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SECTION 1. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT. (a) In General.--Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)), as redesignated and amended by sections 301(b), 347(a), and 352(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-576, 3009-639, 3009-641), is amended by adding at the end the following new subparagraph: ``(F) Nonpayment of child support.--Any alien is inadmissible who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act), and whose failure to pay such child support has resulted in an arrearage exceeding $5,000, until child support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.''. (b) Effective Date.--The amendment made by this section shall apply to visas issued on or after 180 days after the date of the enactment of this Act. SEC. 2. REMOVAL OF ALIENS FOR NONPAYMENT OF CHILD SUPPORT. (a) In General.--Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-598) is amended by adding at the end the following: ``(7) Nonpayment of child support.--Any alien is deportable who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act), and whose failure to pay such child support has resulted in an arrearage exceeding $5,000, until child support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.''. (b) Effective Date.--The amendment made by this section shall take effect 180 days after the date of the enactment of this Act. SEC. 3. ALIENS INELIGIBLE FOR NATURALIZATION FOR NONPAYMENT OF CHILD SUPPORT. (a) In General.--Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) is amended by adding at the end the following: ``No person shall be naturalized who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act), and whose failure to pay such child support has resulted in any arrearage, until child support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.''. (b) Effective Date.--The amendment made by this section shall apply to applications for naturalization filed on or after 180 days after the date of the enactment of this Act. SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON CERTAIN ARRIVING ALIENS. (a) In General.--Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1225(d)), as amended by section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-584), is amended by adding at the end the following: ``(5) Authority to serve process in child support cases.-- ``(A) In general.--To the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States legal process with respect to any action to enforce or establish a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act). ``(B) Definition.--For purposes of subparagraph (A), the term `legal process' means any writ, order, summons or other similar process, which is issued by-- ``(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or (ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.''. (b) Effective Date.--The amendment made by this section shall apply to aliens applying for admission to the United States on or after 180 days after the date of the enactment of this Act. SEC. 5. AUTHORITY TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY ALIENS. Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is amended by adding at the end the following: ``(3) Provision to immigration and naturalization service of information on persons delinquent in child support payments.--On request by the Immigration and Naturalization Service, the Secretary shall provide the Immigration and Naturalization Service with such information in the Federal Case Registry of Child Support Orders as may aid in determining whether an alien is delinquent in the payment of child support.''. | Amends the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to make certain aliens determined to be delinquent in child support payments inadmissable, deportable, and ineligible for naturalization. Authorizes immigration officers to serve child support-related legal process on certain arriving aliens. Amends the Social Security Act to provide for Immigration and Naturalization Service access to certain delinquent child support information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chacoan Outliers Protection Act of 1994''. SEC. 2. CONFORMING AMENDMENT. Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San Juan Basin and surrounding areas;''. SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES. Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is amended to read as follows: ``(b)(1) Thirty-nine outlying sites as generally depicted on a map entitled `Chaco Culture Archeological Protection Sites', numbered 310/ 80,033-B and dated September 1991, are hereby designated as `Chaco Culture Archeological Protection Sites'. The thirty-nine archeological protection sites totaling approximately 14,372 acres identified as follows: ``Name: Acres Allentown.............................................. 380 Andrews Ranch.......................................... 950 Bee Burrow............................................. 480 Bisa'ani............................................... 131 Casa del Rio........................................... 40 Casamero............................................... 160 Chimney Rock........................................... 3,160 Coolidge............................................... 450 Dalton Pass............................................ 135 Dittert................................................ 480 Great Bend............................................. 26 Greenlee Ruin.......................................... 60 Grey Hill Spring....................................... 23 Guadalupe.............................................. 115 Halfway House.......................................... 40 Haystack............................................... 565 Hogback................................................ 453 Indian Creek........................................... 100 Jaquez................................................. 66 Kin Nizhoni............................................ 726 Lake Valley............................................ 30 Manuelito-Atsee Nitsaa................................. 60 Manuelito-Kin Hochoi................................... 116 Morris 41.............................................. 85 Muddy Water............................................ 1,090 Navajo Springs......................................... 260 Newcomb................................................ 50 Peach Springs.......................................... 1,046 Pierre's Site.......................................... 440 Raton Well............................................. 23 Salmon Ruin............................................ 5 San Mateo.............................................. 61 Sanostee............................................... 1,565 Section 8.............................................. 10 Skunk Springs/Crumbled House........................... 533 Standing Rock.......................................... 348 Toh-la-kai............................................. 10 Twin Angeles........................................... 40 Upper Kin Klizhin...................................... 60. ``(2) The map referred to in paragraph (1) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service, the office of the State Director of the Bureau of Land Management located in Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, Arizona, and the offices of the Arizona and New Mexico State Historic Preservation Officers.''. SEC. 4. ACQUISITIONS. Section 504(c)(2) of Public Law 96-550 (16 U.S.C. 410ii-3(c)(2)) is amended to read as follows: ``(2) The Secretary shall seek to use a combination of land acquisition authority under this section and cooperative agreements (pursuant to section 505) to accomplish the purposes of archeological resource protection at those sites described in section 502(b) that remain in private ownership.''. SEC. 5. ASSISTANCE TO THE NAVAJO NATION. Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by adding the following new subsection at the end thereof: ``(f) The Secretary, acting through the Director of the National Park Service, shall assist the Navajo Nation in the protection and management of those Chaco Culture Archeological Protection Sites located on lands under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act (Public Law 93-638), as amended, to assist the Navajo Nation in site planning, resource protection, interpretation, resource management actions, and such other purposes as may be identified in such grant, contract, or cooperative agreement. This cooperative assistance shall include assistance with the development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites.''. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk. | Chacoan Outliers Protection Act of 1994 - Designates nine new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Directs the Secretary of the Interior to use a combination of land acquisition authority and cooperative agreements to accomplish the purposes of archeological resource protection at such sites. Directs the Secretary, acting through the Director of the National Park Service, to assist the Navajo Nation in the: (1) protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act; and (2) development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Clean Air Act of 2001''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier, aircraft, and air transportation.--The terms ``air carrier'', ``aircraft'', and ``air transportation'' have the meaning such terms have under section 40102 of title 49, United States Code. (3) Aircraft air quality incident.--The term ``aircraft air quality incident'' means an incident in an aircraft used in air transportation which results in crew members or passengers reporting a symptom that is consistent with exposure to neurotoxins or asphyxiants. Such symptoms include dizziness, fainting, disorientation, memory loss, peripheral neuropathy, muscle tremors, muscle twitching, or tunnel vision. (4) Mechanical and maintenance records.--The term ``mechanical and maintenance records'' with respect to an aircraft involved in an aircraft air quality incident includes records regarding the use of, and any loss or leakage of, hydraulic fluids, lubrication oils, or fuel, and records regarding any repairs that are, or could be, reported under the Air Transport Association Specifications, including chapter 2100 (Air Conditioning), chapter 2900 (Hydraulic Power), chapter 3600 (Pneumatics), chapter 4900 (Airborne Auxiliary Power), and chapter 7200 (Engine). SEC. 3. DISCLOSURE OF MAINTENANCE RECORDS. (a) Request Made to Administrator.-- (1) In general.--Any crew member, passenger, or their representative that experiences an aircraft air quality incident may file, not later than 30 days after the incident, a request with the Administrator for the mechanical and maintenance records of the aircraft involved in the aircraft air quality incident. The request may cover records with respect to the aircraft for the 90-day period preceding the incident and the 30-day period following the incident. (2) Special rule for previous 5-year period.--Any crew member, passenger, or their representative that experienced an aircraft air quality incident in the 5-year period preceding the date of enactment of this Act may file a request with the Administrator for the mechanical and maintenance records of the aircraft involved in the aircraft air quality incident if the request is made not later than 90 calendar days after the date of enactment of this Act. (3) Verification by health care professional.--A request described in paragraph (1) must include a statement by a health care professional verifying that the individual making the request reported at least 1 symptom described in section 2(3). (b) Request Forwarded to Air Carrier.--Within 30 calendar days of receiving a request described in subsection (a), the Administrator shall record receipt of that request and forward it to the air carrier. (c) Information To Be Disclosed.--An air carrier that receives a request described in subsection (a) shall provide the requested records to the individual making that request-- (1) not later than 15 calendar days after receiving the request described in subsection (a)(1); or (2) not later than 30 calendar days after receiving a request described in subsection (a)(2). (d) Civil Penalty for Noncompliance.-- (1) In general.--Any air carrier that does not produce any records requested pursuant to this section shall be subject to a civil penalty of $1,000 for each day that the air carrier fails to produce the records. (2) Fines increased for inflation.--In the case of any calendar year beginning after 2001, the dollar amount described in paragraph (1) shall be increased by an amount equal to-- (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 1(f)(3)) for the calendar year in which the fine is assessed, determined by substituting ``calendar year 2000'' for ``calendar year 1992'' in subparagraph (B) of such section 1(f)(3). (e) Retention of Mechanical and Maintenance Records.--The Administrator shall require that air carriers retain mechanical and maintenance records for a period of not less than 5 years, or for such longer period if required under any other provision of law. (f) Retention of Related Materials and Documents.--The Administrator shall require that air carriers retain all reports, investigative documents, studies, data, memos, and letters relating to or arising from any complaint, report, or request regarding air quality on aircraft for a period of not less than 10 years. SEC. 4. RELEASE OF FILTRATION MEDIA. (a) Request Made to Administrator.-- (1) In general.--Any crew member, passenger, or their representative that experiences an aircraft air quality incident may file a request with the Administrator not later than 30 days after the incident for the filtration media used in the air supply system of the aircraft involved in that aircraft air quality incident. (2) Verification by health care professional.--A request described in paragraph (1) must include a statement by a health care professional verifying that the individual making the request reported at least 1 symptom described in section 2(3). (b) Request Forwarded to Air Carrier.--Within 30 calendar days of receiving a request described in subsection (a), the Administrator shall record receipt of that request and forward it to the air carrier. (c) Media To Be Provided.--An air carrier that receives a request described in subsection (a) shall provide the filtration media to the Administrator not later than 30 calendar days after replacing the requested filtration media. (d) Action by Administrator.-- (1) In general.--Not later than 30 days after receipt of filtration media under subsection (c), the Administrator shall-- (A) analyze the media to determine the content and chemical properties of any materials contained in the filtration media; and (B) provide the results of the analysis performed under subparagraph (A) to the individual making the request in subsection (a). (2) Retention of information.--The Administrator shall retain the results of any analysis performed under paragraph (1) for a period of not less than 5 years. (e) Civil Penalty for Noncompliance.-- (1) In general.--Any air carrier that does not produce a filtration media requested pursuant to this section shall be subject to a civil penalty of $1,000 for each day that the air carrier fails to produce the media. (2) Fines increased for inflation.--In the case of any calendar year beginning after 2001, the dollar amount described in paragraph (1) shall be increased by an amount equal to-- (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 1(f)(3)) for the calendar year in which the fine is assessed, determined by substituting ``calendar year 2000'' for ``calendar year 1992'' in subparagraph (B) of such section 1(f)(3). (f) Retention of Filtration Media.--The Administrator shall require that an air carrier retain and properly store all filtration media for a period of not less than 45 days after any filtration media is replaced. SEC. 5. DISCLOSURE OF INFORMATION ON PRODUCTS USED IN THE MAINTENANCE, OPERATION, OR TREATMENT OF AIRCRAFT. (a) Request Made to the Administrator.-- (1) In general.--Any crew member, passenger, or their representative may file a request with the Administrator for information on the chemical constituents of products (either alone or in combination, including the byproducts generated by thermal degradation or decomposition of those products) used in the maintenance, operation, or treatment of aircraft to which a crew member or passenger may be or may have been directly exposed. (2) Special rule for the previous 5-year period.--Any crew member, passenger, or their representative may file a request with the Administrator for the information described in paragraph (1) regarding a product that was used during the 5- year period preceding the date of enactment of this Act if the request is made not later than 90 calendar days after the date of enactment of this Act. (b) Request Forwarded to Air Carrier.--Within 30 calendar days of receiving a request described in subsection (a), the Administrator shall record receipt of that request and forward it to the air carrier. (c) Information To Be Disclosed.-- (1) In general.--An air carrier that receives a request described in subsection (a) shall provide the information to the individual making that request-- (A) not later than 15 calendar days after receiving a request described in subsection (a)(1); and (B) not later than 30 days after receiving a request described in subsection (a)(2). (2) Information to be included.--An air carrier shall provide to a person making a request described in subsection (a) the following: (A) Information on the toxicity and toxicology of the products described in subsection (a). (B) Any report of an aircraft air quality incident, including any first aid and medical treatment or tests required by any person in connection with the aircraft air quality incident. (C) Any monitoring data, including measurements of exposures of personnel in the work environment, measurements of ambient air and surface contamination in the work environment, and in-duct measurements. (D) All reports, investigative documents, studies, memos, and letters related to or arising from any complaint, report, or request regarding air quality on aircraft. (E) Any health or symptom survey distributed to crew members. (d) Civil Penalty for Noncompliance.-- (1) In general.--Any air carrier that does not produce any information requested pursuant to this section shall be subject to a civil penalty of $1,000 for each day that the carrier fails to produce the information. (2) Fines increased for inflation.--In the case of any calendar year beginning after 2001, the dollar amount described in paragraph (1) shall be increased by an amount equal to-- (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 1(f)(3)) for the calendar year in which the fine is assessed, determined by substituting ``calendar year 2000'' for ``calendar year 1992'' in subparagraph (B) of such section 1(f)(3). (e) Retention of Information on Products and Byproducts.--The Administrator shall require that an air carrier retain the records described in this section for a period of not less than 5 years, or for such longer period as is under any other provision of law. (f) Relationship to Other Disclosures.--The information required to be provided under this section shall be provided to the crew member, passenger, or their representative in addition to any information provided in the material safety data sheet. SEC. 6. CABIN PRESSURIZATION. (a) Study of Cabin Oxygen Levels.--The Administrator, in consultation with the National Academy of Sciences Committee on Air Quality in Passenger Cabins of Commercial Aircraft, shall award a grant to an eligible applicant described in subsection (b) to conduct an aeromedical research study to determine what cabin altitude must be maintained to provide sufficient oxygen to ensure that the short- and long-term health of 95 percent of a representative sample of cabin crew and passengers is not adversely affected. (b) Eligible Applicant.--An eligible applicant described in this subsection is an expert in an appropriate academic field who is affiliated with a school of public or occupational health that does not receive funding from the airline industry. (c) Elements of the Study.--The study shall include-- (1) measurements of blood oxygen saturation collected at cabin altitudes that range from 5,000 to 8,000 feet from a sample of crew members and passengers selected to represent the range of weight and health considerations that could affect blood oxygen transport (including cardiovascular and respiratory conditions); and (2) a review of existing data and published literature. (d) Report.--The eligible applicant selected to receive the grant under this section shall complete the study and submit a report regarding the results of the study to the Administrator not later than 18 months after the receipt of the grant funds. | Aircraft Clean Air Act of 2001 - Authorizes crew members or passengers that experience an aircraft air quality incident which results in their reporting a symptom consistent with exposure to neurotoxins or asphyxiants to file a request with the Administrator of the Federal Aviation Administration (FAA) for: (1) the aircraft's mechanical and maintenance records; (2) the filtration media used in the aircraft's air supply system; and (3) the chemical constituents of products used in the maintenance, operation, or treatment of such aircraft to which a crew member or passenger may have been directly exposed. Sets forth a civil penalty for the failure of an air carrier to produce such records, media, or information.Directs the Administrator of the FAA to award a grant for an aeromedical research study to determine what cabin altitude must be maintained to provide sufficient oxygen to ensure that the short- and long-term health of 95 percent of a representative sample of cabin crew and passengers is not adversely affected. |
SECTION 1. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP ACTIVITY, WINTER HARBOR, MAINE. (a) Transfer of Jurisdiction of Schoodic Point Property Authorized.--(1) The Secretary of the Navy may transfer, without consideration, to the Secretary of the Interior administrative jurisdiction of a parcel of real property, including any improvements thereon and appurtenances thereto, consisting of approximately 26 acres as generally depicted as Tract 15-116 on the map entitled ``Acadia National Park Schoodic Point Area'', numbered 123/80,418 and dated May 2001. The map shall be on file and available for inspection in the appropriate offices of the National Park Service. (2) The transfer authorized by this subsection shall occur, if at all, concurrently with the reversion of administrative jurisdiction of a parcel of real property consisting of approximately 71 acres, as depicted as Tract 15-115 on the map referred to in paragraph (1), from the Secretary of the Navy to the Secretary of the Interior as authorized by Public Law 80-260 (61 Stat. 519) and to be executed on or about June 30, 2002. (b) Conveyance of Corea and Winter Harbor Properties Authorized.-- The Secretary of the Navy may convey, without consideration, to the State of Maine, any political subdivision of the State of Maine, or any tax-supported agency in the State of Maine, all right, title, and interest of the United States in and to any of the parcels of real property, including any improvements thereon and appurtenances thereto, consisting of approximately 485 acres and comprising the former facilities of the Naval Security Group Activity, Winter Harbor, Maine, located in Hancock County, Maine, except for the real property described in subsection (a)(1). (c) Transfer of Personal Property.--The Secretary of the Navy shall transfer, without consideration, to the Secretary of the Interior in the case of the real property transferred under subsection (a), or to any recipient of such real property in the case of real property conveyed under subsection (b), any or all personal property associated with such real property so transferred or conveyed, including-- (1) the ambulances and any fire trucks or other firefighting equipment; and (2) any personal property required to continue the maintenance of the infrastructure of such real property, including the generators and an uninterrupted power supply in building 154 at the Corea site. (d) Maintenance of Property Pending Conveyance.--The Secretary of the Navy shall maintain any real property, including any improvements thereon, appurtenances thereto, and supporting infrastructure, to be conveyed under subsection (b) in accordance with the protection and maintenance standards specified in section 101-47.4913 of title 41, Code of Federal Regulations, until the earlier of-- (1) the date of the conveyance of such real property under subsection (b); or (2) September 30, 2003. (e) Interim Lease.--(1) Until such time as any parcel of real property to be conveyed under subsection (b) is conveyed by deed under that subsection, the Secretary of the Navy may lease such parcel to any person or entity determined by the Secretary to be an appropriate lessee of such parcel. (2) The amount of rent for a lease under paragraph (1) shall be the amount determined by the Secretary to be appropriate, and may be an amount less than the fair market value of the lease. (3) Notwithstanding any other provision of law, the Secretary shall credit any amount received for a lease of real property under paragraph (1) to the appropriation or account providing funds for the operation and maintenance of such property or for the procurement of utility services for such property. Amounts so credited shall be merged with funds in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as the funds with which merged. (f) Reimbursement for Environmental and Other Assessments.--(1) The Secretary of the Navy may require each recipient of real property conveyed under subsection (b) to reimburse the Secretary for the costs incurred by the Secretary for any environmental assessment, study, or analysis carried out by the Secretary with respect to such property before completing the conveyance under that subsection. (2) The amount of any reimbursement required under paragraph (1) shall be determined by the Secretary, but may not exceed the cost of the assessment, study, or analysis for which reimbursement is required. (3) Section 2695(c) of title 10, United States Code, shall apply to any amount received by the Secretary under this subsection. (g) Description of Property.--The exact acreage and legal description of the real property transferred under subsection (a), and each parcel of real property conveyed under subsection (b), shall be determined by a survey satisfactory to the Secretary of the Navy. The cost of any survey under the preceding sentence for real property conveyed under subsection (b) shall be borne by the recipient of the real property. (h) Additional Terms and Conditions.--The Secretary of the Navy may require such additional terms and conditions in connection with any conveyance under subsection (b), and any lease under subsection (e), as the Secretary considers appropriate to protect the interests of the United States. SEC. 2. TRANSFER OF FUNDS TO DEPARTMENT OF THE INTERIOR. The Secretary of Defense shall transfer to the Secretary of the Interior amounts as follows: (1) $5,000,000 for purposes of capital investments for the development of a research and education center at Acadia National Park, Maine. (2) $1,400,000 for purposes of operation and maintenance activities at Acadia National Park, Maine. SEC. 3. FINANCIAL ASSISTANCE. (a) Grant Assistance for Town of Winter Harbor.--(1) The Secretary of the Navy shall, by grant, provide financial assistance to the Town of Winter Harbor, Maine (in this subsection referred to as the ``Town''), in each of fiscal years 2002, 2003, and 2004, for the purpose of reimbursing the Town for costs incurred in making improvements to the water and sewer systems of the Town for the benefit of the Naval Security Group Activity, Winter Harbor, Maine, located in Hancock County, Maine. (2) The amount of the grant under paragraph (1) in fiscal year 2002 shall be $68,000. (3) The amount of the grant under paragraph (1) in each of fiscal years 2003 and 2004 shall be the amount, not to exceed $68,000, jointly determined by the Secretary and the Town to be appropriate to reimburse the Town as described in that paragraph in the applicable fiscal year. (b) Grant Assistance for School Administrative District.--(1) The Secretary shall, by grant, provide financial assistance to the School Administrative District (SAD) operating Sumner High School, Sullivan, Maine. (2) The purpose of the grant is to offset the loss of impact aid under title VIII of the Elementary and Secondary Education Act of 1965 that the local educational agency experienced for fiscal years 2000 and 2001 as a result of the closure of the Naval Security Group Activity, Winter Harbor, Maine. (3) The amount of the grant under paragraph (1) shall be $86,000. SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS. (a) Transfers of Funds to Department of Interior.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2002, $6,400,000 for purposes of the transfers of funds required by section 2. (b) Grants.--There is hereby authorized to be appropriated for the Department of the Navy for purposes of the grants required by section 3, amounts as follows: (1) For fiscal year 2002, $154,000. (2) For each of fiscal years 2003 and 2004, such amounts as may be necessary. (c) Supplement Not Supplant.--The amounts authorized to be appropriated by this section for the Department of Defense, or for the Department of the Navy, for a fiscal year are in addition to any other amounts authorized to be appropriated for such Department for such fiscal year under any other provision of law. (d) Availability.--Amounts authorized to be appropriated by this section for a fiscal year shall remain available until expended, without fiscal year limitation. | Authorizes the Secretary of the Navy to transfer to: (1) the Secretary of the Interior administrative jurisdiction over specified property at the Naval Security Group Activity, Winter Harbor, Maine concurrently with the reversion of administrative jurisdiction over other specified property from the Secretary of the Navy to the Secretary of the Interior; and (2) the State of Maine, or any political subdivision or tax-supported agency therein, the former facilities of such Security Group Activity, except for the property transferred above. Requires the Secretary to maintain the facilities to be transferred until the earlier of the date of transfer or September 30, 2003. Authorizes the Secretary to lease such property to any appropriate entity in the interim. Requires reimbursement to the Secretary for the costs of any environmental assessment, study, or analysis.Directs the Secretary of Defense to transfer to the Secretary of the Interior specified amounts for: (1) the development of a research and education center at Acadia National Park, Maine; and (2) operation and maintenance activities there.Directs the Secretary of the Navy to provide financial assistance to Winter Harbor in each of FY 2002 through 2004 as reimbursement for costs incurred in making water and sewage system improvements for the benefit of the Group Activity there. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2009''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Expansion of biomedical research. Sec. 5. Psoriasis and psoriatic arthritis data collection and national patient registry. Sec. 6. National summit. Sec. 7. Study and report by the Institute of Medicine. Sec. 8. Authorization of appropriations. SEC. 3. FINDINGS. The Congress finds as follows: (1) Psoriasis and psoriatic arthritis are autoimmune, chronic, inflammatory, painful, disfiguring, and life-altering diseases that require life-long sophisticated medical intervention and care and have no cure. (2) Psoriasis and psoriatic arthritis affect as many as 7,500,000 men, women, and children of all ages and have an adverse impact on the quality of life for virtually all affected. (3) Psoriasis often is overlooked or dismissed because it does not cause death. Psoriasis is commonly and incorrectly considered by insurers, employers, policymakers, and the public as a mere annoyance, a superficial problem, mistakenly thought to be contagious and due to poor hygiene. Treatment for psoriasis often is categorized, wrongly, as ``life-style'' and not ``medically necessary.'' (4) Psoriasis goes hand-in-hand with myriad co-morbidities such as Crohn's disease, diabetes, metabolic syndrome, obesity, hypertension, heart attack, cardiovascular disease, liver disease, and psoriatic arthritis, which occurs in 10 to 30 percent of people with psoriasis. (5) The National Institute of Mental Health funded a study that found that psoriasis may cause as much physical and mental disability as other major diseases, including cancer, arthritis, hypertension, heart disease, diabetes, and depression. (6) Psoriasis is associated with elevated rates of depression and suicidal ideation. (7) The risk of premature death is 50 percent higher for individuals with severe psoriasis than for individuals without any form of psoriasis. (8) Total direct and indirect health care costs of psoriasis are calculated at over $11,250,000,000 annually with work loss accounting for 40 percent of the cost burden. (9) Early diagnosis and treatment of psoriatic arthritis may help prevent irreversible joint damage. (10) Treating psoriasis and psoriatic arthritis presents a challenge for patients and their health care providers because no one treatment works for everyone, some treatments lose effectiveness over time, many treatments are used in combination with others, and all treatments may cause a unique set of side effects. (11) Although new and more effective treatments finally are becoming available, too many people do not yet have access to the types of therapies that may make a significant difference in the quality of their lives. (12) Psoriasis and psoriatic arthritis constitute a significant national health issue that deserves a comprehensive and coordinated response by Federal and State governments with involvement of the health care provider, patient, and public health communities. SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the National Institutes of Health, shall continue to expand and intensify research and related activities of the Institutes with respect to psoriasis and psoriatic arthritis. (b) Research by National Institute of Arthritis and Musculoskeletal and Skin Diseases.-- (1) In general.--The directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergy and Infectious Diseases shall continue to conduct and support research to expand understanding of the causes of, and to find a cure for, psoriasis and psoriatic arthritis, including the following: (A) Basic research to discover the pathogenesis and pathophysiology of the disease. (B) Expansion of molecular biology and immunology studies, including additional animal models. (C) Global association mapping with single nucleotide polymorphisms. (D) Identification of environmental triggers and autoantigens in psoriasis. (E) Elucidation of specific immunologic cells and their products involved. (F) Pharmcogenetic studies to understand the molecular basis for varying patient response to treatment. (G) Identification of genetic markers of psoriatic arthritis susceptibility. (H) Research to increase understanding of joint inflammation and destruction in psoriatic arthritis. (I) Investigator-initiated clinical research for the development and evaluation of new treatments, including new biological agents. (J) Research to develop enhanced diagnostic tests that allow for earlier diagnosis of psoriasis and improved outcomes. (K) Research to increase understanding of the epidemiology and pathophysiology of co-morbidities associated with psoriasis, including shared molecular pathways. (2) Coordination with other institutes.--In carrying out paragraph (1), the directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergy and Infectious Diseases shall coordinate the activities of such Institutes with the activities of other national research institutes and other agencies and offices of the National Institutes of Health relating to psoriasis or psoriatic arthritis. SEC. 5. PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION AND NATIONAL PATIENT REGISTRY. The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national organization serving people with psoriasis and psoriatic arthritis, shall undertake psoriasis and psoriatic arthritis data collection and develop a psoriasis and psoriatic arthritis patient registry. SEC. 6. NATIONAL SUMMIT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary is encouraged to convene a summit on the Federal Government's current and future efforts, and the initiatives necessary to fill any gaps, with respect to the conduct or support of psoriasis and psoriatic arthritis research, treatment, education, quality-of-life, and data collection activities. The summit should also address psoriasis and psoriatic arthritis related co- morbidities and should include researchers, public health professionals, representatives of voluntary health agencies and patient advocacy organizations, representatives of academic institutions, representatives from the pharmaceutical and medical research industry, and Federal and State policymakers, including representatives of the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health. (b) Focus.--The summit convened under this section should focus on-- (1) a broad range of research activities relating to biomedical, epidemiological, psychosocial, and rehabilitative issues; (2) clinical research for the development and evaluation of new treatments, including new biological agents; (3) translational research; (4) information and education programs for health care professionals and the public; (5) priorities among the programs and activities of the various Federal agencies involved in psoriasis and psoriatic arthritis and related co-morbidities; and (6) challenges, opportunities, and recommendations for scientists, clinicians, patients, and voluntary organizations. (c) Report to Congress.--Not later than 180 days after the first day of the summit convened under this section, the Secretary shall submit to the Congress and make publicly available a report that includes a description of-- (1) the proceedings at the summit; and (2) recommendations related to the research, treatment, education, and quality-of-life activities conducted or supported by the Federal Government with respect to psoriasis and psoriatic arthritis, including psoriasis and psoriatic arthritis related co-morbidities. SEC. 7. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE. (a) In General.--The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study on the following: (1) The extent to which public and private insurers cover prescription medications and other treatments for psoriasis and psoriatic arthritis. (2) The payment structures, such as deductibles and co- payments, and the amounts and duration of coverage under health plans and their adequacy to cover the costs of providing ongoing care to, and ensure access for, patients with psoriasis and psoriatic arthritis. (3) Health plan and insurer coverage policies and practices, including life-time caps, and their impact on the access of such patients to the best regimen and most appropriate care for their particular disease state. (b) Report.--The agreement entered into under subsection (a) shall provide for the Institute of Medicine to submit to the Secretary and the Congress, not later than 18 months after the date of the enactment of this Act, a report containing a description of-- (1) the results of the study conducted under this section; and (2) the conclusions and recommendations of the Institute of Medicine regarding each of the issues described in paragraphs (1) through (3) of subsection (a). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014. | Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2009 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to continue to expand and intensify research and related NIH activities with respect to psoriasis and psoriatic arthritis. Requires the Directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergy and Infectious Diseases to continue to conduct and support research to expand understanding of the causes of, and to find a cure for, psoriasis and psoriatic arthritis. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to undertake psoriasis and psoriatic arthritis data collection and develop a psoriasis and psoriatic arthritis patient registry. Encourages the Secretary to convene a summit on federal efforts regarding psoriasis and psoriatic arthritis research, treatment, education, quality-of-life, and data collection. Directs the Secretary to enter into an agreement with the Institutes of Medicine to study insurance coverage of psoriasis and psoriatic arthritis. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentoring for Success Act''. SEC. 2. GRANTS TO SUPPORT MENTORING PROGRAMS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART M--MENTORING PROGRAMS ``SEC. 10999P. DEFINITIONS. ``In this part, the following definitions apply: ``(1) Child with greatest need.--The term `child with greatest need' means a child at risk of educational failure, dropping out of school, or involvement in criminal or delinquent activities, or that has lack of strong positive adult role models. ``(2) Mentor.--The term `mentor' means an individual who works with a child to provide a positive role model for the child, to establish a supportive relationship with the child, and to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult. ``(3) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 10999Q. PURPOSES. ``The purposes of this part are to make assistance available to promote mentoring programs for children with greatest need-- ``(1) to assist such children in receiving support and guidance from a caring adult; ``(2) to improve the academic performance of such children; ``(3) to improve interpersonal relationships between such children and their peers, teachers, other adults, and family members; ``(4) to reduce the dropout rate of such children; and ``(5) to reduce juvenile delinquency and involvement in gangs by such children. ``SEC. 10999R. GRANT PROGRAM. ``(a) In General.--In accordance with this section, the Secretary may make grants to eligible entities to assist such entities in establishing and supporting mentoring programs and activities that-- ``(1) are designed to link children with greatest need (particularly such children living in rural areas, high crime areas, or troubled home environments, or such children experiencing educational failure) with responsible adults, who-- ``(A) have received training and support in mentoring; ``(B) have been screened using appropriate reference checks, child and domestic abuse record checks, and criminal background checks; and ``(C) are interested in working with youth; and ``(2) are intended to achieve 1 or more of the following goals: ``(A) Provide general guidance to children with greatest need. ``(B) Promote personal and social responsibility among children with greatest need. ``(C) Increase participation by children with greatest need in, and enhance their ability to benefit from, elementary and secondary education. ``(D) Discourage illegal use of drugs and alcohol, violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially harmful activity by children with greatest need. ``(E) Encourage children with greatest need to participate in community service and community activities. ``(F) Encourage children with greatest need to set goals for themselves or to plan for their futures, including encouraging such children to make graduation from secondary school a goal and to make plans for postsecondary education or training. ``(G) Discourage involvement of children with greatest need in gangs. ``(b) Eligible Entities.--Each of the following is an entity eligible to receive a grant under subsection (a): ``(1) A local educational agency. ``(2) A nonprofit, community-based organization. ``(3) A partnership between an agency referred to in paragraph (1) and an organization referred to in paragraph (2). ``(c) Use of Funds.-- ``(1) In general.--Each entity receiving a grant under this section shall use the grant funds for activities that establish or implement a mentoring program, including-- ``(A) hiring of mentoring coordinators and support staff; ``(B) providing for the professional development of mentoring coordinators and support staff; ``(C) recruitment, screening, and training of adult mentors; ``(D) reimbursement of schools, if appropriate, for the use of school materials or supplies in carrying out the program; ``(E) dissemination of outreach materials; ``(F) evaluation of the program using scientifically based methods; and ``(G) such other activities as the Secretary may reasonably prescribe by rule. ``(2) Prohibited uses.--Notwithstanding paragraph (1), an entity receiving a grant under this section may not use the grant funds-- ``(A) to directly compensate mentors; ``(B) to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the entity's operations; ``(C) to support litigation of any kind; or ``(D) for any other purpose reasonably prohibited by the Secretary by rule. ``(d) Term of Grant.--Each grant made under this section shall be available for expenditure for a period of 3 years. ``(e) Application.--Each eligible entity seeking a grant under this section shall submit to the Secretary an application that includes-- ``(1) a description of the mentoring plan the applicant proposes to carry out with such grant; ``(2) information on the children expected to be served by the mentoring program for which such grant is sought; ``(3) a description of the mechanism that applicant will use to match children with mentors based on the needs of the children; ``(4) an assurance that no mentor will be assigned to mentor so many children that the assignment would undermine either the mentor's ability to be an effective mentor or the mentor's ability to establish a close relationship (a one-on- one relationship, where practicable) with each mentored child; ``(5) an assurance that mentoring programs will provide children with a variety of experiences and support, including-- ``(A) emotional support; ``(B) academic assistance; and ``(C) exposure to experiences that children might not otherwise encounter on their own; ``(6) an assurance that mentoring programs will be monitored to ensure that each child assigned a mentor benefits from that assignment and that there will be a provision for the assignment of a new mentor if the relationship between the original mentor is not beneficial to the child; ``(7) information on the method by which mentors and children will be recruited to the mentor program; ``(8) information on the method by which prospective mentors will be screened; ``(9) information on the training that will be provided to mentors; and ``(10) information on the system that the applicant will use to manage and monitor information relating to the program's reference checks, child and domestic abuse record checks, and criminal background checks and to its procedure for matching children with mentors. ``(f) Selection.-- ``(1) Competitive basis.--In accordance with this subsection, the Secretary shall select grant recipients from among qualified applicants on a competitive basis. ``(2) Priority.--In selecting grant recipients under paragraph (1), the Secretary shall give priority to each applicant that-- ``(A) serves children with greatest need living in rural areas, high crime areas, or troubled home environments, or who attend schools with violence problems; ``(B) provides background screening of mentors, training of mentors, and technical assistance in carrying out mentoring programs; ``(C) proposes a mentoring program under which each mentor will be assigned to not more children than the mentor can serve effectively; or ``(D) proposes a school-based mentoring program. ``(3) Other considerations.--In selecting grant recipients under paragraph (1), the Secretary shall also consider-- ``(A) the degree to which the location of the programs proposed by each applicant contributes to a fair distribution of programs with respect to urban and rural locations; ``(B) the quality of the mentoring programs proposed by each applicant, including-- ``(i) the resources, if any, the applicant will dedicate to providing children with opportunities for job training or postsecondary education; ``(ii) the degree to which parents, teachers, community-based organizations, and the local community have participated, or will participate, in the design and implementation of the applicant's mentoring program; ``(iii) the degree to which the applicant can ensure that mentors will develop longstanding relationships with the children they mentor; ``(iv) the degree to which the applicant will serve children with greatest need in the 4th, 5th, 6th, 7th, and 8th grades; and ``(v) the degree to which the program will continue to serve children from the 4th grade through graduation from secondary school; and ``(C) the capability of each applicant to effectively implement its mentoring program. ``(4) Grant to each state.--Notwithstanding any other provision of this subsection, in selecting grant recipients under paragraph (1), the Secretary shall select not less than 1 grant recipient from each State for which there is a qualified applicant. ``(g) Model Screening Guidelines.-- ``(1) In general.--Based on model screening guidelines developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute to program participants specific model guidelines for the screening of mentors who seek to participate in programs to be assisted under this part. ``(2) Background checks.--The guidelines developed under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference checks, child and domestic abuse record checks, and criminal background checks. ``SEC. 10999S. STUDY BY GENERAL ACCOUNTING OFFICE. ``(a) In General.--The Comptroller General of the United States shall conduct a study to identify successful school-based mentoring programs, and the elements, policies, or procedures of such programs that can be replicated. ``(b) Report.--Not later than 3 years after the date of enactment of the Mentoring for Success Act, the Comptroller General shall submit a report to the Secretary and Congress containing the results of the study conducted under this section. ``(c) Use of Information.--The Secretary shall use information contained in the report referred to in subsection (b)-- ``(1) to improve the quality of existing mentoring programs assisted under this part and other mentoring programs assisted under this Act; and ``(2) to develop models for new programs to be assisted or carried out under this Act. ``SEC. 10999T. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out section 10999R $100,000,000 for each of fiscal years 2002 through 2004.''. | Mentoring for Success Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make competitive grants to establish and support mentoring programs and activities designed to link children with greatest need with responsible adults and to achieve specified goals.Makes eligible for such grants: (1) local educational agencies; (2) nonprofit community-based organizations; or (3) partnerships between such an agency and such an organization. Requires selection of at least one grant recipient in each State for which there is a qualified applicant.Directs the Comptroller General to study and report to the Secretary and to Congress on successful school-based mentoring programs. |
SECTION 1. PROLIFERATOR DESUBSIDIZATION. (a) Annual Report.--The Director of Central Intelligence shall submit an annual report to the Members of Congress specified in subsection (f) containing the information described in subsection (b). The first such report shall be submitted not later than 30 days after the date of the enactment of this Act and subsequent reports shall be submitted annually thereafter. Each such report shall be submitted in classified form. (b) Identification of Foreign Entities Transferring Items or Technologies.--Each report shall identify each covered entity which during the preceding 2 years transferred a controlled item to another entity for use in any of the following: (1) A missile project of concern (as determined by the Director of Central Intelligence). (2) Activities to develop, produce, stockpile, or deliver chemical or biological weapons. (3) Nuclear activities in countries that do not maintain full scope International Atomic Energy Agency safeguards or equivalent full scope safeguards. (c) Prohibition of Subsidies for Proliferator Entities.--Subject to subsection (d), the following shall be applicable with respect to each entity identified in the most recent report under subsection (a): (1) The Export-Import Bank of the United States may not issue any guarantee, insurance, or extension of credit, or approve any participation in an extension of credit, that would be used to conduct business with that entity. (2) The Overseas Private Investment Corporation may not issue any insurance, reinsurance, or guarantee, or provide any financing, that would be used to conduct business with that entity. (3) No license may be approved for the transfer to that entity of-- (A) any controlled item; (B) any other item for which a validated license is required under section 5, 6(l), or 6(m) of the Export Administration Act of 1979 or for which a validated license is required under that Act pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978; (C) any other item on the United States Munitions List; or (D) any other item controlled for export under the Atomic Energy Act of 1954. (4) The Secretary of Energy may not approve a request under section 57b.(2) of the Atomic Energy Act of 1954 to engage, directly or indirectly, in the production of special nuclear material by that entity. (d) Removal of Prohibition.--The prohibition under subsection (c) shall cease to apply with respect to an entity if the Director of Central Intelligence submits a certification in writing to the Members of Congress specified in subsection (f) that the entity has ceased to make transfers described in subsection (b) and is unlikely to resume such transfers. (e) Definitions.--For the purposes of this section: (1) Controlled item.--(A) The term ``controlled item'' means any of the following items (including technology): (i) Any item on the MTCR Annex. (ii) An item listed for control by the Australia Group. (iii) Any item listed for control by the Nuclear Suppliers Group. (B) Australia group.--The term ``Australia Group'' means the multilateral regime in which the United States participates that seeks to prevent the proliferation of chemical and biological weapons. (C) MTCR annex.--The term ``MTCR Annex'' has the meaning given that term in section 74 of the Arms Export Control Act (22 U.S.C. 2797c). (D) Nuclear suppliers' group.--The term ``Nuclear Suppliers' Group'' means the multilateral arrangement in which the United States participates whose purpose is to restrict the transfers of items with relevance to the nuclear fuel cycle or nuclear explosive applications. (2) Covered entity.--The term ``covered entity'' means a foreign person, corporation, business association, partnership, society, trust, or other nongovernmental organization or group or any government entity operating as a business. Such term includes any successor to any such entity. (3) Missile project.--(A) The term ``missile project'' means a project or facility for the design, development, or manufacture of a missile. (B) The term ``missile'' has the meaning given that term in section 74 of the Arms Export Control Act (22 U.S.C. 2797c). (f) Specified Members of Congress.--The Members of Congress referred to in this subsection are the following: (1) The chairman and ranking minority party member of the following committees of the House of Representatives: the Committee on International Relations, the Committee on National Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations. (2) The chairman and ranking minority party member of the following committees of the Senate: the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Affairs. | Requires the Director of Central Intelligence (DCI) to submit to the chairmen and ranking minority members of specified congressional committees an annual report identifying each foreign entity which, during the preceding two years, transferred a controlled item (any of certain items listed on nuclear supplies lists or chemical or biological weapons) to another entity for: (1) a missile project of concern; (2) activities to develop, produce, stockpile, or deliver chemical or biological weapons; or (3) nuclear activities in countries that do not maintain full International Atomic Energy Agency safeguards or equivalent full scope safeguards. Prohibits certain economic and export subsidies with respect to identified countries. Waives such prohibition if the DCI certifies to such members that the entity has ceased to make such transfers and is unlikely to resume doing so. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Arson Deterrence and Fire Containment Act of 1993''. SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM. There are authorized to be appropriated $15,000,000 for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service. SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare of study of additional means of improving airborne fire fighting response time, including whether there are any legal impediments that (such as private contracting requirements) which materially delay fire fighting response reaction time. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS. (a) Malicious Use of Fire or Explosive.-- (1) Federal property.--Subsection (f) of section 844 of title 18, United States Code, is amended-- (A) by inserting ``(1)'' after ``(f)''; and (B) by striking ``shall be imprisoned for not more than ten years'' and all that follows through the end of the subsection and inserting the following: ``shall, except as provided in paragraph (2) of this subsection, be fined under this title or imprisoned not more than 10 years, or both. ``(2) If a circumstance exists that is listed below, the punishment for an offense under this subsection shall be as follows: ``(A) If the damage caused by the offense exceeds $1,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 5 nor more than 20 years. ``(B) If the life of any person (other than the offender) is placed in jeopardy as a result of the offense, or the damage caused by the offense exceeds $10,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 8 nor more than 30 years. ``(C) If personal injury results to any person (other than the offender) or the damage caused by the offense exceeds $25,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 10 nor more than 40 years. ``(D) If the death of any person results the offender shall-- ``(i) be subject to a fine under this title and imprisoned for any term of years greater than 25 (or imprisonment for life); and ``(ii) also be subject to the death penalty as provided in section 34 of this title.''. (2) Interstate commerce.--Subsection (i) of section 844 of title 18, United States Code, is amended-- (A) by inserting ``(1)'' after ``(i)''; and (B) by striking ``shall be imprisoned for not more than ten years'' and all that follows through the end of the subsection and inserting the following: ``shall, except as provided in paragraph (2) of this subsection, be fined under this title or imprisoned not more than 10 years, or both. ``(2) If a circumstance exists that is listed below, the punishment for an offense under this subsection shall be as follows: ``(A) If the damage caused by the offense exceeds $1,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 5 nor more than 20 years. ``(B) If the life of any person (other than the offender) is placed in jeopardy as a result of the offense, or the damage caused by the offense exceeds $10,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 8 nor more than 30 years. ``(C) If personal injury results to any person (other than the offender) or the damage caused by the offense exceeds $25,000,000, the offender shall be subject to a fine under this title and imprisoned for not less than 10 nor more than 40 years. ``(D) If the death of any person results the offender shall-- ``(i) be subject to a fine under this title and imprisoned for any term of years greater than 25 (or imprisonment for life); and ``(ii) also be subject to the death penalty as provided in section 34 of this title.''. (b) Reckless or Negligent Use of Fire or Explosive.--Section 844 of title 18, United States Code, is amended by adding at the end the following: ``(k)(1) Whoever recklessly engages in conduct that would be prohibited by subsection (f) or (i) of this section if such conduct were engaged in maliciously, and as a result a dwelling (other than that of the offender) is destroyed or a person (other than the offender) is injured, shall be fined under this title or imprisoned not more than one year, or both. If the court does not sentence a person convicted under this section to imprisonment, the court shall as a minimum sentence such person to probation with a condition that such person perform not less than 400 nor more than 2000 hours of community service. In any juvenile proceeding, a juvenile who has been adjudicated a juvenile delinquent for conduct which if committed by an adult would be a violation of this subsection shall be required to spend at least one week in an residential institution for the confinement of juvenile delinquents and to perform not less than 400 nor more than 2000 hours of community service. ``(2) Whoever negligently engages in conduct that would be prohibited by subsection (f) or (i) of this section if such conduct were engaged in maliciously shall be fined under this title or imprisoned not more than one month, or both. If the court does not sentence a person convicted under this section to imprisonment, the court shall as a minimum sentence such person to probation with a condition that such person perform not less than 100 nor more than 1000 hours of community service. In any juvenile proceeding, a juvenile who has been adjudicated a juvenile delinquent for conduct which if committed by an adult would be a violation of this subsection shall be required to spend at least two days in an residential institution for the confinement of juvenile delinquents and to perform not less than 100 nor more than 1000 hours of community service.''. SEC. 5. ELIMINATION OF FIRE HAZARDS. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare a study of whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds that may provide fuel for dangerous fires. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRIVATE FIRE FIGHTING CAPABILITIES. Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Aviation Administration, shall report to Congress on-- (1) how more use could be made of excess military cargo, other planes available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes. SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND BACKUP POWER. The Forest Service in the Department of Agriculture, in consultation with local fire chiefs, and other fire and arson experts, shall prepare a study of the potential feasibility of building additional roads and backup power supplies for assuring water pressure and water availability in national forest areas to increase fire fighting effectiveness. The Forest Service shall report the results of such study to Congress not later than one year after the date of the enactment of this Act. SEC. 8. REVENUE OFFSET. Notwithstanding any other provision of law, the Secretary of Agriculture shall reduce by 5 percent the below-cost direct loans of the Farmers Home Administration for each of fiscal years 1994 through 1998. | Comprehensive Arson Deterrence and Fire Containment Act of 1993 - Authorizes appropriations for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service. Directs the Forest Service to study and report to the Congress on additional means of improving airborne fire fighting response time, including whether there are any legal impediments which materially delay fire fighting response reaction time. Increases penalties for the malicious use of fire or an explosive if: (1) the damage caused by the offense exceeds $1 million (between five and 20 years' imprisonment); (2) the life of any person is placed in jeopardy as a result of the offense or the damage caused exceeds $10 million (between eight and 30 years' imprisonment); (3) personal injury results to any person or the damage caused exceeds $25 million (between ten and 40 years' imprisonment); and (4) death of any person results (over 25 years' imprisonment, life imprisonment, or the death penalty). Sets forth: (1) analogous provisions regarding malicious use of fire or an explosive to damage or destroy any building, vehicle, or other property used in interstate or foreign commerce or in any activity affecting such commerce; and (2) penalties for reckless or negligent use of fire or an explosive. Directs the Forest Service to study and report to the Congress on whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds, that may provide fuel for dangerous fires. Requires the Secretary of Defense to report to the Congress on: (1) how greater use could be made of excess military cargo planes, other plans available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2008'' or the ``Helping HANDS for Autism Act of 2008''. TITLE I--AUTISM NAVIGATOR PROGRAM SEC. 101. AUTISM NAVIGATOR PROGRAM. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399DD the following: ``SEC. 399DD-1. AUTISM NAVIGATOR PROGRAM. ``(a) Authorization of Grant Program.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Housing and Urban Development and the Secretary of Education, shall establish a demonstration grant program to award grants to eligible entities to enable such entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder. ``(2) Eligible entity.-- ``(A) In general.--In this section, the term `eligible entity' means an entity that has-- ``(i) not less than 2 years experience serving the autism community in an advocacy or service capacity; and ``(ii) a-- ``(I) behaviorist with at least a master's degree on staff or in a consultation capacity who has experience in applied behavioral analysis; ``(II) Board Certified Behavior Analyst on staff; ``(III) special educator with training in autism spectrum disorders on staff; ``(IV) rehabilitation professional with training in autism spectrum disorders on staff; or ``(V) master's level professional with training in autism spectrum disorders on staff. ``(B) Secretary's determination.--Notwithstanding subparagraph (A), the Secretary may determine who qualifies as an eligible entity under this section. ``(b) Application for a Grant.-- ``(1) In general.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner and form, and containing such information, agreements, and assurances as the Secretary determines to be necessary to carry out this section. ``(2) Outreach services.--An application submitted under paragraph (1) shall contain an assurance that the applicant will provide ongoing outreach activities while receiving a grant under this section, in a manner that is culturally competent for the population served, to inform the public and the specific community that the autism navigator is serving, of the services under the grant. ``(c) Development of Autism Navigator Program.-- ``(1) Autism navigators.-- ``(A) In general.--The Secretary shall determine the functions of autism navigators under this section. ``(B) Types of functions.--The functions of an autism navigator under this section may include-- ``(i) with respect to an individual with an autism spectrum disorder and such individual's family-- ``(I) coordinating and scheduling appointments and referrals, community outreach, assistance with transportation, housing or education arrangements, and assistance with insurance issues and other barriers to care; ``(II) case management and psychosocial assessment and care or information and referral to such services; ``(III) contact and care coordination of health care, including psychosocial assessment and care, and other community services, provider referrals, financial support and service coordination, including transportation, housing, and education; ``(IV) determining coverage under health insurance and health plans for all services; ``(V) aiding with health insurance coverage issues; and ``(VI) ensuring the initiation, continuation, or sustained access to care prescribed by the individual's health care providers; ``(ii) facilitating partnerships within the healthcare and advocacy community to assist outreach to the underserved autism community; ``(iii) notifying individuals and their families as to autism clinical trials and, on request, facilitating enrollment of eligible individuals; ``(iv) anticipating, identifying, and helping individuals with an autism spectrum disorder overcome barriers in accessing and securing appropriate services in a timely manner; ``(v) coordinating with State departments responsible for human services, education, health and senior services, housing, community affairs, and labor in providing services to individuals with an autism spectrum disorder and their families; ``(vi) identifying caregiver supports for those caring for individuals with an autism spectrum disorder, including mentoring, support groups, community resources, and legal consultation; ``(vii) identifying, mentoring, and supporting culturally sensitive caregivers of individuals with an autism spectrum disorder; and ``(viii) serving as a reliable, expert resource for advice, support, and direction to access early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), health insurance (public or private), housing programs, financial security programs, Medicare services under title XVIII of the Social Security Act, and Medicaid services under title XIX of the Social Security Act. ``(2) Development of program.-- ``(A) In general.--An eligible entity that receives a grant under this section shall develop an autism navigator program that will recruit, employ, train, assign, and supervise autism navigators. ``(B) Duration of grants.--A grant provided under this section shall be-- ``(i) for a period of not more than 5 years; and ``(ii) subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved. ``(C) No limitation on number of grants.--Nothing in this paragraph shall be construed to limit the number of grants that may be made to an eligible entity. ``(3) Outreach.--An autism navigator program developed under paragraph (2) shall reach out to appropriate doctor's offices and treatment centers to encourage such doctors and centers to refer individuals with an autism spectrum disorder to such program, which will offer autism navigation services described in this subsection. ``(4) Training and preparation.--An autism navigator program developed under paragraph (2) shall train and prepare autism navigators as follows: ``(A) Autism navigators shall have direct knowledge of the communities they serve and provide services to such communities in a culturally competent manner. ``(B) Autism navigators shall be informed about health insurance systems and other community services, and be able to aid individuals in resolving access issues. ``(C) Autism navigators shall have direct knowledge of the unique needs of individuals with an autism spectrum disorder and the current evidence-based practices that are available to such individuals through Federal programs and in the State. ``(5) Managing care.--An autism navigator program developed under paragraph (2) shall assign autism navigators, in accordance with applicable criteria of the Secretary, for-- ``(A) managing the care of individuals with an autism spectrum disorder; and ``(B) assisting such individuals and families with navigating the life service continuum. ``(6) Centralized access.--An autism navigator program developed under paragraph (2) shall provide centralized access for individuals with an autism spectrum disorder to multiple Federal and State activities and programs related to autism spectrum disorders, including such activities and programs carried out by-- ``(A) the Administration for Children and Families; ``(B) the Centers for Disease Control and Prevention; ``(C) the Centers for Medicare & Medicaid Services; ``(D) the Collaborative Programs of Excellence in Autism; ``(E) the Department of Health and Human Services; ``(F) the Health Resources and Services Administration; ``(G) the Interagency Autism Coordinating Committee; ``(H) the National Institutes of Health; ``(I) the National Institute of Mental Health; ``(J) the Studies to Advance Autism Research and Treatment; ``(K) the Department of Housing and Urban Development; ``(L) the Department of Education; and ``(M) the Department of Labor. ``(7) Data collection and report.-- ``(A) In general.--Each recipient of a grant under this section shall-- ``(i) collect specific autism data that records navigation services provided to each individual served by the autism navigator program; and ``(ii) establish and implement procedures and protocols, consistent with applicable Federal and State laws, to ensure the confidentiality of all information shared by a participant in the program, the participant's personal representative, and the participant's health care providers, group health plans, or health insurance insurers. ``(B) Disclosure of information.--A recipient of a grant under this section may, consistent with applicable Federal and State confidentiality laws, collect, use, or disclose aggregate information that is not individually identifiable. ``(C) Report.--Each recipient of a grant under this section shall submit an annual report to the Secretary that-- ``(i) summarizes and analyzes the data collected under subparagraph (A)(i); and ``(ii) provides information on needs for navigation services, types of access difficulties resolved, sources of repeated resolution, and flaws in the system of access, including insurance barriers. ``(d) Evaluations.--The Secretary shall provide, directly or through grants or contracts, for evaluations to determine the effects of the services of autism navigators. ``(e) Coordination With Other Programs.--The Secretary shall coordinate the demonstration grant program authorized under this section with programs authorized under the Children's Health Act of 2000 (Public Law 106-310), the Combating Autism Act of 2006 (Public Law 109-416), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Medicaid home- and community-based service waivers program under section 1915(c) of the Social Security Act, title XIX of the Social Security Act, and other appropriate programs. ``(f) Rule of Construction.--Nothing in this section shall be construed to require payment for navigation services or to require payment for other services in cases where such other services are provided free of charge.''. TITLE II--AUTISM AWARENESS SEC. 201. TRAINING OF FIRST RESPONDERS IN THE RECOGNITION OF AUTISM. (a) Development of Curriculum.--The Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other appropriate Federal agencies, shall develop, demonstrate, and disseminate a standard curriculum for the training of first responders in assisting individuals (and their families) with autism and other cognitive behavioral disabilities during potential and actual emergencies. (b) Training Grants.--The Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other appropriate Federal agencies, shall award grants to States and local governments to train first responders (including the police, fire departments, emergency medical technicians, and other paid or volunteer first responders) in providing assistance to individuals with autism and other cognitive impairments in potential and actual emergency situations. (c) Requirement.--Training carried out under this section shall inform first responders of the risks associated with autism and other cognitive behavioral disabilities, as well as provide instruction in appropriate autism recognition and response techniques. TITLE III--HOME OF THEIR OWN SEC. 301. HOME OF THEIR OWN. (a) Task Force.--Not later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall convene a task force comprised of appropriate national and State autism advocacy groups, recipients of funds from the Department of Housing and Urban Development for housing for adults with an autism spectrum disorder, and community-based organizations that serve adults with an autism spectrum disorder. (b) Establishment of Grant Program.--The task force described in subsection (a) shall establish a housing demonstration grant program to award grants to entities (including States, localities, public and private partnerships, and community nonprofit and for-profit organizations) to enable such entities to provide a housing program for adults with an autism spectrum disorder, with the goal of providing individualized housing and services to such adults. | Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2008 or the Helping HANDS for Autism Act of 2008 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS Secretary), in coordination with the Secretary of Housing and Urban Development (HUD Secretary) and the Secretary of Education, to establish a demonstration program to award grants to eligible entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder. Requires: (1) an eligible entity that receives a grant to develop an autism navigator program that will recruit, employ, train, assign, and supervise autism navigators; and (2) the HHS Secretary to provide for evaluations to determine the effects of navigator services. Directs the HHS Secretary, in coordination with the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop, demonstrate, and disseminate a standard curriculum for training first responders in assisting individuals with autism and other cognitive behavioral disabilities and their families during emergencies; and (2) award grants to states and local governments to train first responders in providing assistance to such individuals in emergency situations. Requires the HUD Secretary to convene a task force to establish a housing demonstration grant program to award grants to entities to provide a program aimed at providing individualized housing and services to adults with an autism spectrum disorder. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Pension Fairness Act of 2015''. SEC. 2. REPEAL OF FERS REVISED AND FURTHER REVISED ANNUITANT CATEGORIES. (a) Repeal of Annuity Computation.--Section 8415 of title 5, United States Code, is amended by striking subsection (d). (b) Repeal of Annuitant Categories.--Section 8422(a)(3) of title 5, United States Code, is amended-- (1) by striking ``other than revised annuity employees or further revised annuity employees''; and (2) by striking subparagraphs (B) and (C). (c) Repeal of Government Contributions.--Section 8423(a) of title 5, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account.''. (d) Conforming Amendments.--Section 8401 of title 5, United States Code, is amended-- (1) in paragraph (35)(B), by striking the semi-colon at the end and inserting ``; and''; (2) in paragraph (36), by striking ``; and'' at the end and inserting a period; and (3) by striking paragraphs (37) and (38). (e) Application.-- (1) In general.--The amendments made by this section shall apply on the first day of the first pay period beginning after the date of enactment of this Act. (2) Treatment of former revised or further revised annuitants.--Any individual who, as of the date of enactment of this Act, was a revised annuity employee or a further revised annuity employee (but for the amendments made by this section) shall be deemed to be an employee or Member (as those terms are defined in section 8401 of title 5, United States Code) for purposes of chapter 84 of such title. SEC. 3. REPEAL OF FOREIGN SERVICE REVISED OR FURTHER REVISED ANNUITY PARTICIPANT CATEGORIES. (a) Repeal of Annuitant Categories.--Section 856(a) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)) is amended by striking paragraph (2) and inserting the following: ``(2) The applicable percentage for a participant other than a revised annuity participant or a further revised annuity participant shall be as follows: ``7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 2000, to December 31, 2000. 7.55 After January 11, 2003.''. (b) Government Contribution.--Section 857 of the Foreign Service Act of 1980 (22 U.S.C. 4071f) is amended by striking subsection (c). (c) Conforming Amendments.--Section 852 of such Act is amended (22 U.S.C. 4071a)-- (1) by striking paragraphs (7) and (8); and (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (7), (8), and (9), respectively. (d) Application.-- (1) In general.--The amendments made by this section shall apply on the first day of the first pay period beginning after the date of enactment of this Act. (2) Treatment of former revised or further revised annuitants.--Any individual who, as of the date of enactment of this Act, was a revised annuity participant or a further revised annuity participant (but for the amendments made by this section) shall be deemed to be a participant (as that term is defined in section 852 of the Foreign Service Act of 1980 (22 U.S.C. 4071a)) for purposes of the Foreign Service pension system. SEC. 4. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section. SEC. 5. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after May 8, 2014, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, either-- ``(i) more than 50 percent of the stock (by vote or value) of the entity is held-- ``(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or ``(ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. ``(4) Management and control.--For purposes of paragraph (2)(B)(ii)-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. ``(B) Executive officers and senior management.-- Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. ``(5) Significant domestic business activities.--For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of-- ``(A) the employees of the group are based in the United States, ``(B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, ``(C) the assets of the group are located in the United States, or ``(D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to `foreign country' and `relevant foreign country' as references to `the United States'. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. | Federal Employee Pension Fairness Act of 2015 Repeals provisions requiring federal employees, including foreign service employees, who began service after 2012 to pay an increased contribution (4.4%) for funding their annuities under the Federal Employees Retirement System. Amends the Internal Revenue Code to: (1) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for U.S. tax purposes; and (2) revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with lower income tax rates than the United States). |
SECTION 1. EXEMPTION OF NATIONAL SECURITY AGENCIES FROM SEQUESTRATION. (a) In General.--Section 255(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(f)) is amended to read as follows: ``(f) Exemption of National Security Agencies.--The programs, budget accounts, and activities of the following departments, agencies, and elements shall be exempt from reduction under any order issued under this part: ``(1) The Department of Defense. ``(2) Each element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). ``(3) The Department of State. ``(4) The Federal Bureau of Investigation. ``(5) The Department of Homeland Security. ``(6) The National Nuclear Security Administration.''. (b) Implementation of Enforcement.--Section 251(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(2)) is amended-- (1) by striking ``Each non-exempt account'' and inserting the following: ``(A) In general.--Subject to subparagraph (B), each non-exempt account''; and (2) by adding at the end the following: ``(B) Implementation with respect to national security agencies.-- ``(i) In general.--The Office of Management and Budget shall determine the uniform percentage necessary to eliminate a breach within a category without regard to section 255(f). ``(ii) Rule of construction.--Nothing in clause (i) or section 255(f) shall be construed to require the elimination of any portion of a breach that is not eliminated by operation of clause (i) and section 255(f).''. (c) Technical and Conforming Amendments.--The Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended-- (1) in section 251 (2 U.S.C. 901)-- (A) in subsection (a)-- (i) by striking paragraph (3); (ii) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively; (iii) in paragraph (3), as so redesignated, by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''; and (iv) in paragraph (5), as so redesignated, by striking ``paragraphs (2) through (4)'' and inserting ``paragraphs (2) and (3)''; and (B) in subsection (b)(2), by striking ``section 254(e), (f), or (g)'' and inserting ``subsection (d), (e), or (f) of section 254''; (2) in section 254 (2 U.S.C. 904(a))-- (A) in the table in subsection (a), by striking the item relating to notification regarding military personnel; (B) by striking subsection (d); (C) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; and (D) in subsection (f), as so redesignated-- (i) by striking ``paragraph (f)(2)'' and inserting ``subsection (e)(2)''; and (ii) by striking ``paragraphs (f)(2) and (f)(4)'' and inserting ``paragraphs (2) and (4) of subsection (e)''; (3) in section 256 (2 U.S.C. 906), by striking subsection (g) and inserting the following: ``(g) Federal Pay.-- ``(1) In general.--For purposes of any order issued under section 254, Federal pay under a statutory pay system shall be subject to reduction under an order in the same manner as other administrative expense components of the Federal budget; except that no such order may reduce or have the effect of reducing the rate of pay to which any individual is entitled under any such statutory pay system (as increased by any amount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990) or any increase in rates of pay which is scheduled to take effect under section 5303 of title 5, United States Code, or any other provision of law. ``(2) Definition.--For purposes of this subsection, the term `statutory pay system' shall have the meaning given that term in section 5302(1) of title 5, United States Code.''; and (4) in section 258(a)(1)-- (A) by striking ``section 254(i)'' and inserting ``section 254(h)''; and (B) by striking ``section 254(j)'' and inserting ``section 254(i)''. (d) Applicability.--The amendments made by this section shall apply with respect to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) for fiscal year 2017 or any fiscal year thereafter. | This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt national security agencies from sequestration, which is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. The exemption applies to the Department of Defense, each element of the intelligence community, the Department of State, the Federal Bureau of Investigation, the Department of Homeland Security, and the National Nuclear Security Administration. |
SECTION 1. 2-YEAR EXTENSION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) Extension.--Section 162(l)(6) of the Internal Revenue Code of 1986 is amended by striking ``1993'' and inserting ``1995''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS. (a) In General.-- (1) Cigars.--Subsection (a) of section 5701 of the Internal Revenue Code of 1986 (relating to rate of tax on cigars) is amended-- (A) by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 and 1992)'' in paragraph (1) and inserting ``$1.359 per thousand''; and (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Large cigars.--On cigars weighing more than 3 pounds per thousand, a tax equal to 15.41 percent of the price for which sold but not more than $36.25 per thousand.'' (2) Cigarettes.--Subsection (b) of section 5701 of such Code (relating to rate of tax on cigarettes) is amended-- (A) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 and 1992)'' in paragraph (1) and inserting ``$14.50 per thousand''; and (B) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 and 1992)'' in paragraph (2) and inserting ``$30.45 per thousand''. (3) Cigarette papers.--Subsection (c) of section 5701 of such Code (relating to rate of tax on cigarette papers) is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``0.91 cent''. (4) Cigarette tubes.--Subsection (d) of section 5701 of such Code (relating to rate of tax on cigarette tubes) is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``1.81 cents''. (5) Snuff.--Paragraph (1) of section 5701(e) of such Code (relating to rate of tax on smokeless tobacco) is amended by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' and inserting ``43.50 cents''. (6) Chewing tobacco.--Paragraph (2) of section 5701(e) of such Code is amended by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' and inserting ``14.5 cents''. (7) Pipe tobacco.--Subsection (f) of section 5701 of such Code (relating to rate of tax on pipe tobacco) is amended by striking ``67.5 cents (56.25 cents on chewing tobacco removed during 1991 or 1992)'' and inserting ``81.6 cents''. (b) Floor Stocks.-- (1) Imposition of tax.--On cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco manufactured in or imported into the United States which is removed before January 1, 1995, and held on such date for sale by any person, there shall be imposed the following taxes: (A) Small cigars.--On cigars, weighing not more than 3 pounds per thousand, 23.4 cents per thousand. (B) Large cigars.--On cigars, weighing more than 3 pounds per thousand, a tax equal to 2.66 percent of the price for which sold, but not more than $6.25 per thousand. (C) Small cigarettes.--On cigarettes, weighing not more than 3 pounds per thousand, $2.50 per thousand. (D) Large cigarettes.--On cigarettes, weighing more than 3 pounds per thousand, $5.25 per thousand; except that, if more than 6\1/2\ inches in length, they shall be taxable at the rate prescribed for cigarettes weighing not more than 3 pounds per thousand, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette. (E) Cigarette papers.--On cigarette papers, 0.16 cent for each 50 papers or fractional part thereof; except that, if cigarette papers measure more than 6\1/ 2\ inches in length, they shall be taxable at the rate prescribed, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette paper. (F) Cigarette tubes.--On cigarette tubes, 0.31 cent for each 50 tubes or fractional part thereof; except that, if cigarette tubes measure more than 6\1/2\ inches in length, they shall be taxable at the rate prescribed, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette tube. (G) Snuff.--On snuff, 7.5 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound. (H) Chewing tobacco.--On chewing tobacco, 2.5 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound. (I) Pipe tobacco.--On pipe tobacco, 14.1 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco on January 1, 1995, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be treated as a tax imposed under section 5701 of the Internal Revenue Code of 1986 and shall be due and payable on February 15, 1995, in the same manner as the tax imposed under such section is payable with respect to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco removed on January 1, 1995. (3) Cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco.--For purposes of this subsection, the terms ``cigar'', ``cigarette'', ``cigarette paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'', and ``pipe tobacco'' shall have the meaning given to such terms by subsections (a), (b), (e), and (g), paragraphs (2) and (3) of subsection (n), and subsection (o) of section 5702 of the Internal Revenue Code of 1986, respectively. (4) Exception for retail stocks.--The taxes imposed by paragraph (1) shall not apply to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco in retail stocks held on January 1, 1995, at the place where intended to be sold at retail. (5) Foreign trade zones.--Notwithstanding the Act of June 18, 1934 (19 U.S.C. 81a et seq.) or any other provision of law-- (A) cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco-- (i) on which taxes imposed by Federal law are determined, or customs duties are liquidated, by a customs officer pursuant to a request made under the first proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before January 1, 1995, and (ii) which are entered into the customs territory of the United States on or after January 1, 1995, from a foreign trade zone, and (B) cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco which-- (i) are placed under the supervision of a customs officer pursuant to the provisions of the second proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before January 1, 1995, and (ii) are entered into the customs territory of the United States on or after January 1, 1995, from a foreign trade zone, shall be subject to the tax imposed by paragraph (1) and such cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco shall, for purposes of paragraph (1), be treated as being held on January 1, 1995, for sale. (c) Effective Date.--The amendments made by this section shall apply with respect to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco removed after December 31, 1994. | Amends the Internal Revenue Code to extend the deduction for health insurance costs of self-employed individuals until December 31, 1995. Increases the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1995. Imposes such tax on such products entered into the United States from foreign trade zones before such date. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2014''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to over 20 percent of GDP in 2014. (B) Total Federal debt exceeds $17,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $27,000,000,000,000 by 2024. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Due to recent tax hikes, Federal revenues are scheduled to rise to approximately 18 percent of GDP, inline with the average of about 18 percent of GDP over the past 40 years. (4) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after section 253 the following: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``(a) Outlay Caps.--In this section, the term `outlay cap' means: ``(1) Fiscal year 2015.--For fiscal year 2015, the aggregate outlays (less net interest payments) shall be $3,774,000,000,000, less one percent. ``(2) Fiscal year 2016.--For fiscal year 2016, the aggregate outlays (less net interest payments) shall be the amount computed under paragraph (1), less one percent. ``(3) Fiscal year 2017.--For fiscal year 2017, the aggregate outlays (less net interest payments) shall be the amount computed under paragraph (2), less one percent. ``(4) Fiscal year 2018 and subsequent fiscal years.-- ``(A) In general.--For fiscal year 2018 and each fiscal year thereafter, the aggregate outlays shall be 18 percent of the gross domestic product for that fiscal year, as estimated by the Office of Management and Budget prior to March of the previous fiscal year. ``(B) Limitation.--Notwithstanding subparagraph (A), for any fiscal year beginning with fiscal year 2019, the aggregate projected outlays may not be less than the aggregate projected outlays for the preceding fiscal year. ``(b) Sequestration.-- ``(1) In general.-- ``(A) Excess spending.--Not later than 45 calendar days after the beginning of a fiscal year, the Office of Management and Budget shall prepare and the President shall order a sequestration to eliminate any excess outlay amount. ``(B) Definitions.-- ``(i) Fiscal years 2015 through 2017.--For each of fiscal years 2015 through 2017 and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays (less net interest payments) for a fiscal year exceeds the outlay cap for that fiscal year. ``(ii) Fiscal year 2018 and subsequent fiscal years.--For fiscal year 2018 and each fiscal year thereafter and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays for a fiscal year exceeds the outlay cap for that fiscal year. ``(2) Sequestration.-- ``(A) CBO preview report.--On August 15 of each year, the Congressional Budget Office shall issue a sequestration preview report as described in section 254(c)(4). ``(B) OMB preview report.--On August 20 of each year, the Office of Management and Budget shall issue a sequestration preview report as described in section 254(c)(4). ``(C) Final report.--On October 31 of each year, the Office of Management and Budget shall issue its final sequestration report as described in section 254(f)(3). It shall be accompanied by a Presidential order detailing uniform spending reductions equal to the excess outlay amount as defined in this section. ``(D) Process.--The reductions shall generally follow the process set forth in sections 253 and 254, except as provided in this section. ``(3) Congressional action.--If the August 20 report by the Office of Management and Budget projects a sequestration, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives may report a resolution directing committees of their House to change the existing law to achieve the spending reductions outlined in the August 20 report necessary to meet the outlay limits. ``(c) No Exempt Programs.--Section 255 and section 256 shall not apply to this section or any sequestration order issued under this section, except that payments for net interest (budget function 900) shall be exempt from the spending reductions under sequestration. ``(d) Look Back.--If, after November 14, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlay amount for the next fiscal year shall be increased by the amount or amounts of that breach.''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(c)(4)) is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2015 through 2017, the aggregate projected outlays (less net interest payments), less one percent. ``(ii) For budget year 2018 and each subsequent budget year, the estimated gross domestic product (GDP) for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(f)(3)) is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The reports shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, amendment between the Houses, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply to fiscal year 2015 and each fiscal year thereafter, including any reports and calculations required for implementation in fiscal year 2015. | One Percent Spending Reduction Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish and enforce new spending caps. Establishes the aggregate outlay cap (less net interest payments) for FY2015 at $3.774 trillion, less 1%. Reduces the outlay cap for FY2016-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and subsequent fiscal years to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits outlays from being less than those for the preceding fiscal year for any fiscal year beginning with FY2019. Requires OMB to enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. Eliminates most exemptions from sequestration. Permits the budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions necessary to meet the outlay limits if a sequestration is projected. Amends the Congressional Budget Act of 1974 to create procedures for the House and Senate to enforce the outlay caps established in this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy from Agricultural Products (REAP) Act''. SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM BIOMASS. (a) Extension and Modification of Placed-In-Service Rules.-- Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Closed-loop biomass facility.--In the case of a facility using closed-loop biomass to produce electricity, the term `qualified facility' means any facility-- ``(i) owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2007, or ``(ii) owned by the taxpayer which is originally placed in service on or before December 31, 1992, and modified to use closed- loop biomass to co-fire with coal before January 1, 2007.'', (2) by striking ``2002'' in subparagraph (C) and inserting ``2007'', and (3) by adding at the end the following new subparagraphs: ``(D) Biomass facilities.--In the case of a facility using biomass (other than closed-loop biomass) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before January 1, 2007. ``(E) Special rules.--In the case of a qualified facility described in subparagraph (B)(ii) or (D)-- ``(i) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this subparagraph, ``(ii) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997, and ``(iii) if such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.''. (b) Biomass Facilities.-- (1) In general.--Section 45(c)(1) of such Act (defining qualified energy resources) is amended-- (A) by striking ``and'' at the end of subparagraph (B), (B) by striking the period at the end of subparagraph (C) and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(D) biomass (other than closed-loop biomass).''. (2) Biomass defined.--Section 45(c) of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(5) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from-- ``(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber, ``(B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled, or ``(C) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues.''. (c) Effective Date.--The amendments made by this section shall apply to electricity sold after the date of the enactment of this Act. SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM AGRICULTURAL AND ANIMAL WASTE. (a) In General.--Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986, as amended by section 2, is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) agricultural and animal waste.''. (b) Agricultural and Animal Waste.--Section 45(c) of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(6) Agricultural and animal waste.--The term `agricultural and animal waste' means all waste heat, steam, and fuels produced from the conversion of agricultural and animal wastes, including byproducts, packaging, and any materials associated with the processing, feeding, selling, transporting, and disposal of agricultural and animal products or wastes, including wood shavings, straw, rice hulls, and other bedding for the disposition of manure.''. (c) Agricultural and Animal Waste Facilities.--Paragraph (3) of section 45(c) of such Code is amended by adding at the end the following new subparagraph: ``(F) Agricultural and animal waste facilities.--In the case of a facility using agricultural and animal waste to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2005.''. (d) Effective Date.--The amendments made by this section shall apply to electricity sold after the date of the enactment of this Act. SEC. 4. REDUCTION OF MOTOR FUEL EXCISE TAX ON BIODIESEL MIXTURES. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Biodiesel Mixtures.--Under regulations prescribed by the Secretary-- ``(1) In general.--The rate of tax under subsection (a) shall be 3 cents per gallon less than the otherwise applicable rate in the case of the removal or entry of a qualified biodiesel mixture. ``(2) Tax prior to mixing.--In the case of the removal or entry of diesel fuel for use in producing at the time of such removal or entry a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the 3.06 cents per gallon less than the otherwise applicable rate. ``(3) Qualified biodiesel mixture.--For purposes of this subsection, the term `qualified biodiesel mixture' means any mixture of diesel fuel and biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992) if at least 2 percent of such mixture is biodiesel (as so defined). ``(5) Certain rules to apply.--Rules similar to the rules of paragraphs (6) and (7) of subsection (c) shall apply for purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 4041 of such Code is amended by adding at the end the following new subsection: ``(n) Biodiesel Mixtures.--Under regulations prescribed by the Secretary, in the case of the sale or use of a qualified biodiesel mixture (as defined in section 4081(f)), the rates under paragraphs (1) and (2) of subsection (a) shall be 3 cents per gallon less than the otherwise applicable rates.''. (2) Section 6427 of such Code is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at a rate not determined under section 4081(f) is used by any person in producing a qualified biodiesel mixture (as defined in section 4081(f)) which is sold or used in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to 3.06 cents per gallon with respect to such fuel.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2002. (d) Highway Trust Fund Held Harmless.--There are hereby transferred (from time to time) from the funds of the Commodity Credit Corporation amounts equivalent to the reductions that would occur (but for this subsection) in the receipts of the Highway Trust Fund by reason of the amendments made by this section. SEC. 5. HARVESTING OF SWITCH GRASS ON CONSERVATION RESERVE ACREAGE FOR USE IN ENERGY PRODUCTION. Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(7)(A)) is amended-- (1) by striking ``and'' at the end of clause (i); and (2) by inserting after clause (ii) the following new clause: ``(iii) harvesting of switch grass on such land when the purpose of the harvesting is to provide biomass for energy production, and such commercial use of the harvested grass shall be permitted without reduction in rental payments under the contact; and''. SEC. 6. USE OF BIODIESEL FUEL IN FEDERAL VEHICLES. Federal agencies shall use biodiesel fuel to operate any Federal vehicle that uses diesel fuel, unless the cost of doing so is prohibitive. | Renewable Energy from Agricultural Products (REAP) Act - Amends the Internal Revenue Code respecting the credit for electricity produced from certain renewable resources to: (1) extend the credit; (2) expand the scope of qualifying closed-loop facilities; (3) make qualifying biomass (other than closed-loop biomass) and biomass facilities eligible for the credit; and (4) include electricity produced from agricultural and animal waste within the credit.Establishes a reduced excise tax rate for qualified biodiesel mixtures.Amends the Food Security Act of 1985 to permit harvesting of switch grass on conservation reserve acreage for energy production purposes.Requires Federal diesel vehicles to use biodiesel fuel unless cost-prohibitive. |
SECTION 1. DESIGNATION OF SALT POND VISITOR CENTER AT THE CAPE COD NATIONAL SEASHORE. (a) Findings.--Congress finds that-- (1) Thomas Phillip (``Tip'') O'Neill, Jr. was born on December 9, 1912, in a middle-class Irish neighborhood of North Cambridge, Massachusetts, to Thomas Phillip O'Neill, Sr. and Rose Ann O'Neill; (2) nicknamed ``Tip'' during his childhood, Tip O'Neill was educated in Roman Catholic schools, graduating from St. John's High School in 1931, where he was captain of the basketball team; (3) Tip O'Neill attended Boston College, where he ran for a Cambridge City Council seat during his senior year, his first attempt at running for office and only electoral defeat; (4) following his graduation from Boston College in 1936, Tip O'Neill was elected to the Massachusetts House of Representatives that same year as a New Deal Democrat whose political philosophy was shaped by his experience growing up in working-class Boston and his strong Catholic faith, which led him to view government as a means for helping the disadvantaged in society; (5) in 1949, Tip O'Neill became the first Democratic Speaker in the history of the Massachusetts State Legislature, serving as Speaker until 1952, when he ran successfully for the United States House of Representatives to fill the seat vacated by Senator-elect John F. Kennedy; (6) in 1958, inspired by the establishment of the Cape Hatteras National Seashore, a seashore park in the State of North Carolina, Representative Tip O'Neill, along with his close friend and colleague Representative Edward Boland, introduced legislation to protect land on Cape Cod as a national seashore; (7) in describing the area on Cape Cod referred to in paragraph (6), Henry David Thoreau wrote that ``[a] man may stand there and put all America behind him'', as the pristine sandy beach, marshes, ponds, and uplands supporting diverse species represent a unique, cherished jewel of nature; (8) the legislation referred to in paragraph (6) established a 40-mile National Park along the outer beach of Cape Cod, from the city of Chatham through the cities of Orleans, Eastham, Wellfleet, Truro, and Provincetown, including lighthouses, cultural landscapes, and wild cranberry bogs that offer a glimpse of the past and continuing ways of life of Cape Cod; (9) after introducing the legislation referred to in paragraph (6) in the 85th Congress, Tip O'Neill continued to advocate strongly for the establishment of the Cape Cod National Seashore, cosponsoring bills in the 86th and 87th Congresses, testifying at hearings, and working to advance the legislation through Congress; (10) the legislation to establish the Cape Cod National Seashore was intended to preserve one of the great natural marvels of the United States, including the unbroken beach and moors, marshes, forests, and freshwater ponds that are home to many species of birds, fish, animals, and plants; (11) on August 7, 1961, President Kennedy signed into law Public Law 87-126, which authorized the establishment the Cape Cod National Seashore; (12) in 1966, the Cape Cod National Seashore was formally established, and Representative O'Neill attended the May 30, 1966, ceremony inaugurating the Salt Pond Visitor Center; (13) the Cape Cod National Seashore has become a national treasure, with millions of Americans and visitors from around the world enjoying the beauty and remarkable biodiversity of the Cape Cod National Seashore; (14) Tip O'Neill and his family maintained a home on Cape Cod in Harwich Port, and he was a frequent visitor to the National Seashore throughout his service in Congress and his retirement; (15) while a Member of Congress, Tip O'Neill rose quickly through the leadership ranks due to his extraordinary political skills, mastery of the legislative process, and sharp wit, serving first as Majority Whip in the House of Representatives beginning in 1971 and then, in 1973, as House Majority Leader; (16) one of Tip O'Neill's greatest accomplishments as Speaker was the crafting of a peace accord between warring factions in Northern Ireland, during which he worked with fellow Irish-American politicians, including Senator Edward M. Kennedy, to develop the ``St. Patrick's Day declaration'', which denounced violence in Northern Ireland and culminated with the Irish aid package on the signing of the Anglo-Irish Agreement in 1985; (17) on January 3, 1987, Tip O'Neill retired from Congress, having served in public life for 50 years, including 34 years as a Member of Congress and 10 years as Speaker of the House, the longest continuous term of any Speaker since the first Congress met in 1789; (18) Tip O'Neill's extraordinary record of public service to the United States and tremendous accomplishments and unmatched attention to the needs of his constituents led President George H.W. Bush in 1991 to present Tip O'Neill with the Presidential Medal of Freedom, the highest civilian award in the United States; and (19) it is fitting to recognize the support of Tip O'Neill for the protection of the natural, historic, and cultural resources of the National Parks of the State of Massachusetts. (b) Designation.--The Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, is designated as the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''. (c) References.--Any reference to the Salt Pond Visitor Center at Cape Cod National Seashore in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''. (d) Signage.--The Secretary of the Interior may post an interpretive sign at the visitor center described in this section that-- (1) includes information on Thomas P. O'Neill, Jr. and his contributions as a Member of the United States House of Representatives; (2) includes an image of Thomas P. O'Neill, Jr.; and (3) refers to the efforts of Thomas P. O'Neill, Jr. to aid in the preservation of the Cape Cod National Seashore and other National Parks in the State of Massachusetts. | Designates the Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, as the "Thomas P. O'Neill, Jr. Salt Pond Visitor Center". |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Security Enhancement Investment Act of 2001''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF QUALIFYING SECURITY ENHANCEMENT PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY ENHANCEMENT PROPERTY. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security enhancement property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security enhancement property.--The term `qualifying security enhancement property' means security enhancement property-- ``(A) to which section 168 applies, ``(B) which is acquired by purchase (as defined in section 179(d)(2)), and ``(C) which is installed or placed in service in or outside of a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security enhancement property.-- ``(A) In general.--The term `security enhancement property' means property which is specifically and primarily designed when installed in or outside of a building-- ``(i) to detect or prevent the unlawful access by individuals into the building or onto its grounds, ``(ii) to detect or prevent the unlawful bringing into the building or onto its grounds of weapons, explosives, hazardous materials, or other property capable of harming the occupants of the building or damaging the building, or ``(iii) to protect occupants of the building or the building from the effects of property described in clause (ii). ``(B) Certain property included.--The term `security enhancement property' includes-- ``(i) any security device, or ``(ii) any barrier to access to the building grounds. ``(3) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) Components, wiring, system displays, terminals, auxiliary power supplies, and other equipment necessary or incidental to the operation of any item described in subparagraph (A), (B), (C), (D), (E), or (F). ``(4) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Only incremental cost included.--If qualifying security enhancement property has a use or function other than that described in subsection (b)(2), only the incremental cost of the use or function so described shall be taken into account. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4) of section 179(b), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.'' (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.'' (2) Section 312(k)(3)(B) of such Code is amended-- (A) by striking ``or 179A'' and inserting ``, 179A, or 179B'', and (B) by striking ``or 179a'' in the heading and inserting ``, 179a, or 179b''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(c)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security enhancement property.'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service after September 10, 2001, in taxable years ending after September 10, 2001. | American Security Enhancement Investment Act of 2001 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security enhancement property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom For Consumer Choice Act''. SEC. 2. DEFINITIONS. (a) In General.--In this Act, the following definitions shall apply: (1) Antitrust laws.--The term ``antitrust laws'' includes-- (A) the Act entitled ``An Act to protect trade and commerce against unlawful restraints and monopolies'', approved July 2, 1890; (B) sections 73 through 76 of an Act entitled ``An Act to reduce taxation, to provide revenue for the Government, and for other purposes'', approved August 27, 1894; (C) the Act entitled ``An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled An Act to reduce taxation, to provide revenue for the Government, and for other purposes'', approved February 12, 1913; and (D) the Act entitled ``An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes'', approved October 15, 1914. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Electronic communications network.--The term ``electronic communications network'' means-- (A) a transmission system; and (B) where applicable, switching or routing equipment and other facilities which permit the conveyance of signals by wire, radio, optical, or other electromagnetic means, over satellite, cable, or other facilities, whether fixed or mobile, to the extent that such facilities are used for the purpose of transmitting signals, irrespective of the type of information conveyed. (4) Electronic communications service.--The term ``electronic communications service'' means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks. (5) Unfair methods of competition.-- (A) In general.--The term ``unfair methods of competition'' means-- (i) practices that present a threat of abuse of significant and nontransitory market power as determined by the Commission consistent with the application of jurisprudential principles grounded in market- oriented competition analysis such as those commonly employed by the Federal Trade Commission and the United States Department of Justice in enforcing the Federal Trade Commission Act (15 U.S.C. 41 et seq.) and the antitrust laws of the United States; and (ii) with respect to interconnection, practices that pose a substantial and nontransitory risk to consumer welfare by materially and substantially impeding the interconnection of public communications facilities and services in circumstances in which the Commission determines that marketplace competition is not sufficient to adequately protect consumer welfare. (B) Interconnection determination.--In making any determination under subparagraph (A)(ii), the Commission shall consider whether requiring interconnection will adversely affect investment in facilities and innovation in services. (b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this Act shall have the same meaning given to such terms under sections 3, 254, and 602 of the Communications Act of 1934 (47 U.S.C. 153, 254, and 522). SEC. 3. FINDINGS AND POLICY. (a) Findings.--Congress finds that-- (1) in 1996, Congress enacted and the President signed into law the Telecommunications Act of 1996, which was intended to provide a procompetitive, deregulatory framework designed to facilitate the continuing transition to a more competitive communications market; (2) since the enactment and implementation of the Telecommunications Act of 1996, rapid advances in technology and marketplace developments have further increased the existence of competition in all communications markets and the likelihood of the continuing existence and increasing intensity of competition; (3) competition in a dynamic communications marketplace is the most effective and efficient means for protecting consumers and enhancing the consumer welfare of all the people of the United States in terms of achieving the optimum mix of price, quality, and consumer choice; and (4) unnecessary regulation regarding protection of consumers and enhancement of consumer welfare deters-- (A) investment in new and advanced communications facilities; and (B) the development of new services and applications. (b) Policy.--It shall be the policy of the United States Government-- (1) to promote the widespread availability of communications services for all Americans in order to assure that the American people have access to a diversity of information sources necessary for democratic government; (2) to promote the integrity, reliability, and efficiency of communications facilities in a manner consistent with-- (A) the encouragement of investment in advanced communications networks; and (B) innovation in communications services and applications; (3) that economic regulation of communications markets should be presumed unnecessary absent circumstances that demonstrate the existence of a significant threat of abuse of market power that poses a substantial and nontransitory risk to consumer welfare; and (4) that in order to ensure that the actions of the Federal Communications Commission are consistent with the findings in subsection (a), and to effectuate the deregulatory policy declared in this subsection, the decisions of the Commission should be based on jurisprudential principles grounded in market-oriented competition analysis such as those commonly employed by the Federal Trade Commission and the Department of Justice in enforcing the Federal Trade Commission Act (15 U.S.C. 41 et seq.) and the antitrust laws of the United States. SEC. 4. PROHIBITION OF UNFAIR METHODS OF COMPETITION. (a) In General.--It shall be unlawful for any provider of electronic communications service, including any State, or any general purpose political subdivision of a State, to engage or participate, or to attempt to engage or participate, in-- (1) unfair methods of competition in or affecting electronic communications networks and electronic communications services; or (2) unfair or deceptive practices in or affecting electronic communications networks and electronic communications services. (b) Rulemaking Authority.-- (1) In general.--The Commission may, by rule, define with specificity, the acts or practices that shall constitute unfair methods of competition or unfair or deceptive acts or practices as described in subsection (a). (2) Content of rules.--Rules promulgated under paragraph (1) may include such requirements as the Commission determines necessary to prevent any methods, acts, or practices prohibited by this section. (3) Limitation.-- (A) In general.--Notwithstanding paragraph (1) and except as provided in subparagraph (B), the Commission shall have no authority to issue rules that declare unlawful an act or practice on the grounds that such act or practice is an unfair method of competition or unfair or deceptive act or practice. (B) Exception.--The Commission may declare an act or practice unlawful if the Commission determines, based on a showing of clear and convincing evidence presented in a rulemaking proceeding, that-- (i) marketplace competition is not sufficient to adequately protect consumer welfare; and (ii) such act or practice-- (I) causes or is likely to cause substantial injury to consumers; and (II) is not-- (aa) avoidable by consumers themselves; and (bb) outweighed by countervailing benefits to consumers or to competition. (4) Sunset of rules.--Any rule promulgated under paragraph (1) shall terminate on the day that is 5 years after the date on which such rule became effective unless the Commission, in a proceeding in which the public is afforded notice and an opportunity to comment, makes an affirmative determination, based on a showing of clear and convincing evidence presented in such proceeding, that the rule continues to be necessary because marketplace competition is not sufficient to adequately protect consumers from substantial injury which is not-- (A) avoidable by consumers themselves; and (B) outweighed by countervailing benefits to consumers or to competition. SEC. 5. ACTIONS FOR COMPLAINTS. The Commission shall have authority-- (1) to hear complaints from any party injured by a violation of the prohibitions established under section 4; and (2) to award damages to such injured party if the Commission determines that a violation of that section has occurred. SEC. 6. TIME LIMITS ON COMMISSION ACTION. (a) 120-Day Limit for Applications With Supporting Testimony.--If an application is filed with the Commission under this or any other Act, and such application is accompanied by supporting testimony from the applicant or a detailed summary of that testimony, together with exhibits, if any, the Commission shall issue a decision on such application not later than 120 days after the application is deemed complete (as the Commission shall, by rule, determine). (b) 210-Day Limit for Applications Without Supporting Testimony.-- If an application is filed with the Commission under this or any other Act, and such application is not accompanied by supporting testimony and exhibits, the Commission shall issue a decision on such application not later than 210 days after the application is deemed complete (as the Commission shall, by rule, determine). (c) Waiver.--The time limits specified in subsections (a) and (b)-- (1) may be waived by an applicant; and (2) if so waived, shall not be binding on the Commission. (d) Extension of Time.--The Commission, in particular cases, under extraordinary conditions, and after notice and a hearing at which the existence of such conditions are established, may extend the time limits specified in subsections (a) and (b) for a period not to exceed an additional 90 days. SEC. 7. ADDITIONAL POWERS OF THE COMMISSION. The Commission shall have authority-- (1) to research and investigate, from time to time, the organization, business, conduct, or practices of-- (A) any person or entity engaged in, or whose business affects, the operation of electronic communications networks; and (B) any provider of electronic communications service; (2) to require any person or entity that owns or operates an electronic communications networks, or any class of such persons or entities, to file, in such form, in such manner, and at such time as the Commission may determine, reports or answers to specific questions regarding the organization, business, conduct, or practices of such person or entity, such reports or answers shall be in writing and made under penalty of perjury; (3) to make public, from time to time, in such form, and in such manner as the Commission determines-- (A) such portions of the information obtained under paragraph (1) as are in the public interest; and (B) the reports and answers described under paragraph (2), except that the Commission-- (i) may not make public any trade secret or any privileged or confidential commercial or financial information obtained from such reports or answers; and (ii) may disclose such trade secrets or information to officers and employees of an appropriate Federal or State law enforcement agency upon prior certification by an officer of that Federal or State law enforcement agency that such trade secrets or information shall-- (I) be maintained in confidence; and (II) be used only for official law enforcement purposes; and (4) to make annual and special reports to Congress and to submit with such reports recommendations for additional legislation. | Freedom for Consumer Choice Act - States U.S. government policy with regard to: (1) the promotion of the widespread availability of communications services; (2) the promotion of the integrity of communications facilities through investment and innovation in advanced communications networks; and (3) the economic regulation of communications markets. Makes it unlawful for providers of electronic communication services to engage or participate in: (1) unfair methods of competition in or affecting electronic communications networks and services; or (2) unfair or deceptive practices in or affecting such networks and services. Authorizes the Federal Communications Commission (FCC), by rule, to define the acts or practices that shall constitute such unfair methods of competition or unfair or deceptive acts or practices. Bars the FCC from having any authority to issue rules that declare unlawful an act or practice on the grounds that it is an unfair method of competition or unfair or deceptive act or practice, except that the FCC may declare an act or practice unlawful if: (1) marketplace competition is insufficient to adequately protect consumer welfare; and (2) such act or practice causes or is likely to cause substantial injury to consumers, is unavoidable by consumers themselves, and is outweighed by countervailing benefits to consumers or to competition. Terminates any rule promulgated under this Act five years after its effective date unless the FCC makes an affirmative determination that such rule continues to be necessary. Grants the FCC the authority to hear complaints from any party injured by a violation of the prohibitions under this Act and to award damages to such party if such a violation has occurred. Sets forth specified additional authorities of the FCC. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Greater Research Opportunities With Tax Help Act'' or ``GROWTH Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) Simplified Credit for Qualified Research Expenses.--Subsection (a) of section 41 is amended to read as follows: ``(a) General Rule.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.''. (b) Special Rules and Termination of Base Amount Calculation.-- (1) In general.--Subsection (c) of section 41 is amended to read as follows: ``(c) Special Rule in Case of No Qualified Research Expenses in Any of 3 Preceding Taxable Years.-- ``(1) Taxpayers to which subsection applies.--The credit under this section shall be determined under this subsection, and not under subsection (a), if, in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the taxpayer has no qualified research expenses. ``(2) Credit rate.--The credit determined under this subsection shall be equal to 10 percent of the qualified research expenses for the taxable year.''. (2) Consistent treatment of expenses.--Subsection (b) of section 41 is amended by adding at the end the following new paragraph: ``(5) Consistent treatment of expenses required.-- ``(A) In general.--Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year in the 3-taxable-year period taken into account under subsection (a), the qualified research expenses taken into account for such year shall be determined on a basis consistent with the determination of qualified research expenses for the credit year. ``(B) Prevention of distortions.--The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses caused by a change in accounting methods used by such taxpayer between the credit year and a year in such 3- taxable-year period.''. (c) Inclusion of Qualified Research Expenses of an Acquired Person.-- (1) Partial inclusion of pre-acquisition qualified research expenses.--Subparagraph (A) of section 41(f)(3) is amended to read as follows: ``(A) Acquisitions.-- ``(i) In general.--If a person acquires the major portion of a trade or business of another person (hereinafter in this paragraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then the amount of qualified research expenses paid or incurred by the acquiring person during the 3 taxable years preceding the taxable year in which the credit under this section is determined shall be increased by-- ``(I) for purposes of applying this section for the taxable year in which such acquisition is made, the amount determined under clause (ii), and ``(II) for purposes of applying this section for any taxable year after the taxable year in which such acquisition is made, so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the portion of the measurement period that is part of the 3-taxable-year period preceding the taxable year for which the credit is determined as is attributable to the portion of such trade or business or separate unit acquired by such person. ``(ii) Amount determined.--The amount determined under this clause is the amount equal to the product of-- ``(I) so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the 3 taxable years before the taxable year in which the acquisition is made as is attributable to the portion of such trade or business or separate unit acquired by the acquiring person, and ``(II) the number of months in the period beginning on the date of the acquisition and ending on the last day of the taxable year in which the acquisition is made, divided by 12. ``(iii) Special rules for coordinating taxable years.--In the case of an acquiring person and a predecessor whose taxable years do not begin on the same date-- ``(I) each reference to a taxable year in clauses (i) and (ii) shall refer to the appropriate taxable year of the acquiring person, ``(II) the qualified research expenses paid or incurred by the predecessor during each taxable year of the predecessor any portion of which is part of the measurement period shall be allocated equally among the months of such taxable year, and ``(III) the amount of such qualified research expenses taken into account under clauses (i) and (ii) with respect to a taxable year of the acquiring person shall be equal to the total of the expenses attributable under subclause (II) to the months occurring during such taxable year. ``(iv) Measurement period.--For purposes of this subparagraph, the term `measurement period' means the taxable year of the acquiring person in which the acquisition is made and the 3 taxable years of the acquiring person preceding such taxable year.''. (2) Expenses of a disposing person.--Subparagraph (B) of section 41(f)(3) is amended to read as follows: ``(B) Dispositions.--If a person disposes of the major portion of any trade or business or the major portion of a separate unit of a trade or business in a transaction to which subparagraph (A) applies, and the disposing person furnished to the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any taxable year ending after such disposition, the amount of qualified research expenses paid or incurred by the disposing person during the 3 taxable years preceding such taxable year shall be decreased by the amount of the increase determined under subparagraph (A) with respect to the acquiring person for such taxable year.''. (d) Aggregation of Expenditures.--Paragraph (1) of section 41(f) is amended-- (1) by striking ``shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit'' in subparagraph (A)(ii) and inserting ``shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by such controlled group for purposes of this section'', and (2) by striking ``shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit'' in subparagraph (B)(ii) and inserting ``shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by all such persons under common control for purposes of this section''. (e) Permanent Extension.-- (1) Section 41 is amended by striking subsection (h). (2) Paragraph (1) of section 45C(b) is amended by striking subparagraph (D). (f) Conforming Amendments.-- (1) Termination of basic research payment calculation.-- Section 41 is amended-- (A) by striking subsection (e), (B) by redesignating subsection (g) as subsection (e), and (C) by relocating subsection (e), as so redesignated, immediately after subsection (d). (2) Special rules.-- (A) Paragraph (4) of section 41(f) is amended by striking ``and gross receipts''. (B) Subsection (f) of section 41 is amended by striking paragraph (6). (3) Cross-references.-- (A) Paragraph (2) of section 45C(c) is amended by striking ``base period research expenses'' and inserting ``average qualified research expenses''. (B) Subparagraph (A) of section 54(l)(3) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (C) Clause (i) of section 170(e)(4)(B) is amended to read as follows: ``(i) the contribution is to a qualified organization,''. (D) Paragraph (4) of section 170(e) is amended by adding at the end the following new subparagraph: ``(E) Qualified organization.--For purposes of this paragraph, the term `qualified organization' means-- ``(i) any educational organization which-- ``(I) is an institution of higher education (within the meaning of section 3304(f)), and ``(II) is described in subsection (b)(1)(A)(ii), or ``(ii) any organization not described in clause (i) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(II) is organized and operated primarily to conduct scientific research, and ``(III) is not a private foundation.''. (E) Section 280C is amended-- (i) by striking ``or basic research expenses (as defined in section 41(e)(2))'' in subsection (c)(1), (ii) by striking ``section 41(a)(1)'' in subsection (c)(2)(A) and inserting ``section 41(a)'', and (iii) by striking ``or basic research expenses'' in subsection (c)(2)(B). (F) Clause (i) of section 1400N(l)(7)(B) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (g) Technical Corrections.--Section 409 is amended-- (1) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (b)(1)(A), (2) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984'' after ``relating to the employee stock ownership credit'' in subsection (b)(4), (3) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (i)(1)(A), (4) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (m), (5) by inserting ``(as so in effect)'' after ``section 48(n)(1)'' in subsection (m), (6) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 48(n)'' in subsection (q)(1), and (7) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41'' in subsection (q)(3). (h) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to taxable years beginning after December 31, 2011. (2) Permanent extension.--The amendments made by subsection (e) shall apply to amounts paid or incurred after December 31, 2011. (3) Technical corrections.--The amendments made by subsection (g) shall take effect on the date of the enactment of this Act. | Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14% to 20% the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Health Professionals Act of 2011''. SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. (a) In General.--Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: ``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. ``(a) Limitation on Liability.--Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if-- ``(1) the professional is serving as a volunteer for purposes of responding to a disaster; and ``(2) the act or omission occurs-- ``(A) during the period of the disaster, as determined under the laws listed in subsection (e)(1); ``(B) in the health care professional's capacity as such a volunteer; and ``(C) in a good faith belief that the individual being treated is in need of health care services. ``(b) Exceptions.--Subsection (a) does not apply if-- ``(1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or ``(2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug. ``(c) Standard of Proof.--In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply. ``(d) Preemption.-- ``(1) In general.--This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. ``(2) Volunteer protection act.--Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. ``(e) Definitions.--In this section: ``(1) The term `disaster' means-- ``(A) a national emergency declared by the President under the National Emergencies Act; ``(B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or ``(C) a public health emergency determined by the Secretary under section 319 of this Act. ``(2) The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) The term `health care professional' means an individual who is licensed, certified, or authorized in one or more States to practice a health care profession. ``(4) The term `State' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. ``(5)(A) The term `volunteer' means a health care professional who, with respect to the health care services rendered, does not receive-- ``(i) compensation; or ``(ii) any other thing of value in lieu of compensation, in excess of $500 per year. ``(B) For purposes of subparagraph (A), the term `compensation'-- ``(i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and ``(ii) excludes-- ``(I) reasonable reimbursement or allowance for expenses actually incurred; ``(II) receipt of paid leave; and ``(III) receipt of items to be used exclusively for rendering the health services in the health care professional's capacity as a volunteer described in subsection (a)(1).''. (b) Effective Date.-- (1) In general.--This Act and the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. (2) Application.--This Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date. | Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Grand River Bands of Ottawa Indians of Michigan Referral Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--REFERRAL TO THE SECRETARY Sec. 101. Purpose. Sec. 102. Report. Sec. 103. Action by Congress. TITLE II--MEMBERSHIP; JURISDICTION; LAND Sec. 201. Recognition. Sec. 202. Membership. Sec. 203. Federal services and benefits. Sec. 204. Rights of the Tribe. Sec. 205. Tribal funds. Sec. 206. Jurisdiction of trust land. SEC. 2. DEFINITIONS. In this Act: (1) Bands; tribe.--The terms ``Bands'' and ``Tribe'' mean the Grand River Bands of the Ottawa Indians of Michigan. (2) Date of recognition.--The term ``date of recognition'' means the date on which recognition of the Tribe by the Secretary was published in the Federal Register under section 201. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. TITLE I--REFERRAL TO THE SECRETARY SEC. 101. PURPOSE. The purpose of this title is to obtain an expedited review of the petition of the Bands in order to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe under the rules that govern the recognition of a new group as an Indian tribe. SEC. 102. REPORT. (a) In General.--Not later than August 31, 2007, the Secretary shall review the petition of the Bands and submit to Congress a report describing the findings of the Secretary regarding whether-- (1) the majority of members of the Bands are descendants of, and political successors to, signatories of-- (A) the treaty made and concluded at Chicago, in the State of Illinois, between Lewis Cass and Solomon Sibley, Commissioners of the United States, and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians on August 29, 1821 (7 Stat. 218); (B) the treaty made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates on March 28, 1836 (7 Stat. 491); and (C) the articles of agreement and convention made and concluded at the city of Detroit, in the State of Michigan, July 31, 1855, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States, and the Ottawa and Chippewa Indians of Michigan, parties to the treaty of March 28, 1836; (2) the history of the Bands parallels the history of Indian tribes the members of which are descendants of the signatories to the treaties described in subparagraphs (B) and (C) of paragraph (1), including-- (A) the Grand Traverse Band of Ottawa and Chippewa Indians; (B) the Sault Ste. Marie Tribe of Chippewa Indians; (C) the Bay Mills Band of Chippewa Indians; (D) the Little Traverse Bay Band of Odawa Indians; and (E) the Little River Band of Ottawa Indians; (3) the majority of members of the Bands continue to reside in the ancestral homeland of the Bands (which is now the Western lower quadrant of the State of Michigan), as recognized in the treaties described in paragraph (1); (4)(A) the Bands filed for reorganization of the tribal government of the Bands in 1935 under the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.); (B) the Commissioner of Indian Affairs attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization; and (C) due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Bands were denied the opportunity to reorganize; (5)(A) the Bands continued political and social existence as a viable tribal government during the participation of the Bands in the Northern Michigan Ottawa Association in 1948, which subsequently pursued a successful land claim with the Indian Claims Commission; and (B) the Bands carried out tribal governmental functions through the Northern Michigan Ottawa Association while retaining control over local decisions; (6) the Federal Government, the government of the State of Michigan, and local governments have had continuous dealings with recognized political leaders of the Bands from 1836 to the present; and (7) the Bands were included in the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and was required to submit a fully documented petition not later than December 15, 2000, to qualify for land claim funds set aside for the Bands, which the Secretary segregated and holds in trust for the Bands pending recognition as the respective share of funds of the Bands under that Act. (b) Consultation.--In carrying out this section, the Secretary shall consult with and request information from-- (1) elected leaders of the Bands; and (2) anthropologists, ethno-historians, and genealogists associated with the Bands; (3) attorneys of the Bands; and (4) other experts, as the Secretary determines appropriate. (c) Conclusion.-- (1) Positive report.--Not later than August 31, 2007, if the Secretary determines by a preponderance of the evidence that the Bands satisfy each condition of subsection (a), the Secretary shall submit to Congress a positive report indicating that determination. (2) Negative report.--Not later than August 31, 2007, if the Secretary determines by a preponderance of the evidence that the Bands fail to satisfy a condition of subsection (a), the Secretary shall submit to Congress a negative report indicating that determination. (d) Failure to Submit Report.--If the Secretary fails to submit to Congress a report in accordance with subsection (c)-- (1) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (2) title II shall apply to the Bands. SEC. 103. ACTION BY CONGRESS. (a) Action by Deadline.-- (1) In general.--If Congress acts on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (B) title II shall apply to the Bands. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe. (b) Failure to Act by Deadline.-- (1) In general.--If Congress fails to act on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (B) title II shall apply to the Bands. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe. TITLE II--MEMBERSHIP; JURISDICTION; LAND SEC. 201. RECOGNITION. Not later than November 30, 2007, if subsection (a)(2) or (b)(2) of section 103 applies, the Secretary shall-- (1) recognize the Tribe; and (2) publish notice of the recognition by the Secretary in the Federal Register. SEC. 202. MEMBERSHIP. (a) List of Present Membership.--Not later than 120 days after the date of recognition, the Tribe shall submit to the Secretary a list of all individuals that were members of the Tribe on the date of recognition. (b) List of Individuals Eligible for Membership.-- (1) In general.--Not later than the date that is 18 months after the date of recognition, the Tribe shall submit to the Secretary a membership roll listing all individuals enrolled for membership in the Tribe. (2) Qualifications.--The qualifications for inclusion on the membership roll of the Tribe shall be determined by the Tribe, in consultation with the Secretary, based on the membership clause in the governing document of the Tribe. (3) Publication of notice.--On receiving the membership roll under paragraph (1), the Secretary shall publish notice of the membership roll in the Federal Register. (c) Maintenance of Rolls.--The Tribe shall ensure that the membership roll of the Tribe is maintained. SEC. 203. FEDERAL SERVICES AND BENEFITS. (a) In General.--Not later than October 31, 2007, the Tribe and each member of the Tribe shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as Indians without regard to-- (1) the existence of a reservation; or (2) the location of the residence of a member on or near an Indian reservation. (b) Jurisdiction.-- (1) In general.--Subject to paragraph (2), for the purpose of delivering a Federal service to an enrolled member of the Tribe, the jurisdiction of the Tribe extends to-- (A) all land and water designated to the Ottawa in the treaties described in subparagraphs (A) and (B) of section 102(a)(1); and (B) all land and water described in any other treaty that provides for a right of the Tribe. (2) Effect of federal law.--Notwithstanding paragraph (1), the jurisdiction of the Tribe shall be consistent with Federal law. SEC. 204. RIGHTS OF THE TRIBE. (a) Abrogated and Diminished Rights.--Any right or privilege of the Tribe or any member of the Tribe that was abrogated or diminished before the date of recognition under section 201 is reaffirmed. (b) Existing Rights of Tribe.-- (1) In general.--This Act does not diminish any right or privilege of the Tribe or any member of the Tribe that existed prior to the date of recognition. (2) Legal and equitable claims.--Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by or granted to the Tribe that was wrongfully denied to or taken from the Tribe prior to the date of recognition. (c) Future Applications.--This Act does not address the merits of, or affect the right of the Tribe to submit, any future application regarding-- (1) placing land into trust; or (2) gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). SEC. 205. TRIBAL FUNDS. Notwithstanding section 110 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2663), effective beginning on the date of enactment of this Act, any funds set aside by the Secretary for use by the Tribe shall be made available to the Tribe. SEC. 206. JURISDICTION OF TRUST LAND. (a) In General.--The Tribe shall have jurisdiction over all land taken into trust by the Secretary for the benefit of the Tribe, to the maximum extent allowed by law. (b) Service Area.--The Tribe shall have jurisdiction over all members of the Tribe that reside in the service area of the Tribe in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members resided on a reservation (as defined in that Act). | Grand River Bands of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Bands of the Ottawa Indians of Michigan for recognition as a federal Indian tribe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuels Market Expansion Act of 2011''. SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks ``(a) In General.--For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: ``Model Year Percentage Model years 2014 and 2015.......................... 50 percent Model year 2016 and each subsequent model year..... 90 percent. ``(b) Exception.--Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.''. (b) Clerical Amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.''. (c) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act. SEC. 3. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program.-- (1) Definitions.--In this subsection: (A) Blender pump.--The term ``blender pump'' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) Major fuel distributor.-- (i) In general.--The term ``major fuel distributor'' means any person that owns a refinery or directly markets the output of a refinery. (ii) Exclusion.--The term ``major fuel distributor'' does not include any person that directly markets through less than 50 retail fueling stations. (E) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Grants.--The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E- 85 fuel), including blender pumps and storage tanks. (3) Limitation.--A major fuel distributor shall not be eligible for a grant or subgrant under this subsection. (4) Federal share.--The Federal share of the cost of a project carried out under this subsection shall be up to 50 percent of the total cost of the project. (5) Reversion.--If an eligible facility or retailer that receives a grant or subgrant under this subsection does not offer ethanol fuel blends for sale for at least 2 years during the 4-year period beginning on the date of installation of the blender pump, the eligible facility or retailer shall be required to repay to the Secretary an amount determined to be appropriate by the Secretary, but not more than the amount of the grant provided to the eligible facility or retailer under this subsection. (6) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2012; (B) $100,000,000 for fiscal year 2013; (C) $200,000,000 for fiscal year 2014; (D) $300,000,000 for fiscal year 2015; and (E) $350,000,000 for fiscal year 2016. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(13) Installation of blender pumps by major fuel distributors at owned stations and branded stations.-- ``(A) Definitions.--In this paragraph: ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. ``(iii) Major fuel distributor.-- ``(I) In general.--The term `major fuel distributor' means any person that owns a refinery or directly markets the output of a refinery. ``(II) Exclusion.--The term `major fuel distributor' does not include any person that directly markets through less than 50 retail fueling stations. ``(iv) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture. ``(B) Regulations.--The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). ``(C) Applicable percentage.--For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: ``Applicable percentage of majority-owned stations and branded stations Calendar year: Percent: 2014............................................... 10 2016............................................... 20 2018............................................... 35 2020 and each calendar year thereafter............. 50. ``(D) Geographic distribution.-- ``(i) In general.--Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. ``(ii) Requirement.--In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates. ``(E) Financial responsibility.--In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(F) Production credits for exceeding blender pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the majority- owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. ``(ii) Trading credits.--Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). ``(iii) Exception.--A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).''. SEC. 4. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term includes all types of ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a pipeline for transporting renewable fuel.''. (b) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (2) by adding at the end the following: ``(2) Renewable fuel pipelines.--A guarantee for a project described in section 1703(b)(11) shall be in an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.''. (c) Renewable Fuel Pipeline Eligibility.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Renewable fuel pipelines.''. (d) Rapid Deployment of Renewable Fuel Pipelines.--Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``, or, in the case of projects described in paragraph (4), September 30, 2012'' before the colon at the end; and (B) by adding at the end the following: ``(4) Installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States, including the deployment of renewable fuel pipelines through loan guarantees in an amount equal to 80 percent of the cost.''; and (2) in subsection (e), by inserting ``, or, in the case of projects described in subsection (a)(4), September 30, 2012'' before the period at the end. (e) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall promulgate such regulations as are necessary to carry out the amendments made by this section. | Biofuels Market Expansion Act of 2011 - Requires automobile manufacturers to ensure that at least 50% of 2014 and 2015 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for 2016 and subsequent model years. (Excludes automobiles and light duty trucks that operate only on electricity.) Requires the Secretary of Energy (DOE) to make grants to eligible facilities to pay the federal share of: (1) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel); and (2) providing subgrants to direct retailers of such fuels for the installation of such infrastructure. Prohibits a major fuel distributor (any person that owns a refinery or that directly markets the output of a refinery through at least 50 retail fueling stations) from being eligible for such grants or subgrants. Amends the Clean Air Act to revise the renewable fuel program to require the Secretary to promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at: (1) an overall percentage of such stations increasing from 10% in 2014 to 50% in 2020, and (2) a specified minimum percentage of such stations in each state. Allows such distributors to earn credits if they exceed such percentages and to sell such credits to other distributors, except for use to fulfill the state distribution requirement. Amends the Energy Policy Act of 2005 to make renewable fuel pipelines eligible for loan guarantees for projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued. Amends the temporary program for rapid deployment of renewable energy and electric power transmission projects to make eligible for loan guarantees projects for the installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Conference on Children and Youth in 2010 Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds the following: (1) In 2005 there were over 3,000,000 reports of child abuse and neglect, and only 60 percent of the children from the substantiated reports received follow-up services and 20 percent were placed in foster care as a result of an investigation. (2) Each year there are nearly 900,000 substantiated reports of child abuse and neglect. (3) Each year approximately 60 percent of such substantiated reports are reports of neglect, 30 percent are physical and sexual abuse reports, and more than 20 percent are reports that involve other forms of abuse. (4) Almost 500,000 children and youth were in foster care at the end of the Federal fiscal year 2004 and nearly 800,000 spent at least some time in foster care throughout the year. (5) While 51,000 children are adopted from the foster care system each year, more than 117,000 children are waiting to be adopted. (6) Each year approximately 22,000 youth leave the foster care system not because they have found permanent placements, but because they have reached the age at which foster care ends. (7) The child welfare system includes State and local governments, tribal governments, child welfare agencies, child welfare caseworkers, private agencies, social workers, the courts, volunteer court appointed special advocates, mental health and health care professionals, educators, and advocates. (8) There is an over-representation of certain populations, including Native Americans and African-Americans, in the child welfare system. (9) The number of children being raised by grandparents and other relatives is increasing and exceeds more than 6,000,000 children cared for in this way, and the Government recognizes that kinship care is a permanency option through the enactment of the Adoption and Safe Families Act of 1997. (10) The State courts make key decisions in the lives of children involved in the child welfare system, including decisions of whether children have been victims of child abuse, whether parental rights should be terminated, and whether children should be reunified with their families, adopted, or placed in other settings. (11) The child welfare system will never fully address its primary mission unless the courts are an integral and functioning component of a statewide system of care and protection. (b) Policy.--It is the policy of the Congress that-- (1) the Government should work jointly with the States and their residents to develop recommendations and plans for action to meet the challenges and needs of children and families involved with the child welfare system, consistent with this Act; (2) in developing such recommendations and plans, emphasis should be directed toward the role of the Government, State and local child welfare systems, State family courts systems, child welfare advocates, guardians, and other key participants in such child welfare systems, with a goal of enhancing and protecting the lives and well-being of children and families who are involved with such child welfare systems; and (3) Federal, State, and local programs and policies should be developed to reduce the number of children who are abused and neglected, to reduce the number of children in foster care, and to dramatically increase the number of children in permanent placements through family reunification, kinship placement, and adoption. SEC. 3. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call the Conference.--The President shall call a White House Conference on Children and Youth in 2010 (in this Act referred to as ``the Conference''), to be convened not later than 18 months after the selection of the Policy Committee established in section 4, to encourage improvements in each State and local child welfare system, and to develop recommendations for actions to implement the policy set forth in section 2(b). (b) Planning and Direction.--The Secretary shall plan, conduct, and convene the Conference in cooperation with the heads of other appropriate Federal entities, including the heads of the Department of Justice, the Department of Education, and the Department of Housing and Urban Development. (c) Purposes of the Conference.--The purposes of the Conference are-- (1) to identify the problems and challenges of child abuse and neglect, and the needs of the children and families affected by decisions made through the child welfare system; (2) to strengthen the use of research-based best practices that can prevent child abuse and neglect with a special focus on younger children; (3) to strengthen the use of research-based best practices that can increase the placement permanency for children removed from their homes, including practices involving family reunification, kinship placement, and adoption; (4) to promote the role of State family courts in each State child welfare system; (5) to develop recommendations that will reduce the number of children who are in out-of-home care and who fail to leave foster care before the age of majority, and to reduce the overrepresentation of certain populations in the child welfare system; (6) to examine the role of the Government in building an equal partnership in assisting and encouraging State, local, and tribal coordination; (7) to develop such specific and comprehensive recommendations for State-level executive and legislative action as may be appropriate for maintaining and improving the well-being of children in such system; and (8) to review the status of recommendations regarding child welfare made by previous White House conferences. SEC. 4. POLICY COMMITTEE. (a) Establishment.--There is hereby established a Policy Committee which shall be comprised of 17 members to be selected as follows: (1) Presidential appointees.--Nine members shall be selected by the President and shall consist of-- (A) 3 members who are officers or employees of the United States; and (B) 6 members, who may be officers or employees of the United States, with experience in the field of child welfare, including providers and children directly affected by the child welfare system. (2) House of representative appointees.-- (A) Two members shall be selected by the Speaker of the House of Representatives after consultation with the chairperson of the Committee on Education and Labor, and the chairperson of the Committee on Ways and Means, of the House of Representatives. (B) Two members shall be selected by the minority leader of the House of Representatives, after consultation with ranking minority members of such committees. (3) Senate appointees.-- (A) Two members shall be selected by the majority leader of the Senate, after consultation with members of the Committee on Health, Education, Labor, and Pensions, and the Committee on Finance, of the Senate. (B) Two members shall be selected by the minority leader of the Senate, after consultation with members of such committees. (b) Voting; Chairperson.-- (1) Voting.--The Policy Committee shall act by the vote of a majority of the members present. (2) Chairperson.--The President shall select the chairperson from among the members of the Policy Committee. The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (c) Duties of Policy Committee.--The Policy Committee shall first meet at the call of the Secretary, not later than 30 days after the last member is selected. Subsequent meetings of the Policy Committee shall be held at the call of the chairperson of the Policy Committee. Through meetings, hearings, and working sessions, the Policy Committee shall-- (1) make recommendations to the Secretary to facilitate the timely convening of the Conference; (2) submit to the Secretary a proposed agenda for the Conference not later than 90 days after the first meeting of the Policy Committee; (3) make recommendations for delegates of the Conference; (4) establish the number of delegates to be selected under section 5 and the manner by which they are to be selected in accordance with such section; and (5) establish other advisory committees as needed to facilitate Conference participation of-- (A) professionals with direct experience providing services to children and families in the child welfare system; and (B) children and families who are directly involved in the child welfare system. SEC. 5. CONFERENCE DELEGATES. To carry out the purposes of the Conference, the Secretary shall bring together delegates representative of the spectrum of thought in the field of child welfare and the courts, without regard to political affiliation or past partisan activity, who shall include-- (1) the directors of child welfare systems of the States and tribal governments; (2) members of the State and local judicial systems relating to families and children, representatives of the State organization composed of members of the legal profession, and attorneys specializing in family law; (3) elected officials of State and local governments; and (4) advocates (including national and State organizations), guardians, experts in the field of child welfare, families, children, and youth affected by the child welfare system, and the general public. SEC. 6. CONFERENCE ADMINISTRATION. (a) Administration.--In conducting and planning the Conference, the Secretary shall-- (1) request the cooperation and assistance of the heads of such other Federal entities as may be appropriate, including the detailing of personnel; (2) furnish all reasonable assistance, including financial assistance, not less than 18 months before the Secretary convenes the Conference, to State child welfare systems, heads of State courts and courts on family law, and to other appropriate organizations, to enable them to organize and conduct State-level child welfare conferences in conjunction with and in preparation for participation in the Conference; (3) prepare and make available for public comment a proposed agenda for the Conference, which will reflect to the greatest extent possible the major issues facing child welfare systems and the courts, consistent with the policy set forth in section 2(b); (4) prepare and make available background materials that the Secretary deems necessary for the use of delegates to the Conference; and (5) employ such additional personnel as may be necessary to carry out this Act without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Duties.--In carrying out the Secretary's responsibilities and functions under this section, the Secretary shall ensure that-- (1) the conferences held under subsection (a)(2) will-- (A) be conducted to ensure broad participation of individuals and groups; and (B) include conferences on Native Americans-- (i) to identify conditions that adversely affect their children in the child welfare system and to identify Native American families who are at risk of entering such system; (ii) to propose solutions to ameliorate such conditions; and (iii) to provide for the exchange of information relating to the delivery of services to their children in the child welfare system and to Native American families who are at risk of entering such system; and (2) the proposed agenda for the Conference as described in subsection (a)(3) is-- (A) published in the Federal Register not less than 180 days before the Conference is convened; and (B) made available for public comment for a period of not less than 60 days; (3) the final agenda for the Conference, prepared after the Secretary takes into consideration comments received under paragraph (2), is published in the Federal Register and transmitted to the chief executive officers of the States not later than 30 days after the close of the public comment period required by paragraph (2); (4) the personnel employed under subsection (a)(5) are fairly balanced in terms of point of view represented and are appointed without regard to political affiliation or previous partisan activities; (5) the recommendations of the Conference are not inappropriately influenced by any public official or special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (6) before the Conference is convened-- (A) current and adequate statistical data (including decennial census data) and other information on the well-being of children in the United States; and (B) such information as may be necessary to evaluate Federal programs and policies relating to children; which the Secretary may obtain by making grants to or entering into an agreement with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. SEC. 7. REPORT OF THE CONFERENCE. (a) Proposed Report.--After consultation with the Policy Committee, the Secretary shall prepare-- (1) a proposed report on the results of the Conference, which shall include a statement of comprehensive coherent national policy on State child welfare systems (including the courts); and (2) recommendations for the implementation of such policy; which shall be published in the Federal Register and submitted to the chief executive officers of the States, not later than 60 days after the Conference adjourns. (b) Response to Proposed Report.--After reviewing and soliciting recommendations and comments on the report of the Conference, the Secretary shall request that the chief executive officers of the States submit to the Secretary, not later than 180 days after receiving the report, their views and findings on the recommendations of the Conference. (c) Final Report.--Not later than 90 days after receiving the views and findings of the chief executive officers of the States under subsection (b), the Secretary shall-- (1) prepare a final report of the Conference, which shall include a compilation of the views and findings of the chief executive officers of the States; and (2) publish in the Federal Register, and transmit to the President and to the Congress, the recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``Secretary'' means the Secretary of Health and Human Services; and (2) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $10,000,000 to carry out this Act. SEC. 10. LIMITATION OF APPROPRIATIONS. New spending authority or new authority to enter into contracts under which the United States is obligated to make outlays shall be effective only to the extent and in such amounts as are provided in advance in appropriations Acts. | White House Conference on Children and Youth in 2010 Act - Directs the President to call a White House Conference on Children and Youth in 2010 to: (1) encourage improvements in each state and local child welfare system; and (2) develop recommendations for actions to implement express policy regarding federal, state, and local programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Accountability and Recovery Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Chesapeake bay state.--The term ``Chesapeake Bay State'' or ``State'' means any of-- (A) the States of Maryland, West Virginia, Delaware, and New York; (B) the Commonwealths of Virginia and Pennsylvania; and (C) the District of Columbia. (3) Chesapeake bay watershed.--The term ``Chesapeake Bay watershed'' means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay. (4) Chesapeake executive council.--The term ``Chesapeake Executive Council'' has the meaning given the term by section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a)). (5) Chief executive.--The term ``chief executive'' means, in the case of a State or Commonwealth, the Governor of the State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (7) Federal restoration activity.-- (A) In general.--The term ``Federal restoration activity'' means a Federal program or project carried out under Federal authority in existence as of the date of enactment of this Act with the express intent to directly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that provide financial and technical assistance to promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B) Categorization.--Federal restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. (8) State restoration activity.-- (A) In general.--The term ``State restoration activity'' means any State program or project carried out under State authority that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B) Categorization.--State restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. (a) In General.--The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing-- (1) an interagency crosscut budget that displays, as applicable-- (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and (E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Congress for legislative action to streamline, consolidate, or eliminate similar programs and activities within the budget; (2) a detailed accounting of all funds received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of funds that were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including-- (A) the project description; (B) the current status of the project; (C) the Federal or State statutory or regulatory authority, program, or responsible agency; (D) the authorization level for appropriations; (E) the project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) a list of coordinating entities; (I) a description of the funding history for the project; (J) cost sharing; and (K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay protection and restoration). (b) Minimum Funding Levels.--In describing restoration activities in the report required under subsection (a), the Director shall only include-- (1) for the first 3 years that the report is required, descriptions of-- (A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and (B) State restoration activities that have funding amounts greater than or equal to $300,000; and (2) for every year thereafter, descriptions of-- (A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and (B) State restoration activities that have funding amounts greater than or equal to $100,000. (c) Deadline.--The Director shall submit to Congress the report required by subsection (a) not later than September 30 of each year. (d) Report.--Copies of the report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e) Effective Date.--This section shall apply beginning with the first fiscal year after the date of enactment of this Act. SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. (a) In General.--There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on-- (1) restoration activities; and (2) any related topics that are suggested by the Chesapeake Executive Council. (b) Appointment.-- (1) In general.--Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council with the consultation of the scientific community. (2) Nominations.--The Chesapeake Executive Council may nominate for consideration as Independent Evaluator a science-based institution of higher education. (3) Requirements.--The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration activities. (c) Reports.--Not later than 180 days after the date of appointment and once every 2 years thereafter, the Independent Evaluator shall submit to Congress a report describing the findings and recommendations of reviews conducted under subsection (a). SEC. 5. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 2, 2014. Chesapeake Bay Accountability and Recovery Act of 2014 - (Sec. 3) Requires the Office of Management and Budget (OMB) to submit to Congress a financial report on restoration activities in the Chesapeake Bay watershed by September 30 of each year. Requires the report to contain: an interagency crosscut budget for federal and state restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; an accounting of funds received and obligated by each federal agency for restoration activities during the current and preceding fiscal years; an accounting from Maryland, West Virginia, Delaware, New York, Virginia, Pennsylvania, and the District of Columbia of all funds received and obligated from a federal agency for restoration activities during the current and preceding fiscal years; and a description of each of the proposed federal and state restoration activities to be carried out in the succeeding fiscal year. Requires the report to describe only restoration activities that have funding amounts of at least $300,000 for the first three years and restoration activities that have funding amounts of at least $100,000 thereafter. (Sec. 4) Establishes an Independent Evaluator for the Chesapeake Bay watershed to review and report to Congress every two years on restoration activities and related topics that are suggested by the Chesapeake Executive Council. Sets forth the process for appointment of the Independent Evaluator and the qualifications for the position. (Sec. 5) Provides that no additional funds are authorized to be appropriated to carry out this Act. |
SECTION 1. SIMPLIFIED TAX. (a) In General.--Subtitle A of the Internal Revenue Code of 1986 is amended to read as follows: ``Subtitle A--Income Taxes ``Chapter 1. Computation of taxable income. ``Chapter 2. Determination of tax liability. ``Chapter 3. Exempt organizations. ``Chapter 4. Withholding. ``CHAPTER 1--COMPUTATION OF TAXABLE INCOME ``Sec. 101. Nonbusiness taxable income defined. ``Sec. 102. Business receipts defined. ``Sec. 103. Cost of business inputs defined. ``Sec. 104. Cost of capital equipment, structures, and land defined. ``Sec. 105. Business taxable income defined. ``SEC. 101. NONBUSINESS TAXABLE INCOME DEFINED. ``(a) In General.--For purposes of this title, the term `nonbusiness taxable income' means-- ``(1) all compensation, and ``(2) any income other than compensation from whatever source derived. ``(b) Compensation.--Compensation means all cash amounts paid by an employer or received by an employee, including wages, salaries, pensions, bonuses, prizes, and awards. ``(c) Certain Items Included.--Compensation includes-- ``(1) the cash equivalent of any financial instrument conveyed to an employee, measured as market value at the time of conveyance; and ``(2) workman's compensation and other payments for injuries or other compensation for damages. ``(d) Certain Items Excluded.-- ``(1) Compensation.--Compensation excludes-- ``(A) reimbursements to a taxpayer by an employer for business expenses paid by the taxpayer in connection with performance of services as an employee; ``(B) goods and services provided to employees by employers, including but not limited to medical benefits, insurance, meals, housing, recreational facilities, and other fringe benefits; and ``(C) wages, salaries, and other payments for services performed outside the United States. ``(2) Other income.--No gain from the sale or exchange of the principal residence of a taxpayer shall be included in income described in subsection (a)(2). ``SEC. 102. BUSINESS RECEIPTS DEFINED. ``Business receipts are the receipts of a business from the sale or exchange of products or services produced in or passing through the United States. Business receipts include-- ``(1) gross revenue, excluding sales and excise taxes, from the sale or exchange of goods and services; ``(2) fees, commissions, and similar receipts, if not reported as compensation; ``(3) gross rents; ``(4) royalties; ``(5) gross receipts from the sale of plant, equipment, and land; ``(6) the market value of goods, services, plant, equipment, or land provided to its owners or employees; ``(7) the market value of goods, services, and equipment delivered from the United States to points outside the United States, if not included in sales; and ``(8) the market value of goods and services provided to depositors, insurance policyholders, and others with a financial claim upon the business, if not included in sales. ``SEC. 103. COST OF BUSINESS INPUTS DEFINED. ``(a) In General.--The cost of business inputs is the cost of purchases of goods, services, and materials required for business purposes. ``(b) Certain Items Included.--The cost of business inputs includes-- ``(1) the actual amount paid for goods, services, and materials, whether or not resold during the year; ``(2) the market value of business inputs brought into the United States; and ``(3) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. ``(c) Certain Items Excluded.--The cost of business inputs excludes purchases of goods and services provided to employees or owners, unless these are included in business receipts. ``SEC. 104. COST OF CAPITAL EQUIPMENT, STRUCTURES, AND LAND DEFINED. ``The cost of capital equipment, structures, and land includes any purchases of these items for business purposes. In the case of equipment brought into the United States, the cost is the market value at time of entry into the United States. ``SEC. 105. BUSINESS TAXABLE INCOME DEFINED. ``Business taxable income is business receipts less the cost of business inputs, less compensation paid to employees, and less the cost of capital equipment, structures, and land. ``CHAPTER 2--DETERMINATION OF TAX LIABILITY ``Sec. 201. Personal allowance. ``Sec. 202. Nonbusiness tax. ``Sec. 203. Business tax. ``SEC. 201. PERSONAL ALLOWANCE. ``(a) In General.--The personal allowance of a taxpayer for any taxable year is an amount equal to the sum of the allowance amounts for the taxpayer, the spouse of the taxpayer if filing jointly, and each dependent of the taxpayer. ``(b) Allowance Amount.--The allowance amount for any individual is $4,000. Each year the allowance amount for taxable years beginning in such year shall be the amount in effect for the preceding year, increased by the proportional increase during the preceding year in the Consumer Price Index. ``(c) Special Rules.--For purposes of this chapter-- ``(1) a taxpayer is considered married if he was married at the end of the year or if the taxpayer's spouse died during the year, ``(2) a taxpayer is a head of a household if the taxpayer is not married at the end of the year, and maintains as the taxpayer's home a household which is the principal home of a dependent of the taxpayer, and ``(3) a dependent is a son, stepson, daughter, stepdaughter, mother, or father of the taxpayer, for whom the taxpayer provides more than half support for a taxable year. ``SEC. 202. NONBUSINESS TAX. ``(a) In General.--There is hereby imposed a tax on the nonbusiness taxable income of every person for each taxable year (reduced by the amount of the personal allowance under section 201) a tax equal to-- ``(1) 15 percent of so much of such income as does not exceed the limit, plus ``(2) 25 percent of so much of such income as exceeds the limit. ``(b) Limit.--For purposes of subsection (a)-- ``(1) the limit for married taxpayers filing jointly, heads of household, and surviving spouses is $100,000, and ``(2) the limit for any other taxpayer is $50,000. ``SEC. 203. BUSINESS TAX. ``(a) Business Defined.--Each sole proprietorship, partnership, and corporation constitutes a business. Any organization or individual not specifically exempt under chapter 3, with business receipts, is a business. ``(b) Computation of Tax.--Each business will pay a tax of 19 percent of its business taxable income, or zero if business taxable income is negative. ``(c) Filing Units.--A business may file any number of business tax returns for its various subsidiaries or other units, provided that all business receipts are reported in the aggregate, and provided that each expenditure for business inputs is reported on no more than one return. ``(d) Carryforward of Losses.--When business taxable income is negative, the negative amount may be used to offset positive taxes in future years. The amount carried forward from one year to the next is augmented according to an interest rate equal to the average daily yield on 3-month Treasury Bills during the first year. There is no limit to the amount or the duration of the carryforward. ``CHAPTER 3--EXEMPT ORGANIZATIONS ``Sec. 301. Exempt organizations. ``SEC. 301. EXEMPT ORGANIZATIONS. ``Organizations exempt from the business tax are-- ``(1) State and local governments, and their subsidiary units; and ``(2) educational, religious, charitable, philanthropic, cultural, and community service organizations that do not return income to individual or corporate owners. ``CHAPTER 4--WITHHOLDING ``Sec. 401. Withholding. ``SEC. 401. WITHHOLDING. ``Each employer, including exempt organizations, will withhold from the wages, salaries, and pensions of its employees, and remit to the Internal Revenue Service, an amount computed in the manner prescribed in tables published by the Secretary. Every employee will receive a credit against tax for the amount withheld.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to provide for a simplified income tax. Allows a personal allowance of $4,000 for the taxpayer, spouse (if filing jointly), and each dependent. Adjusts such amount for inflation each year. Imposes a nonbusiness tax on each person (reduced by the amount of the personal allowance) of 15 percent of income that does not exceed the limit, plus 25 percent of income that exceeds the limit. Specifies that limit as: (1) $100,000 for married taxpayers filing jointly, heads of household, and surviving spouses; and (2) $50,000 for any other taxpayer. Imposes a tax on each business of 19 percent of taxable income, or zero if such income is negative. Allows the carryforward of losses. Specifies tax-exempt organizations as: (1) State and local governments; and (2) educational, religious, charitable, philanthropic, cultural, and community service organizations that do not return income to individual or corporate owners. Provides for tax withholding. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``State-Owned Entity Transparency and Accountability Reform Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) As Congress expressed when it enacted the Foreign Sovereign Immunities Act of 1976 (Public Law 94-583; 90 Stat. 2891), under international law, foreign states are immune from the jurisdiction of the courts of the United States and of the States, subject to certain exceptions. One of these exceptions, the ``commercial activity'' exception, generally subjects foreign states to the jurisdiction of courts of the United States in actions relating to a foreign state's commercial activities. (2) As the Supreme Court observed 7 years after Congress enacted the Foreign Sovereign Immunities Act of 1976, ``increasingly . . . governments throughout the world have established separately constituted legal entities to perform a variety of tasks''. First National City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983) (referred to in this section as ``Bancec''). These state instrumentalities are ``typically established as . . . separate juridical entit[ies], with powers to hold and sell property and to sue and be sued''. Run by states as ``distinct economic enterpris[es]'', they operate ``on an enterprise basis'' while enjoying ``a greater degree of flexibility and independence from close political control than is generally enjoyed by government agencies. These same features frequently prompt governments in developing countries to establish separate juridical entities as the vehicles through which to obtain the financial resources needed to make large-scale national investments''. (3) Because government instrumentalities ``established as juridical entities distinct and independent from their sovereign should normally be treated as such'', courts have accorded them ``a presumption of independent status'' for purposes of assessing jurisdiction under the Foreign Sovereign Immunities Act of 1976. (4) However, the Supreme Court explained in Bancec that courts have ``consistently refused to give effect to the corporate form where it is interposed to defeat legislative policies''. As a result, courts will refuse to presume an instrumentality's independence from a foreign state if ``a corporate entity is so extensively controlled by its owner that a relationship of principal and agent is created'' or respecting the corporate form ``would work fraud or injustice''. Transamerica Leasing, Inc. v. La Republica de Venezuela, 200 F.3d 843, 848-49 (D.C. Cir. 2000). (5) As state instrumentalities have developed over time, their corporate structure has commonly become more complex. In many cases, the structure of state instrumentalities has also become more opaque. At the same time, as a result of globalization, such entities are increasingly involved in commerce and trade involving companies and consumers of the United States. The result is that companies and consumers of the United States seeking to sue a foreign state-owned entity under the ``commercial activity'' exception of the Foreign Sovereign Immunities Act of 1976 may struggle to determine which juridical entity--for example, which member or affiliate of an instrumentality--to sue. (6) As they have grown larger, more opaque, and more involved in commercial activity with companies and consumers of the United States, state instrumentalities have continued aggressively to assert that they are immune to suit in courts of the United States. (7) In some cases, courts also have struggled to determine the correct juridical entity subject to their jurisdiction based on the ``commercial activity'' exception. In others, courts have rejected claims against instrumentalities for failure to show an intra-instrumentality alter ego relationship. (8) In light of the sometimes opaque structure of state instrumentalities and their increasing interactions with companies and consumers of the United States, it is necessary to preserve potential claims of people of the United States against such entities based on their commercial activities. Therefore, for purposes of determining jurisdiction under the ``commercial activity'' exception to the Foreign Sovereign Immunities Act of 1976 only, companies and consumers of the United States should not be required to prove an alter ego relationship between members of an instrumentality to establish subject-matter jurisdiction, as follows. SEC. 3. AMENDMENT. Section 1603(d) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' before ``A''; and (2) by adding at the end the following: ``(2) For purposes of section 1605(a)(2), a commercial activity of an agency or instrumentality of a foreign state shall be attributable to any corporate affiliate of the agency or instrumentality that-- ``(A) directly or indirectly owns a majority of shares of the agency or instrumentality; and ``(B) is also an agency or instrumentality of a foreign state.''. | State-Owned Entity Transparency and Accountability Reform Act of 2016 This bill amends the federal judicial code to allow U.S. courts to hear cases against a foreign state's corporate affiliates under the exception to foreign sovereign immunity that subjects a foreign state's commercial activities to the jurisdiction of U.S. courts. In determining whether a U.S. court has jurisdiction to hear a case based on the commercial activity of a foreign state, a commercial activity of an agency or instrumentality of a foreign state is attributable to any corporate affiliate of the agency or instrumentality that: (1) directly or indirectly owns a majority of shares of the agency or instrumentality, and (2) is also an agency or instrumentality of a foreign state. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Farm Assistance Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--AGRICULTURAL PRODUCTION LOSSES Sec. 101. Specialty crops. Sec. 102. Dairy assistance. Sec. 103. Livestock indemnity payments. Sec. 104. Payment limitation. TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM Sec. 201. Small business economic loss grant program. TITLE III--FORESTRY Sec. 301. Tree assistance program. TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS Sec. 401. Unemployment assistance. Sec. 402. Food coupons and distribution. Sec. 403. Emergency grants to assist low-income migrant and seasonal farmworkers. Sec. 404. Temporary mortgage rental assistance. TITLE V--MISCELLANEOUS Sec. 501. Limit on amount of assistance. Sec. 502. Funding. Sec. 503. Regulations. TITLE VI--EMERGENCY DESIGNATION Sec. 601. Emergency designation. SEC. 2. DEFINITIONS. In this Act: (1) Disaster county.--The term ``disaster county'' means-- (A) a county included in the geographic area covered by a natural disaster declaration; and (B) each county contiguous to a county described in subparagraph (A). (2) Livestock.--The term ``livestock'' includes-- (A) cattle (including dairy cattle); (B) bison; (C) sheep; (D) swine; (E) poultry; and (F) other livestock, as determined by the Secretary. (3) Natural disaster declaration.--The term ``natural disaster declaration'' means a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) during-- (A) calendar year 2005 due to flooding in the State; (B) calendar year 2006 due to heat or flooding in the State; and (C) calendar year 2007 due to freezing or extreme low temperatures in the State. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Specialty crop.--The term ``specialty crop'' has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465). (6) State.--The term ``State'' means the State of California. TITLE I--AGRICULTURAL PRODUCTION LOSSES SEC. 101. SPECIALTY CROPS. (a) In General.--The Secretary shall use, of funds of the Commodity Credit Corporation-- (1) $100,000,000 to provide assistance to producers of specialty crops in disaster counties that suffered losses in calendar year 2005; (2) $400,000,000 to provide assistance to producers of specialty crops in disaster counties that suffered losses in calendar year 2006; (3) $420,000,000 to provide assistance to citrus producers in disaster counties that suffered losses in calendar year 2007; and (4) $438,000,000 to provide assistance to producers of other specialty crops in disaster counties that suffered losses in calendar year 2007. (b) Administration.--Except as provided in subsection (c), assistance required by subsection (a) shall be carried out by the Secretary in the State under the same terms and conditions as the special disaster relief programs carried out for producers that suffered from crop damage and tree losses, and carried out related cleanup, in certain areas of Florida due to Hurricanes Charley, Frances, and Jeanne during August and September 2004, as described in the notice of program implementation relating to Florida citrus, fruit, vegetable, and nursery crop disaster programs (69 Fed. Reg. 63134 (October 29, 2004)), with vegetable losses treated as citrus losses under this section for purposes of that program. (c) Uninsured Citrus Growers.-- (1) Limited assistance.--Subject to paragraph (2), citrus producers on a farm that did not obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses shall only be eligible for assistance under this section if the producers agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) not later than 180 days after the date of enactment of this Act providing additional coverage for the citrus crop of the producers for each of the next 3 crop years. (2) Amount of assistance.--Assistance under this section provided for citrus producers on a farm described in paragraph (1) shall not exceed 35 percent of the total amount of the documented losses of the producers. (3) Effect of violation.--In the event that citrus producers described in paragraph (1) fail to obtain a policy or plan of insurance in accordance with that paragraph, the producers shall reimburse the Secretary for the full amount of the assistance provided to the producers under this section. SEC. 102. DAIRY ASSISTANCE. The Secretary shall use $230,000,000 of funds of the Commodity Credit Corporation to make payments to dairy producers for dairy production losses during calendar year 2006 in disaster counties. SEC. 103. LIVESTOCK INDEMNITY PAYMENTS. (a) In General.--The Secretary shall use $80,000,000 of funds of the Commodity Credit Corporation to make livestock indemnity payments to producers on farms located in disaster counties that have incurred livestock losses during calendar year 2006 or 2007, or both, due to a disaster, as determined by the Secretary. (b) Payment Rates.--Indemnity payments to the producers on a farm under subsection (a) shall be made at a rate of not less than 30 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. SEC. 104. PAYMENT LIMITATION. Notwithstanding any other provision of law, assistance provided under this section to the producers on a farm (as defined by the Secretary) may not exceed $125,000 for each farm, ranch, processing plant, or dairy operation of the producers. TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM SEC. 201. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM. (a) Grants.-- (1) In general.--The Secretary shall use such funds as are necessary of funds of the Commodity Credit Corporation to make a grant to the State. (2) Requirement.--To be eligible to receive a grant under this subsection, the State shall agree to carry out an expedited disaster assistance program to provide grants to qualified small businesses in accordance with subsection (b). (b) Grants to Qualified Small Businesses.-- (1) In general.--In carrying out an expedited disaster assistance program described in subsection (a)(2), the State shall provide grants to eligible small businesses in the State that suffered material economic losses during the 2005, 2006, or 2007 crop year as a direct result of weather-related agricultural losses to the specialty crop or livestock production sectors of the State, as determined by the Secretary. (2) Eligibility.-- (A) In general.--To be eligible to receive a grant under paragraph (1), a small business shall-- (i) have less than $15,000,000 in average annual gross income from all business activities, at least 75 percent of which shall be directly related to production agriculture or agriculture support industries, as determined by the Secretary; (ii) verify the amount of economic loss attributable to weather-related agricultural losses using such documentation as the Secretary and the State may require; (iii) have suffered losses attributable to weather-related agricultural disasters that equal at least 15 percent of the total economic loss of the small business for each year a grant is requested; and (iv) demonstrate that the grant will materially improve the likelihood the business will-- (I) recover from the disaster; (II) continue to service and support production agriculture; and (III) replant agricultural production fields and groves. (3) Requirements.--A grant to a small business under this subsection shall-- (A) be limited to not more than 2 years of documented losses; (B) be in an amount of not more than 75 percent of the documented average economic loss attributable to weather-related agriculture disasters for each eligible year in the State; and (C) not exceed a total amount of $250,000 for each small business. (4) Insufficient funding.--If the grant funds received by the State under subsection (a) are insufficient to fund the grants of the State under this subsection, the State may apply a proportional reduction to all of the grants. TITLE III--FORESTRY SEC. 301. TREE ASSISTANCE PROGRAM. (a) Definition of Tree.--In this section, the term ``tree'' includes-- (1) a tree (including a Christmas tree, ornamental tree, nursery tree, and potted tree); (2) a bush (including a shrub, nursery shrub, nursery bush, ornamental bush, ornamental shrub, potted bush, and potted shrub); and (3) a vine (including a nursery vine and ornamental vine). (b) Program.--Except as otherwise provided in this section, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to-- (1) producers who suffered tree losses in disaster counties; and (2) fruit and tree nut producers in disaster counties. (c) Costs.--Funds made available under this section shall also be made available to cover costs associated with tree pruning, tree rehabilitation, and other appropriate tree-related activities as determined by the Secretary. (d) Scope of Assistance.--Assistance under this section shall compensate for losses resulting from disasters during calendar year 2005, 2006, or 2007, or any combination of those calendar years. TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS SEC. 401. UNEMPLOYMENT ASSISTANCE. The Secretary of Homeland Security shall use such sums as are necessary to provide unemployment assistance in accordance with section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177) to agricultural workers in the State (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters occurring in calendar year 2007, as determined by the Secretary. SEC. 402. FOOD COUPONS AND DISTRIBUTION. The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide food coupons and surplus commodities in accordance with section 412 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) to agricultural workers in the State (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters occurring in calendar year 2007, as determined by the Secretary. SEC. 403. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS. The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide emergency grants to assist low-income migrant and seasonal farmworkers in the State who are unemployed due to disasters occurring in calendar year 2007, as determined by the Secretary, in accordance with section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a). SEC. 404. TEMPORARY MORTGAGE RENTAL ASSISTANCE. For the period beginning on the date of enactment of this Act and ending 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall use such sums as are necessary to provide temporary mortgage rental assistance to agricultural workers in the State (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters occurring in calendar year 2007 under the same terms and conditions as the temporary mortgage rental assistance program under section 408(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)) (as in effect on the day before the effective date of the amendment made by section 206(a) of the Disaster Mitigation Act of 2000 (42 U.S.C. 5174 note; Public Law 106-390)). TITLE V--MISCELLANEOUS SEC. 501. LIMIT ON AMOUNT OF ASSISTANCE. The Secretary shall ensure, to the maximum extent practicable, that no producers on a farm receive duplicative payments under this Act and any other Federal program for the same loss. SEC. 502. FUNDING. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act (other than sections 401 and 404), to remain available until expended. SEC. 503. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. TITLE VI--EMERGENCY DESIGNATION SEC. 601. EMERGENCY DESIGNATION. The amounts provided under this Act are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). | Emergency Farm Assistance Act of 2007 - Directs the Secretary of Agriculture (Secretary) to provide assistance: (1) to producers of specialty crops in disaster counties that suffered losses in 2005 or 2006; (2) to citrus producers in disaster counties that suffered losses in 2007; (3) to producers of other specialty crops in disaster counties that suffered losses in 2007; (4) to dairy producers in disaster counties that suffered losses in 2006; and (5) for livestock indemnity payments to producers in disaster counties that incurred losses in 2006 or 2007, or both. Directs the Secretary to make grants to California for an expedited disaster assistance program to qualified small businesses that suffered losses during the 2005, 2006, or 2007 crop year as a result of weather-related agricultural losses to the California specialty crop or livestock production sectors. Directs the Secretary to provide assistance to tree or fruit and tree nut producers in disaster counties that suffered losses in 2005, 2006, or 2007, or any combination of such years. Defines "tree" to include: (1) a tree (including a Christmas tree, ornamental tree, nursery tree, and potted tree); (2) a bush (including a shrub, nursery shrub, nursery bush, ornamental bush, ornamental shrub, potted bush, and potted shrub); and (3) a vine (including a nursery vine and ornamental vine). Directs the Secretary of Homeland Security to provide unemployment assistance and temporary mortgage rental assistance to California agricultural workers (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters in 2007. Directs the Secretary to provide: (1) food coupons and surplus commodities to such workers; and (2) emergency grants for California low-income migrant and seasonal farmworkers who are unemployed due to disasters in 2007. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commemorative Coin Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Fund'' means the National Law Enforcement Officers Memorial Maintenance Fund established under section 201; (2) the term ``recipient organization'' means an organization described in section 101 to which surcharges received by the Secretary from the sale of coins issued under this Act are paid; and (3) the term ``Secretary'' means the Secretary of the Treasury. TITLE I--COMMEMORATIVE COIN PROGRAMS SEC. 101. COMMEMORATIVE COIN PROGRAMS. In accordance with the recommendations of the Citizens Commemorative Coin Advisory Committee, the Secretary shall mint and issue the following coins: (1) Bicentennial of united states.--On or before December 31, 1995, the Secretary shall mint not more than 25,000 $10 gold coins with specifications to be determined by the Secretary. (2) United nations and president truman.-- (A) In general.--To commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman in the founding of the United Nations, during a 1-year period beginning in 1996, the Secretary shall issue-- (i) not more than 75,000 $5 coins, each of which shall-- (I) weigh 8.359 grams; (II) have a diameter of 0.850 inches; and (III) contain 90 percent gold and 10 percent alloy; and (ii) not more than 350,000 $1 coins, each of which shall-- (I) weigh 26.73 grams; (II) have a diameter of 1.500 inches; and (III) contain 90 percent silver and 10 percent alloy. (B) Surcharges.--All sales of the coins issued under this subsection shall include a surcharge of $35 per coin for each $5 coin, and a surcharge of $10 per coin for each $1 coin. (C) Distribution of surcharges.--All surcharges received by the Secretary from the sale of coins issued under this subsection shall be promptly paid by the Secretary in accordance with the following: (i) Fifty percent of the surcharges received shall be paid to the Harry S. Truman Library Foundation. (ii) Fifty percent of the surcharges received shall be paid to the United Nations Association. (3) Smithsonian institution.-- (A) In general.--To commemorate the 150th anniversary of the founding of the Smithsonian Institution, during a 1-year period beginning in August 1996, the Secretary shall issue-- (i) not more than 100,000 $5 coins, each of which shall-- (I) weigh 8.359 grams; (II) have a diameter of 0.850 inches; and (III) contain 90 percent gold and 10 percent alloy; and (ii) not more than 800,000 $1 coins, each of which shall-- (I) weigh 26.73 grams; (II) have a diameter of 1.500 inches; and (III) contain 90 percent silver and 10 percent alloy. (B) Surcharges.--All sales of the coins issued under this subsection shall include a surcharge of $35 per coin for each $5 coin, and a surcharge of $10 per coin for each $1 coin. (C) Distribution of surcharges.--All surcharges received by the Secretary from the sale of coins issued under this subsection shall be promptly paid by the Secretary to the Smithsonian Institution to be used to support the National Numismatic Collection at the National Museum of American History. (D) Design.--The design of the coins issued under this subsection shall be emblematic of the scientific, educational, and cultural significance and importance of the Smithsonian Institution. Each coin issued under this subsection shall include an inscription of the following words from the original bequest of James Smithson: ``for the increase and diffusion of knowledge''. (4) Franklin delano roosevelt.-- (A) In general.--To commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C., which will honor President Roosevelt's leadership and legacy, during a 1-year period beginning in 1997, the Secretary shall issue not more than 100,000 $5 coins, each of which shall-- (i) weigh 8.359 grams; (ii) have a diameter of 0.850 inches; and (iii) contain 90 percent gold and 10 percent alloy. (B) Surcharges.--All sales of the coins issued under this subsection shall include a surcharge of $35 per coin. (C) Distribution of surcharges.--All surcharges received by the Secretary from the sale of coins issued under this subsection shall be promptly paid by the Secretary to the Franklin Delano Roosevelt Memorial Commission. (5) Yellowstone national park.-- (A) In general.--To commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first national park in the United States, and the birth of the national park idea, during a 1-year period beginning in 1997, the Secretary shall issue not more than 500,000 $1 coins, each of which shall-- (i) weigh 26.73 grams; (ii) have a diameter of 1.500 inches; and (iii) contain 90 percent silver and 10 percent alloy. (B) Surcharges.--All sales of the coins issued under this subsection shall include a surcharge of $10 per coin. (C) Distribution of surcharges.--All surcharges received by the Secretary from the sale of coins issued under this subsection shall be promptly paid by the Secretary in accordance with the following: (i) Fifty percent of the surcharges received shall be paid to the National Park Foundation to be used for the support of national parks. (ii) Fifty percent of the surcharges received shall be paid to Yellowstone National Park. (6) National law enforcement officers memorial.-- (A) In general.--To recognize the sacrifice of law enforcement officers and their families in preserving public safety, during a 1-year period beginning in 1997, the Secretary shall issue not more than 500,000 $1 coins, each of which shall-- (i) weigh 26.73 grams; (ii) have a diameter of 1.500 inches; and (iii) contain 90 percent silver and 10 percent alloy. (B) Surcharges.--All sales of the coins issued under this subsection shall include a surcharge of $10 per coin. (C) Distribution of surcharges.--After receiving surcharges from the sale of the coins issued under this subsection, the Secretary shall transfer to the Secretary of the Interior an amount equal to the surcharges received from the sale of the coins issued under this subsection, which amount shall be deposited in the Fund established under section 201. (D) Availability.--The coins issued under this subsection shall be available for issuance not later than May 1997. SEC. 102. DESIGN. (a) Selection.--The design for each coin issued under this Act shall be-- (1) selected by the Secretary after consultation with the appropriate recipient organization or organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (b) Designation and Inscriptions.--On each coin issued under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. SEC. 103. LEGAL TENDER. The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 104. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act from sources the Secretary determines to be appropriate, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 105. SALE PRICE. Each coin issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coin; (2) the surcharge provided in section 101 with respect to the coin; (3) the cost of designing and issuing the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (4) the estimated profit determined under section 106(b) with respect to the coin. SEC. 106. DETERMINATION OF COSTS AND PROFIT. (a) Determination of Costs.--With respect to the coins issued under this Act, the Secretary shall, on an ongoing basis, determine-- (1) the costs incurred in carrying out each coin program authorized under this Act; and (2) the allocation of overhead costs among all coin programs authorized under this Act. (b) Determination of Profit.--Prior to the sale of each coin issued under this Act, the Secretary shall calculate the estimated profit to be included in the sale price of the coin under section 105(4). SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS. Section 5112(j) of title 31, United States Code, shall apply to the procurement of goods or services necessary to carrying out the programs and operations of the United States Mint under this Act. SEC. 108. PROHIBITION ON JUDICIAL REVIEW. Each determination made by the Secretary in implementing a commemorative coin program under this Act shall be made in the sole discretion of the Secretary and shall not be subject to judicial review. SEC. 109. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each recipient organization as may be related to the expenditures of amounts paid under section 101. SEC. 110. FINANCIAL ASSURANCES. It is the sense of the Congress that each coin program authorized under this Act should be self-sustaining and should be administered so as not to result in any net cost to the Numismatic Public Enterprise Fund. TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND. (a) Establishment.-- (1) In general.--There is established the National Law Enforcement Officers Memorial Maintenance Fund, which shall be a revolving fund administered by the Secretary of the Interior (or the designee of the Secretary of the Interior). (2) Funding.--Amounts in the Fund shall include-- (A) amounts deposited in the Fund under section 101(6); and (B) any donations received under paragraph (3). (3) Donations.--The Secretary of the Interior may accept donations to the Fund. (4) Interest-bearing account.--The Fund shall be maintained in an interest-bearing account within the Treasury of the United States. (b) Purposes.--The Fund shall be used-- (1) for the maintenance and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add the names of law enforcement officers who have died in the line of duty to the National Law Enforcement Officers Memorial; (3) for the security of the National Law Enforcement Officers Memorial site, including the posting of National Park Service rangers and United States Park Police, as appropriate; (4) at the discretion of the Secretary of the Interior and in consultation with the Secretary and the Attorney General of the United States, who shall establish an equitable procedure between the Fund and such other organizations as may be appropriate, to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the National Law Enforcement Officers Memorial, the total annual amount of such scholarships not to exceed 10 percent of the annual income of the Fund; (5) for the dissemination of information regarding the National Law Enforcement Officers Memorial to the general public; (6) to administer the Fund, including contracting for necessary services, in an amount not to exceed the lesser of-- (A) 10 percent of the annual income of the Fund; or (B) $200,000 during any 1-year period; and (7) at the discretion of the Secretary of the Interior, in consultation with the Fund, for appropriate purposes in the event of an emergency affecting the operation of the National Law Enforcement Officers Memorial, except that, during any 1- year period, not more than $200,000 of the principal of the Fund may be used to carry out this paragraph. (c) Budget and Audit Treatment.--The Fund shall be subject to the budget and audit provisions of chapter 91 of title 31, United States Code. | TABLE OF CONTENTS: Title I: Commemorative Coin Programs Title II: National Law Enforcement Officers Memorial Maintenance Fund United States Commemorative Coin Act of 1995 - Title I: Commemorative Coin Programs - Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins. (Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Title II: National Law Enforcement Officers Memorial Maintenance Fund - Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Juvenile Justice and Delinquency Prevention Improvement Act''. SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. (a) Definitions.--Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-- (1) in paragraph (8), by striking ``an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior,''; (2) in paragraph (9)-- (A) by striking ``States or units of general local government'' and inserting ``States, units of general local government, or Indian tribes''; and (B) by striking ``States or units'' and inserting ``States, units, or Indian tribes''; (3) in paragraph (11), by striking ``any State, unit of local government, combination of such States or units'' and inserting ``any State, unit of general local government, Indian tribe, combination of 1 or more States, units of general local government, or Indian tribes''; (4) by striking paragraph (18) and inserting the following: ``(18) the term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;''; and (5) in paragraph (22), by inserting ``Indian tribe,'' after ``unit of local government,''. (b) Technical Amendment.--Part B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by striking the heading and inserting the following: ``Part B--Federal Assistance for State and Local Programs and Programs for Indian Tribes ``Subpart I--Federal Assistance for State and Local Programs''. (c) Elimination of Pass-Through for Indian Tribes.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) in paragraph (4), by inserting ``and Indian tribes'' after ``units of general local government''; (2) in paragraph (5)-- (A) in subparagraph (A), by striking the semicolon at the end and inserting ``, except that with respect to any cooperative program conducted with an Indian tribe, the participation of the Indian tribe shall be funded from the amounts made available under subpart II of this part; and''; (B) in subparagraph (B), by striking ``and'' at the end; and (C) by striking subparagraph (C); (3) in paragraph (6)-- (A) by inserting ``(A)'' before ``provide that''; (B) by striking ``programs funded under this part'' and inserting ``programs funded under this subpart''; (C) by striking the semicolon at the end and inserting ``; and''; and (D) by adding at the end the following: ``(B) with respect to any case in which an Indian tribe participates in a cooperative program under paragraph (5)(A), provide that the appropriate official of the governing body of an Indian tribe assign responsibility for the preparation and administration of the Indian tribe's part of the applicable State plan, or for the supervision of the preparation and administration of the Indian tribe's part of the State plan;''; (4) in paragraph (24), by striking ``and'' at the end; (5) in paragraph (25), by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: ``(26) provide assurance that, in carrying out the plan under this section, the State will take appropriate action to improve-- ``(A) communication between the State and units of general local government and Indian tribes; ``(B) cooperation between the State and units of general local government and Indian tribes; and ``(C) intergovernmental relationships between the State and units of general local government and Indian tribes; and ``(27) provide, as appropriate, a description and analysis of any disproportionate representation in the juvenile justice system of Native Americans (as that term is defined in section 16(10) of the National Museum of the American Indian Act (20 U.S.C. 80q-14(10))) including, if appropriate, any disproportionate representation of Alaska Natives (within the meaning of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) from-- ``(A) urban populations; and ``(B) populations that are not, as of the date of development of the plan, recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (d) Federal Assistance for Programs for Indian Tribes.--Part B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by adding at the end the following: ``Subpart II--Federal Assistance for Programs for Indian Tribes ``SEC. 221. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Administrator shall, by regulation, establish a program to provide direct grants to Indian tribes in accordance with this section. Each grant made under this section to an Indian tribe shall be used by the governing body of the Indian tribe-- ``(1) for planning, establishing, operating, coordinating, and evaluating projects for achieving compliance with the requirements specified in paragraphs (12)(A), (13), and (14) of section 223, and otherwise meeting any applicable requirements of this Act; and ``(2) for otherwise conducting activities to promote the improvement of the juvenile justice system of that Indian tribe. ``(b) Plans.--As part of an application for a grant under this section, an Indian tribe shall submit a plan for conducting activities described in subsection (a). The plan shall-- ``(1) provide evidence that the Indian tribe performs law enforcement functions (as determined by the Secretary of the Interior); ``(2) identify the juvenile justice and delinquency problems and juvenile delinquency prevention needs to be addressed by activities conducted by the Indian tribe in the area under the jurisdiction of the Indian tribe with assistance provided by the grant; ``(3) provide for fiscal control and accounting procedures that-- ``(A) are necessary to ensure the prudent use, proper disbursement, and accounting of funds received under this subchapter; and ``(B) are consistent with the requirements of section 232; and ``(4) contain such other information, and be subject to such additional requirements, as the Administrator may reasonably prescribe to ensure the effectiveness of the grant program under this subpart. ``(c) Factors for Consideration.--In awarding grants under this section, the Administrator shall consider-- ``(1) the resources that are available to each applicant that will assist, and be coordinated with, the overall juvenile justice system of the Indian tribe; and ``(2) for each Indian tribe that receives assistance under such a grant-- ``(A) the relative population of individuals under the age of 18; and ``(B) who will be served by the assistance provided by the grant. ``(d) Grant Awards.-- ``(1) In general.-- ``(A) Competitive awards.--Except as provided in paragraph (2), the Administrator shall annually award grants under this section on a competitive basis. The Administrator shall enter into a grant agreement with each grant recipient under this section that specifies the terms and conditions of the grant. ``(B) Period of grant.--The period of a grant awarded under this section shall be 1 year. ``(2) Exception.--In any case in which the Administrator determines that a grant recipient under this section has performed satisfactorily during the preceding year in accordance with an applicable grant agreement, the Administrator may-- ``(A) waive the requirement that the recipient be subject to the competitive award process described in paragraph (1); and ``(B) renew the grant for an additional grant period (as specified in paragraph (1)(B)). ``(3) Modifications of processes.--The Administrator may prescribe requirements to provide for appropriate modifications to the plan preparation and application process specified in this section for an application for a renewal grant under this subsection. ``SEC. 232. REPORTING REQUIREMENT. ``Each Indian tribe that receives a grant under section 231 is subject to the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the submission of a single-agency audit report required by chapter 75 of title 31, United States Code. ``SEC. 233. TECHNICAL ASSISTANCE. ``The Administrator shall establish a program to provide technical assistance to assist Indian tribes in carrying out the activities described in section 231(a). ``SEC. 234. COORDINATION WITH STATE ADVISORY GROUPS. ``In carrying out the programs under this subpart, the Administrator shall, not later than 180 days after the end of the fiscal year during which the Indian Juvenile Justice and Delinquency Prevention Improvement Act is enacted, and annually thereafter, issue a report to each advisory group established under a State plan under section 223(a)(3) that includes information relating to each grant awarded under section 231, including the amount of the grant. ``SEC. 235. RULE OF CONSTRUCTION. ``Nothing in this subpart may be construed to affect in any manner the jurisdiction of an Indian tribe with respect to land or persons in Alaska. ``SEC. 236. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Justice to carry out this subpart, $10,000,000 for each of fiscal years 1998 through 2001.''. | Indian Juvenile Justice and Delinquency Prevention Improvement Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to eliminate the pass-through of Federal assistance to Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to certain requirements applicable to the detention and confinement of juveniles. Requires that, with respect to any cooperative program conducted with an Indian tribe, the participation of the Indian tribe shall be funded from amounts made available under the program established by this Act to provide direct grants to Indian tribes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention, by regulation, to establish a program to provide direct grants to Indian tribes in accordance with this Act. Requires each grant made to an Indian tribe to be used by the governing body of the Indian tribe for: (1) establishing, operating, and evaluating projects for achieving compliance with certain requirements relating to juvenile detention, and otherwise meeting any applicable requirements of this Act; and (2) otherwise conducting activities to promote the improvement of the juvenile justice system of that Indian tribe. Requires an Indian tribe, as part of an application for a grant, to submit a specified plan for conducting activities described in the preceding. Directs the Administrator to: (1) annually award grants on a competitive basis; and (2) enter into a grant agreement with each grant recipient that specifies the terms and conditions of the grant. States that the period of a grant awarded shall be one year. Permits the Administrator, in any case in which the Administrator determines that a grant recipient has performed satisfactorily during the preceding year in accordance with an applicable grant agreement, to: (1) waive the requirement that the recipient be subject to the competitive award process described; and (2) renew the grant for an additional grant period. Makes each Indian tribe that receives a grant subject to a specified reporting requirement. Directs the Administrator to: (1) establish a program to provide technical assistance to assist Indian tribes in carrying out the activities described; and (2) after the end of the fiscal year during which this Act is enacted, and annually thereafter, issue a report to each advisory group established under a State plan that includes information relating to each grant awarded, including the amount of the grant. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Price and Supply Information Act of 1993''. SEC. 2. SURVEY OF FUEL PRICES AND INVENTORIES. (a) In General.--The Administrator of the Energy Information Administration of the Department of Energy shall conduct and publish surveys of-- (1) wholesale and retail prices and primary and secondary inventory levels of home heating fuel on a national, State, and PADD basis; (2) wholesale prices and primary inventory levels of home heating fuel on a company-by-company basis (without identifying the names of such companies); (3) wellhead and citygate prices of natural gas by major interstate pipeline; (4) inventory levels of working natural gas and base natural gas held in underground storage by interstate and intrastate operator; (5) wholesale and retail prices and primary and secondary inventory levels of automotive fuel on a national, State, and PADD basis; and (6) wholesale prices and primary inventory levels of automotive fuel on a company-by-company basis (without identifying the names of such companies). (b) Frequency of Surveys.-- (1) Home heating fuel and natural gas.--The surveys described in paragraphs (1), (2), (3), and (4) of subsection (a) shall be conducted and published weekly during each winter heating season beginning with the first winter heating season following the date of enactment of this Act. (2) Automotive fuel.--The surveys described in paragraphs (5) and (6) of subsection (a) shall be conducted and published weekly throughout each year beginning 6 months after the date of enactment of this Act. SEC. 3. RECOMMENDED ADEQUATE INVENTORY LEVELS. (a) In General.--The Secretary shall, after consultation with the Administrator of the Energy Information Administration and State energy offices, establish recommended adequate inventory levels for home heating fuel, natural gas, and automotive fuel in accordance with this section. Such levels shall constitute the amount of inventories necessary to prevent substantial disruptions in supply or substantial price increases and shall exceed levels regarded as minimum operating levels, below which operating problems and shortages would appear in the national distribution system. (b) Home Heating Fuel.--In the case of home heating fuel, such levels shall be established for primary and secondary inventories on a national, state, and PADD basis. Such levels shall be established before each winter heating season and remain in effect for that season. (c) Natural Gas.--In the case of natural gas, such level shall be established on a national basis for natural gas held in underground storage. Such level shall be established before each winter heating season and remain in effect for that season. (d) Automotive Fuel.--In the case of automotive fuel, such levels shall be established for primary and secondary inventories on a national and PADD basis. Such levels shall be established for each 6 month period beginning 6 months after the date of enactment of this Act. SEC. 4. NOTIFICATION OF INVENTORY LEVELS. (a) Home Heating Fuel and Natural Gas.-- (1) Preseason notification.--Not later than October 1 of each year, the Secretary shall notify the Congress, the President, and State energy offices concerning whether inventories of home heating fuel and natural gas meet the recommended adequate inventory levels established under section 3 for the winter heating season beginning that October 1. (2) Supplemental notifications.--If, at any time during any winter heating season, inventories of home heating fuel or natural gas fall below the recommended adequate inventory levels established under section 3 for that winter heating season, the Secretary shall notify the Congress, the President, and the State energy office of any State concerned, and shall make recommendations for legislative and administrative actions necessary to restore inventories to such recommended adequate levels. (b) Automotive Fuel.--If, at any time, inventories of automotive fuel fall below the recommended adequate inventory levels established under section 3 for that 6 month period, the Secretary shall notify the Congress, the President, and the State energy office of any State concerned, and shall make recommendations for legislative and administrative actions necessary to restore inventories to such recommended adequate levels. SEC. 5. REPORT ON INTERRUPTIBLE NATURAL GAS CONTRACTS. The Secretary shall conduct a study of the effect, if any, of interruptible natural gas contracts on the demand and supply of home heating fuel during the 1989-1990 winter heating season. The Secretary shall issue a report on the findings of the study no later than 6 months after the date of enactment of this Act. The report shall include any recommendations concerning alternate fuel storage requirements for holders of interruptible natural gas contracts and recommendations concerning other matters relevant to the purposes of this Act. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the term ``home heating fuel'' means home heating oil, propane, and diesel fuel; (2) the term ``PADD'' means Petroleum Administration Defense District; (3) the term ``primary inventory'' means manufacturer inventory; (4) the term ``secondary inventory'' means bulk plant, wholesaler, and retailer inventory; (5) the term ``Secretary'' means the Secretary of Energy; and (6) the term ``winter heating season'' means the period beginning on October 1 of a year and ending on April 30 of the following year. | Energy Price and Supply Information Act of 1993 - Directs the Administrator of the Energy Information Administration of the Department of Energy to conduct and publish weekly surveys on a national, State, and PADD (Petroleum Administration Defense District) basis during each winter season with respect to: (1) home heating fuel; (2) natural gas; and (3) automotive fuel. Directs the Secretary of Energy to establish on such bases recommended adequate inventory levels for home heating fuel, natural gas, and automotive fuel. Requires the Secretary to: (1) notify the Congress, the President, and State energy offices before October 1 of each year whether such inventory levels will be met for the winter heating season; and (2) recommend legislative and administrative actions necessary to restore inadequate inventories if they fall below recommended levels. Requires the Secretary to study and report on the effect of interruptible natural gas contracts on the demand and supply of home heating fuel during the 1989-1990 winter heating season. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Minors Protection and Cyberspace Technology Act''. SEC. 2. COMPUTER SOFTWARE REQUIRED. (a) Installation Required.--Any elementary or secondary school or public library that has received under any program or activity of any Federal agency any funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet, or that has received universal service assistance under section 254(h)(1)(B) of the Communications Act of 1934 for accessing the Internet on any computer that is accessible to minors, shall-- (1) install software on that computer that is determined (in accordance with subsection (b)) to be adequately designed to prevent minors from obtaining access to any obscene information or child pornography using that computer; and (2) ensure that such software is operational whenever that computer is used by minors, except that such software's operation may be temporarily interrupted to permit a minor to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution under the direct supervision of an adult designated by such school or library. (b) Determination of Adequate Design.--For any elementary or secondary school or public library within the jurisdiction of any State, the determinations required for purposes of subsection (a)(1) shall be made by an agency or official designated by the chief executive officer of such State. For any elementary or secondary school or public library that is not within the jurisdiction of any State, the determinations required for purposes of subsection (a)(1) shall be made by the Secretary of Education. (c) Consequences of Violations.-- (1) Use of general education provisions act remedies.-- Whenever the head of any Federal agency has reason to believe that any recipient of funds under any program or activity is failing to comply substantially with the requirements of subsection (a), the head of such agency may-- (A) withhold further payments under that program or activity, (B) issue a complaint to compel compliance through a cease and desist order, or (C) enter into a compliance agreement with a recipient to bring it into compliance, in the same manner as the Secretary of Education is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act (20 U.S.C. 1234d). (2) Recovery of funds prohibited.--The actions authorized by paragraph (1) are the exclusive remedies available with respect to a violation of subsection (a), and the head of any Federal agency shall not seek a recovery of funds from the recipient. (d) Definitions.--For purposes of this section: (1) Elementary or secondary school.--The term ``elementary or secondary school'' means an elementary school or a secondary school as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Public library.--The term ``public library'' means has the meaning given the term ``library'' by section 213 of the Library Services and Technology Act (20 U.S.C. 9122). (3) Computer.--The term ``computer'' includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. (4) Access to internet.--A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network which has access to the Internet. (5) Acquisition or operation.--A elementary or secondary school or public library shall be considered to have received under a program or activity of any Federal agency any funds for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly-- (A) to purchase, lease, or otherwise acquire or obtain the use of such computer, or (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. (6) Federal agency.--The term ``Federal agency'' has the meaning given the term `agency' by section 551(1) of title 5, United States Code. (7) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (8) Child pornography.--The term ``child pornography'' has the meaning provided in section 2256(8) of title 18, United States Code. | Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution. Requires determinations of adequate design to be made by an agency or official designated by the State Governor. Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Relief Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Medical liability insurance premiums are soaring to the highest rates since the mid-1980s. (2) The average increase for 2001 was approximately 15 percent, and it is predicted that rates could rise as much as 50 percent this year for some specialties in some regions. (3) Some of the largest insurers are raising rates more than 30 percent in many States. (4) In 1999, jury awards in claims cases jumped 7 percent compared to the previous year. In addition, according to Jury Verdict Research, it cost 30 percent more to settle a suit than it did just a year before in 1998. (5) About 45 percent of the jury awards in 1998-99 were for that amount or more, up from 39 percent during the preceding 12 months. (6) Physicians in West Virginia, New York, Pennsylvania, Mississippi, Florida, and other southeastern States are already in crisis. In New York and Florida, obstetricians, gynecologists, and surgeons routinely pay more than $100,000 a year for $1,000,000 coverage. Some are paying more than $200,000. (b) Purpose.--It is the purpose of this Act to implement health care liability reforms designed to-- (1) protect access of all Americans to good health care and competent physicians; and (2) relieve the undue burden on physicians that is created by excessive medical malpractice claims and judgments. SEC. 3. PUNITIVE DAMAGES. (a) In General.--Punitive damages may, if otherwise permitted by applicable State or Federal law, be awarded against any person in a health care lawsuit only if it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer. In any health care lawsuit where no judgment for compensatory damages is rendered against such person, no punitive damages may be awarded with respect to the claim in such lawsuit. No demand for punitive damages shall be included in a health care lawsuit as initially filed. A court may allow a claimant to file an amended pleading for punitive damages only upon a motion by the claimant and after a finding by the court, upon review of supporting and opposing affidavits, or after a hearing, after weighing the evidence, that the claimant has established by a substantial probability that the claimant will prevail on the claim for punitive damages. At the request of any party in a health care lawsuit, the trier of fact shall consider in a separate proceeding-- (1) whether punitive damages are to be awarded and the amount of such award; and (2) the amount of punitive damages following a determination of punitive liability. If a separate proceeding is requested, evidence relevant only to the claim for punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. (b) Determining Amount of Punitive Damages.-- (1) Factors considered.--In determining the amount of punitive damages, the trier of fact shall consider only the following: (A) The severity of the harm caused by the conduct of such party. (B) The duration of the conduct or any concealment of it by such party. (C) The profitability of the conduct to such party. (D) The number of products sold or medical procedures rendered for compensation, as the case may be, by such party, of the kind causing the harm complained of by the claimant. (E) Any criminal penalties imposed on such party, as a result of the conduct complained of by the claimant. (F) The amount of any civil fines assessed against such party as a result of the conduct complained of by the claimant. (2) Maximum award.--The amount of punitive damages awarded in a health care lawsuit may be up to as much as two times the amount of economic damages awarded or $250,000, whichever is greater. The jury shall not be informed of this limitation. SEC. 4. TAX CREDIT FOR MEDICAL MALPRACTICE LIABILITY INSURANCE PREMIUMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. MEDICAL MALPRACTICE LIABILITY INSURANCE PREMIUMS. ``(a) In General.--For purposes of section 38, the medical malpractice liability insurance premium credit determined under this section is the amount paid or incurred during the taxable year for medical malpractice liability insurance coverage for the medical malpractice liability of a physician who is the taxpayer or any employee of the taxpayer. ``(b) Limitation.--The credit allowed by subsection (a) for any taxable year shall not exceed $2,000 with respect to each covered physician.'' (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the medical malpractice liability insurance premium credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the medical malpractice liability insurance premium credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Credit for Medical Malpractice Liability Insurance Premiums.-- ``(1) In general.--No deduction shall be allowed for that portion of the medical malpractice liability insurance premiums otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45G (determined without regard to section 38(c)). ``(2) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).''. (e) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Medical malpractice liability insurance premiums.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act in taxable years ending after such date. | Physician Relief Act of 2003 - Sets forth rules governing punitive damages in health care lawsuits.Amends the Internal Revenue Code to allow a limited credit for medical malpractice liability insurance premiums. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gestational Diabetes Act of 2010'' or the ``GEDI Act''. SEC. 2. GESTATIONAL DIABETES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding after section 317H the following: ``SEC. 317H-1. GESTATIONAL DIABETES. ``(a) Understanding and Monitoring Gestational Diabetes.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Diabetes Mellitus Interagency Coordinating Committee established under section 429 and representatives of appropriate national health organizations, shall develop a multisite gestational diabetes research project within the diabetes program of the Centers for Disease Control and Prevention to expand and enhance surveillance data and public health research on gestational diabetes. ``(2) Areas to be addressed.--The research project developed under paragraph (1) shall address-- ``(A) procedures to establish accurate and efficient systems for the collection of gestational diabetes data within each State and commonwealth, territory, or possession of the United States; ``(B) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and State health departments with respect to the standard birth certificate, in order to improve surveillance of gestational diabetes; ``(C) postpartum methods of tracking women with gestational diabetes after delivery as well as targeted interventions proven to lower the incidence of type 2 diabetes in that population; ``(D) variations in the distribution of diagnosed and undiagnosed gestational diabetes, and of impaired fasting glucose tolerance and impaired fasting glucose, within and among groups of women; and ``(E) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth, including cultural, behavioral, racial, ethnic, geographic, demographic, socioeconomic, and genetic factors. ``(3) Report.--Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Secretary shall generate a report on the findings and recommendations of the research project including prevalence of gestational diabetes in the multisite area and disseminate the report to the appropriate Federal and non-Federal agencies. ``(b) Expansion of Gestational Diabetes Research.-- ``(1) In general.--The Secretary shall expand and intensify public health research regarding gestational diabetes. Such research may include-- ``(A) developing and testing novel approaches for improving postpartum diabetes testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and ``(B) conducting public health research to further understanding of the epidemiologic, socioenvironmental, behavioral, translation, and biomedical factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each fiscal year 2012 through 2016. ``(c) Demonstration Grants to Lower the Rate of Gestational Diabetes.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants, on a competitive basis, to eligible entities for demonstration projects that implement evidence- based interventions to reduce the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes. ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to projects focusing on-- ``(A) helping women who have 1 or more risk factors for developing gestational diabetes; ``(B) working with women with a history of gestational diabetes during a previous pregnancy; ``(C) providing postpartum care for women with gestational diabetes; ``(D) tracking cases where women with a history of gestational diabetes developed type 2 diabetes; ``(E) educating mothers with a history of gestational diabetes about the increased risk of their child developing diabetes; ``(F) working to prevent gestational diabetes and prevent or delay the development of type 2 diabetes in women with a history of gestational diabetes; and ``(G) achieving outcomes designed to assess the efficacy and cost-effectiveness of interventions that can inform decisions on long-term sustainability, including third-party reimbursement. ``(3) Application.--An eligible entity desiring to receive a grant under this subsection shall submit to the Secretary-- ``(A) an application at such time, in such manner, and containing such information as the Secretary may require; and ``(B) a plan to-- ``(i) lower the rate of gestational diabetes during pregnancy; or ``(ii) develop methods of tracking women with a history of gestational diabetes and develop effective interventions to lower the incidence of the recurrence of gestational diabetes in subsequent pregnancies and the development of type 2 diabetes. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use the grant funds to carry out demonstration projects described in paragraph (1), including-- ``(A) expanding community-based health promotion education, activities, and incentives focused on the prevention of gestational diabetes and development of type 2 diabetes in women with a history of gestational diabetes; ``(B) aiding State- and tribal-based diabetes prevention and control programs to collect, analyze, disseminate, and report surveillance data on women with, and at risk for, gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and, for women with a history of gestational diabetes, the development of type 2 diabetes; and ``(C) training and encouraging health care providers-- ``(i) to promote risk assessment, high- quality care, and self-management for gestational diabetes and the recurrence of gestational diabetes in subsequent pregnancies; and ``(ii) to prevent the development of type 2 diabetes in women with a history of gestational diabetes, and its complications in the practice settings of the health care providers. ``(5) Report.--Not later than 4 years after the date of the enactment of this section, the Secretary shall prepare and submit to the Congress a report concerning the results of the demonstration projects conducted through the grants awarded under this subsection. ``(6) Definition of eligible entity.--In this subsection, the term `eligible entity' means a nonprofit organization (such as a nonprofit academic center or community health center) or a State, tribal, or local health agency. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each fiscal year 2012 through 2016. ``(d) Postpartum Follow-up Regarding Gestational Diabetes.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with the State- and tribal-based diabetes prevention and control programs assisted by the Centers to encourage postpartum follow-up after gestational diabetes, as medically appropriate, for the purpose of reducing the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, the development of type 2 diabetes in women with a history of gestational diabetes, and related complications.''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk. | Gestational Diabetes Act of 2010 or the GEDI Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a multisite gestational diabetes research project within the diabetes program of the CDC to expand and enhance surveillance data and public health research on gestational diabetes. Requires such research project to address: (1) procedures to establish accurate and efficient systems for the collection of gestational diabetes data; (2) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and state health departments to improve surveillance of gestational diabetes; (3) postpartum methods of tracking women with gestational diabetes after delivery and targeted interventions to lower the incidence of type 2 diabetes in such women; (4) variations in the distribution of diagnosed and undiagnosed gestational diabetes; and (5) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth. Requires the Secretary, not later than two years after the enactment of this Act, to report on the findings and recommendations of the research project. Requires the Secretary to expand and intensify public health research on gestational diabetes, including; (1) developing and testing novel approaches for improving postpartum testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and (2) conducting research to further understanding of the factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes. Requires the Secretary, acting through the Director of the CDC, to: (1) award grants on a competitive basis for demonstration projects that implement evidence-based interventions to reduce the incidence of gestational diabetes, the recurrence of such disease in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes; and (2) report to Congress, not later than four years after the enactment of this Act, on the results of the demonstration projects. Sets forth priorities for awarding grants and requirements for the use of grant funds for carrying out demonstration projects. Requires the Secretary, acting through the Director of the CDC, to work with state and Indian tribal-based diabetes prevention and control programs assisted by the CDC to encourage postpartum follow-up after gestational diabetes to reduce the incidence of gestational diabetes and its recurrence, the development of type 2 diabetes in at-risk women, and related complications. Authorizes appropriations for FY2012-FY2016. |
SECTION 1. CREDIT FOR PAYMENTS OR CONTRIBUTIONS TO CERTAIN COOPERATIVE RESEARCH ORGANIZATIONS. (a) Allowance of Research Credit.--Section 41(a) of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 50 percent of the qualified cooperative research expenditures (as defined in subsection (h)) for the taxable year. (b) Qualified Cooperative Research Expenditures Defined.--Section 41 of such Code is amended by redesignating subsection (h) as subsection (i) and by adding after subsection (g) the following new subsection: ``(h) Qualified Cooperative Research Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified cooperative research expenditures' means the aggregate amount of qualified contributions to qualified cooperative research consortia for qualified research. ``(2) Qualified contributions.--For purposes of this subsection-- ``(A) In general.--Subject to the limitations of subparagraphs (B), (C), and (D), the term `qualified contributions' means all contributions to qualified cooperative research consortia for qualified research with respect to which the taxpayer elects to have this subsection apply. ``(B) Private source funding limitation.-- ``(i) In general.--Qualified contributions of a taxpayer shall not exceed the amount which bears the same ratio to qualified contributions (determined without regard to this subparagraph) as the private source funding ratio. ``(ii) Private source funding ratio.--For purposes of clause (i), the private source funding ratio is the sum of-- ``(I) 50 percent of the ratio which the gross receipts of the organization (not including the amount of any governmental support) for the preceding taxable year bears to the total gross receipts of the organization for such taxable year, plus ``(II) 30 percent of such ratio for the second preceding taxable year, plus ``(III) 20 percent of such ratio for the third preceding taxable year. ``(C) Limitations.--For purposes of this subsection, the following shall not be taken into account in determining qualified contributions: ``(i) Contributions representing costs allocated to services performed by a taxpayer's employees to the extent they exceed cash contributions. ``(ii) Contributions representing overhead allocated to services performed by a taxpayer's employees to the extent such overhead exceeds 25 percent of the salary and benefit amounts allocated to such services. ``(iii) Contributions by a taxpayer to a qualified cooperative research consortium to the extent they exceed one-third of the consortium's total nongovernmental support for the consortium's taxable year with or within which the taxpayer's taxable year ends. ``(D) Consortium with fewer than 5 participants.-- If a qualified cooperative research consortium has less than 5 persons making nongovernmental contributions, the qualified contributions of each such person (determined without regard to this subparagraph or subparagraph (B)) shall be reduced-- ``(i) by 20 percent if there are 4 such persons, or ``(ii) by 40 percent if there are 3 such persons. ``(3) Qualified cooperative research consortium.--The term `qualified cooperative research consortium' means any organization-- ``(A) which is registered under the National Cooperative Research Act of 1984, but only if such registration has been published (and is in effect) on the last day of the organization's taxable year with or within which the taxpayer's taxable year ends, and ``(B) which during such taxable year-- ``(i) had at least 5 contributors, but only if-- ``(I) no 3 members contributed more than 80 percent of total nongovernmental contributions, and ``(II) no single member contributed more than 50 percent of total nongovernmental contributions, or ``(ii) had either 3 or 4 contributors, but only if-- ``(I) no single member contributed more than 50 percent (and no 2 members contributed more than 85 percent) of the total nongovernmental contributions, and ``(II) the contributors are engaged in the same trade or business. ``(4) Special rules.--For purposes of this subsection-- ``(A) Noncash contributions.--Qualified contributions other than cash (including services provided by a taxpayer's employees) shall be taken into account at their cost (or such other basis determined under regulations). ``(B) Overhead.--The cost of services provided by a taxpayer's employees shall include overhead properly allocable to such services. ``(5) No double benefit.--Amounts taken into account under this subsection in computing qualified cooperative research expenditures shall not be taken into account under subsection (a) (1) or (2). ``(6) Prepaid amounts.--If any contributions paid or incurred during the taxable year to qualified cooperative research consortia are attributable to qualified research to be conducted after the close of the taxable year, such amount shall be treated as paid or incurred during the period which the qualified research is conducted. ``(7) Reports.--Each qualified cooperative research consortium shall provide to the Secretary a report containing-- ``(A) its certification as such an organization, ``(B) its private source funding ratio, and ``(C) such other information as the Secretary may require. Each consortium shall provide a copy of the report to each contributor.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. | Amends the Internal Revenue Code to allow a tax credit for a percentage of contributions to qualified cooperative research organizations for qualified cooperative research expenditures. |
66 which created National Statuary Hall from the Old Hall of the U.S. House of Representatives and authorized the President of the United States to invite States to submit two statues of worthy citizens to be exhibited, which continues as a daily inspiration to the thousands of visitors to the United States Capitol. (8) As chairman of the Committee on Buildings and Grounds, Morrill served as principal advocate for the construction and financing of the Thomas Jefferson Building of the Library of Congress; for inviting Frederick Law Olmstead to design the present landscape of the Capitol; for planning the location of the United States Supreme Court Building; for raising funds to complete the Washington Monument; and for championing the Smithsonian Institution. (9) In delivering his last speech as Senator just two weeks before his death, Morrill noted that the location of the United States Supreme Court in close proximity to the United States Capitol and the Library of Congress ``would form a harmonious group of large public structures on Capitol Hill of unequaled grandeur, and will be appreciated by the American people forever''. (10) In his 1882 book ``Self-Consciousness of Noted Persons'', Morrill concluded, ``The spur to acquire some future reputation, to be earned by conscious fidelity, keeps the work of men always at its best, the mechanic at the top of his skill, the merchant ever mindful of the upright and downright in trade; the pulpit and the bar it pushes on to effort and to eloquence; it makes the soldier brave in battle, the politician ashamed not be a patriot, and the statesman unwilling to give up to party what was meant for mankind.''. (11) After Morrill died on December 28, 1898, eulogies extolled Morrill's leadership, integrity and good-will, including the comments of Senator George Graham Vest of Missouri who stated, ``If all those to whom he did acts of kindness could whisper across his grave, it would make an anthem sweeter and more sonorous than any that ever pealed through cathedral aisle'' and those of Senator George Hoar of Massachusetts who recalled that Justin Morrill, ``knew in his youth the veterans of the Revolution and the generation who declared independence and framed the Constitution . . . . He knew the whole history of his country from the time of her independence, partly from the lips of those who shaped it, partly because of the large share he had in it himself.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Justin Smith Morrill in recognition of his lasting contributions to higher education opportunity for all Americans. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with-- (1) an inscription stating ``A Statesman who did not give up to party what was intended for humankind''; and (2) suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian.-- (1) In general.--Following the award of the gold medal in honor of Justin Smith Morrill under subsection (a), the gold medal shall be given to the Smithsonian, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian should make the gold medal received under paragraph (1) available for display or for loan as appropriate so that it may be displayed elsewhere, particularly at other appropriate locations associated with the life of Justin Smith Morrill. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | Justin Smith Morrill Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the posthumous presentation of a Congressional Gold Medal in commemoration of Justin Smith Morrill's lasting contributions to higher education opportunity for all Americans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Development Investment Act of 2017''. SEC. 2. CREDIT FOR EMPLOYERS WHICH PARTNER WITH EDUCATIONAL INSTITUTIONS TO IMPROVE WORKFORCE DEVELOPMENT AND JOB TRAINING FOR STUDENTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYERS PARTNERING WITH EDUCATIONAL INSTITUTIONS TO IMPROVE WORKFORCE DEVELOPMENT AND JOB TRAINING FOR STUDENTS. ``(a) General Rule.--For purposes of section 38, the employer partnering credit determined under this section for any taxable year is an amount equal to $5,000 for each qualified educational institution engaged in a qualified partnership with the employer. ``(b) Maximum Credit.-- ``(1) In general.--The maximum credit determined under this section for the taxable year shall not exceed $20,000. ``(2) Controlled groups.--For purposes of paragraph (1), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single taxpayer. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified educational institution.--The term `qualified educational institution' means any community college, any other institution of higher education, and any area career and technical education school. ``(2) Community college.--The term `community college' means an institution of higher education that-- ``(A) admits as a regular student an individual who is beyond the age of compulsory school attendance in the State in which the institution is located and who has the ability to benefit from the training offered by the institution, and ``(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge. ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(4) Area career and technical education school.--The term `area career and technical education school' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. 2302). ``(5) Qualified partnership.--Not later than six months after the date of the enactment of this section, the Secretary of Education, in consultation with the Secretary of Labor, shall define the term `qualified partnership'. Such term shall include a partnership through which-- ``(A) an employer collaborates with an educational institution to help develop curriculum in order to improve workforce development and job training for students, ``(B) an employer helps provide instruction to students in the classroom, and ``(C) an employer provides internships, apprenticeships, or other similar educational opportunities in the workplace for students. ``(d) Certain Rules To Apply.--For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the employer partnering credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employers partnering with educational institutions to improve workforce development and job training for students.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER TRAINING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended by adding at the end the following new section: ``SEC. 45T. CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER TRAINING. ``(a) In General.--For purposes of section 38, in the case of any employer, the worker training tax credit determined under this section with respect to any eligible employee of the employer is an amount equal to the lesser of-- ``(1) 50 percent of the job training program expenditures of the taxpayer with respect to such employee during the taxable year, or ``(2) $5,000. ``(b) Job Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `job training program expenses' means amounts paid or incurred by the employer for expenses incurred by or on behalf of an eligible employee for participation in a qualified training program. ``(2) Qualified training program.--The term `qualified training program' means-- ``(A) a qualified partnership (as defined in section 45S(c)(5)), or ``(B) an apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50). ``(c) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of the employer who, while participating in the qualified training program, is-- ``(1) employed on average at least 40 hours of service per week, or ``(2) in the case of a qualified training program which a qualified partnership (as defined in section 45S(c)(5)), meets such hourly work requirements as may be specified by the Secretary of Education in connection with such partnership. ``(d) Recapture of Credit for Employee Not Performing Minimum Service.-- ``(1) In general.--In the case of any employee with respect to whom a credit is allowed under this section and whose employment is terminated by the employer (other than by reason of such employee's gross misconduct) before the end of the 2- year period beginning on the first day of the employee's study or training with respect to which a credit is allowed under this section, the tax of the taxpayer under this chapter for the taxable year during which such termination occurs shall be increased by an amount equal to-- ``(A) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the job training program expenses with respect to such employee had been zero, multiplied by ``(B) the inclusion ratio. ``(2) Inclusion ratio.--For purposes of this subsection, the inclusion ratio is the ratio which-- ``(A) an amount equal to the difference of-- ``(i) the number of days in the 2-year period, over ``(ii) the number of days such employee was employed by the employer during such 2-year period, bears to ``(B) the number of days in the 2-year period. ``(e) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code, as amended by the preceding provisions of this Act, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the worker training tax credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45T. Credit for employers who engage in qualified worker training.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Workforce Development Investment Act of 2017 This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $5,000 for each community college, other institution of higher education, or area career and technical education school engaged in a qualified partnership with the employer. The bill allows a maximum credit of $20,000 in any taxable year. Within six months of the enactment of this bill, the Department of Education must define the term "qualified partnership." The term must include a partnership through which an employer: (1) collaborates with an educational institution to help develop curriculum in order to improve workforce development and job training for students; (2) helps provide instruction to students in the classroom; and (3) provides internships, apprenticeships, or other similar educational opportunities in the workplace for students. This bill also allows employers a worker training tax credit equal to the lesser of: 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or $5,000. A "qualified training program" is: (1) a qualified partnership, or (2) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterinary Services Investment Act''. SEC. 2. VETERINARY SERVICES GRANT PROGRAM. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A (7 U.S.C. 3151a) the following: ``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Qualified entity.--The term `qualified entity' means-- ``(A) a for-profit or nonprofit entity located in the United States that operates a veterinary clinic providing veterinary services-- ``(i) in a rural area, as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)); and ``(ii) in response to a veterinarian shortage situation; ``(B) a State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; ``(C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association; ``(D) a university research foundation or veterinary medical foundation; ``(E) a department of veterinary science or department of comparative medicine accredited by the Department of Education; ``(F) a State agricultural experiment station; and ``(G) a State, local, or tribal government agency. ``(2) Veterinarian shortage situation.--The term `veterinarian shortage situation' means a veterinarian shortage situation determined by the Secretary under section 1415A(b). ``(b) Establishment of Program.-- ``(1) Competitive grants.--The Secretary shall carry out a program to make competitive grants to qualified entities that carry out programs or activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. ``(2) Eligibility requirements.--To be eligible to receive a grant described paragraph (1), a qualified entity shall carry out programs or activities that the Secretary determines will-- ``(A) substantially relieve veterinarian shortage situations; ``(B) support or facilitate private veterinary practices engaged in public health activities; or ``(C) support or facilitate the practices of veterinarians who are participating in or have successfully completed a service requirement under section 1415A(a)(2). ``(c) Award Processes and Preferences.-- ``(1) Application, evaluation, and input processes.--In administering the grant program under this section, the Secretary shall-- ``(A) use an appropriate application and evaluation process, as determined by the Secretary; and ``(B) seek the input of interested persons. ``(2) Grant preferences.--In selecting recipients of grants to be used for any of the purposes described in paragraphs (2) through (6) of subsection (d), the Secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities, with respect to any such purpose. ``(3) Additional preferences.--In awarding grants under this section, the Secretary may develop additional preferences by taking into account the amount of funds available for grants and the purposes for which the grant funds will be used. ``(4) Applicability of other provisions.--Sections 1413B, 1462(a), 1469(a)(3), 1469(c), and 1470 apply to the administration of the grant program under this section. ``(d) Use of Grants To Relieve Veterinarian Shortage Situations and Support Veterinary Services.--A qualified entity may use funds provided by grants under this section to relieve veterinarian shortage situations and support veterinary services for the following purposes: ``(1) To assist veterinarians with establishing or expanding practices for the purpose of-- ``(A) equipping veterinary offices; ``(B) sharing in the reasonable overhead costs of the practices, as determined by the Secretary; or ``(C) establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs. ``(2) To promote recruitment (including for programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology. ``(3) To allow veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses described in 1415A(c)(5)) to attend training programs in food safety or food animal medicine. ``(4) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine. ``(5) To assess veterinarian shortage situations and the preparation of applications submitted to the Secretary for designation as a veterinarian shortage situation under section 1415A(b). ``(6) To provide continuing education and extension, including veterinary telemedicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. ``(e) Special Requirements for Certain Grants.-- ``(1) Terms of service requirements.-- ``(A) In general.--Grants provided under this section for the purpose specified in subsection (d)(1) shall be subject to an agreement between the Secretary and the grant recipient that includes a required term of service for the recipient, as established by the Secretary. ``(B) Considerations.--In establishing a term of service under subparagraph (A), the Secretary shall consider only-- ``(i) the amount of the grant awarded; and ``(ii) the specific purpose of the grant. ``(2) Breach remedies.-- ``(A) In general.--An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the grant recipient, including repayment or partial repayment of the grant funds, with interest. ``(B) Waiver.--The Secretary may grant a wavier of the repayment obligation for breach of contract if the Secretary determines that the grant recipient demonstrates extreme hardship or extreme need. ``(C) Treatment of amounts recovered.--Funds recovered under this paragraph shall-- ``(i) be credited to the account available to carry out this section; and ``(ii) remain available until expended. ``(f) Cost-Sharing Requirements.-- ``(1) Recipient share.--Subject to paragraph (2), to be eligible to receive a grant under this section, a qualified entity shall provide matching non-Federal funds, either in cash or in-kind support, in an amount equal to not less than 25 percent of the Federal funds provided by the grant. ``(2) Waiver.--The Secretary may establish, by regulation, conditions under which the cost-sharing requirements of paragraph (1) may be reduced or waived. ``(g) Prohibition on Use of Grant Funds for Construction.--Funds made available for grants under this section may not be used-- ``(1) to construct a new building or facility; or ``(2) to acquire, expand, remodel, or alter an existing building or facility, including site grading and improvement and architect fees. ``(h) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2012 and each fiscal year thereafter, to remain available until expended.''. | Veterinarian Services Investment Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture (USDA) to carry out a matching grant program with qualified entities to develop, implement, and sustain veterinary services. Requires a qualifying entity to carry out programs that: (1) relieve veterinarian shortage situations, (2) support private veterinary practices engaged in public health activities, or (3) support practices of veterinarians who are participating in or have successfully completed a specified service requirement. Makes such grants available for: (1) assistance for establishing or expanding veterinary practices or establishing mobile veterinary facilities; (2) veterinarian, technician, and student recruitment; (3) grants to attend training programs in food safety or food animal medicine; (4) grants to establish or expand accredited education, internship, residency, and fellowship programs; (5) grants to assess veterinarian shortage situations; and (6) grants for continuing education and extension, including veterinary telemedicine and other distance-based education. |
S ON THE BUDGET. Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(j) Means-Tested Welfare Spending.-- ``(1) In general.--The concurrent resolution on the budget for the applicable fiscal year shall set forth the appropriate level for aggregate means-tested welfare spending for the first fiscal year of that concurrent resolution and for at least each of the 4 ensuing fiscal years beginning on the earlier of-- ``(A) the first fiscal year that begins after the date of enactment of this subsection and after any monthly rate of unemployment during the immediately preceding fiscal year is below 7.5 percent; or ``(B) fiscal year 2015. ``(2) Setting level.--The level described in paragraph (2) shall not exceed the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: ``(A) Spending on means-tested medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis. ``(B) Spending for all other means-tested programs shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis.''. SEC. 404. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING. (a) In General.--Section 302 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(h) Means-Tested Welfare Spending Limit.-- ``(1) Further division of amounts.--For any concurrent resolution on the budget for which levels for aggregate means- tested welfare spending are set forth under section 301(j), in the House of Representatives and the Senate, the amounts allocated under subsection (a) shall be further divided to establish an allocation of-- ``(A) total new budget authority and total outlays for discretionary means-tested welfare spending in appropriation measures for the first fiscal year of the resolution on the budget; and ``(B) total new budget authority and total outlays for mandatory means-tested welfare spending for the first fiscal year of the resolution on the budget and at least each of the ensuing 4 fiscal years to all other committees of the House of Representatives and the Senate that have jurisdiction over legislation providing mandatory means-tested welfare spending. ``(2) Point of order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, or amendment if-- ``(A) the enactment of such bill or resolution as reported; ``(B) the adoption and enactment of such amendment; or ``(C) the enactment of such bill or resolution in the form recommended in such conference report, would cause the applicable allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) for a fiscal year to be exceeded.''. (b) Conforming Amendment.--Section 302(b) of the Congressional Budget Act of 1974 is amended by striking ``under subsection (a)'' and inserting ``under subsections (a) and (h)''. SEC. 405. RECONCILIATION. Section 310(a) of the Congressional Budget Act of 1974 is amended as follows: (1) Strike ``or'' at the end of paragraph (3) and strike the period at the end of paragraph (4) and insert ``; and''. (2) Redesignate paragraph (4) as paragraph (5), and in paragraph (5) as redesignated, strike ``and (3)'' and insert ``(3), and (4)''. (3) After paragraph (3), insert the following new paragraph: ``(4) specify the total amount by which new budget authority for such fiscal year for mandatory means-tested welfare spending contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount, which amount shall be the amount by which the Congressional Budget Office baseline level of spending for aggregate mandatory means-tested welfare programs exceeds the allocation made pursuant to section 302(h)(1)(B) for such fiscal year.''. TITLE V--GRANTS TO PROMOTE SELF-SUFFICIENCY SEC. 501. GRANTS TO STATES. (a) Purpose.--The purpose of this title is to encourage States to develop policies to promote self-sufficiency and prosperity and to reduce poverty and Government dependence. (b) Grants.--The Social Security Act is amended by adding at the end the following: ``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND PROSPERITY AND TO REDUCE DEPENDENCE ``SEC. 2201. GRANTS TO STATES. ``(a) In General.--The Secretary may provide grants to States to reward reductions in poverty and Government dependence and increases in self-sufficiency. ``(b) Allocation of Grants to States.--For each fiscal year for which funds are made available under subsection (e), the Secretary shall make a grant in an amount equal to $100,000,000 to each of the 3 States with the greatest percentage increases in the self-sufficiency ratio of the State for the preceding fiscal year over the self- sufficiency ratio of the State for fiscal year 2007, as compared with the changes in that ratio for each other State, subject to subsection (c). ``(c) Limitation on Eligibility for Grants.--A State shall not be eligible for a grant under this title for a fiscal year unless the self-sufficiency ratio of the State for the fiscal year is greater than the self-sufficiency ratio of the State for fiscal year 2007. ``(d) Definitions.--In this title: ``(1) The term `self-sufficient family' means a family (including a 1-person family) whose combined income, excluding receipt of means-tested welfare spending (as defined in section 3(11)(A) of the Congressional Budget and Impoundment Control Act of 1974), exceeds the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). ``(2) The term `self-sufficiency ratio' means, with respect to a State and a fiscal year-- ``(A) the number of self-sufficient families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age; divided by ``(B) the total number of families residing in the State during the fiscal year that are headed by able- bodied individuals who have not attained 63 years of age. ``(3) The term `State' means the 50 States and the District of Columbia. ``(e) Limitations on Authorization of Appropriations.--For grants under this title, there are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2012 and each succeeding fiscal year.''. TITLE VI--PROHIBITION ON FUNDING OF ABORTION SEC. 601. PROHIBITION ON FUNDING FOR ABORTIONS. No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. SEC. 602. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER ABORTION. None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. SEC. 603. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION. For taxable years beginning after the date of the enactment of this section, no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. SEC. 604. CONSTRUCTION RELATING TO SEPARATE COVERAGE. Nothing in this title shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. SEC. 605. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR HEALTH COVERAGE. Nothing in this title shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. SEC. 606. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER. The limitations established in this title shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. | Welfare Reform Act of 2011 - Welfare Reform Restoration Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise the TANF program by: (1) eliminating the temporary modification of the caseload reduction credit, and (2) reducing funding of state family assistance grants. Restores the former name of the Food Stamp Act of 1977, and restores its text as if the Food, Conservation, and Energy Act of 2008 had not been enacted; and (2) renames the supplemental nutrition assistance program benefits as the food stamp program. Amends the Food Stamp Act of 1977 to revise work requirements for the food stamp program and require able-bodied work eligible adult members of a family unit to participate in a work activation program during a full month of participation in the food stamp program, fulfilling specified levels of work activity during that month. (Work activation means, not employment, but supervised job search, community service activities, education and job training, workfare, or drug and alcohol treatment.) Specifies a financial reward for any state that reduces its food stamp caseload below calendar 2006 levels. Declares that a food, food product, meal, or other specified item shall be considered a food under the Food Stamp Act of 1977 only if it is a bare essential. Requires the President to include means-tested welfare spending in every budget submission. Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 to define and establish an aggregate cap for means-tested welfare spending. Directs the Secretary of Health and Human Services (HHS) to provide grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency. Prohibits the expenditure for abortions, with certain exceptions, of any funds authorized or appropriated by federal law, and funds in any trust fund to which funds are authorized or appropriated by federal law. Prohibits funding for health benefits plans that cover abortion. Prohibits the allowance of any tax credit with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health as Youth Skills in Classrooms and Life Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has reached epidemic proportions in the United States. (2) Researchers estimate that the medical costs of the obesity epidemic in the United States may total $270,000,000,000 annually. (3) More than one-third of children and adolescents are estimated to be overweight or obese. (4) Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood. (5) Overweight adolescents have a 70- to 80-percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death. (6) Studies show that children born today, for the first time in 2 centuries, have a shorter life expectancy than their parents. (7) According to the Centers for Disease Control and Prevention, in 2006-- (A) 1 in 5 students in grades 9-12 seriously considers suicide; (B) 1 in 3 12th graders, 1 in 4 10th graders, and 1 in 10 8th graders binge drink; and (C) 1 in 10 children suffer mental illness causing some level of impairment. (8) Studies show that-- (A) students who receive social-psychological support and prevention have improved academic achievement; (B) instruction in personal and social skills improves decisionmaking and reduces risky health behaviors; and (C) comprehensive programs linking rigorous instruction with health, education, social services, and health services in schools can reduce absenteeism. (9) The Centers for Disease Control and Prevention recommends that students receive a minimum of 50 hours of health education per year in order to ensure health literacy. (10) According to the Centers for Disease Control and Prevention, only 6.4 percent of elementary schools, 20.6 percent of middle schools, and 35.8 percent of high schools require health instruction in all 14 recommended health topics and only 3.8 percent of elementary schools, 7.8 percent of middle schools, and 2.1 percent of high schools provide daily physical education or its equivalent. (11) The Institute of Medicine in 2004 reported that enhanced school health education programs are essential to developing a health literate society in the United States as the Nation faces increasing health care challenges. In 2013, the Institute of Medicine recommended elevating physical education to a ``core subject'' in an effort to combat childhood obesity. (12) According to the Centers for Disease Control and Prevention, studies suggest that physical activity can impact cognitive skills and attitudes, and important components of improved academic performance, including enhanced concentration and attention as well as improved classroom behavior. (13) The White House Task Force on Childhood Obesity Report recommends increasing the quality and frequency of sequential, age, and developmentally appropriate physical education for all students, taught by certified physical education teachers. (14) The Society of Health and Physical Educators recommends that elementary school students receive 150 minutes per week of physical education and that middle school and high school students receive 225 minutes per week of physical education. (15) The American school system is already situated to reach 50,000,000 children and youth to provide the health and physical education they need and a place for them to engage in these behaviors, such as nutritious eating and participating in physical activity. (16) Military readiness is vulnerable, as almost 30 percent of 17-24 year olds are too overweight to serve in the U.S. military. (17) Physical education and health education are critical to combating these harmful trends and are key components to educating the whole child. SEC. 3. HEALTH EDUCATION AND PHYSICAL EDUCATION. (a) Definitions.--Section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and geography'' and inserting ``geography, physical education, and health education''. (b) Assessments.--Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Assessments for health education and physical education.--Notwithstanding any other provision of this Act, each State shall determine the most feasible measure for assessing students in health education and physical education, including the use of adaptive assessments, to measure student knowledge and performance according to State standards and benchmarks.''. SEC. 4. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. (a) In General.--The Carol M. White Physical Education Program (20 U.S.C. 7261 et seq.) is amended-- (1) by striking section 5503 and inserting the following: ``SEC. 5503. PROGRAM AUTHORIZED. ``(a) Authorization.--The Secretary is authorized to award grants to local educational agencies and community-based organizations to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through 12th-grade students by-- ``(1) providing materials, equipment, and support to enable students to participate actively in physical education activities; and ``(2) providing funds for staff and teacher training and education. ``(b) Program Elements.--A physical education program funded under this subpart may provide for 1 or more of the following: ``(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. ``(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. ``(3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. ``(4) Opportunities to develop positive social and cooperative skills through physical activity participation. ``(5) Instruction in healthy eating habits and good nutrition. ``(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this subpart.''; and (2) by adding at the end the following: ``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2016 and each of the 4 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5507 the following: ``Sec. 5508. Authorization of appropriations.''. | Promoting Health as Youth Skills in Classrooms and Life Act Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects." Requires each state to determine the most feasible measure for assessing students in health education and physical education, including through adaptive assessments, to measure student knowledge and performance against state standards. Authorizes appropriations for FY2016-FY2020 for the Carol M. White Physical Education Program, which provides matching grants to local educational agencies and community-based organizations to initiate, expand, and improve physical education programs (including after-school programs) for students in kindergarten through grade 12. |
SECTION 1. TECHNICAL AMENDMENTS. (a) Expired Provisions.--(1) Section 202(a)(27) of the Older Americans Act of 1995 (42 U.S.C. 3012(a)(27)) is amended by striking subparagraph (C). (2) Section 205 of the Older Americans Act of 1995 (42 U.S.C. 3016) is amended-- (A) by striking subsection (c), and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (3) Section 206(g) of the Older Americans Act of 1995 (42 U.S.C. 3017(g)) is amended-- (A) by striking paragraph (1), and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (b) Name Changes.--Section 207(b)(2) of the Older Americans Act of 1995 (42 U.S.C. 3018(b)(2)) is amended-- (1) in subparagraph (B) by striking ``Labor'' and inserting ``the Workforce'', and (2) in subparagraph (C) by striking ``Labor and Human Resources'' and inserting ``Health, Education, Labor, and Pensions SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS. (a) Federal Council on the Aging.--Section 204(g) of the Older Americans Act of 1965 (42 U.S.C. 3015(g)) is amended by striking ``$300, 000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. (b) Administration.--Section 215 of the Older Americans Act of 1995 (42 U.S.C. 3020f) is amended-- (1) in subsection (a) by striking ``1992, 1993, 1994, and 1995'' and inserting ``2000 through 2002'', and (2) in subsection (b) by amending paragraph (1) to read as follows: ``(1) $29,000,000 for each of the fiscal years 2000 through 2002; and''. (c) Grants for State and Community Programs on Aging.--Section 303 of the Older Americans Act of 1995 (42 U.S.C. 3023) is amended-- (1) in subsection (a)(1) by striking ``$461,376,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (2) in subsection (b)-- (A) in paragraph (1) by striking ``$505,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (B) in paragraph (2) by striking ``$120,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', and (C) in paragraph (3) by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (3) in subsection (d) by striking ``$45,388,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (4) in subsection (e) by striking ``the fiscal years 1992, 1993, 1994, and 1995'' and inserting ``fiscal years 2000 through 2002'', (5) in subsection (f) by striking ``$25,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', and (6) in subsection (g) by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. (d) Availability of Surplus Commodities.--Section 311(c)(1)(A) of the Older Americans Act of 1995 (42 U.S.C. 3030a(c)(1)(A)) is amended by striking ``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993, $380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year 1995'' and inserting ``$460,000,000 for each of the fiscal years 2000 through 2002''. (e) Training, Research, and Discretionary Projects and Programs.-- Section 431 of the Older Americans Act of 1995 (42 U.S.C. 3037) is amended-- (1) in subsection (a)(1) by striking ``$72,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', and (2) in subsection (b) by striking ``$450,000 for each of the fiscal years 1992, 1993, 1994, and 1995'' and inserting ``$450,000 for each of the fiscal years 2000 through 2002''. (f) Community Service Employment for Older Americans.--Section 508(a)(1) of the Older Americans Act of 1995 (42 U.S.C. 3056f(a)(1)) is amended by striking ``$470,671,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. (g) Grants for Native Americans.--Section 633(a) of the Older Americans Act of 1995 (42 U.S.C. 3057n(a)) is amended by striking ``$30,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. (h) Allotments for Vulnerable Elder Rights Protection Activities.-- Section 702 of the Older Americans Act of 1995 (42 U.S.C. 3058a) is amended-- (1) in subsection (a) by striking ``$40,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (2) in subsection (b) by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', (3) in subsection (c) by striking ``$10,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002'', and (4) in subsection (d) by striking ``$15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. (i) Native American Program.--Section 751(d) of the Older Americans Act of 1995 (42 U.S.C. 3058aa(d)) is amended by striking ``$5,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be necessary for fiscal years 2000 through 2002''. SEC. 3. TRANSFERS. Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended-- (1) in paragraph (4)(B)-- (A) by striking ``fiscal year 1993, 1994, 1995, or 1996'' and inserting ``a fiscal year'', and (B) by striking ``need--'' and all that follows and inserting ``need, an additional 10 percent of the funds so received for the fiscal year.'', and (2) in paragraph (5)-- (A) in subparagraph (A) by striking ``not more than 30 percent for fiscal year 1993, not more than 25 percent for fiscal year 1994, not more than 25 percent for fiscal year 1995, and not more than 20 percent for fiscal year 1996'' and inserting ``not more than 20 percent for the fiscal year involved'', and (B) in subparagraph (B)-- (i) by striking ``(B)(i)'' and all that follows through ``(ii) If'' and inserting ``(B) If'', and (ii) by striking ``for fiscal year 1996'' and inserting ``for a fiscal year''. | Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Route Designation Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to designate the Ice Age Floods National Geologic Route in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods' features and story through the collaborative efforts of public and private entities. SEC. 3. DEFINITIONS. As used in this Act: (1) Route.--The term ``Route'' means the Ice Age Floods National Geologic Route designated in section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Floods.--The term ``Ice Age Floods'' or ``floods'' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula. SEC. 4. DESIGNATION OF THE ICE AGE FLOODS NATIONAL NATIONAL GEOLOGIC ROUTE. (a) Designation.--In order to provide for the public appreciation, education, understanding, and enjoyment, through a coordinated interpretive program of certain nationally significant natural and cultural sites associated with Ice Age Floods that are accessible generally by public roads, the Secretary, acting through the Director of the National Park Service, with the concurrence of the agency having jurisdiction over such roads, is authorized to designate, by publication of a map or other description thereof in the Federal Register, a vehicular tour route along existing public roads linking such natural and cultural sites. Such route shall be known as the ``Ice Age Floods National Geologic Route''. (b) Location.--The location of the Route shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean, as generally depicted on the map titled ``Ice Age Floods National Geologic Trial'', numbered P43/80,000, and dated June 2004. (c) Maps.-- (1) Revisions.--The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map, as needed, in cooperation with Federal, State, local, or tribal governments, and other public or private entities. (2) Availability.--Any map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Description of Sites; Plan; Interpretive Program.-- (1) Description of sites; plan.--Not later than 3 years after the date that funds become available for this Act, the Secretary shall prepare a description of sites along the Route and general plan which shall include the location and description of each of the following: (A) Unique geographic or geologic features and significant landforms. (B) Important cultural resources. (2) Interpretive program.--The general plan shall include proposals for a comprehensive interpretive program of the Route. (3) Transmission to congress.--The Secretary shall transmit the description of sites and general plan to the Committee on Resources of the United States House of Representative and the Committee on Energy and Natural Resources of the United States Senate. (4) Consultation.--The description of sites and plan shall be prepared in consultation with other Federal agencies, the State of Montana, the State Idaho, the State of Washington, and the State of Oregon, units of local governments, tribal governments, interested private citizens, and nonprofit organizations, and the Ice Age Floods Institute. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer a program to interpret the Route in accordance with this Act. (b) Public Education.--With respect to sites linked by segments of the Route which are administered by other Federal, State, tribal, and local nonprofit or private entities, the Secretary is authorized to provide technical assistance in the development of interpretive devices and materials pursuant to cooperative agreements with such entities. The Secretary, in cooperation with Federal, State, tribal, or local governments or nonprofit or private entities, shall prepare and distribute information for the public appreciation of sites along the Route. (c) Markers.--The Secretary shall ensure that the Route is marked with appropriate markers to guide the public. With the concurrence and assistance of the State, tribal, or local entity having jurisdiction over the roads designated as part of the Route, the Secretary may erect thereon signs and other informational devices displaying the Ice Age Floods National Geologic Route marker. The Secretary is authorized to accept the donation of suitable signs and other informational devices for placement at appropriate locations. (d) Private Property Rights.--Nothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $250,000 for each fiscal year to carry out this Act. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk. | Ice Age Floods National Geologic Route Designation Act of 2006 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service (NPS), and with the concurrence of the agency having jurisdiction over such roads, to designate a vehicular tour route from Missoula, Montana, to the Pacific Ocean along existing public roads linking certain nationally significant natural and cultural sites associated with the Ice Age Floods, which shall be known as the "Ice Age Floods National Geologic Route." Requires the Secretary to prepare and transmit to specified congressional committees a description of sites along the Route and a general plan, which shall include the location and description of unique geographic or geologic features and significant landforms and important cultural resources. Requires the general plan to include proposals for a comprehensive interpretive program of the Route. Requires the Secretary of the Interior, acting through the NPS Director, to administer a program for interpretation of the Route. Authorizes the Secretary to provide other federal, state, tribal, and local nonprofit or private entities with technical assistance in developing interpretive devices and materials with respect to sites linked by segments of the Route administered by such entities. Instructs the Secretary to ensure that the Route is marked with appropriate signs and other markers to guide the public. Declares that nothing in this Act shall be construed to require any private property owner to allow public access (including federal, state, or local government access) to such private property, or to modify any provision of federal, state, or local law with regard to public access to or use of private lands. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Hospice Reform and Savings Act of 2009''. SEC. 2. HOSPICE CARE PAYMENT AND COVERAGE REFORMS. (a) Relief From Demand Payments.--Section 1814(i)(2) of the Social Security Act (42 U.S.C. 1395f(i)(2)) is amended-- (1) in subparagraph (A), by inserting ``(ending before November 1, 2009)'' after ``for an account year;''; and (2) by adding at the end the following new subparagraph: ``(E) With respect to repayment demands based upon the application of this paragraph for an accounting year ending during the 4-year period ending on October 31, 2009, recovery by the Secretary of such demands from a hospice program shall be subject to the following: ``(i)(I) Subject to subclause (II), no such demand to any hospice program shall exceed 10 percent of the payments under this part to the program for the same time period covered by the demand. ``(II) The aggregate reduction in repayment demands under subclause (I) shall not exceed $400,000,000 and the Secretary shall reduce, in a pro-rata manner, the application of reductions under such subclause to the extent such reductions would otherwise exceed such limit. ``(III) Subclause (I) shall be applied taking into account principal amounts made on or before the date of the enactment of this subparagraph. ``(ii) Upon request of a hospice program subject to the maximum demand under the limitation specified in clause (i), the Secretary shall allow the program a period of 60 months from the date of demand to repay such demand in installments. ``(iii) The interest rate charged on any demand during the period specified in this clause may not exceed the effective rate established by the Secretary of the Treasury pursuant to section 3717(a) of title 31, United States Code, as of the date of the demand. Nothing in this subparagraph shall be construed to require the Secretary to return funds collected or repaid before the date of the enactment of this subparagraph.''. (b) Realignment of Payment Amounts.--Section 1814(i)(1) of such Act (42 U.S.C. 1395f(i)(1)) is amended-- (1) in subparagraph (B), by inserting ``subject to subparagraph (D),'' after ``subparagraph (A)''; (2) in subparagraph (C), by inserting ``subject to subparagraph (D),'' after ``for a subsequent fiscal year,''; and (3) by adding at the end the following new subparagraph: ``(D)(i) In the case of hospice care (other than short-term inpatient care) furnished on or after November 1, 2009, with respect to an individual in a hospice election period (other than one of the first two 90-day periods for such individual under section 1812(d)(1)), the amount of payment otherwise established for such care shall be reduced by 12\1/2\ percent. ``(ii) In the case of routine home hospice care furnished on or after November 1, 2009, during the first 5 days of hospice care in an individual's initial 90-day hospice election period under section 1812(d)(1) and during the last 5 days of hospice care preceding (and including) the date of the beneficiary's death, the amount of payment otherwise established for such care shall be increased by 20 percent.''. (c) Listing of Terminal Illnesses.--By not later than January 31, 2010, and for purposes of applying section 1861(dd)(3)(A) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(A)), the Secretary of Health and Human Services shall issue evidence-based national coverage determinations for life expectancies covering at least each of those terminal medical diagnoses currently covered by Local Coverage Determinations promulgated by Medicare's fiscal intermediaries. (d) Delay in Phase Out of Medicare Hospice Budget Neutrality Adjustment Factor During Fiscal Years 2010-2013 Based Upon Savings From National Coverage Determinations.-- (1) Determination of savings.--The Secretary of Health and Human Services shall annually determine, and report to Congress, the amount of the reductions in expenditures under title XVIII of the Social Security Act during fiscal years 2010 through 2013 that results from the issuance of the national coverage determinations described in subsection (c) for hospice care. (2) Restoration of medicare hospice budget neutrality adjustment factor.--Notwithstanding any other provision of law, including the final rule published on August 10, 2008, 73 Federal Register 46464 et seq., relating to Medicare Program; Hospice Wage Index for Fiscal Year 2009, the Secretary shall restore the application (and reduce the phase out) of the budget neutrality adjustment factor in the Medicare hospice wage index for the fiscal years 2010 through 2013 in such manner as the Secretary estimates will result in an aggregate increase in expenditures under title XVIII of the Social Security Act equivalent to the aggregate reductions in expenditures determined under paragraph (1) for such period. | Medicare Hospice Reform and Savings Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise payments and coverage for hospice care under the Medicare program. Prescribes conditions for recovery by the Secretary of Health and Human Services (HHS) of repayment demands from a hospice program for any accounting year during the four-year period ending on October 31, 2009. Requires the Secretary to issue evidence-based national coverage determinations for life expectancies covering at least each of those terminal medical diagnoses currently covered by Local Coverage Determinations promulgated by Medicare's fiscal intermediaries. Directs the Secretary to restore the application (and reduce the phase out) of the budget neutrality adjustment factor in the Medicare hospice wage index for FY2010-FY2013 in a manner that will result in an aggregate increase in Medicare expenditures equivalent to the aggregate reductions in expenditures resulting from the issuance of the national coverage determinations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Denali National Park Improvement Act''. SEC. 2. KANTISHNA HILLS MICROHYDRO PROJECT; LAND EXCHANGE. (a) Definitions.--In this section: (1) Appurtenance.--The term ``appurtenance'' includes-- (A) transmission lines; (B) distribution lines; (C) signs; (D) buried communication lines; (E) necessary access routes for microhydro project construction, operation, and maintenance; and (F) electric cables. (2) Kantishna hills area.--The term ``Kantishna Hills area'' means the area of the Park located within 2 miles of Moose Creek, as depicted on the map. (3) Map.--The term ``map'' means the map entitled ``Kantishna Hills Micro-Hydro Area'', numbered 184/80,276, and dated August 27, 2010. (4) Microhydro project.-- (A) In general.--The term ``microhydro project'' means a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts. (B) Inclusions.--The term ``microhydro project'' includes-- (i) intake pipelines, including the intake pipeline located on Eureka Creek, approximately \1/2\ mile upstream from the Park Road, as depicted on the map; (ii) each system appurtenance of the microhydro projects; and (iii) any distribution or transmission lines required to serve the Kantishna Hills area. (5) Park.--The term ``Park'' means the Denali National Park and Preserve. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Permits for Microhydro Projects.-- (1) In general.--The Secretary may issue permits for microhydro projects in the Kantishna Hills area. (2) Terms and conditions.--Each permit under paragraph (1) shall be-- (A) issued in accordance with such terms and conditions as are generally applicable to rights-of-way within units of the National Park System; and (B) subject to such other terms and conditions as the Secretary determines to be necessary. (3) Completion of environmental analysis.--Not later than 180 days after the date on which an applicant submits an application for the issuance of a permit under this subsection, the Secretary shall complete any analysis required by the National Environment Policy Act of 1969 (42 U.S.C. 4321 et seq.) of any proposed or existing microhydro projects located in the Kantishna Hills area. (c) Land Exchange.-- (1) In general.--For the purpose of consolidating ownership of Park and Doyon Tourism, Inc. lands, including those lands affected solely by the Doyon Tourism microhydro project, and subject to paragraph (4), the Secretary may exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek in sec. 13, T.16 S., R. 18 W., Fairbanks Meridian, for approximately 18 acres of land owned by Doyon Tourism, Inc., within the Galena patented mining claim. (2) Map availability.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Timing.--The Secretary shall seek to complete the exchange under this subsection by not later than February 1, 2015. (4) Applicable laws; terms and conditions.--The exchange under this subsection shall be subject to-- (A) the laws (including regulations) and policies applicable to exchanges of land administered by the National Park Service, including the laws and policies concerning land appraisals, equalization of values, and environmental compliance; and (B) such terms and conditions as the Secretary determines to be necessary. (5) Equalization of values.--If the tracts proposed for exchange under this subsection are determined not to be equal in value, an equalization of values may be achieved by adjusting the quantity of acres described in paragraph (1). (6) Administration.--The land acquired by the Secretary pursuant to the exchange under this subsection shall be administered as part of the Park. SEC. 3. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE. (a) Definitions.--In this section: (1) Appurtenance.-- (A) In general.--The term ``appurtenance'' includes cathodic protection or test stations, valves, signage, and buried communication and electric cables relating to the operation of high-pressure natural gas transmission. (B) Exclusions.--The term ``appurtenance'' does not include compressor stations. (2) Park.--The term ``Park'' means the Denali National Park and Preserve in the State of Alaska. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Permit.--The Secretary may issue right-of-way permits for-- (1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of Denali National Park within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park; and (2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. (c) Terms and Conditions.--A permit authorized under subsection (b)-- (1) may be issued only-- (A) if the permit is consistent with the laws (including regulations) generally applicable to utility rights-of-way within units of the National Park System; (B) in accordance with section 1106(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3166(a)); and (C) if, following an appropriate analysis prepared in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the route of the right-of-way is the route through the Park with the least adverse environmental effects for the Park; and (2) shall be subject to such terms and conditions as the Secretary determines to be necessary. SEC. 4. DESIGNATION OF THE WALTER HARPER TALKEETNA RANGER STATION. (a) Designation.--The Talkeetna Ranger Station located on B Street in Talkeetna, Alaska, approximately 100 miles south of the entrance to Denali National Park, shall be known and designated as the ``Walter Harper Talkeetna Ranger Station''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Talkeetna Ranger Station referred to in subsection (a) shall be deemed to be a reference to the ``Walter Harper Talkeetna Ranger Station''. | . Denali National Park Improvement Act - Authorizes the Secretary of the Interior to issue permits for specified microhydro projects in the Kantishna Hills area within the Denali National Park and Preserve (the Park) in Alaska. Defines "microhydro project" as a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts and includes any distribution or transmission lines required to serve such area. Requires the Secretary, within 180 days after submission of a permit application, to complete any analysis required by the National Environmental Policy Act of 1969 respecting any proposed or existing microhydro projects in the area. Directs the Secretary to exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek for approximately 18 acres of land owned by Doyon Tourism within the Galena patented mining claim. Instructs the Secretary to seek to complete such exchange by February 2015. Permits an equalization of any unequal values of the tracts proposed for exchange by adjusting the quantity of the acreage owned by Doyon Tourism. Requires the land acquired by the Secretary to be administered as part of the Park. Authorizes the Secretary to issue right-of-way permits, subject to certain terms and conditions, for: (1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of the Park within, along, or near the approximately seven-mile segment of the George Parks Highway that runs through the Park; and (2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. Designates the Talkeetna Ranger Station that is on B Street in Talkeetna, Alaska, and that is approximately 100 miles south of the entrance to the Park, as the Walter Harper Talkeetna Ranger Station. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Castner Range National Monument Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Castner Range National Monument, Texas. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands within the National Monument. Sec. 6. Water. Sec. 7. Border security. Sec. 8. Department of Army responsibility and authority. Sec. 9. Castner Range National Monument Advisory Council. Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``advisory council'' means the Castner Range National Monument Advisory Council. (2) National monument.--The term ``National Monument'' means the Castner Range National Monument. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Texas. SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS. (a) Establishment.--Subject to valid existing rights, there is hereby established the Castner Range National Monument in the State. (b) Area Included.--The National Monument consists of Federal land and interests in Federal land within El Paso County, Texas, as depicted on the map entitled ``Castner Range National Monument''. (c) Exclusion of Non-Federal Land.--The National Monument includes only Federal land and interests in Federal land and does not include or apply to private property or other non-Federal land and interests in land within the exterior boundaries of the National Monument. (d) Purpose.--The purpose of the National Monument is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the National Monument, including Castner Range and its-- (1) relationship to the Department of the Army; (2) role as a water conservation sanctuary through a dozen natural canyons, arroyos (``gullies, washes'') and alluvial fans which efficiently transport run-off from the heights through seepage into the large underground Hueco Bolson (``aquifer'', which along with the West Side Mesilla Bolson supplies much of El Paso's water); (3) historical significance, as it contains numerous archaeological and historical resources that date as far back as the Paleo-Indian, Archaic and historic Indian groups, lasted from about 8000 B.C. to 4000 B.C. and was initially characterized by big-game hunting; (4) significance as a habitat for an extremely diverse aggregation of wildlife and plant species of special concern that are thought to inhabit Castner Range, including the sand prickly pear, the Texas lyre snake, and the western burrowing owl; and (5) significance as a one-of-a-kind vegetation region that includes a mountainous area, cactus lechuguilla region, and draw-yucca grassland region. SEC. 4. ACCESS AND BUFFER ZONES. (a) Access.--The Secretary shall continue to provide historical and adequate access to private inholdings within the exterior boundaries of the National Monument. (b) Buffer Zones.--Nothing in this Act creates a protective perimeter or buffer zone around the National Monument. The fact that any activities or uses outside of areas designated by this Act can be seen or heard within the National Monument shall not preclude the activities or uses outside of the National Monument. (c) Use of Easements.--Nothing in this Act shall affect currently used easements located within the National Monument, including the use of Trans Mountain Highway, the National Border Patrol Museum, El Paso Museum of Archaeology, and the El Paso Water Utilities. SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT. (a) Basis of Management.-- (1) Applicable laws.--The Secretary shall manage the National Monument in a manner that conserves, protects, and enhances the natural resources and values of the National Monument, in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) the Act of June 17, 1902 (commonly known as the Reclamation Act of 1902; 32 Stat. 388), and Acts amendatory thereof and supplemental thereto. (2) Resolution of conflicts.--If there is a conflict between a provision of this Act and a provision of one of the other laws specified in paragraph (1), the more restrictive provision shall control. (b) Tribal Cultural Uses.--Nothing in this Act shall be construed to enlarge or diminish the rights of any Indian Tribe. (c) Management Plan.-- (1) In general.--The Secretary shall develop a comprehensive plan for the protection and management of the National Monument that fulfills the purposes specified in section 3. In implementing the management plan and in considering any recommendations from the advisory council, the Secretary shall consult with the advisory council on a regular basis. (2) Purposes.--The management plan shall-- (A) describe the appropriate uses and management of the National Monument; (B) identify short-term and long-term management actions and prioritize management actions based on projected availability of resources; (C) include a habitat restoration opportunities component; (D) include a recreational opportunity enhancement component; and (E) include a component that addresses the Secretary of Army's remediation of hazardous substances or munitions and explosives of concern within the National Monument. (3) Public participation and special considerations.--In developing the management plan, and to the extent consistent with this section, the Secretary-- (A) shall solicit extensive public input; (B) shall take into consideration any information developed in studies of the land within the National Monument; (C) shall assess available climate change information pertinent to the National Monument; (D) shall include standards and practices to ensure the preservation of wildlife corridors and facilitate species migration; and (E) may incorporate any provision from a resource management plan, land and resource management plan, or any other plan applicable to the National Monument. (d) Cooperative Agreements.--In carrying out this Act, the Secretary may make grants to, or enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the National Monument. (e) Motorized and Mechanized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles on lands within the National Monument shall be permitted only on roads and trails designated for their use. (f) Acquisition and Incorporation of Lands and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land within the exterior boundaries of the National Monument only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land that is located within the National Monument that is acquired by the United States shall-- (A) become part of the National Monument; and (B) be managed in accordance with this Act. (g) Withdrawal.--Subject to valid existing rights, all Federal land within the National Monument is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to operation of the mineral leasing, mineral materials, and geothermal leasing laws. (h) Limited Conveyance Authority.--The Secretary may authorize the conveyance of Federal land within the National Monument if-- (1) the purpose for which the land is to be conveyed is consistent with the purposes specified in section 3; (2) the conveyance would benefit the National Monument and is in the public interest, as determined by the Secretary; and (3) the conveyance is made in accordance with applicable laws (including regulations). (i) Wildland Fire Operations.--Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Monument consistent with the purposes specified in section 3. SEC. 6. WATER. Nothing in this Act-- (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of the enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; or (5) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. SEC. 7. BORDER SECURITY. (a) In General.--Nothing in this Act-- (1) prevents the Secretary of Homeland Security from conducting-- (A) undertaking law enforcement and border security activities, in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), including the ability to use motorized access within an area while in pursuit of a suspect; or (B) any low-level flights over the area that may be necessary for law enforcement and border security purposes; or (2) affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal lands along the borders of the United States. (b) Withdrawal and Administration of Certain Area.--Nothing in this section precludes the Secretary from allowing within the area described in subsection (a)(1)(A) the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities. SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY. (a) Responsibility.--Nothing in this Act shall affect-- (1) the responsibility of the Department of the Army under applicable environmental laws, including the remediation of hazardous substances or munitions and explosives of concern within the National Monument boundaries; (2) the statutory authority of the Department of the Army to control public access or statutory responsibility to make other measures for environmental remediation, monitoring, security, safety, or emergency preparedness purposes; (3) the activities of the Department of the Army on lands not included within the National Monument; or (4) the responsibility of the Department of the Army, in consultation with the Secretary (acting through the Bureau of Land Management), to continue to manage the lands and interests in lands under the Secretary's jurisdiction within the National Monument boundaries until the Army transfers administrative jurisdiction of those lands and interests in lands to the Bureau of Land Management. (b) Authority.--The Secretary of the Army and the Secretary may enter into a memorandum of understanding whereby the Secretary of the Army-- (1) may relinquish administrative jurisdiction over the Castner Range, Fort Bliss, Texas, to the Secretary of the Interior; and (2) may not relinquish or diminish the responsibility of the Secretary of the Army of responsibilities referred to in subsection (a). SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL. (a) Establishment.--Not less than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council to be known as the ``Castner Range National Monument Advisory Council''. (b) Duties.--The advisory council shall advise the Secretary with respect to the preparation and implementation of the management plan for the National Monument. (c) Applicable Law.--The advisory council shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) all other applicable law. (d) Members.--The advisory council shall include 11 members, to be appointed by the Secretary, of whom, to the extent practicable-- (1) one member shall be appointed after considering the recommendations of the El Paso County Commissioners Court; (2) one member shall be appointed after considering the recommendations of the head of the Texas Parks and Wildlife Department; (3) one member shall be appointed to represent Native American Tribes; (4) one member shall be appointed to represent Fort Bliss; and (5) seven members shall reside in, or within reasonable proximity to, the county specified in paragraphs (1) through (4) with backgrounds that reflect-- (A) the purposes specified in section 3; and (B) the interest of persons affected by the planning and management of the National Monument, including persons representing the agricultural, private land-ownership, environmental, recreational, tourism, or other non-Federal land interests. (e) Representation.--The Secretary shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council. (f) Terms.-- (1) Staggered terms.--Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, 5 of the members shall be appointed for a term of one year and 5 of the members shall be appointed for a term of 2 years. (2) Reappointment.--A member may be reappointed to serve on the advisory council upon the expiration of the member's current term. (3) Vacancy.--A vacancy on the advisory council shall be filled in the same manner as the original appointment. (g) Quorum.--A quorum shall be 7 members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (h) Chairperson and Procedures.--The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (i) Service Without Compensation.--Members of the advisory council shall serve without pay. (j) Termination.--The advisory committee shall cease to exist-- (1) on the date that is 5 years after the date on which the management plan is officially adopted by the Secretary; or (2) on such later date as the Secretary considers appropriate. SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS. Section 2844 of the National Defense Authorization Act for Fiscal Year 2013 is repealed. | Castner Range National Monument Act This bill establishes the Castner Range National Monument in Texas. The Department of the Interior shall continue to provide historical and adequate access to private inholdings within the Monument's exterior boundaries. Interior shall: manage the Monument in a manner to conserve, protect, and enhance its natural resources and values; and develop a comprehensive management plan for the Monument's protection and management. Interior shall also establish a Castner Range National Monument Advisory Council to advise Interior with respect to the preparation and implementation of the management plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Handgun Transfer Prohibition Act of 1993''. SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1)(A)(i) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer-- ``(I) during any 30-day period, to transfer 2 or more handguns to an individual who is not licensed under section 923; or ``(II) to transfer a handgun to an individual who is not licensed under section 923 and who received a handgun during the 30-day period ending on the date of the transfer. ``(ii) It shall be unlawful for any individual who is not licensed under section 923 to receive 2 or more handguns during any 30-day period. ``(iii) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to transfer a handgun to an individual who is not licensed under section 923, unless, after the most recent proposal of the transfer by the individual, the transferor has-- ``(I) received from the individual a statement of the individual containing the information described in paragraph (3); ``(II) verified the identification of the individual by examining the identification document presented; and ``(III) within 1 day after the individual furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the place of residence of the individual. ``(B) Subparagraph (A) shall not apply to the transfer of a handgun to, or the receipt of a handgun by, an individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the individual during the 10-day period ending on the date of the transfer or receipt, which states that the individual requires access to a handgun because of a threat to the life of the individual or of any member of the household of the individual. ``(2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. ``(3) The statement referred to in paragraph (1)(A)(iii)(I) shall contain only-- ``(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the individual containing a photograph of the individual and a description of the identification used; ``(B) a statement that the individual-- ``(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ``(ii) is not a fugitive from justice; ``(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); ``(iv) has not been adjudicated as a mental defective or been committed to a mental institution; ``(v) is not an alien who is illegally or unlawfully in the United States; ``(vi) has not been discharged from the Armed Forces under dishonorable conditions; ``(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; and ``(viii) has not received a handgun during the 30- day period ending on the date of the statement; ``(C) the date the statement is made; and ``(D) notice that the individual intends to obtain a handgun from the transferor. ``(4) Any transferor of a handgun who, after the transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to-- ``(A) the chief law enforcement officer of the place of business of the transferor; and ``(B) the chief law enforcement officer of the place of residence of the transferee. ``(5) Any transferor who receives information, not otherwise available to the public, with respect to an individual in a report under this subsection shall not disclose such information except to the individual, to law enforcement authorities, or pursuant to the direction of a court of law. ``(6) In the case of a handgun transfer to which paragraph (1)(A) applies-- ``(A) the transferor shall retain-- ``(i) the copy of the statement of the transferee with respect to the transfer; and ``(ii) evidence that the transferor has complied with paragraph (1)(A)(iii)(III) with respect to the statement; and ``(B) the chief law enforcement officer to whom a copy of a statement is sent pursuant to paragraph (1)(A)(iii)(III) shall retain the copy for at least 30 calendar days after the date the statement was made. ``(7) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. ``(8) This subsection shall not apply to the sale of a firearm in the circumstances described in subsection (c). ``(9) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.''. (b) Handgun Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(29) The term `handgun' means-- ``(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and ``(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.''. (c) Penalty.--Section 924(a) of such title is amended-- (1) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (2) by adding at the end the following: ``(5) Whoever knowingly violates section 922(s) shall be fined not more than $1,000, imprisoned for not more than one year, or both.''. (d) Effective Date.--The amendments made by this Act shall apply to conduct engaged in 90 or more days after the date of the enactment of this Act. | Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period. Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding that the individual requires access to a handgun because of a threat to his or her life or household. Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Today's Entrepreneurs are Advancing Mentorship Act of 2012'' or the ``TEAM Act of 2012''. SEC. 2. OFFICE OF ENTREPRENEURIAL SUPPORT. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 45 (15 U.S.C. 631 note) as section 46; and (2) by inserting after section 44 (15 U.S.C. 657q) the following: ``SEC. 45. ENTREPRENEURIAL SUPPORT. ``(a) Office of Entrepreneurial Support.-- ``(1) In general.--There is in the Administration an Office of Entrepreneurial Support, which shall develop and provide innovative entrepreneurial information, education, and resources, to promote prospective entrepreneurs and successful small business concerns. ``(2) Director.--The head of the Office of Entrepreneurial Support is the Director of the Office of Entrepreneurial Support, who shall report to the Associate Administrator for Entrepreneurial Development. ``(3) Duties.--The Director of the Office of Entrepreneurial Support shall-- ``(A) manage the online courses, online publications, and other online resources provided by the Administration to entrepreneurs and small business concerns; ``(B) manage the youth entrepreneurship programs of the Administration, including-- ``(i) online resources for youth entrepreneurs; and ``(ii) coordination and outreach with entrepreneurial development service providers that provide counseling and training to youth entrepreneurs desiring to start or expand small business concerns; ``(C) coordinate with nonprofit and other private sector partners to share educational materials on money management and financial literacy for entrepreneurs and small business concerns; and ``(D) provide assistance and courtesy services to individuals and foreign dignitaries visiting the United States who are interested in issues relating to entrepreneurs and small business concerns. ``(b) Entrepreneurial Support Program.-- ``(1) In general.--Not later than 1 year after the date of enactment of the TEAM Act of 2012, the Associate Administrator for Entrepreneurial Development (referred to in this subsection as the `Associate Administrator') shall establish a program under which the Associate Administrator may make grants to nonprofit organizations, including small business development centers, women's business centers, chapters of the Service Corps of Retired Executives, and other resource partners of the Administration, local government entities, and appropriate private sector organizations or entities to provide technical assistance for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. ``(2) Application.--An entity desiring a grant under this subsection shall submit to the Associate Administrator an application that contains-- ``(A) a description of the goals of the project to be funded using the grant; ``(B) a list of any partners that plan to participate in the project to be funded using the grant; and ``(C) any other information that the Associate Administrator determines is necessary. ``(3) Report.--Not later than 1 year after the date on which an entity receives a grant under this subsection, the entity shall submit to the Associate Administrator a report that describes-- ``(A) the individuals assisted using the grant; ``(B) the number of jobs created or saved through the use of the grant; and ``(C) any other information concerning the use of the grant that the Associate Administrator may require. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $1,000,000 for fiscal year 2013; ``(B) $2,000,000 for fiscal year 2014; and ``(C) $3,000,000 for fiscal year 2015.''. (b) Report on Best Practices of Entrepreneurial Support and Training Programs.-- (1) Report required.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Entrepreneurial Support shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes best practices of entrepreneurial education and training programs throughout the United States. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of any programs that the Director of the Office of Entrepreneurial Support determines are exemplary, including national programs, regional programs, State programs, and local programs; and (B) a summary of entrepreneurial education and training programs carried out by-- (i) the Federal Government; (ii) State and local governments; and (iii) nonprofit organizations and private sector groups. SEC. 3. EMERGING LEADERS PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended by inserting after subsection (n) the following: ``(o) Emerging Leaders Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible small business concern' means a small business concern that-- ``(i) has been in business for at least 2 years; ``(ii) has at least 1 employee; ``(iii) demonstrates growth potential, including the ability to create jobs; and ``(iv) has an owner or operator that participates in the day-to-day executive-level management of the small business concern; and ``(B) the term `Emerging Leaders Program' means the Emerging Leaders Program established under paragraph (2)(A). ``(2) In general.-- ``(A) Program authorized.--Not later than 1 year after the date of enactment of the TEAM Act of 2012, the Administrator shall establish an Emerging Leaders Program to provide specialized training and executive- level mentoring to eligible small business concerns. ``(B) Mission.--The Emerging Leaders Program shall provide educational and technical assistance to eligible small business concerns focusing on the next level of growth, leadership, and operational strategies, including the development of a strategic plan. ``(C) Authority to contract.--In order to carry out the Emerging Leaders Program, the Administrator may enter into contracts or cooperative agreements with, or make grants to, a national service provider. ``(3) Community partners.--To encourage community support and engagement, the Administrator may enter into memoranda of understanding with for-profit, nonprofit and government entities to jointly support and deliver localized training and provide executive-level mentoring under the Emerging Leaders Program. A memorandum of understanding entered into with an entity under this paragraph shall not be construed to constitute or imply an endorsement by the Administration of any product or service of the entity. ``(4) Recruitment.--The Administrator shall place special emphasis on recruiting eligible small business concerns in emerging, underserved, rural, and urban markets. ``(5) Authorization of appropriations.--There is authorized to be appropriated to the Administration to carry out the Emerging Leaders Program $2,000,000 for each of fiscal years 2013 through 2015.''. SEC. 4. PERFORMANCE MEASURES AND REPORTING. (a) In General.--To demonstrate program impact, the Administrator shall develop performance measures for the Emerging Leaders Program established under section 8(o) of the Small Business Act, as added by this Act, and the Entrepreneurial Support Program established under section 45(b) of the Small Business Act, as added by this Act. (b) Public Availability.--The Administrator shall collect and post information relating to the Emerging Leaders Program and the Entrepreneurial Support Program on the website of the Administration, including-- (1) the number of small business concerns participating in the Emerging Leaders Program and the number of grant applicants and grant recipients under the Entrepreneurial Support Program; (2) the race, ethnicity, and gender of individuals participating in the Entrepreneurial Support Program, and the location of their business headquarters and regions of operation; (3) demographic and statistical information relating to small business concerns and individuals that participated in the Emerging Leaders Program or the Entrepreneurial Support Program, during the 5-year period following their participation in the program; (4) the annual revenues of each participating small business concern; (5) the annual number of jobs created or retained by each participating small business concern; (6) the amount of new financing obtained by each participating small business concern; (7) the amount of new contracts obtained by each participating small business concern; and (8) the amount of Federal tax paid by each participating small business concern. (c) GAO Report.--Not later than 2 years after the date on which the Administrator establishes the Emerging Leaders Program, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that contains a comprehensive analysis of the economic impact of the Emerging Leaders Program and the Entrepreneurial Support Program, including the information required to be collected and posted under subsection (b). | Today's Entrepreneurs are Advancing Mentorship Act of 2012 or TEAM Act of 2012 - Amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Entrepreneurial Support, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote both prospective entrepreneurs and successful small businesses. Requires: (1) the SBA's Associate Administrator for Entrepreneurial Development to establish a program of technical assistance grants for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship, and (2) the Director to report to the congressional small business committees on best practices of U.S. entrepreneurial education and training programs. Directs the SBA Administrator to establish an Emerging Leaders Program of specialized training and executive-level mentoring to certain small businesses, with an emphasis on small businesses in emerging, underserved, rural, and urban markets. Requires: (1) the Administrator to develop performance measures for the Emerging Leaders and Entrepreneurial Support Programs, and (2) the Comptroller General to submit to the small business committees a comprehensive analysis of the economic impact of such Programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware and Lehigh National Heritage Corridor Act Amendments of 1997''. SEC. 2. NAME CHANGE. The Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 200-692; 102 Stat. 4552) is amended by striking ``Delaware and Lehigh Navigation Canal National Heritage Corridor'' each place it appears (except section 4(a)) and inserting ``Delaware and Lehigh National Heritage Corridor''. SEC. 3. PURPOSE. Section 3(b) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552) is amended-- (1) by inserting after ``subdivisions'' the following: ``in enhancing economic development within the context of preservation and''; and (2) by striking ``and surrounding the Delaware and Lehigh Navigation Canal in the Commonwealth'' and inserting ``the Corridor''. SEC. 4. CORRIDOR COMMISSION. (a) Membership.--Section 5(b) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is amended-- (1) in the matter preceding paragraph (1), by striking ``appointed not later than 6 months after the date of enactment of this Act''; (2) by striking paragraph (2) and inserting the following: ``(2) 3 individuals, of whom-- ``(A) 1 shall be the Director of the Pennsylvania Department of Conservation and Natural Resources; ``(B) 1 shall be the Director of the Pennsylvania Department of Community and Economic Development; and ``(C) 1 shall be the Chairperson of the Pennsylvania Historical and Museum Commission.''; (3) in paragraph (3), by striking ``recommendations from the Governor, of whom'' and all that follows through ``Delaware Canal region'' and inserting the following: ``nominations from the Governor, of whom-- ``(A) 1 shall represent a city, 1 shall represent a borough and 1 shall represent a township; and ``(B) 1 shall represent each of the 5 counties of Luzerne, Carbon, Lehigh, Northampton, and Bucks in Pennsylvania''; and (4) in paragraph (4)-- (A) by striking ``8 individuals'' and inserting ``9 individuals''; and (B) by striking ``recommendations from the Governor, who shall have'' and all that follows through ``Canal region. A vacancy'' and inserting the following: ``nominations from the Governor, of whom-- ``(A) 3 shall represent the northern region of the Corridor; ``(B) 3 shall represent the middle region of the Corridor; and ``(C) 3 shall represent the southern region of the Corridor. A vacancy''. (b) Terms.--Section 5 of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is amended by striking subsection (c) and inserting the following: ``(c) Terms.--The following provisions shall apply to a member of the Commission appointed under paragraph (3) or (4) of subsection (b): ``(1) Length of term.--The member shall serve for a term of 3 years. ``(2) Carryover.--The member shall serve until a successor is appointed by the Secretary. ``(3) Replacement.--If the member resigns or is unable to serve due to incapacity or death, the Secretary shall appoint, not later than 60 days after receiving a nomination of the appointment from the Governor, a new member to serve for the remainder of the term. ``(4) Term limits.--A member may serve for not more than 2 full terms starting after the date of enactment of this paragraph.'' (c) Confirmation.--Section 5 of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is amended by adding at the end the following: ``(h) Confirmation.--The Secretary shall accept or reject an appointment under paragraph (3) or (4) of subsection (b) not later than 60 days after receiving a nomination of the appointment from the Governor.''. SEC. 5. POWERS OF THE COMMISSION. (a) Conveyance of Real Estate.--Section 7(g)(3) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4555) is amended in the first sentence by inserting ``or nonprofit organization'' after ``appropriate public agency''. (b) Cooperative Agreements.--Section 7(h) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4555) is amended-- (1) in the first sentence, by inserting ``any non-profit organization,'' after ``subdivision of the Commonwealth,''; and (2) in the second sentence, by inserting ``such nonprofit organization,'' after ``such political subdivision,''. (e) Grants and Loans.--Section 7 of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4554) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following; ``(i) Grants and Loans.--The Commission may administer any grant or loan from amounts-- ``(1) appropriated to the Commission for the purpose of providing a grant or loan; or ``(2) donated or otherwise made available to the Commission for the purpose of providing a grant or loan.''. SEC. 6. DUTIES OF THE COMMISSION. Section 8(b) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended in the matter preceding paragraph (1) by inserting ``, cultural, natural, recreational, and secenic'' after ``interpret the historic''. SEC. 7. TERMINATION OF THE COMMISSION. Section 9(a) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended by striking ``5 years after the date of enactment of this Act'' and inserting ``10 years after the date of enactment of the Delaware and Lehigh National Heritage Corridor Act Amendments of 1997''. SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES. Section 11 of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4557) is amended in the matter preceding paragraph (1) by striking ``the flow of the Canal or the natural'' and inserting ``the historic, cultural, natural, recreational, or scenic''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Commission.--Section 12(a) of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is amended by striking ``$350,000'' and inserting ``$650.000''. (b) Management Action Plan.--Section 12 of the Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is amended by adding at the end the following: ``(c) Management Action Plan.-- ``(1) In general.--To implement the management action plan created by the Commission, there is authorized to be appropriated $1,000,000 for each of fiscal years 1998 through 2007. ``(2) Limitation on expenditures.--Amounts made available under paragraph (1) shall not exceed 50 percent of the costs of implementing the management action plan.'' SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY. The Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552) is amended-- (1) by redesignating section 13 or section 14; and (2) by inserting after section 12 the following: ``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY. ``The Commission shall not interfere with-- ``(1) the private property rights of any person; or ``(2) any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision of Pennsylvania.''. | Delaware and Lehigh National Heritage Corridor Act Amendments of 1997 - Amends the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (the Act) to change the name of the Delaware and Lehigh Navigation Canal National Heritage Corridor to the Delaware and Lehigh National Heritage Corridor. Includes among the Act's purposes enhancing economic development within the context of preservation. Modifies provisions regarding: (1) membership of, terms of office for, and confirmation of appointment to the Delaware and Lehigh National Corridor Commission; and (2) powers of the Commission to authorize the conveyance of real property acquired by the Commission to an appropriate nonprofit organization, to authorize the Commission to enter into cooperative agreements with a nonprofit organization, and to require any cooperative agreement to establish procedures for providing notice to the Commission of any action proposed by a nonprofit organization which may affect implementation of the Cultural Heritage and Corridor Management Plan. Authorizes the Commission to administer any grant or loan from amounts appropriated, donated, or otherwise made available to the Commission for the purpose of providing a grant or loan. Directs the Commission to implement the Plan by taking appropriate steps to preserve and interpret the cultural, natural, recreational, and scenic (currently, limited to historic) resources of the Canal and its surrounding area. Terminates the Commission ten years after the date of this Act's enactment. Requires specified actions by any Federal entity conducting or supporting activities directly affecting the historic, cultural, natural, recreational, or scenic resources of the Corridor (currently, the flow of the Canal or the natural resources of the Corridor). Reauthorizes and increases appropriations under the Act. Authorizes specified funds to implement the management action plan created by the Commission. Prohibits the Commission from interfering with private property rights or any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tom Lantos Pulmonary Hypertension Research and Education Act of 2008''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RESEARCH ON PULMONARY HYPERTENSION Sec. 101. Expansion and intensification of activities. TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION Sec. 201. Promoting public awareness. Sec. 202. Promoting awareness among health care professionals. TITLE I--RESEARCH ON PULMONARY HYPERTENSION SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES. (a) Sense of Congress.--It is the sense of the Congress that-- (1) the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the National Institutes of Health and the Director of the National Heart, Lung, and Blood Institute (in this title referred to as the ``Institute''), should continue aggressive work on pulmonary hypertension; (2) as part of such work, the Director of the Institute should continue research to expand the understanding of the causes of, and to find a cure for, pulmonary hypertension; and (3) activities under paragraph (1) may include conducting and supporting-- (A) basic research concerning the etiology and causes of pulmonary hypertension; (B) basic research on the relationship between scleroderma, sickle cell anemia (and other conditions identified by the Director of the Institute that can lead to a secondary diagnosis of pulmonary hypertension), and pulmonary hypertension; (C) clinical research for the development and evaluation of new treatments for pulmonary hypertension, including the establishment of a ``Pulmonary Hypertension Clinical Research Network''; (D) support for the training of new clinicians and investigators with expertise in the pulmonary hypertension; and (E) information and education programs for the general public. (b) Biennial Reports.--As part of the biennial report made under section 403 of the Public Health Service Act (42 U.S.C. 283), the Secretary shall include information on the status of pulmonary hypertension research at the National Institutes of Health. TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION SEC. 201. PROMOTING PUBLIC AWARENESS. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an educational campaign to increase public awareness of pulmonary hypertension. Print, video, and Web-based materials distributed under this program may include-- (1) basic information on pulmonary hypertension and its symptoms; and (2) information on-- (A) the incidence and prevalence of pulmonary hypertension; (B) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (C) the importance of early diagnosis; and (D) the availability, as medically appropriate, of a range of treatment options and pulmonary hypertension. (b) Dissemination of Information.--The Secretary is encouraged to disseminate information under subsection (a) through a cooperative agreement with a national nonprofit entity with expertise in pulmonary hypertension. (c) Report to Congress.--Not later than September 30, 2009, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the House of Representatives and the Senate on the status of activities under this section. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $2,500,000 for each of fiscal years 2009, 2010, and 2011. SEC. 202. PROMOTING AWARENESS AMONG HEALTH CARE PROFESSIONALS. (a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall carry out an educational campaign to increase awareness of pulmonary hypertension among health care providers. Print, video, and Web-based materials distributed under this program may include information on-- (1) the symptoms of pulmonary hypertension; (2) the importance of early diagnosis; (3) current diagnostic criteria; and (4) Food and Drug Administration-approved therapies for the disease. (b) Targeted Health Care Providers.--Health care providers targeted through the campaign under subsection (a) shall include, but not be limited to, cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners (c) Dissemination of Information.--The Secretary is encouraged to disseminate information under subsection (a) through a cooperative agreement with a national nonprofit entity with expertise in pulmonary hypertension. (d) Report to Congress.--Not later than September 30, 2009, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the House of Representatives and the Senate on the status of activities under this section. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $2,500,000 for each of fiscal years 2009, 2010, and 2011. Passed the House of Representatives September 25, 2008. Attest: LORRAINE C. MILLER, Clerk. | Tom Lantos Pulmonary Hypertension Research and Education Act of 2008 - Title I: Research on Pulmonary Hypertension - (Sec. 101) Expresses the sense of the Congress that: (1) the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Heart, Lung, and Blood Institute, should continue aggressive work on pulmonary hypertension; and (2) the Director of the Institute should continue research to expand the understanding of the causes of, and to find a cure for, pulmonary hypertension. Requires inclusion of information on the status of pulmonary hypertension research at NIH in biennial reports to Congress. Title II: Increasing Awareness of Pulmonary Hypertension - (Sec. 201) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out an educational campaign to increase public awareness of pulmonary hypertension, which may include information on: (1) pulmonary hypertension and its symptoms; (2) the incidence and prevalence of pulmonary hypertension; (3) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (4) the importance of early diagnosis; and (5) the availability of a range of treatment options. (Sec. 202) Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to carry out an educational campaign to increase awareness of pulmonary hypertension among health care providers, which may include information on: (1) the symptoms of pulmonary hypertension; (2) the importance of early diagnosis; (3) current diagnostic criteria; and (4) Food and Drug Administration-approved therapies for the disease. Requires such campaign to target health care providers, including cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners. Sets forth reporting requirements. Authorizes appropriations for FY2009-FY2011. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Consumer Financial Protection Advisory Boards Act''. SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) In General.--The Consumer Financial Protection Act of 2010 is amended by inserting after section 1014 (12 U.S.C. 5494) the following new section: ``SEC. 1014A. ADVISORY BOARDS. ``(a) Small Business Advisory Board.-- ``(1) Establishment.--The Director shall establish a Small Business Advisory Board-- ``(A) to advise and consult with the Bureau in the exercise of the Bureau's functions under the Federal consumer financial laws applicable to eligible financial products or services; and ``(B) to provide information on emerging practices of small business concerns that provide eligible financial products or services, including regional trends, concerns, and other relevant information. ``(2) Membership.-- ``(A) Number.--The Director shall appoint no fewer than 15 and no more than 20 members to the Small Business Advisory Board. ``(B) Qualification.--Members appointed pursuant to subparagraph (A) shall be representatives of small business concerns that-- ``(i) provide eligible financial products or services; ``(ii) are service providers to covered persons; and ``(iii) use consumer financial products or services in financing the business activities of such concern. ``(C) Additional considerations.--In appointing members pursuant to subparagraph (A), the Director shall include members representing minority-, women-, and veteran-owned small business concerns and their interests, without regard to party affiliation. ``(3) Meetings.--The Small Business Advisory Board-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet at least twice each year. ``(b) Credit Union Advisory Council.-- ``(1) Establishment.--The Director shall establish a Credit Union Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact credit unions. ``(2) Membership.--The Director shall appoint no fewer than 15 and no more than 20 members to the Credit Union Advisory Council. In appointing such members, the Director shall include members representing credit unions predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation. ``(3) Meetings.--The Credit Union Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet at least twice each year. ``(c) Community Bank Advisory Council.-- ``(1) Establishment.--The Director shall establish a Community Bank Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact community banks. ``(2) Membership.--The Director shall appoint no fewer than 15 and no more than 20 members to the Community Bank Advisory Council. In appointing such members, the Director shall include members representing community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation. ``(3) Meetings.--The Community Bank Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet at least twice each year. ``(d) Compensation and Travel Expenses.--Members of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council who are not full-time employees of the United States shall-- ``(1) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, including travel time; and ``(2) be allowed travel expenses, including transportation and subsistence, while away from their homes or regular places of business. ``(e) Definitions.--In this section-- ``(1) the term `eligible financial product or service' means a financial product or service that is offered or provided for use by consumers primarily for personal, family, or household purposes as described in clause (i), (iii), (v), (vi), or (ix) of section 1002(15)(A); and ``(2) the term `small business concern' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).''. (b) Table of Contents Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item relating to section 1014 the following new item: ``Sec. 1014A. Advisory Boards.''. SEC. 3. BUREAU FUNDING AUTHORITY. The Director of the Bureau of Consumer Financial Protection, under section 1017 of the Consumer Financial Protection Act of 2010, may not request-- (1) during fiscal year 2020, an amount that would result in the total amount requested by the Director during that fiscal year to exceed $655,000,000; and (2) during fiscal year 2025, an amount that would result in the total amount requested by the Director during that fiscal year to exceed $720,000,000. Passed the House of Representatives April 22, 2015. Attest: KAREN L. HAAS, Clerk. | Bureau of Consumer Financial Protection Advisory Boards Act (Sec. 2) Amends the Consumer Financial Protection Act of 2010 to direct the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Small Business Advisory Board to: (1) advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding eligible financial products or services, and (2) provide information on evolving small business practices. Requires Board members to be representatives of small business concerns that: provide financial products or services for use by consumers primarily for personal, family, or household purposes, are service providers to covered persons; and use consumer financial products or services in financing the business activities of such small businesses. Requires the Director, in making such Board appointments, to include members representing minority-, women-, and veteran-owned small business concerns and their interests, without regard to party affiliation. Requires the Director to establish a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively. Directs the Director, in making appointments to the Councils, to include members representing credit unions and community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation. (Sec. 3) Prohibits the Director from requesting funds: (1) during FY 2020 in an amount that would exceed $655 million, and (2) during FY 2025 in an amount that would exceed $720 million. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Routes to Teacher Certification and Licensure Act of 2001''. SEC. 2. PROGRAM REAUTHORIZED. The Higher Education Act of 1965 is amended by inserting after title VII (20 U.S.C. 1133 et seq.) the following new title: ``TITLE VIII--ALTERNATIVE ROUTES TO TEACHER CERTIFICATION AND LICENSURE ``SEC. 801. FINDINGS. ``The Congress finds that-- ``(1) effective elementary and secondary schools require competent teachers and strong leadership; ``(2) school systems would benefit greatly by increasing the pool of qualified individuals from which to recruit teachers; ``(3) many talented professionals who have demonstrated a high level of subject area competence outside the education profession may wish to pursue careers in education, but have not fulfilled the requirements to be certified or licensed as teachers; ``(4) alternative routes can enable qualified individuals to fulfill State certification or licensure requirements and would allow school systems to utilize the expertise of such professionals and improve the pool of qualified individuals available to local educational agencies as teachers; and ``(5) alternative routes to certification or licensure requirements that do not exclude qualified individuals from teaching solely because such individuals do not meet traditional certification or licensure requirements would allow school systems to take advantage of these professionals and improve the supply of well-qualified teachers. ``SEC. 802. PURPOSE. ``It is the purpose of this title to improve the supply of well- qualified elementary and secondary school teachers by encouraging and assisting States to develop and implement programs for alternative routes to teacher certification or licensure requirements. Such programs shall place special emphasis on the participation of individuals who are members of minority groups. ``SEC. 803. ALLOTMENTS. ``(a) Allotments to States.-- ``(1) In general.--From the amount appropriated to carry out this title, the Secretary shall allot to each State the lesser of either the amount the State applies for under section 556 or an amount that is proportional to the State's share of the total population of children ages 5 through 17 in all the States (based on the most recent data available that is satisfactory to the Secretary). ``(2) Reallocation.--If a State does not apply for its allotment, or the full amount of its allotment, under the preceding paragraph, the Secretary may reallocate the excess funds to one or more other States that demonstrate, to the satisfaction of the Secretary, a current need for the funds. ``(b) Special Rule.--Notwithstanding section 412(b) of the General Education Provisions Act, funds awarded under this title shall remain available for obligation by a recipient for a period of 2 calendar years from the date of the grant. ``SEC. 804. STATE APPLICATIONS. ``(a) In General.--Any State desiring to receive a grant under this title shall, through the State educational agency, submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. ``(b) Requirements.--Each application shall-- ``(1) describe the programs, projects, and activities to be undertaken; and ``(2) contain such assurances as the Secretary considers necessary, including assurances that-- ``(A) assistance provided to the State educational agency under this title will be used to supplement, and not to supplant, any State or local funds available for the development and implementation of programs to provide alternative routes to fulfilling teacher certification or licensure requirements; ``(B) the State educational agency has, in developing and designing the application, consulted with-- ``(i) representatives of local educational agencies, including superintendents and school board members (including representatives of their professional organizations where applicable); ``(ii) elementary and secondary school teachers, including representatives of their professional organizations; ``(iii) institutions of higher education with schools or departments of education; ``(iv) parents; and ``(v) other interested organizations and individuals; and ``(C) the State educational agency will submit to the Secretary, at such time as the Secretary may specify, a final report describing the activities carried out with assistance provided under this title and the results achieved. ``(c) GEPA Provisions Inapplicable.--Sections 435 and 436 of the General Education Provisions Act, except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to this title. ``SEC. 805. USE OF FUNDS. ``(a) Use of Funds.-- ``(1) In general.--A State educational agency shall use assistance provided under this title to support programs, projects, or activities that develop and implement new, or expand and improve existing, programs that enable individuals to move to a career in education from another occupation through an alternative route to teacher certification or licensure. ``(2) Types of assistance.--A State educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies, intermediate educational agencies, institutions of higher education, or consortia of such agencies. ``(b) Uses.--Funds received under this title may be used for-- ``(1) the design, development, implementation, and evaluation of programs that enable qualified professionals who have demonstrated a high level of subject area competence outside the education profession and are interested in entering the education profession to fulfill State certification or licensure requirements; ``(2) the establishment of administrative structures necessary for the development and implementation of programs to provide alternative routes to fulfilling State requirements for certification or licensure; ``(3) training of staff, including the development of appropriate support programs, such as mentor programs, for teachers entering the school system through alternative routes to teacher certification or licensure; ``(4) the development of recruitment strategies; ``(5) the development of reciprocity agreements between or among States for the certification or licensure of teachers; and ``(6) other appropriate programs, projects, and activities designed to meet the objectives of this title. ``SEC. 806. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $15,000,000 for fiscal year 2002 and each of the 3 succeeding fiscal years.''. | Alternative Routes to Teacher Certification and Licensure Act of 2001 - Amends the Higher Education Act of 1965 to establish, as a new title VIII, the Alternate Routes to Teacher Certification and Licensure program. Directs the Secretary of Education to allot grants to States to develop and implement programs for alternative routes to teacher certification or licensure requirements in order to increase the supply of well-qualified elementary school and secondary school teachers, with special emphasis on participation of minority group members. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Plant Decommissioning Act of 2016''. SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. ``(a) Definitions.--In this section: ``(1) Affected state.--The term `affected State' means-- ``(A) the host State of a covered facility; and ``(B) each State that is within 50 miles of a covered facility. ``(2) Commission.--The term `Commission' means the Nuclear Regulatory Commission. ``(3) Covered facility.--The term `covered facility' means a facility of a licensee for which a PSDAR is required. ``(4) Host state.--The term `host State' means the State in which a covered facility is located. ``(5) Licensee.--The term `licensee' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). ``(6) PSDAR.--The term `PSDAR' means a post-shutdown decommissioning activities report submitted to the Commission and affected States under section 50.82(a)(4)(i) of title 10, Code of Federal Regulations (or any successor regulation). ``(b) Development; Initial Consultation.--A licensee shall develop a proposed PSDAR for a covered facility after consultation with-- ``(1) each affected State; and ``(2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. ``(c) Submission to Commission; Additional Consultation.-- ``(1) In general.--After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall-- ``(A) submit to the Commission the proposed PSDAR; and ``(B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. ``(2) Public availability.--On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public, on the condition that the Commission may redact any information necessary to protect the national security. ``(d) Public Participation.--During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through-- ``(1) the solicitation of written comments from the public; and ``(2) the conduct of at least 2 public hearings within the host State. ``(e) Support or Nonsupport by Host State.-- ``(1) In general.--Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall notify the host State of the opportunity to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph-- ``(A) a statement of support for the proposed PSDAR; ``(B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or ``(C) a statement of nonsupport for the proposed PSDAR. ``(2) Statement of support or nonsupport; failure to submit.-- ``(A) In general.--If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate-- ``(i) based on the considerations described in subparagraph (B); and ``(ii) after taking into account-- ``(I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and ``(II) any input from the public under subsection (d). ``(B) Considerations.--The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that-- ``(i) the proposed PSDAR provides for the overall protection of human health and the environment; ``(ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; ``(iii) the proposed PSDAR is in accordance with applicable law (including regulations); and ``(iv) the licensee has demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. ``(C) Determination of adequacy.--If the Commission determines that the proposed PSDAR is adequate under subparagraphs (A) and (B), the Commission shall issue a decision document approving the PSDAR. ``(D) Determination of inadequacy.--If the Commission determines that the proposed PSDAR is inadequate under subparagraphs (A) and (B)-- ``(i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and ``(ii) not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(3) Conditional support by host state.-- ``(A) In general.--The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). ``(B) Changes.--For each change recommended by the host State under paragraph (1)(B), the Commission shall-- ``(i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that-- ``(I) the change violates applicable law; or ``(II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and ``(ii) provide the rationale for a determination of inappropriateness under clause (i). ``(C) Decision document.-- ``(i) In general.--Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that-- ``(I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or ``(II) rejects the proposed PSDAR. ``(ii) Applicable law.--A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). ``(D) Acceptance.--If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)-- ``(i) the PSDAR is final; and ``(ii) the licensee may begin implementation of the PSDAR. ``(E) Rejection.--If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(f) Additional Requirement.--Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. ``(g) Application to Existing Decommissioning Activities.-- ``(1) In general.--The Commission shall notify-- ``(A) each licensee of the opportunity to develop a revised PSDAR for any facility of the licensee for which a PSDAR has been submitted but, as of the date of enactment of the Nuclear Plant Decommissioning Act of 2016-- ``(i) decontamination and dismantlement activities have not commenced; or ``(ii) decontamination and dismantlement activities have been commenced for less than 1 year; and ``(B) each State that is within 50 miles of the facility described in subparagraph (A) of the opportunity to consult with the licensee described in subparagraph (A) in accordance with subsection (b). ``(2) Process.-- ``(A) In general.--Except as provided in paragraphs (3) and (4), if a licensee described in paragraph (1) elects to develop a revised PSDAR, the process for consideration and approval of the revised PSDAR under paragraph (1) shall be carried out in accordance with-- ``(i) the process for the consideration and approval of a proposed PSDAR for covered facilities described in subsections (b) through (d) and subsection (f); and ``(ii) the process for support or nonsupport by the host State as described in subsection (e). ``(B) Nonselection.--If a licensee described in paragraph (1) elects not to revise the original PSDAR, the entities described in subsection (b) may file a statement of support or nonsupport for the original PSDAR in accordance with the process for support or nonsupport by the host State described in subsection (e). ``(3) Decision document.--A decision document for a revised PSDAR submitted under this subsection, or for the original PSDAR if the licensee elects not to revise the original PSDAR, shall be carried out in accordance with subsection (e)(3)(C), except that the deadline for the Commission to issue a decision document shall be by not later than 1 year after the decontamination and dismantlement activities have commenced. ``(4) Revision after determination of inadequacy.--If the Commission rejects the revised PSDAR in accordance with the process for rejection under subsection (e)(3)(E), the licensee shall develop and submit to the Commission a new revised PSDAR in accordance with this subsection by not later than 2 years after the date on which the Commission rejects the revised PSDAR.''. | Nuclear Plant Decommissioning Act of 2016 This bill amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the shutdown of a nuclear facility. In the state where the nuclear facility is located, the NRC is required to: (1) solicit public comments on a proposed PSDAR; (2) conduct at least two public hearings; and (3) invite the state to file a statement of support, nonsupport, or conditional support for the proposed PSDAR with specific recommendations that could lead to support. The bill prescribes the criteria for determining whether a proposed PSDAR is permissible if a host state files a statement of conditional support. The NRC must determine the adequacy or inadequacy of a proposed PSDAR and issue a decision document accordingly The NRC must not approve a proposed PSDAR unless the proposed PSDAR requires compliance with applicable state law relating to air, water, soil quality, or radiological standards if the state law is more restrictive than its federal counterpart. The NRC must notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantling activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of such facility that they have the opportunity to consult with the licensee who submitted the PSDAR. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Generation Biofuel Producer Tax Credit Act of 2009''. SEC. 2. SECOND GENERATION BIOFUEL PRODUCER CREDIT. (a) Credit Amount Determined Based on BTU Content of Fuel.-- Subparagraph (B) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Applicable amount.--For purposes of this paragraph-- ``(i) In general.--The term `applicable amount' means, with respect to any type of second generation biofuel, the dollar amount which bears the same ratio to $1.01 as the BTU content of such type of fuel bears to the BTU content of ethanol. For purposes of the preceding sentence, the types of second generation biofuel and the BTU content of such types shall be determined in accordance with the table prescribed under clause (ii). ``(ii) BTU content determined by secretary.--The Secretary, after consultation with the Secretary of Energy, shall prescribe a table which lists the types of second generation biofuel and the BTU content of each such type. ``(iii) Coordination with alcohol credits.--In the case of second generation biofuel which is alcohol, the applicable amount determined under clause (i) shall be reduced by the sum of-- ``(I) the amount of the credit in effect for such alcohol under subsection (b)(1) (without regard to subsection (b)(3)) at the time of the qualified second generation biofuel production, plus ``(II) in the case of ethanol, the amount of the credit in effect under subsection (b)(4) at the time of such production.''. (b) Expansion of Qualified Fuels.-- (1) In general.--Subclause (I) of section 40(b)(6)(E)(i) of such Code is amended to read as follows: ``(I) is derived solely from qualified feedstocks, and''. (2) Qualified feedstock.--Paragraph (6) of section 40(b) of such Code is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Qualified feedstock.--For purposes of this paragraph, the term `qualified feedstock' means-- ``(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and ``(ii) any cultivated algae, cyanobacteria, or lemna.''. (3) Conforming amendments.-- (A) Section 40 of such Code is amended-- (i) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (ii) by striking ``Cellulosic'' in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ``Second generation'', and (iii) by striking ``cellulosic'' in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(F), (d)(6), and (e)(3) and inserting ``second generation''. (B) Clause (iii) of section 40(b)(6)(E) of such Code, as redesignated by paragraph (2), is amended by striking ``Such term shall not'' and inserting ``The term `second generation biofuel' shall not''. (C) Paragraph (1) of section 4101(a) of such Code is amended by striking ``cellulosic biofuel'' and inserting ``second generation biofuel''. (c) Exclusion of Fuels Produced From Coprocessing With Nonqualified Feedstocks.--Subparagraph (E) of section 40(b)(6) of such Code is amended by adding at the end the following new clause: ``(iii) Exclusion of fuels produced from coprocessing with nonqualified feedstocks.--The term `second generation biofuel' shall not include any fuel derived from coprocessing a qualified feedstock with any feedstock which is not a qualified feedstock.''. (d) Exclusion of Unprocessed Fuels.--Subparagraph (E) of section 40(b)(6) of such Code, as amended by subsection (c), is amended by adding at the end the following new clause: ``(iv) Exclusion of unprocessed fuels.--The term `second generation biofuel' shall not include any fuel if-- ``(I) more than 4 percent of such fuel (determined by weight) is any combination of water and sediment, or ``(II) the ash content of such fuel is more than 1 percent (determined by weight).''. (e) Liquid Fuel Defined.-- (1) In general.--Paragraph (6) of section 40(b) of such Code, as amended by subsection (b), is amended by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph (F) the following new subparagraph: ``(G) Liquid fuel.--The term `liquid fuel' shall not include any fuel unless such fuel would be a liquid at room temperature after extraction of all water from the fuel.''. (2) Application to alcohol mixture credit.--Paragraph (2) of section 40(d) of such Code is amended by inserting ``, within the meaning of subsection (b)(6)(G),'' after ``liquid fuel (other than gasoline)''. (3) Application to renewable diesel.--Paragraph (3) of section 40A(f) of such Code is amended by inserting ``(within the meaning of section 40(b)(6)(G))'' after ``liquid fuel''. (f) Registration of Fuels.--Subparagraph (I) of section 40(b)(6) of such Code, as redesignated by subsections (b) and (e), is amended to read as follows: ``(I) Registration requirements.--No credit shall be determined under this paragraph with respect to any second generation biofuel produced by the taxpayer unless-- ``(i) such taxpayer is registered with the Secretary as a producer of second generation biofuel under section 4101, and ``(ii) such taxpayer provides the Secretary such information with respect to such second generation biofuel as the Secretary may (after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency) require, including-- ``(I) the type of such second generation biofuel, ``(II) the feedstocks from which such second generation biofuel is derived, and ``(III) the BTU content of such second generation biofuel.''. (g) Application of Biofuel Reforms to Bonus Depreciation for Biofuel Plant Property.-- (1) In general.--Subparagraph (A) of section 168(l)(2) of such Code is amended by striking ``solely to produce cellulosic biofuel'' and inserting ``solely to produce second generation biofuel (as defined in section 40(b)(6)(E)''. (2) Conforming amendments.--Subsection (l) of section 168 of such Code is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively, (C) by striking ``Cellulosic'' in the heading of such subsection and inserting ``Second Generation'', and (D) by striking ``cellulosic'' in the heading of paragraph (2) and inserting ``second generation''. (h) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act. (2) Application to bonus depreciation.--The amendments made by subsection (g) shall apply to property placed in service after the date of the enactment of this Act. (3) Temporary rule for determining credit amount based on btu content of fuel.--With respect to any fuel sold or used after the date of the enactment of this Act and before the date on which the Secretary prescribes the table described in clause (ii) of section 40(b)(6)(B) of the Internal Revenue Code of 1986 (as amended by this Act), clause (i) of such section shall be applied by treating all second generation biofuel as though it were ethanol. | Second Generation Biofuel Producer Tax Credit Act of 2009 - Amends Internal Revenue Code provisions relating to the cellulosic biofuel producer tax credit to: (1) revise the applicable amount of such credit by linking it to the British thermal unit (BTU) content of second generation biofuels as determined by the Secretary of the Treasury; (2) expand the definition of "qualified feedstock" to include any cultivated algae, cyanobacteria, or lemna; (3) exclude from the definition of "second generation biofuel" certain fuel produced from coprocessing with nonqualified feedstocks and certain unprocessed fuels; (4) require producers of second generation biofuels to register with the Secretary; and (5) allow an additional depreciation allowance for property used to produce second generation biofuel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Measures Feasibility Act''. SEC. 2. STUDIES RELATED TO STATE-ISSUED DRIVER'S LICENSES AND IDENTIFICATION CARDS. (a) Study on Security Measures for State-Issued Driver's Licenses and Identification Cards.-- (1) Feasibility study.--Commencing not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to evaluate-- (A) the ability of the States to develop and implement the security measures for the issuance and use of driver's licenses and identification cards described in subsection (b); (B) the cost of developing and implementing each such measure, for each State; and (C) the amount of time that such development and implementation would require, for each State. (2) Security measures.--The study under subsection (a) shall address the following: (A) Incorporation of physical security features designed to prevent tampering, counterfeiting, or duplication of driver's licenses and identification cards for fraudulent purposes. (B) Use of a uniform machine-readable technology for driver's licenses and identification cards by all States. (C) Use of available technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. (D) Implementation of a standard for the retention of paper copies of source documents for a minimum of 7 years and digital images of source documents for a minimum of 10 years. (E) Subjecting each person applying for a driver's license or identification card to a mandatory facial image capture. (F) Implementation of an effective procedure to confirm or verify a renewing applicant's information. (G) Implementation of an effective procedure to confirm with the Social Security Administration that a social security account number presented by the applicant is legitimate and to resolve any discrepancies about such a number that might occur. (H) Implementation of procedures to ensure the physical security of locations where driver's licenses and identification cards are produced and to ensure the security of document materials and papers from which driver's licenses and identification cards are produced. (I) Subjecting all persons authorized to manufacture or produce driver's licenses and identification cards to appropriate security clearance requirements. (J) Provision of training in fraudulent document recognition for appropriate employees engaged in the issuance of driver's licenses and identification cards. (K) Full participation in the interstate compact regarding the sharing of driver's license data, known as the ``Driver's License Agreement'', in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. (L) Establishment of State motor vehicle databases that contain, at a minimum, all data fields printed on driver's licenses and identification cards issued by the State, and motor vehicle driver's histories, including motor vehicle violations, suspensions, and points on licenses. (M) Establishment of two category systems for driver's licenses, one for citizens and lawful permanent residents of the United States which would have to be renewed after a fixed period of time and another for nonimmigrant aliens which would expire at the expiration of the nonimmigrant's authorized period of stay in the United States. (N) Implementation of an effective procedure to verify the issuance, validity, and completeness of every document required to be presented by an applicant for a driver's license or identification card. (O) Routine utilization of the automated system known as ``Systematic Alien Verification for Entitlements''. (P) Establishing a system for ensuring that, in every case in which the State issues a driver's license or identification card that does not satisfy the these security measures, the license or identification card clearly states on its face that it may not be accepted by any Federal agency for any official purpose and uses a design or color indicator to alert Federal agencies that it may not be accepted for any such purpose. (b) Study on Consequences of Making Driver's Licenses Unavailable to Undocumented Aliens.--Commencing not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the adverse consequences that could result from preventing aliens who are unlawfully present in the United States from obtaining driver's licenses, taking into account the probability that such an alien will drive without a license if rendered ineligible to receive one based on such unlawful status. (c) Report to Congress.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of the Congress and the Secretary of Homeland Security a report on the findings and recommendations resulting from the studies described in subsections (a) and (b). (2) Elements.--The report under paragraph (1) shall include the following: (A) The assessment of the Comptroller General on each matter addressed by such studies. (B) Any recommendation of the Comptroller General for administrative action on any matter specified in subsection (a) or (b) that the Comptroller General considers necessary to better protect the security of driver's licenses and identification cards issued by the States. (C) Any recommendation of the Comptroller General for legislative action on any matter specified in subsection (a) or (b) that the Comptroller General considers necessary to better protect the security of driver's licenses and identification cards issued by the States. (3) Form.--If necessary, the Comptroller General may submit a classified and unclassified version of the report. (d) Appropriate Committees of the Congress Defined.--In this section, the term ``appropriate committees of the Congress'' means-- (1) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (2) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the United States House of Representatives. | Security Measures Feasibility Act - Requires the Comptroller General to conduct a study evaluating: (1) the ability of the States to develop and implement specified security measures (including the incorporation of anti-fraud features, the use of uniform machine-readable technology, and implementation of a social security number confirmation system) for the issuance and use of driver's licenses and identification cards; (2) the cost of developing and implementing each such measure for each State; and (3) the amount of time that such development and implementation would require for each State. Directs the Comptroller General to conduct a study of the potential adverse consequences of preventing aliens unlawfully present in the United States from obtaining driver's licenses. Requires the Comptroller General to report findings of both studies to appropriate congressional committees and to the Secretary of Homeland Security, incorporating any recommendations for administrative or legislative action. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Act of 2002''. SEC. 2. DISGORGEMENT REQUIRED. (a) Administrative Actions.--Within 30 days after the date of enactment of this Act, the Securities and Exchange Commission shall prescribe regulations to require disgorgement, in a proceeding pursuant to its authority under section 21A, 21B, or 21C (15 U.S.C. 78u-1, 78u- 2, 78u-3), of salaries, commissions, fees, bonuses, options, profits from securities transactions, and losses avoided through securities transactions obtained by an officer or director of an issuer during or for a fiscal year or other reporting period if such officer or director engaged in misconduct resulting in, or made or caused to be made in, the filing of a financial statement for such fiscal year or reporting period which-- (1) was at the time, and in the light of the circumstances under which it was made, false or misleading with respect to any material fact; or (2) omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading, (b) Judicial Proceedings.--Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following new paragraph: ``(5) Additional disgorgement authority.--In any action or proceeding brought or instituted by the Commission under the securities laws against any person-- ``(A) for engaging in misconduct resulting in, or making or causing to be made in, the filing of a financial statement which-- ``(i) was at the time, and in the light of the circumstances under which it was made, false or misleading with respect to any material fact; or ``(ii) omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading; or ``(B) for engaging in, causing, or aiding and abetting any other violation of the securities laws or the rules and regulations thereunder, such person, in addition to being subject to any other appropriate order, may be required to disgorge any or all benefits received from any source in connection with the conduct constituting, causing, or aiding and abetting the violation, including (but not limited to) salary, commissions, fees, bonuses, options, profits from securities transactions, and losses avoided through securities transactions.''. SEC. 3. CEO AND CFO ACCOUNTABILITY FOR DISCLOSURE. (a) Regulations Required.--The Securities and Exchange Commission shall by rule require, for each company filing periodic reports under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that the principal executive officer or officers and the principal financial officer or officers, or persons performing similar functions, certify in each annual or quarterly report filed or submitted under either such section of such Act that-- (1) the signing officer has reviewed the report; (2) based on the officer's knowledge, the report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading; (3) based on such officer's knowledge, the financial statements, and other financial information included in the report, fairly present in all material respects the financial condition and results of operations of the issuer as of, and for, the periods presented in the report; (4) the signing officers-- (A) are responsible for establishing and maintaining internal controls; (B) have designed such internal controls to ensure that material information relating to the issuer and its consolidated subsidiaries is made known to such officers by others within those entities, particularly during the period in which the periodic reports are being prepared; (C) have evaluated the effectiveness of the issuer's internal controls as of a date within 90 days prior to the report; and (D) have presented in the report their conclusions about the effectiveness of their internal controls based on their evaluation as of that date; (5) the signing officers have disclosed to the issuer's auditors and the audit committee of the board of directors (or persons fulfilling the equivalent function)-- (A) all significant deficiencies in the design or operation of internal controls which could adversely affect the issuer's ability to record, process, summarize, and report financial data and have identified for the issuer's auditors any material weaknesses in internal controls; and (B) any fraud, whether or not material, that involves management or other employees who have a significant role in the issuer's internal controls; and (6) the signing officers have indicated in the report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of their evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. (b) Deadline.--The rules required by subsection (a) shall be effective not later than 30 days after the date of enactment of this Act. SEC. 4. REMOVAL OF UNFIT CORPORATE OFFICERS. (a) Removal in Judicial Proceedings.-- (1) Securities act of 1933.--Section 20(e) of the Securities Act of 1933 (15 U.S.C. 77t(e)) is amended by striking ``substantial unfitness'' and inserting ``unfitness''. (2) Securities exchange act of 1934.--Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is amended by striking ``substantial unfitness'' and inserting ``unfitness''. (b) Removal in Administrative Proceedings.-- (1) Securities act of 1933.--Section 8A of the Securities Act of 1933 (15 U.S.C. 77h-1) is amended by adding at the end the following new subsection: ``(f) Authority to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 17(a)(1) of this title from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 or that is required to file reports pursuant to section 15(d) of that Act if the person's conduct demonstrates unfitness to serve as an officer or director of any such issuer.''. (2) Securities exchange act of 1934.--Section 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by adding at the end the following new subsection: ``(f) Authority to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 10(b) of this title or the rules or regulations thereunder from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of this title or that is required to file reports pursuant to section 15(d) of this title if the person's conduct demonstrates unfitness to serve as an officer or director of any such issuer.''. | Corporate Responsibility Act of 2002 - Instructs the Securities and Exchange Commission (SEC) to require disgorgement of salaries, commissions, fees, bonuses, options, profits, and losses avoided through securities transactions obtained by an officer or director of an issuer during a reporting period when such officer or director engaged in misconduct resulting in the filing of a false or materially misleading financial statement.Requires the principal executive officer or officers and the principal financial officer or officers to certify in each annual or quarterly report filed or submitted that: (1) the signing officer has reviewed the report and that it does not contain untrue statements of a material fact or omit a material fact; (2) such report fairly presents the financial condition and results of operation in all material respects; (3) the signing officers have established and maintained effective internal controls and disclosed to the auditors and the audit committee of the board of directors any significant deficiencies in such controls which could adversely affect financial data and any fraud, whether or not material; and (4) there were or were not changes in internal controls or other factors that could significantly affect such controls subsequent to their evaluation.Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to establish a standard of unfitness (as opposed to the current "substantial unfitness") for removal of corporate officers in a judicial, administrative, or cease-and-desist proceeding.Authorizes the SEC, in a cease-and-desist proceeding, to prohibit those who used manipulative and deceptive devices in the purchase, sale, or swap of securities from serving as officers as directors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Sprinkler Incentive Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) since the publication of the original study and comprehensive list of recommendations in America Burning, written in 1974, requested advances in fire prevention through the installation of automatic sprinkler systems in existing buildings have yet to be fully implemented; (2) fire departments responded to approximately 1,700,000 fires in 2001; (3) there were 3,745 non-terrorist related deaths in the United States and almost 21,000 civilian injuries resulting from fire in 2001; (4) 99 firefighters were killed in 2001, excluding the terrorist acts on September 11th; (5) fire caused $8,900,000,000 in direct property damage in 2001, and sprinklers are responsible for a 43 to 70 percent reduction in property damage from fires in public assembly, educational, residential, commercial, industrial and manufacturing buildings; (6) fire departments respond to a fire every 18 seconds, a fire breaks out in a structure every 60 seconds and in a residential structure every 80 seconds in the United States; (7) the Station Nightclub in West Warwick, Rhode Island, did not contain an automated sprinkler system and burned down, killing 99 people on February 20, 2003; (8) due to an automated sprinkler system, not a single person was injured from a fire beginning in the Fine Line Music Cafe in Minneapolis after the use of pyrotechnics on February 17, 2003; (9) the National Fire Protection Association has no record of a fire killing more than 2 people in a completely sprinklered public assembly, educational, institutional or residential building where the system was properly installed and fully operational; (10) sprinkler systems dramatically improve the chances of survival of those who cannot save themselves, specifically older adults, young children and people with disabilities; (11) the financial cost of upgrading fire counter measures in buildings built prior to fire safety codes is prohibitive for most property owners; (12) many State and local governments lack any requirements for new structures to contain automatic sprinkler systems; (13) under the present straight-line method of depreciation, there is a disincentive for building safety improvements due to an extremely low rate of return on investment; and (14) the Nation is in need of incentives for the voluntary installation and retrofitting of buildings with automated sprinkler systems to save the lives of countless individuals and responding firefighters as well as drastically reduce the costs from property damage. SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 5-year property) is amended by striking ``and'' at the end of clause (V), by striking the period at the end of clause (vi) and inserting ``, and '', and by adding at the end the following: ``(vii) any automatic fire sprinkler system placed in service after the date of the enactment of this clause in a building structure which was placed in service before such date of enactment.''. (b) Alternative Sysem.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the third item the following: ``(B)(vii).................................................. 7''. (c) Definition of Automatic Fire Sprinkler System.--Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(15) Automated fire sprinkler system.--The term `automated fire sprinkler system' means those sprinkler systems classified under one or more of the following publications of the National Fire Protection Association-- ``(A) NFPA 13, Installation of Sprinkler Systems, ``(B) NFPA 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, and ``(C) NFPA 13 R, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | Fire Sprinkler Incentive Act of 2004 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. . |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Alcohol Advertising Standards for Children Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Television advertising influences children's perception of the values and behavior that are common and acceptable in society. (2) Television station operators and cable television system operators should follow practices in connection with the advertising of alcoholic beverages that take into consideration that television broadcast and cable advertising have established a uniquely pervasive presence in the lives of American children. (3) The average American child is exposed to 25 hours of television each week and some children are exposed to as much as 11 hours of television a day. (4) In 1995, alcohol producers, led by brewers, spent $682,600,000 advertising their products in the broadcast media. Much of that advertising appeared on sports programming, in prime time, or at other times when substantial numbers of underage persons were in the viewing and listening audience. Many of the themes used in the ads--humor, parties, athletic pursuits--have great appeal for young people. The most popular beer ads use animated characters, animals, or music which also amuse and attract children and teens. (5) The current advertising codes of brewers and distillers, even when observed by industry members, provide inadequate standards to restrain most of the current advertising messages that reach young people and teach them to drink. These codes are unenforceable, do not apply to all alcohol companies, and institutionalize, rather than restrict, advertising practices that subject young people to massive, continuous, and persuasive inducements to drink. Although individual broadcast networks and independent stations have adopted standards governing the acceptance of advertising for alcoholic beverages, those standards lack uniformity, do not apply to all broadcasters, nor do they help shield large audiences of underage persons from alcohol promotions. (6) Alcohol producers claim to have no interest in attracting underage persons, for whom the purchase and use of their products are illegal. The development of voluntary broadcast industry alcohol advertising standards to protect children would avoid broader government restrictions on alcohol advertising and permit alcohol producers to continue to legitimately promote their products to adult consumers. Therefore, enforceable voluntary broadcast standards provide a minimally restrictive, necessary condition on alcohol producer marketing activities, one that is consistent with their business missions and social responsibility. SEC. 3. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING CODES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``SEC. 337. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING CODES. ``(a) Authority To Prescribe Standards.--Except as otherwise provided by this section, the Commission shall prescribe, on the basis of recommendations from an advisory committee established by the Commission, a code of conduct that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads, as well as the role of public information messages about the risks of alcohol use by minors. ``(b) Advisory Committee Requirements.--In establishing an advisory committee for purposes of subsection (a) of this section, the Commission shall-- ``(1) ensure that such committee is composed of parents, television broadcasters, cable operators, appropriate public interest groups, and other interested individuals from the private sector and is fairly balanced in terms of political affiliation, the points of view represented, and the functions to be performed by the committee; ``(2) provide to the committee such staff and resources as may be necessary to permit it to perform its functions efficiently and promptly; and ``(3) require the committee to submit a final report of its recommendations within one year after the date of the appointment of the initial members. ``(c) Antitrust Exemption.-- ``(1) Exemption.--The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating a voluntary code designed to limit the exposure and appeal to minors of alcoholic beverage advertisements in video programming. ``(2) Limitations.--The exemption provided in paragraph (1)-- ``(A) shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person; and ``(B) shall apply only to any joint discussion, consideration, review, action, or agreement engaged in only during the 1-year period beginning on the date of the enactment of this section. ``(d) Enforcement of Codes by Forfeiture Penalties.--For the purposes of sections 503 and 504 of this Act, any advertising code established pursuant to subsection (a) or (c) of this section shall be considered to be a regulation prescribed by the Commission pursuant to this Act. ``(e) Applicability of Requirement for Commission To Prescribe Code.--The requirement of subsection (a) shall take effect 1 year after the date of enactment of this section, but only if the Commission determines, in consultation with appropriate public interest groups and interested individuals from the private sector, that-- ``(1) persons in the television industry have not, by such date, established and implemented a voluntary code of conduct that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads, as well as the role of public information messages about the risks of alcohol used by minors; and ``(2) such code is acceptable to the Commission. ``(f) Annual Report.--The Commission shall include in each annual report pursuant to section 4(k) of this Act submitted after the date of enactment of this section an assessment of the extent to which a code established under subsection (a) or (c) of this section has been successfully implemented, and is rigorously complied with, by distributors of video programming. ``(g) Definitions.--For purposes of this section: ``(1) The term `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. ``(2) The term `person in the television industry' means a television network, any entity which produces programming (including theatrical motion pictures) for telecasting or telecasts programming, the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, the Community Antenna Television Association, and each of the networks' affiliate organizations, and shall include any individual acting on behalf of such person. ``(3) The term `video programming' has the meaning provided in section 602 of this Act.''. | Voluntary Alcohol Advertising Standards for Children Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), on the basis of recommendations from an advisory committee established by the FCC, to prescribe a code of conduct (code) that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads as well as the role of public information messages about the risks of alcohol use by minors. Outlines advisory committee requirements. Provides an antitrust exemption, with limitations, for any action or agreement among persons in the television industry undertaken to develop and disseminate such a voluntary code. Requires the FCC to prescribe such code within one year after enactment of this Act, unless the television industry has established a voluntary code which is acceptable to the FCC. Requires the FCC to include in a currently required annual report an assessment of the extent to which a code has been successfully implemented, and complied with, by video programming distributors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Adjacent Zone Revenue Sharing Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is an Arctic nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands; (2) the Arctic region of the United States-- (A) is home to an indigenous population that has subsisted for millennia on the abundance of marine mammals, fish, and wildlife in the Arctic region, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States; (3) temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average; (4) the Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice-free during summer months in as few as 30 years; (5) those changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, the communities and ecosystems of the people, as well as the marine mammals, fish, and wildlife on which the people depend; and (6) those changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State all or part of which-- ``(i) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii) the closest point of which is not more than 300 statute miles from the geographical center of any leased tract. ``(B) Distance.--The terms `distance' means minimum great circle distance. ``(C) Indian tribe.--The term `Indian tribe' means an Alaska Native entity recognized and eligible to receive services from the Bureau of Indian Affairs, the headquarters of which is located within 300 miles of the geographical center of a leased tract. ``(D) Leased tract.--The term `leased tract' means a tract leased under this Act for the purpose of drilling for, developing, and producing oil or natural gas resources. ``(E) State.--The term `State' means the State of Alaska. ``(2) Bonus bids.--Subject to paragraphs (4), (5), and (6), effective beginning on the date that is 5 years after the date of enactment of this subsection, the State shall, without further appropriation or action, receive 37.5 percent of any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone. ``(3) Post leasing revenues.--Subject to paragraphs (4), (5), and (6), in addition to bonus bids under paragraph (1), the State shall receive, from leasing of the area, 37.5 percent of-- ``(A) any lease rental payments; ``(B) any lease royalty payments; ``(C) any royalty proceeds from a sale of royalties taken in kind by the Secretary; and ``(D) any other revenues from a bidding system under section 8. ``(4) Allocation among coastal political subdivisions of the state.-- ``(A) In general.--The Secretary shall pay 20 percent of any allocable share of the State, as determined under paragraphs (2) and (3), directly to coastal political subdivisions. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the coastal political subdivisions within 300 miles of the geographical center of the leased tract based on the relative distance of the coastal political subdivisions from the leased tract in accordance with this subparagraph. ``(ii) Distances.--For each coastal political subdivision, the Secretary shall determine the distance between the point on the coastal political subdivision coastline closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among coastal political subdivisions in amounts that are inversely proportional to the applicable distances determined under clause (ii). ``(5) Allocation among regional corporations.-- ``(A) In general.--The Secretary shall pay 33 percent of any allocable share of the State, as determined under this subsection, directly to certain Regional Corporations established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)). ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the Regional Corporations, after determining those Native villages within the region of the Regional Corporation which are within 300 miles of the geographical center of the leased tract based on the relative distance of such villages from the leased tract, in accordance with this paragraph. ``(ii) Distances.--For each such village, the Secretary shall determine the distance between the point in the village closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the qualifying Regional Corporations in amounts that are inversely proportional to the distances of all of the Native villages within each qualifying region. ``(iv) Revenues.--All revenues received by each Regional Corporation shall be-- ``(I) treated by the Regional Corporation as revenue subject to the distribution requirements of section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)(1)(A)); and ``(II) divided annually by the Regional Corporation among all 12 Regional Corporations in accordance with section 7(i) of that Act. ``(v) Further distribution.--A Regional Corporation receiving revenues under clause (iv)(II) shall further distribute 50 percent of the revenues received in accordance with section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)). ``(6) Allocation among indian tribes.-- ``(A) In general.--The Secretary shall pay 7 percent of any allocable share of the State, as determined under this subsection, directly to Indian tribes. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay Indian tribes based on the relative distance of the headquarters of the Indian tribes from the leased tract, in accordance with this subparagraph. ``(ii) Distances.--For each Indian tribe, the Secretary shall determine the distance between the location of the headquarters of the Indian tribe and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the Indian tribes in amounts that are inversely proportional to the distances described in clause (ii). ``(7) Conservation royalty.--After making distributions under paragraphs (2) and (3) and section 31, the Secretary shall, without further appropriation or action, distribute a conservation royalty equal to 6.25 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to provide financial assistance to States under section 6 of that Act (16 U.S.C. 460l-8). ``(8) Deficit reduction.--After making distributions in accordance with paragraphs (2) and (3) and in accordance with section 31, the Secretary shall, without further appropriation or action, distribute an amount equal to 6.25 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into direct Federal deficit reduction.''. | Alaska Adjacent Zone Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to require that the state of Alaska receive 37.5% of: (1) any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone; and (2) specified post-leasing revenues including lease rental payments and lease royalty payments, as well as royalty proceeds from a sale of royalties taken in kind. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 20% of any allocable state share directly to coastal political subdivisions; (2) 33% of any allocable state share to certain Regional Corporations; and (3) 7% of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute 6.25% of certain federal royalty revenues into: (1) a specified land and water conservation fund to provide financial assistance to states; and (2) direct federal deficit reduction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Community Health Advisor Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Communities across America have joined forces with State health departments, academic institutions, and community- based public and nonprofit organizations to improve the health of their neighborhoods and help us as a Nation reach the Healthy People 2000 objectives. (2) Recognizing the difficult barriers confronting their medically underserved communities--poverty, geographic isolation, cultural differences, lack of transportation, low literacy, and lack of access to services--community leaders are becoming bridges between their communities and local health and social service providers to break down these barriers. (3) These community leaders, often referred to as community health advisors, are uniquely knowledgeable about their communities' needs. (4) Community health advisors can communicate to health and social service providers the needs of community members, provide quality health promotion and disease prevention information to the community, and serve as the crucial link between their community and service providers. (5) Community health advisors can increase utilization of available preventive health services, increase the effectiveness of the health care delivery system, reduce preventable morbidity and mortality, and improve the quality of life of their neighbors. (6) Community health advisors can be a critical part of our national challenge to meet the Healthy People 2000 vision for the new century. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``authorized program services'', with respect to a community health advisor program, means the services authorized in section 5(a) to be included in a plan under such section. (2) The term ``community health advisor'' means an individual-- (A) who has demonstrated the capacity to carry out one or more of the authorized program services; (B) who, for not less than 1 year, has been a resident of the community in which the community health advisor program involved is to be operated; and (C) is a member of the target population to be served by the program. (3) The term ``community health advisor program'' means a program carried out in accordance with a plan under section 5(a). (4) The term ``financial assistance'', with respect to an award under section 4, means a grant, cooperative agreement, or a contract. (5) The term ``Healthy People 2000 Objectives'' means the objectives established by the Secretary toward the goals of increasing the span of healthy life, reducing health disparities among various populations, and providing access to preventive services, which objectives apply to the health status of the population of the United States for the year 2000. (6) The term ``medically underserved community'' means-- (A) a community that has a substantial number of individuals who are members of a medically underserved population, as defined in section 330 of the Public Health Service Act; or (B) a community a significant portion of which is a health professional shortage area designated under section 332 of such Act. (7) The term ``official poverty line'' means the official poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981, which poverty line is applicable the size of the family involved. (8) The term ``Secretary'' means the Secretary of Health and Human Services. (9) The term ``State'' means each of the several States, the District of Columbia, and each of the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands. (10) The term ``State involved'', with respect to an applicant for an award under section 4, means the State in which the applicant is to carry out a community health advisor program. SEC. 4. FORMULA GRANTS REGARDING COMMUNITY HEALTH ADVISOR PROGRAMS. (a) Formula Grants.--In the case of each State (or entity designated by a State under subsection (c)) that submits to the Secretary a plan in accordance with section 5(a) for a fiscal year, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the heads of the agencies specified in subsection (b), shall make an award of financial assistance to the State or entity for the development and operation of community health advisor programs under the plan. The award shall consist of the allotment determined under section 7 with respect to the State, subject to section 11(b). (b) Coordination With Other Agencies.--The agencies referred to in subsection (a) regarding coordination are the Health Resources and Services Administration, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration. (c) Designated Entities.--With respect to the State involved, an entity other than the State may receive an award under subsection (a) only if the entity-- (1) is a public or nonprofit private academic organization (or other public or nonprofit private entity); and (2) has been designated by the State to carry out the purpose described in such subsection in the State and to receive amounts under such subsection in lieu of the State. SEC. 5. STATE PLAN. (a) In General.--An applicant for an award under section 4 for a fiscal year may receive such an award only if the applicant submits to the Secretary a plan for such year that is in such form, is made in such manner, and is submitted at such time as the Secretary may require, and that meets the following requirements: (1) The plan contains a description of how-- (A) if the applicant is a State, the award will be administered by the State agency with the principal responsibility for carrying out public health programs; and (B) if the applicant is an entity designated under section 4, the award will be administered in consultation with such State agency. (2)(A) The plan contains a description of how the applicant will-- (i) operate a clearinghouse to maintain and disseminate information on community health advisor programs (and similar programs) in the State; (ii) provide to community health advisor programs in the State technical assistance in training community health advisors; and (iii) provide to community health advisor programs in the State evaluation assistance in evaluating their community health advisor programs and preparing the reports required in paragraph (22); and (B) The plan contains assurances that-- (i) not more than 15 percent of the award will be expended in the aggregate for carrying out subparagraph (A) and for the expenses of administering the award with respect to the State involved; and (ii) the remainder of the award will be provided directly to community health advisor programs in the State for carrying out the duties of the programs pursuant to this subsection. (3) The plan contains a description of how the applicant will use the award, including the following: (A) description of the criteria the applicant will use to identify which community-based public and private nonprofit entities will receive funds from the award and how the funds will be allocated among such public and private nonprofit entities. (B) A description of how the award will assist the State involved in attaining the Healthy People 2000 Objectives. (C) Assurances that for each community health advisor program operated with the award, a program is carried out to train community health advisors to provide the authorized program services. (D) Assurances that, for each community health advisor program operated with the award, a program of evaluation will be carried out. (E) A description of how the applicant will identify and consider the needs of the community involved for the authorized program services. (F) Assurances that each community health advisor program operated with the award will be provided in the cultural context most appropriate for the individuals served by the program. (G) A description of how the applicant will provide public education on health promotion and disease prevention and facilitate the use of available health services and health-related social services. (H) A description of how the applicant will provide health-related counseling. (I) A description of how the applicant will collaborate with and provide referrals for available health services and health-related social services. (J) Assurances that, with respect to the purposes for the award is authorized to be expended, the State involved will maintain expenditures of non-Federal amounts for such purposes at a level that is not less than the level of such expenditures maintained by the State for the fiscal year preceding the first fiscal year for which such an award is made with respect to the State. (K) Assurances that not more than 15 percent of the award will be expended for the program of training under subparagraph (C). (L) Assurances that the applicant will not provide amounts from the award to a community-based public and private nonprofit entity to operate a community health advisor program unless the entity complies with section 6. (M) Assurances that the applicant will carry out community health advisor programs in accordance with the guidelines established under section 8. (N) Such other information as the Secretary may require. (b) Certain Expenditures.--An award under section 4 may be expended to provide compensation for the services of community health advisors. SEC. 6. LOCAL PLAN. A community-based public or private nonprofit entity may receive funds from an award under section 4 for a fiscal year to operate a community health advisor program only if the entity submits to the recipient of such award a plan for such year that is in such form, is made in such manner, and is submitted at such time as the recipient may require. SEC. 7. DETERMINATION OF AMOUNT OF ALLOTMENT. (a) In General.--For purposes of section 4(a), the allotment under this section with respect to a State for a fiscal year is the greater of-- (1) the sum of the respective amounts determined for the State under subsection (b) and subsection (c); and (2) $500,000. (b) Amount Relating to Population.--For purposes of subsection (a), the amount determined under this subsection is the product of-- (1) an amount equal to 50 percent of the amount appropriated under section 11 for the fiscal year and available for awards under section 4; and (2) the percentage constituted by the ratio of-- (A) the number of individuals residing in the State involved; to (B) the sum of the respective amounts determined for each State under subparagraph (A). (c) Amount Relating to Poverty Level.--For purposes of subsection (a), the amount determined under this subsection is the product of-- (1) the amount determined under subsection (b)(1); and (2) the percentage constituted by the ratio of-- (A) the number of individuals residing in the State whose income is at or below an amount equal to 200 percent of the official poverty line; to (B) the sum of the respective amounts determined for each State under subparagraph (A). SEC. 8. QUALITY ASSURANCE; COST-EFFECTIVENESS. The Secretary shall establish guidelines for assuring the quality of community health advisor programs (including quality in the training of community health advisors) and for assuring the cost-effectiveness of the programs. SEC. 9. EVALUATIONS; TECHNICAL ASSISTANCE. (a) Evaluations.--The Secretary shall conduct evaluations of community health advisor programs, and disseminate information developed as a result of the evaluations. In conducting such evaluations, the Secretary shall determine whether the programs are in compliance with the guidelines established under section 8. (b) Technical Assistance.--The Secretary may provide technical assistance to recipients of awards under section 4 with respect to the planning, development, and operation of community health advisor programs. (c) Grants and Contracts.--The Secretary may carry out this section directly or through grants, cooperative agreements, or contracts. (d) Limitation on Expenditures.--Of the amounts appropriated under section 11 for a fiscal year, the Secretary may reserve not more than 5 percent for carrying out this section. SEC. 10. RULE OF CONSTRUCTION REGARDING PROGRAMS OF INDIAN HEALTH SERVICE. This Act may not be construed as requiring the Secretary to modify or terminate the program carried out by the Director of the Indian Health Service and designated by such Director as the Community Health Representative Program. The Secretary shall ensure that support for such Program is not supplanted by awards under section 4. In communities in which both such Program and a community health advisor program are being carried out, the Secretary shall ensure that the community health advisor program works in cooperation with, and as a complement to, the Community Health Representative Program. SEC. 11. FUNDING. (a) Authorization of Appropriations.--For the purpose of carrying out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2001. (b) Effect of Insufficient Appropriations for Minimum Allotments.-- (1) In general.--If the amounts made available under subsection (a) for a fiscal year are insufficient for providing each State (or entity designated by the State pursuant to section 4, as the case may be) with an award under section 4 in an amount equal to or greater than the amount specified in section 7(a)(2), the Secretary shall, from such amounts as are made available under subsection (a), make such awards on a discretionary basis. (2) Rule of construction.--For purposes of paragraph (1), awards under section 4 are made on a discretionary basis if the Secretary determines which States (or entities designated by States pursuant to such section, as the case may be) are to receive such awards, subject to meeting the requirements of this subtitle for such an award, and the Secretary determines the amount of such awards. | National Community Health Advisor Act - Mandates financial assistance to each applying State (or an agency designated by a State) for the development and operation of community health advisor programs. Sets forth a formula for determining the amount of allotments. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasonable Expectation of American Privacy Act of 2013'' or the ``REAP Act of 2013''. SEC. 2. INCREASED PROTECTIONS RELATING TO VOLUNTARY DISCLOSURE OF PASSWORD INFORMATION. Section 2702 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3)-- (i) by inserting after ``(not including the contents of communications covered by paragraph (1) or (2)'' the following: ``, or the password information covered by paragraph (4)''; and (ii) by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (3) the following: ``(4) a person or entity providing an electronic communication service or a remote computing service to the public shall not knowingly divulge to any person or entity the password information pertaining to a subscriber or customer of such service.''; (2) in subsection (c), by inserting after ``(not including the contents of communications covered by subsection (a)(1) or (2)'' the following: ``, or the password information covered by subsection (a)(4)''; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: ``(d) Exceptions for Disclosure of Password Information.--A provider described in subsection (a) may divulge the password information pertaining to a subscriber or customer of such service-- ``(1) as otherwise authorized in 2703 of this title; ``(2) with the lawful consent of the subscriber or customer; ``(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; ``(4) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; or ``(5) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of password information relating to the emergency.''; and (5) in subsection (e), as so redesignated, by inserting after ``subsection (b)(8)'' each place it appears, the following: ``or (d)(5)''. SEC. 3. INCREASED PROTECTIONS RELATING TO REQUIRED DISCLOSURE OF CUSTOMER COMMUNICATIONS AND PASSWORD INFORMATION. (a) In General.--Section 2703 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting after ``A governmental entity may require the disclosure by a provider of electronic communication service'' the following: ``or remote computing service''; (B) by striking ``in an electronic communications system for one hundred and eighty days or less''; and (C) by striking the second sentence; (2) by amending subsection (b) to read as follows: ``(b) Password Information.--A governmental entity may require a provider of electronic communication service or remote computing service to disclose the password information pertaining to a subscriber or customer of such service only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction.''; (3) in subsection (c)(1), by inserting after ``(not including the contents of communications'' the following: ``or the password information pertaining to a subscriber or customer of such service''; and (4) in subsection (d), by striking ``subsection (b) or (c)'' and inserting ``subsection (c)''. (b) Conforming Amendments.--Chapter 121 of title 18, United States Code, is amended-- (1) in section 2701(c)(3), by striking ``, 2704,''; (2) by repealing sections 2704 and 2705; and (3) in section 2706, by striking ``section 2702, 2703, or 2704'' and inserting ``section 2702 or 2703''. SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANSACTIONAL RECORDS AVAILABLE PURSUANT TO A COUNTERINTELLIGENCE REQUEST. Section 2709 of title 18, United States Code, is amended by inserting after subsection (f), the following: ``(g) Password Information.--A request made pursuant to subsection (b) for electronic communication transactional records may not include a request for the password information pertaining to a subscriber or customer of a provider of electronic communication service or remote computing service.''. SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TANGIBLE THINGS REQUIRED TO BE PRODUCED THROUGH A FISA COURT ORDER. Section 501(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)(1)) is amended by inserting after ``tangible things (including books, records, papers, documents, and other items'' the following: ``, but not including password information pertaining to a customer or subscriber of a provider of electronic communication service or remote computing service (as such terms are defined in section 2510 and 2711 of title 18, United States Code, respectively)''. | Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. Provides exceptions from such prohibition to authorize such providers to disclose password information if it is: required by the government pursuant to a warrant; divulged with the customer's consent; incident to the rendition of the service or to the protection of the rights or property of the service provider; provided to the National Center for Missing and Exploited Children; or divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency. Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service. Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.) Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures. Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes. Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Return on Investment Accountability Act''. SEC. 2. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6427 the following new section: ``SEC. 6428. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS. ``(a) In General.--There shall be allowed to the taxpayer with respect to each eligible individual as a credit against the tax imposed by subtitle A for a taxable year an amount equal to the individual payor State amount. ``(b) Individual Payor State Amount.--For purposes of this section-- ``(1) In general.--The term `individual payor State amount' means the amount that is the same proportion of the payor State amount as the ratio that one bears to all eligible individuals of the State for the calendar year preceding the calendar year in which the taxable year begins. ``(2) Payor state amount.--The term `payor State amount' means the amount equal to the excess (if any) of-- ``(A) the Federal tax burden of the State for the calendar year preceding the calendar year in which the taxable year begins, over ``(B) the Federal outlays received by the State for such preceding calendar year for the calendar year preceding the calendar year in which the taxable year begins. ``(3) Federal tax burden and federal outlays.-- ``(A) In general.--The Secretary shall calculate the Federal tax burden of each State for each calendar year and the Federal outlays received by the State for the calendar year. ``(B) Federal tax burden.--For purposes of subparagraph (A), the Secretary shall-- ``(i) treat all Federal taxes paid by eligible individuals as a burden on the State in which such individual resides; and ``(ii) treat all Federal taxes paid by a legal business entity as a burden on the State in which economic activity of such entity is performed in the same proportion that the economic activity of such entity in such State bears to the economic activity of such entity in all the States. ``(C) Federal outlays.--For purposes of subparagraph (A), a Federal contract award shall be treated as a Federal outlay received by each State in which performance under the award takes place in the same proportion that such performance in such State bears to such performance in all the States. ``(4) Eligible individual.-- ``(A) In general.--The term `eligible individual' means any individual who is-- ``(i) the taxpayer, the spouse of the taxpayer, or a dependent of the taxpayer, ``(ii) a citizen of the United States or lawfully present in the United States, and ``(iii) a resident of the payor State for more than half of the taxable year. ``(B) Exception.--The term `eligible individual' does not include-- ``(i) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, or ``(ii) an estate or trust. ``(c) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(d) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(e) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for a calendar year shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for the taxable year in which the calendar year begins (other than subsection (d) and this subsection) had applied to such taxable year. ``(3) No interest.--No interest shall be allowed on any overpayment attributable to this section. ``(f) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, and ``(B) in the case of a joint return, the valid identification number of such individual's spouse. ``(2) Valid identification number.--For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.''. (b) Administrative Amendments.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of such Code is amended by inserting ``6428,'' after ``168(k)(4),''. (2) Mathematical or clerical error authority.--Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (P), by striking the period at the end of subparagraph (R) and inserting ``, and'', and by inserting after subparagraph (R) the following: ``(S) an omission of information required under section 6428(f) to be included on a return.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``6428,'' before ``or 6431''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by inserting after the item relating to section 6427 the following new item: ``Sec. 6428. Payor State credit amount for individuals.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after one year after the date of the enactment of this Act. | Return on Investment Accountability Act This bill amends the Internal Revenue Code to allow a refundable tax credit for eligible individuals who reside in states in which the federal tax burden of the state exceeds the federal outlays received by the state. An "eligible individual" is an individual who is: (1) the taxpayer, the spouse of the taxpayer, or a dependent of the taxpayer; (2) a citizen of the United States or lawfully present in the United States; and (3) a resident of the state for more than half of the year. The term does not include an estate, trust, or an individual for whom another taxpayer is allowed a deduction for a personal exemption. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Small Business Procurement Parity Act''. SEC. 2. SOLE SOURCE CONTRACTS FOR CERTAIN SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN. (a) In General.--Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended-- (1) in paragraph (2)(C), by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (2) in paragraph (5), by striking ``(2)(F)'' each place it appears and inserting ``(2)(E)''; and (3) by adding at the end the following: ``(7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women in underrepresented industries.--A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(A) if-- ``(A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are underrepresented, as determined by the Administrator; ``(B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; ``(C) the anticipated award price of the contract, including options, is not more than-- ``(i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or ``(ii) $4,000,000, in the case of any other contract opportunity; and ``(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. ``(8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries.--A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(E) if-- ``(A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially underrepresented, as determined by the Administrator; ``(B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; ``(C) the anticipated award price of the contract, including options, is not more than-- ``(i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or ``(ii) $4,000,000, in the case of any other contract opportunity; and ``(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.''. (b) Reporting on Goals for Sole Source Contracts for Small Business Concerns Owned and Controlled by Women.--Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644(h)(2)(E)(viii)) is amended-- (1) in subclause (IV), by striking ``and'' at the end; (2) by redesignating subclause (V) as subclause (VIII); and (3) by inserting after subclause (IV) the following: ``(V) through sole source contracts awarded under section 8(m)(7); ``(VI) through sole source contracts awarded under section 8(m)(8); ``(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and''. (c) Deadline for Report on Underrepresented Industries Accelerated.--Section 29(o)(2) of the Small Business Act (15 U.S.C. 656(o)(2)) is amended-- (1) by striking ``5 years after the date of enactment of this subsection'' and inserting ``January 2, 2015''; and (2) by striking ``5-year period'' and inserting ``2-year or 5-year period, as applicable,''. | Women's Small Business Procurement Parity Act - Amends the Small Business Act to revise procurement program requirements for women-owned small businesses. Authorizes a contracting officer to award a sole source contract under this Act to small businesses owned and controlled by women if each of the businesses is at least 51% owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), and if: the small business is in an industry in which it is underrepresented, as determined by the Administrator of the Small Business Administration (SBA); the contracting officer determines that it is a responsible contractor; the anticipated award price of the contract, including options, is not more than: (1) $6.5 million, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (2) $4 million, in the case of any other contract opportunity; and the contract award can be made at a fair and reasonable price. Authorizes a contracting officer to award a sole source contract to a small business owned and controlled by women meeting the same criteria in an industry in which such businesses are substantially underrepresented if the small business also meets specified certification requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Front Heritage Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation management area.--The term ``Conservation Management Area'' means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1). (2) Decommission.--The term ``decommission'' means-- (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District.--The term ``district'' means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) Map.--The term ``map'' means the map entitled ``Rocky Mountain Front Heritage Act'' and dated October 27, 2011. (5) Nonmotorized recreation trail.--The term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, or equestrian use. (6) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA. (a) Establishment.-- (1) In general.--There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included.--The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests.--Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall-- (A) become part of the Conservation Management Area; and (B) be managed in accordance with-- (i) in the case of land managed by the Forest Service-- (I) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et seq.); and (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes.--The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Management Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with-- (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) Exceptions.--Nothing in clause (i) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than \1/4\ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road; (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iii) Temporary roads.--The Secretary shall decommission any temporary road constructed under clause (ii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing.--The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with the purposes described in subsection (b). (D) Vegetation management.--Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob marshall wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132). (2) Scapegoat wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note). (b) Management of Wilderness Additions.--Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock.--The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency. (e) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. (f) Overflights.--Nothing in this Act shall be construed to restrict or preclude overflights, including low-level overflights, including military, commercial, and general aviation overflights that can be seen or heard within wilderness or the Conservation Management Area. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. SEC. 6. NOXIOUS WEED MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents.--The management strategy shall-- (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation.--In developing the management strategy required under subsection (a), the Secretary shall consult with-- (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Rocky Mountain Front Heritage Act of 2011- Establishes the Rocky Mountain Front Conservation Management Area in Montana. Designates specified land within the Lewis and Clark National Forest in Montana as wilderness and as additions to existing components of the National Wilderness Preservation System (NWPS). Directs the Secretary of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of Lewis and Clark National Forest. Authorizes such Secretary to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Military Counterfeits Act of 2010''. SEC. 2. TRAFFICKING IN COUNTERFEIT MILITARY GOODS OR SERVICES. (a) Trafficking in Counterfeit Military Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Military goods or services.-- ``(A) In general.--A person who commits an offense under paragraph (1) with knowledge that the good or service described in paragraph (1) is identified as meeting military standards or is intended for use in a military or national security application shall be punished in accordance with subparagraph (B). ``(B) Penalties.-- ``(i) Individual.--An individual who commits an offense described in subparagraph (A) shall be fined not more than $5,000,000, imprisoned for not more than 20 years, or both. ``(ii) Person other than an individual.--A person other than an individual that commits an offense described in subparagraph (A) shall be fined not more than $15,000,000. ``(C) Subsequent offenses.-- ``(i) Individual.--An individual who commits an offense described in subparagraph (A) after the individual is convicted of an offense under subparagraph (A) shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both. ``(ii) Person other than an individual.--A person other than an individual that commits an offense described in subparagraph (A) after the person is convicted of an offense under subparagraph (A) shall be fined not more than $30,000,000.''; and (2) in subsection (e)-- (A) in paragraph (1), by striking the period at the end and inserting a semicolon; (B) in paragraph (3), by striking ``and'' at the end; (C) in paragraph (4), by striking the period at the end and a semicolon; and (D) by adding at the end the following: ``(5) the term `identified as meeting military standards' relating to a good or service-- ``(A) means the good or service-- ``(i) bears a label, tag, stamp, product code, phrase, or emblem of any kind that indicates that the good or service meets a standard, requirement, or specification issued by the Department of Defense, an Armed Force, or a reserve component; ``(ii) is packaged in a wrapper, container, box, case, or packaging of any type or nature which bears a label, tag, stamp, product code, phrase, or emblem of any kind which indicates that the good or services meets a standard, requirement, or specification issued by the Department of Defense, an Armed Force, or a reserve component; or ``(iii) is accompanied by or marketed with a certificate or other oral or written representation that the good or service meets a standard, requirement, or specification issued by the Department of Defense, an Armed Force, or a reserve component; and ``(B) shall not apply to the identification of a good or service in a manner that is unlikely to cause confusion, to cause mistake, or to deceive; and ``(6) the term `use in a military or national security application' means the use of a good or service, independently, in conjunction with, or as a component of another good or service-- ``(A) during the performance of the official duties of the Armed Forces of the United States or the reserve components of the Armed Forces; or ``(B) by or for the United States in furtherance of the national defense or national security.''. (b) Sentencing Guidelines.-- (1) Directive.--Not later than 180 days after the date of enactment of this Act, pursuant to is authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements application to persons convicted of an offense under section 2320(a) of title 18, United States Code, to reflect the intent of Congress that penalties for such offenses be increased in comparison to those provided on the day before the date of enactment of this Act under the guidelines and policy statements. (2) Requirements.--In amending the Federal Sentencing Guidelines and policy statements under paragraph (1), the United States Sentencing Commission shall-- (A) ensure that the guidelines and policy statements, including section 2B5.3 of the Federal Sentencing Guidelines (and any successor thereto), reflect-- (i) the serious nature of the offenses described in section 2320(a) of title 18, United States Code; (ii) the need for an effective deterrent and appropriate punishment to prevent offenses under section 2320(a) of title 18, United States Code; and (iii) the effectiveness of incarceration in furthering the objectives described in clauses (i) and (ii); (B) consider the extent to which the guidelines appropriately account for the risk, even if attenuated or unknown to the offender, to members of the Armed Forces of the United States, military readiness, and national security resulting from an offense committed under section 2320(a) of title 18, United States Code, including in instances involving a limited value or quantity of goods or services; (C) ensure reasonable consistency with other relevant directives and guidelines and Federal statutes; (D) make any necessary conforming changes to the guidelines; and (E) ensure that the guidelines relating to offenses under section 2320(a) of title 18, United States Code, adequately meet the purposes of sentencing, as described in section 3553(a)(2) of title 18, United States Code. | Combating Military Counterfeits Act of 2010 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services identified as meeting military standards or that are intended for use in a military or national security application. Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to reflect the intent of Congress to increase penalties for trafficking in counterfeit goods or services, including military good or services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Americans Right of Employment Act II'' or ``RARE Act II''. SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED EARLY RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``early retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``early retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above early retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``early retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``early retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Early Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained early retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Age 62.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of the Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (d) Effective Date.--The amendments and repeals made by subsections (a), (b), and (c) shall apply with respect to taxable years ending after December 31, 2002. SEC. 3. USE OF ALL YEARS IN COMPUTATION. (a) Use of All Years of Earnings in Benefit Computation.--Section 215(b)(2)(B) of the Social Security Act (42 U.S.C. 415(b)(2)(B)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i)(I) for calendar years before 2010, the term `benefit computation years' means those computation base years equal in number to the number determined under subparagraph (A) plus the applicable number of years determined under subclause (III), for which the total of such individual's wages and self- employment income, after adjustment under paragraph (3), is the largest; ``(II) for calendar years after 2009, the term `benefit computation years' means all of the computation base years; and ``(III) for purposes of subclause (I), the applicable number of years is the number of years specified in connection with the year in which such individual reaches early retirement age (as defined in section 216(l)(2)), or, if earlier, the calendar year in which such individual dies, as set forth in the following table: ``If such calendar year is: The applicable number of years is: Before 2001............................................ 0 2001................................................... 1 2002................................................... 2 2003................................................... 3 2004................................................... 4 2005................................................... 5 2006................................................... 6 2007................................................... 7 2008................................................... 8 2009................................................... 9; ``(ii) the term `computation base years' means the calendar years after 1950, except that such term excludes any calendar year entirely included in a period of disability; and''. (b) Conforming Amendment.--Section 215(b)(1)(B) of the Social Security Act (42 U.S.C. 415(b)(1)(B)) is amended by striking ``in those years'' and inserting ``in an individual's benefit computation years determined under paragraph (2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to benefit computation years beginning after December 31, 2000. SEC. 4. ACTUARIAL ADJUSTMENT FOR RETIREMENT. (a) Early Retirement.-- (1) In general.--Section 202(q) of the Social Security Act (42 U.S.C. 402(q)) is amended-- (A) in paragraph (1)(A), by striking ``\5/9\'' and inserting ``the applicable fraction (determined under paragraph (12))''; and (B) by adding at the end the following: ``(12) For purposes of paragraph (1)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/9\; ``(B) 2001, is \7/12\; ``(C) 2002, is \11/18\; ``(D) 2003, is \23/36\; ``(E) 2004, is \2/3\; and ``(F) 2005 or any succeeding year, is \25/36\.''. (2) Months beyond first 36 months.--Section 202(q) of such Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is amended-- (A) in paragraph (9)(A), by striking ``five- twelfths'' and inserting ``the applicable fraction (determined under paragraph (13))''; and (B) by adding at the end the following: ``(13) For purposes of paragraph (9)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/12\; ``(B) 2001, is \16/36\; ``(C) 2002, is \16/36\; ``(D) 2003, is \17/36\; ``(E) 2004, is \17/36\; and ``(F) 2005 or any succeeding year, is \1/2\.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall apply to individuals who attain the age of 62 in years after 1999. (b) Delayed Retirement.--Section 202(w)(6) of the Social Security Act (42 U.S.C. 402(w)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking ``2004.'' and inserting ``2004 and before 2007;''; and (3) by adding at the end the following: ``(E) \17/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; ``(F) \3/4\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; ``(G) \19/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and ``(H) \5/6\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012.''. SEC. 5. NONREFUNDABLE CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL RETIREMENT AGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following: ``SEC. 25B. CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL RETIREMENT AGE. ``(a) In General.--In the case of a qualified individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of-- ``(1) 10 percent of the amount of such tax, or ``(2) the earned income (as defined in section 32(b)(2)) of such individual for such taxable year. ``(b) Application With Other Credits.--In determining any credit allowed under this subpart, the tax imposed by this chapter shall (before any other reductions) be reduced by the credit allowed under subsection (a). ``(c) Qualified Individual.--For purposes of this section, the term `qualified individual' means any individual who has attained retirement age (as defined in section 216(l)(1) of the Social Security Act) before the close of the taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25A the following: ``Sec. 25B. Credit for individuals who work beyond normal retirement age.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. | Amends the Internal Revenue Code to allow a nonrefundable credit against income tax for qualified individuals who have attained early retirement age. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Consumer Freedom Act of 2013''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``a la carte'' means offering video programming for purchase, whether on a wholesale or retail basis, on an individual, per-channel basis rather than as part of a package or tier of video programming; (2) the terms ``channel'', ``multichannel video programming distributor'', and ``video programming'' have the meaning given those terms in section 602 of the Communications Act of 1934 (47 U.S.C. 522); (3) the term ``Commission'' means the Federal Communications Commission; (4) the term ``local commercial television station'' has the meaning given that term in section 614(h) of the Communications Act of 1934 (47 U.S.C. 534(h)); (5) the term ``qualified local noncommercial educational television station'' has the meaning given that term in section 615(l) of the Communications Act of 1934 (47 U.S.C. 535(l)); and (6) the term ``video programming vendor'' has the meaning given that term in section 76.1300 of subpart Q of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.1300). SEC. 3. A LA CARTE CHANNELS OF VIDEO PROGRAMMING. (a) In General.--Except as provided in section 623(b)(7) of the Communications Act of 1934 (47 U.S.C. 543(b)(7)), and notwithstanding any other provision of law, or any regulation prescribed by the Commission, a multichannel video programming distributor may provide subscribers with any channel of video programming on an la carte basis. (b) Incentives To Offer Channels of Video Programming on an a La Carte Basis.--Notwithstanding any other provision of law, or regulation prescribed by the Commission-- (1) the retransmission by a multichannel video programming distributor of a local commercial television station that has elected retransmission consent under section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) shall not be subject to the statutory license under sections 111(c) and 122 of title 17, United States Code, if the multichannel video programming distributor does not offer such local commercial television station, and any other channels of video programming under common control with such local commercial television station, for purchase by subscribers on an a la carte basis; (2) a local commercial television station may not elect retransmission consent under section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) or avail itself of the protections of the network program non-duplication and syndicated exclusivity regulations under subpart F of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et seq.), if such local commercial television station, and any other channels of video programming under common control with such local commercial television station, is not made available to multichannel video programming distributors for purchase or sale on an a la carte basis; and (3) a video programming vendor may offer a channel of video programming for purchase by a multichannel video programming distributor as part of a package of video programming only if such video programming vendor also offers such channel of video programming for purchase by the multichannel video programming distributor on an a la carte basis. (c) Minimum Contents of Basic Tier.--The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended-- (1) in section 623 (47 U.S.C. 543)-- (A) in subsection (b)(7)(A)-- (i) by striking clauses (i) and (iii); (ii) by redesignating clause (ii) as clause (i); and (iii) by adding at the end the following: ``(ii) All local commercial television stations and qualified low power stations carried in fulfillment of the election under section 325(b) by the station of its right to mandatory carriage under section 614. ``(iii) All qualified local noncommercial educational television stations carried in fulfillment of a request for carriage under section 615.''; and (B) in subsection (l), by adding at the end the following: ``(3) The terms `local commercial television station' and `qualified low power station' have the meaning given those terms in section 614(h).''; (2) in section 614(b) (47 U.S.C. 534(b))-- (A) by striking paragraph (6) and redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively; and (B) in paragraph (6), as redesignated, by striking ``Signals carried in fulfillment of the requirements of this section'' and inserting ``All local commercial television stations and qualified low power stations carried in fulfillment of the election by the station of its right to mandatory carriage under this section''; and (3) in section 615(h) (47 U.S.C. 535(h)), by striking ``lowest priced service tier that includes the retransmission of local commercial television broadcast signals.'' and inserting ``basic service tier.''. (d) Disclosure Requirement.--If a multichannel video programming distributor and a video programming vendor fail to reach agreement regarding the terms, including price, for the purchase by the multichannel video programming distributor of the right to provide subscribers with a local commercial television station or other channel of video programming from the video programming vendor on an a la carte basis, the multichannel video programming distributor and the video programming vendor each shall disclose to the Commission the terms of the most recent offer made by the multichannel video programming distributor and the video programming vendor, respectively. SEC. 4. SPECTRUM USE IN THE PUBLIC INTEREST. Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) after paragraph (5), by inserting the following: ``(6) Parity for over-the-air and multichannel video programming viewers.-- ``(A) In general.--A television broadcast station that does not retransmit the signal over-the-air that is identical to the signal retransmitted to a multichannel video programming distributor shall forfeit any spectrum license of such television broadcast station. ``(B) Reallocation and reassignment of spectrum license.--Any spectrum license forfeited pursuant to subparagraph (A) shall be reallocated and reassigned by the Commission pursuant to section 309(j). ``(C) Exception.--Subparagraph (A) shall not apply to content that is a commercial advertisement that is not more than 60 seconds in duration. ``(D) Definitions.--In this paragraph-- ``(i) the terms `multicast stream' and `primary stream' have the meaning given those terms in section 119(d) of title 17, United States Code; and ``(ii) the term `multichannel video programming distributor' has the meaning given that term in section 602 (47 U.S.C. 522).''. SEC. 5. SPORTS BLACKOUT REPEAL FOR PUBLICLY FINANCED STADIUMS. The Commission shall amend subpart F of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et seq.), to prohibit the application of sports blackout regulations to the broadcast of a sporting event taking place in a venue the construction of which was financed, in whole or in part, by the Federal Government or a State or local government. | Television Consumer Freedom Act of 2013 - Allows multichannel video programming distributors (MVPDs) (including cable operators, multichannel multipoint distribution services, direct broadcast satellite services, or television receive-only satellite program distributors), except with respect to the minimum contents of programming required for basic tier service, to provide subscribers with any channel of video programming on an a la carte basis. Defines "a la carte" as offering video programming for wholesale or retail purchase on an individual, per-channel basis rather than as part of a package or tier of video programming. Amends the Communications Act of 1934 to modify the types of programming constituting the minimum contents of basic tier service. Conditions the availability of the statutory copyright license to an MVPD on the MVPD offering local commercial television stations, and any other channels of video programming under common control with such stations, for purchase by subscribers on an a la carte basis.Prohibits a local commercial television station from electing retransmission consent or availing itself of the protections of network program non-duplication and syndicated exclusivity regulations if such station, and any other channels of video programming under common control with such station, is not made available to MVPDs for purchase or sale on an a la carte basis. Permits a video programming vendor to offer a channel of video programming for purchase by an MVPD as part of a package only if the vendor also offers such channel for the MVPD's purchase on an a la carte basis. Requires MVPDs and video programming vendors negotiating a la carte carriage agreements to each disclose to the Federal Communications Commission (FCC) the terms of their most recent offers, including price, if the parties fail to agree. Requires a television broadcast station that does not retransmit an over-the-air signal identical to the signal retransmitted to an MVPD to forfeit any spectrum license of the station to the FCC for auctioning. Exempts commercial advertisements of up to 60 seconds in duration. Directs the FCC to prohibit sports blackout regulations (commonly resulting in the non-airing of sporting events in local geographic markets when tickets at the venue are not sold out) from applying to the broadcast of a sporting event taking place in a venue the construction of which was financed in any part by the federal, state, or local government. |
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Cancer Care Planning and Communications Act of 2018''. (b) Findings.--Congress makes the following findings: (1) Cancer care in the United States is often described as the best in the world because patients have access to many treatment options, including cutting-edge therapies that save lives and improve the quality of life. (2) Access to the best treatment options is not equal across all populations and in all communities. The 1999 Institute of Medicine report entitled ``The Unequal Burden of Cancer'' found that low-income people often lack access to adequate cancer care and that ethnic minorities have not benefitted fully from cancer treatment advances. (3) In addition, despite access to high-quality treatment options for many, individuals with cancer often do not have access to a cancer care system that incorporates shared decision-making and the coordination of all elements of care. (4) Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer and side effects of cancer treatment, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well- being, and quality of life of cancer survivors. (5) Individuals with cancer often do not participate in a shared decision-making process that considers all treatment options and do not benefit from coordination of all elements of active treatment and palliative care. (6) Quality cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression. (7) Quality cancer care should include a means for engaging cancer survivors in a shared decision-making process that produces a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment, including appropriate psychosocial services. (8) The Institute of Medicine report entitled ``Ensuring Quality Cancer Care'' described the elements of quality care for an individual with cancer to include-- (A) the development of initial treatment recommendations by an experienced health care provider; (B) the development of a plan for the course of treatment of the individual and communication of the plan to the individual; (C) access to the resources necessary to implement the course of treatment; (D) access to high-quality clinical trials; (E) a mechanism to coordinate services for the treatment of the individual; and (F) psychosocial support services and compassionate care for the individual. (9) In its report ``From Cancer Patient to Cancer Survivor: Lost in Transition'', the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment. (10) In ``Cancer Care for the Whole Patient'', the Institute of Medicine stated that the development of a plan that includes biomedical and psychosocial care should be a standard for quality cancer care in any quality measurement system. (11) The Commission on Cancer has encouraged survivorship care planning by making the development of such plans for patients one of the standards of accreditation for cancer care providers, but cancer care professionals report difficulties completing the plans. (12) Because more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, addressing cancer care inadequacies through Medicare reforms will provide benefits to millions of Americans. Providing Medicare beneficiaries more routine access to cancer care plans and survivorship care plans is a key to shared decisionmaking and better coordination of care. (13) Important payment and delivery reforms that incorporate cancer care planning and coordination are already being tested in the Medicare program; the Oncology Care Model has been implemented in a number of oncology practices, and additional models that will include care planning have been proposed. (14) The alternative payment models, including the Oncology Care Model, provide access to cancer care planning for Medicare beneficiaries who receive their cancer care in practices that are part of the Oncology Care Model. Other Medicare beneficiaries who are not enrolled in these delivery demonstrations may not have access to a cancer care plan or appropriate care coordination. (15) The failure to provide a cancer care plan to patients in many care settings relates in part to inadequate Medicare payment for such planning and coordination services. (16) Changes in Medicare payment for cancer care planning and coordination will support shared decisionmaking that reviews all treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis through the end of the life. Medicare payment for cancer care planning may begin a reform process that helps us realize the well-planned and well-coordinated cancer care that has been recommended by the Institute of Medicine/National Academy of Medicine and that is preferred by cancer patients across the Nation. SEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (FF); (B) by adding ``and'' at the end of subparagraph (GG); and (C) by adding at the end the following new subparagraph: ``(HH) cancer care planning and coordination services (as defined in subsection (jjj))''; and (2) by adding at the end the following new subsection: ``Cancer Care Planning and Coordination Services ``(jjj)(1) The term `cancer care planning and coordination services' means-- ``(A) with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, nurse practitioner, or physician assistant that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all treatment options; ``(iii) details, to the greatest extent practicable all aspects of the care to be provided to the individual with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care; ``(iv) is furnished in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed; ``(v) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vi) is in accordance with standards determined by the Secretary to be appropriate; ``(B) with respect to an individual for whom a treatment plan has been developed under subparagraph (A), the revision of such treatment plan as necessary to account for any substantial change in the condition of the individual, recurrence of disease, changes in the individual's treatment preferences, or significant revision of the elements of curative care or symptom management for the individual, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iv) and (v) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision; ``(C) with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary, the development of a follow-up survivorship care plan that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all survivorship care options; ``(iii) describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual; ``(iv) provides recommendations for the subsequent care of the individual with respect to the cancer involved; ``(v) is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment; ``(vi) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vii) is in accordance with standards determined by the Secretary to be appropriate; and ``(D) with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, change in the individual's preference for survivorship care, or significant revision of the plan for follow-up care, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iii), (v), and (vi) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision. ``(2) The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing suppliers and providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the treatment plans and follow-up survivorship care plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the individual. ``(3) In this subsection, the term `shared decision-making process' means, with respect to an individual, a process in which the individual and the individual's health care providers consider the individual's diagnosis, treatment options, the medical evidence related to treatment options, the risks and benefits of all treatment options, and the individual's preferences regarding treatment, and then jointly develop and implement a treatment plan.''. (b) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(HH),'' after ``health risk assessment),''. (2) Initial rates.--Unless the Secretary of Health and Human Services otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. | Cancer Care Planning and Communications Act of 2018 This bill provides for Medicare coverage and payment of cancer care planning and coordination services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Independence for Seniors Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Community-based services play an essential role in keeping individuals healthy. (2) Without community-based long-term services and supports, which are not typically covered by Medicare, seniors frequently experience negative health outcomes and lose their ability to live independently. (3) Seniors who deplete their resources often have no option but to turn to Medicaid for coverage of long-term care expenses. (4) Targeting community-based services and supports to at- risk seniors can help these individuals avoid depleting their assets and becoming Medicaid dependent. SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the Secretary) shall establish a Community-Based Institutional Special Needs Plan demonstration program (in this section referred to as the CBI-SNP demonstration program) to prevent and delay institutionalization under the Medicaid program among eligible low-income Medicare beneficiaries. (b) Establishment.-- (1) In general.--The Secretary shall enter into agreements with not more than 5 eligible MA plans to conduct the CBI-SNP demonstration program. Each such eligible MA plan may enroll up to 1,000 eligible low-income Medicare beneficiaries (including new enrollees) in such program. (2) Use of part c rebate to furnish certain benefits.-- Under the CBI-SNP demonstration program, an eligible MA plan selected to participate in such program shall use the rebate that the plan is required (under section 1854 of the Social Security Act (42 U.S.C. 13954-24)) to provide to eligible low- income Medicare beneficiaries enrolled in the plan in order to furnish, as supplemental benefits under section 1852(a)(3) of such Act (42 U.S.C. 1395w-22(a)(3)) and notwithstanding any waivers under section 1915(c) of such Act (42 U.S.C. 1396n(c)), benefits to such beneficiaries, including long-term care services and supports, that the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program, such as-- (A) homemaker services; (B) home delivered meals; (C) transportation services; (D) respite care; (E) adult day care services; and (F) non-Medicare-covered safety and other equipment. (c) Eligible MA Plan.--In this section, the term eligible MA plan means a specialized MA plan for special needs individuals (as defined in section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w- 28(b)(6))) that-- (1) has experience in offering special needs plans for nursing home-eligible, non-institutionalized Medicare beneficiaries who live in the community; (2) has experience working with low income beneficiaries, including low income beneficiaries dually eligible for benefits under titles XVIII and XIX of such Act; (3) has a service area in a State that has agreed to make available to the Secretary Medicaid data necessary for purposes of conducting the independent evaluation required under subsection (j); and (4) meets such other criteria as the Secretary may require. (d) Eligible Low-Income Medicare Beneficiary Defined.--In this section, the term eligible low-income Medicare beneficiary means an individual who is-- (1) a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w- 21(a)(3))); (2) a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A) of such Act (42 U.S.C. 1395w-114(a)(3)(A))); (3) not eligible to receive benefits under title XIX of the Social Security Act; (4) unable to perform two or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986); and (5) age 65 or older. (e) Special Election Period.--Notwithstanding sections 1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)(C); 1395w-101(b)(1)(B)(iii)), an eligible Medicare beneficiary may, other than during the annual, coordinated election periods under such sections-- (1) discontinue enrollment in a Medicare Advantage plan not participating in the CBI-SNP demonstration program and enroll in an eligible MA plan participating in such program if the beneficiary resides in the participating plan's service area; and (2) discontinue enrollment under the original medicare fee- for-service program under parts A and B of title XVIII of such Act and the enrollment in a prescription drug plan under part D of such title and enroll in an eligible MA plan participating in the CBI-SNP demonstration program if the beneficiary resides in the participating plan's service area. (f) Beneficiary Education.--The Secretary shall help to educate eligible Medicare beneficiaries on the availability of the CBI-SNP demonstration program through State Health Insurance Assistance Programs and other organizations dedicated to assisting seniors with Medicare benefits and enrollment. (g) Duration.--The CBI-SNP demonstration program shall be implemented not later than January 1, 2018, and shall be conducted for a period of 5 years. (h) Budget Neutrality.--In conducting the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made by the Secretary do not exceed the amount which the Secretary estimates would have been expended under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP demonstration program had not been implemented. (i) Expansion of Demonstration Program.--Taking into account the evaluation under subsection (j), the Secretary may, through notice and comment rulemaking, expand (including implementation on a nationwide basis) the duration and scope of the CBI-SNP demonstration program under title XVIII of the Social Security Act, other than under the original medicare fee-for-service program under parts A and B of such title, to the extent determined appropriate by the Secretary, if the requirements of paragraphs (1), (2) and (3) of subsection (c) of section 1115A of the Social Security Act (42 U.S.C. 1315a), as applied to the testing of a model under subsection (b) of such section, applied to the CBI-SNP demonstration program. (j) Independent Evaluation and Reports.-- (1) Independent evaluation.--The Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. Such evaluation shall be completed using evaluation criteria that are clearly articulated prior to the implementation of such program. Such criteria shall include specific goals of such program, hypotheses being tested, and clear data collection and reporting requirements, recognizing that definitions, benefits, and program requirements for long- term care services and supports vary across States. Such evaluation shall determine whether the CBI-SNP demonstration program has-- (A) improved patient care; (B) reduced hospitalizations or rehospitalizations; (C) reduced or delayed Medicaid nursing facility admissions and lengths of stay; (D) reduced spend down of income and assets for purposes of becoming eligible for Medicaid; and (E) improved quality of life for the demonstration population and beneficiary and caregiver satisfaction. (2) Reports.--Not later than January 1, 2022, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. In preparing such report, the Secretary shall use at least 3 years worth of data under the CBI-SNP demonstration program. (k) Funding.-- (1) Funding for implementation.--For purposes of administering the CBI-SNP demonstration program (other than the evaluation and report under subsection (j)), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of $3,000,000 to the Centers for Medicare & Medicaid Services Program Management Account. (2) Funding for evaluation and report.--For purposes of carrying out the evaluation and report under subsection (j), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $500,000 to the Centers for Medicare & Medicaid Services Program Management Account. (3) Availability.--Amounts transferred under paragraph (1) or (2) shall remain available until expended. (l) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to the testing and evaluation of the CBI-SNP demonstration program. | Community-Based Independence for Seniors Act This bill establishes a Community-Based Institutional Special Needs Plan demonstration program, through which the Centers for Medicare & Medicaid Services (CMS) shall target home- and community-based services to low-income seniors who are unable to perform two or more activities of daily living and are eligible for Medicare Advantage (MA) but not for Medicaid. An MA plan that is selected to participate in the program must use certain payments from CMS to provide those beneficiaries with services and supports such as homemaker services, home-delivered meals, transportation services, respite care, adult daycare, and certain equipment. The bill establishes a special election period during which an eligible beneficiary may switch to an MA plan that participates in the program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Forced Abortion Condemnation Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Forced abortion was rightly denounced as a crime against humanity by the Nuremberg War Crimes Tribunal. (2) For over 15 years there have been frequent and credible reports of forced abortion and forced sterilization in connection with the population control policies of the People's Republic of China. These reports indicate the following: (A) Although it is the stated position of the politburo of the Chinese Communist Party that forced abortion and forced sterilization have no role in the population control program, in fact the Communist Chinese Government encourages both forced abortion and forced sterilization through a combination of strictly enforced birth quotas and immunity for local population control officials who engage in coercion. Officials acknowledge that there have been instances of forced abortions and sterilization, and no evidence has been made available to suggest that the perpetrators have been punished. (B) People's Republic of China population control officials, in cooperation with employers and works unit officials, routinely monitor women's menstrual cycles and subject women who conceive without government authorization to extreme psychological pressure, to harsh economic sanctions, including unpayable fines and loss of employment, and often to physical force. (C) Official sanctions for giving birth to unauthorized children include fines in amounts several times larger than the per capita annual incomes of residents of the People's Republic of China. In Fujian, for example, the average fine is estimated to be twice a family's gross annual income. Families which cannot pay the fine may be subject to confiscation and destruction of their homes and personal property. (D) Especially harsh punishments have been inflicted on those whose resistance is motivated by religion. For example, according to a 1995 Amnesty International report, the Catholic inhabitants of 2 villages in Hebei Province were subjected to population control under the slogan ``better to have more graves than one more child''. Enforcement measures included torture, sexual abuse, and the detention of resisters' relatives as hostages. (E) Forced abortions in Communist China often have taken place in the very late stages of pregnancy. (F) Since 1994 forced abortion and sterilization have been used in Communist China not only to regulate the number of children, but also to eliminate those who are regarded as defective in accordance with the official eugenic policy known as the ``Natal and Health Care Law''. SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF PERSONS IN THE PEOPLE'S REPUBLIC OF CHINA ENGAGED IN ENFORCEMENT OF FORCED ABORTION POLICY. The Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any national of the People's Republic of China, including any official of the Communist Party or the Government of the People's Republic of China and its regional, local, and village authorities (except the head of state, the head of government, and cabinet level ministers) who the Secretary finds, based on credible information, has been involved in the establishment or enforcement of population control policies resulting in a woman being forced to undergo an abortion against her free choice, or resulting in a man or woman being forced to undergo sterilization against his or her free choice. SEC. 4. WAIVER. The President may waive the requirement contained in section 3 with respect to a national of the People's Republic of China if the President-- (1) determines that it is in the national interest of the United States to do so; and (2) provides written notification to the Congress containing a justification for the waiver. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk. | Forced Abortion Condemnation Act - Prohibits the Secretary of State from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national (including any Communist Party official or Chinese Government official) that has been found to have been involved in the enforcement of population control policies resulting in a woman being forced to undergo an abortion against her free choice, or resulting in a man or woman being forced to undergo sterilization against his or her free choice. Authorizes the President to waive such prohibition if: (1) it is in the national interest of the United States; and (2) the Congress is notified in writing. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``College Affordability and Lifetime Savings Act''. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS CONVERTED TO CREDIT. (a) In General.--Section 221 of the Internal Revenue Code of 1986 (relating to interest on education loans) is hereby moved to subpart A of part IV of subchapter B of chapter 1 of such Code, inserted after section 25B, and redesignated as section 25C. (b) Conversion to 50 Percent Credit.--Subsection (a) of section 25C of such Code, as redesignated by subsection (a), is amended to read as follows: ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the interest paid by the taxpayer during the taxable year on any qualified education loan.''. (c) Limitation Based on Modified Adjusted Gross Income.--Subsection (b) of section 25C of such Code, as redesignated by subsection (a), is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowed as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $75,000 ($150,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(2) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means adjusted gross income determined without regard to sections 911, 931, and 933. ``(3) Inflation adjustments.-- ``(A) In general.--In the case of a taxable year beginning after 2003, the $75,000 and $150,000 amounts in paragraph (1)(A)(ii) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000.''. (d) Technical Amendments.-- (1) Section 25C of such Code, as so redesignated, is amended by striking subsection (f). (2) Subsection (c) of section 25C of such Code, as so redesignated, is amended by striking ``Deduction'' in the heading and inserting ``Credit'' and by striking ``deduction'' the first place it appears in the text and inserting ``credit''. (3) Paragraphs (1) and (2) of section 25C(e) of such Code, as so redesignated, are each amended by striking ``deduction'' the first place it appears in each such paragraph and inserting ``credit''. (4) Section 62(a) of such Code is amended by striking paragraph (17). (5) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 219(g)(3)(A)(ii), and 222(b)(2)(C)(ii) of such Code are each amended by striking ``221,''. (6) Subparagraph (F) of section 163(h)(2) of such Code is amended to read as follows: ``(F) any interest taken into account under section 25C (relating to interest on educational loans).''. (7) Section 469(i)(3)(F)(iii) of such Code is amended by striking ``, 222,''. (8) Section 6050S(e) is amended by striking ``section 221(d)(1)'' and inserting ``section 25C(d)(1)''. (9) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221. (10) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Interest on Education Loans.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS. Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Loan forgiveness for teachers and other public servants.--In the case of an individual, gross income does not include any amount which (but for this paragraph) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if-- ``(A) such discharge was pursuant to section 428J, 428K, 460, or 460A of the Higher Education Act of 1965 (20 U.S.C. 1078-10); or ``(B) such loan is an applicable loan (as defined in section 6103(l)(13)(C)), the repayment amounts on such loan are based in whole or in part on the taxpayer's income, and such discharge is the result of the expiration of the period during which the taxpayer is obligated to repay such loan.'' | College Affordability and Lifetime Savings Act - Amends the Internal Revenue Code to: (1) convert the current deduction for interest on education loans to a credit equal to 50 percent of the interest paid during the taxable year on any qualified education loan; and (2) exclude from gross income amounts which would be included under specified loan forgiveness programs for teachers and other public servants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income and Rural School Program''. SEC. 2. PROGRAM AUTHORIZED. (a) Reservations.--From amounts appropriated under section 7 for this Act for a fiscal year, the Secretary shall reserve \1/2\ of 1 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 7 for this Act that are not reserved under subsection (a), the Secretary shall award grants for a fiscal year to State educational agencies that have applications approved under section 4 to enable the State educational agencies to award subgrants to eligible local educational agencies for local authorized activities described in subsection (c)(2). (2) Allocation.--From amounts appropriated for this Act, the Secretary shall allocate to each State educational agency for a fiscal year an amount that bears the same ratio to the amount of funds appropriated under section 7 for this Act that are not reserved under subsection (a) as the number of students in average daily attendance served by eligible local educational agencies in the State bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. (3) Direct awards to specially qualified agencies.-- (A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 4 a specially qualified agency in such State desiring a grant under this Act shall apply directly to the Secretary to receive such a grant. (B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (c) Local Awards.-- (1) Eligibility.--A local educational agency shall be eligible to receive funds under this Act if-- (A) 20 percent or more of the children aged 5 to 17, inclusive, served by the local educational agency are from families with incomes below the poverty line; and (B) all of the schools served by the agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. (2) Uses of funds.--Grant funds awarded to local educational agencies or made available to schools under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. SEC. 3. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies-- (1) on a competitive basis; or (2) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. (b) Administrative Costs.--A State educational agency receiving a grant under this Act may not use more than 5 percent of the amount of the grant for State administrative costs. SEC. 4. APPLICATIONS. Each State educational agency and specially qualified agency desiring to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 5. REPORTS. (a) State Reports.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how local educational agencies and schools used funds provided under this Act; and (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 4. (b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this Act shall provide an annual report to the Secretary. Such report shall describe-- (1) how such agency uses funds provided under this Act; and (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 2(b)(4)(A). (c) Report to Congress.--The Secretary shall prepare and submit to the Committee on Education and the Workforce for the House of Representatives and the Committee on Health, Education, Labor, and Pensions for the Senate an annual report. The report shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies and schools used funds provided under this Act; and (3) progress made in meeting specific measurable educational goals and objectives. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (2) The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 2(b)(4). (3) The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $125,000,000 for fiscal year 2000 and such sums as may be necessary for each of 4 succeeding fiscal years. | Directs the Secretary of Education to make grants to State educational agencies (SEAs) for elementary and secondary education development by LEAs that are eligible if: (1) 20 percent or more of the children aged five through 17, whom the LEA serves, are from families with incomes below the poverty line; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9). Reserves a specified portion of grant funds for schools operated or supported by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to SEAs to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified LEAs in nonparticipating States. Bases LEA eligibility for such grants on the same criteria as that for LEAs to receive State grants in participating States. Requires such LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. Requires SEAs to award grants on a competitive or formula basis. Limits to five percent that portion of a grant which may be used for State administrative costs. Requires grant program reports by SEAs, specially qualified LEAs, and the Secretary. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Assault Survivors' Rights Act''. SEC. 2. DEFINITION OF SEXUAL ASSAULT SURVIVOR. In this Act, the term ``sexual assault survivor'' includes a deceased victim of sexual assault. SEC. 3. SEXUAL ASSAULT SURVIVORS' RIGHTS. (a) In General.--Title 18, United States Code, is amended by adding after chapter 237 the following: ``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS ``Sec. ``3772. Sexual assault survivors' rights. ``Sec. 3772. Sexual assault survivors' rights ``(a) Rights of Sexual Assault Survivors.--In addition to those rights provided in section 3771, a sexual assault survivor has the following rights: ``(1) The right not to be prevented from, or charged for, receiving a medical forensic examination. ``(2) The right to-- ``(A) subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations; ``(B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and ``(C) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. ``(3) The right, if the Government intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration of the maximum applicable statute of limitations, to-- ``(A) upon written request, receive written notification from the prosecutor not later than 60 days before the date of the intended destruction or disposal; and ``(B) upon written request, be granted further preservation of the kit or its probative contents. ``(4) The right to be informed of the rights under this subsection. ``(b) Applicability.--Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors. ``(c) Definition of Sexual Assault Survivor.--For purposes of this section, the term `sexual assault survivor' includes a deceased victim of sexual assault.''. (b) Technical and Conforming Amendment.--The table of chapters for part II of title 18, United States Code, is amended by adding at the end the following: ``238. Sexual assault survivors' rights..................... 3772''. SEC. 4. SERVICES TO SURVIVORS. Section 503(c)(1) of the Victims Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(1)) is amended-- (1) in subparagraph (A), by inserting ``, including sexual assault service providers'' before the semicolon at the end; (2) in subparagraph (C), by inserting ``, including sexual assault counseling'' before the semicolon at the end; and (3) in subparagraph (D), by inserting ``, including national and local sexual assault hotlines'' before the period at the end. SEC. 5. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS. The Victims of Crime Act of 1984 is amended by adding after section 1404E (42 U.S.C. 10603e) the following: ``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS. ``(a) In General.--The Attorney General may make grants as provided in section 1404(c)(1)(A) to States to develop and disseminate to entities described in subsection (c)(1) written notice of applicable rights and policies for sexual assault survivors. ``(b) Notification of Rights.--Each recipient of a grant awarded under subsection (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of applicable rights and policies regarding-- ``(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit; ``(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement; ``(3) the availability of a sexual assault advocate; ``(4) the availability of protective orders and policies related to their enforcement; ``(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits; ``(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and ``(7) the availability of victim compensation and restitution. ``(c) Dissemination of Written Notice.--Each recipient of a grant awarded under subsection (a) shall-- ``(1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and ``(2) make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State. ``(d) Provision To Promote Compliance.--The Attorney General may provide such technical assistance and guidance as necessary to help recipients meet the requirements of this section. ``(e) Integration of Systems.--Any system developed and implemented under this section may be integrated with an existing case management system operated by the recipient of the grant if the system meets the requirements listed in this section. ``(f) Definition of Sexual Assault Survivor.--For purposes of this section, the term `sexual assault survivor' includes a deceased victim of sexual assault.''. SEC. 6. WORKING GROUP. (a) In General.--The Attorney General and the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a joint working group (referred to in this section as the ``Working Group'') to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. (b) Consultation With Stakeholders.--The Working Group shall consult with-- (1) stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities; and (2) representatives from not less than 3 national organizations and State coalitions with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, particularly representatives of underserved or ethnic minority communities. (c) Membership.--The Working Group shall be composed of the following members: (1) The Administrator of the Health Resource and Services Administration. (2) The Administrator of the Centers for Medicare and Medicaid Services. (3) The Director of the Centers for Disease Control and Prevention. (4) The Director of the Indian Health Service. (5) The Director of the Office for Victims of Crime. (6) The Assistant Attorney General for the Office of Justice Programs. (7) The Director of the Office on Violence Against Women. (8) Other governmental or nongovernmental agency heads at the discretion of the Attorney General or the Secretary. (d) Duties.--The Working Group shall-- (1) improve the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; (2) develop and implement, where appropriate, clinical guidelines and other incentives to encourage the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; (3) improve the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (4) develop and implement, where appropriate, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (5) collect feedback from stakeholders, practitioners, and leadership throughout the Federal and State law enforcement, victim services, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of sexual assault survivors; and (6) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors. (e) Initial Operating Plan.--Not later than 120 days after its first meeting, the Working Group shall submit to the Attorney General, the Secretary, and Congress an operating plan for carrying out the activities of the Working Group. (f) Meetings.--The Working Group shall-- (1) hold its first meeting not later than 90 days after the date of enactment of this Act; and (2) meet not fewer than 2 times and not more than 5 times each year. (g) Report.--Not later than 2 years after the date of enactment of this Act, the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended actions of the Working Group. SEC. 7. SENSE OF CONGRESS. (a) Finding.--Congress finds that there is a substantial Federal interest in encouraging more sexual assault survivors to come forward and cooperate with law enforcement investigations and prosecutions. (b) Sense of Congress.--It is the sense of Congress that-- (1) to further the Federal interest described in subsection (a), the Attorney General should encourage State and Federal prosecutors to refrain from prosecuting sexual assault survivors for minor offenses such as underage alcohol consumption, solicitation, or drug use, particularly if the evidence of such an offense is uncovered through a medical forensic examination; and (2) in order to create an environment in which sexual assault survivors feel more comfortable reporting crimes of sexual violence to law enforcement agencies, survivors should be informed, when appropriate, that they will not be prosecuted for minor crimes discovered through their participation in medical forensic examinations. | Sexual Assault Survivors' Rights Act This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) receive a forensic medical examination at no cost, (2) have a sexual assault evidence collection kit (i.e., rape kit) preserved for the maximum applicable statute of limitations, (3) receive written notification prior to destruction or disposal of a rape kit, and (4) be informed of the rights and policies under this section. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The bill amends the Victims' Rights and Restitution Act of 1990 to include information about sexual assault services, programs, and providers in the description of services provided to victims. The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. DOJ and the Department of Health and Human Services must establish a joint working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. It expresses the sense of Congress that: (1) DOJ should discourage prosecutions of sexual assault survivors for minor offenses (e.g., underage alcohol consumption), particularly if the evidence of such offense is discovered through a medical forensic examination, and (2) survivors should be informed that they will not be prosecuted for minor offenses discovered through a medical forensic examination. For purposes of this bill, the term "sexual assault survivor" includes a deceased victim of sexual assault. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Base Security Act''. SEC. 2. PILOT AND DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN NEW JERSEY. (a) Pilot and Demonstration Program.--The Secretary of Defense, acting through the Office of the Secretary of Defense, shall develop a pilot and demonstration program in the State of New Jersey, and in one or more additional States or regions selected by the Secretary, to develop and explore policies, procedures, and practices that improve the level of security, reliability, quality, and economic efficiency of defense contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations. (b) Program Goals and Requirements.--The goals and requirements of the pilot and demonstration program developed under subsection (a) shall be to identify, develop, and implement strategies that-- (1) minimize risks to national security caused by the employment of illegal or improperly documented contract workers on military installations; (2) ensure that all necessary and reasonable precautions are taken by the Department of Defense and its contractors and subcontractors to conduct effective background checks and other appropriate security clearance procedures of contract employees, including management employees, professionals, craft labor personnel, and administrative personnel, to avoid the employment of persons who may pose a risk to military installations or otherwise present a threat to national security; and (3) promote greater contracting opportunities for contractors and subcontractors offering effective, reliable staffing plans to perform defense contracts that ensure all contract personnel employed for such projects, including management employees, professional employees, craft labor personnel, and administrative personnel, are lawful residents or persons properly authorized to be employed in the United States and properly qualified to perform services required under the contract. (c) Requirements for Security Procedures.--In developing the pilot and demonstration program under subsection (a), the Secretary of Defense shall review existing policies, procedures, and practices pertaining to security clearances required for access to military installations, including national agency checks, background investigations and other security clearance procedures. The Secretary also shall-- (1) identify potential weaknesses and areas for improvement in existing security policies, procedures, and practices; (2) develop and implement reforms to strengthen, upgrade, and improve security clearance policies, procedures, and practices of the Department of Defense and its contractors and subcontractors; (3) utilize the social security number verification service, maintained and operated by the Social Security Administration, to review social security numbers of employees of contractors and subcontractors employed on military installations and detect the use of false or fraudulent identification documents used by contract employees; (4) cooperate with appropriate Federal, State and local agencies and authorities, including the Secretary of Homeland Security, the U.S. Attorney for New Jersey, the New Jersey Motor Vehicles Commission, and the New Jersey State Police, as well as local communities, to detect and prosecute the use of false or fraudulent identification documents by contract employees on military installations; (5) impose maximum sanctions, including criminal prosecution, civil penalties, and debarment against any employer which willfully or recklessly violates immigration laws in connection with persons employed for defense contracts; and (6) review and analyze reforms developed pursuant to this subsection to identify for purposes of national implementation those which are most efficient and effective. (d) Requirements for Contracting and Procurement Procedures.--In developing the pilot and demonstration program, the Secretary of Defense shall review existing policies, procedures, and practices pertaining to manner in which it procures and contracts for construction, renovation, maintenance, and repair services for military installations. The Secretary also shall-- (1) expand, to the greatest extent practicable, the use by the Department of Defense of contracting by competitive proposals, regulated under Part 15 of the Federal Acquisition Regulation, for construction, renovation, maintenance, and repair services for military installations; (2) identify, develop, and implement reforms in the competitive proposal contracting process of the Department of Defense to improve the level of security, reliability, and economic efficiency of contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations, including-- (A) provision in contract solicitations and request for proposal documents to require significant weight or credit be allocated to reliable, effective workforce security programs offered by prospective contractors and subcontractors, which provide security clearance procedures, background checks, and other measures for contract employees, beyond the minimum security requirements imposed by the Secretary of Defense, which serve to promote security on military installations; and (B) provision in contract solicitations and request for proposal documents to require significant weight or credit be allocated reliable, effective project staffing plans offered by prospective contractors and subcontractors, which specify for all contract employees, including management employees, professionals, and craft labor personnel, the skills, training, and qualifications of such persons and the labor supply sources and hiring plans or procedures used for employing such persons; and (3) review and analyze reforms developed pursuant to this subsection to identify for purposes of national implementation those which are most efficient and effective. (e) Implementation.--The Secretary of Defense shall begin operation of the pilot and demonstration program required under this Act not later than 90 days after the date of the enactment of this Act. (f) Reporting Requirements.--For purposes of monitoring and evaluating the progress of the pilot and demonstration program required under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives-- (1) an initial report, not later than 90 days after operation of the pilot and demonstration program begins, setting forth the reforms instituted and other progress made in the implementation of the pilot and demonstration program required under this section; (2) biannual reports, setting forth in detail the reforms instituted and other progress made in the implementation of the program; and (3) a final report, not later than 2 years after operation of the pilot and demonstration program begins, setting forth a review of the pilot and demonstration program and recommendations on possible nationwide implementation of the program. (g) Definition.--In this section, the term ``military installation'' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. | Military Base Security Act - Requires the Secretary of Defense to develop a pilot and demonstration program in New Jersey, and in one or more additional States or regions, to develop and explore policies, procedures, and practices that improve the level of security, reliability, quality, and economic efficiency of defense contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations. Directs the Secretary, as part of such program, to review: (1) security clearance procedures; and (2) contracting and procurement procedures. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lost Boys and Girls Rebuilding Infrastructure to Sustain Enduring Peace in South Sudan Act'' or the ``Lost Boys and Girls RISE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 21-year civil war between the North and the South in Sudan, which ended with the signing of the Comprehensive Peace Agreement on January 9, 2005, caused many Sudanese people to flee their homes to seek refuge elsewhere in Sudan, in neighboring countries, and in the United States. (2) During the civil war, government troops burned villages in southern Sudan, killed the adults, and enslaved both women and girls. Among the refugees from the conflict was a group of at least 20,000 children, aged 5 to 17 years, who were homeless orphans as a result of the war. (3) The children suffered tremendous hardships during their flight, enduring attacks not only from the army and marauding bandits but also from lions and hyenas. Many others died from starvation or thirst. (4) A few years after the children arrived at the Panyindo refugee camp in Ethiopia, armed soldiers forced them to leave the camp by crossing the swollen Gilo River, and at least 1,000 children either drowned or were eaten by crocodiles while they crossed. The children then began their journey to a refugee camp in Kenya. (5) In 1999, the United Nations High Commissioner for Refugees determined that repatriation was no longer an option for these children. Approximately 3,800 of the 20,000 children were granted priority resettlement status in the United States, with minors placed in foster homes and those over 18 resettled as adults throughout the United States with assistance from the Department of Health and Human Services. (6) The story of these children, known as the ``Lost Boys and Lost Girls of Sudan'', has been documented in a number of books and films in the United States. (7) The Lost Boys and Lost Girls of Sudan have acquired a reputation for being a resilient and highly motivated group of individuals, with many of them gaining employment and pursuing higher education simultaneously. (8) Many of the Lost Boys and Lost Girls of Sudan have publically expressed interest in returning to their homeland to contribute to reconstruction efforts. (9) South Sudan is currently engulfed in a new civil war and faces a humanitarian catastrophe and an upsurge of violence between ethnic groups. Many of the Lost Boys and Lost Girls have gained experience, education, and skills in the United States, and want to return to South Sudan to assist in efforts to rebuild the infrastructure of the country. SEC. 3. PILOT PROGRAM TO ASSIST RECONSTRUCTION EFFORTS IN THE REPUBLIC OF SOUTH SUDAN. (a) Pilot Program.-- (1) In general.--The Administrator of the United States Agency for International Development (in this Act referred to as the ``Administrator'') shall establish a pilot program to provide fellowships to up to 500 eligible individuals to assist in developing agricultural, business development, educational, medical, technological, or transportation infrastructure in South Sudan. (2) Duration.-- (A) In general.--The pilot program established under paragraph (1) shall begin on the date on which the Administrator determines that the condition specified under subparagraph (B) is satisfied and shall terminate on the date that is three years after the date of such determination. (B) Conditions specified.--The pilot program may begin after the Secretary of State determines that it is safe for United States citizens, especially citizens of Sudanese or South Sudanese descent, to travel to South Sudan and lifts the general travel warning for South Sudan. (3) Administrator and staff.--The Administrator shall detail not fewer than two full-time employees of the Agency to conduct the following: (A) Identifying and recruiting individuals who would be eligible, pursuant to subsection (b), to participate in the pilot program. (B) Evaluating applications submitted by individuals to participate in the pilot program. (C) Approving methods proposed by individuals participating in the pilot program to provide assistance in accordance with paragraph (1). (D) Preparing orientation and debriefing materials, regarding South Sudan and the nature of the assistance provided through the pilot program, to be given to individuals participating in the pilot program not later than one week before and one week after such participation, respectively. (E) Assisting individuals participating in the pilot program to locate adequate housing in South Sudan for the duration of their participation. (F) Distributing to individuals participating in the pilot program any amounts awarded under subsection (c). (b) Eligibility.--An individual shall be eligible to participate in the pilot program if the individual-- (1) is a citizen of the United States; (2) was admitted to the United States as a refugee under section 207 of the Immigration Nationality Act (8 U.S.C. 1157) from a refugee camp in Africa and identified by the Secretary of State under the worldwide refugee application processing priority system as ``Priority-2'' (P-2); and (3) commits to participating in the pilot program for a period of not less than one year and not more than three years. (c) Award Amount.--The Administrator may make available to each individual participating in the pilot program, on a first-come, first- served basis-- (1) any amount necessary to cover the round-trip travel of such individual between the United States and South Sudan; (2) not more than $300 per month, to cover lodging and living expenses for the duration of the participation of such individual; (3) not more than $25,000, over the duration of such participation, toward the repayment of any Federal student loan of such individual that is made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or any other loan made, insured, or guaranteed by the Federal Government to such individual for enrollment in an institution of higher education, as defined in section 102 of such Act (20 U.S.C. 1002); (4) any amount necessary to cover costs incurred during such participation due to an emergency or under exigent circumstances; and (5) such other costs that the Administrator may determine to be appropriate and associated with participation in the pilot program. (d) Sense of Congress.--It is the sense of Congress that, in carrying out the pilot program, the Administrator should-- (1) consult with the members of the ``Lost Boys and Lost Girls of Sudan'' community in the United States, for purposes of identifying potentially eligible individuals and notifying such individuals about the pilot program; and (2) consider for participation in the pilot program individuals who are recommended to the Administrator by a Member of Congress. (e) Report and Evaluation.-- (1) Report.--Not later than six months after the date of the termination of the pilot program, the Administrator shall submit to the appropriate congressional committees a report summarizing the results of the pilot program and making recommendations for changes. (2) Evaluation by inspector general.--Not later than six months after the date of the enactment of this Act and annually thereafter until the date of the termination of the pilot program, the Inspector General of the United States Agency for International Development shall submit to the appropriate congressional committees a report evaluating the pilot program. (3) Appropriate congressional committees.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. | Lost Boys and Girls Rebuilding Infrastructure to Sustain Enduring Peace in South Sudan Act or the Lost Boys and Girls RISE Act This bill directs the U.S. Agency for International Development (USAID) to establish a three-year pilot program to provide fellowships to up to 500 eligible individuals to assist in developing agricultural, business development, educational, medical, technological, or transportation infrastructure in South Sudan. (The program may begin after the Department of State determines that it is safe for U.S. citizens, especially citizens of Sudanese or South Sudanese descent, to travel to South Sudan and lifts the general travel warning for South Sudan.) It is the sense of Congress that USAID should: (1) consult with members of the Lost Boys and Lost Girls of Sudan community in the United States for purposes of identifying potential participants, and (2) consider individuals who are recommended to USAID by a member of Congress. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessment and Remediation of Contaminated Sediments Reauthorization Act''. SEC. 2. ASSESSMENT AND REMEDIATION OF CONTAMINATED SEDIMENTS. Section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended by adding at the end the following: ``(D) Demonstration projects.-- ``(i) In general.--The Administrator, acting through the Program Office, in consultation and cooperation with the Assistant Secretary of the Army having responsibility for civil works, shall conduct at least 3 demonstration projects involving promising technologies and practices to remedy contaminated sediments (including at least 1 full-scale demonstration of a remediation technology) at sites in the Great Lakes System, as the Administrator determines appropriate. ``(ii) Selection of sites.--In selecting sites for the demonstration projects, the Administrator shall give priority consideration to-- ``(I) the Ashtabula River in Ohio; ``(II) the Buffalo River in New York; ``(III) Duluth and Superior Harbor in Minnesota; ``(IV) the Fox River in Wisconsin; ``(V) the Grand Calumet River in Indiana; and ``(VI) Saginaw Bay in Michigan. ``(iii) Deadlines.--In carrying out this subparagraph, the Administrator shall-- ``(I) not later than 18 months after the date of enactment of this subparagraph, identify at least 3 sites and the technologies and practices to be demonstrated at the sites (including at least 1 full-scale demonstration of a remediation technology); and ``(II) not later than 5 years after the date of enactment, complete at least 3 demonstration projects (including at least 1 full-scale demonstration of a remediation technology). ``(iv) Additional projects.--The Administrator, acting through the Program Office, in consultation and cooperation with the Assistant Secretary of the Army having responsibility for civil works, may conduct additional pilot- and full-scale demonstration projects involving promising technologies and practices at sites in the Great Lakes System other than the sites selected under clause (i). ``(v) Execution of projects.--The Administrator may cooperate with the Assistant Secretary of the Army having responsibility for civil works to plan, engineer, design, and execute demonstration projects under this subparagraph. ``(vi) Non-federal contributions.--The Administrator may accept non-Federal contributions to carry out demonstration projects under this subparagraph. ``(vii) Authorization of appropriations.-- There are authorized to be appropriated to carry out this subparagraph $3,500,000 for each of fiscal years 1997 through 2001. ``(E) Technical information and assistance.-- ``(i) In general.--The Administrator, acting through the Program Office, may provide technical information and assistance involving technologies and practices for remediation of contaminated sediments to persons that request the information or assistance. ``(ii) Technical assistance priorities.--In providing technical assistance under this subparagraph, the Administrator, acting through the Program Office, shall give special priority to requests for integrated assessments of, and recommendations regarding, remediation technologies and practices for contaminated sediments at Great Lakes areas of concern. ``(iii) Coordination with other demonstrations.--The Administrator shall-- ``(I) coordinate technology demonstrations conducted under this subparagraph with other federally assisted demonstrations of contaminated sediment remediation technologies; and ``(II) share information from the demonstrations conducted under this subparagraph with the other demonstrations. ``(iv) Other sediment remediation activities.--Nothing in this subparagraph limits the authority of the Administrator to carry out sediment remediation activities under other laws. ``(v) Authorization of appropriations.-- There are authorized to be appropriated to carry out this subparagraph $1,000,000 for each of fiscal years 1997 through 2001. SEC. 3. EXTENSION OF AUTHORIZATION OF GREAT LAKES APPROPRIATIONS. Section 118(h) of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is amended by striking ``for fiscal year 1991. Of the'' and all that follows through the period at the end and inserting ``for each of fiscal years 1991 through 2001.''. | Assessment and Remediation of Contaminated Sediments Reauthorization Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency, acting through the Great Lakes National Program Office, to conduct at least three demonstration projects involving promising technologies and practices to remedy contaminated sediments at sites in the Great Lakes system. Gives priority for demonstration projects to: (1) the Ashtabula River in Ohio; (2) the Buffalo River in New York; (3) Duluth and Superior Harbor in Minnesota; (4) the Fox River in Wisconsin; (5) the Grand Calumet River in Indiana; and (6) Saginaw Bay in Michigan. Permits the Administrator to conduct additional projects at other sites in the Great Lakes System. Authorizes appropriations. Permits the Administrator to provide technical information and assistance involving the remediation of contaminated sediments upon request. Authorizes appropriations. Extends the authorization of appropriations for the Great Lakes water quality program through 2001. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Domestic Product Safety Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for the U.S. Customs and Border Protection of the Department of Homeland Security. (2) Consumer product.--The term ``consumer product'' means any of the following: (A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including-- (i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and (iii) eggs and egg products, as defined in the Egg Products Inspection Act (21 U.S.C. 1033). (B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in the National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30102). (E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (F) A pesticide, as such term is defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction. (3) Council.--The term ``Council'' means the Product Safety Coordinating Council established under section 4. (4) Director.--The term ``Director'' means the Director of the Office of International and Domestic Product Safety established under section 3. (5) Office.--The term ``Office'' means the Office of International and Domestic Product Safety established under section 3. SEC. 3. OFFICE OF INTERNATIONAL AND DOMESTIC PRODUCT SAFETY; DIRECTOR. (a) Establishment of Office.--There is established in the Department of Commerce an Office of International and Domestic Product Safety. (b) Director.--The Office shall be headed by a Director of International and Domestic Product Safety who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Secretary of Commerce. (c) Duties.--The Director shall be responsible for overseeing and coordinating international and domestic consumer product safety responsibilities in a manner that protects the health and safety of United States consumers and ensures that consumers and businesses have access to vital consumer product safety information. The Director shall-- (1) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that are responsible for international and domestic consumer product safety; (2) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (1); (3) create a ``one-stop'' Federal website for consumer product safety information; (4) develop and maintain a centralized user-friendly public database of all consumer product recalls, advisories, alerts, seizures, defect determinations, import bans, and other actions related to products sold (or offered for sale) in the United States, including mandatory and voluntary actions taken by Federal and State departments and agencies, or by businesses; (5) implement a system for disseminating consumer product recall alerts to consumers and businesses, including retailers, the media, and medical professionals; (6) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of consumer products to better identify and prevent the importation or introduction into commerce of unsafe products; (7) promote the development of food tracing technology to provide consumers with access to the supply chain history of a consumer product; (8) develop guidelines to facilitate information sharing relating to the importation and safety of consumer products among Federal departments and agencies, State and local governments, businesses, and United States trading partners; (9) develop and maintain a public electronic directory of services to assist consumers and businesses in locating consumer product safety information; (10) develop a framework for engaging United States trading partners in efforts to improve consumer product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before consumer products are shipped to the United States; (11) establish an inventory of Memoranda of Understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of consumer products, and promote coordination among Federal departments and agencies seeking to negotiate new memoranda; and (12) develop and implement other activities to ensure that there is a unified effort to protect the health and safety of United States consumers, including-- (A) simplifying consumer-retailer interaction regarding consumer products identified as unsafe; (B) improving consumer product labeling; (C) developing comprehensive recordkeeping throughout the production, importation, and distribution of consumer products; and (D) increasing public access to information regarding-- (i) consumer product safety standards, testing, and certification; (ii) enforcement of consumer product safety laws, and (iii) consumer product-related deaths, injuries, and illness. (d) Compensation.--Section 5314 of title 5, United States Code, is amended by adding at the end the following new item: ``Director of International and Domestic Product Safety, Department of Commerce.''. (e) Function of the Office.--The function of the Office of International and Domestic Product Safety is to assist the Director in carrying out the duties of the Director described under this Act. (f) Staff.--The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director. The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis. SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL. (a) Establishment.--There is established a Product Safety Coordinating Council. (b) Composition.--The Council shall consist of the following members or their designees: (1) The Director, who shall chair the Council. (2) The Commissioner of U.S. Customs and Border Protection. (3) The Under Secretary of Commerce for International Trade. (4) A Deputy United States Trade Representative, as determined by the United States Trade Representative. (5) The Under Secretary of State for Economic, Energy and Agricultural Affairs. (6) The Under Secretary of Agriculture for Food Safety. (7) The Commissioner of the Food and Drug Administration. (8) The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. (9) The Chairman of the Consumer Product Safety Commission. (10) The Administrator of the National Highway Traffic Safety Administration. (11) The Deputy Administrator of the Environmental Protection Agency. (12) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau. (13) The Deputy Attorney General. (14) The Director of the Centers for Disease Control and Prevention. (15) The Chairman of the Federal Trade Commission. (16) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council. (c) Department and Agency Responsibilities.-- (1) In general.--The department or agency of each member of the Council shall assist the Director in-- (A) developing and implementing a unified effort to protect the health and safety of United States consumers; (B) ensuring that consumers and businesses have access to vital consumer product safety information; and (C) carrying out the responsibilities of the Director under this Act. (2) Cooperation.--Each member of the Council shall ensure that the department or agency the member represents-- (A) provides such assistance, information, and advice as the Director may request; (B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and (C) provides adequate resources to support the activities and operations of the Office. (d) Meetings.--The Director shall convene monthly meetings of the Council. SEC. 5. STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan. (b) Contents of Strategic Plan.--The strategic plan submitted under subsection (a) shall contain-- (1) a detailed description of the goals, objectives, and priorities of the Office and the Council; (2) a description of the methods for achieving the goals, objectives, and priorities; (3) a description of the performance measures that will be used to monitor results in achieving the goals, objectives, and priorities; and (4) an estimate of the resources necessary to achieve the goals, objectives, and priorities described in subparagraph (1), and an estimate of the cost of the resources. SEC. 6. REPORT ON INTERNATIONAL AND DOMESTIC PRODUCT SAFETY. (a) Report Required.--Not later than November 1 of each calendar year, the Director shall submit to the President and to Congress, a written report on the safety of international and domestic consumer products. (b) Content of Report.--The report submitted under subsection (a) shall contain a detailed description of the implementation of the duties set forth in section 3(c) of the Act. (c) Consultations.--The Director shall consult with the members of the Council with respect to the preparation of the report required under subsection (a). Any comments provided by the members of the Council shall be submitted to the Director not later than October 15 of each calendar year. The Director shall submit the report to Congress after taking into account all comments received. SEC. 7. PRIORITY IN INTERNATIONAL TRADE TALKS. The President, the Director, and members of the Council shall seek to engage trading partners of the United States in bilateral and multilateral fora regarding improvements in consumer product safety, including cooperation and coordination with respect to-- (1) authorization of preexport audits and inspections; (2) establishment of safety standards, testing, and certifications; and (3) public dissemination of information concerning consumer product recalls, advisories, alerts, seizures, defect determinations, import bans, and other related actions. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office. SEC. 9. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY COORDINATION. The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council. | International and Domestic Product Safety Act - Establishes in the Department of Commerce an Office of International and Domestic Product Safety to oversee and coordinate international and domestic consumer product safety responsibilities in a way that protects the health and safety of U.S. consumers and ensures that consumers and businesses have access to consumer product safety information. Establishes a Product Safety Coordinating Council to assist the Office's director. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Honor the Nevada Enabling Act of 1864 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Government controls over 80 percent of all of the land within the State of Nevada, which is a greater percentage than any other State. (2) The paucity of State land and privately controlled land in Nevada severely constrains the size and diversity of Nevada's economy. (3) The Federal Government promised all new States, in their statehood enabling Act contracts, that it would dispose of federally controlled public lands within the borders of those States. (4) The Federal Government has honored this promise with 38 States. (5) The Federal Government has failed to honor this promise with, and continues to control significant percentages of the land within, the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and Washington. (6) The United States Supreme Court has declared that statehood enabling Act contracts are ``solemn compacts'' with enforceable rights and obligations. (7) Nevada could generate significant net revenue for the benefit of its lands and people if it were afforded the opportunity to manage an expanded State-controlled land portfolio. (8) A transfer of federally administered land to Nevada can be accomplished in phases. SEC. 3. DEFINITIONS IN THIS ACT. In this Act: (1) The term ``identified Federal lands'' means all lands within the State of Nevada that are owned, managed, or controlled by the Federal Government acting through the Secretary of Agriculture or the Secretary of the Interior, excluding the following: (A) Components of the National Wilderness Preservation System, National Park System, and National Wildlife Refuge System. (B) National Conservation Areas. (C) National Monuments designated pursuant to the Act of June 6, 1908 (commonly known as the Antiquities Act of 1906). (D) Lands designated as Areas of Critical Environmental Concern for Protection of Desert Tortoise by the Bureau of Land Management. (E) Lands allocated as Herd Management Areas for Wild Horses and Burros. (F) Lands withdrawn and reserved for use by the Department of Defense or the Department of Energy. (G) Federally recognized Indian reservations and lands administered or held in trust by the Bureau of Indian Affairs. (H) Bureau of Reclamation lands not identified as surplus. (2) The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to identified Federal lands administered by that Secretary; and (B) the Secretary of the Interior, with respect to identified Federal lands administered by that Secretary. (3) The term ``select beneficiaries'' means any of the following: (A) Public elementary and secondary education. (B) Public higher education. (C) Public specialized education. (D) Public mental and medical health services. (E) Social, senior, and veterans services. (F) Public programs for recovery plan development and implementation for candidate and threatened or endangered species. (G) Political subdivisions of the State of Nevada, but only with respect to payment for services and infrastructure on conveyed identified Federal lands that would otherwise be financed through property taxes or other revenues available to a political subdivision of the State. (4) The term ``State'' means the State of Nevada. SEC. 4. CONVEYANCE OF IDENTIFIED FEDERAL LANDS TO THE STATE OF NEVADA. (a) Conveyance Required.--As provided in this Act, the Secretary concerned shall convey, in phases and without consideration, to the State of Nevada all right, title, and interest of the United States in and to identified Federal lands for the purpose of permitting the State to use the conveyed lands to support select beneficiaries. (b) Condition of Conveyance.--All conveyances under this Act shall be subject to the condition that the State hold the identified Federal lands in trust for the select beneficiaries, except the State may sell, lease, or securitize lands acquired under this Act to cover the cost of management of the newly acquired lands. (c) Selection of Lands for Conveyance.--The State is authorized to select the identified Federal lands to be conveyed under this Act. (d) Valid Existing Rights and Uses.--All conveyances under this Act shall be subject to-- (1) valid existing rights; and (2) valid existing uses on, permits for, and public access to the conveyed lands, as in effect at the time of conveyance, subject to State law. (e) Conveyance of Entire Interest.--For identified Federal lands conveyed under this Act, title to and ownership of both federally held surface and subsurface estate, and appurtenant federally held water rights, shall pass to the State. SEC. 5. INITIAL CONVEYANCE PHASE. (a) Conveyance Required.--As soon as practicable after selection by the State, the Secretary concerned shall convey to the State pursuant to section 3 identified Federal lands selected by the State from the following categories of identified Federal lands: (1) Lands identified as suitable for disposal in the report to Congress submitted by the Secretary of Agriculture on May 27, 1997, pursuant to section 390(g) of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 110 Stat. 1024). (2) Lands identified as suitable for disposal in any Federal land use plan developed and approved pursuant to section 202 the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (3) Lands administered by the Bureau of Land Management pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.). (4) Lands allocated by the Secretary concerned as Solar Energy Zones. (5) Lands leased pursuant to the mineral and geothermal leasing laws under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (6) Lands administered by the Bureau of Land Management as linear and nonlinear rights-of-way granted to the State and political subdivisions of the State. (7) Split estate lands, where the surface is privately held and the Bureau of Land Management administers the subsurface mineral estate. (8) Lands in the State designated for disposal by any other Act of Congress. (9) Lands administered by the Bureau of Land Management remaining within the original Central Pacific Railroad corridor along Interstate Highway 80 in Northern Nevada, also known as the ``checkerboard''. (b) Authorized Acreage.--The State is authorized to select no less than 7,200,000 acres from the categories of identified Federal lands described in subsection (a) during the initial conveyance phase. SEC. 6. SUBSEQUENT CONVEYANCE PHASES. (a) Conveyance Process.--The Secretary concerned shall establish a process to convey to the State the remaining identified Federal lands not conveyed in the initial conveyance phase under section 5. (b) Requests for Conveyance.--During the 10-year period beginning upon the completion of the initial conveyance phase under section 5, the Secretary concerned shall convey to the State pursuant to section 3, upon the request of the State or a political subdivision of the State and consistent with the process established under this section, identified Federal lands remaining under the control of the Secretary concerned. (c) Management of Lands Conveyed in Subsequent Conveyance Phases.-- The State shall manage identified Federal lands conveyed under this section for ongoing net-revenue generation and environmental health, function, productivity, and sustainability. SEC. 7. STATE PAYMENTS TO POLITICAL SUBDIVISIONS OF THE STATE. As an additional condition on conveyances under this Act, the State shall agree to make payments to political subdivisions of the State, using gross revenues derived from management of identified Federal lands conveyed under this Act, to replace-- (1) revenues lost through reduced Federal payments under chapter 69 of title 31, United States Code, on account of the conveyance of the lands; and (2) revenues that would otherwise have been shared with the political subdivisions by the Department of the Interior Office of Natural Resources Revenue from royalties, rents, and bonuses generated through energy and mineral leases on identified Federal lands had the lands remained in Federal ownership. | Honor the Nevada Enabling Act of 1864 Act Directs the Department of Agriculture (USDA) and the Department of the Interior to convey, in phases and without consideration, to the state of Nevada all interest of the United States in federal lands owned, managed, or controlled by the federal government through the USDA or Interior for the purpose of permitting the state to use them to support select beneficiaries. Specifies exceptions, including components of the National Wilderness Preservation System, National Park System, and National Wildlife System, and federally recognized Indian reservations and lands. Defines "select beneficiaries" as public elementary and secondary education; public higher education; public specialized education; public mental and medical health services; social, senior, and veterans services; public programs for recovery plan development and implementation for candidate and threatened or endangered species; and political subdivisions of the state, but only with respect to payment for services and infrastructure on conveyed identified federal lands that would otherwise be financed through property taxes or other revenues available to a political subdivision of the state. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Giving Care to Elders (AGE) Act of 2018''. SEC. 2. CREDIT FOR ELDERCARE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. EXPENSES FOR ELDERCARE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the eldercare expenses paid by such individual during the taxable year. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 20 percent, reduced (but not below zero) by 1 percentage point for each $4,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual-- ``(A) who has attained age 65, ``(B) who requires assistance with activities of daily living, and ``(C) who is, with respect to the taxpayer or the taxpayer's spouse-- ``(i) the father or mother or an ancestor of such father or mother, ``(ii) the father-in-law or mother-in-law or an ancestor of such father-in-law or mother- in-law, ``(iii) the stepfather or stepmother or an ancestor of such stepfather or stepmother, or ``(iv) any other person who, for the taxable year, has the same principal place of abode as the taxpayer and is a member of the household of the taxpayer. ``(2) Eldercare expenses.-- ``(A) In general.--The term `eldercare expenses' means the following amounts paid for expenses relating to the care of a qualifying individual: ``(i) Medical care (as defined in section 213(d)(1), without regard to subparagraph D thereof). ``(ii) Lodging away from home in accordance with section 213(d)(2). ``(iii) Adult day care. ``(iv) Custodial care. ``(v) Respite care. ``(vi) Assistive technologies and devices (including remote health monitoring). ``(vii) Environmental modifications (including home modifications). ``(viii) Counseling or training for a caregiver. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Adult day care.--The term `adult day care' means care provided for adults with functional or cognitive impairments through a structured, community-based group program which provides health, social, and other related support services on a less than 24-hour basis. ``(ii) Custodial care.--The term `custodial care' means reasonable personal care services provided to assist with daily living which do not require the skills of qualified technical or professional personnel. ``(iii) Respite care.--The term `respite care' means planned or emergency care intended to provide temporary relief to a caregiver. ``(C) Care centers.-- ``(i) In general.--Eldercare expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a care center shall be taken into account only if such center complies with all applicable laws and regulations of a State or unit of local government. ``(ii) Care center.--For purposes of this subparagraph, the term `care center' means any facility which-- ``(I) provides care for more than 6 individuals, and ``(II) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limitation.-- ``(1) In general.--The amount of the eldercare expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed $6,000. ``(2) Coordination with dependent care assistance exclusion.--The dollar amount in paragraph (1) shall be reduced by the aggregate amount excluded from gross income under section 129 for the taxable year, if any. ``(d) Special Rules.--For purposes of this section-- ``(1) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid to an individual with respect to whom, for the taxable year, a deduction under section 151(c) is allowable either to the taxpayer or the taxpayer's spouse. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(2) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(3) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under subsection (a) with respect to any qualifying individual unless the taxpayer identification number of such individual is included on the return claiming the credit. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a credit is allowed under section 21. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Expenses for eldercare.''. (c) Conforming Amendments.-- (1) Section 213(e) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``or section 25E'' after ``section 21'', and (B) by inserting ``and Elders'' after ``Certain Dependents'' in the heading. (2) Section 6213(g)(2) of such Code is amended-- (A) by inserting ``, section 25E (relating to expenses for care of elders),'' after ``(relating to expenses for household and dependent care services necessary for gainful employment)'' in subparagraph (H), and (B) by inserting ``, 25E'' after ``24'' in subparagraph (L). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Americans Giving Care to Elders (AGE) Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit for a portion of a taxpayer's expenses for eldercare. The credit applies to expenses to care for certain relatives or members of the taxpayer's household who have attained the age of 65 and require assistance with activities of daily living. Eldercare expense include amounts paid for: medical care, lodging away from home, adult day care, custodial care, respite care, assistive technologies and devices (including remote health monitoring), environmental modifications (including home modifications), and counseling or training for a caregiver. The amount of eldercare expenses incurred during any year that may be taken into account for the credit may not exceed $6,000. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Project SEARCH Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) small communities often struggle to meet environmental goals because of difficulty in securing funding; (2) often, sources of funding for environmental projects require expensive, complex studies or other application materials; (3) a small community that secures funding for an environmental project from a traditional source often is unable to provide matching funds required by the traditional source; and (4) small communities would benefit from a grant program designed to provide funding for environmental projects-- (A) through a simplified application process; and (B) without the requirement of matching funds. SEC. 3. SEARCH GRANTS FOR SMALL COMMUNITIES. The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) is amended by adding at the end the following: ``Subtitle G--SEARCH Grants for Small Communities ``SEC. 391. DEFINITIONS. ``In this subtitle: ``(1) Council.--The term `council' means an independent citizens' council established by section 392(b). ``(2) Environmental project.-- ``(A) In general.--The term `environmental project' means a project that-- ``(i) benefits human health or the environment; and ``(ii) is necessary to comply with an environmental law (including a regulation). ``(B) Inclusion.--The term `environmental project' includes an initial feasibility study of a project. ``(3) Region.--The term `region' means a geographic area of a State, as determined by the Governor of the State. ``(4) SEARCH grant.--The term `SEARCH grant' means a grant for special environmental assistance for the regulation of communities and habitat awarded under section 392(c)(3). ``(5) Small community.--The term `small community' means an incorporated or unincorporated rural community having a population of not more than 2,500 individuals. ``(6) State.--The term `State' has the meaning given the term in section 381A. ``SEC. 392. SEARCH GRANT PROGRAM. ``(a) In General.-- ``(1) Establishment.--There is established the SEARCH Grant Program. ``(2) State requirements.-- ``(A) In general.--Not later than October 1 of each fiscal year, a State may submit to the Secretary an application to receive a grant under paragraph (3) for the fiscal year. ``(B) Application requirements.--An application under subparagraph (A) shall contain-- ``(i) a certification by the State that the State has appointed members to the council of the State under subsection (b)(2)(C); and ``(ii) such information as the Secretary may reasonably require. ``(3) Grant to state.--Not later than 60 days after the date on which the Office of Management and Budget apportions any amounts made available under this subtitle, for each fiscal year after the date of enactment of this subtitle, the Secretary shall, on request by a State-- ``(A) determine whether any application submitted by the State under paragraph (2) meets the requirements of that paragraph; and ``(B) subject to section 394(b) and subsection (c)(4)(B), if the Secretary determines that the application meets the requirements of paragraph (2)(B), award a grant of not to exceed $1,000,000 to the State, to be used by the council of the State to award SEARCH grants under subsection (b)(3). ``(b) Independent Citizens' Council.-- ``(1) Establishment.--There is established in each State an independent citizens' council to carry out the duties described in this section. ``(2) Composition.-- ``(A) In general.--Each council shall be composed of 9 members, appointed by the Governor of the State. ``(B) Representation; residence.--Each member of a council shall-- ``(i) represent an individual region of the State, as determined by the Governor of the State in which the council is established; and ``(ii) reside in a small community of the State. ``(C) Appointment.--Before a State receives funds under this subtitle, the State shall appoint members to the council for the fiscal year, except that not more than 1 member shall be an agent, employee, or official of the State government. ``(D) Chairperson.--Each council shall select a chairperson from among the members of the council, except that a member who is an agent, employee, or official of the State government shall not serve as chairperson. ``(E) Federal representation.--An agent, employee, or official of the Federal Government may participate in the activities of the council-- ``(i) in an advisory capacity; and ``(ii) at the invitation of the council. ``(3) SEARCH grants.-- ``(A) In general.--Each council shall review applications for, and recommend awards of, SEARCH grants to small communities that meet the eligibility criteria under subsection (c). ``(B) Recommendations.--In awarding a SEARCH grant, a State-- ``(i) shall follow the recommendations of the council of the State; ``(ii) shall award the funds for any recommended environmental project in a timely and expeditious manner; and ``(iii) shall not award a SEARCH grant to a grantee or project in violation of any law of the State (including a regulation). ``(C) No matching requirement.--A small community that receives a SEARCH grant under this section shall not be required to provide matching funds. ``(c) SEARCH Grants for Small Communities.-- ``(1) Eligibility.--A SEARCH grant shall be awarded under this section only to a small community for 1 or more environmental projects for which the small community-- ``(A) needs funds to carry out initial feasibility or environmental studies before applying to traditional funding sources; or ``(B) demonstrates, to the satisfaction of the council, that the small community has been unable to obtain sufficient funding from traditional funding sources. ``(2) Application.-- ``(A) Date.--The council shall establish such deadline by which small communities shall submit applications for grants under this section as will permit the council adequate time to review and make recommendations relating to the applications. ``(B) Location of application.--A small community shall submit an application described in subparagraph (A) to the council in the State in which the small community is located. ``(C) Content of application.--An application described in subparagraph (A) shall include-- ``(i) a description of the proposed environmental project (including an explanation of how the project would assist the small community in complying with an environmental law (including a regulation)); ``(ii) an explanation of why the project is important to the small community; ``(iii) a description of all actions taken with respect to the project, including a description of any attempt to secure funding and a description of demonstrated need for funding for the project, as of the date of the application; and ``(iv) a SEARCH grant application form provided by the council, completed and with all required supporting documentation. ``(3) Review and recommendation.-- ``(A) In general.--Except as provided in subparagraph (B), not later than March 5 of each fiscal year, each council shall-- ``(i) review all applications received under paragraph (2); and ``(ii) recommend for award SEARCH grants to small communities based on-- ``(I) an evaluation of the eligibility criteria under paragraph (1); and ``(II) the content of the application. ``(B) Extension of deadline.--The State may extend the deadline described in subparagraph (A) by not more than 10 days in a case in which the receipt of recommendations from a council under subparagraph (A)(ii) is delayed because of circumstances beyond the control of the council, as determined by the State. ``(4) Unexpended funds.-- ``(A) In general.--If, for any fiscal year, any unexpended funds remain after SEARCH grants are awarded under subsection (b)(3)(B), the council may repeat the application and review process so that any remaining funds may be recommended for award, and awarded, not later than July 30 of the fiscal year. ``(B) Retention of funds.-- ``(i) In general.--Any unexpended funds that are not awarded under subsection (b)(3)(B) or subparagraph (A) shall be retained by the State for award during the following fiscal year. ``(ii) Limitation.--A State that accumulates a balance of unexpended funds described in clause (i) of more than $3,000,000 shall be ineligible to apply for additional funds for SEARCH grants until such time as the State expends the portion of the balance that exceeds $3,000,000. ``SEC. 393. REPORT. ``Not later than September 1 of the first fiscal year for which a SEARCH grant is awarded by a council, and annually thereafter, the council shall submit to the Secretary a report that-- ``(1) describes the number of SEARCH grants awarded during the fiscal year; ``(2) identifies each small community that received a SEARCH grant during the fiscal year; ``(3) describes the project or purpose for which each SEARCH grant was awarded, including a statement of the benefit to public health or the environment of the environmental project receiving the grant funds; and ``(4) describes the status of each project or portion of a project for which a SEARCH grant was awarded, including a project or portion of a project for which a SEARCH grant was awarded for any fiscal year before the fiscal year in which the report is submitted. ``SEC. 394. FUNDING. ``(a) Authorization of Appropriations.--There is authorized to be appropriated to carry out section 392(a)(3) $50,000,000. ``(b) Actual Appropriation.--If funds to carry out section 392(a)(3) are made available for a fiscal year in an amount that is less than the amount authorized under subsection (a) for the fiscal year, the appropriated funds shall be divided equally among the 50 States. ``(c) Unused Funds.--If, for any fiscal year, a State does not apply, or does not qualify, to receive funds under section 392(a)(2), the funds that would have been made available to the State under section 392(a)(3) on submission by the State of a successful application under section 392(a)(2) shall be redistributed for award under this subtitle among States, the councils of which awarded 1 or more SEARCH grants during the preceding fiscal year. ``(d) Other Expenses.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subtitle (other than section 392(a)(3)).''. | Project SEARCH Act of 2001 - Amends the Consolidated Farm and Rural Development Act to establish the SEARCH grant program to carry out environmental projects in rural communities of not more than 2,500 people. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Freedom Through Encryption (SAFE) Act''. SEC. 2. SALE AND USE OF ENCRYPTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 121 the following new chapter: ``CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION ``2801. Definitions. ``2802. Freedom to use encryption. ``2803. Freedom to sell encryption. ``2804. Prohibition on mandatory key escrow. ``2805. Unlawful use of encryption in furtherance of a criminal act. ``Sec. 2801. Definitions ``As used in this chapter-- ``(1) the terms `person', `State', `wire communication', `electronic communication', `investigative or law enforcement officer', `judge of competent jurisdiction', and `electronic storage' have the meanings given those terms in section 2510 of this title; ``(2) the terms `encrypt' and `encryption' refer to the scrambling of wire or electronic information using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such information; ``(3) the term `key' means the variable information used in a mathematical formula, code, or algorithm, or any component thereof, used to decrypt wire or electronic information that has been encrypted; and ``(4) the term `United States person' means-- ``(A) any United States citizen; ``(B) any other person organized under the laws of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States; and ``(C) any person organized under the laws of any foreign country who is owned or controlled by individuals or persons described in subparagraphs (A) and (B). ``Sec. 2802. Freedom to use encryption ``Subject to section 2805, it shall be lawful for any person within any State, and for any United States person in a foreign country, to use any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2803. Freedom to sell encryption ``Subject to section 2805, it shall be lawful for any person within any State to sell in interstate commerce any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2804. Prohibition on mandatory key escrow ``(a) Prohibition.--No person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key. ``(b) Exception for Access for Law Enforcement Purposes.-- Subsection (a) shall not affect the authority of any investigative or law enforcement officer, acting under any law in effect on the effective date of this chapter, to gain access to encrypted information. ``Sec. 2805. Unlawful use of encryption in furtherance of a criminal act ``Any person who willfully uses encryption in furtherance of the commission of a criminal offense for which the person may be prosecuted in a court of competent jurisdiction-- ``(1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined in the amount set forth in this title, or both; and ``(2) in the case of a second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined in the amount set forth in this title, or both.''. (b) Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 33 the following new item: ``122. Encrypted wire and electronic information............ 2801''. SEC. 3. EXPORTS OF ENCRYPTION. (a) Amendment to Export Administration Act of 1979.--Section 17 of the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection: ``(g) Computers and Related Equipment.-- ``(1) General rule.--Subject to paragraphs (2), (3), and (4), the Secretary shall have exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use, including command, control, and intelligence applications. ``(2) Items not requiring licenses.--No validated license may be required, except pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act (but only to the estent that the authority of such Act is not exercised to extend controls imposed under this Act), for the export or reexport of-- ``(A) any software, including software with encryption capabilities-- ``(i) that is generally available, as is, and is designed for installation by the purchaser; or ``(ii) that is in the public domain for which copyright or other protection is not available under title 17, United States Code, or that is available to the public because it is generally accessible to the interested public in any form; or ``(B) any computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under subparagraph (A). ``(3) Software with encryption capabilities.--The Secretary shall authorize the export or reexport of software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such software will be-- ``(A) diverted to a military end-use or an end-use supporting international terrorism; ``(B) modified for military or terrorist end-use; or ``(C) reexported without any authorization by the United States that may be required under this Act. ``(4) Hardware with encryption capabilities.--The Secretary shall authorize the export or reexport of computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. ``(5) Definitions.--As used in this subsection-- ``(A) the term `encryption' means the scrambling of wire or electronic information using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such information; ``(B) the term `generally available' means, in the case of software (including software with encryption capabilities), software that is offered for sale, license, or transfer to any person without restriction, whether or not for consideration, including, but not limited to, over-the-counter retail sales, mail order transactions, phone order transactions, electronic distribution, or sale on approval; ``(C) the term `as is' means, in the case of software (including software with encryption capabilities), a software program that is not designed, developed, or tailored by the software publisher for specific purchasers, except that such purchasers may supply certain installation parameters needed by the software program to function properly with the purchaser's system and may customize the software program by choosing among options contained in the software program; ``(D) the term `is designed for installation by the purchaser' means, in the case of software (including software with encryption capabilities) that-- ``(i) the software publisher intends for the purchaser (including any licensee or transferee), who may not be the actual program user, to install the software program on a computing device and has supplied the necessary instructions to do so, except that the publisher may also provide telephone help line services for software installation, electronic transmission, or basic operations; and ``(ii) the software program is designed for installation by the purchaser without further substantial support by the supplier; ``(E) the term `computing device' means a device which incorporates one or more microprocessor-based central processing units that can accept, store, process, or provide output of data; and ``(F) the term `computer hardware', when used in conjunction with information security, includes, but is not limited to, computer systems, equipment, application-specific assemblies, modules, and integrated circuits.''. (b) Continuation of Export Administration Act.--For purposes of carrying out the amendment made by subsection (a), the Export Administration Act of 1979 shall be deemed to be in effect. | Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Navajo-Hopi Land Dispute Settlement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is in the public interest for the Tribe, Navajos residing on the Hopi Partitioned Lands, and the United States to reach a peaceful resolution of the longstanding disagreements between the parties under the Act commonly known as the ``Navajo- Hopi Land Settlement Act of 1974'' (Public Law 93-531; 25 U.S.C. 640d et seq.); (2) it is in the best interest of the Tribe and the United States that there be a fair and final settlement of certain issues remaining in connection with the Navajo-Hopi Land Settlement Act of 1974, including the full and final settlement of the multiple claims that the Tribe has against the United States; (3) this Act, together with the Settlement Agreement executed on December 14, 1995, and the Accommodation Agreement (as incorporated by the Settlement Agreement), provide the authority for the Tribe to enter agreements with eligible Navajo families in order for those families to remain residents of the Hopi Partitioned Lands for a period of 75 years, subject to the terms and conditions of the Accommodation Agreement; (4) the United States acknowledges and respects-- (A) the sincerity of the traditional beliefs of the members of the Tribe and the Navajo families residing on the Hopi Partitioned Lands; and (B) the importance that the respective traditional beliefs of the members of the Tribe and Navajo families have with respect to the culture and way of life of those members and families; (5) this Act, the Settlement Agreement, and the Accommodation Agreement provide for the mutual respect and protection of the traditional religious beliefs and practices of the Tribe and the Navajo families residing on the Hopi Partitioned Lands; (6) the Tribe is encouraged to work with the Navajo families residing on the Hopi Partitioned Lands to address their concerns regarding the establishment of family or individual burial plots for deceased family members who have resided on the Hopi Partitioned Lands; and (7) neither the Navajo Nation nor the Navajo families residing upon Hopi Partitioned Lands were parties to or signers of the Settlement Agreement between the United States and the Hopi Tribe. SEC. 3. DEFINITIONS. Except as otherwise provided in this Act, for purposes of this Act, the following definitions shall apply: (1) Accommodation.--The term ``Accommodation'' has the meaning provided that term under the Settlement Agreement. (2) Hopi partitioned lands.--The term ``Hopi Partitioned Lands'' means lands located in the Hopi Partitioned Area, as defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Navajo partitioned lands.--The term ``Navajo Partitioned Lands'' has the meaning provided that term in the proposed regulations issued on November 1, 1995, at 60 Fed. Reg. 55506. (4) New lands.--The term ``New Lands'' has the meaning provided that term in section 700.701(b) of title 25, Code of Federal Regulations. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Settlement agreement.--The term ``Settlement Agreement'' means the agreement between the United States and the Hopi Tribe executed on December 14, 1995. (7) Tribe.--The term ``Tribe'' means the Hopi Tribe. (8) Newly acquired trust lands.--The term ``newly acquired trust lands'' means lands taken into trust for the Tribe within the State of Arizona pursuant to this Act or the Settlement Agreement. SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT. The United States approves, ratifies, and confirms the Settlement Agreement. SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST. The Secretary shall take such action as may be necessary to ensure that the following conditions are met prior to taking lands into trust for the benefit of the Tribe pursuant to the Settlement Agreement: (1) Selection of lands taken into trust.-- (A) Primary area.--In accordance with section 7(a) of the Settlement Agreement, the primary area within which lands acquired by the Tribe may be taken into trust by the Secretary for the benefit of the Tribe under the Settlement Agreement shall be located in northern Arizona. (B) Requirements for lands taken into trust in the primary area.--Lands taken into trust in the primary area referred to in subparagraph (A) shall be-- (i) land that is used substantially for ranching, agriculture, or another similar use; and (ii) to the extent feasible, in contiguous parcels. (2) Acquisition of lands.--Before taking any land into trust for the benefit of the Tribe under this section, the Secretary shall ensure that-- (A) at least 85 percent of the eligible Navajo heads of household (as determined under the Settlement Agreement) have entered into an accommodation or have chosen to relocate and are eligible for relocation assistance (as determined under the Settlement Agreement); and (B) the Tribe has consulted with the State of Arizona concerning the lands proposed to be placed in trust, including consulting with the State concerning the impact of placing those lands into trust on the State and political subdivisions thereof resulting from the removal of land from the tax rolls in a manner consistent with the provisions of part 151 of title 25, Code of Federal Regulations. (3) Prohibition.--The Secretary may not, pursuant to the provisions of this Act and the Settlement Agreement, place lands, any portion of which are located within or contiguous to a 5-mile radius of an incorporated town or city (as those terms are defined by the Secretary) in northern Arizona, into trust for benefit of the Tribe without specific statutory authority. (4) Expeditious action by the secretary.--Consistent with all other provisions of this Act, the Secretary is directed to take lands into trust under this Act expeditiously and without undue delay. SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED LANDS. (a) In General.-- (1) Action by the secretary.-- (A) In general.--The Secretary shall take action as specified in subparagraph (B), to the extent that the Tribe, in accordance with section 7(b) of the Settlement Agreement-- (i) acquires private lands; and (ii) requests the Secretary to acquire through condemnation interspersed lands that are owned by the State of Arizona and are located within the exterior boundaries of those private lands in order to have both the private lands and the State lands taken into trust by the Secretary for the benefit of the Tribe. (B) Acquisition through condemnation.--With respect to a request for an acquisition of lands through condemnation made under subparagraph (A), the Secretary shall, upon the recommendation of the Tribe, take such action as may be necessary to acquire the lands through condemnation and, with funds provided by the Tribe, pay the State of Arizona fair market value for those lands in accordance with applicable Federal law, if the conditions described in paragraph (2) are met. (2) Conditions for acquisition through condemnation.--The Secretary may acquire lands through condemnation under this subsection if-- (A) that acquisition is consistent with the purpose of obtaining not more than 500,000 acres of land to be taken into trust for the Tribe; (B) the State of Arizona concurs with the United States that the acquisition is consistent with the interests of the State; and (C) the Tribe pays for the land acquired through condemnation under this subsection. (b) Disposition of Lands.--If the Secretary acquires lands through condemnation under subsection (a), the Secretary shall take those lands into trust for the Tribe in accordance with this Act and the Settlement Agreement. (c) Private Lands.--The Secretary may not acquire private lands through condemnation for the purpose specified in subsection (a)(2)(A). SEC. 7. ACTION TO QUIET POSSESSION. If the United States fails to discharge the obligations specified in section 9(c) of the Settlement Agreement with respect to voluntary relocation of Navajos residing on Hopi Partitioned Lands, or section 9(d) of the Settlement Agreement, relating to the implementation of sections 700.137 through 700.139 of title 25, Code of Federal Regulations, on the New Lands, including failure for reason of insufficient funds made available by appropriations or otherwise, the Tribe may bring an action to quiet possession that relates to the use of the Hopi Partitioned Lands after February 1, 2000, by a Navajo family that is eligible for an accommodation, but fails to enter into an accommodation. SEC. 8. PAYMENT TO STATE OF ARIZONA. (a) Authorization of Appropriations.--Subject to subsection (b), there are authorized to be appropriated to the Department of the Interior $250,000 for fiscal year 1998, to be used by the Secretary of the Interior for making a payment to the State of Arizona. (b) Payment.--The Secretary shall make a payment in the amount specified in subsection (a) to the State of Arizona after an initial acquisition of land from the State has been made by the Secretary pursuant to section 6. SEC. 9. 75-YEAR LEASING AUTHORITY. The first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) is amended by adding at the end the following new subsections: ``(c) Leases Involving the Hopi Tribe and the Hopi Partitioned Lands Accommodation Agreement.--Notwithstanding subsection (a), a lease of land by the Hopi Tribe to Navajo Indians on the Hopi Partitioned Lands may be for a term of 75 years, and may be extended at the conclusion of the term of the lease. ``(d) Definitions.--For purposes of this section-- ``(1) the term `Hopi Partitioned Lands' means lands located in the Hopi Partitioned Area, as defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on the date of enactment of this subsection); and ``(2) the term `Navajo Indians' means members of the Navajo Tribe.''. SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING PROGRAM. Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-24(a)(8)) is amended by striking ``1996, and 1997'' and inserting ``1996, 1997, 1998, 1999, and 2000''. SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION AND THE HOPI TRIBE. Nothing in this Act or the amendments made by this Act shall be interpreted or deemed to preclude, limit, or endorse, in any manner, actions by the Navajo Nation that seek, in court, an offset from judgments for payments received by the Hopi Tribe under the Settlement Agreement. SEC. 12. WATER RIGHTS. (a) In General.-- (1) Water rights.--Subject to the other provisions of this section, newly acquired trust lands shall have only the following water rights: (A) The right to the reasonable use of groundwater pumped from such lands. (B) All rights to the use of surface water on such lands existing under State law on the date of acquisition, with the priority date of such right under State law. (C) The right to make any further beneficial use on such lands which is unappropriated on the date each parcel of newly acquired trust lands is taken into trust. The priority date for the right shall be the date the lands are taken into trust. (2) Rights not subject to forfeiture or abandonment.--The Tribe's water rights for newly acquired trust lands shall not be subject to forfeiture or abandonment arising from events occurring after the date the lands are taken into trust. (b) Recognition as valid uses.-- (1) Groundwater.--With respect to water rights associated with newly acquired trust lands, the Tribe, and the United States on the Tribe's behalf, shall recognize as valid all uses of groundwater which may be made from wells (or their subsequent replacements) in existence on the date each parcel of newly acquired trust land is acquired and shall not object to such groundwater uses on the basis of water rights associated with the newly acquired trust lands. The Tribe, and the United States on the Tribe's behalf, may object only to the impact of groundwater uses on newly acquired trust lands which are initiated after the date the lands affected are taken into trust and only on grounds allowed by the State law as it exists when the objection is made. The Tribe, and the United States on the Tribe's behalf, shall not object to the impact of groundwater uses on the Tribe's right to surface water established pursuant to subsection (a)(3) when those groundwater uses are initiated before the Tribe initiates its beneficial use of surface water pursuant to subsection (a)(3). (2) Surface water.--With respect to water rights associated with newly acquired trust lands, the Tribe, and the United States on the Tribe's behalf, shall recognize as valid all uses of surface water in existence on or prior to the date each parcel of newly acquired trust land is acquired and shall not object to such surface water uses on the basis of water rights associated with the newly acquired trust lands, but shall have the right to enforce the priority of its rights against all junior water rights the exercise of which interfere with the actual use of the Tribe's senior surface water rights. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall preclude the Tribe, or the United States on the Tribe's behalf, from asserting objections to water rights and uses on the basis of the Tribe's water rights on its currently existing trust lands. (c) Applicability of State Law on Lands Other Than Newly Acquired Lands.--The Tribe, and the United States on the Tribe's behalf, further recognize that State law applies to water uses on lands, including subsurface estates, that exist within the exterior boundaries of newly acquired trust lands and that are owned by any party other than the Tribe. (d) Adjudication of Water Rights on Newly Acquired Trust Lands.-- The Tribe's water rights on newly acquired trust lands shall be adjudicated with the rights of all other competing users in the court now presiding over the Little Colorado River Adjudication, or if that court no longer has jurisdiction, in the appropriate State or Federal court. Any controversies between or among users arising under Federal or State law involving the Tribe's water rights on newly acquired trust lands shall be resolved in the court now presiding over the Little Colorado River Adjudication, or, if that court no longer has jurisdiction, in the appropriate State or Federal court. Nothing in this subsection shall be construed to affect any court's jurisdiction: Provided, That the Tribe shall administer all water rights established in subsection (a). (e) Prohibition.--Water rights for newly acquired trust lands shall not be used, leased, sold, or transported for use off of such lands or the Tribe's other trust lands: Provided, That the Tribe may agree with other persons having junior water rights to subordinate the Tribe's senior water rights. Water rights for newly acquired trust lands can only be used on those lands or other trust lands of the Tribe located within the same river basin tributary to the main stream of the Colorado River. (f) Subsurface Interests.--On any newly acquired trust lands where the subsurface interest is owned by any party other than the Tribe, the trust status of the surface ownership shall not impair any existing right of the subsurface owner to develop the subsurface interest and to have access to the surface for the purpose of such development. (g) Statutory Construction with Respect to Water Rights of Other Federally Recognized Indian Tribes.--Nothing in this section shall affect the water rights of any other federally recognized Indian tribe with a priority date earlier than the date the newly acquired trust lands are taken into trust. (h) Statutory Construction.--Nothing in this section shall be construed to determine the law applicable to water use on lands owned by the United States, other than on the newly acquired trust lands. The granting of the right to make beneficial use of unappropriated surface water on the newly acquired trust lands with a priority date such lands are taken into trust shall not be construed to imply that such right is a Federal reserved water right. Nothing in this section or any other provision of this Act shall be construed to establish any Federal reserved right to groundwater. Authority for the Secretary to take land into trust for the Tribe pursuant to the Settlement Agreement and this Act shall be construed as having been provided solely by the provisions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Navajo-Hopi Land Dispute Settlement Act of 1996 - Ratifies the Settlement Agreement between the United States and the Hopi Tribe executed on December 14, 1995. Sets forth the conditions to be met prior to taking lands into trust for the Tribe pursuant to the Settlement Agreement. Authorizes the Secretary of the Interior to acquire: (1) private lands; and (2) through condemnation, with funds provided by the Tribe, certain interspersed lands that are owned by the State of Arizona in order to have both the private and the State lands taken into trust for the Tribe. Prohibits the Secretary, pursuant to the provisions of this Act and the Settlement Agreement, from placing lands, any portion of which are located within or contiguous to a five-mile radius of an incorporated town or city in Northern Arizona, into trust for the Tribe without specific statutory authority. Authorizes the Tribe, if the United States fails to discharge the obligation of voluntarily relocating Navajos residing on Hopi Partitioned Lands, to bring an action to quiet possession relating to use of such Lands after February 2002 by an eligible Navajo family that fails to enter into an accommodation. Authorizes an appropriation to the Department of the Interior of $250,000 for FY 1998 to be used for making a payment to the State of Arizona. Requires the Secretary to make such a payment to the State of Arizona after an initial acquisition of land from the State has been made by the Secretary. Amends Federal law to authorize leases by the Hopi Tribe to Navajo Indians residing on Hopi Partitioned Lands that may be for a 75-year term and extended at the conclusion of the lease term. Amends Public Law 93-531 to reauthorize the Navajo-Hopi Relocation Housing Program through FY 2000. Sets forth provisions concerning water rights on newly aquired trust lands. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telework Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) many rural communities and Indian reservations have not benefited from the historic economic expansion in recent years, and high levels of unemployment and underemployment persist in the rural communities and reservations; (2) many economic opportunities, especially in information technology fields, are located away from many rural communities and reservations; (3) the United States has a significant and growing need for skilled information technology workers; (4) unemployed and underemployed rural employees represent a potential workforce to fill information technology jobs; (5) teleworking allows rural employees to perform skill intensive information technology jobs from their communities for firms located outside rural communities; and (6) employing a rural teleworkforce in information technology fields will require-- (A) employers that are willing to hire rural residents or contract for work to be performed in rural communities; (B) recruitment and training of rural residents appropriate for work in information technology fields; (C) means of connecting employers with employees through advanced telecommunications services; and (D) innovative approaches and collaborative models to create rural technology business opportunities and facilitate the employment of rural individuals. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Secretary of Agriculture to make competitive grants to establish National Centers for Distance Working in rural areas to provide assistance to individuals in rural communities to support the use of teleworking in information technology fields; (2) to promote teleworking arrangements, small electronic business development, and creation of information technology jobs in rural areas for the purpose of creating sustainable economic opportunities in rural communities; (3) to promote the practice of teleworking to information technology jobs among rural, urban, and suburban residents, Indian tribes, job training and workforce development providers, educators, and employers; (4) to meet the needs of information technology and other industries for skilled employees by accelerating the training and hiring of rural employees to fill existing and future jobs from rural communities and Indian reservations; (5) to promote teleworking and small electronic business as sustainable income sources for rural communities and Indian tribes; and (6) to study, collect information, and develop best practices for rural teleworking employment practices. SEC. 3. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM. Subtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) is amended by adding at the end the following: ``SEC. 376. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM. ``(a) Definitions.--In this section: ``(1) Center.--The term `Center' means a National Center for Distance Working established under subsection (b) that receives a grant under this section. ``(2) Eligible organization.--The term `eligible organization' means a nonprofit entity, an educational institution, a tribal government, or any other organization that meets the requirements of this section and such other requirements as are established by the Secretary. ``(3) Information technology.--The term `information technology' means any equipment, or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information, including a computer, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. ``(4) Rural area.--The terms `rural' and `rural area' have the meaning given the terms in section 381A. ``(5) Secretary.--The term `Secretary' means the Secretary, acting through the Administrator of the Rural Utility Service. ``(6) Teleworking.--The term `teleworking' means the use of telecommunications to perform work functions over a distance and to reduce or eliminate the need to perform work at a traditional worksite. ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish a National Centers for Distance Working Program under which the Secretary shall make competitive grants to eligible organizations to pay the Federal share of the cost of establishing National Centers for Distance Working in rural areas to conduct projects in accordance with subsection (c). ``(2) Eligible organization.--The Secretary shall establish criteria that an organization must meet to be eligible to receive a grant under this section. ``(c) Projects.--A Center shall use a grant received under this section to conduct a 5-year project-- ``(1) to provide training, referral, assessment, and employment-related services and assistance to individuals in rural communities and Indian tribes to support the use of teleworking in information technology fields, including services and assistance related to high technology training, telecommunications infrastructure, capital equipment, job placement services, and other means of promoting teleworking; ``(2) to identify skills that are needed by the business community and that will enable trainees to secure employment after the completion of training; ``(3) to recruit employers for rural individuals and residents of Indian reservations; ``(4) to provide for high-speed communications between the individuals in the targeted rural community or reservation and employers that carry out information technology work that is suitable for teleworking; ``(5) to provide for access to or ownership of the facilities, hardware, software, and other equipment necessary to perform information technology jobs; and ``(6) to perform such other functions as the Secretary considers appropriate. ``(d) Eligibility Criteria.-- ``(1) Application and plan.--As a condition of receiving a grant under this section for use with respect to a rural area, an organization shall submit to the Secretary, and obtain the approval of the Secretary of, an application and 5-year plan for the use of the grant to carry out a project described in subsection (c), including a description of-- ``(A) the businesses and employers that will provide employment opportunities in the rural area; ``(B) fundraising strategies; ``(C) training and training delivery methods to be employed; ``(D) the rural community of individuals to be targeted to receive assistance; ``(E) any support from State and local governments and other non-Federal sources; and ``(F) outreach activities to be carried out to reach potential information technology employers. ``(2) Non-federal share.-- ``(A) In general.--As a condition of receiving a grant under this section, an organization shall agree to obtain, after the application of the organization has been approved and notice of award has been issued, contributions from non-Federal sources that are equal to-- ``(i) during each of the first, second, and third years of a project, 1 non-Federal dollar for each 2 Federal dollars provided under the grant; and ``(ii) during each of the fourth and fifth years of the project, 1 non-Federal dollar for each Federal dollar provided under the grant. ``(B) Indian tribes.--Notwithstanding subparagraph (A), an Indian tribe may use Federal funds made available to the tribe for self-governance to pay the non-Federal contributions required under subparagraph (A). ``(C) Form.--The non-Federal contributions required under subparagraph (A) may be in the form of in-kind contributions, including office equipment, office space, and services. ``(e) Selection Criteria.-- ``(1) In general.--The Secretary shall-- ``(A) establish criteria for the selection of eligible organizations to receive grants under this section; and ``(B) evaluate, rank, and select eligible organizations on the basis of the selection criteria. ``(2) Factors.--The selection criteria established under paragraph (1) shall include-- ``(A) the experience of the eligible organization in conducting programs or ongoing efforts designed to improve or upgrade the skills of rural employees or members of Indian tribes; ``(B) the ability of the eligible organization to initiate a project within a minimum period of time; ``(C) the ability and experience of the eligible organization in providing training to rural individuals who are economically disadvantaged or who face significant barriers to employment; ``(D) the ability and experience of the eligible organization in conducting information technology skill training; ``(E) the degree to which the eligible organization has entered into partnerships or contracts with local, tribal, and State governments, community-based organizations, and prospective employers to provide training, employment, and supportive services; ``(F) the ability and experience of the eligible organization in providing job placement for rural employees with employers that are suitable for teleworking; ``(G) the computer and telecommunications equipment that the eligible organization has or expects to possess or use under contract on initiation of the project; and ``(H) the means the applicant proposes, such as high-speed Internet access, to allow communication between rural employees and employers. ``(3) Publication.--The Secretary shall-- ``(A) publish the selection criteria established under this subsection in the Federal Register; and ``(B) include a description of the selection criteria in any solicitation for applications for grants made by the Secretary. ``(f) Studies of Teleworking.-- ``(1) In general.--To promote the development of teleworking in rural areas, the Secretary may make grants to entities to conduct research on economic, operational, social, and policy issues relating to teleworking in rural areas, including the development of best practices for businesses that employ teleworkers. ``(2) Limitation.--The Secretary shall use not more than $1,000,000 of funds made available for a fiscal year under subsection (g) to carry out this subsection. ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $11,000,000 for each fiscal year.''. | Directs a recipient Center to use grants for five-year projects to: (1) identify needed skills and provide training and employment-related services to persons in rural areas and Indian tribes to support the use of teleworking (the use of telecommunications to perform work functions over a distance) in technology fields; and (2) recruit employers and provide for high-speed employer-employee communications. Authorizes the Secretary to make limited grants for teleworking studies, including development of best practices for businesses that employ teleworkers. Authorizes appropriations. |
SECTION 1. FEDERAL DATA CENTER CONSOLIDATION. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) Data center.-- (A) Definition.--The term ``data center'' means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Administrator in the ``Implementation Guidance for the Federal Data Center Consolidation Initiative'' memorandum, issued on March 19, 2012. (B) Authority to modify definition.--The Administrator may promulgate guidance or other clarifications to modify the definition in subparagraph (A) in a manner consistent with this Act, as the Administrator determines necessary. (b) Federal Data Center Consolidation Inventories and Plans.-- (1) In general.-- (A) Annual reports.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of each agency that is described in subparagraph (E), assisted by the chief information officer of the agency, shall submit to the Administrator-- (i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and (ii) an updated consolidation plan that includes-- (I) a technical roadmap and approach for achieving the agency's targets for infrastructure utilization, energy efficiency (including performance benchmarks such as Power Utilization Effectiveness and use of Energy Star-rated equipment), cost savings and efficiency; (II) a detailed timeline for implementation of the data center consolidation plan; (III) quantitative utilization and efficiency goals for reducing assets, improving energy and efficiency, and improving use of information technology infrastructure; (IV) performance metrics by which the progress of the agency toward data center consolidation goals can be measured, including metrics to track any gains in energy utilization as a result of this initiative; (V) an aggregation of year-by-year investment and cost savings calculations for 5 years past the date of submission of the cost saving assessment, including a description of any initial costs for data center consolidation and life cycle cost savings; (VI) quantitative progress towards previously stated goals including cost savings (including savings measured on a total cost of ownership basis) and increases in operational efficiencies and utilization; and (VII) any additional information required by the Administrator. (B) Use of existing reporting structures.--The Administrator may require agencies described in subparagraph (E) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act. (C) Certification.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of an agency, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act. (D) Inspector general report.-- (i) In general.--The Inspector General for each agency described in subparagraph (E) shall release a public report not later than 6 months after the date on which the agency releases the first updated asset inventory in fiscal year 2015 under subparagraph (A)(i), which shall evaluate the completeness of the inventory of the agency. (ii) Agency response.--The head of each agency shall respond to the report completed by the Inspector General for the agency under clause (i), and complete any inventory identified by the Inspector General for the agency as incomplete, by the time the agency submits the required inventory update for fiscal year 2016. (E) Agencies described.--The agencies (including all associated components of the agency) described in this paragraph are the-- (i) Department of Agriculture; (ii) Department of Commerce; (iii) Department of Defense; (iv) Department of Education; (v) Department of Energy; (vi) Department of Health and Human Services; (vii) Department of Homeland Security; (viii) Department of Housing and Urban Development; (ix) Department of the Interior; (x) Department of Justice; (xi) Department of Labor; (xii) Department of State; (xiii) Department of Transportation; (xiv) Department of Treasury; (xv) Department of Veterans Affairs; (xvi) Environmental Protection Agency; (xvii) General Services Administration; (xviii) National Aeronautics and Space Administration; (xix) National Science Foundation; (xx) Nuclear Regulatory Commission; (xxi) Office of Personnel Management; (xxii) Small Business Administration; (xxiii) Social Security Administration; and (xxiv) United States Agency for International Development. (F) Agency implementation of consolidation plans.-- Each agency described in subparagraph (E), under the direction of the chief information officer of the agency shall-- (i) implement the consolidation plan required under subparagraph (A)(ii); and (ii) provide to the Administrator annual updates on implementation and cost savings (including life cycle costs) and efficiency improvements realized through such consolidation plan. (2) Administrator responsibilities.--The Administrator shall-- (A) establish the deadline, on an annual basis, for agencies to submit information under this section; (B) ensure that each certification submitted under paragraph (1)(C) and each agency consolidation plan submitted under paragraph (1)(A)(ii) is made available in a timely manner to the general public; (C) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete; (D) monitor the implementation of the data center consolidation plan of each agency described in paragraph (1)(A)(ii); and (E) update the cumulative cost savings projection on an annual basis as the savings are realized through the implementation of the agency plans. (3) Cost saving goal and updates for congress.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, or by September 30th of fiscal year 2015, whichever is later, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings. (B) Annual update.-- (i) In general.--Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2019, the Administrator shall publish a report on the actual savings achieved through the Federal Data Center Consolidation Initiative as compared to the projected savings developed under subparagraph (A) (based on data collected from each affected agency under paragraph (1)). (ii) Update for congress.--The report required under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by each agency described in subsection paragraph (1)(E) on-- (I) whether each agency has in fact submitted a comprehensive asset inventory; (II) whether each agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii); and (III) the progress, if any, of each agency on implementing the consolidation plan of the agency. (iii) Request for reports.--Upon request from the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Oversight and Government Reform of the House of Representatives, the head of an agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii). (4) GAO review.--The Comptroller General of the United States shall, on an annual basis, publish a report on-- (A) the quality and completeness of each agency's asset inventory and consolidation plans required under paragraph (1)(A); (B) each agency's progress on implementation of the consolidation plans submitted under paragraph (1)(A); (C) overall planned and actual cost savings realized through implementation of the consolidation plans submitted under paragraph (1)(A); (D) any steps that the Administrator could take to improve implementation of the data center consolidation initiative; and (E) any matters for Congressional consideration in order to improve or accelerate the implementation of the data center consolidation initiative. (5) Response to gao.-- (A) In general.--If a report required under paragraph (4) identifies any deficiencies or delays in any of the elements described in subparagraphs (A) through (E) of paragraph (4) for an agency, the head of the agency shall respond in writing to the Comptroller General of the United States, not later than 90 days after the date on which the report is published under paragraph (4), with a detailed explanation of how the agency will address the deficiency. (B) Additional requirements.--If the Comptroller General identifies an agency that has repeatedly lagged in implementing the data center consolidation initiative, the Comptroller General may require that the head of the agency submit a statement explaining-- (i) why the agency is having difficulty implementing the initiative; and (ii) what structural or personnel changes are needed within the agency to address the problem. (c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.--An agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including-- (1) applicable provisions found within the Federal Risk and Authorization Management Program of the General Service Administration; and (2) guidance published by the National Institute of Standards and Technology. (d) Classified Information.--The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community. (e) Sunset.--This Act is repealed effective on October 1, 2019. | Requires the heads of specified federal agencies, assisted by their chief information officers, to submit in FY2015-FY2019 to the Office of E-Government and Information Technology of the Office of Management and Budget: (1) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of such agencies; and (2) an updated consolidation plan for such data centers. Requires the Inspector General of each specified agency to issue a public report evaluating the completeness of agency inventories. Requires the Office of E-Government and Information Technology to: (1) establish the deadline each year for agencies to submit information required by this Act; (2) develop and publish a goal for the total amount of planned cost savings through the Federal Data Center Consolidation Initiative during a five-year period and report on the actual savings achieved through the Initiative; and (3) report to Congress on data center cost savings. Directs the Government Accountability Office to publish an annual report on agency asset inventory and consolidation plans and agency implementation of such plans. Requires agencies that are required to implement a data center consolidation plan and migrate to cloud computing to do so in a manner consistent with federal guidelines on cloud computing security, including applicable provisions in the Federal Risk and Authorization Management Program of the General Services Administration and guidance published by the National Institute of Standards and Technology. Authorizes the Director of National Intelligence to waive requirements of this Act for any element of the intelligence community. Repeals this Act effective on October 1, 2019. |
SECTION 1. REPEAL OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. (a) In General.--Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is repealed. (b) Conforming Amendments.-- (1) Section 1211(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3811(a)(3)) is amended-- (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; and (C) in subparagraph (A) (as so redesignated), by striking ``any other provision of''. (2) Section 1221(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3821(b)(3)) is amended-- (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; and (C) in subparagraph (A) (as so redesignated), by striking ``any other provision of''. (3) Section 1235(f)(1)(D) of the Food Security Act of 1985 (16 U.S.C. 3835(f)(1)(D)) is amended by striking ``or the environmental quality incentives program''. (4) Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``(and fiscal year 2019 in the case of the program specified in paragraph (5))''; and (ii) by striking paragraph (5); (B) in subsection (b), by striking ``(and fiscal year 2019 in the case of the program specified in subsection (a)(5))''; (C) in subsection (h)-- (i) in paragraph (1), in the matter preceding subparagraph (A)-- (I) by striking ``funds'' and inserting ``acres''; and (II) by striking ``to carry out the environmental quality incentives program and the acres made available for each of such fiscal years''; (ii) by striking paragraph (2); and (iii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in subsection (i)-- (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively. (5) Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended-- (A) in subsection (c)-- (i) in paragraph (1)(B), by adding ``and'' at the end; (ii) in paragraph (2), by striking ``; and'' and inserting a period; and (iii) by striking paragraph (3); and (B) in subsection (l), by striking ``D and the environmental quality incentives program under chapter 4 of subtitle''. (6) Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 3871a(1)) is amended-- (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (7) Section 344(f)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(8)) is amended in the proviso of the first sentence by striking ``Act, the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985,'' and inserting ``Act''. (8) Section 377 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1377) is amended in the first proviso by striking ``Act or the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985):'' and inserting ``Act):''. (9) The last proviso of the matter under the heading ``conservation reserve program'' under the heading ``Soil Bank Programs'' of title I of the Department of Agriculture and Farm Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a), is amended by striking ``(1) payments'' and all that follows through ``or (2)''. (10) Section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) is amended by striking paragraph (1). (11) Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended-- (A) by striking ``section, the'' and inserting ``section and the''; and (B) by striking ``(16 U.S.C. 2101 et seq.)'' and all that follows through ``or other'' and inserting ``(16 U.S.C. 2101 et seq.) or any other applicable''. (12) Section 304 of the Lake Champlain Special Designation Act of 1990 (33 U.S.C. 1270 note; Public Law 101-596) is amended-- (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; and (C) in subsection (c) (as so redesignated)-- (i) by striking ``(1) There'' in paragraph (1) and all that follows through ``(2) There'' in paragraph (2) and inserting ``There''; and (ii) by striking ``(b) and (c)'' and inserting ``(a) and (b)''. (13) Section 202 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1592) is amended by striking subsection (c). | This bill amends the Food Security Act of 1985 to repeal the Department of Agriculture Environmental Quality Incentives Program (EQIP). (EQIP provides financial and technical assistance for agricultural producers and land owners to implement certain conservation practices.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Financial Crimes Strategy Act of 1996''. SEC. 2. FINANCIAL CRIMES INVOLVING MONEY LAUNDERING AND RELATED CRIMINAL ACTIVITIES. (a) In General.--Title IX of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (relating to regulatory enforcement authority and criminal enhancements) is amended by adding at the end the following new subtitle: ``Subtitle G--National Financial Crimes Strategy ``SEC. 971. NATIONAL FINANCIAL CRIMES STRATEGY. ``(a) Development and Submission to Congress.-- ``(1) In general.--Before the end of the 180-day period beginning on the date of the enactment of this subtitle and before February 1 of each subsequent year, the President, acting through the Secretary of the Treasury, shall develop a national strategy for combating financial crimes which shall be submitted to the Congress. ``(2) Separate presentation of classified material.--Any part of the strategy that involves information which is properly classified under criteria established by Executive order shall be submitted to the Congress separately. ``(b) Development of Strategy.--The national strategy for combating financial crimes shall include the following: ``(1) Long-range goals.--Comprehensive, research-based, long-range goals for reducing financial crime in the United States. ``(2) Short-term objective.--A short-term objective which the Secretary determines may be realistically achieved by the end of the 2-year period beginning on the date of transmission of the strategy. ``(3) Allocation of law enforcement resources.--A description of the manner in which law enforcement resources will be allocated. ``(4) Review of nonfederal financial crime control activities.--A review of the financial crime control activities of State and local governments and recommendations for sufficient cooperation between Federal agencies and such State and local governments to achieve a well-coordinated and effective policy for fighting financial crimes by all levels of government. ``(5) All other goals, objectives, and strategies.--A complete list of goals, objectives, and priorities for reducing financial crimes in addition to the goals and objectives described in paragraphs (1) and (2). ``(6) Private sector initiatives; intergovernmental cooperation.--A description of private sector initiatives, cooperative efforts between the Federal Government and State and local governments, and cooperative efforts among the several States and between State and local governments for financial crimes control which could be utilized or should be encouraged. ``(7) Project and budget priorities.--A 3-year projection for program and budget priorities and achievable projects for reductions in financial crimes. ``(8) Assessment of funding.--A complete assessment of how the proposed budget is intended to implement the strategy and whether the funding levels contained in the proposed budget are sufficient to implement the strategy. ``(9) Designated areas.--A description of geographical areas designated as `high-intensity financial crime areas' in accordance with section 3. ``(10) Improved communications systems.--A plan for improving the compatibility of automated information and information systems to provide the Federal Government and State and local governments with timely, accurate, and complete information. ``(c) Consultations.--In developing the national strategy for combating financial crimes, the Secretary shall consult with-- ``(1) Department of the Treasury law enforcement organizations; ``(2) the Attorney General and the Director of the Federal Bureau of Investigation; ``(3) Members of Congress; ``(4) State and local officials, including State and local prosecutors; and ``(5) private citizens with experience and expertise in the field of financial crimes law enforcement. ``(d) Submission of Reports by Secretary.-- ``(1) Report on consultations.--At the time the President transmits the national strategy on combating financial crimes, the Secretary shall submit a report indicating the persons consulted by the director pursuant to subsection (c). ``(2) Effectiveness report.--At the time each national strategy for combating financial crimes is transmitted by the President to the Congress (other than the 1st transmission of any such strategy) pursuant to subsection (a), the Secretary shall submit a report containing a complete evaluation of the effectiveness of policies to combat financial crimes. ``SEC. 972. HIGH-INTENSITY FINANCIAL CRIME AREAS. ``(a) Designation of Areas.--The Secretary, in consultation with the heads of the Department of the Treasury law enforcement organizations, the Attorney General, the Director of the Federal Bureau of Investigation, the Governors of the several States, and other State and local officials and after taking into consideration the factors specified in subsection (b), may designate any geographical area of the United States as a `high-intensity financial crime area'. ``(b) Factors.--In considering the designation of any area as a high-intensity financial crime area, the Secretary shall take into account the following factors: ``(1) The population of the area and the demographics of the population. ``(2) The number of bank transactions which originate in such area or involve institutions located in such area. ``(3) The number of electronic funds transfers which originate in such area or involve institutions located in such area. ``(4) The number of stock or commodities transactions which originate in such area or involve institutions located in such area. ``(5) The number of requests for information which are made to the financial crimes enforcement network and which originate from such area or involve institutions or businesses located in such area or residents of such area. ``(6) Whether the area is a key transportation hub with any international ports or airports or an extensive highway system. ``(7) Whether the area is an international center for banking or commerce. ``(8) The extent to which the area is a center of financial crimes. ``(9) The extent to which financial crimes and financial crime-related activities in such area are having a harmful impact in other areas of the country. ``(10) The extent to which State and local governments and State and local law enforcement agencies have committed resources to respond to the financial crime problem in the area and the degree to which the commitment of such resources reflects a determination by such government and agencies to address the problem aggressively. ``(11) The extent to which a significant increase in the allocation of Federal resources to combat financial crimes in such area is necessary to provide an adequate State and local response to financial crimes and financial crime-related activities in such area. ``SEC. 974. DESIGNATION OF LEAD AGENCY. ``(a) In General.--The Secretary shall have the principal responsibility for carrying out the national strategy for combating financial crimes. ``(b) Coordination of Law Enforcement Activities.-- ``(1) Notice of major crime reduction activities.--The heads of the Department of the Treasury law enforcement organizations, the Attorney General, and the Director of the Federal Bureau of Investigation shall notify the Secretary, in writing, of any major financial crime reduction activity proposed to be carried out by the agency or organization of which such person is the head in an area designated as a high- intensity financial crime area. ``(2) Advance notice.--The notice required to be submitted under paragraph (1) shall be provided in advance of the initiation of the activity with respect to which such notice is submitted unless extenuating circumstances require otherwise. ``(3) Objection of secretary.--If the Secretary objects to the proposed activity for which the Secretary receives notice under paragraph (1), the Secretary shall notify the agency in writing of the basis for the Secretary's objection. ``(c) Federal Responses Authorized.--With respect to any area designated under section 3(a) as a high-intensity financial crime area, the Secretary may take the following initiatives: ``(1) Develop a plan for the redistribution or the temporary reassignment of the personnel and physical resources of the Department of the Treasury law enforcement organizations, the Department of Justice (including the offices of the United States Attorneys, the Federal Bureau of Investigation, and, when appropriate, the United States Marshals Service), and any other Federal law enforcement organization the President determines to be appropriate in order to more effectively combat financial crimes in such area and make recommendations to the head of each such agency or department for such redistribution or temporary reassignment. ``(2) Recommend increases in Federal assistance which the Secretary determines is necessary to combat financial crimes in such areas. ``(3) Establish joint cooperative efforts, and coordinate enforcement activities, between Federal law enforcement agencies and State and local law enforcement agencies with respect to financial crimes in such area. ``SEC. 975. GRANTS FOR FIGHTING FINANCIAL CRIMES. ``(a) Program Authorized.--The Secretary is authorized to provide grants to any consortium consisting of 3 or more State or local law enforcement agencies and prosecutors to provide funding necessary to investigate and prosecute financial crimes in high-intensity financial crime areas. ``(b) Authorization.--There are authorized to be appropriated such sums as may be necessary for fiscal years beginning after fiscal year 1996 to carry out this section. ``SEC. 976. BUDGETS FOR LAW ENFORCEMENT ACTIVITIES RELATING TO FINANCIAL CRIMES. ``Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ```(h) The Director of the Office of Management and Budget shall establish the funding for law enforcement activities with respect to financial crimes for each applicable department or agency as a separate object class in each budget annually submitted to the Congress under this section.'. ``SEC. 977. DEFINITIONS. ``For purposes of this subtitle, the following definitions shall apply: ``(1) Department of the treasury law enforcement organizations.--The term `Department of the Treasury law enforcement organizations' has the meaning given to such term in section 9703(p) of title 31, United States Code. ``(2) Financial crime.--The term `financial crime' means an offense under section 1956 of title 18, United States Code, or section 5324 of title 31 of such Code, and any related Federal, State, or local criminal offense. ``(3) Secretary.--The term `Secretary' means the Secretary of the Treasury.''. (b) Report and Recommendations.--Before January 1, 1997, the Secretary shall submit a report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the effectiveness of and the need for the designation of areas, under section 972 of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (as added by subsection (a) of this section), as high-intensity financial crime areas, together with such recommendations for legislation as the Secretary may determine to be appropriate to carry out the purposes of such section. | National Financial Crimes Strategy Act of 1996 - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to prescribe guidelines under which: (1) the President, acting through the Secretary of the Treasury (the Secretary), shall develop and submit to the Congress a national strategy for combating financial crimes; and (2) the Secretary is authorized to designate any geographical area of the United States as a "high-intensity financial crime area." Confers principal responsibility upon the Secretary for implementing the national strategy for combating financial crimes. Authorizes the Secretary to provide grants to any consortium of three or more State or local law enforcement agencies and prosecutors in order to provide the necessary funding for investigation and prosecution. Amends Federal monetary law to require the Director of the Office of Management and Budget to establish the funding for financial crime law enforcement activities for each applicable department or agency as a separate object class in each annual budget. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act of 2017''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Definitions.--In this section-- ``(1) the term `law requiring parental involvement in a minor's abortion decision' means a law in force in the State in which a minor resides that-- ``(A) requires, before an abortion is performed on the minor-- ``(i) notification to, or consent of, a parent of the minor; or ``(ii) judicial authorization from a State court; and ``(B) does not provide as an alternative to the requirements described in subparagraph (A)-- ``(i) notification to, or consent of, an individual who is not a parent of the minor; or ``(ii) authorization from an entity that is not a State court; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``(b) Offense.-- ``(1) Generally.--Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides. ``(c) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of the minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(d) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization, that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides, took place. ``(e) Civil Action.--Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b). ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest ``Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion. | Child Custody Protection Act of 2017 This bill amends the federal criminal code to make it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill also prohibits and imposes criminal penalties on an individual who commits incest with a minor and knowingly transports the minor across a state line to receive an abortion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Competitiveness and Innovation Strategy Act of 2010''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The United States has not undertaken a national economic competitiveness strategy since 1978. (2) Major economic competitors of the United States are engaged in nationally coordinated efforts to improve their own competitiveness. (3) The world economy is at a turning point in the face of economic challenges, energy constraints, infrastructure, and manufacturing sector changes. (4) The United States needs to position itself to take advantage of the turning point described in paragraph (3) to ensure the continued economic success of the United States for the next 50 years. (b) Sense of Congress.--It is the sense of Congress that the United States should engage the private sector in order to maximize Government efforts to improve national competitiveness and further innovation within specific economic sectors in order to reassert leadership in key sectors and to improve the quality of, and increase the quantity of, high-value jobs in the United States. SEC. 3. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE CAPACITY OF UNITED STATES AND DEVELOPMENT OF NATIONAL ECONOMIC COMPETITIVENESS STRATEGY. (a) Study.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall complete a comprehensive study of the economic competitiveness and innovative capacity of the United States. (2) Matters covered.--The study required by paragraph (1) shall include the following: (A) An analysis of the United States economy and innovation infrastructure. (B) An assessment of the following: (i) The current competitive and innovation performance of the United States economy relative to other countries that compete economically with the United States. (ii) Economic competitiveness and domestic innovation in the current business climate, including tax and Federal regulatory policy. (iii) The business climate of the United States and those of other countries that compete economically with the United States. (iv) Regional issues that influence the economic competitiveness and innovation capacity of the United States, including-- (I) the roles of State and local governments and institutions of higher education; and (II) regional factors that contribute positively to innovation. (v) The effectiveness of the Federal Government in supporting and promoting economic competitiveness and innovation, including any duplicative efforts of, or gaps in coverage between, Federal agencies and departments. (vi) Barriers to competitiveness in newly emerging business or technology sectors, factors influencing underperforming economic sectors, unique issues facing small and medium enterprises, and barriers to the development and evolution of start-ups, firms, and industries. (vii) The effects of domestic and international trade policy on the competitiveness of the United States and the United States economy. (viii) United States export promotion and export finance programs relative to export promotion and export finance programs of other countries that compete economically with the United States, including Canada, France, Germany, Italy, Japan, Korea, and the United Kingdom, with noting of export promotion and export finance programs carried out by such countries that are not analogous to any programs carried out by the United States. (ix) The effectiveness of current policies and programs affecting exports, including an assessment of Federal trade restrictions and State and Federal export promotion activities. (x) The effectiveness of the Federal Government and federally funded research and development centers in supporting and promoting technology commercialization and technology transfer. (xi) Domestic and international intellectual property policies and practices. (xii) Manufacturing capacity, logistics, and supply chain dynamics of major export sectors, including access to a skilled workforce, physical infrastructure, and broadband network infrastructure. (xiii) Federal and State policies relating to science, technology, and education and other relevant Federal and State policies designed to promote commercial innovation, including immigration policies. (C) Development of recommendations on the following: (i) How the United States should invest in human capital. (ii) How the United States should facilitate entrepreneurship and innovation. (iii) How best to develop opportunities for locally and regionally driven innovation by providing Federal support. (iv) How best to strengthen the economic infrastructure and industrial base of the United States. (v) How to improve the international competitiveness of the United States. (3) Consultation.-- (A) In general.--The study required by paragraph (1) shall be conducted in consultation with the National Economic Council of the Office of Policy Development, such Federal agencies as the Secretary considers appropriate, and the Innovation Advisory Board established under subparagraph (B). The Secretary shall also establish a process for obtaining comments from the public. (B) Innovation advisory board.-- (i) In general.--The Secretary shall establish an Innovation Advisory Board for purposes of obtaining advice with respect to the conduct of the study required by paragraph (1). (ii) Composition.--The Advisory Board established under clause (i) shall be comprised of 15 members, appointed by the Secretary-- (I) who shall represent all major industry sectors; (II) a majority of whom should be from private industry, including large and small firms, representing advanced technology sectors and more traditional sectors that use technology; and (III) who may include economic or innovation policy experts, State and local government officials active in technology-based economic development, and representatives from higher education. (iii) Exemption from faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board established under clause (i). (b) Strategy.-- (1) In general.--Not later than 1 year after the completion of the study required by subsection (a), the Secretary shall develop, based on the study required by subsection (a)(1), a national 10-year strategy to strengthen the innovative and competitive capacity of the Federal Government, State and local governments, United States institutions of higher education, and the private sector of the United States. (2) Elements.--The strategy required by paragraph (1) shall include the following: (A) Actions to be taken by individual Federal agencies and departments to improve competitiveness. (B) Proposed legislative actions for consideration by Congress. (C) Annual goals and milestones for the 10-year period of the strategy. (D) A plan for monitoring the progress of the Federal Government with respect to improving conditions for innovation and the competitiveness of the United States. (c) Report.-- (1) In general.--Upon the completion of the strategy required by subsection (b), the Secretary of Commerce shall submit to Congress and the President a report on the study conducted under subsection (a) and the strategy developed under subsection (b). (2) Elements.--The report required by paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the study conducted under subsection (a). (B) The strategy required by subsection (b). | National Competitiveness and Innovation Strategy Act of 2010 - Directs the Secretary of Commerce to complete a comprehensive study of the economic competitiveness and innovative capacity of the United States. Requires the Secretary to establish: (1) a process for obtaining public comments; and (2) an Innovation Advisory Board to advise the Secretary with respect to the conduct of the study. Directs the Secretary to develop, based on the study, a national 10-year strategy for strengthening the innovative and competitive capacity of the federal government, state and local governments, institutions of higher education, and the private sector. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Standards and Technology Authorization Act of 2002''. TITLE I--FISCAL YEARS 2003-2005 AUTHORIZATION OF APPROPRIATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (a) Scientific and Technical Research Services.--There are authorized to be appropriated to the Secretary of Commerce for the Scientific and Technical Research Services activities of National Institute of Standards and Technology: (1) for the Measurement Standards Laboratories $336,443,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 and 2005. (2) for the Malcolm Baldrige National Quality Program $5,282,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 and 2005. (b) Industrial Technology Services.--There are authorized to be appropriated to the Secretary of Commerce for the Industrial Technology Services activities of National Institute of Standards and Technology: (1) for the Advanced Technology Program $185,353,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 and 2005, of which, for each fiscal year, no less than $60,700,000 shall be obligated for new awards. (2) for the Manufacturing Extension Partnership Program $106,623,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 and 2005. (c) Construction of Research Facilities.--There are authorized to be appropriated to the Secretary of Commerce for the Construction of Research Facilities activities of $63,750,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 and 2005. TITLE II--TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS SEC. 201. RESEARCH FELLOWSHIPS. Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended by striking ``up to 1 per centum of the'' in the first sentence. SEC. 202. BALDRIGE NATIONAL QUALITY PROGRAM. (a) Establishment of Program.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by-- (1) redesignating sections 23 through 32 as sections 24 through 33, respectively; and (2) inserting after section 22 the following: ``SEC. 23. ESTABLISHMENT OF THE BALDRIGE NATIONAL QUALITY PROGRAM. ``The Baldrige National Quality Program is established within the Institute. The purpose is to administer the Malcolm Baldrige National Quality Award and to perform research and outreach activities to assist other quality and performance improvement efforts. The Baldrige National Quality Program shall serve as a mechanism by which companies in the United States, universities, other interested parties, and the Institute can work together to advance quality and performance management programs and to share and develop, as appropriate, best practices and strategies for enhancing organizational performance.''. (b) Award Limit.--Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(3)) is amended to read as follows: ``(3) Not more than five awards may be made within any subcategory in any year. No award shall be made within any category or subcategory if there are no qualifying enterprises in that category or subcategory.''. (c) Category.--Section 17(c)(1)(C) of the Stevenson-Wydler Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(1)) is amended to read as follows: ``(C) Companies and not-for-profit organizations that primarily provide service.''. SEC. 203. ADVANCED TECHNOLOGY PROGRAM. (a) University Leadership of Joint Ventures.--So much of paragraph (1) of subsection (b) of section 29 of the National Institute of Standards and Technology Act, as redesignated by section 202 of this Act (formerly 15 U.S.C. 278n(b)(1)) as precedes subparagraph (A) is amended to read as follows: ``(1) aid United States joint research and development ventures led by industry, or by institutions of higher education or other non-profit independent research organizations, but which shall, in any event, include at least two separately-owned, for-profit companies each of which participates substantially in the joint ventures (hereafter in this section referred to as `joint ventures'), including those involving collaborative technology demonstration projects which develop and test prototype equipment and processes, through-- ''. (b) Intellectual Property.-- (1) In general.--So much of paragraph (11) of subsection (d) of section 29 of such Act, as so redesignated, as precedes subparagraph (B) is amended to read as follows: ``(11)(A) Title to any intellectual property arising from assistance provided under this section may vest in any company, non-profit independent research organization or institution of higher education, incorporated or organized in the United States, as agreed by the members of a joint venture, or for awards made to a single company, by the individual awardee, receiving funding under any particular award made under this section, notwithstanding sections 202(a) and (b) of title 35, United States Code. The United States may reserve a nonexclusive, nontransferable, irrevocable paid- up license, to have practiced for or on behalf of the United States, any such intellectual property, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a company, non-profit independent research organization, or institution of higher education, incorporated or organized in the United States, until the expiration of the first patent obtained in connection with such intellectual property.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date of enactment of this Act and shall apply to any Advanced Technology Program award made on or after that date. (c) Ensuring Scientific Basis of Projects.--Subsection (d) of section 29 of such Act, as so redesignated, is amended-- (1) by redesignating paragraphs (1) through (11) as paragraphs (2) through (12); and (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) No contract or award may be made for any project unless such project may remove a scientific or technological barrier to product development.''. (d) Industry and Peer Review.--Subsection (g) of section 29 of such Act, as so redesignated, is amended to read as follows: ``(g) Industry and Peer Review of Proposals; Standard of Review.-- ``(1) In order to analyze the need for or the value of joint ventures and other research projects in specific technical fields, to evaluate any proposal made by a joint venture or company requesting the Secretary's assistance, or to monitor the progress of any joint venture or any company research project which receives Federal funds under the Program, the Secretary, the Under Secretary of Commerce for Technology, and the Director may, notwithstanding any other provision of law, meet with, or enter into contracts with, such industry or other expert sources as they consider useful and appropriate. ``(2) The Director shall conduct a study of, and thereafter monitor, whether the industry and other expert sources being utilized under paragraph (1) could benefit from advice and information from additional non-governmental sources without a proprietary or financial interest in proposals being evaluated in order to better assess whether specific innovations to be pursued are being adequately supported by the private sector.''. (e) Institution of Higher Education Defined.--Subsection (j) of section 29 of such Act, as so redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a));''. (f) Miscellaneous.--Section 29 of such Act, as so redesignated, is amended by adding at the end the following: ``(l) Vesting Title to Equipment.--The Secretary, acting through the Director, may vest title to tangible personal property in any eligible recipient under this section if-- ``(1) the property is purchased with funds provided under this section; and ``(2) the Secretary, acting through the Director, determines that the vesting of such property furthers the objectives of the Institute; and then the recipient shall have no further obligation to the United States Government with regard to equipment disposition. ``(m) No Cost Time Extension.--Notwithstanding subsections (b)(1)(B)(ii) and (d)(4), the Director may grant extensions beyond the deadlines established under those subsections for joint venture and single company awardees to expend Federal funds to complete their projects, if such extension may be granted with no additional cost to the Federal Government and it is in the interest of the Federal Government to do so. ``(n) Selecting Official.-- ``(1) In general.--The Selecting Official designated under part 295 of title 15, Code of Federal Regulations, shall be an employee of the Institute who is not a political appointee. The decision of the Selecting Official shall be final and shall not be influenced by any political appointee of the Institute or of the Department of Commerce. ``(2) Definition of political appointee.-- For purposes of this subsection, the term `political appointee' means any individual who-- ``(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or ``(C) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. SEC. 204. MANUFACTURING EXTENSION PARTNERSHIP. Section 26 of the National Institute of Standards and Technology Act, as redesignated by section 202 of this Act (formerly 15 U.S.C. 278k), is amended by adding at the end the following: ``(e) Nongovernmental Organizations.--Notwithstanding any other provision of law, when entering into procurement contracts or financial assistance agreements for the purpose of carrying out collective research and development initiatives pertaining to paragraph (a) of this section, the Secretary may limit eligibility to non-profit organizations. The Secretary may seek and accept contributions from public and private sources to support these efforts as necessary.''. SEC. 205. FINANCIAL AGREEMENTS. (a) Clarification.--Section 2(b)(4) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended by inserting ``and grants and cooperative agreements,'' after ``arrangements,''. (b) Memberships.--Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (21); (2) by redesignating paragraph (22) as paragraph (23); and (3) by inserting after paragraph (21) the following: ``(22) notwithstanding subsection (b)(4) of this section, the Grants and Cooperative Agreements Act (31 U.S.C. 6301- 6308), the Competition in Contracting Act (31 U.S.C. 3551- 3556), and the Federal Acquisition Regulations set forth in title 48, Code of Federal Regulations, to expend appropriated funds for National Institute of Standards and Technology memberships in scientific organizations, registration fees for attendance at conferences, and sponsorship of conferences in furtherance of technology transfer; and''. SEC. 206. WORKING CAPITAL FUND. Section 12 of the National Institute of Standards and Development Act (15 U.S.C. 278b) is amended by adding at the end the following: ``(g) Amount and Source of Transfers.--Not to exceed one-quarter per centum of the amounts appropriated to the Institute for any fiscal year may be transferred to the fund, in addition to any other transfer authority. In addition, funds provided to the Institute from other Federal agencies for the purpose of production of Standard Reference Materials may be transferred to the fund.''. SEC. 207. OUTDATED SPECIFICATIONS. (a) Redefinition of Metric System.--The Metric System Act of 1866 (15 U.S.C. 205; 14 Stat. 339, 340) is amended by striking the text of section 2 and inserting the following: ``The metric system of measurement shall be defined as the International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Commerce.''. (b) Repeal of Redundant and Obsolete Authority.--The Act of July 21, 1950, entitled, ``An Act To redefine the units and establish the standards of electrical and photometric measurements of 1950'' (15 U.S.C. 223, 224) is hereby repealed. (c) Standard Time.--The first section of the Act of March 19, 1918, (15 U.S.C 261; commonly known as the Calder Act) is amended-- (1) by inserting ``(a) In General.--'' before ``For the purpose''; (2) by striking the second sentence and the extra period after it and inserting ``Except as provided in section 3(a) of the Uniform Time Act of 1966, the standard time of the first zone shall be Coordinated Universal Time retarded by 4 hours; that of the second zone retarded by 5 hours; that of the third zone retarded by 6 hours; that of the fourth zone retarded by 7 hours; that of the fifth zone retarded 8 hours; that of the sixth zone retarded by 9 hours; that of the seventh zone retarded by 10 hours; that of the eighth zone retarded by 11 hours; and that of the ninth zone shall be Coordinated Universal Time advanced by 10 hours.''; and (3) adding at the end the following: ``(b) Coordinated Universal Time Defined.--In this section, the term `Coordinated Universal Time' means the time scale maintained through the General Conference of Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce.''. SEC. 208. RETENTION OF DEPRECIATION SURCHARGE. Section 14 of the National Institute of Standards and Technology Act (15 U.S.C. 278d) is amended-- (1) by inserting ``(a) In General.--'' before ``Within''; and (2) adding at the end the following: ``(b) Retention of Fees.--The Director is authorized to retain all building use and depreciation surcharge fees collected pursuant to OMB Circular A-25. Such fees shall be collected and credited to the Construction of Research Facilities Appropriation Account for use in maintenance and repair of National Institute of Standards and Technology's existing facilities.''. SEC. 209. NON-ENERGY INVENTIONS PROGRAM. Section 28 of the National Institute of Standards and Technology Act, as redesignated by section 202 of this Act (formerly 15 U.S.C. 278m), is repealed. | National Institute of Standards and Technology Authorization Act of 2002 - Authorizes appropriations to the Secretary of Commerce for: (1) Scientific and Technical Research Services activities of the National Institute of Standards and Technology (NIST) for the Measurement Standards Laboratories and the Malcomb Baldrige National Quality Program; and (2) Industrial Technology Services activities of NIST for the Advanced Technology Program and the Manufacturing Extension Partnership Program; and (3) Construction of Research Facilities activities.Amends the National Institute of Standards and Technology Act to remove the one percent limit on NIST funds the Director of NIST is authorized to expend for awards of research fellowships and other financial assistance to students.Establishes the Baldrige National Quality Program within NIST to administer the Malcolm Baldrige National Quality Award and to perform research and outreach activities to assist quality and performance improvement efforts. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) increase the number of Malcolm awards; and (2) include not-for-profit organizations as qualifying organizations.Modifies NIST Act provisions regarding the Advanced Technology Program, including by authorizing: (1) the Secretary to aid U.S. joint research and development (R&D) ventures led by institutions of higher education or other nonprofit research organizations; and (2) the Secretary, the Under Secretary of Commerce for Technology, and the Director to enter into contracts with experts to analyze the need for or value of joint ventures in specific technical fields.Authorizes: (1) the Secretary, when entering into procurement contracts or financial assistance agreements to carry out collective R&D initiatives, to limit eligibility to nonprofit organizations; and (2) the Director to retain building use and depreciation surcharge fees for maintenance and repair of NIST facilities.Repeals provisions requiring the Director to establish a non-energy inventions program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to clarify and codify the preparedness and response authority of the National Urban Search and Rescue Response System for Federal response to structural collapses resulting from acts of terrorism and other incidents as determined by the Secretary. SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 522. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) In General.--There is in the Department an emergency response system to be known as the `National Urban Search and Rescue Response System' (referred to in this section as the `System'). Through the System, the Secretary shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to structural collapses resulting from acts of terrorism and other incidents that the Secretary determines are appropriate. ``(b) Administration of System.--The Secretary shall administer the System as follows: ``(1) The Secretary shall select and designate task forces to participate in the System. The Secretary shall determine the criteria for such participation. ``(2) The Secretary shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System. ``(3) A task force may include States, local governments, private non-profit organizations, and for-profit entities as participating agencies, at the discretion of the sponsoring agency of the task force. The sponsoring agency may also, in its discretion, allow the task force to include individuals not otherwise associated with the sponsoring agency or a participating agency in the task force. ``(4) The Secretary shall maintain such management and other technical teams as the Secretary determines are necessary to administer the System. ``(c) Preparedness Cooperative Agreements.--Subject to the availability of appropriations for such purpose, the Secretary shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(1) Training and exercises with other Federal, State, and local government response entities. ``(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(3) Medical monitoring required for responder safety, security, and health. ``(d) Response Cooperative Agreements.--The Secretary shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Secretary agrees to reimburse the sponsoring agency for costs incurred in responding to an incident described in subsection (a). ``(e) Appointment Into Federal Service.-- ``(1) In general.--In addition to the exercise of any other authorities under this section, the Secretary may appoint a System member for exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Agency without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(2) Employment status.--Regardless of any other employment status, a System member who is appointed into Federal service pursuant to this subsection is deemed an employee of a Federal agency for all purposes except-- ``(A) subchapter III of chapter 83 of title 5, United States Code, pertaining to labor grievances, appeal and review, or any applicable retirement system; ``(B) chapter 87 of title 5, United States Code, pertaining to life insurance; and ``(C) chapter 89 of title 5, United States Code, pertaining to health insurance, or other applicable health benefits system unless the System member's appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. ``(3) Compensation.--During a period of appointment into Federal service pursuant to this subsection-- ``(A) the Secretary shall reimburse, through the sponsoring agency, the System member's pay and the employer contribution to any State or local government retirement, life insurance, or health benefit plans on behalf of the System member. A System member shall not be entitled to pay directly from the Agency; and ``(B) the Secretary shall reimburse, through the sponsoring agency, the pay and employer contribution to any State or local government retirement, life insurance, or health benefit plans of an employee who fills the position normally filled by a System member appointed into Federal service pursuant to this subsection to the extent that those costs are in excess of the costs that would have been incurred had the System member not been appointed into Federal service. ``(4) Personal injury, illness, disability, or death.-- ``(A) In general.--A System member who is appointed into Federal service pursuant to this subsection and who suffers personal injury, illness, disability, or death as a result of personal injury sustained while in the performance of the member's duty during the appointment into Federal service shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of such title) who had sustained the injury in the performance of duty. ``(B) Election of benefits.--When a System member (or, in the case of the death of the System member, the System member's dependent) is entitled by reason of injury, illness, disability, or death to benefits under subchapter I of chapter 81 of title 5, United States Code, and is also entitled to benefits from a State or local government for the same injury, illness, disability, or death, the System member (or such dependent) shall elect which benefits the System member will receive. The election shall be made not later than 1 year after the injury, illness, disability or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. ``(C) Reimbursement for state or local benefits.-- In the event that a System member elects benefits from a State or local government under subparagraph (B), the Secretary may reimburse that State or local government for the value of those benefits. ``(5) Liability.--A System member appointed into Federal service pursuant to this subsection is deemed an employee of the Agency for the purposes of the Federal Tort Claims Act and any other Federal third party liability statute. ``(6) Employment and reemployment rights.--The following apply with respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency during periods of appointment to Federal service pursuant to this subsection: ``(A) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in chapter 43 of title 38, United States Code. ``(B) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Secretary. ``(C) Subject to the availability of appropriations, the Secretary may recognize employer support of the deployment of National Urban Search and Rescue Response System members, and their cooperation to allow System members to receive authorized training. ``(f) Licenses and Permits.--If a System member who is appointed into Federal service under this subsection holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, that System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance. ``(g) Advisory Subcommittee.-- ``(1) In general.--The Secretary shall establish and maintain an advisory subcommittee of the National Advisory Council established under section 508 to provide expert recommendations to the Secretary in order to assist the Secretary in administering the System. ``(2) Composition.--The advisory subcommittee shall be composed of members from geographically diverse areas, and shall include-- ``(A) the chief officer or senior executive from at least three sponsoring agencies; ``(B) the senior emergency manager from at least two States that have sponsoring agencies; and ``(C) at least one representative recommended by the leaders of the task forces. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2008 through 2012, $52,000,000 for the National Urban Search and Rescue Response System. Of any amount made available pursuant to this subsection, not less than 80 percent of such amount shall be provided equally to each of the task forces to be used for preparedness activities. ``(i) Definitions.--In this section: ``(1) The term `participating agency' means a State or local government, non-profit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(2) The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Secretary to participate in the System. ``(3) The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team. ``(4) The term `task force' means an urban search and rescue team designated by the Secretary to participate in the System.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by inserting ``; and'' after the semicolon; and (C) by adding at the end the following new subparagraph: ``(F) an individual who is a System member of the National Urban Search and Rescue Response System, when appointed into Federal service pursuant to section 522(f) of the Homeland Security Act of 2002.''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13), by adding at the end the following: ``Such service also includes any authorized exercises, pre-incident staging, or major disaster, emergency response, or training events sponsored or sanctioned by the Department of Homeland Security and carried out by the National Urban Search and Rescue Response System under section 522 of the Homeland Security Act of 2002.''. (B) in paragraph (16), by inserting after ``Public Health Service,'' the following: ``, System members of the National Urban Search and Rescue Response System when engaged in any authorized exercise, pre-incident staging, activation, or major disaster, emergency response, or training event sponsored or sanctioned by the Federal Emergency Management Agency,''. | National Urban Search and Rescue Response System Act of 2007 - Amends the Homeland Security Act of 2002 to codify provisions establishing in the Department of Homeland Security (DHS) the National Urban Search and Rescue Response System, under which the Secretary of Homeland Security shall provide for a national network of standardized search and rescue resources to assist state and local governments in responding to structural collapses resulting from terrorist acts and other incidents. Directs the Secretary to: (1) select and designate task forces to participate in the System and determine criteria for participation; (2) enter into an agreement with the sponsoring agency of each task force regarding participation; and (3) maintain such management and technical teams as the Secretary deems necessary. Authorizes a task force to include states, local governments, private nonprofit organizations, and for-profit entities. Directs the Secretary (subject to specified limitations) to enter into, with each sponsoring agency: (1) an annual preparedness cooperative agreement; and (2) a response cooperative agreement, under which the Secretary agrees to reimburse agency costs incurred in responding to incidents. Authorizes the Secretary to appoint a System member for sponsored or sanctioned exercises, pre-incident staging, or major disaster, emergency response, or training events. Sets forth provisions regarding: (1) appointment into federal service, including employment status, compensation, treatment as an employee in the event of personal injury, illness, disability, or death, liability, and employment and re-employment rights; and (2) licenses and permits. Directs the Secretary to establish and maintain an advisory subcommittee of the National Advisory Council. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Assistance with the Paperwork from Excessive Regulations Act of 2012''. SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY SMALL BUSINESS CONCERNS. Section 3506 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), is amended by adding at the end the following: ``(j) Suspension of Fines for Certain Small Business Concerns.-- ``(1) Small business concern.--In this subsection, the term `small business concern' given that term under section 3 of the Small Business Act (15 U.S.C. 632). ``(2) In general.--In the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency, the head of the agency shall not impose a civil fine on the small business concern unless the head of the agency determines that-- ``(A) the violation has the potential to cause serious harm to the public interest; ``(B) failure to impose a civil fine would impede or interfere with the detection of criminal activity; ``(C) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; ``(D) the violation was not corrected on or before the date that is 6 months after the date on which the small business concern receives notification of the violation in writing from the agency; or ``(E) except as provided in paragraph (3), the violation presents a danger to the public health or safety. ``(3) Danger to public health or safety.-- ``(A) In general.--In any case in which the head of an agency determines under paragraph (2)(E) that a violation presents a danger to the public health or safety, the head of the agency may, notwithstanding paragraph (2)(E), determine not to impose a civil fine on the small business concern if the violation is corrected not later than 5 business days after receipt by the owner of the small business concern of notification of the violation in writing. ``(B) Considerations.--In determining whether to allow a small business concern 5 business days to correct a violation under subparagraph (A), the head of an agency shall take into account all of the facts and circumstances regarding the violation, including-- ``(i) the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct; ``(ii) whether the small business concern has made a good faith effort to comply with applicable laws and to remedy the violation within the shortest practicable period of time; and ``(iii) whether the small business concern has obtained a significant economic benefit from the violation. ``(C) Notice to congress.--In any case in which the head of an agency imposes a civil fine on a small business concern for a violation that presents a danger to the public health or safety and does not allow the small business concern 5 business days to correct the violation under subparagraph (A), the head of the agency shall notify Congress regarding the determination not later than 60 days after the date on which the civil fine is imposed by the agency. ``(4) Limited to first-time violations.-- ``(A) In general.--This subsection shall not apply to any violation by a small business concern of a requirement regarding collection of information by an agency if the small business concern previously violated any requirement regarding collection of information by the agency. ``(B) Other agencies.--For purposes of making a determination under subparagraph (A), the head of an agency shall not take into account any violation of a requirement regarding collection of information by another agency.''. | Providing Assistance with the Paperwork from Excessive Regulations Act of 2012 - Amends the Paperwork Reduction Act to direct agency heads not to impose a civil fine for a first-time paperwork violation by a small business concern unless: (1) there is potential for serious harm to the public interest; (2) the detection of criminal activity would be impaired; (3) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; (4) the small business concern fails to correct such violation within six months after receiving notice of the violation; or (5) the violation presents a danger to the public health or safety. Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within five days after receipt by the small business concern of notification of the violation in writing. Makes this Act inapplicable to any violation by a small business concern of a requirement regarding the collection of information by an agency if the small business concern previously violated any requirement regarding the collection of information by that agency. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Against Infectious Diseases Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Alternative medical care facility.--The term ``alternative medical care facility'' means a site capable of meeting medical surge capacity needs. (2) Commissioned corps of the public health service.--The term ``Commissioned Corps of the Public Health Service'' means the Regular Corps and the Reserve Corps of the Public Health Service established under section 203 of the Public Health Service Act (42 U.S.C. 204). (3) Medical reserve corps.--The term ``Medical Reserve Corps'' means the Medical Reserve Corps established under section 2813 of the Public Health Service Act (42 U.S.C. 300hh- 15). (4) Medical surge.--The term ``medical surge'' means the response capabilities needed for increased demand of medical resources which surpass normal resource capacities or capabilities. (5) Metropolitan medical response system.--The term ``Metropolitan Medical Response System'' means the Metropolitan Medical Response System established under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723). (6) Subsistence supplies.--The term ``subsistence supplies'' means the food, water, medicine, and sanitation products necessary for subsistence of disaster population and pets. (7) Social distancing.--The term ``social distancing'' means community infection control measures comprised of a variety of non-pharmaceutical strategies designed to limit the transmission of pandemic influenza and other highly infectious diseases and thus permit additional time until sufficient supplies of vaccines, antivirals, or other applicable medical countermeasures become available to support a mass response effort. SEC. 3. STATE AND LOCAL GOVERNMENT INCLUSION IN PLANNING. (a) In General.--Not later than 30 days after the date of enactment of this Act, the President, or the designee of the President, shall convene a consortium of representatives of State, local, and tribal governments, including representatives of State, local, and tribal intergovernmental and health organizations, to assess the adequacy of guidance for State and local government planning in the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan. (b) Update of the Strategy and Plan.--Not later than 1 year after the convening of the consortium described under subsection (a), and every 4 years thereafter, the President, or the designee of the President, shall convene another consortium with representatives described under that subsection to review and update the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan. SEC. 4. SURVEY OF ALTERNATIVE MEDICAL CARE FACILITIES. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, shall conduct a survey to identify appropriate alternative medical care facilities, including academic, military, and private sector venues for the prophylaxis for, and treatment of, infectious diseases outbreaks. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report on the survey conducted under subsection (a) to the appropriate committees of the Senate and House of Representatives. SEC. 5. ACQUISITION AND DISTRIBUTION OF SUBSISTENCE SUPPLIES. The Secretary of Homeland Security shall identify the specific resources, including subsistence supplies and personnel, that may be required to support the implementation of strategies for social distancing and medical surge during a federally declared emergency or major disaster to prevent the introduction, transmission, and spread of communicable disease and ensure the proper delivery of crisis and medical care. SEC. 6. FEDERAL PREPAREDNESS FOR INFECTIOUS DISEASE OUTBREAKS AND BIOLOGICAL ATTACKS. Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall submit a report to the appropriate committees of the Senate and House of Representatives that describes the roles and responsibilities, capabilities, and coordination of Federal assets for medical response to infectious disease outbreaks or biological attacks, including those roles, responsibilities, and capabilities relating to-- (1) the Office of Health Affairs of the Department of Homeland Security; (2) the Metropolitan Medical Response System of the Department of Homeland Security; (3) the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services; (4) the Medical Reserve Corps; (5) the Commissioned Corps of the Public Health Service; and (6) the National Disaster Medical System. | Defense Against Infectious Diseases Act of 2009 - Directs the President: (1) to convene a consortium of representatives of state, local, and tribal governments to assess the adequacy of guidance for state and local government planning in the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan; and (2) within one year after convening such consortium and every four years thereafter, to convene another consortium to review and update such Strategy and Plan. Requires the Secretary of Health and Human Services (HHS), in coordination with the Secretary of Homeland Security (DHS), to conduct a survey to identify appropriate alternative medical care facilities capable of meeting medical surge capacity needs for the prophylaxis for, and treatment of, infectious diseases outbreaks. Directs the Secretary of DHS to identify specific resources, including subsistence supplies and personnel, that may be required to support the implementation of strategies for social distancing and medical surge during a federally declared emergency or major disaster to prevent the introduction, transmission, and spread of communicable disease and ensure the proper delivery of crisis and medical care. Requires the Government Accountability Office (GAO) to report to the appropriate Senate and House committees describing the roles and responsibilities, capabilities, and coordination of federal assets for medical response to infectious disease outbreaks or biological attacks. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Addiction Treatment Act of 2000''. SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) in paragraph (2), by striking ``(A) security'' and inserting ``(i) security'', and by striking ``(B) the maintenance'' and inserting ``(ii) the maintenance''; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) by inserting ``(1)'' after ``(g)''; (4) by striking ``Practitioners who dispense'' and inserting ``Except as provided in paragraph (2), practitioners who dispense''; and (5) by adding at the end the following paragraph: ``(2)(A) Subject to subparagraphs (D) and (J), the requirements of paragraph (1) are waived in the case of the dispensing (including the prescribing), by a practitioner, of narcotic drugs in schedule III, IV, or V or combinations of such drugs if the practitioner meets the conditions specified in subparagraph (B) and the narcotic drugs or combinations of such drugs meet the conditions specified in subparagraph (C). ``(B) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to a practitioner are that, before the initial dispensing of narcotic drugs in schedule III, IV, or V or combinations of such drugs to patients for maintenance or detoxification treatment, the practitioner submit to the Secretary a notification of the intent of the practitioner to begin dispensing the drugs or combinations for such purpose, and that the notification contain the following certifications by the practitioner: ``(i) The practitioner is a qualifying physician (as defined in subparagraph (G)). ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services. ``(iii) In any case in which the practitioner is not in a group practice, the total number of such patients of the practitioner at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, except that the Secretary may by regulation change such total number. ``(iv) In any case in which the practitioner is in a group practice, the total number of such patients of the group practice at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, except that the Secretary may by regulation change such total number, and the Secretary for such purposes may by regulation establish different categories on the basis of the number of practitioners in a group practice and establish for the various categories different numerical limitations on the number of such patients that the group practice may have. ``(C) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to narcotic drugs in schedule III, IV, or V or combinations of such drugs are as follows: ``(i) The drugs or combinations of drugs have, under the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, been approved for use in maintenance or detoxification treatment. ``(ii) The drugs or combinations of drugs have not been the subject of an adverse determination. For purposes of this clause, an adverse determination is a determination published in the Federal Register and made by the Secretary, after consultation with the Attorney General, that the use of the drugs or combinations of drugs for maintenance or detoxification treatment requires additional standards respecting the qualifications of practitioners to provide such treatment, or requires standards respecting the quantities of the drugs that may be provided for unsupervised use. ``(D)(i) A waiver under subparagraph (A) with respect to a practitioner is not in effect unless (in addition to conditions under subparagraphs (B) and (C)) the following conditions are met: ``(I) The notification under subparagraph (B) is in writing and states the name of the practitioner. ``(II) The notification identifies the registration issued for the practitioner pursuant to subsection (f). ``(III) If the practitioner is a member of a group practice, the notification states the names of the other practitioners in the practice and identifies the registrations issued for the other practitioners pursuant to subsection (f). ``(ii) Upon receiving a notification under subparagraph (B), the Attorney General shall assign the practitioner involved an identification number under this paragraph for inclusion with the registration issued for the practitioner pursuant to subsection (f). The identification number so assigned clause shall be appropriate to preserve the confidentiality of patients for whom the practitioner has dispensed narcotic drugs under a waiver under subparagraph (A). ``(iii) Not later than 45 days after the date on which the Secretary receives a notification under subparagraph (B), the Secretary shall make a determination of whether the practitioner involved meets all requirements for a waiver under subparagraph (B). If the Secretary fails to make such determination by the end of the such 45-day period, the Attorney General shall assign the physician an identification number described in clause (ii) at the end of such period. ``(E)(i) If a practitioner is not registered under paragraph (1) and, in violation of the conditions specified in subparagraphs (B) through (D), dispenses narcotic drugs in schedule III, IV, or V or combinations of such drugs for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section 304(a)(4), consider the practitioner to have committed an act that renders the registration of the practitioner pursuant to subsection (f) to be inconsistent with the public interest. ``(ii)(I) A practitioner who in good faith submits a notification under subparagraph (B) and reasonably believes that the conditions specified in subparagraphs (B) through (D) have been met shall, in dispensing narcotic drugs in schedule III, IV, or V or combinations of such drugs for maintenance treatment or detoxification treatment, be considered to have a waiver under subparagraph (A) until notified otherwise by the Secretary. ``(II) For purposes of subclause (I), the publication in the Federal Register of an adverse determination by the Secretary pursuant to subparagraph (C)(ii) shall (with respect to the narcotic drug or combination involved) be considered to be a notification provided by the Secretary to practitioners, effective upon the expiration of the 30-day period beginning on the date on which the adverse determination is so published. ``(F)(i) With respect to the dispensing of narcotic drugs in schedule III, IV, or V or combinations of such drugs to patients for maintenance or detoxification treatment, a practitioner may, in his or her discretion, dispense such drugs or combinations for such treatment under a registration under paragraph (1) or a waiver under subparagraph (A) (subject to meeting the applicable conditions). ``(ii) This paragraph may not be construed as having any legal effect on the conditions for obtaining a registration under paragraph (1), including with respect to the number of patients who may be served under such a registration. ``(G) For purposes of this paragraph: ``(i) The term `group practice' has the meaning given such term in section 1877(h)(4) of the Social Security Act. ``(ii) The term `qualifying physician' means a physician who is licensed under State law and who meets one or more of the following conditions: ``(I) The physician holds a subspecialty board certification in addiction psychiatry from the American Board of Medical Specialties. ``(II) The physician holds an addiction certification from the American Society of Addiction Medicine. ``(III) The physician holds a subspecialty board certification in addiction medicine from the American Osteopathic Association. ``(IV) The physician has, with respect to the treatment and management of opiate-dependent patients, completed not less than eight hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. ``(V) The physician has participated as an investigator in one or more clinical trials leading to the approval of a narcotic drug in schedule III, IV, or V for maintenance or detoxification treatment, as demonstrated by a statement submitted to the Secretary by the sponsor of such approved drug. ``(VI) The physician has such other training or experience as the State medical licensing board (of the State in which the physician will provide maintenance or detoxification treatment) considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. ``(VII) The physician has such other training or experience as the Secretary considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. Any criteria of the Secretary under this subclause shall be established by regulation. Any such criteria are effective only for 3 years after the date on which the criteria are promulgated, but may be extended for such additional discrete 3-year periods as the Secretary considers appropriate for purposes of this subclause. Such an extension of criteria may only be effectuated through a statement published in the Federal Register by the Secretary during the 30-day period preceding the end of the 3-year period involved. ``(H)(i) In consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Center for Substance Abuse Treatment, the Director of the National Institute on Drug Abuse, and the Commissioner of Food and Drugs, the Secretary shall issue regulations (through notice and comment rulemaking) or issue practice guidelines to address the following: ``(I) Approval of additional credentialing bodies and the responsibilities of additional credentialing bodies. ``(II) Additional exemptions from the requirements of this paragraph and any regulations under this paragraph. Nothing in such regulations or practice guidelines may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided. ``(ii) Not later than 120 days after the date of the enactment of the Drug Addiction Treatment Act of 2000, the Secretary shall issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. The Secretary shall develop the protocol in consultation with the Director of the National Institute on Drug Abuse, the Director of the Center for Substance Abuse Treatment, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, and other substance abuse disorder professionals. The protocol shall be guided by science. ``(I) During the 3-year period beginning on the date of the enactment of the Drug Addiction Treatment Act of 2000, a State may not preclude a practitioner from dispensing or prescribing drugs in schedule III, IV, or V, or combinations of such drugs, to patients for maintenance of detoxification treatment in accordance with this paragraph unless, before the expiration of that 3-year period, the State enacts a law prohibiting a practitioner from dispensing such drugs or combinations of drug. ``(J)(i) This paragraph takes effect on the date of the enactment of the Drug Addiction Treatment Act of 2000, and remains in effect thereafter except as provided in clause (iii) (relating to a decision by the Secretary or the Attorney General that this paragraph should not remain in effect). ``(ii) For purposes relating to clause (iii), the Secretary and the Attorney General may, during the 3-year period beginning on the date of the enactment of the Drug Addiction Treatment Act of 2000, make determinations in accordance with the following: ``(I) The Secretary may make a determination of whether treatments provided under waivers under subparagraph (A) have been effective forms of maintenance treatment and detoxification treatment in clinical settings; may make a determination of whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and may make a determination of whether such waivers have adverse consequences for the public health. ``(II) The Attorney General may make a determination of the extent to which there have been violations of the numerical limitations established under subparagraph (B) for the number of individuals to whom a practitioner may provide treatment; may make a determination of whether waivers under subparagraph (A) have increased (relative to the beginning of such period) the extent to which narcotic drugs in schedule III, IV, or V or combinations of such drugs are being dispensed or possessed in violation of this Act; and may make a determination of whether such waivers have adverse consequences for the public health. ``(iii) If, before the expiration of the period specified in clause (ii), the Secretary or the Attorney General publishes in the Federal Register a decision, made on the basis of determinations under such clause, that this paragraph should not remain in effect, this paragraph ceases to be in effect 60 days after the date on which the decision is so published. The Secretary shall in making any such decision consult with the Attorney General, and shall in publishing the decision in the Federal Register include any comments received from the Attorney General for inclusion in the publication. The Attorney General shall in making any such decision consult with the Secretary, and shall in publishing the decision in the Federal Register include any comments received from the Secretary for inclusion in the publication.''. (b) Conforming Amendments.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a), in the matter after and below paragraph (5), by striking ``section 303(g)'' each place such term appears and inserting ``section 303(g)(1)''; and (2) in subsection (d), by striking ``section 303(g)'' and inserting ``section 303(g)(1)''. SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING DEPARTMENT OF HEALTH AND HUMAN SERVICES. For the purpose of assisting the Secretary of Health and Human Services with the additional duties established for the Secretary pursuant to the amendments made by section 2, there are authorized to be appropriated, in addition to other authorizations of appropriations that are available for such purpose, such sums as may be necessary for fiscal year 2000 and each subsequent fiscal year. Passed the House of Representatives July 19, 2000. Attest: JEFF TRANDAHL, Clerk. | Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is a "qualifying physician" (defined to mean a physician who is licensed under State law and meets specified training and experience requirements), and has the capacity to refer the patients for appropriate counseling and other appropriate ancillary; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).Sets forth specified procedural requirements to make the waiver effective. Directs the Attorney General, upon receiving a notification under this Act, to assign the practitioner involved an identification number for inclusion with the registration issued for the practitioner. Requires that the identification number be appropriate to preserve the confidentiality of patients for whom the practitioner has dispensed narcotic drugs under the waiver. Directs: (1) the Secretary, within 45 days after receiving a notification, to make a determination of whether the practitioner involved meets all waiver requirements; and (2) the Attorney General, if the Secretary fails to make such determination by the end of such period, to assign the physician an identification number.Requires the Secretary, in consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Center for Substance Abuse Treatment, the Director of the National Institute on Drug Abuse, and the Commissioner of Food and Drugs (consulted parties), to issue regulations or practice guidelines to address: (1) approval of additional credentialing bodies and their responsibilities; and (2) additional exemptions. Specifies that nothing in such regulations or guidelines may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided.Directs the Secretary: (1) to issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients; and (2) to develop the protocol in consultation with the consulted parties and other substance abuse disorder professionals, with the protocol guided by science.Prohibits a State, for three years, from precluding a practitioner from dispensing or prescribing drugs in schedule III-V to patients for maintenance of detoxification treatment unless the State enacts a law prohibiting a practitioner from dispensing such drugs.Authorizes the Secretary and the Attorney General, for three years, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary or the Attorney General, after consulting each other, to terminate the waiver mechanism after announcing their decision in the Federal Register. Authorizes appropriations to assist the Secretary with the additional duties established for the Secretary pursuant to this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2010''. SEC. 2. FINDINGS. The Congress finds that-- (1) more than half of all people of the United States, 153 million people, currently live on or near a coast and an additional 12 million are expected in the next decade; (2) coastal counties in the United States average 300 persons per square mile, compared with the national average of 98; (3) on a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population; (4) much of the 95,000 miles of United States shoreline does not have current, accurate maps and geospatial information; (5) the lack of current and accurate remote sensing and geospatial data on United States coasts, harbors, and ports results in an environmental, infrastructure, economic, and homeland security vulnerability for the Nation; (6) the Federal Government can and should play an important role in the development and demonstration of innovative remote sensing and other geospatial techniques to improve the management of the coast of the United States, comprehensive emergency preparedness and response in the event of a tsunami, storm surges, and oil spills as well as for homeland security; (7) highly accurate, high resolution remote sensing and other geospatial data, including elevation data, play an important role in management of the coastal zone, including flood prediction capabilities; risk, vulnerability, and hazard assessments; emergency response plans; permitting and zoning decisionmaking; and landscape change detection; as well as port security and other homeland security applications; (8) the full range of applications of remote sensing and other forms of geospatial information to meet national requirements has not been adequately explored or exploited; and (9) the National Oceanic and Atmospheric Administration, in coordination with other agencies, can play a unique role in demonstrating how commercial remote sensing and other private sector geospatial capabilities can be applied to assist State, local, regional, and tribal agencies in emergency preparedness, emergency response, homeland security, infrastructure management, environmental decisionmaking, and other applications in such areas as agriculture, weather forecasting, and forest management. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``digital coast'' means a constituent-driven effort led by the National Oceanic and Atmospheric Administration to provide an enabling platform that integrates geospatial data, decision support tools, training, and case studies to address coastal and emergency management issues; (2) the term ``remote sensing and other geospatial'' mean collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services; (3) the term ``Secretary'' means the Secretary of Commerce, acting through the Director of the Coastal Services Center of the National Oceanic and Atmospheric Administration; and (4) the term ``State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within 100 kilometers of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. SEC. 4. COASTAL SERVICES CENTERS. (a) Establishment.--The Secretary may establish coastal services centers as may be needed to facilitate products and services to address the needs of local, State, and regional entities involved with coastal and ocean decisionmaking including those State coastal management and research reserves benefitting from this Act. (b) Purpose.--The purpose of the coastal services centers shall be to-- (1) support the environmental, social, and economic well being of the coast by linking people, information, and technology; (2) collaborate with various branches of the National Oceanic and Atmospheric Administration, other Federal agencies, and nongovernmental entities to bring data, information, services, and tools to the Nation's coastal and ocean decisionmakers; and (3) identify and address region-specific needs and increase capabilities to address them at the local, State, and regional levels. (c) Financial Agreements.--To carry out the responsibilities of this Act, including to provide program support to non-Federal entities that participate in implementing this Act, the Secretary may enter into financial agreements including, but not limited to, grants, cooperative agreements, interagency agreements, and contracts with other Federal, tribal, State and local governmental and nongovernmental entities. SEC. 5. REMOTE SENSING AND OTHER GEOSPATIAL DATA LAYERS. (a) In General.--The projects carried out by the Secretary pursuant to section 4 shall collect and integrate other available coastal data with-- (1) shallow bathymetric data; (2) airborne elevation data; (3) large-scale land use and land cover maps; (4) benthic habitat and aquatic vegetation mapping; (5) parcel data; (6) planimetric data; and (7) socioeconomic and human use data. (b) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data sharing and integration and minimize duplication by-- (1) coordinating activities when appropriate, with-- (A) other Federal efforts, including the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.); (B) coastal States and United States territories; (C) local governments; and (D) representatives of nongovernmental entities; (2) participating, pursuant to section 216 of Public Law 107-347 (44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; (3) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order No. 12906; and (4) providing for the utilization of contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to collect remote sensing and other geospatial data; which contracts shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $100,000,000 for each of the fiscal years 2011 through 2016 to carry out this Act. | Digital Coast Act of 2010 - Defines "digital coast" as a constituent-driven platform provided by the National Oceanic and Atmospheric Administration (NOAA) to integrate geospatial data and address coastal and emergency management issues. Authorizes the Secretary of Commerce, acting through the Director of Coastal Services Center of the NOAA, to establish coastal service centers to address the needs of local, state, and regional entities involved with coastal and ocean decisionmaking. Declares that such centers shall: (1) link people, information, and technology to support the environmental, social, and economic well-being of the coast; (2) collaborate with branches of NOAA and other federal and nongovernmental entities to bring data, information, services, and tools to coastal and ocean decisionmakers; and (3) address region-specific needs at local, state, and regional levels. Authorizes the Secretary to enter financial agreements to carry out this Act. Requires such projects to collect and integrate coastal data with specified data sources, surveys, and mappings. Requires the Secretary to coordinate activities with NOAA, state and local governments, the private sector, and federal efforts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon National Forest Administrative Site Disposal Act''. SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LANDS, OREGON. (a) Conveyance Authority.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') may sell or exchange, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following National Forest System lands and improvements thereon located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette National Forests in the State of Oregon: (1) Tract ror-a.--Star Gulch Complex, Jacksonville, Oregon, consisting of approximately 2.25 acres in the north half of section 28, township 39 south, range 3 west, Willamette meridian, and containing the Star Gulch complex buildings of the Applegate Ranger District. (2) Tract ror-b.--Butte Falls Houses, Butte Falls, Oregon, consisting of approximately 0.50 acres in the S1/2NE1/4 of section 10, township 35 south, range 2 east, Willamette meridian, and containing those Forest lands in the Butte Falls Ranger District associated with Butte Falls Houses. (3) Tract sis-a.--Old Agness Guard Station, Agness, Oregon, consisting of approximately 2.5 acres in the SE1/4, NE1/4, Lot 14, of section 7, township 35 south, range 11 west, Willamette meridian, and containing those Forest lands in the Gold Beach Ranger District and associated administrative buildings at the Old Agness Guard Station. (4) Tract sis-b.--Chetco Ranger District Housing Complex, Brookings, Oregon, consisting of approximately 1.5 acres in the SW1/4, Block 29, of section 5, township 41 south, range 13 west, Willamette meridian, and containing the Chetco Ranger District and the associated housing complex. (5) Tract sis-c.--Daycare center on Wallace Street in Gold Beach, Oregon, consisting of approximately 0.25 acres. (6) Tract sis-d.--Powers South Work Center, Powers, Oregon, consisting of approximately 1.59 acres in the east 1/2 of section 13, township 31 south, range 12 west, Willamette meridian, and containing the South Compound site and associated administrative buildings. (7) Tract siu-b.--Gardiner Administrative Site, Gardiner, Oregon, consisting of approximately 3.4 acres in the NW1/4NE1/4 of section 22, township 21 south, range 12 west, Willamette meridian, and containing the Gardiner Administrative Site and the associated administrative buildings. (8) Tract siu-c.--Waldport Administrative Site, Waldport, Oregon, consisting of approximately 6.65 acres in the SW1/4SW1/ 4 of section 19, township 13 south, range 11 west, and the SE1/ 4SE1/4 of section 24, township 13 south, range 12 west, Willamette meridian, and containing the Waldport Administrative Site and the associated administrative buildings. (9) Tract ump-a.--Roseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres in the NE\1/4\NW\1/4\ of section 20, township 27 south, range 5 west, Umpqua meridian. (10) Tract ump-b.--Roseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres in section 15, township 27 south, range 5 west, Umpqua meridian. (11) Tract ump-c.--Brown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres in the E\1/2\NW\1/4\ of section 19, township 26 south, range 3 west, Umpqua meridian. (12) Tract wil-a.--Blue River Administrative Site, Blue River, Oregon, consisting of approximately 31.91 acres in the SW1/4S1/2 of section 28, township 16 south, range 4 east, Willamette meridian, and containing the upper portion of the Blue River Ranger District Compound and the associated administrative buildings. (13) Tract wil-b.--Hemlock Houses, Westfir, Oregon, consisting of approximately 6 acres in section 12, township 21 south, range 2 east, Willamette meridian, and containing those lands in Lot 2 associated with the Hemlock Houses. (14) Tract wil-c.--Flat Creek Administrative Site, Oakridge, Oregon, consisting of approximately 45 acres in the NW1/4 of section 14, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings. (15) Tract wil-d.--Subject to section 3, Rigdon Administrative Site, Oakridge, Oregon, consisting of approximately 15 acres in the NE1/4NE1/4 of section 21, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings. (16) Tract wil-f.--Cascadia Administrative Site, Sweet Home, Oregon, consisting of approximately 15 acres in the SE1/4 of section 36, township 13 south, range 2 east, Willamette meridian, and containing the Cascadia Administrative Site and the associated administrative buildings. (17) Tract wil-o.--Willamette National Forest Warehouse Administrative Site, Eugene, Oregon, consisting of approximately 2.4 acres in the NW1/4SE1/4 of section 25, township 17 south, range 4 west, Willamette meridian, and containing the Willamette National Forest Warehouse Administrative Site and the associated administrative buildings. (18) Tract wil-p.--Westfir Residences, Westfir, Oregon, consisting of approximately 20 acres in the NW1/4SW1/4 of section 8, township 21 south, range 3 east, Willamette meridian, and containing those lands associated with the Westfir Residences of a community nature. (b) Maps and Correction Authority.--The lands described in subsection (a) (other than in paragraphs (9), (10), and (11) of such subsection) are depicted on maps entitled ``Oregon Land Dispositions'' and dated June 30, 2003. The lands described in paragraphs (9), (10), and (11) of such subsection, Tracts UMP-A, UMP-B, and UMP-C, are depicted on the map entitled ``Umpqua National Forest Land Dispositions'' and dated June 1, 2003. The maps shall be on file and available for public inspection in the office of the Chief of the Forest Service until such time as the lands are conveyed. The Secretary may make minor corrections to the maps and may modify the descriptions in subsection (a) to correct errors or to reconfigure the lands to facilitate their conveyance. (c) Consideration.-- (1) Authorized consideration.--Consideration for the conveyance of land described in subsection (a) may include cash, land, including land with improvements constructed to the specifications of the Secretary, or a combination thereof. (2) Conveyances to public entities.--The Secretary may convey, without consideration, to the State of Oregon or a local government for public purposes any or all right, title and interest of the United States in and to land described in subsection (a). The conveyance of land without consideration under this paragraph shall be subject to such terms, conditions, and restrictions as the Secretary considers appropriate, and the Secretary shall include in the deed of conveyance a right of the United States to reenter and take title to the land if the land is sold or conveyed to another party or is devoted to a use other than the use for which the land was conveyed. (3) Authorization of direct sale.--In the case of the land described in paragraph (17) of subsection (a), Tract WIL-O, the Secretary shall grant the Eugene Mission the right to acquire the land in a direct sale for market value. (d) Conveyance Methods.-- (1) In general.--The Secretary may convey land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines will be in the best interests of the United States. (2) Solicitations of offers.--The Secretary may solicit offers for the conveyance of land under subsection (a) on such terms and conditions as the Secretary considers appropriate. The Secretary may reject any offer if the Secretary determines that the offer is not adequate or not in the public interest. (3) Use of brokers.--The Secretary may use real estate brokers in the conveyance of lands under subsection (a), and may pay appropriate commissions commensurate with the prevailing rates in the area. (e) Valuation.--Any appraisal considered necessary by the Secretary to convey land described in subsection (a) shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (f) Cash Equalization Payments.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land conveyed by exchange under authority of subsection (a). (g) Deposit and Treatment of Proceeds.--The Secretary shall deposit the proceeds from the conveyance of the land described in subsection (a) in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). No portion of the proceeds may be paid or distributed to the State of Oregon or a county in the State under any provision of law, and the proceeds are not moneys received from the National Forest for any purpose. (h) Use of Deposited Funds.-- (1) Authorized uses.--Funds deposited pursuant to subsection (g) shall be available to the Secretary, without further appropriation and until expended, for the following purposes: (A) The acquisition of land and interests in land for inclusion in a unit of the National Forest System specified in subsection (a). (B) The payment or reimbursement of costs incurred by the Forest Service in processing and arranging conveyances under this section, including the payment of real estate broker commissions authorized under subsection (d). (C) The acquisition or construction of new facilities, or the rehabilitation of existing facilities, in a unit of the National Forest System specified in subsection (a). (2) Land acquisition.--The use of the land acquisition authority provided by paragraph (1)(A) is subject to the following conditions: (A) The amount available for expenditure in each unit of the National Forest System referred to in subsection (a) shall be equal to the amount derived from the conveyance of land described in such subsection in that unit, reduced by any costs incurred by the Forest Service in processing those conveyances. (B) Funds derived from conveyances under this section may be used for the acquisition of lands and interests in land in other units of the National Forest System in Oregon if the Regional Forester for Region 6 agrees to such use. (3) Administration of lands acquired by the united states.--Lands acquired by the Secretary under this subsection or acquired by exchange under this section shall be managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.), and other laws and regulations pertaining to the National Forest System. (i) Departmental Regulations.--The Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (j) Withdrawals and Revocations.-- (1) Public land orders.--Effective as of the date of the enactment of this Act, any public land orders applicable to the land described in subsection (a) are revoked with respect to that lands. (2) Withdrawal.--Subject to valid existing rights, land described in subsection (a) are withdrawn from location, entry, and patent under the mining laws of the United States. SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINISTRATIVE SITE, OAKRIDGE, OREGON, TRACT WIL-D. (a) Conveyance Required.--The Secretary of Agriculture shall convey, without consideration, to the City of Oakridge, Oregon (in the section referred to as the ``City)'', all right, title, and interest of the United States in and to the lower portion of the land described in section 2(a)(15), Tract WIL-D, for the purpose of facilitating the establishment of a timber museum on the conveyed land to be managed by the Upper Willamette Pioneer Association. (b) Legal Description.--The portion of Tract WIL-D to be conveyed to the City under this section is located generally west of Rigdon Drive, but the Secretary shall determine the exact acreage and description of the land to be conveyed. The conveyed land may not include the five residential properties on the upper portion of Tract WIL-D, generally located northeast of the intersection of Highway 58 and Rigdon Drive. (c) Condition of Conveyance.--As a condition of the conveyance under this section, the City and the Upper Willamette Pioneer Association shall agree to honor the life and contributions of Loran L. ``Stub'' Stewart with an appropriate display in the museum established on the conveyed property. SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE WILDERNESS, OREGON. (a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98-328; 98 Stat. 273; 16 U.S.C. 1132 note) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the map entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and dated May 6, 2003. The adjustment is more fully described as follows: (1) Beginning at township 30 south, range 3 east, Willamette base and meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked ``USDA FOREST SERVICE AP 927 2001''. (2) Thence north 63 deg.39'34'' east, 3700.00 feet to new Angle Point 927B. (3) Thence south 84 deg.20'00'' east, 360.00 feet to new Angle Point 927C. (4) Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1-1/2 inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked ``AP 928 1999''. (5) Thence north 23 deg.00'00'' west, 175.00 feet to new Angle Point 928A. (6) Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as ``A high point on a ridge'' in section 7, township 30 south, range 3 east, Willamette base and meridian, with an elevation of approximately 4150 feet. (b) Map.--The map referred to in subsection (a) shall be on file and available for public inspection in the office of the Chief of the Forest Service. The Secretary of Agriculture may correct technical errors in the map and legal description specified in subsection (a). | Oregon National Forest Administrative Site Disposal Act - Directs the Secretary of Agriculture to sell or exchange any or all right, title, and interest of the United States in and to specified National Forest System lands, and improvements on those lands, located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Williamette National Forests in Oregon. Allows the Secretary to convey, without consideration, any or all right, title, and interest of the United States in and to such land to the State of Oregon or a local government for public purposes. Grants the Eugene Mission the first right to acquire certain of such land in a direct sale for market value. Allows the Secretary to accept a cash equalization payment exceeding 25 percent of the value of any such land conveyed by exchange as directed above. Provides for the deposit and treatment of the proceeds from the conveyance of all such land. Describes the authorized uses of deposited funds. Revokes any public land orders applicable to such land. Withdraws such land from location, entry, and patent under the U.S. mining laws. Directs the Secretary to convey, without consideration, certain of such land to the city of Oakridge, Oregon, to facilitate the establishment of a timber museum on such land to be managed by the Upper Williamette Pioneer Association. Adjusts the the Rogue-Umpqua Divide wilderness boundary as identified on the "Rogue-Umpqua Divide Wilderness Boundary Modification" map, dated May 6, 2003. . |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Small Property and Casualty Insurance Company Equity Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. SMALL COMPANY DEDUCTION. (a) Section 832(c) is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(14) the small insurance company deduction allowed by subsection (h).'' (b) Section 832 is amended by adding at the end thereof the following new subsections: ``(h) Small Insurance Company Deduction.--In the case of taxable years beginning after December 31, 1997-- ``(1) In general.--There shall be allowed as a deduction for the taxable year 60 percent of so much of the tentative taxable income for such taxable year as does not exceed $3,000,000 (hereinafter in this section referred to as the `small insurance company deduction'). ``(2) Phaseout between $3,000,000 and $15,000,000.--The amount of the small insurance company deduction determined under paragraph (1) for any taxable year shall be reduced (but not below zero) by 15 percent of so much of the tentative taxable income for such taxable year as exceeds $3,000,000. ``(3) Small insurance company deduction not allowable to company with assets of $500,000,000 or more.-- ``(A) In general.--The small insurance company deduction shall not be allowed for any taxable year to any insurance company which, at the close of such taxable year, has assets equal to or greater than $500,000,000. ``(B) Assets.--For purposes of this paragraph, the term `assets' means all assets of the company. ``(C) Valuation of assets.--For purposes of this paragraph, the amount attributable to-- ``(i) real property and stock shall be the fair market value thereof, and ``(ii) any other asset shall be the adjusted basis of such asset for purposes of determining gain on sale or other disposition. ``(D) Special rule for interests in partnerships and trusts.--For purposes of this paragraph-- ``(i) an interest in a partnership or trust shall not be treated as an asset of the company, but ``(ii) the company shall be treated as actually owning its proportionate share of the assets held by the partnership or trust (as the case may be). ``(i) Tentative Taxable Income.--For purposes of subsection (h)-- ``(1) In general.--The term `tentative taxable income' means taxable income determined without regard to the small insurance company deduction. ``(2) Exclusion of items attributable to noninsurance businesses.--The amount of the tentative taxable income for any taxable year shall be determined without regard to all items attributable to noninsurance businesses. ``(3) Noninsurance businesses.-- ``(A) In general.--The term ``non-insurance business'' means any activity which is not an insurance business. ``(B) Certain activities treated as insurance businesses.--For purposes of subparagraph (A), any activity which is not an insurance business shall be treated as an insurance business if-- ``(i) it is of a type traditionally carried on by insurance companies for investment purposes, but only if the carrying on of such activity (other than in the case of real estate) does not constitute the active conduct of a trade or business, or ``(ii) it involves the performance of administrative services in connection with plans providing property or casualty insurance benefits. ``(C) Limitation of amount of loss from noninsurance business which may offset income from insurance business.--In computing the taxable income of any insurance company subject to tax imposed by section 831, any loss from a noninsurance business shall be limited under the principles of section 1503(c). ``(j) Special Rule for Controlled Groups.-- ``(1) Small insurance company deduction determined on controlled group basis.--For purposes of subsections (h) and (i)-- ``(A) all insurance companies which are members of the same controlled group shall be treated as 1 insurance company, and ``(B) any small insurance company deduction determined with respect to such group shall be allocated among the insurance companies which are members of such group in proportion to their respective tentative taxable incomes. ``(2) Noninsurance members included for asset test.--For purposes of subsection (h)(3), all members of the same controlled group (whether or not insurance companies) shall be treated as 1 company. ``(3) Controlled group.--For purposes of this subsection, the term `controlled group' means any controlled group of corporations (as defined in section 1563(a)); except that subsections (a)(4) and (b)(2)(D) of section 1563 shall not apply. ``(4) Adjustments to prevent excess detriment or benefit.-- Under regulations prescribed by the Secretary, proper adjustments shall be made in the application of this subsection to prevent any excess detriment or benefit (whether from year- to-year or otherwise) arising from the application of this subsection.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1997. | Small Property and Casualty Insurance Company Equity Act of 1997 - Amends the Internal Revenue Code to provide for a small insurance company (assets of less than $500 million) deduction (60 percent of tentative taxable income of $3 millon or less) from the insurance company tax. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Virginia Metrorail Extension Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Washington Metropolitan Area Transit Authority (Metro) maintains the second largest rail network in the Nation. (2) Local and State governments in the National Capital Region have led efforts to extend Metrorail service, and any future Metrorail extension will be provided only with their collaboration, consistent with local planning objectives. (3) In the most recent draft strategic plan, Momentum: The Next Generation of Metro, Metro identifies future expansion opportunities, including the Orange Line in Virginia from Vienna to Centreville and the Blue Line in Virginia from Franconia-Springfield to Prince William. (4) More than 120,000 Federal employees ride Metro to work, accounting for more than 40 percent of the morning rush-hour ridership. (5) More than half of Metro's current stations are located on Federal property. (6) The Federal Government has partnered with the State and local governments to provide $300 million, consisting of $150 million in Federal funds to match $50 million each from Virginia, Maryland, and the District of Columbia (Public Law 110-432), over a 10-year period for safety and other capital improvements throughout the Metro system. (7) Metro takes 580,000 cars off the road each day, eliminates the need for 1,400 lane miles of highway, reduces gas consumption by 75 million gallons annually, and eliminates more than 10,000 tons of greenhouse gas emissions annually. (8) Metrorail stations encourage transit-oriented development, which is critical to protecting open space throughout the region. (9) Metro stimulates economic and job growth, and real estate near Metrorail stations is worth in excess of $25 billion. (10) The Virginia Department of Transportation (VDOT) and the Virginia Department of Rail and Public Transit (VDRPT) completed a Major Investment Study that concluded that a multimodal transportation strategy is required to accommodate projected travel demand in Virginia along Interstate Route 66 from Interstate Route 495 to the Centreville and Haymarket communities, areas which would be served by the proposed Orange Line extension. (11) The Route 1 Multimodal Alternatives Analysis, a partnership between VDOT, VDRPT, and Fairfax and Prince William counties, in October 2014 endorsed recommendations for improving the corridor to include extending Metro's Yellow Line to Hybla Valley ``as expeditiously as possible''. (12) The population of the area to be served by the proposed Orange Line extension is expected to be 681,000 individuals by 2025, while employment in the area is projected to increase to 362,000 individuals. (13) The population of the area to be served by the proposed Blue and Yellow Line extensions grew by 120,000 people between 2000 and 2010, and continued growth of another 100,000 people is expected by 2020. (14) The Comprehensive Plans for both Fairfax and Prince William counties identify the need to develop alternative transit concepts, including an extension of the existing Metrorail lines. (15) As a result of military base realignments and closures, thousands of national defense-related Federal and civilian jobs will shift from the area of Crystal City, Virginia, which is served by Metrorail, to Fort Belvoir, Virginia, and the Engineer Proving Ground in southern Fairfax, neither of which is currently served by Metro. (16) Department of Defense analysis shows many of those employees are coming from points south and west. (17) Additional job growth along the Richmond Highway (Route 1) corridor and Interstate Route 95 in both Fairfax and Prince William counties, including communities like Mount Vernon, Woodbridge, and Potomac Mills, adds further urgency to the need to expand Metro service in Northern Virginia. (18) To ensure the regional transportation network can accommodate projected growth, it is critical that extensions of transit service are coordinated with local land use planning, including the use of smart growth principles and transit- oriented development. SEC. 3. NEW FIXED GUIDEWAY CAPITAL PROJECTS, NORTHERN VIRGINIA. The following projects are deemed to have entered the project development phase under section 5309(d)(1) of title 49, United States Code: (1) Northern Virginia--Extension of Metrorail Blue Line to include the Engineer Proving Ground and the Interstate Route 95 corridor in Fairfax and Prince William counties. (2) Northern Virginia--Extension of Metrorail Orange Line to Centreville. (3) Northern Virginia--Extension of Metrorail Yellow Line to the Richmond Highway (Route 1) corridor in Fairfax and Prince William counties. | Northern Virginia Metrorail Extension Act Authorizes project development for specified Metrorail new fixed guideway capital projects in Virginia. |
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Dolphin-Safe Fishing Act''. (b) References to Marine Mammal Protection Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The provisions of the Marine Mammal Protection Act of 1972 that impose a ban on imports from nations that fish for tuna in the eastern tropical Pacific Ocean and the provisions of that Act that prescribe the conditions under which tuna may be labeled as ``dolphin-safe'' have served as a powerful incentive to reduce the incidence of chasing and netting dolphins and the incidence of dolphin mortalities. (2) The American public has come to rely on the integrity of the dolphin-safe labeling regime, and that requirements of that regime have been an effective means of promoting dolphin conservation through education and market mechanisms. (3) In response to United States dolphin conservation efforts, in 1993 the Inter-American Tropical Tuna Commission initiated an international dolphin conservation program that has helped to significantly reduce dolphin mortalities and regulate the harvest of yellowfin tuna in the eastern tropical Pacific Ocean by vessels chasing and netting dolphins. (b) Purposes.--The purposes of this Act are the following: (1) To recognize that individual tuna fishermen fishing in the eastern tropical Pacific Ocean have made efforts to reduce, and in some cases eliminate, the practice of harvesting yellowfin tuna by chasing and netting dolphins. (2) To eliminate the ban on imports of dolphin-safe tuna harvested by vessels in the eastern tropical Pacific Ocean that are in compliance with the requirements of the Inter-American Tropical Tuna Commission and the Intergovernmental Agreement on the Conservation of Tunas and Dolphins in the Eastern Pacific Ocean, otherwise known as the ``La Jolla Agreement''. (3) To strengthen the effectiveness of the dolphin-safe label to ensure that the label is not being used on tuna products that contain tuna harvested on a voyage in which dolphins were chased and netted, killed, or seriously injured. (4) To encourage the contracting parties of the Inter- American Tropical Tuna Commission to adopt a program to-- (A) require that any sea turtles or other threatened species or endangered species harvested in the eastern tropical Pacific Ocean in the course of fishing for tuna be released when alive; (B) reduce the harvest of nontarget species in the yellowfin tuna fishery; and (C) eliminate, to the maximum extent possible, the mortality of nontarget species in the yellowfin tuna fishery. SEC. 3. AMENDMENTS TO TITLE I COMPARABILITY EMBARGO PROVISIONS. (a) Authorization of Importation.--Section 101(a) (16 U.S.C. 1371(a)) is amended-- (1) by striking so much of paragraph (2) as follows subparagraph (A) and as precedes subparagraph (C) and inserting the following: ``(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States-- ``(i) shall require that the government of exporting nation provide documentary evidence that-- ``(I) the tuna or products therefrom do not consist of or contain, respectively, tuna harvested on a voyage on which dolphins were chased, netted, killed, or seriously injured; ``(II) the tuna was harvested after the effective date of the Dolphin-Safe Fishing Act solely by a vessel that, at the time the tuna was harvested, was registered in a nation that is party to the Intergovernmental Agreement on the Conservation of Tunas and Dolphins in the Eastern Pacific Ocean (in this paragraph referred to as the `La Jolla Agreement'), and was operating in compliance with that agreement, except that in lieu of the mortalities specified in the agreement, dolphin mortalities shall not exceed the total observed 1996 mortality; and ``(III) such vessels have not had major fines or penalties recommended by the La Jolla Agreement's Intergovernmental Review Panel which were not paid or adjudicated within 6 months after the date of recommendation; and ``(ii) shall ban the importation of such tuna and products in a year from a country, unless the Secretary has certified-- ``(I) for importation in 1998, that the total observed dolphin mortality in 1997 in fishing operations in the Eastern Pacific Ocean by vessels registered in that country did not exceed the total observed dolphin mortality in 1996; ``(II) for importation in each year thereafter, that the total observed dolphin mortality in the preceding year in such fishing operations ensures that steady progress is being made by the Inter-American Tropical Tuna Commission to achieve the La Jolla Agreement's commitment and objective of progressively reducing observed dolphin mortality to levels approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality; and ``(III) that tuna fishing vessels registered in that county are not involved in any way in the transport of illegal drugs.''. (b) Acceptance of Evidence of Coverage.--Section 101 (16 U.S.C. 1371) is amended by adding at the end the following new subsection: ``(d) Acceptance of Documentary Evidence.--The Secretary shall not consider information provided for yellowfin tuna harvested by a vessel to be documentary evidence required by subsection (a)(2)(B)(i) if the government of the country in which the vessel is registered does not provide to the Secretary, or authorize the Inter-American Tropical Tuna Commission to provide to the Secretary, complete and accurate information necessary to allow the Secretary to determine whether or not the vessel is in compliance with the Intergovernmental Agreement on the Conservation of Tunas and Dolphins in the Eastern Pacific Ocean.''. SEC. 4. AMENDMENTS TO TITLE III GLOBAL MORATORIUM PROVISIONS. (a) Findings.--Section 301(a)(4) (16 U.S.C. 1411(a)(4)) is amended to read as follows: ``(4) Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce, with the goal of eliminating, dolphin mortality in that fishery. Recognition that persons fishing in the eastern tropical Pacific Ocean have made efforts to reduce, and in some cases eliminate, the practice of harvesting yellowfin tuna by chasing and netting dolphins will assure that the existing trend of reduced dolphin mortality continues and will increase the likelihood that the practice of chasing and netting dolphins is eliminated.''. (b) Prohibitions.--Section 307 (16 U.S.C. 1417) is amended-- (1) in subsection (a)(2), by striking ``intentionally'' and all that follows through ``except--'' and inserting ``intentionally chase and net any dolphin in any tuna fishing operation, except--''; (2) by amending subsection (a)(3) to read as follows: ``(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under section 101(a)(2);''; and (3) in subsection (b)(2), by striking ``subsection (a)(6)'' and inserting ``subsection (a)(5) and (6)''. (c) Dolphin Safe Standard.--Section 307(d) (16 U.S.C. 1417(d)) is amended by striking paragraphs (2), (3), and (4) and inserting the following: ``(2) in the case of a tuna product that contains tuna referred to in paragraph (1)(B), (C), or (D) of section 901(d) of the Dolphin Protection Consumer Information Act, it is dolphin safe under, respectively, paragraph (2), (3), or (4) of that section; or ``(3) in the case of tuna referred to in paragraph (1)(B), (C), or (D) of section 901(d) of the Dolphin Protection Consumer Information Act, the export or offering for sale of a tuna product containing that tuna would not, by reason of the presence of the tuna in that product, be a violation under that section.''. SEC. 5. DOLPHIN SAFE LABELING STANDARDS. Section 901(d) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)) is amended to read as follows: ``(d) Labeling Standard.--(1) It is a violation of section 5 of the Federal Trade Commission Act for any producer, importer, exporter, distributor, or seller of any tuna product that is exported from or offered for sale in the United States to include on the label of that product the term `Dolphin Safe' or any other term or symbol that falsely claims or suggests that the tuna contained in the product was harvested using a method of fishing that is not harmful to dolphins, if-- ``(A) the tuna product contains tuna harvested on the high seas by a vessel engaged in driftnet fishing; ``(B) the tuna product contains tuna harvested in the eastern tropical Pacific Ocean by a vessel using purse seine nets, unless the tuna product is dolphin safe under paragraph (2); ``(C) the tuna product contains tuna harvested outside the eastern tropical Pacific Ocean by a fishing vessel using purse seine nets, unless the tuna product is dolphin safe under paragraph (3); or ``(D) the tuna product contains tuna harvested outside the eastern tropical Pacific Ocean by a fishing vessel not using purse seine nets while engaged in any fishery identified by the Secretary as having a regular and significant incidental mortality or serious injury of marine mammals, unless the tuna product is dolphin safe under paragraph (4). ``(2) For purposes of paragraph (1)(B), a tuna product that contains tuna referred to in that paragraph is dolphin safe if-- ``(A) the vessel is of a type and size that the Secretary has determined is not capable of chasing and netting, killing, or seriously injuring dolphins and cannot accommodate an observer on board during a tuna fishing voyage; or ``(B)(i) the product is accompanied by a written statement executed by the captain of the vessel which harvested the tuna certifying that no dolphins were netted, killed, or seriously injured on the voyage in which the tuna were harvested; ``(ii) the product is accompanied by a written statement executed by-- ``(I) the Secretary or the Secretary's designee, or ``(II) a representative of the Inter-American Tropical Tuna Commission, which states that there was an approved observer on board the vessel during the entire voyage and that no dolphins were chased and netted, killed, or seriously injured on the voyage in which the tuna was harvested; and ``(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter, importer, and processor of the product. ``(3) For purposes of paragraph (1)(C), a tuna product that contains tuna referred to in that paragraph is dolphin safe if-- ``(A) it is accompanied by a written statement executed by the captain of the vessel certifying that no dolphins were chased and netted, killed, or seriously injured during the particular voyage on which the tuna was harvested; or ``(B) in the case of a tuna product that contains tuna harvested in a fishery in which the Secretary has determined that a regular and significant association occurs between marine mammals and tuna, it is accompanied by a written statement executed by the captain of the vessel and an observer, certifying that no dolphins were chased and netted, killed, or seriously injured on the particular voyage on which the tuna was harvested. ``(4) For the purposes of paragraph (1)(D), a tuna product that contains tuna referred to in that paragraph is dolphin safe if it is accompanied by a written statement executed by the captain of the vessel and, where determined to be practicable by the Secretary, an observer participating in a national or international program acceptable to the Secretary certifying that no marine mammals were killed or seriously injured in the course of the fishing operation or operations in which the tuna were caught. ``(5) The Secretary shall on a regular basis identify and publish a list of tuna fisheries that have a regular and significant incidental mortality or serious injury of marine mammals.''. SEC. 6. REDUCTION OF BYCATCH IN EASTERN TROPICAL PACIFIC OCEAN. The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 951 et seq.) is amended by adding at the end the following new section: ``reduction of bycatch in eastern tropical pacific ocean ``Sec. 13. The Secretary of State, acting through the Commissioners, shall immediately take the necessary actions to ensure that the Commission adopts a bycatch reduction program for those vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. Such program shall include, at a minimum-- ``(1) that all sea turtles and other threatened species and endangered species are released alive; ``(2) measures to reduce, to the maximum extent possible, the harvest of nontarget species; and ``(3) measures to eliminate, to the maximum extent possible, the mortality of nontarget species.''. SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS TO INTER-AMERICAN TROPICAL TUNA COMMISSION. (a) Sense of Congress.--It is the sense of the Congress that each nation participating in the International Dolphin Conservation Program should contribute an equitable amount for payment of the expenses of the Inter-American Tropical Tuna Commission, and that currently, the United States is paying an inequitable share of the Inter-American Tropical Tuna Commission's budget and expenses. (b) Determination of Amount.--In determining the amount to be paid by the United States as its contribution toward the expenses of the Inter-American Tropical Tuna Commission, the Secretary of State shall take into account the number of vessels participating in the eastern tropical Pacific Ocean yellowfin tuna fishery, the consumption within the United States of tuna and tuna products from the eastern tropical Pacific Ocean, and other relevant factors as determined by the Secretary. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon promulgation by the Secretary of Commerce implementing the provisions of this Act. | Dolphin-Safe Fishing Act - Amends the Marine Mammal Protection Act of 1972 to modify the requirements for the importation into the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific ocean. Makes it unlawful to: (1) intentionally chase and net any dolphin in any tuna fishing operation (currently, intentionally set a purse seine net on or to encircle any marine mammal during tuna fishing), subject to exception; or (2) import any fish or fish product in violation of an importation ban under provisions relating to the practices used on the voyage involved (currently, a ban under provisions relating to imports from a country that fails to implement certain tuna-harvesting commitments). Changes the circumstances in which tuna or a tuna product is dolphin safe and the circumstances in which, under the Federal Trade Commission Act, it may be so labeled. Amends the Atlantic Tunas Convention Act of 1975 to mandate actions to ensure adoption of a bycatch reduction program. Declares that it is the sense of the Congress that each nation participating in the International Dolphin Conservation Program should contribute an equitable amount to the expenses of the Inter-American Tropical Tuna Commission and that the United States is currently paying an inequitable share. Directs the Secretary of State, in determining the U.S. amount, to consider certain factors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Super Pollutants Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) short-lived climate pollutants account for 40 percent of global warming impacting the atmosphere, even though those pollutants account for a much smaller percentage of warming agents, by weight; (2) reducing short-lived climate pollutant emissions could-- (A) prevent more than 2,000,000 premature deaths each year, according to the United Nations Environment Programme (UNEP); (B) prevent more than 30,000,000 tons of crop losses each year, according to UNEP; (C) cut the rate of sea-level rise by 25 percent, according to the National Center for Atmospheric Research and the Scripps Institution of Oceanography; (D) cut the rate of warming by up to 0.6 degrees Celsius by 2050, according to UNEP; and (E) significantly contribute toward the overall global target of holding increased warming below 2 degrees Celsius; (3) the United States is-- (A) 1 of the largest consumers of hydrofluorocarbons in the world; and (B) providing significant innovation in the development of low global warming potential (low-GWP) alternatives; (4) the United States could serve as a leader and exemplar of responsibly phasing down hydrofluorocarbon production and consumption; (5)(A) the Montreal Protocol on Substances that Deplete the Ozone Layer has been an extraordinarily successful model for protecting the stratospheric ozone layer and achieving significant climate protection cobenefits; and (B) since that treaty was signed in 1987, there has been a 98-percent reduction in ozone-depleting substances; and (6) the interagency Strategy to Reduce Methane Emissions, released in March 2014, outlines a proactive agenda for reducing methane leakage and waste throughout the United States economy. SEC. 3. DEFINITIONS. In this Act: (1) Short-lived climate pollutant.--The term ``short-lived climate pollutant'' means-- (A) black carbon; (B) methane; and (C) high global warming potential hydrofluorocarbons (referred to in this Act as ``high- GWP HFC''). (2) Task force.--The term ``Task Force'' means the Interagency Task Force on Short-Lived Climate Pollutant Mitigation established under section 4(a). SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT MITIGATION. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the President shall establish a task force, to be known as the ``Interagency Task Force on Short-Lived Climate Pollutant Mitigation''. (b) Membership.--The members of the Task Force shall include the head of each relevant Federal department or agency (or a designee), including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and the United States Agency for International Development. (c) Duties.--The Task Force shall-- (1) not later than 180 days after the date of enactment of this Act, submit to the appropriate congressional committees a report that includes-- (A) the plans of the relevant departments or agencies for meeting the goals established in section 2 of Executive Order 13514 (October 5, 2009) (74 Fed. Reg. 52117) to reduce hydrofluorocarbons, methane, and related indirect emissions (including tropospheric ozone) by the Federal Government; and (B) specific plans of the relevant departments or agencies-- (i) to purchase cleaner alternatives to high-GWP HFC whenever feasible; and (ii) to transition over time to equipment that uses safer and more sustainable alternatives to high-GWP HFC; (2) review the policy recommendations made by-- (A) the Interagency Climate Change Adaptation Task Force; (B) the Interagency Strategy to Reduce Methane Emissions; (C) the report to Congress regarding black carbon dated March 2012; and (D) the Council on Climate Preparedness and Resilience; (3) incorporate into the action plan of the Task Force any appropriate proposals or recommendations made by the entities or reports referred to in paragraph (2) that are relevant to short-lived climate pollutants; (4) identify relevant Federal programs that are or could be addressing the reduction of short-lived climate pollutants in the United States and worldwide; (5) identify overlapping and duplicative programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining; (6) identify gaps and serious deficiencies in United States programs targeted at short-lived climate pollutants, including those that can be achieved through a combination of assessment, scientific research, monitoring, and technological development activities, with an emphasis on industry standards and public- private partnerships; (7) in developing recommendations, consult with affected stakeholders in private industry; and (8) not later than 18 months after the date of enactment of this Act, submit to the appropriate congressional committees a report describing the findings and recommendations resulting from the activities described in paragraphs (2) through (7). SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. (a) Comprehensive Plan.-- (1) In general.--Through the membership of the United States in the International Maritime Organization, the Secretary of State, in consultation with the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions, based on appropriate emission data from oceangoing vessels provided on a voluntary basis, from international shipping through-- (A) a clean freight partnership; (B) the inclusion of limits on black carbon; and (C) efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities. (2) Roadmap.--A principal objective of the plan developed pursuant to paragraph (1) shall be the establishment, in coordination with the Department of Transportation, of a roadmap toward helping countries reduce fine-particle emissions (PM<INF>2.5</INF>) in the shipping sector through-- (A) the installation of advanced emissions controls; and (B) the reduction of sulfur content in fuels. (b) Black Carbon Emissions Reduction Goals.--Acting as chairperson of the Arctic Council, the Secretary of State shall-- (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal; and (2) encourage observers of the Arctic Council (including India and China) to adopt national black carbon emissions reduction goals and mitigation plans. (c) Climate and Clean Air Coalition.--Through the membership of the United States in the Climate and Clean Air Coalition to Reduce Short- Lived Climate Pollutants, the Secretary of State is encouraged-- (1) to work with the Coalition to craft specific financing mechanisms for the incremental cost of international black carbon mitigation activities; and (2) to request that the Coalition produce a report describing black carbon mitigation financing options. (d) Black Carbon Mitigation Activities.-- (1) Prioritization.--The Administrator of the United States Agency for International Development, in cooperation with the Administrator of the Environmental Protection Agency, shall-- (A) prioritize black carbon mitigation activities as part of official development assistance and programmatic activities; (B) give special emphasis to projects that produce substantial environmental, gender, livelihood, and public health benefits, including support for clean- burning cookstoves and fuels; and (C) work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions. (2) Emissions reductions.--The Secretary of State, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall provide additional aid to international efforts to reduce black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial processes by providing technical assistance-- (A) to help developing nations lower the sulfur content of diesel fuels; (B) to expand access to diesel particulate filters; (C) to provide vehicle manufacturers with low- emission engine designs; and (D) to develop other mitigation activities, including energy efficiency alternatives for generators and industrial processes. SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES. (a) Sense of Congress.-- (1) Actions by environmental protection agency.--It is the sense of Congress that the Administrator of the Environmental Protection Agency should-- (A) amend any regulations issued under section 608 of the Clean Air Act (42 U.S.C. 7671g)-- (i) to include hydrofluorocarbons; and (ii) to expand initiatives relating to the recovery and reclamation of hydrofluorocarbons; (B) cooperate with the Secretary of Energy in considering modifications to the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) to include refrigerant systems that-- (i) achieve best-in-class energy efficiency savings; and (ii) use low global warming potential refrigerants and foam-blowing agents; and (C) remove high-GWP HFC from the Significant New Alternatives Policy Program authorized under section 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for applications in which the Administrator has identified other alternatives that-- (i) are currently or potentially available; (ii) reduce the overall risk to human health and the environment; and (iii) take into consideration cost- effectiveness. (2) Sense of senate.--It is the sense of the Senate that United States leadership and full support of an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987, should ensure a smooth, technically feasible global transition away from high- GWP HFC. (b) Study on High-GWP HFC Alternatives.--Not later than 2 years after the date of enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency, in collaboration with the National Institute of Standards and Technology, shall-- (1) evaluate the availability of high-GWP HFC alternatives; and (2) submit to Congress a report that-- (A) identifies-- (i) the standards or regulatory barriers that are preventing the use of alternatives to high-GWP HFC in the United States that are in widespread use in other countries; (ii) any standards or regulations requiring revision; and (iii) any actions necessary to revise those standards or regulations; and (B) establishes a plan for revising the standards referred to in paragraph (1) in the shortest practicable timeframe. (c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.-- (1) In general.--Section 605 of the Clean Air Act (42 U.S.C. 7671d) is amended by adding at the end the following: ``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1 year after the date of enactment of the Super Pollutants Act of 2015, it shall be unlawful for any person to manufacture any uncharged hydrochlorofluorocarbon-22 air conditioning condensing equipment for residential use.''. (2) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations-- (A) to carry out the amendment made by paragraph (1); and (B) to reduce the allocation of HCFC-22 consumption allowances commensurate with anticipated decreased demand resulting from the prohibition of uncharged condensing equipment under subsection (e) of section 605 of the Clean Air Act (42 U.S.C. 7671d) (as added by paragraph (1)). (d) R-134a Automotive Air Conditioning Recharge Kits.-- (1) Study.--The Administrator of the Environmental Protection Agency shall conduct a study to determine the most effective method to minimize the inadvertent release of HFC- 134a from automotive air conditioning recharge kits at any time during which the recharge container is not being used. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains the results of the study conducted pursuant to paragraph (1). SEC. 7. REDUCTION OF METHANE EMISSIONS. (a) Technical Guidance.--The Secretary of State, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce shall-- (1) provide to other countries technical guidance regarding containment of emissions from gas drilling, landfills, coal mining, and agriculture in engaging with other governments, including trade delegations, under the auspices of international initiatives, such as the Global Shale Gas Initiative of the Department of State and the Global Methane Initiative; and (2) collaborate with-- (A) the Global Gas Flaring Reduction Partnership of the World Bank; and (B) the Global Methane Initiative, Natural Gas STAR Program, the Climate and Clean Air Coalition Oil and Gas Methane Partnership, and other voluntary reduction programs of the Environmental Protection Agency. (b) GAO Report.-- (1) In general.--The Comptroller General of the United States shall conduct a study that identifies-- (A) the types of equipment throughout the production value chain that are most likely to have high leak rates; and (B) voluntary efforts on replacing or monitoring those types of equipment. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the results of the examination conducted pursuant to paragraph (1). (c) Sense of Congress Regarding Financing Conditions.--It is the sense of Congress that, in evaluating gas and oil-related projects for financial support, the heads of the United States Export-Import Bank and the Overseas Private Investment Corporation should condition financing for those projects on-- (1) the deployment of the best technology, methods, and management practices for detecting and repairing leaks of methane throughout the oil and gas production, processing, transportation, and distribution system; (2) the minimization of venting and inefficient or unnecessary flaring; and (3) the deployment of best technology, methods, and management practices for reducing emissions of other air pollution, especially-- (A) volatile organic compounds; and (B) hazardous air pollutants. | Super Pollutants Act of 2015 This bill requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation. The Task Force must report on federal agencies' plans for reducing those pollutants, including: (1) black carbon (soot emissions), (2) methane, and (3) hydrofluorocarbons with high global warming potential (high-GWP HFC). The Department of State must develop a comprehensive plan to reduce black carbon emissions from international shipping, which must include a roadmap toward helping countries reduce fine-particle emissions from shipping. While acting as chairperson of the Arctic Council, the Secretary of State must: (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal, and (2) encourage observers of that Council to adopt national black carbon emissions reduction goals and mitigation plans. The U.S. Agency for International Development (USAID) must: (1) prioritize black carbon mitigation activities as part of aid distribution activities; (2) give special emphasis to projects that produce substantial environmental, gender, livelihood, and public health benefits; and (3) work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions. The State Department must provide technical assistance to aid international efforts in reducing black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial processes. The Department of Energy (DOE) and the Environmental Protection Agency (EPA) must: (1) evaluate the availability of high-GWP HFC alternatives, and (2) report on a plan for revising regulatory barriers that prevent the use of those alternatives. The bill amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. The EPA must study and report on the most effective method to minimize the inadvertent release of HFC-134a from automotive air conditioning recharge kits when the recharge container is not being used. The State Department, DOE, the EPA, and the Department of Commerce must provide to other countries technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. The Government Accountability Office must identify: (1) the types of equipment throughout the production value chain that are most likely to have high leak rates, and (2) voluntary efforts on replacing or monitoring those types of equipment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Act of 2017''. SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS. (a) Program To Prohibit Possession of Firearms at Airports.-- Section 44903 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(o) Program To Prohibit Possession of Firearms at Airports.-- ``(1) Establishment.--The Administrator of the Transportation Security Administration shall establish and carry out a program to prohibit, except as provided in paragraph (3), any individual from possessing a firearm at a covered airport, including any individual who enters the airport, or who exits public transportation at the airport, for the following purposes: ``(A) Air travel. ``(B) Meeting another individual. ``(C) Picking up cargo. ``(D) Employment at the airport. ``(2) Requirements for airport operators.--In carrying out the program established under paragraph (1), the Administrator shall require each airport operator to-- ``(A) conspicuously display notices summarizing the program described in paragraph (1)-- ``(i) at each entrance to the airport; and ``(ii) in such form, and containing such information, as the Administrator shall by regulation prescribe; and ``(B) require law enforcement personnel to-- ``(i) monitor the airport to prevent violations of paragraph (1); and ``(ii) escort any individual described in paragraph (3)(B)(ii) who is discovered by such personnel to be in possession of a firearm described in paragraph (3)(B)(i), to ensure that such individual continues to be excepted from paragraph (1) by reason of being an individual described in paragraph (3)(B). ``(3) Exceptions.--The following individuals shall not be prohibited by paragraph (1) from possessing a firearm under such paragraph: ``(A) Individuals authorized to carry a firearm.-- An individual who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration to carry a firearm at the covered airport. ``(B) Travelers.--An individual who possesses a firearm, if-- ``(i) the firearm is unloaded, carried in a hard-sided container that is locked, and the key or combination to the lock is in the exclusive possession of the individual; and ``(ii) the individual-- ``(I) is carrying a ticket in the name of the individual for a flight that is scheduled for departure from the covered airport within 24 hours or that has arrived at the airport within the preceding 24 hours; or ``(II) communicates the intention to obtain a ticket for departure referred to in subclause (I) at the covered airport and obtains and carries such ticket or does not obtain such ticket for a compelling reason. ``(C) Individuals shipping firearms.--An individual who possesses a firearm in a capacity relating to the shipment of the firearm in air commerce and who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration to possess the firearm at the covered airport in such capacity. ``(D) Law enforcement officers.--An on-duty law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Federal Government, who is authorized to carry a firearm. ``(E) Certain individuals on public transportation.--An individual passing through an airport on public transportation. ``(F) Additional authorized individuals.--An individual who is otherwise authorized by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration to possess a firearm at a covered airport. ``(4) Issuance of regulations.--Not later than one year after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall issue regulations to carry out this subsection. ``(5) Definitions.--In this subsection: ``(A) Airport.--The term `airport' means an airport and any appurtenant building or area that is related to the operation of the airport, including a building or area on the site of the airport designed to-- ``(i) receive passengers or cargo before or after a flight; or ``(ii) facilitate arrival at or departure from the airport, including-- ``(I) a road or section of road used primarily for arrival at or departure from the airport; ``(II) an airport parking area; and ``(III) a public transportation stop. ``(B) Airport operator.--The term `airport operator' means the operator of a covered airport. ``(C) Administrator.--The term `Administrator' means the Administrator of the Transportation Security Administration. ``(D) Covered airport.--The term `covered airport' means an airport that in the preceding fiscal year received an amount allocated or apportioned under chapter 471. ``(E) Firearm.--The term `firearm' has the meaning given the term in section 921(a)(3) of title 18. ``(F) Public transportation.--The term `public transportation' means a conveyance that provides regular and continuing general or special transportation to the public.''. (b) Criminal Penalty for Possession.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 932. Possession of firearms at airports ``(a) In General.--Except as provided in subsection (b), an individual who knowingly possesses a firearm at a covered airport shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Exceptions.--Subsection (a) shall not apply to an individual described in section 44903(o)(3) of title 49. ``(c) Definition of Covered Airport.--In this section, the term `covered airport' has the meaning given the term in section 44903(o)(5)(D) of title 49.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date on which the Administrator of the Transportation Security Administration has issued regulations pursuant to section 44903(o)(4) of title 49, United States Code (as added by subsection (a)). (3) Conforming amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``932. Possession of firearms at airports.''. | Airport Security Act of 2017 This bill directs the Transportation Security Administration (TSA) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. The TSA shall require airport operators to: display conspicuous notices summarizing the program at each airport entrance, and require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. The bill prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warriors Joint Health Care Ombudsman Act''. SEC. 2. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE OMBUDSMAN OFFICE. (a) Establishment.--The Secretary of Defense shall establish a Department of Defense-wide Ombudsman Office (in this Act referred to as the ``Ombudsman Office'') and assign the responsibility for overseeing the Office to the Assistant Secretary of Defense for Health Affairs. (b) Functions.--The functions of the Ombudsman Office are to provide assistance to and answer questions from medical holdover patients and their families regarding-- (1) administrative processes, financial matters, and non- military related services available to the patients and their families throughout the patient's evaluation, treatment, and recovery; (2) transfer to the care of the Veterans Administration; and (3) support services available upon the patient's return home. (c) Additional Requirements.-- (1) Accountability standards.--The Ombudsman Office shall-- (A) create and maintain case files for individual specific questions received, and initiate inquiries and track responses for all such questions; (B) set standards for timeliness of responses; and (C) set standards for accountability to medical holdover patients and their families, including requirements for daily updates to patients and family members about steps being taken to alleviate problems and concerns until problems are addressed. (2) Toll-free phone numbers.--The Ombudsman shall establish and maintain toll-free telephone assistance phone numbers as follows: (A) One number shall be available for medical holdover patients and their families and shall operate 8 hours a day and 7 days a week. (B) One number shall be available for medical emergency questions 24 hours a day and 7 days a week. (3) Status reports.--The Ombudsman Office shall submit weekly status reports of actions taken to address individual concerns to the Secretary of Defense, the Secretary of each military department, and the inspector general of each military department. The Office shall also report to the commander or director of the office or facility with responsibility for the patients covered by the status report. (d) Responses From Other Offices.--The Secretary of Defense shall ensure that all other offices within the Department of Defense and the military departments respond in a timely manner to resolve questions and requests from the Ombudsman Office on behalf of medical holdover patients and their families, including offices responsible for medical matters (including medical holdover processes), financial and accounting matters, legal matters, human resources matters, reserve component matters, installation and management matters, and physical disability matters. (e) Briefings.--The head of the Ombudsman Office shall conduct briefings of senior leadership in the military departments on all medical holdover trends, issues, and problems in person on a monthly basis. (f) Congressional Inquiries.--The Ombudsman Office shall be responsible for handling, and for setting standards regarding the handling of, all inquiries from Congress regarding medical holdover patients and other medical questions related to the Armed Forces. The Ombudsman Office may report about congressional inquiries to the congressional liaison headquarters of each military department. (g) Staff of the Office.-- (1) Head.--The Ombudsman Office should be headed by a general or flag officer. (2) Staff.--The Ombudsman Office shall be staffed by personnel from offices of the Surgeon General of each military department and also shall include representatives from each military department with responsibility for a part of patient processing and representatives from reserve components. Personnel in the Ombudsman office should-- (A) be highly trained in their office and command processes; (B) be given standardized and updated information on all military retention facility personnel charged with on-location assistance; and (C) in the case of military personnel, be assigned to the Office for a period of at least 3 years, and in the case of civilian personnel, be assigned to the Office permanently if practicable. (3) Training and testing.--Ombudsman personnel should be tested and evaluated on a standardized basis. Ombudsman personnel should be also trained to deal with members of the Armed Forces with post-traumatic stress disorder and other brain injuries. (h) Medical Holdover Patient.--In this Act, the term ``medical holdover patient'' means a member of the Armed Forces, including a member of the National Guard or other reserve component, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. (I) Authorization.--There is authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2007, and $1,000,000 for each of fiscal years 2008 and 2009. | Wounded Warriors Joint Health Care Ombudsman Act - Directs the Secretary of Defense to establish a Department of Defense (DOD)-wide Ombudsman Office and to assign Office oversight responsibility to the Assistant Secretary of Defense for Health Affairs. Requires the Ombudsman to provide assistance to and answer questions from medical holdover patients and their families regarding: (1) administrative processes, financial matters, and non-military related services available to such patients and families; (2) transfer to the care of the Veterans Administration (VA); and (3) support services available upon the patient's return home. Directs the Ombudsman to establish toll-free telephone numbers for such patients and family members. Makes the Ombudsman responsible for handling congressional inquiries regarding medical holdover patients and other medical questions related to the Armed Forces. Defines a medical holdover patient as one held over for medical treatment by DOD for an injury, illness, or disease incurred or aggravated while on active duty. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood and Agriculture Risk Management Cost Reduction Act of 2017''. SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS. Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the following new paragraph: ``(3) Allowable local variances for certain agricultural structures.-- ``(A) Requirement.--Notwithstanding any other provision of this Act-- ``(i) the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and ``(ii) the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance. This subparagraph shall not limit the ability of the Administrator to take enforcement action against a community that does not adopt adequate variance criteria or establish proper enforcement mechanisms. ``(B) Variance; considerations.--The requirements of this subparagraph with respect to a variance are as follows: ``(i) The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas. ``(ii) In the case of new construction, such official has determined-- ``(I) that neither floodproofing nor elevation of the new structure to the base flood elevation is practicable; and ``(II) that the structure is not located in-- ``(aa) a designated regulatory floodway; ``(bb) an area riverward of a levee or other flood control structure; or ``(cc) an area subject to high velocity wave action or seaward of flood control structures. ``(iii) In the case of existing structures-- ``(I) if such structure is substantially damaged or in need of substantial repairs or improvements, such official has determined that neither floodproofing nor elevation to the base flood elevation is practicable; and ``(II) if such structure is located within a designated regulatory floodway, such official has determined that the repair or improvement does not result in any increase in base flood levels during the base flood discharge. ``(iv) Such official has determined that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. ``(v) Not more than one claim payment exceeding $1,000 has been made for the structure under flood insurance coverage under this title within any period of 10 consecutive years at any time prior to the granting of the variance. ``(C) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Agricultural structure.--The term `agricultural structure' has the meaning given such term in paragraph (2)(D), except that such term includes not more than one single-family dwelling located on the same property as the agricultural operation, but only if such dwelling is occupied by the owner or operator of the operation. ``(ii) Floodproofing.--The term `floodproofing' means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.''. SEC. 3. PREMIUM RATES. Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsection: ``(n) Premium Rates for Certain Agricultural Structures With Variances.--Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed.''. SEC. 4. LEVEE-IMPACTED AREAS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Levee-Impacted Areas.-- ``(1) In general.--Subject only to full implementation of subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) and notwithstanding any other provision of law, if a community that applies to the Administrator for the remapping of a levee-impacted area in which the pertinent levee system fails to meet the National Flood Insurance Program's minimum design, operation, and maintenance standards required for levee accreditation on a flood insurance rate map-- ``(A) the Administrator shall establish flood risk zones for those areas on such maps to be known as AL zones; and ``(B) flood insurance shall be made available to properties located within such zones at actuarial rates based upon the risk associated with structures within the applicable AL zones. ``(2) Transition.--Before the Administrator has developed actuarial rates for the various AL zones, covered structures within the portions of the community located within the levee- impacted area shall be eligible for rates associated with areas of moderate flood hazards.''. SEC. 5. MULTIPLE AGRICULTURAL STRUCTURE POLICY PILOT PROGRAM. (a) Authority.--The Administrator of the Federal Emergency Management Agency (in this section referred to as the ``Administrator'') shall carry out a pilot program under this section that provides for the sale of contracts for flood insurance coverage under the National Flood Insurance Act of 1968 that cover multiple non- residential agricultural structures, as such term is defined in section 1315(a)(2)(D) of such Act (42 U.S.C. 4022(a)(2)(D)), under a single flood insurance policy. (b) Availability in Regular Program Communities.--The Administrator may provide coverage under the pilot program only for properties located in communities for which a flood insurance rate map is in effect and in which the full limits of coverage under the National Flood Insurance Act of 1968 are available . (c) Limit of Coverage.--Coverage provided under the pilot program shall not exceed $500,000 aggregate liability per policy for coverage of structures and $500,000 aggregate liability per policy for coverage of contents. (d) Applicable Waiting Periods.--Coverage provided under the pilot program shall comply with subsection (c) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)). (e) Substantial Conformance With General Policy Form.-- (1) Requirements.--Coverage provided under the pilot program shall be consistent with, and as substantially identical as possible to, the terms, conditions, and exclusions found in the General Property Form of the Standard Flood Insurance Policy, as set forth in Appendix A(2) to Part 61 of title 44, Code of Federal Regulations. (2) Implementation.--Notwithstanding any applicable rulemaking requirements, to the extent necessary to implement the pilot program under this section, the Administrator may issue endorsements to the General Policy Form of the Standard Flood Insurance Policy, as set forth in the Appendix referred to in paragraph (1), except that no such endorsement may be issued before the expiration of the 6-month period beginning upon publication of such endorsement in the Federal Register. (f) Exclusive Use of Direct Servicing Agent.--Notwithstanding any other provision of law, or arrangements entered into under section 1340 of the National Flood Insurance Act of 1968 (42 U.S.C. 4071), the Administrator shall sell contracts for coverage under the pilot program under this section only through the facilities of the Administrator's direct serving agent for the national flood insurance program. (g) Limitation on Reformation of Existing Policies.--The Administrator may not sell a contract for coverage under the pilot program under this section for a structure that covers any period during which the structure is covered under another contract for insurance coverage made available under the National Flood Insurance Act of 1968. (h) Rule of Construction.--Nothing in this section may be construed to limit or restrict the Administrator's authority to provide, by regulation, for general terms and conditions of flood insurance for multiple structures under one flood insurance policy pursuant to sections 1305 and 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4012, 4013). (i) Implementation.--The Administrator may not sell any policy for flood insurance coverage under the pilot program under this section before the expiration of the 6-month period beginning upon publication in the Federal Register of notice describing the pilot program and setting forth the general terms and conditions of endorsements to be sold under the program. (j) Termination.--The pilot program under this section shall terminate upon, and the Administrator may not sell any policy for flood insurance coverage under the pilot program after, the expiration of the 6-year period beginning upon the date of the enactment of this Act. (k) Report to Congress.--Not later than the expiration of the 5- year period beginning on the date of the enactment of this Act, the Administrator shall submit a report to the Congress describing and evaluating the pilot program under this section. | Flood and Agriculture Risk Management Cost Reduction Act of 2017 This bill amends the National Flood Insurance Act of 1968 to allow, under the National Flood Insurance Program, certain local variances with respect to agricultural structures located in special flood-hazard zones. The chargeable premium rate for coverage with respect to a structure that is provided such a variance shall be the same as would otherwise apply if the structure had been dry flood-proofed. If a community applies to the Federal Emergency Management Agency (FEMA) for the remapping of a levee-impacted area in which the pertinent levee system fails to meet specified minimum standards for accreditation on a flood-insurance rate map: (1) FEMA must establish, on an alternative map, a flood-risk zone for the area; and (2) flood insurance shall be made available, at specified risk-based rates, to properties located within the zone. FEMA shall carry out a pilot program that provides for the sale of contracts for flood-insurance coverage, under the National Flood Insurance Program, for multiple nonresidential agricultural structures under a single policy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fish Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Recreational fishing is traditionally one of the most popular outdoor sports with more than 50,000,000 participants of all ages, in all regions of the country. (2) Recreational fishing makes a substantial contribution to the local, State, and national economies. According to the most recent economic figures, recreational fishing infuses $116,000,000,000 annually into the national economy. Nationally, over 1,200,000 jobs are related to recreational fishing; this represents approximately 1 percent of the nation's entire civilian work force. For those communities and small businesses that rely on seasonal tourism, the expenditures of recreational anglers result in substantial benefits to the local economies. (3) Recreational anglers have long demonstrated a conservation ethic through their support of reasonable fisheries management laws and regulations including minimum size requirements, possession limits, and seasonal closures, as well as through their voluntary practice of catch-and-release fishing when appropriate. (4) In addition to payment of Federal excise taxes on fishing equipment, motorboats, and fuel, as well as license fees, recreational anglers contribute over $500,000,000 annually to State fisheries conservation management programs and projects. (5) It is a long standing policy of the Federal Government to allow public access to public lands and waters for recreational purposes consistent with sound conservation. This policy is reflected in the National Forest Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the Wilderness Act, the Wild and Scenic Rivers Act, and the National Parks and Recreation Act of 1978. (6) In most instances, recreational fishery resources can be maintained through a variety of management measures including minimum size requirements, possession limits, and seasonal closures, without restricting public access to places to fish. (7) Comprehensive standards must be established to demonstrate to the public that recreational fishing can be managed effectively without unnecessarily closing marine waters and to direct the implementation, use, and monitoring of marine protected areas. SEC. 3. POLICY. Consistent with sound marine conservation, it is the policy of the Congress in this Act-- (1) to create standards to direct the implementation, use, and monitoring of marine protected areas; (2) to ensure that all Federal regulations promote open access for recreational fishing to the maximum extent practicable; (3) to ensure that recreational anglers will be actively involved in any regulatory procedures that contemplate restrictions on their access to places to fish; and (4) to ensure that whenever access to fishing places is restricted, the restricted areas are as small as scientifically necessary to provide for the conservation of the fishery resource. SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENT. Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (13); (2) by striking ``fishery.'' in paragraph (14) and inserting ``fishery; and;''; and (3) by adding at the end the following: ``(15) not establish areas closed to recreational fishing unless-- ``(A) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures, including minimum size requirements, possession limits, seasonal closures, or gear restrictions, will not adequately provide for conservation and management of the affected stocks of fish as determined by the appropriate Regional Fishery Management Council; ``(B) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on the affected stocks of fish and provides a timetable for periodic review of the continued need for the closed area at least once every 3 years; ``(C) the closed area is no larger than that which is supported by the best available scientific information; and ``(D) provisions are made to reopen the closed area to recreational fishing whenever the basis of the closure no longer exists.''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas closed to recreational fishing unless: (1) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures will not adequately provide for conservation and management of the affected stocks of fish; (2) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on such fish and provides a timetable for periodic review of the continued need for the closed area; (3) the closed area is no larger than that which is supported by the best available scientific information; or (4) provision is made to reopen the closed area to recreational fishing whenever any such condition that was the basis of the closure no longer exists. |