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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Opioid Management and
Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of
2018''.
SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID
TREATMENT PROGRAMS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (FF), by striking at the end ``and'';
(2) in subparagraph (GG), by inserting at the end ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(HH) opioid treatment program services (as
defined in subsection (jjj)).''.
(b) Opioid Use Disorder Treatment Services and Opioid Treatment
Program Defined.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``(jjj) Opioid Treatment Program Services; Opioid Treatment
Program.--
``(1) Opioid treatment program services.--
``(A) In general.--The term `opioid treatment
program services' means items and services described in
subparagraph (B) that are furnished as part of
medication-assisted treatment for the treatment of
opioid use disorder at an opioid treatment program
enrolled under section 1866(j).
``(B) Items and services described.--For purposes
of subparagraph (A), the items and services described
in this subparagraph, with respect to an individual and
episode of care, are the following:
``(i) Initial intake and assessment.
``(ii) Integrated and ongoing psychosocial
and medical treatment for opioid use disorder.
``(iii) Additional services, including
urinalysis; medication administration,
dispensing, and monitoring; and screening.
``(iv) One of the following products (or
such other products approved after the date of
the enactment of this subsection by the Food
and Drug Administration for the purpose of
maintenance or detoxification treatment), as
determined appropriate for the individual by an
appropriately licensed clinician for the
treatment of such individual:
``(I) Methadone products.
``(II) Buprenorphine products.
``(III) Naltrexone products.
``(2) Opioid treatment program.--The term `opioid treatment
program' means an opioid treatment program (as defined in
section 8.2 of title 42 of the Code of Federal Regulations, or
any successor regulation) that--
``(A) has in effect an opioid treatment program
certification (as defined in such section);
``(B) has in effect a certification by the
Substance Abuse and Mental Health Services
Administration for such a program; and
``(C) is accredited by an accrediting body approved
by the Substance Abuse and Mental Health Services
Administration.
``(3) Medication-assisted treatment.--The term `medication-
assisted treatment' means the use of medications, in
combination with counseling, behavioral therapies, and
toxicology testing, to provide a comprehensive approach to the
treatment of substance use disorders.''.
(c) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (BB)'' and inserting
``(BB)''; and
(B) by inserting before the semicolon at the end
the following ``, and (CC) with respect to opioid
treatment program services furnished during an episode
of care, the amount paid shall be equal to the amount
payable in accordance with section 1834(v)''.
(2) Payment determination.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end
the following new subsection:
``(v) Opioid Treatment Program Services.--
``(1) In general.--The Secretary shall pay under this part
to an opioid treatment program (as defined in paragraph (2) of
section 1861(jjj)) an amount equal to 120 percent of the
bundled payment amount under a subparagraph of paragraph (2)
for opioid treatment program services (as defined in paragraph
(1) of such section 1861(jjj)) described in such subparagraph
that are furnished during the episode of care (beginning not
later than January 1, 2019) applicable to such services
described in such subparagraph, to an individual by a physician
or other practitioner at such program. Such a bundled payment
shall be in lieu of any payment that would otherwise be made
under this part to such physician or practitioner for
furnishing such services.
``(2) Payment amounts and episode of care based on
medication involved.--Subject to paragraph (3):
``(A) Medication-assisted treatment bundles
including methadone.--In the case of opioid treatment
program services that include methadone, the bundled
payment amount under this subparagraph is the payment
amount applied for HCPCS code H0020 and shall be for an
episode of care, the duration of which is a week.
``(B) Medication-assisted treatment bundles
including buprenorphine.--In the case of opioid
treatment program services that include buprenorphine--
``(i) the bundled payment amount under this
subparagraph shall be the amount equal to the
sum of--
``(I) with respect to services
furnished as part of such bundle, the
payment amount applied for HCPCS code
H0047; and
``(II) with respect to
buprenorphine administered or dispensed
as part of such bundle, the payment
amount applied for HCPCS code J0571,
J0572, or J0573, determined at an
amount equal to 95 percent of the
average wholesale price of the drug;
``(ii) such bundled payment amount--
``(I) shall be for an episode of
care, the duration of which is a week;
and
``(II) shall include payment for
buprenorphine administered during such
episode of care only if the medication
is dispensed or administered by the
opioid treatment program involved; and
``(iii) any claim for payment for such
services, with respect to such a episode of
care, under this subsection shall include the
National Drug Code for Buprenorphine, dosage,
and acquisition costs.
``(C) Medication-assisted treatment bundles
including naltrexone.--In the case of opioid treatment
program services that include naltrexone--
``(i) the bundled payment amount under this
subparagraph shall be the amount equal to the
sum of--
``(I) with respect to services
furnished as part of such bundle, the
payment amount applied for HCPCS code
H0047;
``(II) with respect to the
administration of naltrexone as part of
such bundle, the payment amount applied
for CPT code 96372; and
``(III) with respect to naltrexone
administered as part of such bundle,
the payment amount applied for HCPCS
code J2315 for the amount of milligrams
used; and
``(ii) such bundled amount shall be for an
episode of care, the duration of which is a
month.
In carrying out this paragraph, any reference to a
HCPCS code or CPT code shall be treated as including a
reference to a successor code to the HCPCS code or CPT
code, as determined by the Secretary pursuant to
rulemaking.
``(3) Limitation.--In no case shall the amount determined
under a subparagraph of paragraph (2), with respect to opioid
treatment services described in a subparagraph of paragraph (2)
during an episode of care described in such subparagraph
furnished in a count be less than the greater of--
``(A) the rate of payment for comparable services
that are paid under State plans under title XIX to
opioid treatment programs in such county; or
``(B) the rate of payment under the TRICARE program
under chapter 55 of title 10, United States Code, for
comparable services paid to opioid treatment programs
in such county.''.
(d) Including Opioid Treatment Programs as Medicare Providers.--
Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is
amended--
(1) in paragraph (2), by striking at the end ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) opioid treatment programs (as defined in paragraph
(2) of section 1861(jjj)), but only with respect to the
furnishing of opioid treatment program services (as defined in
paragraph (1) of such section).''. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill provides for coverage and payment of specified opioid-treatment program services under the Medicare program. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act of
2005''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES
WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 40 percent or less or has a service-connected
disability rated as zero percent, $0.''.
(b) Repeal of Phase-in of Concurrent Receipt for Retirees With
Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of
such section is amended by striking ``except that'' and all that
follows and inserting ``except--
``(A) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as 100 percent, payment of retired pay to such
veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on
December 31, 2004; and
``(B) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as total by reason of unemployability, payment of
retired pay to such veteran is subject to subsection
(c) only during the period beginning on January 1,
2004, and ending on December 31, 2005.''.
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability.''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that
follows through ``retiree')'' and inserting ``a
qualified retiree''; and
(B) by adding at the end the following new
paragraph:
``(2) Qualified retirees.--For purposes of this
section, a qualified retiree, with respect to any
month, is a member or former member of the uniformed
services who--
``(A) is entitled to retired pay, other
than in the case of a member retired under
chapter 61 of this title with less than 20
years of service creditable under section 1405
of this title and less than 20 years of service
computed under section 12732 of this title; and
``(B) is also entitled for that month to
veterans' disability compensation.''.
(3) Disability retirees.--Subsection (b) of section 1414 of
such title is amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date. | Retired Pay Restoration Act of 2005 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more).
Makes the 2004 through 2013 phase-in limitations for the concurrent receipt of such pay for qualified retirees with service-connected disabilities rated as total applicable: (1) only during 2004 for retirees with a 100 percent disability; and (2) only during 2004 and 2005 for retirees with a total disability by reason of unemployability.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. | To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal-to-Liquid Fuel Energy Act of
2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is the coal
resources of the United States, using the class of
reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to producing the inputs to the
Fischer-Tropsch process, the Fischer-Tropsch process,
finished fuel production, or the capture,
transportation, or sequestration of byproducts of the
use of a feedstock that is primarily domestic coal at
the Fischer-Tropsch facility, including carbon
emissions.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects.--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) Large-scale coal-to-liquid facilities (as defined in
section 2 of the Coal-to-Liquid Fuel Energy Act of 2007) that
use a feedstock, the majority of which is the coal resources of
the United States, to produce not less than 10,000 barrels a
day of liquid transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Alternative funding.--If no appropriations are made
available under paragraph (1), an eligible applicant may elect
to provide payment to the Secretary, to be delivered if and at
the time the application is approved, in the amount of the
estimated cost of the loan guarantee to the Federal Government,
as determined by the Secretary.
``(3) Limitations.--
``(A) In general.--No loan guarantees shall be
provided under this title for projects described in
paragraph (1) after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is
issued under this title; or
``(ii) production capacity covered by such
loan guarantees reaches 100,000 barrels per day
of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be
provided under this title for any large-scale
coal-to-liquid facility described in paragraph
(1) that produces no more than 20,000 barrels
of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To
be eligible for a loan guarantee under this
title, a large-scale coal-to-liquid facility
described in paragraph (1) that produces more
than 20,000 barrels per day of coal-to-liquid
fuel shall be eligible to receive a loan
guarantee for the proportion of the cost of the
facility that represents 20,000 barrels of
coal-to-liquid fuel per day of production.
``(4) Requirements.--
``(A) Guidelines.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall publish guidelines for the coal-to-liquids loan
guarantee application process.
``(B) Applications.--Not later than 1 year after
the date of enactment of this subsection, the Secretary
shall begin to accept applications for coal-to-liquid
loan guarantees under this subsection.
``(C) Deadline.--Not later than 1 year from the
date of acceptance of an application under subparagraph
(B), the Secretary shall evaluate the application and
make final determinations under this subsection.
``(5) Reports to congress.--The Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the status of the program
under this subsection not later than each of--
``(A) 180 days after the date of enactment of this
subsection;
``(B) 1 year after the date of enactment of this
subsection; and
``(C) the dates on which the Secretary approves the
first and fifth applications for coal-to-liquid loan
guarantees under this subsection.''.
SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid
facility that will produce at least 10,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), the eligible recipient shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Requirements.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidelines
for the coal-to-liquids loan application process.
(2) Applications.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall begin to accept
applications for coal-to-liquid loans under this section.
(g) Reports to Congress.--Not later than each of 180 days and 1
year after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing the status of the program under
this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFACTURING FACILITIES.
The Secretary, in coordination with the head of any affected
agency, shall promulgate such regulations as the Secretary determines
to be necessary to support the development on Federal land (including
land of the Department of Energy, military bases, and military
installations closed or realigned under the defense base closure and
realignment) of coal-to-liquid manufacturing facilities and associated
infrastructure, including the capture, transportation, or sequestration
of carbon dioxide.
SEC. 6. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (e), (f), and (g), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following:
``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not
later than 1 year after the date of enactment of the Coal-to-Liquid
Fuel Energy Act of 2007, the Secretary and the Secretary of Defense
shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate and
the Committee on Energy and Commerce and the Committee on Armed
Services of the House of Representatives a report describing
the results of the study.
``(d) Construction of Storage Facilities.--As soon as practicable
after the date of enactment of the Coal-to-Liquid Fuel Energy Act of
2007, the Secretary may construct 1 or more storage facilities in the
vicinity of pipeline infrastructure and at least 1 military base.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid products (as defined in section 2 of
the Coal-to-Liquid Fuel Energy Act of 2007), as the Secretary
determines to be appropriate, in a quantity not to exceed 20
percent of the total quantity of petroleum and petroleum
products in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''.
SEC. 7. AUTHORIZATION TO CONDUCT RESEARCH, DEVELOPMENT, TESTING, AND
EVALUATION OF ASSURED DOMESTIC FUELS.
Of the amount authorized to be appropriated for the Air Force for
research, development, testing, and evaluation, $10,000,000 may be made
available for the Air Force Research Laboratory to continue support
efforts to test, qualify, and procure synthetic fuels developed from
coal for aviation jet use.
SEC. 8. COAL-TO-LIQUID LONG-TERM FUEL PROCUREMENT AND DEPARTMENT OF
DEFENSE DEVELOPMENT.
Section 2398a of title 10, United States Code is amended--
(1) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Coal-to-liquid production facilities.--
``(A) In general.--The Secretary of Defense may
enter into contracts or other agreements with private
companies or other entities to develop and operate
coal-to-liquid facilities (as defined in section 2 of
the Coal-to-Liquid Fuel Energy Act of 2007) on or near
military installations.
``(B) Considerations.--In entering into contracts
and other agreements under subparagraph (A), the
Secretary shall consider land availability, testing
opportunities, and proximity to raw materials.'';
(2) in subsection (d)--
(A) by striking ``Subject to applicable provisions
of law, any'' and inserting ``Any''; and
(B) by striking ``1 or more years'' and inserting
``up to 25 years''; and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 9. REPORT ON EMISSIONS OF FISCHER-TROPSCH PRODUCTS USED AS
TRANSPORTATION FUELS.
(a) In General.--In cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Defense, the
Administrator of the Federal Aviation Administration, and the Secretary
of Health and Human Services, the Secretary shall--
(1) carry out a research and demonstration program to
evaluate the emissions of the use of Fischer-Tropsch fuel for
transportation, including diesel and jet fuel;
(2) evaluate the effect of using Fischer-Tropsch
transportation fuel on land and air engine exhaust emissions;
and
(3) in accordance with subsection (e), submit to Congress a
report on the effect on air quality and public health of using
Fischer-Tropsch fuel in the transportation sector.
(b) Guidance and Technical Support.--The Secretary shall issue any
guidance or technical support documents necessary to facilitate the
effective use of Fischer-Tropsch fuel and blends under this section.
(c) Facilities.--For the purpose of evaluating the emissions of
Fischer-Tropsch transportation fuels, the Secretary shall--
(1) support the use and capital modification of existing
facilities and the construction of new facilities at the
research centers designated in section 417 of the Energy Policy
Act of 2005 (42 U.S.C. 15977); and
(2) engage those research centers in the evaluation and
preparation of the report required under subsection (a)(3).
(d) Requirements.--The program described in subsection (a)(1) shall
consider--
(1) the use of neat (100 percent) Fischer-Tropsch fuel and
blends of Fischer-Tropsch fuels with conventional crude oil-
derived fuel for heavy-duty and light-duty diesel engines and
the aviation sector; and
(2) the production costs associated with domestic
production of those fuels and prices for consumers.
(e) Reports.--The Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives--
(1) not later than 180 days after the date of enactment of
this Act, an interim report on actions taken to carry out this
section; and
(2) not later than 1 year after the date of enactment of
this Act, a final report on actions taken to carry out this
section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Coal-to-Liquid Fuel Energy Act of 2007 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid facilities that use a feedstock, the majority of which is domestic coal resources, to produce at least 10,000 barrels a day of liquid transportation fuel.
Instructs the Secretary of Energy (Secretary) to make loans for use by recipients to pay the federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of coal-to-liquid facilities.
Directs the Secretary to promulgate regulations to support the development of coal-to-liquid manufacturing facilities and associated infrastructure on DOE and other federal lands, including military bases and military installations closed or realigned under the defense base closure and realignment.
Amends the Energy Policy and Conservation Act to direct the Secretaries of Energy and of Defense to study and report to Congress on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve (Reserve).
Authorizes the Secretary to construct storage facilities in the vicinity of pipeline infrastructure and at least one military base.
Amends the Energy Policy and Conservation Act to authorize the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products in the Reserve.
Authorizes the use of certain funds by the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use.
Amends federal law governing Armed Forces fuel procurement to authorize the Secretary of Defense to enter into agreements with private companies to develop and operate coal-to-liquid facilities on or near military installations.
Instructs the Secretary of Energy to implement a research and demonstration program to evaluate the emissions of the use of Fischer-Tropsch transportation fuel, including diesel and jet fuel. | A bill to promote coal-to-liquid fuel activities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bailout Prevention Act of 2015''.
SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS.
Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B))
is amended by striking clauses (ii) and (iii) and inserting the
following:
``(ii)(I) The Board shall establish procedures to
prohibit borrowing from programs and facilities by
borrowers that are insolvent. A borrower shall not be
eligible to borrow from any emergency lending program
or facility unless the Board and all Federal banking
regulators with jurisdiction over the borrower certify
that, at the time the borrower initially borrows under
the program or facility, the borrower is not insolvent.
Solvency shall be assessed by examining the last 4
months of relevant financial data and determining
whether the fair value of the borrower's assets exceeds
the fair value of the borrower's liabilities, with
appropriate adjustment for temporary illiquidity in
relevant markets.
``(II) A borrower shall be considered insolvent for
purposes of this subparagraph if the borrower is--
``(aa) in bankruptcy, resolution under
title II of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5381 et
seq.), or any other Federal or State insolvency
proceeding; or
``(bb) a bridge financial company (as
defined in section 201(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a))) or a bridge depository
institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C.
1813)).
``(III) If the Board or any other banking regulator
makes a certification of solvency, the Board or banking
regulator, as applicable, shall issue a contemporaneous
public statement providing a detailed explanation of
the certification decision.
``(iii) A program or facility shall be considered a
program or facility with broad-based eligibility only
if not fewer than 5 companies are eligible to
participate in the program or facility in a significant
manner.''.
SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT.
Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is
amended by adding at the end the following:
``(F) Any emergency lending under this paragraph
shall be provided at an annual interest rate not less
than 500 basis points greater than the cost of
borrowing for the United States Treasury for a
commensurate loan term.
``(G)(i) If the Board determines that the Board
shall create an emergency lending program or facility
that does not comply with the broad-based eligibility
requirement described in subparagraph (B)(iii) or the
penalty rate requirement described in subparagraph (F),
the Board--
``(I) may create such a program or
facility; and
``(II) not later than 3 days after the date
on which a program or facility is created under
clause (i), shall submit to Congress a report
that describes the reasons why the Board is
unable to comply with any requirement described
in the matter preceding subclause (I).
``(ii)(I) A program or facility created under
clause (i)(I) shall terminate on the date that is 30
calendar days after the date on which Congress receives
a report described in clause (i)(II) unless there is
enacted into law a joint resolution approving the
program or facility not later than 30 calendar days
after the date on which the report is received. Any
loan offered through the program or facility that are
outstanding as of the date on which the facility is
terminated shall be repaid in full not later than 30
calendar days after the date on which the program or
facility is terminated.
``(II) For the purpose of this section, the term
`joint resolution' means only a joint resolution--
``(aa) that is introduced not later than 3
calendar days after the date on which the
report referred to in clause (i)(I) is received
by Congress;
``(bb) that does not have a preamble;
``(cc) the title of which is as follows:
`Joint resolution relating to the approval of a
program or facility created by the Board of
Governors of the Federal Reserve System'; and
``(dd) the matter after the resolving
clause of which is as follows: `That Congress
approves the program or facility created by the
Board of Governors of the Federal Reserve
System on __________.' (The blank space being
appropriately filled in).
``(III)(aa) Upon receipt of a report under
subsection (a)(3), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall
convene not later than the second calendar day after
receipt of such report.
``(bb) Any committee of the House of
Representatives to which a joint resolution is referred
shall report it to the House not later than 5 calendar
days after the date of receipt of the report described
in clause (i)(II). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
``(cc) After each committee authorized to consider
a joint resolution reports it to the House or has been
discharged from its consideration, it shall be in
order, not later than the sixth day after Congress
receives the report described in clause (i)(II), to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(dd) The joint resolution shall be considered as
read. All points of order against the joint resolution
and against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
``(IV)(aa) Upon receipt of a report under clause (i)(II),
if the Senate has adjourned or recessed for more than 2 days,
the majority leader of the Senate, after consultation with the
minority leader of the Senate, shall notify the Members of the
Senate that, pursuant to this subparagraph, the Senate shall
convene not later than the second calendar day after receipt of
such message.
``(bb) Upon introduction in the Senate, the joint
resolution shall be placed immediately on the calendar.
``(cc)(AA) Notwithstanding Rule XXII of the Standing Rules
of the Senate, it is in order at any time during the period
beginning on the fourth day after the date on which Congress
receives a report described in clause (i)(II) and ending on the
sixth day after the date on which Congress receives the report
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution (and against consideration of the joint resolution)
are waived. The motion to proceed is not debatable. The motion
is not subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall remain
the unfinished business until disposed of.
``(BB) Debate on the joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between the majority and minority leaders or their designees. A
motion further to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(CC) The vote on passage shall occur immediately
following the conclusion of the debate on a joint resolution,
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
``(DD) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate, as the case may be,
to the procedure relating to a joint resolution shall be
decided without debate.
``(V)(aa) If, before the passage by one House of a joint resolution
of that House, that House receives from the other House a joint
resolution, then the following procedures shall apply:
``(AA) The joint resolution of the other House shall not be
referred to a committee.
``(BB) With respect to a joint resolution of the House
receiving the resolution--
``(CC) the procedure in that House shall be the same as if
no joint resolution had been received from the other House; but
``(DD) the vote on passage shall be on the joint resolution
of the other House.
``(bb) If one House fails to introduce or consider a joint
resolution under this section, the joint resolution of the other House
shall be entitled to expedited floor procedures under this section.
``(cc) If, following passage of the joint resolution in the Senate,
the Senate then receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(dd) If the President vetoes the joint resolution, the period
beginning on the date the President vetoes the joint resolution and
ending on the date the Congress receives the veto message with respect
to the joint resolution shall be disregarded in computing the 30-
calendar day period described in subclause (I) and debate on a veto
message in the Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or their designees.
``(ee) This subclause and subclauses (II), (III), and (IV) are
enacted by Congress--
``(AA) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(BB) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 4. REGULATION OF CERTAIN FINANCIAL HOLDING COMPANIES.
(a) In General.--Section 4 of the Bank Holding Company Act of 1956
(12 U.S.C. 1843) is amended by striking subsection (o).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 5 years after the date of enactment of
this Act. | Bailout Prevention Act of 2015 This bill amends the Federal Reserve Act, with respect to the discounting of obligations arising out of actual commercial transactions, to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. A borrower shall be deemed insolvent for such purposes if it is a bridge financial company (organized by the Federal Deposit Insurance Corporation [FDIC] to resolve a covered financial company) or a bridge depository institution (a new national bank or federal savings association organized by the FDIC to assume the deposits of one or more insured depository institutions that are in default or in danger of default). The annual (penalty) interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement (that at least five companies be eligible to participate in it) or this penalty rate requirement, but only if Congress enacts a joint resolution of approval within 30 days. The Bank Holding Company Act of 1956 is amended to repeal the authorization for certain financial holding companies to engage in, or own or control shares of a company that is engaged in commodity trading, selling, or investing if certain requirements are met. | Bailout Prevention Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Exemption for Washington from
Obamacare Act''.
SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND
MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the
following:
``(D) Members of congress, congressional staff, and
political appointees in the exchange.--'';
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking ``and congressional staff with''
and inserting ``, congressional staff, the President,
the Vice President, and political appointees with'';
and
(B) by striking ``or congressional staff shall''
and inserting ``, congressional staff, the President,
the Vice President, or a political appointee shall'';
(3) in clause (ii)--
(A) in subclause (II), by inserting after
``Congress,'' the following: ``of a committee of
Congress, or of a leadership office of Congress,''; and
(B) by adding at the end the following:
``(III) Political appointee.--In
this subparagraph, the term `political
appointee' means any individual who--
``(aa) is employed in a
position described under
sections 5312 through 5316 of
title 5, United States Code
(relating to the Executive
Schedule);
``(bb) 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, United
States Code;
``(cc) 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; or
``(dd) is employed in or
under the Executive Office of
the President in a position
that is excluded from the
competitive service by reason
of its confidential, policy-
determining, policy-making, or
policy-advocating character.'';
and
(4) by adding at the end the following:
``(iii) Government contribution.--No
Government contribution under section 8906 of
title 5, United States Code, shall be provided
on behalf of an individual who is a Member of
Congress, a congressional staff member, the
President, the Vice President, or a political
appointee for coverage under this paragraph.
``(iv) Limitation on amount of tax credit
or cost-sharing.--An individual enrolling in
health insurance coverage pursuant to this
paragraph shall not be eligible to receive a
tax credit under section 36B of the Internal
Revenue Code of 1986 or reduced cost-sharing
under section 1402 of this Act in an amount
that exceeds the total amount for which a
similarly situated individual (who is not so
enrolled) would be entitled to receive under
such sections.
``(v) Limitation on discretion for
designation of staff.--Notwithstanding any
other provision of law, a Member of Congress
shall not have discretion in determinations
with respect to which employees employed by the
office of such Member are eligible to enroll
for coverage through an Exchange.''. | No Exemption for Washington from Obamacare Act Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees. | No Exemption for Washington from Obamacare Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment of 2007'' or the ``CARE Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short Title; Table of Contents.
Sec. 2. Revised Age Requirement for Child Agricultural Employment;
Repeal of Waiver Provision for Hand Harvest
Laborers.
Sec. 3. Increased Civil Penalties for Child Labor Violations.
Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor
Violations.
Sec. 5. Report to Congress on Work-Related Injuries to Children and
Related Matters.
Sec. 6. Employer Reporting Requirements.
Sec. 7. Pesticide-Related Worker Protection Standard.
Sec. 8. Application of Fair Labor Standards Amendments.
SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT;
REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement.--Section 13(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(c)(1) The provisions of section 12 relating to child labor shall
not apply to any employee under 16 years of age employed in
agriculture, including in an agricultural occupation that the Secretary
of Labor finds and declares to be particularly hazardous under section
3(l), if--
``(A) the employee is employed by a parent of the employee
or by a person standing in the place of the parent, on a farm
owned or operated by the parent or person; and
``(B) the employment is outside of school hours for the
school district where the employee is living while so
employed.''.
(b) Repeal of Waiver Provision.--Section 13(c) of such Act (29
U.S.C. 213(c)) is further amended by striking paragraph (4).
SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
(1) in the first sentence by striking ``not to exceed
$10,000'' and inserting ``not less than $500 and not more than
$50,000''; and
(2) by inserting after the first sentence the following new
sentences: ``In the case of a violation under the preceding
sentence that results in a serious lost-time work-related
injury or a serious lost-time work-related illness (as such
terms are defined in section 12A(c)) to an employee or results
in the death of an employee, the civil penalty shall be not
more than $50,000. In the case of a repeated or willful
violation that results in a serious lost-time work-related
injury or a serious lost-time work-related illness to an
employee or results in the death of an employee, the civil
penalty shall be not more than $100,000.''.
SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR
VIOLATIONS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended by adding at the end the following:
``(f) Any person who repeatedly or willfully violates any of the
provisions of section 12, and such violations result in or contribute
to the death or permanent disability of an employee under 18 years of
age at the time of such violation, shall be subject to imprisonment for
not more than five years or a fine under title 18, United States Code,
or both.''.
SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND
RELATED MATTERS.
The Fair Labor Standards Act of 1938 is amended by inserting after
section 12 (29 U.S.C. 212) the following new section:
``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED
MATTERS.
``(a) Data Analysis.--Using the sources specified in subsection
(b), the Secretary shall analyze data concerning children under the age
of 18 who are employed in agriculture, and with respect to such
children, each serious lost-time work-related injury, serious lost-time
work-related illness, or work-related death.
``(b) Sources Specified.--The sources referred to in subsection (a)
are the following:
``(1) Sources within the Department of Labor, including the
Wage and Hour Division, the Bureau of Labor Statistics, and the
Occupational Safety and Health Administration.
``(2) State employment security agencies and other relevant
State agencies.
``(3) The National Institute for Occupational Safety and
Health.
``(c) Definitions.--As used in this section:
``(1) The term `serious lost-time work-related injury'
means, with respect to an employee under 18 years of age, a
work-related injury which results in lost employment time for
such employee of at least one work day.
``(2) The term `serious lost-time work-related illness'
means, with respect to an employee under 18 years of age, a
work-related illness which results in lost employment time for
such employee of at least one work day.
``(d) Report.--The Secretary shall submit an annual report to
Congress which shall include the following--
``(1) a summary of the data collected by the Secretary
under this section and section 12B;
``(2) an evaluation, based on such data, that reflects the
status of child labor and related safety and health hazards;
and
``(3) any information, based on such data, that leads the
Secretary to believe that children under 18 years of age may
have been employed in violation of section 12.''.
SEC. 6. EMPLOYER REPORTING REQUIREMENTS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 12A, as added by section 5, the
following new section:
``SEC. 12B EMPLOYER REPORTING REQUIREMENTS.
``(a) Report.--Not later than five days after an event specified
under subsection (b), the employer involved in the event shall submit a
report to the Secretary in accordance with subsection (c).
``(b) Events Specified.--An event referred to in subsection (a)
is--
``(1) a serious lost-time work-related injury to an
employee under 18 years of age employed in agriculture;
``(2) the discovery of a serious lost-time work-related
illness of an employee under 18 years of age employed in
agriculture; or
``(3) a work-related death of an employee under 18 years of
age employed in agriculture.
``(c) Contents of Report.--The report required by subsection (a)
shall include--
``(1) the name and address of the employer;
``(2) the name, address, and age of the employee;
``(3) details about the injury, illness, or death of the
employee; and
``(4) such other information as the Secretary of Labor may
by regulation prescribe.
``(d) Penalty for Failure to Report.--The Secretary may assess a
civil penalty on any employer who fails to file a report as required by
this section in an amount up to $7,000 per violation.
``(e) Definition.--As used in this section, the terms `serious
lost-time work-related injury' and `serious lost-time work-related
illness' have the meanings given those terms in section 12A.''.
SEC. 7. PESTICIDE-RELATED WORKER PROTECTION STANDARD.
(a) Incorporation of Worker Protection Standard in Child Labor
Provisions.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Labor shall issue final rules to incorporate
within the rules relating to the child labor provisions of section 12
of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) the worker
protection standard for workers exposed to pesticides in part 170 of
title 40, Code of Federal Regulations. If, after incorporating such
standard, the standard in such part is revised, the Secretary shall, by
rule, incorporate such revisions within the rules relating to the child
labor provisions of section 12 of the Fair Labor Standards Act of 1938
(29 U.S.C. 212).
(b) Reconciliation of Civil Penalties.--Section 16 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216), as amended by sections 3
and 4, is further amended by adding at the end the following new
subsections:
``(g) The amount of a civil penalty imposed by the Secretary on a
violator for a violation of section 12 of this Act may be offset by the
Administrator of the Environmental Protection Agency against the amount
of a civil penalty imposed by the Administrator for a violation of the
worker protection standard promulgated under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) by the same
violator if the Administrator determines that the violation of such
standard involved the same conduct affecting the same child workers in
whose interests the first civil penalty was imposed.
``(h) The amount of a civil penalty imposed by the Administrator of
the Environmental Protection Agency on a violator for a violation of
the worker protection standard promulgated under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et
seq.) may be offset by the Secretary against the amount of a civil
penalty imposed by the Secretary for a violation of section 12 of this
Act by the same violator if the Secretary determines that the violation
of such section involved the same conduct affecting the same child
workers in whose interests the first civil penalty was imposed.''.
SEC. 8. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS.
(a) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall issue final rules
to implement the amendments made by sections 2 through 6. The rules
issued under this subsection shall take effect not later than 30 days
after the date on which the final rules are published in the Federal
Register.
(b) Violations.--The amendments made by sections 3 and 4 shall
apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) that occur after the date on which the rules issued under
subsection (a) take effect.
(c) Rule of Construction.--Nothing in the amendments made by
section 3 or 4 shall be construed to preempt any State law that
provides protections or remedies for employees that are greater than
the protections or remedies provided under such amendments.
(d) Employer Reporting Requirements.--The employer reporting
requirements of section 12B of the Fair Labor Standards Act of 1938, as
added by section 6, shall take effect on the date on which the final
rules issued under subsection (a) take effect. | Children's Act for Responsible Employment of 2007 or the CARE Act of 2007 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment.
Allows an exemption only if: (1) the agricultural employment of an individual under 16 occurs outside of school hours; and (2) such individual is employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Eliminates a waiver for hand-harvesting of certain crops.
Increases civil and criminal penalties for child labor violations.
Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries and illnesses, and deaths, of agricultural employees under 18 years of age.
Incorporates into FLSA child labor requirements certain federal standards for protecting workers exposed to pesticides. Reconciles civil penalties for violations of such standards affecting child workers imposed by the Secretary under FLSA and by the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act. | To amend the Fair Labor Standards Act of 1938 to increase penalties for violations of child labor laws, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasonal Influenza and Pandemic
Preparation Act of 2005''.
SEC. 2. FREE INFLUENZA VACCINE PROGRAM.
(a) Establishment.--The Secretary shall establish a national
voluntary influenza vaccination program for adults and children under
which any individual may receive an influenza vaccine at no cost at any
Federally qualified health center, public or private hospital,
physician office, clinic, or other entity determined appropriate by the
Secretary.
(b) Participating Entities.--
(1) Reimbursement.--An entity described in subsection (a)
that elects to provide vaccines to individuals through the
program shall be reimbursed for the costs of administering such
vaccines by the Secretary at the rate determined by the
Secretary for such vaccine for purposes of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), or at such higher
rate, including cost-based reimbursement, as determined
appropriate by the Secretary. Such reimbursement may include
the costs of practice expenses or other costs associated with
the administration of the influenza vaccine.
(2) Limitation on charges.--An entity participating in the
program shall not charge a co-payment or apply any other cost-
sharing requirements associated with the administration of
influenza vaccines, including any co-payment or other cost-
sharing for the visit associated with the administration of
such vaccine.
(3) Voluntary participation.--Participation by an entity in
the program shall be voluntary.
(c) Public-Private Partnerships.--
(1) Grants.--The Secretary shall award grants to State and
local health departments, public hospitals, Federally qualified
health centers, and other entities to facilitate the
establishment of influenza vaccination programs in partnership
with private entities, including retail outlets, pharmacies,
faith-based organizations, private employers, and others as
determined appropriate by the Secretary.
(2) Limitation on charges.--Any influenza vaccination
provided to an individual under a grant under this subsection
shall be at no cost to the individual.
(3) Reimbursement.--An entity participating in a program
under a grant under this subsection may request reimbursement
from the Secretary under the program under subsection (a) in
addition to the amounts received under the grant.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $500,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(d) School Partnerships.--
(1) Grants to public entities.--
(A) In general.--The Secretary shall award grants
to local health departments, public hospitals,
Federally qualified health centers, and other entities
to facilitate the development of influenza vaccination
programs for students and families of students in
partnership with local primary and secondary
educational institutions (including private
institutions and Head Start programs).
(B) Limitation on charges.--Any influenza
vaccination provided to an individual under a grant
under this subsection shall be at no cost to the
individual.
(2) Grants to schools.--The Secretary shall award grants to
elementary and secondary schools to facilitate the development
of a voluntary influenza vaccination program.
(3) Limitation on charges.--Any influenza vaccination
provided to an individual under this subsection shall be at no
cost to the individual.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $150,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(e) Immunization Plans.--The Secretary, under the programs under
titles XVIII, XIX, and XXI of the Social Security Act, shall develop an
immunization plan with immunization target numbers for the respective
populations served under the program under each such title. The
Secretary shall provide bonus payments to eligible health care
providers and other entities who meet immunization targets established
by the Secretary in such plans.
SEC. 3. VOLUNTEER VACCINE CORPS.
(a) Establishment.--The Secretary shall establish a Volunteer
Vaccine Corps (referred to in this section as the ``Corps'') to
facilitate the distribution and provision of vaccines to individuals
under any voluntary influenza vaccination program established by a
State or local entity.
(b) Activation and Assignment of Members.--
(1) Activation.--The members of the Corps shall be
activated by the Secretary upon a declaration by the Secretary
of a public health emergency under section 319 of the Public
Health Service Act related to an influenza outbreak (including
a seasonal outbreak).
(2) Assignment.--Upon activation, members of the Corps
shall be assigned to State and local entities to carry out the
provisions of a State or local voluntary influenza vaccination
program during such emergency.
(3) Requests.--The Secretary may request members of the
Corps from a State or territory to participate in the
vaccination program of another State or territory. The
Secretary shall enter into agreements with such States to
accept licensure and certification from such other States for
the purpose of carrying out activities under an influenza
vaccination program.
(c) Participation.--
(1) In general.--All duly licensed or certified health
professionals, including retired health professionals, as
determined appropriate by the Secretary, may participate in the
Corps under procedures established by the Secretary and after
passing an approved training course developed by the Secretary.
(2) Database.--The Secretary, in cooperation and
consultation with State and local entities, shall maintain a
database of Corps members. Such database shall, with respect to
each Corps member, include contact information, appropriate
licensure or certification information, and other information
the Secretary determines necessary to perform the activities of
the Corps.
(d) Training Grants.--The Secretary shall award grants to State and
local public health departments, Federally qualified health centers,
public and private hospitals, and other entities for the training of
Corps members.
(e) Liability.--Members of the Corps, when performing their duties
under an activation and assignment by the Secretary under subsection
(b) shall only be subject to liability for their actions under such
assignment as provided for under the Federal Tort Claims Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 4. PUBLIC OUTREACH.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish and implement a national public affairs
campaign, to be carried out through radio, television, print, and other
media and methods determined appropriate by the Secretary, to increase
influenza immunization rates.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 5. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the national
voluntary influenza vaccination program established under
section 2(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Seasonal Influenza and Pandemic Preparation Act of 2005 - Requires the Secretary of Health and Human Services to establish a national voluntary influenza vaccination program to provide free influenza vaccines. Requires the Secretary to reimburse participating entities for the cost of administering such vaccines.
Requires the Secretary to award grants to health departments, public hospitals, federally qualified health centers, and other entities to facilitate: (1) the establishment of influenza vaccination programs in partnership with private entities; and (2) the development of influenza vaccination programs for students and families of students.
Requires the Secretary to: (1) award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program; (2) develop an immunization plan with immunization target numbers for Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP); (3) provide bonus payments to eligible health care providers and other entities who meet such immunization targets; (4) establish a Volunteer Vaccine Corps to facilitate the distribution of vaccines during a public health emergency related to an influenza outbreak; (5) maintain a database of Corps members; and (6) award grants for the training of Corps members. Limits the liability of Corps members when performing their duties.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national public affairs campaign to increase influenza immunization rates. | A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines. |
SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a qualified
airline employee receives any airline payment amount and
transfers any portion of such amount to a traditional IRA
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act), then such
amount (to the extent so transferred) shall be treated as a
rollover contribution described in section 402(c) of the
Internal Revenue Code of 1986. A qualified airline employee
making such a transfer may exclude from gross income the amount
transferred, in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier.
(2) Transfer of amounts attributable to airline payment
amount following rollover to roth ira.--A qualified airline
employee who made a rollover of an airline payment amount to a
Roth IRA pursuant to section 125 of the Worker, Retiree, and
Employer Recovery Act of 2008, may transfer to a traditional
IRA all or any part of the Roth IRA attributable to such
rollover, and the transfer to the traditional IRA will be
deemed to have been made at the time of the rollover to the
Roth IRA, if such transfer is made within 180 days of the date
of the enactment of this Act. A qualified airline employee
making such a transfer may exclude from gross income the
airline payment amount previously rolled over to the Roth IRA,
to the extent an amount attributable to the previous rollover
was transferred to a traditional IRA, in the taxable year in
which the airline payment amount was paid to the qualified
airline employee by the commercial passenger airline carrier.
(3) Extension of time to file claim for refund.--A
qualified airline employee who excludes an amount from gross
income in a prior taxable year under paragraph (1) or (2) may
reflect such exclusion in a claim for refund filed within the
period of limitation under section 6511(a) (or, if later, April
15, 2011).
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue
Code of 1986 and section 209 of the Social Security Act, an airline
payment amount shall not fail to be treated as a payment of wages by
the commercial passenger airline carrier to the qualified airline
employee in the taxable year of payment because such amount is excluded
from the qualified airline employee's gross income under subsection
(a).
(c) Definitions and Special Rules.--For purposes of this section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment
amount'' means any payment of any money or other
property which is payable by a commercial passenger
airline carrier to a qualified airline employee--
(i) under the approval of an order of a
Federal bankruptcy court in a case filed after
September 11, 2001, and before January 1, 2007,
and
(ii) in respect of the qualified airline
employee's interest in a bankruptcy claim
against the carrier, any note of the carrier
(or amount paid in lieu of a note being
issued), or any other fixed obligation of the
carrier to pay a lump sum amount.
The amount of such payment shall be determined without
regard to any requirement to deduct and withhold tax
from such payment under sections 3102(a) and 3402(a).
(B) Exception.--An airline payment amount shall not
include any amount payable on the basis of the
carrier's future earnings or profits.
(2) Qualified airline employee.--The term ``qualified
airline employee'' means an employee or former employee of a
commercial passenger airline carrier who was a participant in a
defined benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust
exempt from tax under section 501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and (3) of
section 402(b) of the Pension Protection Act of 2006.
(3) Traditional ira.--The term ``traditional IRA'' means an
individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the meaning given
such term by section 408A(b) of such Code.
(d) Surviving Spouse.--If a qualified airline employee died after
receiving an airline payment amount, or if an airline payment amount
was paid to the surviving spouse of a qualified airline employee in
respect of the qualified airline employee, the surviving spouse of the
qualified airline employee may take all actions permitted under section
125 of the Worker, Retiree and Employer Recovery Act of 2008, or under
this section, to the same extent that the qualified airline employee
could have done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date. | Allows commercial airline employees who were participants in a tax-exempt defined benefit pension plan of a commercial airline that was terminated or otherwise restricted to transfer to a traditional individual retirement account (IRA) any amount received from the airline resulting from a bankruptcy proceeding filed after September 11, 2001, and before January 1, 2007. Excludes from the gross income of such employees any such amount received from an airline. | To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy. |
SECTION 1. INTERNATIONAL CLEAN TECHNOLOGY FUND.
(a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286oo) is amended by adding at the end the following:
``SEC. 64. CLEAN TECHNOLOGY FUND.
``(a) Contribution Authority.--
``(1) In general.--The Secretary of the Treasury may
contribute on behalf of the United States $400,000,000 to a
fund, as described in subsection (b) (in this section referred
to as the `Clean Technology Fund').
``(2) Limitations on authorization of appropriations.--For
the contribution authorized by paragraph (1), there is
authorized to be appropriated not more than $400,000,000 for
fiscal year 2009.
``(b) Requirements.--The requirements of this subsection are as
follows:
``(1) Administration.--The Clean Technology Fund is
established and administered by the Bank.
``(2) Purpose.--The purpose of the Clean Technology Fund is
to promote accelerated deployment in developing countries of
technologies that will substantially reduce greenhouse gas
emissions, by providing funds, primarily through multilateral
development banks to promising projects in developing
countries.
``(3) Coordination with the united nations framework
convention on climate change.--
``(A) In general.--The Clean Technology Fund is
required to operate in a manner that is fully
consistent and supportive of the United Nations
Framework Convention on Climate Change (in this
paragraph referred to as the `UNFCCC').
``(B) Termination of operations.--The Bank is
required to take necessary steps to conclude the
operations of the Clean Technology Fund (including by
not entering into new agreements for contributions to
the Clean Technology Fund) on the commencement of
operations of an international clean technology fund
provided for by the UNFCCC, unless the outcome of the
UNFCCC negotiations indicates otherwise.
``(4) Authority to hold undisbursed funds in interest-
bearing accounts.--Pending disbursement from the Clean
Technology Fund of amounts provided under this section, the
Bank has the authority to hold the amounts in interest-bearing
accounts of the Clean Technology Fund.
``(5) Limits on country access.--
``(A) Distribution of fund resources.--The Clean
Technology Fund is prohibited from providing more than
approximately 15 percent of Fund resources to any 1
country.
``(B) Country eligibility.--In order for a country
to be eligible for support from the Clean Technology
Fund, the country must--
``(i) submit to the governing body of the
Clean Technology Fund an investment plan that
will achieve substantial reductions in
national-level greenhouse gas emissions; and
``(ii) in the case of a country classified
by the Bank as `lower middle income' or above,
based on gross national income per capita,
contribute, from public funds, an amount equal
to 25 percent of the cost of any project for
which the country seeks assistance from the
Clean Technology Fund--
``(I) to the project; or
``(II) to the Clean Technology
Fund.
``(6) Project and program requirements.--
``(A) In general.--Support from the Clean
Technology Fund is required to be used to cover the
incremental costs of deploying clean energy
technologies that result in substantial and additional
reductions from baseline greenhouse gas emissions to
the atmosphere.
``(B) Selection criteria.--Support from the Clean
Technology Fund is required to be allocated with the
principal objectives of--
``(i) deploying `zero carbon' clean energy
technologies, such as electricity generation
from renewable sources;
``(ii) maximizing additional reductions of
greenhouse emissions per dollar of support
provided;
``(iii) catalyzing a shift within the host
country towards widespread commercial
deployment of clean energy technologies; and
``(iv) prioritizing clean technology
investments to proven privately-owned
enterprises, preferably small and medium-sized
enterprises.
``(C) Limitations on coal-related projects.--The
Clean Technology Fund is prohibited from providing
support for any new coal-fired electricity generation
facility unless--
``(i) the facility utilizes--
``(I) integrated gasification
combined cycle or ultrasupercritical
technology; or
``(II) another new technology (but
not subcritical or supercritical
technology) with an efficiency rating
equal to or greater than the efficiency
rating of the technologies referred to
in subclause (I);
``(ii) the facility would not use the
technology so utilized in the absence of
support from the Clean Technology Fund; and
``(iii) the facility is specifically
designed to accommodate retrofitting with
carbon capture and storage technology when the
technology becomes ready for commercial
deployment.
``(D) Definitions.--For purposes of this paragraph:
``(i) Additional.--The term `additional'
means the extent to which reductions in
greenhouse gas emissions are incremental to
business-as-usual, measured as the difference
between--
``(I) the baseline; and
``(II) net lifecycle greenhouse gas
emissions resulting from a project or
program, including, where practicable,
effects beyond the physical boundaries
of the project but associated with the
project activity.
``(ii) Baseline.--The term `baseline' means
the greenhouse gas emissions that would have
occurred in the absence of a project or
program.
``(iii) Clean energy technology.--The term
`clean energy technology' means an energy
supply technology or an end-use energy
efficiency technology that, as compared with
technologies being deployed at that time for
widespread commercial use in the country
involved--
``(I) achieves substantial
reductions in lifecycle emissions of
greenhouse gases, calculated on an
appropriate per unit basis; and
``(II) does not result in
significant incremental adverse effects
on public health or the environment.
``(iv) Greenhouse gas.--The term
`greenhouse gas' means any of--
``(I) carbon dioxide;
``(II) methane;
``(III) nitrous oxide;
``(IV) sulfur hexafluoride;
``(V) a hydrofluorocarbon; or
``(VI) a perfluorocarbon.
``(7) Transparency.--The Bank and the governing body of the
Clean Technology Fund shall provide for maximum transparency in
all aspects of the governance of the Clean Technology Fund,
including--
``(A) providing for broad-based input of
stakeholders in the strategic directions, results, and
impacts of the Clean Technology Fund, including through
meetings of interested governments, multilateral
development banks, United Nations agencies, the Global
Environment Facility, other multilateral and bilateral
climate programs, nongovernmental organizations,
private sector entities and scientific and technical
experts;
``(B) in the case of the governing body, engaging
in an active dialogue with representatives of
institutions with a mandate to promote investments in
clean technology to address climate change, including
by extending invitations of the institutions to attend
meetings of the governing body as observers; and
``(C) in the case of the Bank, maintaining a
clearly identified web site that includes all public
information or links to information regarding the
policies of the Clean Technology Fund, projects and
programs supported by the Clean Technology Fund,
minutes of the Trust Fund Committee meetings, annual
reports of the Clean Technology Fund and other result
measurement documents.
``(c) United States Votes on Fund Proposals and United States
Policy on Environmental Assessments.--The Secretary of the Treasury
shall--
``(1) direct the United States representative in the entity
that oversees the operations and activities of the Clean
Technology Fund to use the voice and vote of the United States
to oppose any proposal (including any loan, credit, grant, or
guarantee) which would result in the Clean Technology Fund
failing to meet the requirements of subsection (b)(3), (b)(5),
(b)(6), or (b)(7) of this section; and
``(2) encourage all the multilateral development banks to
apply environmental assessment procedures similar to those
described in section 1307 of the International Financial
Institutions Act (22 U.S.C. 262m-7) in their consideration and
implementation of Clean Technology Fund proposals.
``(d) Coordination With the International Clean Energy
Foundation.--The Secretary of the Treasury shall seek to ensure that
the duties and activities of the Clean Technology Fund are
complementary to the duties and activities of the International Clean
Energy Foundation as established by section 922 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17352).''.
(b) Report to the Congress.--Within 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall submit to the Congress a report on the operations of any
fund to which amounts made available under section 64 of the Bretton
Woods Agreements Act are provided, including a description of--
(1) any projects for which amounts have been disbursed from
the fund;
(2) the effects expected by the Secretary of each such
project (or, in the case of a project which has been
implemented, the effects of the project) on the overall
greenhouse gas emissions from the country in which the project
is being carried out;
(3) the criteria and methodology used to determine the
eligibility of proposed projects for funding from the fund;
(4) the progress made in commencing operations of the fund,
including any remaining obstacles to the operations; and
(5) any project for which amounts have been disbursed from
the fund which support coal or coal-related technologies, and a
justification for support for the project from the fund,
including a description of--
(A) the transformational nature of the project;
(B) how the project is consistent with the national
low carbon strategy of the country involved;
(C) the degree to which the project reduced
greenhouse gas emissions; and
(D) the degree to which the technology was a
higher-cost technology relative to other available
technologies.
(c) Sense of the Congress.--It is the sense of the Congress that
small and medium-sized enterprises--
(1) are an important source of technological innovation and
economic development globally;
(2) can and should play an important role in the
dissemination and implementation of innovative clean
technologies in developing countries; and
(3) should be supported through any fund referred to in
subsection (b).
SEC. 2. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND USE
OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL
DEVELOPMENT BANKS.
Title XIII of the International Financial Institutions Act (22
U.S.C. 26m--262m-7) is amended by adding at the end the following:
``SEC. 1308. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND
USE OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL
DEVELOPMENT BANKS.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of the
Treasury shall seek to ensure that each multilateral development bank
(as defined in section 1701(c)(4)) adopts and implements greenhouse gas
(GHG) accounting in analyzing the benefits and costs of individual
projects (excluding those with de minimus greenhouse gas emissions) for
which funding is sought from the bank.
``(b) Sense of the Congress.--It is the sense of the Congress that
adopting and implementing GHG accounting includes--
``(1) calculating net GHG flows;
``(2) establishing uniform calculation techniques, with
provision for modification as professional standards evolve;
``(3) making public the calculation techniques and the
calculations;
``(4) measuring GHG emissions of individual projects, and
considering global social costs of the emissions when
evaluating the economic costs and benefits of the projects; and
``(5) performing GHG accounting for each project.
``(c) Expansion of Climate Change Mitigation Activities.--The
Secretary of the Treasury shall work to ensure that the multilateral
development banks (as defined in section 1701(c)(4) of the
International Financial Institutions Act) expand their activities
supporting climate change mitigation by--
``(1) expending support for energy efficiency and renewable
energy investments;
``(2) reviewing all proposed infrastructure investments to
ensure all opportunities for integrating viable energy
efficiency measures have been considered; and
``(3) increasing their dialogue with developing country
governments on analysis and policy measures needed for low-
carbon-emission economic development, including on reforms
needed to promote private sector engagement in renewable and
energy efficiency investments, and integrate low-carbon-
emission economic development objectives into multilateral
development bank country strategies.
``(d) Report to Congress.--Within 1 year after the date of the
enactment of this section, and annually thereafter, the Secretary of
the Treasury shall submit to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report on the status of efforts to implement this section.''. | Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to contribute to a Clean Technology Fund to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions.
Requires that such Fund be established and administered by the International Bank for Reconstruction and Development (IBRD).
Prohibits the Fund from providing more than approximately 15% of Fund resources to any one country. Sets forth requirements for a country to be eligible for support from the Fund, which shall be used to cover the incremental costs of deploying clean energy technologies that result in substantial and additional reductions from baseline greenhouse gas emissions.
Prohibits the Fund from providing support for any new coal-fired electricity generation facility unless certain requirements are met.
Requires transparency in all aspects of the governance of the Fund.
Directs the Secretary to: (1) direct the U.S. representative to oppose any proposal that would result in the Fund failing to meet the requirements of this Act; (2) encourage all the multilateral development banks to apply environmental assessment procedures in their consideration of Fund proposals; and (3) ensure that the Fund complements the International Clean Energy Foundation.
Amends the the International Financial Institutions Act to direct the Secretary to seek to ensure that multilateral development banks: (1) adopt and implement greenhouse gas accounting in analyzing the benefits and costs of all projects for which bank funding is sought; and (2) expand their activities supporting climate change mitigation. | To authorize United States participation in, and appropriations for the United States contribution to, an international clean technology fund, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Cheyenne Lands Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Northern Cheyenne Tribe has depended on its lands
and land-based resources to support its way of life since time
immemorial.
(2) The Tribe has made supreme and historic sacrifices to
repossess and maintain its homeland, including its Reservation
in Montana.
(3) The Tribe currently suffers from tremendous social and
economic challenges, including a lack of employment
opportunities on the Reservation, which can be improved by
strengthening its control over its land base, natural
resources, and trust funds.
(4) The Tribe and its members are currently the beneficial
owners of over 95 percent of the surface lands on the Northern
Cheyenne Reservation and all but approximately 5,000 subsurface
acres of the Reservation.
(5) The Tribe seeks to obtain ownership of approximately
5,000 subsurface acres on its Reservation it does not own
because of an error by the United States to secure that
subsurface when the Reservation was expanded in 1900.
(6) In 2002, the Tribe agreed by settlement to dismiss its
lawsuit against the United States, which alleged that the
United States failed to protect the Reservation from the
impacts of coal development, in return for assistance in
securing tribal ownership of those subsurface rights
substantially in the form of this Act, and to secure mitigation
funding to address the impacts of coal development in areas
adjacent to the Reservation, among other conditions.
(7) To increase tribal ownership of the surface lands, the
Tribe has purchased approximately 932 acres of land within its
Reservation that were taken out of trust ownership status for
various reasons.
(8) The Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for its members, as well as for members of other tribes.
(9) The Tribe now seeks to have the aforementioned lands
and subsurface within the Reservation and Bear Butte lands
taken into trust on its behalf by the United States.
(10) If the actions authorized by this Act are completed,
the Tribe will waive all legal claims against the United States
arising out of the longstanding loss of the subsurface rights
and arising out of the United States management of the Northern
Cheyenne Trust Fund.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project which
was entered into by the Tribe, the State of Montana, and
delegates of the Secretary of the Interior, and managed by the
Office of Special Trustee in the Department of the Interior.
(2) Great northern properties.--The term ``Great Northern
Properties'' means the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership.
(3) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Tribe Permanent Fund managed by the Northern
Cheyenne Tribe pursuant to the Plan for Investment, Management
and Use of the Fund, as amended by vote of the Tribal
membership on November 2, 2010.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall take the approximately 1,568 acres of land depicted
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands''
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26,
2014, into trust for the benefit of the Northern Cheyenne Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--Not later than 60 days
after the date on which the Secretary receives the notification
described in subsection (d), in a single transaction--
(1) Great Northern Properties shall convey to the Tribe all
right, title, and interest of Great Northern Properties,
consisting of coal and iron ore mineral interests, underlying
the land on the Northern Cheyenne Reservation generally
depicted as ``Great Northern Properties'' on the map entitled
``Northern Cheyenne Land Act--Coal Tracts'' and dated February
27, 2014;
(2) the Secretary shall convey to Great Northern Properties
all right, title, and interest of the United States in and to
the coal mineral interests underlying the land generally
depicted as ``Bull Mountains'' and ``East Fork'' on the map
entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated
February 27, 2014; and
(3) the Secretary shall ensure that the deed for the
conveyance authorized by paragraph (2) shall include a
covenant, running with the land--
(A) that precludes the coal conveyed from being
mined by methods other than underground mining
techniques until any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e)))
for any specific tract has given written consent to
Great Northern Properties to enter such specific tract
and commence surface mining; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
(b) Trust Status.--Upon tribal request, the coal and iron ore
mineral interests conveyed to the Tribe under this section shall be
held in trust by the United States for the benefit of the Tribe.
(c) Immunities.--The right, title, and interests conveyed to the
Tribe under subsection (a)(1) shall not be subject to taxation by the
State of Montana (including any political subdivision of the State of
Montana).
(d) Revenue Sharing Agreement.--Consistent with the Settlement
Agreement entered into effective February 19, 2002, by the Montana
State Board of Land Commissioners and the Tribe, the Tribe and Great
Northern Properties have agreed on a formula for sharing revenue from
development of the Northern Cheyenne Federal Tracts in the event that
the Northern Cheyenne Federal Tracts are developed at a later date. The
Tribe shall notify the Secretary in writing that the revenue sharing
agreement remains in effect.
(e) Waiver of Legal Claims.--In return for the conveyances of
mineral interests under subsection (a)--
(1) the Tribe shall waive any and all claims arising from
the continuing failure of the United States to acquire the
private coal and iron ore mineral interests identified in
subsection (a)(1) in trust for the Tribe as part of the
Reservation as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any claim against
the United States relating to the value or completion of the
conveyances under subsection (a).
(f) Rescission of Mineral Conveyances.--If any portion of the
mineral conveyances under subsection (a) is invalidated by a court of
competent jurisdiction and the judgment of that court is not vacated or
reversed on appeal--
(1) not later than 1 year after the date on which there is
a final judgment, the Secretary or Great Northern Properties
may rescind completely each mineral conveyance under subsection
(a); and
(2) if the Secretary or Great Northern Properties carries
out a rescission under paragraph (1), the waiver of the Tribe
under this section shall be considered to be rescinded.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) Transfer of Fund.--Not later than 30 days after the date of the
enactment of this Act, the Fund shall be transferred to the Tribe and
deposited into the Tribe's Permanent Fund.
(b) Permitted Uses of Fund.--The principal of the Fund, upon
deposit in the Permanent Fund, shall be maintained in perpetuity, and
the earnings of the Permanent Fund shall be used as provided in the
Northern Cheyenne Tribe Permanent Fund Plan.
(c) Waiver of Legal Claims.--In return for transfer of the Fund
under subsection (a), the Tribe shall waive any and all claims arising
from the United States management of the Fund.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other benefits provided to the Tribe under this Act
shall result in the reduction or denial of any Federal services,
benefits, or programs to the Tribe or to any member of the Tribe to
which the Tribe or member is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe. | Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,568 acres of land in Montana into trust for the Northern Cheyenne Tribe. Requires Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation in exchange for U.S. coal mineral interests underlying the land referred to as Bull Mountains and East Fork. Sets forth conditions on the conveyance to Great Northern Properties. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant that precludes surface mining of the coal unless certain conditions are met. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Sets forth conditions regarding waiver of claims by the Tribe and Great Northern Properties. Requires the Northern Cheyenne Trust Fund to be transferred to the Tribe in exchange for the Tribe waiving all of its claims arising from U.S. management of the Fund. | Northern Cheyenne Lands Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2007''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) by amending paragraph (4) to read as follows:
``(4) award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security
duties;'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine;
``(17) establish criminal gang enforcement task forces,
consisting of members of Federal, State, and local law
enforcement authorities (including Federal, State, and local
prosecutors), for the coordinated investigation, disruption,
apprehension, and prosecution of criminal gangs and offenders
involved in local or multi-jurisdictional gang activities; and
``(18) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who has been honorably discharged from the Armed
Forces of the United States.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this paragraph.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated--
(A) by striking ``the Federal share shall decrease
from year to year for up to 5 years'' and inserting
``unless the Attorney General waives the non-Federal
contribution requirement as described in the preceding
sentence, the non-Federal share of the costs of hiring
or rehiring such officers may be less than 25 percent
of such costs for any year during the grant period,
provided that the non-Federal share of such costs shall
not be less than 25 percent in the aggregate for the
entire grant period, but the State or local government
should make an effort to increase the non-Federal share
of such costs during the grant period''; and
(B) by adding at the end the following new
sentence: ``The preceding sentences shall not apply
with respect to any program, project, or activity
provided by a grant made pursuant to subsection
(b)(4).''; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall''; and
(B) in paragraph (8), by striking ``share of the
cost'' and all that follows and inserting ``share of
the costs during the grant period, how the applicant
will maintain the increased hiring level of the law
enforcement officers, and how the applicant will
eventually assume responsibility for all of the costs
for such officers;''; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except as provided in subsection (b), a grant
made under this part may be renewed, without limitations on the
duration of such renewal, to provide additional funds if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
``(b) Grants for Hiring.--Grants made under this part for hiring or
rehiring additional career law enforcement officers may be renewed for
up to 5 years, except that the Attorney General may waive such 5-year
limitation for good cause.
``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a)--
(A) by striking ``that would, in the absence of
Federal funds received under this part, be made
available from State or local sources'' and inserting
``that the Attorney General determines would, in the
absence of Federal funds received under this part, be
made available for the purpose of the grant under this
part from State or local sources''; and
(B) by adding at the end the following new
sentence: ``The preceding sentence shall not apply with
respect to funds made available under this part by a
grant made pursuant to subsection (a) for the purposes
described in subsection (b)(4).''; and
(2) by striking subsection (c).
(e) Study of Program Effectiveness.--Section 1705 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is
amended by adding at the end the following new subsection:
``(d) Study of Program Effectiveness.--
``(1) In general.--The Attorney General shall provide for a
scientific study of the effectiveness of the programs,
projects, and activities funded under this part in reducing
crime.
``(2) Study.--The Attorney General shall select one or more
institutions of higher education, including historically Black
colleges and universities, to conduct the study described in
paragraph (1).
``(3) Reports.--Not later than 4 years after the date of
the enactment of the COPS Improvements Act of 2007, the
institution or institutions selected under paragraph (2) shall
report the findings of the study described in paragraph (1) to
the Attorney General. Not later than 30 days after the receipt
of such report, the Attorney General shall report such findings
to the appropriate committees of Congress, along with any
recommendations the Attorney General may have relating to the
effectiveness of the programs, projects, and activities funded
under this part in reducing crime.''.
(f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(1) in the section heading, by striking ``revocation or
suspension of funding'' and inserting ``enforcement actions'';
and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(g) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by
inserting ``who is a sworn law enforcement officer'' after ``permanent
basis''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``1,150,000,000 for each of fiscal years 2008 through 2013'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3 percent
may be used for technical assistance under section
1701(d)'' and inserting ``5 percent may be used for
technical assistance under section 1701(f)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(i) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(j) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''.
SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall submit to Congress a report on the Public Safety and
Community Policing (``COPS ON THE BEAT'') grant program authorized by
part Q of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.), including the elements described in
subsection (b).
(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following, with respect to the grant
program described in such subsection:
(1) The effect of the program on the rate of violent crime,
drug offenses, and other crimes.
(2) The degree to which State and local governments awarded
a grant under the program contribute State and local funds,
respectively, for law enforcement programs and activities.
(3) Any waste, fraud, or abuse within the program.
(c) Random Sampling Required.--For purposes of subsection (a), the
Inspector General of the Department of Justice shall audit and review a
random sampling of State and local law enforcement agencies. Such
sampling shall include--
(1) law enforcement agencies of various sizes;
(2) law enforcement agencies that serve various
populations; and
(3) law enforcement agencies that serve areas of various
crime rates.
Passed the House of Representatives May 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | COPS Improvements Act of 2007 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for: (1) the hiring or training of law enforcement officers for intelligence, anti-terror, and homeland security duties; (2) the hiring of school resource officers; (3) school-based partnerships between local law enforcement agencies and schools to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools; (4) innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; (5) criminal gang enforcement task forces; and (6) enhanced community policing and crime prevention grants that meet emerging law enforcement needs.
Allows COPS program grants to be used to hire former members of the Armed Forces to serve as career law enforcement officers for community-oriented policing, particularly in communities adversely affected by a recent military base closing.
Authorizes the Attorney General to make grants to: (1) assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and (2) develop new technologies to assist state and local law enforcement agencies in crime prevention.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program.
Authorizes the Attorney General to renew COP program grants if grant recipients can demonstrate significant progress in achieving the objectives of the initial grant application.
Requires the Attorney General to select one or more institutions of higher education, including historically Black colleges and universities, to conduct a scientific study of the effectiveness of the programs, projects, and activities funded by the COPS program. Requires such institutions to report on on their studies to the Attorney General not later than four years after the enactment of this Act. Requires the Attorney General to report to Congress on such studies.
Increases and extends through FY2013 the authorization of appropriations for the COPS program. Increases from 3 to 5% the amount of funds available for technical assistance. Specifies amounts to be made available for hiring officers and prosecutors, and for technology grants.
(Sec. 3) Requires the Inspector General of the Department of Justice to report to Congress on the COPS program, including information on: (1) the effect of the program on the rate of violent crime, drug offenses, and other crimes; (2) the degree to which state and local governments awarded a COPS grant contribute funds for law enforcement programs and activities; and (3) any waste, fraud, or abuse in the program. Requires the Inspector General to audit and review a random sampling of state and local law enforcement agencies in preparing such report. | To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson and the legacy that Jackie Robinson left to society, the
Secretary of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue not more than 500,000 $1 coins,
each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of Jackie Robinson and his
contributions to major league baseball and to society.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation (hereafter in this Act referred to
as the ``Foundation'') and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on April 15, 1997, and
ending on April 15, 1998.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 10(a), all surcharges received
by the Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the Foundation for the purposes of--
(1) enhancing the programs of the Foundation in the fields
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for
economically disadvantaged youths.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Foundation as may be related to the expenditures of amounts
paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary of the
Treasury that, with respect to all projects or purposes for
which the proceeds of such surcharge may be used, the
Foundation has raised funds from private sources for such
projects and purposes in an amount which is equal to or greater
than the maximum amount the Foundation may receive from the
proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary of
the Treasury; and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary of the Treasury
may waive the application of any paragraph of this subsection
to the Foundation for any fiscal year after taking into account
the amount of surcharges which such Foundation received or
expended during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act. | Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act. | Jackie Robinson Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 2003''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to
make all reasonable efforts through negotiations to settle
their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for
in any applicable agreement for the settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
sector can prevent industrial strife between labor and
management that interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, political
subdivision of a State, the District of Columbia, or any
territory or possession of the United States that employs
public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment and related matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204(5) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(5)).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(9) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements of
this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If no
such State law is in effect, the term means an individual, employed by
a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b). In making such
determinations, the Authority shall consider and give weight,
to the maximum extent practicable, to the opinion of affected
parties.
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Director shall issue a subsequent determination not
later than 30 days after receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the Authority
under this section may, during the 60 day period beginning on
the date on which the determination was made, petition any
United States Court of Appeals in the circuit in which the
person resides or transacts business or in the District of
Columbia circuit, for judicial review. In any judicial review
of a determination by the Authority, the procedures contained
in subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed, except that any final
determination of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines that the Authority's decision was arbitrary and
capricious.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider whether State
law provides rights and responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Requiring an interest impasse resolution mechanism,
such as fact-finding, mediation, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
provided by State law and enumerated in this section;
and
(B) any written contract or memorandum of
understanding.
(c) Failure To Meet Requirements.--
(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and
responsibilities described in subsection (b), such State shall
be subject to the regulations and procedures described in
section 5.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 2 years after the date of enactment of this Act.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures for public safety employers and
officers in States which the Authority has determined, acting pursuant
to its authority under section 4(a), do not substantially provide for
such rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The Authority,
to the extent provided in this Act and in accordance with regulations
prescribed by the Authority, shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code, except that any final
order of the Authority with respect to questions of fact or law
shall be found to be conclusive unless the court determines
that the Authority's decision was arbitrary and capricious.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1),
any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by this
subsection to bring a suit to enforce compliance with any order
issued by the Authority pursuant to this section shall
terminate upon the filing of a petition seeking the same relief
by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization may not
engage in a lockout, sickout, work slowdown, or strike or engage in any
other action that is designed to compel an employer, officer, or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer, officer, or
labor organization to refuse to provide services not required by the
terms and conditions of an existing contract.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to invalidate or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State or jurisdiction that provides collective bargaining
rights for public safety officers that are equal to or greater
than the rights provided under this Act;
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement that require union
membership or payment of union fees as a condition of
employment;
(3) to invalidate any State law in effect on the date of
enactment of this Act that substantially provides for the
rights and responsibilities described in section 4(b) solely
because such State law permits an employee to appear on his or
her own behalf with respect to his or her employment relations
with the public safety agency involved; or
(4) to permit parties subject to the National Labor
Relations Act (29 U.S.C. 151 et seq.) and the regulations under
such Act to negotiate provisions that would prohibit an
employee from engaging in part-time employment or volunteer
activities during off-duty hours; or
(5) to prohibit a State from exempting from coverage under
this Act a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25 full
time employees.
For purposes of paragraph (5), the term ``employee'' includes each and
every individual employed by the political subdivision except any
individual elected by popular vote or appointed to serve on a board or
commission.
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions if such laws provide collective
bargaining rights for public safety officers that are equal to or
greater than the rights provided under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Public Safety Employer-Employee Cooperation Act of 2003 - Provides collective bargaining rights for public safety officers employed by States or local governments.
(Sec. 2) Sets forth a declaration of U.S. policy regarding the need for: (1) labor-management cooperation in public safety agencies; (2) encouraging conciliation, mediation, and voluntary arbitration to help public safety employers and employees reach and maintain agreements concerning pay rates, hours, and working conditions, and to negotiate to settle differences by mutual agreement reached though collective bargaining or other methods provided in an agreement for dispute settlement; and (3) providing minimal standards for collective bargaining negotiations in the public safety sector.
(Sec. 4) Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sick-outs, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 8) Provides that nothing in this Act shall be construed to: (1) invalidate or limit the remedies, rights, and procedures of any State or local law that provides collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act; (2) prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) invalidate any State law in effect on the date of enactment of this Act that substantially provides for the rights and responsibilities specified by this Act solely because such State law permits employees to appear on their own behalf with respect to their employment relations with the public safety agency involved; (4) permit parties subject to the National Labor Relations Act and its regulations to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; or (5) prohibit a State from exempting from coverage under this Act a local government that serves a population of less than 5,000 or that employs less than 25 full-time employees (not including individuals elected by popular vote or appointed to serve on a board or commission). Prohibits any State from preempting local government laws or ordinances that provide collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act. (Sec. 9) Authorizes appropriations. | A bill to provide collective bargaining rights for public safety officers employed by States or their political subdivisions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price Gouging Act of 2005''.
SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended--
(1) by redesignating sections 25 and 26 (15 U.S.C. 57c, 58)
as sections 26 and 27, respectively; and
(2) by inserting after section 24 (15 U.S.C. 57b-5) the
following:
``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS.
``(a) Definitions.--In this section:
``(1) Affected area.--The term `affected area' means an
area affected by a major disaster declared by the President
under Federal law in existence on the date of enactment of this
subsection.
``(2) Price gouging.--The term `price gouging' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
``(3) Supplier.--The term `supplier' means any person that
sells gasoline or diesel fuel for resale or ultimate
consumption.
``(4) Unconscionably excessive price.--The term
`unconscionably excessive price' means a price charged in an
affected area for gasoline or diesel fuel that--
``(A) represents a gross disparity, as determined
by the Commission in accordance with subsection (e),
between the price charged for gasoline or diesel fuel
and the average price of gasoline or diesel fuel
charged by suppliers in the affected area during the
30-day period immediately before the President declares
the existence of a major disaster; and
``(B) is not attributable to increased wholesale or
operational costs incurred by the supplier in
connection with the sale of gasoline or diesel fuel.
``(b) Determination of the Commission.--Following the declaration
of a major disaster by the President, the Commission shall--
``(1) consult with the Attorney General, the United States
Attorney for the district in which the disaster occurred, and
State and local law enforcement officials to determine whether
any supplier in the affected area is charging or has charged an
unconscionably excessive price for gasoline or diesel fuel
provided in the affected area; and
``(2) establish within the Commission--
``(A) a toll-free hotline that a consumer may call
to report an incidence of price gouging in the affected
area; and
``(B) a program to develop and distribute to the
public informational materials in English and Spanish
to assist residents of the affected area in detecting
and avoiding price gouging.
``(c) Price Gouging Involving Disaster Victims.--
``(1) Offense.--During the 180-day period after the date on
which a major disaster is declared by the President, no
supplier shall sell, or offer to sell, gasoline or diesel fuel
in an affected area at an unconscionably excessive price.
``(2) Action by commission.--
``(A) In general.--During the period described in
paragraph (1), the Commission shall conduct
investigations to determine whether any supplier in an
affected area is in violation of paragraph (1).
``(B) Positive determination.--If the Commission
determines under subparagraph (A) that a supplier is in
violation of paragraph (1), the Commission shall take
any action the Commission determines to be appropriate
to remedy the violation.
``(3) Civil penalties.--A supplier that commits an offense
described in paragraph (1) may, in a civil action brought in a
court of competent jurisdiction, be subject to--
``(A) a civil penalty of not more than $500,000;
``(B) an order to pay special and punitive damages;
``(C) an order to pay reasonable attorney's fees;
``(D) an order to pay costs of litigation relating
to the offense;
``(E) an order for disgorgement of profits earned
as a result of a violation of paragraph (1); and
``(F) any other relief determined by the court to
be appropriate.
``(4) Criminal penalty.--A supplier that knowingly commits
an offense described in paragraph (1) shall be imprisoned not
more than 1 year.
``(5) Action by victims.--A person, Federal agency, State,
or local government that suffers loss or damage as a result of
a violation of paragraph (1) may bring a civil action against a
supplier in any court of competent jurisdiction for
disgorgement, special or punitive damages, injunctive relief,
reasonable attorney's fees, costs of the litigation, and any
other appropriate legal or equitable relief.
``(6) Action by state attorneys general.--An attorney
general of a State, or other authorized State official, may
bring a civil action in the name of the State, on behalf of
persons residing in the State, in any court of competent
jurisdiction for disgorgement, special or punitive damages,
reasonable attorney's fees, costs of litigation, and any other
appropriate legal or equitable relief.
``(7) No preemption.--Nothing in this section preempts any
State law.
``(d) Report.--Not later than 1 year after the date of enactment of
this subsection, and annually thereafter, the Commission shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing--
``(1) the number of price gouging complaints received by
the Commission for each major disaster declared by the
President during the preceding year;
``(2) the number of price gouging investigations of the
Commission initiated, in progress, and completed as of the date
on which the report is prepared;
``(3) the number of enforcement actions of the Commission
initiated, in progress, and completed as of the date on which
the report is prepared;
``(4) an evaluation of the effectiveness of the toll-free
hotline and program established under subsection (b)(2); and
``(5) recommendations for any additional action with
respect to the implementation or effectiveness of this section.
``(e) Definition of Gross Disparity.--Not later than 180 days after
the date of enactment of this subsection, the Commission shall
promulgate regulations to define the term `gross disparity' for
purposes of this section.''.
SEC. 3. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act, affects any
authority of the Federal Trade Commission in existence on the date of
enactment of this Act with respect to price gouging actions. | Price Gouging Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following the declaration of a major disaster by the President in order to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging.
Prohibits unconscionably excessive prices for any gasoline or diesel fuel in an affected area during the 180-day period after the date on which a major disaster is declared by the President.
Subjects violations of this Act to specified civil and criminal penalties.
Authorizes victims and state Attorneys General to bring a civil action against violators of this Act. | A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Partnership Program
Enhancement Act of 2015''.
SEC. 2. MODIFICATION AND EXTENSION OF NATIONAL GUARD STATE PARTNERSHIP
PROGRAM.
(a) Authority.--Subsection (a)(1) of section 1205 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 897; 32 U.S.C. 107 note) is amended--
(1) by striking ``whose primary functions include disaster
response or emergency response,''; and
(2) by adding at the end before the period the following:
``to support the national interests and security cooperation
goals and objectives of the United States as defined by the
current and evolving national global strategic policies of the
United States''.
(b) Limitation.--Subsection (b) of such section is amended by
striking ``whose primary functions include disaster response or
emergency response''.
(c) Regulations.--Subsection (c) of such section is amended to read
as follows:
``(c) Regulations.--
``(1) Role of chief of the national guard bureau.--The
Chief of the National Guard Bureau shall--
``(A) establish, maintain, and update as
appropriate a list of core competencies of the National
Guard to support each program established under
subsection (a), collectively and for each State and
territory, and shall submit to the Secretary of Defense
and the Secretary of State the list of core
competencies of the National Guard and additional
information needed to make use of such core
competencies; and
``(B) designate a director for each State and
territory who shall be responsible for the conduct of
activities under a program established under subsection
(a) for such State or territory and reporting on
activities under the program.
``(2) Role of secretary of defense.--The Secretary of
Defense shall ensure that regulations to carry out this section
include planning, coordinating, and execution requirements with
the commanders of applicable combatant commands and that
activities under a program established under subsection (a)
meet the relevant theater security cooperation objectives.
``(3) Role of secretary of state.--The Secretary of State
shall ensure that the regulations to carry out this section
include planning, coordinating, and execution requirements with
the relevant chiefs of mission and that activities under a
program established under subsection (a) meet the diplomatic
objectives of the Department of State.''.
(d) National Guard State Partnership Program Fund.--Subsection (d)
of such section is amended to read as follows:
``(d) National Guard State Partnership Program Fund.--
``(1) Establishment.--There is hereby established on the
books of the Treasury the National Guard State Partnership
Program Fund (in this subsection referred to as the `Fund').
``(2) Credits to fund.--There shall be credited to the Fund
the following:
``(A) Amounts authorized for and appropriated to
the Fund.
``(B) Amounts that the Secretary of Defense
transfers, in such amounts as provided in
appropriations Acts, to the Fund from amounts
authorized and appropriated to the Department of
Defense, including amounts authorized to be
appropriated for the Army National Guard and the Air
National Guard.
``(3) Use of amounts in fund.--In such amounts as provided
in appropriations Acts, the Secretary of Defense may use
amounts in the Fund--
``(A) for payment of costs incurred by the National
Guard of a State or territory to conduct activities
under a program established under subsection (a),
including costs for personnel, training, operations,
and equipment; and
``(B) for payment of incremental expenses of a
foreign country to conduct activities under a program
established under subsection (a).
``(4) Limitations.--
``(A) Active duty requirement.--Amounts shall not
be available under paragraph (3) for the participation
of a member of the National Guard of a State or
territory in activities in a foreign country unless the
member is on active duty in the Armed Forces at the
time of such participation.
``(B) Incremental expenses.--The total amount of
payments for incremental expenses of foreign countries
as authorized under paragraph (3)(B) for activities
under programs established under subsection (a) in any
fiscal year may not exceed $10,000,000.''.
(e) Annual Report.--Subsection (e) of such section is amended--
(1) by striking ``(e) Reports and Notifications.--'' and
all that follows through ``(B) Matters to be included.--'' and
inserting the following:
``(e) Annual Report.--
``(1) In general.--Not later than January 31 of each year
following a fiscal year in which activities under a program
established under subsection (a) are carried out, the Secretary
of Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report on
such activities under the program.
``(2) Matters to be included.--'';
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and adjusting the
margin of such subparagraphs, as so redesignated, two ems to
the left; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (C) (as redesignated), by
inserting ``or other government organizations'' after
``and security forces'';
(B) in subparagraph (D) (as redesignated), by
adding at the end before the period the following: ``or
chief of mission'';
(C) in subparagraph (E) (as redesignated), by
adding at the end before the period the following: ``or
how the activities support the chief of mission with
responsibilities for the country in which the
activities occurred''; and
(D) by adding at the end the following:
``(F) A performance review of activities conducted
during the previous year using metrics developed by the
Chief of the National Guard Bureau.''.
(f) Definitions.--Subsection (g) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Core competencies.--The term `core competencies' or
`core competencies of the National Guard' means military-to-
military and military-to-civilian skills and capabilities of
the National Guard that would contribute the purpose of the
program established under subsection (a).''; and
(3) by adding at the end the following:
``(4) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.''.
(g) Repeal of Termination.--Such section is further amended by
striking subsection (i). | State Partnership Program Enhancement Act of 2015 Amends the National Defense Authorization Act for Fiscal Year 2014 to revise and extend indefinitely the authority of the Department of Defense (DOD) to establish exchange programs for members of the National Guard under the National Guard State Partnership Program (SPP). (Currently, the authority is scheduled to terminate on September 30, 2016.) Requires the National Guard Bureau to: (1) maintain a list of core competencies of the National Guard to support SPP activities, and (2) designate a director for each state and territory. Requires DOD to coordinate SPP regulations with combatant commanders to ensure that program activities meet theater security cooperation objectives. Requires the Department of State to coordinate such regulations with relevant chiefs of mission to meet diplomatic objectives. Establishes the National Guard State Partnership Program Fund in the Treasury, into which appropriated amounts shall be credited and transferred for program activity uses, including payment of costs for personnel, training, operations, and equipment. | State Partnership Program Enhancement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2008'' or the ``HEATR Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000.
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2009, each of the dollar amounts contained in
subsections (a)(2) and (b)(1)(A) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2009, and
``(ii) the dollar amount contained in
subsection (b)(1)(A), the cost-of-living
adjustment determined under section 1(f)(3) for
2009 by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2009 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2008, exceeds
``(ii) the CPI fuel component for October
of 2007.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If the dollar
amount in subsection (b)(1)(A) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2010.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500. | To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 3. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 4. Application of revised rate of insured unemployment.
Sec. 5. Additional TEUC extended benefit period trigger.
Sec. 6. Additional weeks of benefits for workers in high unemployment
States.
Sec. 7. Effective date.
SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 30) is amended to read as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2003.
``(b) Transition.--In the case of an individual who is receiving
temporary emergency unemployment compensation for the week which
immediately precedes July 1, 2003, temporary emergency unemployment
compensation shall continue to be payable to such individual for any
week thereafter from the account from which such individual received
compensation for the week which includes such termination date. No
compensation shall be payable by reason of the preceding sentence for
any week beginning after October 14, 2003.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21).
SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
Paragraph (1) of section 203(b) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT.
Section 207 of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 116 Stat. 21) is amended--
(1) by striking ``In this title, the terms'' and inserting
the following: ``In this title:
``(1) General definitions.--The terms''; and
(2) by adding at the end the following new paragraph:
``(2) Adjusted insured unemployment rate.--For weeks of
unemployment beginning on or after the date of enactment of the
Emergency Unemployment Compensation Act of 2002, the term `rate
of insured unemployment' has the meaning given that term in
section 203(e)(1) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note), except that
individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are
available before the close of the period for which such rate is
being determined shall be taken into account as if they were
individuals filing claims for regular compensation for each
week during the period for which such rate is being
determined.''.
SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER.
(a) In General.--Section 203(c) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended by adding at the end the following new paragraph:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of the Emergency
Unemployment Compensation Act of 2002, an agreement
under this title shall provide that, in addition to any
other extended benefit period trigger, for purposes of
beginning or ending any extended benefit period under
this section--
``(i) there is a State `on' indicator for a
week if--
``(I) the average rate of total
unemployment in such State (seasonally
adjusted) for the period consisting of
the most recent 3 months for which data
for all States are published before the
close of such week equals or exceeds 6
percent; and
``(II) the average rate of total
unemployment in such State (seasonally
adjusted) for the 3-month period
referred to in clause (i) equals or
exceeds 110 percent of such average
rate for either (or both) of the
corresponding 3-month periods ending in
the 2 preceding calendar years; and
``(ii) there is a State `off' indicator for
a week if either the requirements of subclause
(I) or (II) of clause (i) are not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(b) Conforming Amendment.--Section 203(c)(1) of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''.
SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT
STATES.
Section 203(c)(1) of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended
by striking ``an amount equal to the amount originally established in
such account (as determined under subsection (b)(1))'' and inserting
``7 times the individual's weekly benefit amount for the benefit
year''.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply with respect to weeks of unemployment beginning on
or after the date of enactment this Act. | Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate. | A bill to provide economic security for America's workers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Advances in scientific knowledge reveal that our
nearest living relatives, great apes (including chimpanzees,
bonobos, gorillas, orangutans and gibbons), bear an exceedingly
close genetic relationship to humans.
(2) Great apes are highly intelligent and social animals
and research laboratory environments involving invasive
research cannot meet their complex social and psychological
needs.
(3) Confinement of great apes for purposes of invasive
research causes these intelligent and sentient animals to
experience harmful stress and suffering, such as profound
depression and withdrawal, self mutilation that can result in
physical wounding, hair pulling, rocking, and other traumatized
or psychotic behaviors.
(4) Invasive research performed on great apes, and the
breeding of great apes for these purposes, are economic in
nature and substantially affect interstate commerce.
(5) The majority of invasive research and testing conducted
on great apes in the United States is for the end purpose of
developing drugs, pharmaceuticals, and other products to be
sold in the interstate market.
(6) The total costs associated with great ape research have
a direct economic impact on interstate commerce.
(7) Care in a research laboratory for a single great ape
over the lifespan of the great ape of more than 50 years can
cost between $300,000 and $500,000, compared to an approximate
cost of $275,000 for high quality care in a sanctuary.
(8) An overwhelming majority of invasive research
procedures performed on great apes involve some element of
interstate commerce, such that great apes, equipment, and
researchers have traveled across state lines.
(9) The regulation of animals and activities as provided in
this Act are necessary to effectively regulate interstate and
foreign commerce.
(10) Australia, Austria, Japan, the Netherlands, New
Zealand, Sweden, and the United Kingdom have banned or severely
limited experiments on great apes and several other countries
and the European Union are considering similar bans as well.
(11) The National Research Council (NRC) report entitled
``Chimpanzees in Research and Strategies for their Ethical
Care, Management, and Use,'' concluded that--
(A) there is a ``moral responsibility'' for the
long-term care of chimpanzees used for scientific
research;
(B) there should be a moratorium on further
chimpanzee breeding;
(C) euthanasia as a means of general chimpanzee
population control is unacceptable; and
(D) sanctuaries should be created to house
chimpanzees in a manner consistent with high standards
of lifetime care, social enrichment, and cognitive
development.
(12) In December 2000, the Chimpanzee Health Improvement,
Maintenance, and Protection (CHIMP) Act was signed into law,
requiring the Federal Government to provide for permanent
``retirement'' of chimpanzees who are identified ``as no longer
being needed in research''.
(13) In May 2007, the National Institutes of Health's
National Center for Research Resources' (NCRR) decided to
permanently end funding for the breeding of Government-owned
chimpanzees for research.
(b) Purposes.--The purpose of this Act is to--
(1) prohibit invasive research and the funding of such
research both within and outside of the United States on great
apes;
(2) prohibit the transport of great apes for purposes of
invasive research;
(3) prohibit the breeding of great apes for purposes of
invasive research; and
(4) require the permanent retirement of federally owned
great apes.
SEC. 3. PROHIBITIONS.
(a) Invasive Research Prohibition.--No person shall conduct
invasive research on a great ape.
(b) Federal Funding Prohibition.--No Federal funds may be used to
conduct invasive research on a great ape.
(c) Transport Prohibition.--No person shall knowingly import,
export, transport, move, deliver, receive, possess, rent, loan,
purchase, or sell a great ape for the purpose of conducting invasive
research on such great ape.
(d) Breeding Prohibition.--No person shall breed a great ape for
use in invasive research.
(e) Exemption.--Nothing in this Act shall be construed to limit or
prevent individualized medical care performed on a great ape by a
licensed veterinarian for the benefit of the great ape.
SEC. 4. RETIREMENT.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall provide for the permanent retirement of all
great apes owned or under the control of the Federal Government that
have been used for invasive research.
(b) Exception.--The Secretary of Health and Human Services may
provide for the euthanizing of a great ape owned or under the control
of the Federal Government that has been used for invasive research if
euthanasia is in the best interests of such great ape, as determined by
an attending veterinarian and endorsed by a second, unaffiliated
veterinarian.
SEC. 5. DEFINITIONS.
In this Act:
(a) Great Ape.--The term ``great ape'' includes a chimpanzee,
gorilla, bonobo, orangutan, or gibbon.
(b) Invasive Research.--The term ``invasive research''--
(1) means any experimental research that may cause death,
bodily injury, pain, distress, fear, injury, or trauma to a
great ape, including--
(A) the testing of any drug or intentional exposure
to a substance that may be detrimental to the health of
a great ape;
(B) research that involves penetrating or cutting
the body or removing body parts, restraining,
tranquilizing, or anesthetizing a great ape; or
(C) isolation, social deprivation, or other
experimental physical manipulations that may be
detrimental to the health or psychological well-being
of a great ape; and
(2) does not include--
(A) close observation of natural or voluntary
behavior of a great ape, provided that the research
does not require removal of the great ape from the
social group or environment of such great ape or
require an anesthetic or sedation event to collect data
or record observations; or
(B) post-mortem examination of a great ape
following the natural death of such great ape.
(c) Permanent Retirement.--The term ``permanent retirement''--
(1) means that a great ape is placed in a suitable
sanctuary that will provide for the lifetime care of the great
ape and such great ape will not be used in further invasive
research; and
(2) does not include euthanasia.
(d) Person.--The term ``person'' means--
(1) an individual, corporation, partnership, trust,
association, or any other private entity,
(2) any officer, employee, agent, department, or
instrumentality of the Federal Government, a State,
municipality, or political subdivision of a State; or
(3) any other entity subject to the jurisdiction of the
United States.
(e) Suitable Sanctuary.--The term ``suitable sanctuary'' means--
(1) the system referred to in section 481C(a) of the Public
Health Service Act (42 U.S.C. 287a-3a(a)); or
(2) a comparable privately funded sanctuary approved by the
Secretary of Health and Human Services.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 3 years after the
date of the enactment of this Act. | Great Ape Protection Act - Prohibits: (1) persons from conducting invasive research on great apes; (2) federal funds from being used to conduct such research; (3) persons from knowingly importing, exporting, transporting, moving, delivering, receiving, possessing, renting, loaning, purchasing, or selling great apes for such research; and (4) persons from breeding great apes for use in such research.
Declares that this Act does not limit or prevent individualized medical care performed on great apes by licensed veterinarians for the benefit of the great apes.
Requires the Secretary of Health and Human Services (HHS) to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that have been used for invasive research. Authorizes the Secretary to provide for the euthanizing of such apes if it is in their best interest as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian.
Defines "invasive research" to mean experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes. Excludes: (1) close observation of natural or voluntary behavior, provided that it does not require the removal of apes from their social group or environment or require an anesthetic or sedation event to collect data or record observations; or (2) post-mortem examinations of great apes following their natural death. | To prohibit the conducting of invasive research on great apes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earmark Elimination Act of 2018''.
SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.
(a) Prohibition.--
(1) In general.--It shall not be in order in the House of
Representatives to consider any bill, joint resolution,
amendment, or conference report if the bill, joint resolution,
amendment, or conference report, or any accompanying report or
joint explanatory statement of managers, includes a
congressional earmark, limited tax benefit, or limited tariff
benefit.
(2) Procedure.--If a point of order is raised under
paragraph (1) with respect to a congressional earmark, limited
tax benefit, or limited tariff benefit and the point of order
is sustained, the congressional earmark, limited tax benefit,
or limited tariff benefit shall be deemed to be stricken from
the measure involved.
(3) Special procedure for conference report and amendments
between the houses.--
(A) In general.--If a point of order is raised and
sustained under paragraph (1) with respect to a
conference report or a motion that the House recede
from its disagreement to a Senate amendment and concur
therein, with or without amendment, then after
disposition of all such points of order the conference
report or motion, as the case may be, shall be
considered as rejected and the matter remaining in
disagreement shall be disposed of under subparagraph
(B) or (C), as the case may be.
(B) Conference reports.--After the House has
sustained one or more points of order under paragraph
(1) with respect to a conference report--
(i) if the conference report accompanied a
House measure amended by the Senate, the
pending question shall be whether the House
shall recede and concur in the Senate amendment
with an amendment consisting of so much of the
conference report as was not rejected; and
(ii) if the conference report accompanied a
Senate measure amended by the House, the
pending question shall be whether the House
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or
more points of order under paragraph (1) with respect
to a motion that the House recede and concur in a
Senate amendment, with or without amendment, the
following motions shall be privileged and shall have
precedence in the order stated:
(i) A motion that the House recede and
concur in the Senate amendment with an
amendment in writing then available on the
floor.
(ii) A motion that the House insist on its
disagreement to the Senate amendment and
request a further conference with the Senate.
(iii) A motion that the House insist on its
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under
this section and the Chair is unable to ascertain whether a provision
constitutes a congressional earmark, limited tax benefit, or limited
tariff benefit, the Chair shall put the question to the House and the
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of
Representatives is amended by striking clause 9.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``congressional earmark'' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of discretionary
budget authority, credit authority, or other spending authority
for a contract, loan, loan guarantee, grant, loan authority, or
other expenditure with or to an entity, or targeted to a
specific State, locality or congressional district, other than
through a statutory or administrative formula-driven or
competitive award process;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities. | Earmark Elimination Act of 2018 This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit, as defined by the bill. If the point of order is successfully raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation. | Earmark Elimination Act of 2018 |
SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''.
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''.
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''.
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
(to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act. | Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding. | To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Criminal Alien Assistance
Program II and Local Medical Emergency Reimbursement Act''.
TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II
SEC. 101. SHORT TITLE.
This Act may be cited as the ``State Criminal Alien Assistance
Program II Act of 2000''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Federal policies and strategies aimed at curbing
illegal immigration and criminal alien activity implemented
along our Nation's southwest border influence the number of
crossings, especially their location.
(2) States and local governments were reimbursed
approximately 60 percent of the costs of the incarceration of
criminal aliens in fiscal year 1996 when only 90 jurisdictions
applied for such reimbursement. In subsequent years, the number
of local jurisdictions receiving reimbursement has increased.
For fiscal year 1999, 280 local jurisdictions applied, and
reimbursement amounted to only 40 percent of the costs incurred
by those jurisdictions.
(3) Certain counties, often with a small taxpayer base,
located on or near the border across from sometimes highly
populated areas of Mexico, suffer a substantially
disproportionate share of the impact of criminal illegal aliens
on its law enforcement and criminal justice systems.
(4) A University of Arizona study released in January 1998
reported that at least 2 of the 4 counties located on Arizona's
border of Mexico, Santa Cruz and Cochise Counties, are burdened
with this problem--
(A) for example, in 1998, Santa Cruz County had
12.7 percent of Arizona's border population but 50
percent of alien crossings and 32.5 percent of illegal
alien apprehensions;
(B) for fiscal year 1998, it is estimated that, of
its total criminal justice budget of $5,033,000, Santa
Cruz County spent $1,900,000 (39 percent) to process
criminal illegal aliens, of which over half was not
reimbursed by Federal monies; and
(C) Santa Cruz County has not obtained relief from
this burden, despite repeated appeals to Federal and
State officials.
(5) In the State of Texas, the border counties of Cameron,
Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the
unreimbursed costs of apprehension, prosecution, indigent
defense, and other related services for criminal aliens who
served more than 142,000 days in county jails.
(6) Throughout Texas nonborder counties bore similar
unreimbursed costs for apprehension, prosecution, indigent
defense, and other related services for criminal aliens who
served more than 1,000,000 days in county jails.
(7) The State of Texas has incurred substantial additional
unreimbursed costs for State law enforcement efforts made
necessary by the presence of criminal illegal aliens.
(8) The Federal Government should reimburse States and
units of local government for the related costs incurred by the
State for the imprisonment of any illegal alien.
(9) According to data from the Immigration and
Naturalization Service, 27 percent of all Border Patrol
apprehensions along the U.S.-Mexico border in fiscal year 1999
took place in the San Diego and El Centro sectors of
California. Yet, those counties were reimbursed for only a
fraction of the expenses associated with the criminal activity
of illegal aliens.
(10) It is estimated that it costs in excess of $50,000,000
to San Diego and Imperial County hospitals to treat
undocumented individuals in emergency rooms. In October of
1997 the California State Auditor issued a report that estimated
between $4,900,000 and $8,100,000 of unreimbursed medical expenses were
incurred by U.S. Border Patrol ``dumping''.
(11) One example of costs incurred by health providers
involved an overturned van containing 20 undocumented persons
in Imperial County. One of the victims involved a young man who
suffered head trauma. This patient never regained consciousness
and the costs of his care were magnified by treating him at an
acute level, as placement to a lower level of care was not
possible. The cost of providing care for this patient alone was
in excess of $200,000.
(b) Purpose.--The purpose of this title is--
(1) to assist States and local communities by providing
financial assistance for expenditures for illegal juvenile
aliens, and for related costs to States and units of local
government that suffer a substantially disproportionate share
of the impact of criminal illegal aliens on their law
enforcement and criminal justice systems; and
(2) to ensure equitable treatment for those States and
local governments that are affected by Federal policies and
strategies aimed at curbing illegal immigration and criminal alien
activity implemented on the southwest border.
SEC. 103. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR
INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL
ALIENS.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365) is amended--
(1) in subsection (a), by striking ``a State for'' and all
that follows through the end and inserting the following: ``a
State (or, if appropriate, a political subdivision of the
State) for--
``(1) the costs incurred by the State or political
subdivision for the imprisonment of any illegal alien or Cuban
national who is convicted of a felony by such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Indirect Costs Defined.--In subsection (a), the term
`indirect costs' includes--
``(1) court costs, county attorney costs, and criminal
proceedings expenditures that do not involve going to trial;
``(2) indigent defense; and
``(3) unsupervised probation costs.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to carry out subsection (a) for each of the
fiscal years 2001 through 2004.''.
SEC. 104. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR COSTS
OF INCARCERATING JUVENILE ALIENS.
(a) In General.--Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is
further amended--
(1) in subsection (a)(1), by inserting ``or illegal
juvenile alien who has been adjudicated delinquent or committed
to a juvenile correctional facility by such State or locality''
before the semicolon;
(2) in subsection (b), by inserting ``(including any
juvenile alien who has been adjudicated delinquent or has been
committed to a correctional facility)'' before ``who is in the
United States unlawfully''; and
(3) by adding at the end the following:
``(f) Juvenile Alien Defined.--In this section, the term `juvenile
alien' means an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act) who has been adjudicated delinquent or
committed to a correctional facility by a State or locality as a
juvenile offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the number of illegal juvenile aliens (as defined in
section 501(f) of the Immigration Reform and Control Act) that
are committed to State or local juvenile correctional
facilities, including the type of offense committed by each
juvenile.''.
(c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) is a juvenile alien with respect to
whom section 501 of the Immigration Reform and
Control Act of 1986 applies.''.
SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365), as amended by sections 103 and 104 of this Act, is
further amended by adding at the end the following new subsection:
``(g) Manner of Allotment of Reimbursements.--Reimbursements under
this section shall be allotted in a manner that takes into account
special consideration for any State that--
``(1) shares a border with Mexico or Canada; or
``(2) includes within the State an area in which a large
number of undocumented aliens reside relative to the general
population of the area.''.
TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH
SERVICES TO UNDOCUMENTED ALIENS
SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF
EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED
ALIENS
(a) Total Amount Available for Allotment.--To the extent of
available appropriations under subsection (e), there are available for
allotments under this section for each of fiscal years 2002 through
2005, $200,000,000 for payments to certain States under this section.
(b) State Allotment Amount.--
(1) In general.--The Secretary shall compute an allotment
for each fiscal year beginning with fiscal year 2001 and ending
with fiscal year 2004 for each of the 17 States with the
highest number of undocumented aliens. The amount of such
allotment for each such State for a fiscal year shall bear the
same ratio to the total amount available for allotments under
subsection (a) for the fiscal year as the ratio of the number
of undocumented aliens in the State in the fiscal year bears to
the total of such numbers for all such States for such fiscal
year. The amount of allotment to a State provided under this
paragraph for a fiscal year that is not paid out under
subsection (c) shall be available for payment during the
subsequent fiscal year.
(2) Determination.--For purposes of paragraph (1), the
number of undocumented aliens in a State under this section
shall be determined based on estimates of the resident illegal
alien population residing in each State prepared by the
Statistics Division of the Immigration and Naturalization
Service as of October 1992 (or as of such later date if such
date is at least 1 year before the beginning of the fiscal year
involved).
(c) Use of Funds.--
(1) In general.--From the allotments made under subsection
(b) for a fiscal year, the Secretary shall pay to each State
amounts described in a State plan, submitted to the Secretary,
under which the amounts so allotted will be paid to local
governments, hospitals, and related providers of emergency
health services to undocumented aliens in a manner that--
(A) takes into account--
(i) each eligible local government's,
hospital's or related provider's payments under
the State plan approved under title XIX of the
Social Security Act for emergency medical
services described in section 1903(v)(2)(A) of
such Act (42 U.S.C. 1396b(v)(2)(A)) for such
fiscal year; or
(ii) an appropriate alternative proxy for
measuring the volume of emergency health
services provided to undocumented aliens by
eligible local governments, hospitals, and
related providers for such fiscal year; and
(B) provides special consideration for local
governments, hospitals, and related providers located
in--
(i) a county that shares a border with
Mexico or Canada; or
(ii) an area in which a large number of
undocumented aliens reside relative to the
general population of the area.
(2) Special rules.--For purposes of this subsection:
(A) A provider shall be considered to be
``related'' to a hospital to the extent that the
provider furnishes emergency health services to an
individual for whom the hospital also furnishes
emergency health services.
(B) Amounts paid under this subsection shall not
duplicate payments made under title XIX of the Social
Security Act for the provision of emergency medical
services described in section 1903(v)(2)(A) of such Act
(42 U.S.C. 1396b(v)(2)(A)).
(d) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)).
(2) Provider.--The term ``provider'' includes a physician,
another health care professional, and an entity that furnishes
emergency ambulance services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' means the 50 States and the
District of Columbia.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2001 through 2005. | Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs. Authorizes appropriations.
Provides for the reimbursement of States for costs of incarcerating juvenile aliens.
Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens.
Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens
- Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens.
Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens.
Authorizes appropriations. | State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MRSA Infection Prevention and
Patient Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acute care hospital.--The term ``acute care hospital''
means a hospital that maintains and operates an emergency room
(including a trauma or burn center), surgical unit, birthing
facility, and such other unit that is highly susceptible to
acquiring or transmitting infections, as determined by the
Secretary through regulations.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)) and includes critical access hospitals (as
defined in section 1861(mm) of such Act) and other entities
determined to be hospitals by the Secretary.
(3) MRSA.--The term ``MRSA'' means Methicillin-Resistant
Staphylococcus aureus.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HOSPITAL INFECTION PREVENTION PROGRAMS.
(a) Regulations.--
(1) In general.--Not later than 5 months after the date of
enactment of this Act, the Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and
such independent experts as the Secretary determines
appropriate, shall promulgate regulations that--
(A) define the term ``MRSA'';
(B) provide a list of best practices for MRSA and
such other antibiotic resistant staphylococcus as the
Secretary determines appropriation;
(C) define the term ``high risk hospital
departments'' for purposes of applying the best
practices provided for under subparagraph (B), which
may include surgical, burn, neonatal, and such other
department as the Secretary may designate;
(D) provide screening, record keeping, and other
requirements as they relate to reductions in MRSA.
(2) Consistency.--The regulations promulgated under this
subsection shall be consistent with the requirements of this
Act.
(3) Effective date.--The regulations promulgated under
paragraph (1) shall take effect on the date that is 1 month
after the date on which such regulations are published in the
Federal Register, but in no case later than 6 months after the
date of enactment of this Act.
(b) Screening Requirements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, all acute care hospitals shall screen
all patients entering intensive care units and other high risk
hospital departments (as defined in the regulations promulgated
under subsection (a)(1)).
(2) Extension of requirements.--
(A) In general.--The Secretary, in consultation
with the Director of the Centers for Disease Control
and Prevention, shall establish a process and a
timetable for extending the screening requirements of
paragraph (1) to all patients admitted to all
hospitals.
(B) Requirements fully applied.--The timetable
established under subparagraph (A), shall require that
all patients be covered by the screening requirements
under paragraph (1) by not later than January 1, 2012.
(C) Waivers.--The Secretary may waive the
requirements of this paragraph--
(i) if the Secretary determines that the
rate of MRSA (or similar infections) is
declining; or
(ii) if the Secretary determines that such
requirements should not apply to certain
hospitals or units of hospitals because the
danger of acquiring or transmitting MRSA (or
similar infections) is no greater than it is of
acquiring MRSA in the community.
(3) Medicare payment adjustments.--Not later than January
1, 2009, the Secretary shall submit to the appropriate
committees of Congress, a report on whether payment adjustments
should be made under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) to assist certain hospitals in defraying
the cost of screening for, and the subsequent treatment of,
MRSA (or similar infections). In preparing such report, the
Secretary shall give special consideration to the needs of
rural, critical access, sole community, and Medicare dependent
hospitals, and disproportionate share hospitals and other
hospitals with a disproportionate share of immune compromised
patients.
(c) Best Practices.--In addition to any other best practices
contained in the regulations promulgated under subsection (a), all
hospitals shall comply with the following:
(1) A hospital shall require contact (barrier) precautions,
as determined by the Secretary, be taken when treating patients
who test positive for MRSA colonization (as defined by the
Centers for Disease Control and Prevention).
(2) Where possible, a hospital will isolate, with the same
staffing ratio per bed as in the non-isolated beds of the
hospital, or cohort patients colonized or infected with MRSA,
control and monitor the movements of such patients within the
hospital, and take whatever steps are needed to stop the
transmission of MRSA bacteria to patients who did not come into
the hospital infected or colonized with such bacteria. The
Secretary may suspend the application of this paragraph in the
case of an emergency.
(3) All patients tested for MRSA shall be informed of the
results and such results shall be noted in the patient's
medical records.
(4) Patients being discharged from intensive care units
shall be tested again for MRSA, and those patients testing
positive will be informed of their status, and that status will
be noted in the patient's medical records in case of
readmittance to a hospital.
(5) A hospital shall educate their staff concerning modes
of transmission of MRSA, use of protective equipment,
disinfection policies and procedures, and other preventive
measures.
(d) Reporting.--
(1) In general.--Not later than January 1, 2009, all
hospitals shall, using the National Healthcare Safety Network
of the Centers for Disease Control and Prevention, report the
number of cases of hospital-acquired MRSA and other resistant
infection rates that occur in the hospital facility. The
Secretary shall develop a process for the risk adjustment of
such reports by hospitals.
(2) Publication.--The Secretary shall develop a system for
the publication of hospital-specific MRSA and other infection
rates.
(e) Non-Hospital Medicare Providers.--
(1) MRSA infection reporting.--The Secretary, using the
MRSA and other infection information identified under section
(b) and such other billing and coding information as necessary,
shall develop a system of identifying infected transferred
patients. The Secretary shall define by regulation the term
infected transferred patient, and such term shall include any
patient who, after discharge from, or treatment at, a non-
hospital Medicare provider (including, but not limited to, a
skilled nursing facility, end stage renal disease program, or
ambulatory surgical center), is admitted directly (or within 5
days of such discharge or treatment) to the hospital with MRSA
(or other infection). The Secretary shall establish a system to
promptly inform any facility that has transferred an infected
patient. Unless such facility can provide a reasonable
explanation that the infection was not acquired in that
facility, the facility shall submit to the Secretary a MRSA
infection action plan to reduce such infections.
(2) Assistance.--The Secretary shall promulgate regulations
to develop a program to provide technical assistance and
educational materials to non-hospital Medicare providers
described in paragraph (1) in order to assist in preventing
subsequent MRSA infections.
(3) Publication of certain information.--If a non-hospital
Medicare provider identified in a report submitted under
paragraph (1) fails to take steps, as described in the action
plan submitted under such paragraph, to combat MRSA infections,
the Secretary shall publish the name of the provider and the
number of MRSA infections from such provider in the previous
year.
(f) Assistance.--
(1) In general.--To provide for the rapid implementation of
MRSA screening programs and initiatives through the
installation of certified MRSA screening equipment and the
provision of necessary support services, a hospital may submit
an application to the Secretary for a 1-year increase in the
amount of the capital-related costs payment made to the
hospital under the prospective payment system under section
1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)). The
Secretary shall approve all requests that the Secretary
determines are reasonable and necessary.
(2) Repayment.--A hospital that receives an increase under
paragraph (1) shall, not later than 4 years after the date of
receipt of such increase, reimburse the Secretary for the costs
of such increase. Such costs shall include the accrual of
interest at the rate payable for Federal Treasury notes. Such
reimbursement may be in the form of reduced capital-related
costs payments to the hospital under the system described in
paragraph (1) for the years following the year in which the
increase was received.
(3) Certification system.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall
promulgate regulations for the development of a system to
certify appropriate MRSA screening and support services for
purposes of this subsection. | MRSA Infection Prevention and Patient Protection Act - Directs the Secretary of Health and Human Services to promulgate regulations that: (1) define "MRSA" (methicillin-resistant staphylococcus aureus); (2) provide a list of best practices for antibiotic resistant staphylococcus; (3) define "high risk hospital departments" for purposes of applying such practices; and (4) provide screening, recordkeeping, and other requirements as they relate to MRSA reductions.
Requires acute care hospitals to screen patients entering intensive care units and other high risk hospital departments. Directs the Secretary to: (1) establish a process and a timetable for extending the screening requirements to patients admitted to all hospitals by January 1, 2012, subject to a waiver; and (2) report to Congress, by January 1, 2009, on whether payment adjustments should be made under Medicare to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA or similar infections.
Requires all hospitals to: (1) comply with specified MRSA best practices, including contact precautions and patient isolation; and (2) report by January 1, 2009, the number of cases of hospital-acquired MRSA and other resistant infection rates that occur in the facility. Requires the Secretary to: (1) develop systems of identifying infected transferred patients and promptly informing any facility that has transferred an infected patient; and (2) promulgate regulations to develop a program to provide technical assistance and educational materials to non-hospital Medicare providers to assist in preventing MRSA infections.
Permits a hospital to apply to the Secretary for a one-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system, subject to specified repayment and certification requirements. | A bill to prevent health care facility-acquired infections. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Openness in Political Expenditures
Now Act'' or the ``OPEN Act''.
SEC. 2. DISCLOSURE BY CORPORATIONS AND LABOR ORGANIZATIONS TO
SHAREHOLDERS AND MEMBERS OF DISBURSEMENTS FOR POLITICAL
ACTIVITY.
(a) Disclosure Required.--Title III of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
``SEC. 325. DISCLOSURES BY CORPORATIONS AND LABOR ORGANIZATIONS TO
SHAREHOLDERS AND MEMBERS OF INFORMATION ON DISBURSEMENTS
FOR CERTAIN POLITICAL ACTIVITY.
``(a) Including Information in Regular Periodic Reports.--
``(1) In general.--A corporation which submits regular,
periodic reports to its shareholders and a labor organization
which submits regular, periodic reports to its members shall
include in each such report, in a clear and conspicuous manner,
the information described in paragraph (2) with respect to the
disbursements made by the corporation or labor organization for
covered political activity during the period covered by the
report, but only if the amount of the disbursement made for
such activity during the period covered by the report equals or
exceeds the applicable threshold for the activity described in
paragraph (3).
``(2) Information described.--The information described in
this paragraph is, for each disbursement for covered political
activity--
``(A) the date of the disbursement;
``(B) the amount of the disbursement;
``(C) in the case of a disbursement consisting of
an independent expenditure or an electioneering
communication, or in the case of a covered political
activity described in subsection (c)(3), the name of
the candidate identified in the independent expenditure
or electioneering communication involved, the
Commission ID assigned to the candidate, and the office
sought by the candidate; and
``(D) in the case of a covered political activity
described in subsection (c)(4), the identification of
the association or organization to whom the
disbursement was made, and the Commission ID (if any)
assigned to the association or organization.
``(3) Applicable threshold for disclosure.--For purposes of
paragraph (1), the `applicable threshold' with respect to a
disbursement for covered political activity during a period
covered by a report is as follows:
``(A) In the case of covered political activity
consisting of an independent expenditure, $250.
``(B) In the case of covered political activity
consisting of an electioneering communication or a
communication described in subsection (c)(3), $10,000.
``(C) In the case of covered political activity
consisting of a payment described in subsection (c)(4),
the amount of the limitation on contributions which is
in effect under section 315(a)(1)(C) as of the last day
of the period.
``(b) Submission of Statement to Commission.--
``(1) Submission of statement.--If a corporation or labor
organization includes information in a report pursuant to this
section, at the time the corporation or labor organization
submits the report to its shareholders or members, the
corporation or labor organization shall file a statement with
the Commission consisting of the information included in the
report pursuant to this section.
``(2) Hyperlink to information.--
``(A) Requiring posting of hyperlink.--If a
corporation or labor organization maintains an Internet
site, the corporation or labor organization shall post
on such Internet site a hyperlink from its homepage to
the location on the Internet site of the Commission
which contains the statement filed by the corporation
or labor organization under paragraph (1).
``(B) Deadline; duration of posting.--The
corporation or labor organization shall post the
hyperlink described in subparagraph (A) not later than
24 hours after the Commission posts the statement filed
by the corporation or labor organization under
paragraph (1) on the Internet site of the Commission,
and shall ensure that the hyperlink remains on the
Internet site of the corporation or labor organization
until the expiration of the 1-year period which begins
on the date of the election with respect to which the
disbursements included in the statement are made.
``(c) Covered Political Activity Defined.--In this section, the
term `covered political activity' means each of the following:
``(1) An independent expenditure (as defined in section
301(17)).
``(2) An electioneering communication (as defined in
section 304(f)(3)).
``(3) A communication which would be treated as an
electioneering communication under section 304(f)(3) if the
communication had been a broadcast, cable, or satellite
communication.
``(4) The payment of dues or other amounts to a trade
association or to a section 501(c)(4) organization.
``(d) Other Definitions.--In this section, the following
definitions apply:
``(1) The term `corporation' means any corporation which is
subject to section 316(a).
``(2) The term `labor organization' has the meaning given
such term in section 316.
``(3) The term `section 501(c)(4) organization' means any
organization described in paragraph (4) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports described in section 325(a)(1) of the
Federal Election Campaign Act of 1971 (as added by subsection (a))
which are filed after the expiration of the 90-day period which begins
on the date of the enactment of this Act.
SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY
SOCIAL WELFARE ORGANIZATIONS.
(a) In General.--Section 501(c)(4) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(C)(i) Subparagraph (A) shall not apply to an
entity for a taxable year if the total expenditures of
such entity for the taxable year for covered political
activity exceed the lesser of--
``(I) 10 percent of the total expenditures
of such entity for the taxable year, or
``(II) $10,000,000.
``(ii) Subparagraph (A) shall not apply to an
entity for a taxable year unless its governing
instrument includes provisions the effects of which are
to prohibit the expenditures of the entity for a
covered political activity from exceeding the threshold
specified in clause (i).
``(iii) For purposes of this subparagraph, the term
`covered political activity' means--
``(I) any activity described in paragraphs
(1) through (3) of section 325(c) of the
Federal Election Campaign Act of 1971; and
``(II) any payment by the entity to any
other entity described in this paragraph or to
an organization described in paragraph (6)
which the payor entity knows, or has reason to
know, will be used directly or indirectly by
the payee entity or organization for any
activity referred to in subclause (I).
``(iv) Clause (i) shall not apply for a taxable
year for which the 10 percent threshold specified in
clause (i)(I) is exceeded by not more than a de minimis
amount if the Secretary determines that the reason for
exceeding the threshold was not willful and is due to
reasonable cause.
``(v) The Secretary shall prescribe such
regulations as may be necessary or appropriate to
prevent the avoidance of clause (i), including
regulations relating to a direct or indirect transfer
of all or part of the assets of an entity to an entity
controlled (directly or indirectly) by the same person
or persons who control the transferor entity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding. | Openness in Political Expenditures Now Act or OPEN Act - Amends the Federal Election Campaign Act of 1971 to require a corporation which submits regular, periodic reports to its shareholders and a labor organization which submits similar reports to its members to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. Limits the amount of disbursements reported, however, to the amount that equals or exceeds the applicable threshold for the covered political activity. Defines "applicable threshold" for a disbursement as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt non-profit civic league meeting certain criteria (501[c][4] organization). Requires a corporation or labor organization reporting such expenditures to: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. Amends the Internal Revenue Code to subject a 501(c)(4) organization to the income tax on corporations if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, and (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds. | OPEN Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Militarizing Law Enforcement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency, administers such section by operating the Law
Enforcement Support Office program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to local and
Federal law enforcement agencies through the program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) As a result of the wars in Iraq and Afghanistan,
military equipment purchased for, and used in, those wars has
become excess property and has been made available for transfer
to local and Federal law enforcement agencies.
(5) According to public reports, approximately 12,000
police organizations across the country were able to procure
nearly $500,000,000 worth of excess military merchandise
including firearms, computers, helicopters, clothing, and other
products, at no charge during fiscal year 2011 alone.
(6) More than $4,000,000,000 worth of weapons and equipment
have been transferred to police organizations in all 50 states
and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on weapons transfers through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free ``military-grade'' weapons and equipment that could be
used inappropriately during policing efforts in which citizens
and taxpayers could be harmed.
(10) Pursuant to section III(J) of a Defense Logistics
Agency memorandum of understanding, property obtained through
the program must be placed into use within one year of receipt,
possibly providing an incentive for the unnecessary and
potentially dangerous use of ``military grade'' equipment by
local law enforcement.
(11) The Department of Defense categorizes equipment
eligible for transfer under the 1033 program as ``controlled''
and ``un-controlled'' equipment. ``Controlled equipment''
includes weapons, explosives such as flash-bang grenades, mine
resistant ambush protected vehicles, long range acoustic
devices, aircraft capable of being modified to carry armament
that are combat coded, and silencers, among other military
grade items.
SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counterdrug,
counterterrorism,'' and inserting ``counterterrorism'';
and
(B) in paragraph (2), by striking ``, the Director
of National Drug Control Policy,'';
(2) in subsection (b)--
(A) in each of paragraphs (4) and (5), by striking
``and'' at the end;
(B) in paragraph (6), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(7) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property;
``(8) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(9) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense; and
``(10) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible Internet website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days.'';
(3) by striking subsection (d);
(4) by redesignating subsections (e) and (f) as subsections
(m) and (n), respectively; and
(5) by inserting after subsection (c) the following new
subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not transfer
the following personal property of the Department of Defense under this
section:
``(A) Controlled firearms, ammunition, grenades (including
stun and flash-bang) and explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
truck dump, truck utility, and truck carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned items.
``(2) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The limitations under this subsection shall also apply with
respect to the transfer of previously transferred property of the
Department of Defense from one Federal or State agency to another such
agency.
``(4)(A) The Secretary may waive the applicability of paragraph (1)
to a vehicle described in subparagraph (B) of such paragraph (other
than a mine-resistant ambush-protected vehicle), if the Secretary
determines that such a waiver is necessary for disaster or rescue
purposes or for another purpose where life and public safety are at
risk, as demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph (A), the
Secretary shall--
``(i) submit to Congress notice of the waiver, and post
such notice on a public Internet website of the Department, by
not later than 30 days after the date on which the waiver is
issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is located
by not later than 30 days after the date on which the waiver is
issued.
``(5) The Secretary may provide for an exemption to the limitation
under subparagraph (D) of paragraph (1) in the case of parts for
aircraft described in such subparagraph that are transferred as part of
regular maintenance of aircraft in an existing fleet.
``(6) The Secretary shall require, as a condition of any transfer
of property under this section, that the Federal or State agency that
receives the property shall return the property to the Secretary if the
agency--
``(A) is investigated by the Department of Justice for any
violation of civil liberties; or
``(B) is otherwise found to have engaged in widespread
abuses of civil liberties.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(1) each Federal or State agency that has received
controlled property transferred under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended from the program pursuant to
paragraph (4);
``(2) with respect to each non-Federal agency that has
received controlled property under this section, the State
coordinator responsible for each such agency has verified that
the coordinator or an agent of the coordinator has conducted an
in-person inventory of the property transferred to the agency
and that 100 percent of such property was accounted for during
the inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
controlled property under this section, the Secretary of
Defense or an agent of the Secretary has conducted an in-person
inventory of the property transferred to the agency and that
100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
controlled property under this section for which 100 percent of
the property was not accounted for during an inventory
described in paragraph (1) or (2), as applicable, to receive
any property transferred under this section has been suspended;
and
``(5) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(h) Prohibition on Ownership of Controlled Property.--A Federal
or State agency that receives controlled property under this section
may never take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later than 30
days before downgrading the classification of any item of personal
property from controlled or Federal Supply Class, the Secretary shall
submit to Congress notice of the proposed downgrade.
``(j) Notice to Congress of Property Cannibalization.--Before the
Defense Logistics Agency authorizes the recipient of property
transferred under this section to cannibalize the property, the
Secretary shall submit to Congress notice of such authorization,
including the name of the recipient requesting the authorization, the
purpose of the proposed cannibalization, and the type of property
proposed to be cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--Not later
than 30 days after the last day of a fiscal quarter, the Secretary
shall submit to Congress a report on any uses of controlled property
transferred under this section during that fiscal quarter.
``(l) Reports to Congress.--Not later than 30 days after the last
day of a fiscal year, the Secretary shall submit to Congress a report
on the following for the preceding fiscal year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary value
of such property, and the recipient that lost the property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific information
about the type of property, the recipient of the property, the
monetary value of each item of the property, and the total
monetary value of all such property transferred during the
fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any transfer of property made after the date of
the enactment of this Act. | Stop Militarizing Law Enforcement Act This bill revises the authority of the Department of Defense (DOD) to transfer excess personal property to federal and state law enforcement agencies. DOD's authority to transfer property for counter-drug activities is eliminated. DOD property recipients must: (1) provide DOD with a description of intended use; and (2) certify that they have appropriate personnel, technical capacity, and training and will return any surplus DOD property. Non-federal recipients must certify that they have notified their local community of requests for DOD property. The following transfers are prohibited: controlled firearms, ammunition, grenades, and explosives; controlled vehicles, certain trucks, and other highly mobile or mine-resistant ambush-protected vehicles; armored or weaponized drones; controlled aircraft that are combat configured or combat coded, or that have no established commercial flight application; silencers; long range acoustic devices; and items in the Federal Supply Class of banned items. Transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions are prohibited. Transfers of previously transferred DOD property from one federal or state agency to another such agency are prohibited. DOD may waive transfer prohibitions for certain trucks and vehicles (other than mine-resistant ambush-protected vehicles) if necessary for disasters, rescues, or other purposes where life and public safety are at risk. DOD shall require as a condition of any property transfer that the recipient agency shall return the property if the agency is: (1) investigated by the Department of Justice for any violation of civil liberties, or (2) otherwise found to have engaged in widespread abuses of civil liberties. Obligations or expenditures of appropriations to carry out DOD's property transfer program are prohibited unless specified conditions are met. Federal or state agencies that receive controlled property may not take ownership of such property. | Stop Militarizing Law Enforcement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS.
(a) Securities Exchange Act of 1934.--Section 21D(c) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by
adding at the end the following new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
(b) Securities Act of 1933.--Section 27(c) of the Securities Act of
1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following
new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
SEC. 3. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND
OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF
AND ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following new paragraphs:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(11) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(13) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (10) through (12))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following
new paragraph:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(11) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(13) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (10) through (12))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
SEC. 4. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
shall employ a competitive bidding process as one of the criteria in
the selection and retention of counsel for the most adequate plaintiff,
unless the court determines on the record that such a process is not
feasible.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court shall employ a
competitive bidding process as one of the criteria in the selection and
retention of counsel for the most adequate plaintiff, unless the court
determines on the record that such a process is not feasible.''.
SEC. 5. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS.
(a) Study and Review Required.--The Comptroller General of the
United States shall conduct a study and review of fee awards to lead
counsel in securities class actions over the five years preceding the
date of enactment of this Act to determine the effective average hourly
rate for lead counsel in such actions.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study and review required by this section. The
Comptroller General shall submit an updated study every three years
thereafter.
(c) Definition.--For purposes of this section, the term
``securities class action'' means a private class action arising under
the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a
plaintiff class action pursuant to the Federal Rules of Civil
Procedure. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to state that, in any private action in which the court enters a final judgment against plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon defendant's motion, determine whether: (1) the position of the plaintiff was not substantially justified; (2) imposition of fees and expenses on the plaintiff's attorney would be just; and (3) the cost of such fees and expenses to the defendant is substantially burdensome or unjust.
Requires the court to award the defendant reasonable fees and other expenses, and impose such fees and expenses on the plaintiff's attorney, if the court makes positive determinations in such a case.
Places the burden of persuasion upon the defendant as to whether or not the position of the plaintiff was substantially justified.
Requires plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery.
Requires similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest.
Requires the court, in exercising discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria (unless the court determines that such a process is not feasible).
Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions. | To protect investors by fostering transparency and accountability of attorneys in private securities litigation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eightmile Wild and Scenic River
Act''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds that--
(1) the Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) required the Secretary
to complete a study of the Eightmile River in the State of
Connecticut from its headwaters downstream to its confluence
with the Connecticut River for potential inclusion in the
National Wild and Scenic Rivers System;
(2) the segments of the Eightmile River that were assessed
in the study continue to be in a free-flowing condition;
(3) the segments of the Eightmile River contain outstanding
resource values relating to--
(A) cultural landscapes;
(B) water quality;
(C) watershed hydrology;
(D) unique species;
(E) natural communities;
(F) geology; and
(G) watershed ecosystems;
(4) the Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of those
segments of the Eightmile River depend on the continued
integrity and quality of the Eightmile River watershed;
(B) those resource values that are manifested
throughout the entire watershed; and
(C) the continued protection of the entire
watershed is intrinsically important to the designation
of the Eightmile River under this Act;
(5) the Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole;
(6) during the study, the Eightmile River Wild and Scenic
Study Committee prepared the Eightmile River Management Plan to
establish objectives, standards, and action programs to ensure
long-term protection of the outstanding values of the river,
and compatible management of the land and water resources of
the Eightmile River and its watershed, without Federal
management of affected land not owned by the United States;
(7) the Eightmile River Wild and Scenic Study Committee--
(A) voted in favor of including the Eightmile River
in the National Wild and Scenic Rivers System; and
(B) included that recommendation as an integral
part of the Eightmile River Watershed Management Plan;
(8) the residents of the towns located adjacent to the
Eightmile River and comprising most of its watershed, including
Salem, East Haddam, and Lyme, Connecticut, as well as the
boards of selectmen and land use commissions of those towns,
voted--
(A) to endorse the Eightmile River Watershed
Management Plan; and
(B) to seek designation of the river as a component
of the National Wild and Scenic Rivers System.
(9) the General Assembly of the State of Connecticut
enacted Public Act 05-18--
(A) to endorse the Eightmile River Watershed
Management Plan; and
(B) to seek the designation of the Eightmile River
as a component of the National Wild and Scenic Rivers
System.
(b) Definitions.--In this Act:
(1) Eightmile river.--The term ``Eightmile River'' means
segments of the main stem and certain tributaries of the
Eightmile River in the State of Connecticut that are designated
as components of the National Wild and Scenic Rivers System by
the amendment made by subsection (c).
(2) Management plan.--The term ``Management Plan'' means
the plan prepared by the Eightmile River Wild and Scenic Study
Committee, with assistance from the National Park Service,
known as the ``Eightmile River Watershed Management Plan'', and
dated December 8, 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--The following segments in
the Eightmile River in the State of Connecticut, totaling approximately
25.3 miles, to be administered by the Secretary of the Interior:
``(A) The 10.8-mile segment of the main stem of the
Eightmile River, from Lake Hayward Brook to the Connecticut
River at the mouth of Hamburg Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River from Witch Meadow Road to the main stem of the
Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook from the
confluence of an unnamed stream lying 0.74 miles due east of
the intersection of Hartford Road (State Route 85) and Round
Hill Road to the East Branch of the Eightmile River, as a
scenic river.
``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond
Brook to the main stem of the Eightmile River, as a scenic
river.
``(E) The 0.7-mile segment of Falls Brook from Tisdale
Brook to the main stem of the Eightmile River at Hamburg Cove,
as a scenic river.''.
(d) Management.--
(1) In general.--The Secretary shall manage the Eightmile
River in accordance with the Management Plan and such
amendments to the Plan as the Secretary determines to be
consistent with this section.
(2) Management plan.--The Management Plan shall be
considered to satisfy each requirement for a comprehensive
management plan that is required by section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(e) Committee.--The Secretary shall coordinate the management
responsibilities of the Secretary relating to the Eightmile River with
the Eightmile River Coordinating Committee, as described in the
Management Plan.
(f) Cooperative Agreements.--
(1) In general.--Pursuant to sections 10(e) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)),
the Secretary may enter into a cooperative agreement with--
(A) the State of Connecticut;
(B) the towns of--
(i) Salem, Connecticut;
(ii) Lyme, Connecticut; and
(iii) East Haddam, Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency with management plan.--Each cooperative
agreement authorized by this subsection--
(A) shall be consistent with the Management Plan;
and
(B) may include provisions for financial or other
assistance from the United States.
(g) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Eightmile River shall not--
(1) be administered as part of the National Park System; or
(2) be subject to regulations that govern the National Park
System.
(h) Land Management.--
(1) Zoning ordinances.--With respect to the Eightmile
River, each zoning ordinance adopted by the towns of Salem,
East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005 (including provisions for conservation of floodplains,
wetland and watercourses associated with the segments), shall
be considered to satisfy each standard and requirement under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(2) Acquisition of land.--
(A) In general.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of land by condemnation
shall apply to the acquisition of land for the
Eightmile River.
(B) Limitations.--The authority of the Secretary to
acquire land for the purpose of managing the Eightmile
River as a component of the National Wild and Scenic
Rivers System shall be--
(i) limited to acquisition--
(I) by donation; or
(II) with the consent of the owner
of the land; and
(ii) subject to the additional criteria set
forth in the Management Plan.
(i) Watershed Approach.--
(1) Statement of policy.--In furtherance of the watershed
approach to resource preservation and enhancement articulated
in the Management Plan, the tributaries of the Eightmile River
watershed specified in paragraph (2) are recognized as integral
to the protection and enhancement of the Eightmile River and
that watershed.
(2) Covered tributaries.--The tributaries referred to in
paragraph (1) include--
(A) Beaver Brook;
(B) Big Brook;
(C) Burnhams Brook;
(D) Cedar Pond Brook;
(E) Cranberry Meadow Brook;
(F) Early Brook;
(G) Falls Brook;
(H) Fraser Brook;
(I) Harris Brook;
(J) Hedge Brook;
(K) Lake Hayward Brook;
(L) Malt House Brook;
(M) Muddy Brook;
(N) Ransom Brook;
(O) Rattlesnake Ledge Brook;
(P) Shingle Mill Brook;
(Q) Strongs Brook;
(R) Tisdale Brook;
(S) Witch Meadow Brook; and
(T) all other perennial streams within the
Eightmile River watershed.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act. | Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments in the Eightmile River in Connecticut as components of the National Wild and Scenic Rivers System.
Requires the Secretary of the Interior to: (1) manage Eightmile River in accordance with the Eightmile Watershed Management Plan, dated December 8, 2005, and such amendments to the Plan as the Secretary determines to be consistent with this Act; and (2) coordinate the management responsibilities of the Secretary relating to the River with the Eightmile River Coordinating Committee, as described in such Plan.
Allows the Secretary, concerning cooperative agreements for the administration of any component of the National Wild and Scenic Rivers System, to enter into a cooperative agreement with: (1) the State of Connecticut; (2) the towns of Salem, Lyme, and East Haddam, Connecticut (the towns); and (3) appropriate local planning and environmental organizations. Requires that each such cooperative agreement authorized: (1) shall be consistent with the management plan; and (2) may include provisions for financial or other assistance from the United States.
Bars the Eightmile River from being: (1) administered as part of the National Park System; or (2) subject to regulations that govern such System.
Considers, with respect to the Eightmile River, each zoning ordinance adopted by the towns in effect as of December 8, 2005, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area.
Makes the provisions of the Act that prohibit federal acquisition of land by condemnation applicable to the acquisition of land for the Eightmile River. Limits the authority of the Secretary to acquire land for the purpose of managing the River as a component of the National Wild and Scenic Rivers System to acquisition by donation or with the consent of the owner of the land and subject to the additional criteria set forth in the management plan.
Recognizes specified tributaries of the Eightmile River Watershed as integral to the protection and enhancement of the River and that watershed.
Authorizes appropriations. | A bill to amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistant United States Attorneys
Retirement Benefit Equity Act of 1998''.
SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.
(a) Civil Service Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (20) of section 8331 of title 5, United States Code,
is amended by adding at the end the following: ``such term
includes an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8331 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (25), by striking the
period at the end of paragraph (26) and inserting ``; and'',
and by adding after paragraph (26) the following:
``(27) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(b) Federal Employees' Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (17) of section 8401 of title 5, United States Code,
is amended by striking ``and'' at the end of subparagraph (C),
by adding ``and'' after the semicolon at the end of
subparagraph (D), and by adding after subparagraph (D) the
following:
``(E) an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8401 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (31), by striking the
period at the end of paragraph (32) and inserting ``; and'',
and by adding after paragraph (32) the following:
``(33) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(c) Effective Date.--Except as otherwise provided in section 3,
this Act and the amendments made by this Act shall take effect on the
first day of the first applicable pay period beginning after the
expiration of the 90-day period beginning on the date of enactment of
this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual first appointed as an Assistant
United States Attorney before the effective date of this Act who is
serving in that capacity on such effective date.
(b) Notice Requirement.--Not later than 6 months after the
effective date of this Act, the Department of Justice shall take
measures reasonably designed to provide notice to incumbents as to
their election rights under this Act, and the consequences of making or
not making a timely election.
(c) Election Available to Incumbents.--
(1) In general.--An incumbent may elect, for all purposes,
either--
(A) to be treated in accordance with the amendments
made by this Act; or
(B) to be treated in the same way as if this Act
had never been enacted.
Failure to make a timely election under this subsection shall
be treated in the same way as an election under subparagraph
(A) made on the last day allowable under paragraph (2).
(2) Deadline.--An election under this subsection shall not
be effective unless it is made before the 90th day after the
date on which the notice under subsection (b) is provided or
the date on which the incumbent involved separates from
service, whichever is earlier.
(3) Interim status.--Notwithstanding any other provision of
this Act, no change in the retirement coverage of any incumbent
shall occur, by reason of the enactment of this Act, before the
date on which an election under paragraph (1)(A) is made (or
deemed to have been made).
(d) Retroactive Effect.--In the case of any incumbent who elects
(or is deemed to have elected) the option under subsection (c)(1)(A),
all service performed by such individual as an Assistant United States
Attorney shall--
(1) to the extent performed on or after the effective date
of that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of title 5, United States Code,
as amended by this Act; and
(2) to the extent performed before the effective date of
that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of such title, as if the
amendments made by this Act had then been in effect.
(e) Makeup Contributions.--
(1) In general.--In addition to any other payment that it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code--
(A) the Department of Justice shall remit to the
Office of Personnel Management, in such time, form, and
manner as the Office may require, the amount described
in paragraph (2); and
(B) any amount so remitted shall be deposited in
the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
(2) Amount to be remitted.--The amount described in this
paragraph is the total amount of additional individual and
Government contributions to the Civil Service Retirement and
Disability Fund that would have been required (for all
incumbents described in subsection (d), for all service
performed by them as an Assistant United States Attorney before
the effective date of their election under subsection (c)), if
the amendments made by this Act had then been in effect, plus
interest.
(3) No individual liability.--Nothing in this Act or in
chapter 83 or 84 of title 5, United States Code (as amended by
this Act) shall be considered to create any individual
liability for any shortfall in any contributions required to be
made up in the manner provided for under this subsection.
(f) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this Act, including
provisions under which any interest due on the amount described in
subsection (e) shall be determined.
(g) Definition.--For purposes of this section, the term ``Assistant
United States Attorney'' means an assistant United States attorney
appointed under section 542 of title 28, United States Code. | Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers.
Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted. Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable. Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier. Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions. | Assistant United States Attorneys Retirement Benefit Equity Act of 1998 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1995''.
(b) Reference.--Except as provided in section 8, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Fair Labor
Standards Act of 1938.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(B) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discriminating wage differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1)(A)(i) Except as provided in clause (ii), no employer
having employees subject to any provisions of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
``(ii) Nothing in clause (i) shall prohibit the payment of
different wages to employees where such payment is made pursuant to--
``(I) a seniority system;
``(II) a merit system; or
``(III) a system that measures earnings by quantity or
quality of production.
``(iii) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin.
Such regulations shall not include a list of such jobs.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following new
paragraphs:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
(a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is
amended by inserting ``(1)'' after ``(c)''.
(b) Records.--Section 11(c) (as amended by subsection (a)) is
further amended by adding at the end the following:
``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time, and shall make such reports therefrom to the Equal
Employment Opportunity Commission, as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated pursuant to section 6(g).''.
(c) Small Business Exemptions.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
``(B)(i) Every employer subject to section 6(g) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during a subsequent year, shall file with the Equal Employment
Opportunity Commission for the year involved a report signed by the
president, treasurer, or corresponding principal officer, of the
employer containing information in such detail as may be necessary to
accurately disclose the wage or salary rates paid to employees in each
classification, position, or job title or to employees in other wage or
salary groups employed by the employer, including information with
respect to the sex, race, and national origin of employees at each wage
or salary level in each classification, position, job title, or other
wage or salary group.''.
(d) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) through (c)) is further amended by adding at the end
the following:
``(ii) The rules and regulations issued by the Equal Employment
Opportunity Commission under subparagraph (F), relating to the form of
such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as
amended by subsections (a) through (d)) is further amended by adding at
the end the following:
``(C) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of subparagraph (B). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based thereon as it may
consider appropriate.
``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with the Equal
Employment Opportunity Commission pursuant to subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
the Equal Employment Opportunity Commission pursuant to subparagraph
(B) to any person upon payment of a charge based upon the cost of the
service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom the
Equal Employment Opportunity Commission finds that because of the size
of the employers a detailed report would be unduly burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
``(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(1) by striking ``subsections (a)(1) and (d) of section 6''
and inserting ``subsections (a)(1), (d), and (g) of section
6''; and
(2) by striking ``206 (a)(1) and (d)'' and inserting ``206
(a)(1), (d), and (g)''.
(b) Remedies.--Section 203(b) of such Act (2 U.S.C. 1313(b)) is
amended by inserting before the period the following: ``or, in an
appropriate case, under section 16(f) of such Act (29 U.S.C. 216(f))''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.)
Directs the Equal Employment Opportunity Commission (EEOC) to issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Prohibits such regulations from including a list of such jobs.
Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the EEOC; and (2) make reports to the EEOC. Sets forth certain exemptions for small businesses and provisions for protection of confidentiality with respect to such records.
Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
Makes conforming amendments to the Congressional Accountability Act of 1995. | Fair Pay Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Telephone Records
Protection Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) customer telephone records may be accessed without
authorization of the customer by--
(A) an employee of the telephone company selling
the data;
(B) ``pretexting'', whereby a data broker or other
person pretends to be the owner of the phone and
convinces the telephone company's employees to release
the data to them; or
(C) unauthorized access of accounts via the
Internet; and
(2) because telephone companies encourage customers to
manage their accounts online, many set up the online capability
in advance. Many customers never access their Internet
accounts, however. If someone seeking the information activates
the account before the customer, he or she can gain unfettered
access to the telephone records and call logs of that customer.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH
OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A
COVERED ENTITY.
(a) Prohibition on Obtaining Confidential Phone Records Information
Under False Pretenses.--It shall be unlawful for any person in
interstate or foreign commerce to knowingly and intentionally obtain,
or attempt to obtain, confidential phone records information of a
covered entity, by--
(1) making false or fraudulent statements or
representations to an employee of a covered entity;
(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of
this title, without prior authorization from the customer to
whom such confidential phone records information relates.
(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally sell or transfer, or
attempt to sell or transfer, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally purchase or receive, or
attempt to purchase or receive, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.
Section 3 shall not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the
United States, a State, or political subdivision of a State, or of an
intelligence agency of the United States.
SEC. 5. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--The Commission shall by regulation
require each telecommunications carrier to notify the customer of any
incidents in which such telecommunications carrier becomes or is made
aware in which customer proprietary network information relating to
such customer is disclosed to someone other than the customer in
violation of this section or section 3 of the Consumer Telephone
Records Protection Act of 2006.''.
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as an unfair or deceptive
act or practice in violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). All of the functions and powers of the
Federal Trade Commission under that Act are available to the Commission
to enforce compliance by any person with such section, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act, including the
power to enforce the provisions of such section in the same manner as
if the violation had been a violation of a Federal Trade Commission
trade regulation rule.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Confidential phone records information.--The term
``confidential phone records information'' means information
that--
(A) relates to the quantity, technical
configuration, type, destination, location, or amount
of use of a service offered by a covered entity,
subscribed to by any customer of that covered entity,
and kept by or on behalf of that covered entity solely
by virtue of the relationship between that covered
entity and the customer;
(B) is made available to a covered entity by a
customer solely by virtue of the relationship between
that covered entity and the customer; or
(C) is contained in any bill, itemization, or
account statement provided to a customer by or on
behalf of a covered entity solely by virtue of the
relationship between that covered entity and the
customer.
(2) Covered entity.--The term ``covered entity''--
(A) has the same meaning given the term
``telecommunications carrier'' in section 3 of the
Communications Act of 1934 (47 U.S.C. 153); and
(B) includes any provider of IP-enabled voice
service.
(3) Customer.--The term ``customer'' means, with respect to
a covered entity, any individual, partnership, association,
joint stock company, trust, or corporation, or authorized
representative of such customer, to whom the covered entity
provides a product or service.
(4) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time voice communications
offered to the public, or such class of users as to be
effectively available to the public, transmitted through
customer premises equipment using TCP/IP protocol, or a
successor protocol, (whether part of a bundle of services or
separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from,
the public switched telephone network, or a successor network. | Consumer Telephone Records Protection Act of 2007 - Makes it unlawful for any person in interstate commerce to knowingly and intentionally: (1) obtain confidential phone records information under false pretenses; (2) sell or transfer confidential phone records information without prior authorization from the customer; and (3) receive or purchase confidential phone records information. Provides for Federal Trade Commission (FTC) enforcement of such provisions.
Makes such provisions inapplicable to law enforcement agencies.
Amends the Communications Act of 1934 to require a telecommunication carrier to notify a customer of any incidents in which proprietary network information relating to such customer is disclosed to someone other than the customer. | To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, has since expanded into Illinois, Virginia, Rhode
Island, California, Alaska, Nebraska, and Georgia, and is
expected to be expanded into additional States to improve the
administrative process by which children are placed with
families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers can
spend more time helping children instead of copying and mailing
paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate
case-processing system have been able to reduce from 24
business days to 13 business days the time it takes to identify
a family for a child and prepare the paperwork required to
start the ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which in the case of a State other
than the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa, not later than October 1,
2027, shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42
U.S.C. 679c(c)) is amended by adding at the end the following:
``(4) Inapplicability of state plan requirement to have in
effect procedures providing for the use an electronic
interstate case-processing system.--The requirement in section
471(a)(25) that a State plan provide that the State shall have
in effect procedures providing for the use of an electronic
interstate case-processing system shall not apply to an Indian
tribe, tribal organization, or tribal consortium that elects to
operate a program under this part.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. FUNDING FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF
CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 629g) is amended
by adding at the end the following:
``(g) Funding for the Development of an Electronic Interstate Case-
Processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Requirements.--A State that seeks funding under this
subsection shall submit to the Secretary the following
information:
``(A) A description of the goals and outcomes to be
achieved, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Funding authority.--The Secretary may provide funds
to a State that complies with paragraph (2). In providing funds
under this section, the Secretary shall prioritize States that
are not yet connected with the electronic interstate case-
processing system referred to in paragraph (1).
``(4) Use of funds.--A State to which funding is provided
under this subsection shall use the funding to support the
State in connecting with, or enhancing or expediting services
provided under, the electronic interstate case-processing
system referred to in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which funds are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing
the electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed pursuant
to paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 629g(a)) is
amended by striking ``2016'' and inserting ``2018''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 629g(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2018 for providing funding under subsection
(g), and the amount so reserved shall remain available through
fiscal year 2022.''. | Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include an electronic interstate case-processing system. Indian tribes are exempted from such requirement. Funding is authorized for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2018 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2018, which reserved amount shall remain available through FY2022. | Modernizing the Interstate Placement of Children in Foster Care Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Exporting goods and services is a critical part of the
United States economy. A recent study by the International
Trade Administration recently found that 11.6 million jobs
across the country are directly supported by exports.
(2) Though United States exports have increased by one-
third since 2010 and contributed to roughly one-third of all
domestic economic growth, increases in exports have failed to
meet lofty goals established by the Administration.
(3) An important part of helping small- and mid-size
businesses begin to export or to access new markets is export
assistance provided by the Federal Government.
(4) Numerous resources for companies exist at Federal
agencies, including in the Department of Commerce, the
Department of Agriculture, the Small Business Administration,
the Department of State, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, and
others.
(5) These Federal agencies offer programs to provide
technical and cultural assistance, low-cost financing, and the
development of future export markets overseas.
(6) While these Federal agencies and the programs they
operate provide important assistance to United States
companies, there is significant overlap among agencies that
fails to maximize Federal resources and creates confusion for
businesses seeking to navigate the bureaucracy.
(7) This confusion leads to less effective export
promotion, wasted government resources, and an inability to
track the success of Federal efforts.
(8) Specifically, the U.S. Government Accountability Office
has found that enhanced collaboration among these efforts could
improve Federal agency efforts, reduce overlap, and ease
confusion for small businesses.
(9) Intra-agency efforts have fallen short in providing
greater cohesion and communication among Federal export
programs.
(10) The U.S. Government Accountability Office found
significant shortcomings at the Trade Promotion Coordination
Committee, including a lack of information about total export
promotion resources, ineffectiveness in tracking data and
outcomes, and a failure to coordinate export promotion
resources with governmentwide policies.
(11) Given the shortcoming of Federal export assistance,
significant change is necessary to ensure the United States
maintains its global economic competitiveness while small
businesses can grow their businesses and create more jobs.
(12) By consolidating the functions of multiple Federal
agencies, including the International Trade Administration, the
Office of International Trade of the Small Business
Administration, the Trade and Development Agency, the Export
Credit Guarantee Program and Facilities Guarantee Program of
the Department of Agriculture, and the Bureau of Economic and
Business Affairs of the Department of State, into the new
Export Promotion Agency in the Department of Commerce, small-
and mid-size businesses will be able to utilize a one-stop-shop
for export assistance.
(13) These reforms will reduce waste and overlap to
maximize Federal resources, improve businesses' access to
information and assistance by cutting bureaucracy, and allow
the Department of Commerce to better track and report to
Congress on the effectiveness of its export programs.
(14) Additionally, including the Trade and Development
Agency and the Bureau of Economic and Business Affairs of the
Department of State as part of the new agency will strengthen
their coordination with traditional export assistance to ensure
that United States companies are able to take advantage of new
emerging markets overseas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Export Promotion
Agency established under section 4(a).
(2) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(3) Personnel.--The term ``personnel'' means officers and
employees.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Export Promotion appointed
under section 4(b).
SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGENCY.
(a) In General.--There is established in the Department of Commerce
an agency to be known as the ``Export Promotion Agency''.
(b) Under Secretary.--The head of the Agency shall be the Under
Secretary of Commerce for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the Senate.
(c) Transfers of Functions.--In accordance with section 7 (relating
to transition provisions), there are transferred to the Agency the
functions of each of the following:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade and Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
(d) Chairperson of TPCC.--Section 2312(d)(3) of the Export
Enhancement Act of 1992 (15 U.S.C. 4727(d)(3)) is amended by inserting
``, acting through the Under Secretary of Commerce for Export
Promotion,'' after ``Secretary of Commerce''.
(e) Compensation.--Section 5314 of title 5, United States Code, is
amended by striking ``and Under Secretary of Commerce for Travel and
Tourism'' and inserting ``Under Secretary of Commerce for Travel and
Tourism, and Under Secretary of Commerce for Export Promotion''.
SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS.
(a) In General.--The Under Secretary shall develop the following:
(1) An organizational structure for the Agency that
consolidates programs and eliminates duplicative programs,
where appropriate.
(2) Metrics designed to measure performance on an annual
basis with respect to the following:
(A) The total exports from the United States,
including exports assisted by the Agency.
(B) The number of United States business concerns,
including small- and medium-sized business concerns,
exporting, including exports assisted by the Agency.
(C) The number and presence of United States
business concerns in key foreign markets.
(b) Report.--Not later than 12 months after the date on which the
first Under Secretary takes office, the Under Secretary shall submit to
Congress a report that contains matters required under subsection (a).
SEC. 6. ANNUAL REPORTS TO CONGRESS.
The Under Secretary shall submit to Congress an annual report on
the operations of the Agency, including the following:
(1) The effectiveness of its organizational structure and
any changes made to that structure developed under section
5(a)(1).
(2) The data the Agency has received from applying the
metrics developed under section 5(a)(2).
SEC. 7. TRANSITION PROVISIONS.
(a) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Rule of construction.--Nothing in this Act shall be
understood to require the advice and consent of the Senate to
the appointment by the President to a position in the Agency of
any officer whose entity or program the functions of which are
transferred to the Agency under section 4(c) and whose duties
following such transfer are germane to those performed before
such transfer.
(b) Transfer of Personnel, Assets, Obligations, and Functions.--
(1) In general.--Upon transfer of the functions of an
entity or program to the Agency under section 4(c)--
(A) the personnel, assets, and obligations held by
or available in connection with such functions shall be
transferred to the Under Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(B) the Under Secretary shall have all functions
relating to the entity or program that any other
official could by law exercise in relation to the
entity or program immediately before such transfer, and
shall have in addition all functions vested in the
Under Secretary by this Act or other law.
(2) Incidental transfers.--
(A) Authorization of director of office of
management and budget; termination of affairs.--The
Director of the Office of Management and Budget, at
such time or times as the Director shall provide, is
authorized and directed to make such determinations as
may be necessary with regard to the functions, entities
or programs, or portions thereof transferred by this
Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such functions,
entities or programs, or portions thereof, as may be
necessary to carry out the provisions of this Act. The
Director shall provide for the termination of the
affairs of all entities and programs terminated by this
Act and for such further measures and dispositions as
may be necessary to effectuate the purposes of this
Act.
(B) Transfer of positions within senior executive
service.--After consultation with the Director of the
Office of Personnel Management, the Director of the
Office of Management and Budget is authorized, at such
time as the Director of the Office of Management and
Budget provides, to make such determinations as may be
necessary with regard to the transfer of positions
within the Senior Executive Service in connection with
functions and entities and programs transferred by this
Act.
(c) Savings Provisions.--
(1) Completed administrative actions.--
(A) In general.--Completed administrative actions
of an entity or program shall not be affected by the
enactment of this Act or the transfer of the functions
of such entity or program to the Agency under section
4(c), but shall continue in effect according to their
terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(B) Definition.--For purposes of subparagraph (A),
the term ``completed administrative action'' includes
orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(2) Pending civil actions.--Subject to the authority of the
Under Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of the functions of an entity or program to the Agency
under section 4(c), and in such civil actions, proceedings
shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment or transfer had not occurred.
(3) Proceeding not affected.--
(A) In general.--The provisions of this Act shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending on the effective date of this Act before any
entity or program with respect to functions transferred
by this Act, but such proceedings or applications, to
the extent that they relate to functions transferred,
shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this
Act had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the head of the
Federal agency to which such functions are transferred
by this Act, by a court of competent jurisdiction, or
by operation of law. Nothing in this subparagraph
prohibits the discontinuance or modification of any
such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(B) Regulations.--The Under Secretary is authorized
to issue regulations providing for the orderly transfer
of proceedings continued under subparagraph (A).
(d) Termination of Entities and Programs.--On the effective date of
this Act, the following entities and programs shall terminate:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
SEC. 8. REFERENCES.
With respect to any function of an entity or program transferred to
the Agency under section 4(c) to, and exercised on or after the
effective date specified in section 9 by, the Under Secretary, any
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an
entity or program of government from which such function is
transferred--
(1) to the head of such entity or program is deemed to
refer to the Under Secretary of Commerce for Export Promotion;
or
(2) to such entity or program is deemed to refer to the
Export Promotion Agency.
SEC. 9. EFFECTIVE DATE.
This Act takes effect on the date that is 1 year after the date of
the enactment of this Act. | Export Promotion Act This bill establishes the Export Promotion Agency in the Department of Commerce. The bill designates the functions, responsibilities, organizational structure, and reporting requirements of the agency. The bill terminates the following entities and programs and transfers their functions to the agency: the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State. | Export Promotion Act |
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451
et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the
proviso in section 10(a)(4) of the Military Selective Service Act (50
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall
not be reestablished upon the repeal of such Act. The assets,
contracts, property, and records held by the Selective Service System,
and the unexpended balances of any appropriations available to the
Selective Service System, shall be transferred to the Administrator of
General Services upon the repeal of such Act. The Director of the
Office of Personnel Management shall assist officers and employees of
the Selective Service System to transfer to other positions in the
executive branch.
(c) Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) by striking out section 3328;
(B) in section 3551--
(i) by striking out ``, on release from
duty within the time limits specified in
section 9(g) of the Military Selective Service
Act of 1967 (50 U.S.C. App. 459(g)),''; and
(ii) by striking out the second sentence;
and
(C) in section 5102(b), by striking out ``,
including positions'' and all that follows through
``those positions''.
(2) Title 8.--The Immigration and Nationality Act (8 U.S.C.
1101 et seq.) is amended--
(A) in section 101(a)(19) (8 U.S.C. 1101(a)(19))--
(i) by striking out ``section 3(a) of the
Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under
section 4(a) of the Selective Service Act of
1948, as amended (62 Stat. 605; 65 Stat. 76) or
under''; and
(ii) by striking ``sections or'';
(B) in section 241(a)(2)(D)(iii) (8 U.S.C.
1251(a)(2)(D)(iii)), by striking out ``the Military
Selective Service Act (50 U.S.C. App. 451 et seq.)
or'';
(C) in section 245(a)(4) (8 U.S.C. 1255a(a)(4))--
(i) by adding ``and'' at the end of
subparagraph (B);
(ii) by striking out ``, and'' at the end
of subparagraph (C) and inserting in lieu
thereof a period; and
(iii) by striking out subparagraph (D); and
(D) in section 315(b) (8 U.S.C. 1426(b)), by
inserting ``former'' before ``Selective Service
System''.
(3) Title 10.--Title 10, United States Code, is amended--
(A) in section 511(b), by striking out ``, and who
is not under orders to report for induction into an
armed force under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.),'';
(B) in section 511(d), by striking out ``and who is
not under orders to report for induction into an armed
force under the Military Selective Service Act (50
U.S.C. App. 451 et seq.), except as provided in section
6(c)(2)(A) (ii) and (iii) of such Act,'';
(C) in section 512(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence;
(D) in section 513--
(i) in subsection (a), by striking out
``(except as provided in subsection (c))''; and
(ii) by striking out subsection (c);
(E) by striking out paragraph (7) of section
523(b);
(F) in section 595(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence;
(G) in section 641(1)--
(i) by inserting ``or'' at the end of
subparagraph (E);
(ii) by striking out subparagraph (F); and
(iii) by redesignating subparagraph
(G) as subparagraph (F);
(H) in section 651(a), by striking out ``, other
than a person deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective
Service Act (50 U.S.C App. 456(d)(1))'';
(I) in section 1007--
(i) by striking out ``who is assigned to
the Selective Service System or'';
(ii) by striking out ``assignment or''; and
(iii) by striking out ``assigned to the
Selective Service System or'' in the section
heading;
(J) in the table of contents at the beginning of
chapter 51, by striking out the item relating to
section 1007 and inserting in lieu thereof the
following new item:
``1007. Commissioned officers: retention in active status while serving
as United States property and fiscal
officers.''; and
(K) in section 1475(a)(5), by striking out ``who--
'' and all that follows through the period and
inserting in lieu thereof ``who has been provisionally
accepted for that duty.''.
(4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C.
2520) is repealed.
(5) Title 26.--Section 3121(n)(5) of the Internal Revenue
Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out
``service--'' and all that follows through ``or air service;''
and inserting in lieu thereof ``service who has been
provisionally accepted for such duty;''.
(6) Title 28.--Section 631(j) of title 28, United States
Code, is amended--
(A) in the first sentence of paragraph (1), by
striking out ``A magistrate who is inducted'' and all
that follows through ``with such forces'' and inserting
in lieu thereof ``A magistrate who is ordered to active
duty with the Armed Forces of the United States''; and
(B) in paragraph (2), by striking out ``receives a
certificate of service under section 9(a) of the
Military Selective Service Act of 1967 (50 U.S.C. App.
459(a)), or''.
(7) Title 29.--The Job Training Partnership Act (29 U.S.C.
1501 et seq.) is amended--
(A) by striking out section 604 (29 U.S.C. 1504);
and
(B) by striking out subsection (b) of section 426
(29 U.S.C. 1696).
(8) Title 37.--Title 37, United States Code, is amended--
(A) in section 301(a), by striking out the last
sentence; and
(B) in section 308e(1), by striking out ``or under
section 6(d)(1) of the Military Selective Service Act
(50 U.S.C. App. 456(d)(1)'' both places it appears.
(9) Title 38.--Title 38, United States Code, is amended--
(A) in section 2021(a)--
(i) by striking out ``the Military
Selective Service Act (or under any prior or
subsequent corresponding law)'' and inserting
in lieu thereof ``a law providing for such
induction''; and
(ii) by striking out ``a certificate
described in section 9(a) of the Military
Selective Service Act (relating to the
satisfactory completion of military service)''
and inserting in lieu thereof ``a certificate
relating to the satisfactory completion of
military service''; and
(B) in section 2024(a)--
(i) by striking out ``the provisions of the
Military Selective Service Act (or prior or
subsequent''; and
(ii) by striking out ``Armed Forces)'' and
inserting in lieu thereof ``Armed Forces''.
(10) Title 42.--(A) Section 210(m) of the Social Security
Act (42 U.S.C. 410(m)) is amended by striking out ``service--''
and all that follows through ``or air service;'' and inserting
in lieu thereof ``service who has been provisionally accepted
for such duty;''.
(B) Section 1007(b) of the Legal Services Corporation Act
(42 U.S.C. 2996f(b)) is amended by striking out paragraph (10)
and inserting in lieu thereof the following new paragraph:
``(10) to provide legal assistance with respect to any
proceeding or litigation arising out of desertion from the
Armed Forces.''.
(d) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 180 days after the date of the enactment of this Act. | Repeals the Military Selective Service Act.
Bars the reestablishment of the Office of Selective Service Records.
Requires: (1) the transfer to the Administrator of General Services of the assets, property, and records held by, and the unexpended balances of any appropriations available to, the Selective Service System (SSS); and (2) the Director of the Office of Personnel Management to assist SSS officers and employees in transferring to other positions in the executive branch.
Amends the Legal Services Corporation (LSC) Act to bar the use of LSC funds to provide legal assistance with respect to any proceeding or litigation arising out of desertion from the armed forces. | To repeal the Military Selective Service Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Fetal Alcohol Syndrome is the leading known cause of
mental retardation, and it is 100 percent preventable;
(2) each year, more than 5,000 infants are born in the
United States with Fetal Alcohol Syndrome, suffering
irreversible physical and mental damage;
(3) 50,000 more infants are born each year with lesser,
though still serious, alcohol-related birth defects, known as
Fetal Alcohol Effects;
(4) Fetal Alcohol Syndrome is a national problem, it can
impact any child, family, or community, but its threat to
American Indians and Alaska Natives is especially alarming;
(5) in some American Indian communities, where alcohol
dependency rates reach 50 percent and above, the chances of a
newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol
Effects are 30 times greater than national averages;
(6) researchers have determined that the possibility of
giving birth to a baby with Fetal Alcohol Syndrome or Fetal
Alcohol Effects increases in proportion to the amount and
frequency of alcohol consumed by a pregnant woman, and that
stopping alcohol consumption at any point in the pregnancy
reduces the risks and the emotional, physical, and mental
consequences of alcohol exposure to the baby;
(7) in addition to the immeasurable toll on Fetal Alcohol
Syndrome and Fetal Alcohol Effects children and their families,
Fetal Alcohol Syndrome and Fetal Alcohol Effects pose
extraordinary financial costs to the Nation, including the
costs of health care, education, foster care, job training, and
general support services for affected individuals;
(8) as a reliable comparison, delivery and care costs are
four times greater for infants who were exposed to illicit
substances than for infants with no indication of substance
exposure, and over a lifetime, health care costs for one Fetal
Alcohol Syndrome child are estimated, to be at least
$1,400,000; and
(9) we know of no safe dose of alcohol during pregnancy, or
of any safe time to drink during pregnancy, thus, it is in the
best interest of the Nation for the Federal Government to take
an active role in encouraging all women to abstain from alcohol
consumption during pregnancy.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish, within the Department
of Health and Human Services, a comprehensive program to help prevent
Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such
program shall--
(1) coordinate and support epidemiologic research
concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
(2) coordinate and support national, State, and community-
based public awareness, prevention, and education programs on
Fetal Alcohol Syndrome and Fetal Alcohol Effects; and
(3) foster coordination among all Federal agencies that
conduct or support Fetal Alcohol Syndrome and Fetal Alcohol
Effects research, programs, and surveillance and otherwise meet
the general needs of populations actually or potentially
impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.
SEC. 4. ESTABLISHMENT OF PROGRAM.
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb
et seq.) is amended by adding at the end thereof the following new
subpart:
``Subpart 4--Provisions Relating to Fetal Alcohol Syndrome and Fetal
Alcohol Effects
``SEC. 520E. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION
PROGRAM.
``(a) In General.--The Secretary, acting through the Substance
Abuse and Mental Health Services Administration, the National
Institutes of Health, the Centers for Disease Control and Prevention,
the Indian Health Service, and other relevant offices, shall establish
a comprehensive program to help prevent Fetal Alcohol Syndrome and
Fetal Alcohol Effects and coordinate Federal efforts to prevent Fetal
Alcohol Syndrome and Fetal Alcohol Effects.
``(b) Elements of Program.--Under the program established under
subsection (a), the Secretary shall establish a program that shall--
``(1) coordinate and support national and targeted public
awareness, prevention, and education programs on Fetal Alcohol
Syndrome and Fetal Alcohol Effects;
``(2) coordinate and support applied epidemiologic research
concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(3) conduct and support basic research targeted to
developing data to improve prevention and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(4) develop a plan to disseminate diagnostic criteria to
health care and social services providers and carry out that
plan; and
``(5) establish an Inter-Agency Task Force on Fetal Alcohol
Syndrome and Fetal Alcohol Effects, which shall be chaired by
the Associate Administrator for Alcohol Prevention and
Treatment of the Substance Abuse and Mental Health Services
Administration, and which shall include representatives from
all relevant agencies and offices within the Department of
Health and Human Services (including the Indian Health Service)
Department of Agriculture, Department of Education, Department
of Defense, Department of the Interior (including the Bureau of
Indian Affairs), Department of Justice, Bureau of Alcohol,
Tobacco, and Firearms, Federal Trade Commission, and any other
relevant Federal Agency.
``SEC. 520F. EDUCATION AND PUBLIC AWARENESS.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) support, conduct and evaluate the effectiveness of--
``(A) training programs for health care providers,
educators, school-based health care providers, social
workers, child welfare workers and family members
concerning the prevention, diagnosis, and treatment of
Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(B) prevention and education programs, including
health education, and school-based clinic programs, for
school-age children with respect to Fetal Alcohol
Syndrome and Fetal Alcohol Effects; and
``(C) public and community awareness programs
concerning Fetal Alcohol Syndrome and Fetal Alcohol
Effects;
``(2) provide technical and consultative assistance to
States, Indian tribal governments, local governments, school-
based health care providers, scientific and academic
institutions, and non-profit organizations concerning the
programs referred to in paragraph (1); and
``(3) award grants to and enter into cooperative agreements
and contracts with States, Indian tribal governments, local
governments, scientific and academic institutions, entities
that fund school-based clinics, and non-profit organizations
for the purpose of--
``(A) enabling such entities to evaluate the
effectiveness, with particular emphasis on the cultural
sensitivity and age-appropriateness, of the prevention,
education and community-based public awareness programs
referred to in paragraph (1);
``(B) enabling such entities to provide training to
health care providers, school nurses and other school
health care providers, including school-based clinic
health care providers, educators, family members,
social workers, child welfare workers, and others in
the prevention, diagnosis and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(C) educating children and youth, including
pregnant and high-risk youth, concerning such syndrome
and effects with priority given to those programs that
are part of a sequential, comprehensive school health
education program; and
``(D) increasing public and community awareness
concerning Fetal Alcohol Syndrome and Fetal Alcohol
Effects through culturally sensitive projects,
programs, and campaigns, and improving the
understanding of the general public and targeted groups
concerning the most effective methods for intervening
with friends and family to prevent fetal exposure to
alcohol.
``SEC. 520G. APPLIED EPIDEMIOLOGIC RESEARCH AND PREVENTION PROGRAM.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) conduct and support research on the causes,
mechanisms, diagnostic methods, and treatment and prevention of
Fetal Alcohol Syndrome and Fetal Alcohol Effects;
``(2) provide technical and consultative assistance and
training to States, Indian tribal governments, local
governments, other public entities, scientific and academic
institutions, and non-profit organizations engaged in the
conduct of--
``(A) Fetal Alcohol Syndrome prevention and early
intervention programs; and
``(B) research relating to the causes, mechanisms,
diagnosis methods, treatment and prevention, of Fetal
Alcohol Syndrome and Fetal Alcohol Effects; and
``(3) award grants to, and enter into cooperative
agreements and contracts with States, Indian tribal
governments, local governments, other public entities,
scientific and academic institutions, and non-profit
organizations to--
``(A) assist such entities in conducting innovative
demonstration and evaluation projects designed to
determine effective strategies, including community-
based prevention programs and multi-cultural education
campaigns, for preventing and intervening in fetal
exposure to alcohol;
``(B) improve and coordinate the surveillance and
ongoing assessment methods implemented by such entities
and the Federal Government, with respect to Fetal
Alcohol Syndrome and Fetal Alcohol Effects for the
purpose of--
``(i) tracking progress toward achieving
relevant Year 2000 Prevention Objectives, set
forth by the Public Health Service in the
Healthy People 2000: National Health Promotion
and Disease Prevention Objectives;
``(ii) identifying successful, culturally
sensitive prevention efforts; and
``(iii) identifying children who have
symptoms of Fetal Alcohol Syndrome and Fetal
Alcohol Effects and may need special health,
education, and support services;
``(C) develop and evaluate effective age-
appropriate and culturally-sensitive prevention
programs for infants, children, adolescents, and adults
identified as being at-risk of becoming chemically
dependent on alcohol and associated with or developing
Fetal Alcohol Syndrome and Fetal Alcohol Effects; and
``(D) facilitate coordination and collaboration
among Federal, State, Tribal, and local Fetal Alcohol
Syndrome prevention programs.
``SEC. 520H. BASIC RESEARCH PROGRAM.
``The Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to conduct and support research
on services research and effective prevention treatments and
interventions for pregnant alcohol dependent women and individuals with
Fetal Alcohol Syndrome and Fetal Alcohol Effects.
``SEC. 520I. DIAGNOSTIC CRITERIA FOR FETAL ALCOHOL SYNDROME AND FETAL
ALCOHOL EFFECTS.
``Not later than 90 days after the date of enactment of this
subpart, the Secretary shall direct the appropriate agencies within the
Department of Health and Human Services to--
``(1) develop a plan for widely-disseminating the Fetal
Alcohol Syndrome/Fetal Alcohol Effects diagnostic criteria
developed by the Department of Health and Human Services under
the ADAMHA Reorganization Act (Public Law 102-321) to health
care providers, educators, social workers, child welfare
workers, and other individuals within 16 months of such date of
enactment; and
``(2) disseminate the criteria described in paragraph (1)
in accordance with the plan developed under paragraph (1).
``SEC. 520J. INTER-AGENCY TASK FORCE ON FETAL ALCOHOL SYNDROME AND
FETAL ALCOHOL EFFECTS.
``(a) Establishment.--Not later than 30 days after the date of
enactment of this subpart, the Secretary shall establish an Inter-
Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects
to foster coordination among all Federal agencies that conduct or
support Fetal Alcohol Syndrome and Fetal Alcohol Effects research,
programs, and surveillance and otherwise meet the general needs of
populations actually or potentially impacted by Fetal Alcohol Syndrome
and Fetal Alcohol Effects.
``(b) Membership.--The Task Force established under subsection (a)
shall--
``(1) be chaired by the Associate Administrator for Alcohol
Prevention and Treatment of the Substance Abuse and Mental
Health Services Administration and staffed by the
Administration; and
``(2) include representatives from all relevant agencies
and offices within the Department of Health and Human Services,
Department of Agriculture, Department of Education, Department
of Defense, Department of Interior, Department of Justice,
Bureau of Alcohol, Tobacco and Firearms, Federal Trade
Commission, and any other relevant Federal agency.
``(c) Functions.--The Task Force established under subsection (a)
shall--
``(1) coordinate all Federal programs and research
concerning Fetal Alcohol Syndrome, Fetal Alcohol Effects, and
other forms of maternal substance abuse, including those
programs--
``(A) targeting individuals, families, and
populations identified as being at risk of acquiring
Fetal Alcohol Syndrome, Fetal Alcohol Effects, or other
maternal substance abuse; and
``(B) providing health, education, treatment, and
social services to infants, children, and adults with
Fetal Alcohol Syndrome, Fetal Alcohol Effects, and
other drug exposures and their families; and
``(2) coordinate its efforts with existing Department of
Health and Human Services task forces on substance abuse
prevention and maternal and child health;
``(3) report on an annual basis to the Secretary and
relevant Committees of Congress on the current and planned
activities of the participating agencies.
``SEC. 520K. ADMINISTRATIVE PROVISIONS WITH RESPECT TO GRANTS,
COOPERATIVE AGREEMENTS AND CONTRACTS.
``(a) Eligibility.--To be eligible to receive a grant, cooperative
agreement or contract under this subpart, an entity shall--
``(1) be a State, Indian tribal government, local
government, entity that funds a school-based health clinic,
scientific or academic institution or non-profit organization;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may prescribe, including a description of the
activities that the entity intends to carry out using amounts
received under a grant, cooperative agreement, or contract; and
``(3) provide assurances that amounts received under such
grants, cooperative agreements or contracts will be used in
accordance with this subpart.
``(b) Maintenance of Effort.--No grant, cooperative agreement, or
contract may be awarded to an entity under this subpart unless the
entity agrees to maintain the expenditures of the entity for activities
of the type for which the amounts to be received under a grant,
cooperative agreement, or contract are to be used, at a level equal to
not less than the level of such expenditures maintained by the entity
for the fiscal year preceding the fiscal year for which the entity is
applying to receive the grant, cooperative agreement or contract.
``(c) Amounts in Lieu of Cash.--At the request of a recipient of a
grant, cooperative agreement, or contract under this subpart, the
Secretary may reduce the amount provided under such grant, agreement,
or contract by--
``(1) an amount equal to the fair market value of any
supplies or equipment furnished the recipient; and
``(2) an amount equal to the amount of the pay, allowances,
and travel expenses of any officer or employee of the Federal
Government which was detailed to the recipient and the amount
of any other cost incurred in connection with the detail of
such officer or employee.
``SEC. 520L. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, such sums as are necessary for each of the fiscal years 1994
through 1997.''. | Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a comprehensive program to prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects and coordinate related Federal efforts; and (2) an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects.
Provides for related research, technical assistance, grants, cooperative agreements, and contracts, prevention programs, professional and public education, and diagnostic criteria.
Authorizes appropriations. | Comprehensive Fetal Alcohol Syndrome Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognition of Jerusalem as the
Capital of the State of Israel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For more than 3,000 years, the Jewish people have
maintained a continuous connection and presence in the land of
Israel and their eternal and indivisible capital city of
Jerusalem.
(2) The State of Israel was established on May 14, 1948, in
the wake of World War II in order to serve as a homeland and
place of refuge for the Jewish people.
(3) From 1948 to 1967, Jerusalem was a divided city and not
all Israeli citizens of all faiths were entitled to visit the
holy sites, and Jews from other countries were restricted in
their access to holy sites in the area controlled by Jordan. In
1967, the city of Jerusalem was reunited during the conflict
known as the Six Day War, and since 1967, Jerusalem has been a
unified city administered by Israel, and persons of all faiths
have been guaranteed full access to the holy sites within the
city.
(4) On July 31, 1988, Jordan relinquished its disputed
sovereignty claims to Judea and Samaria and East Jerusalem, and
therefore sovereign claims to these areas remain ``disputed'',
not ``occupied''.
(5) In 1990, Congress unanimously adopted Senate Concurrent
Resolution 106, which declares that Congress ``strongly
believes that Jerusalem must remain an undivided city in which
the rights of every ethnic religious group are protected''.
(6) In 1995, Congress overwhelmingly approved the Jerusalem
Embassy Act (Public Law 104-45), requiring the establishment of
the United States Embassy in Jerusalem not later than May 31,
1999.
(7) The United States maintains its embassy in the
functioning capital in every country except in the State of
Israel.
(8) Israel has far exceeded the 1907 Hague Regulation as
directed by international law. Israel has taken all measures to
restore and ensure public order and safety in Jerusalem.
(9) Jerusalem has been far safer and more protected under
Israel's administration than under any previous authorities.
(10) Civil life is entirely present in Jerusalem, and all
government institutions and related frameworks are also
present, including the Knesset, the Bank of Israel, the
Ministry of Foreign Affairs, the Prime Minister's and
President's offices, and the Supreme Court.
SEC. 3. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL AND
RELOCATION OF THE UNITED STATES EMBASSY FROM TEL AVIV TO
JERUSALEM.
(a) Policy.--It is the policy of the United States to recognize
Jerusalem as the undivided capital of the State of Israel, both de jure
and de facto.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should recognize the sovereign status
of an undivided Jerusalem as the capital of the State of
Israel;
(2) recognizing Jerusalem as the capital of Israel and
transferring the United States Embassy to Jerusalem from Tel
Aviv will send a signal of United States commitment and resolve
to Israel;
(3) the President and the Secretary of State should
publicly affirm as a matter of United States policy that
Jerusalem must remain the undivided capital of the State of
Israel;
(4) the President should immediately implement the
provisions of the Jerusalem Embassy Act of 1995 (Public Law
104-45), as amended by section 4 of this Act, and begin the
process of relocating the United States Embassy in Israel to
Jerusalem; and
(5) United States officials should refrain from any actions
that contradict United States law on this subject.
(c) Identification of Jerusalem on Government Documents.--
Notwithstanding any other provision of law, any official document of
the United States Government which lists countries and their capital
cities shall identify Jerusalem as the capital of Israel.
(d) Relocation.--Not later than January 1, 2019, the President
shall relocate the United States Embassy in Israel to Jerusalem.
SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995.
(a) Repeal.--Subject to subsection (b) of this section, section 7
of the Jerusalem Embassy Act of 1995 is repealed.
(b) Effective Date.--The repeal specified in subsection (a) shall
take effect on January 1, 2018.
(c) Redesignation.--At the time of the repeal specified in
subsection (a), section 8 of the Jerusalem Embassy Act of 1995 shall be
redesignated as section 7.
SEC. 5. IMPLEMENTATION REPORT.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall submit to Congress a report that--
(1) details the Department of State's plan to implement
this Act;
(2) includes estimated dates of completion for each phase
of the establishment of the United States Embassy in Jerusalem,
including--
(A) site identification;
(B) land acquisition;
(C) architectural, engineering, and construction
surveys;
(D) site preparation; and
(E) construction; and
(3) includes an estimate of the funding needed to implement
this Act, including all costs associated with establishing the
United States Embassy in Jerusalem. | Recognition of Jerusalem as the Capital of the State of Israel Act This bill states that it is U.S. policy to recognize Jerusalem as the undivided capital of Israel. The bill expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital, (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will signal U.S. commitment to Israel, (3) the President and the Department of State should affirm as a matter of U.S. policy that Jerusalem must remain Israel's undivided capital, (4) the President should implement the provisions of the Jerusalem Embassy Act of 1995 and begin the process of relocating the U.S. Embassy in Israel to Jerusalem, and (5) U.S. officials should refrain from actions that contradict U.S. law on this subject. The bill states that any official U.S. government document that lists countries and their capital cities should identify Jerusalem as Israel's capital. The President shall relocate the U.S. Embassy in Israel to Jerusalem by January 1, 2019. The Jerusalem Embassy Act of 1995 is amended to eliminate the President's authority, effective January, 1, 2018, to waive certain funding limitations for State Department acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened. | Recognition of Jerusalem as the Capital of the State of Israel Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ex-Offenders Voting Rights Act of
2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender, or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for United States
citizens to vote in Federal elections.
(2) Since the founding of the Nation, most States have
enacted laws disenfranchising convicted felons and ex-felons.
In the last 30 years, due to the dramatic expansion of the
criminal justice system, these laws have significantly affected
the political voice of many American communities. The momentum
toward reform of these policies has been based on a
reconsideration of their wisdom in meeting legitimate
correctional objectives and the interests of full democratic
participation. Forty-eight States and the District of Columbia
prohibit inmates from voting while incarcerated for a felony
offense.
(3) Congress has ultimate supervisory power over Federal
elections, an authority that has repeatedly been upheld by the
Supreme Court.
(4) Although State laws determine the qualifications for
voting in Federal elections, Congress must ensure that those
laws are in accordance with the Constitution. Currently, those
laws vary throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(5) Only two States (Maine and Vermont) permit inmates to
vote. Thirty-five States prohibit felons from voting while they
are on parole and 30 of these States exclude felony
probationers as well. Two States deny the right to vote to all
ex-offenders who have completed their sentences. Nine others
disenfranchise certain categories of ex-offenders or permit
application for restoration of rights for specified offenses
after a waiting period (e.g., 5 years in Delaware and Wyoming,
and 2 years in Nebraska). Each State has developed its own
process of restoring voting rights to ex-offenders but most of
these restoration processes are so cumbersome that few ex-
offenders are able to take advantage of them.
(6) An estimated 5,300,000 million Americans, or one in 41
adults, have currently or permanently lost their voting rights
as a result of a felony conviction.
(7) State disenfranchisement laws disproportionately impact
ethnic minorities.
(8) Thirteen States disenfranchise some or all ex-offenders
who have fully served their sentences, regardless of the nature
or seriousness of the offense.
(9) In those States that disenfranchise ex-offenders who
have fully served their sentences, the right to vote can be
regained in theory, but in practice this possibility is often
illusory.
(10) In eight States, a pardon or order from the Governor
is required for an ex-offender to regain the right to vote. In
two States, ex-offenders must obtain action by the parole or
pardon board to regain that right.
(11) Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In at least 16
States, Federal ex-offenders cannot use the State procedure for
restoring their voting rights. The only method provided by
Federal law for restoring voting rights to ex-offenders is a
Presidential pardon.
(12) Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(13) Thirteen percent of the African-American adult male
population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration, 3 in 10
African-American men in the next generation will be
disenfranchised at some point during their lifetimes. Hispanic
citizens are also disproportionately disenfranchised, since
those citizens are disproportionately represented in the
criminal justice system.
(14) An estimated 676,730 women are currently ineligible to
vote as a result of a felony conviction. More than 2,000,000
White Americans (Hispanic and non-Hispanic) are disenfranchised
as a result of a felony conviction. In five States that deny
the vote to ex-offenders, one in four Black men is permanently
disenfranchised.
(15) Given current rates of incarceration, three in ten of
the next generation of Black men can expect to be
disenfranchised at some point in their lifetime. In States that
disenfranchise ex-offenders, as many as 40 percent of Black men
may permanently lose their right to vote. Two million one
hundred thousand disenfranchised persons are ex-offenders who
have completed their sentences.
(16) The discrepancies described in this subsection should
be addressed by Congress, in the name of fundamental fairness
and equal protection.
(b) Purpose.--The purpose of this Act is to restore fairness in the
Federal election process by ensuring that ex-offenders who have fully
served their sentences are not denied the right to vote.
SEC. 3. RIGHTS OF CITIZENS.
(a) Protecting Right To Vote in Federal Elections.--The right of an
individual who is a citizen of the United States to vote in any
election for Federal office shall not be denied or abridged because
that individual has been convicted of a criminal offense unless, at the
time of the election, such individual is serving a felony sentence in a
correctional institution or facility.
(b) Definitions.--In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
SEC. 4. NOTIFYING INDIVIDUALS WHO REGAIN RIGHT TO VOTE.
(a) Requiring Notification.--
(1) In general.--The Chief State correctional officer of
each State shall ensure that, not later than 30 days after an
individual who is serving a felony sentence in a correctional
institution or facility in the State is released from the
institution or facility, including an individual who is
released on parole or probation, the individual is notified of
the individual's right to vote in elections for Federal office
and of the date of the next such election in which the
individual may vote.
(2) Exception for individuals continuing to serve
sentences.--Paragraph (1) does not apply in the case of an
individual who is released from a correctional institution or
facility to serve a felony sentence in a different correctional
institution or facility.
(3) Definitions.--In this subsection--
(A) the term ``parole'' means parole (including
mandatory parole) or conditional or supervised release
(including mandatory supervised release) which is
imposed by a Federal, State, or local court; and
(B) the term ``probation'' means probation imposed
by a Federal, State, or local court with or without a
condition on the individual involved concerning--
(i) the individual's freedom of movement,
(ii) the payment of damages by the
individual,
(iii) periodic reporting by the individual
to an officer of the court, or
(iv) supervision of the individual by an
officer of the court.
(b) Application to Individuals Released From Federal Institutions
or Facilities.--Subsection (a) shall apply to the Director of the
Bureau of Prisons with respect to individuals released from an
institution or facility under the Director's jurisdiction in the same
manner as such subsection applies to the Chief State correctional
officer of a State with respect to individuals released from
institutions or facilities in that State.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in a court of competent jurisdiction to obtain such declaratory
or injunctive relief as is necessary to remedy a violation of this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Action.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice provided under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may bring a civil action in such a court to
obtain the declaratory or injunctive relief with respect to the
violation.
(3) Action for violation shortly before a federal
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
shall not be required to provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action in such a court to obtain the declaratory or
injunctive relief with respect to the violation.
SEC. 6. RELATION TO OTHER LAWS.
(a) No Prohibition on Less Restrictive Laws.--Nothing in this Act
shall be construed to prohibit a State from enacting any State law that
affords the right to vote in any election for Federal office on terms
less restrictive than those terms established by this Act.
(b) No Limitation on Other Laws.--The rights and remedies
established by this Act shall be in addition to all other rights and
remedies provided by law, and shall not supersede, restrict, or limit
the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.). | Ex-Offenders Voting Rights Act of 2008 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility.
Requires the chief correctional officer of each state to inform convicted felons within 30 days after their release of their right to vote in elections for federal office and the date of the next election in which they are eligible to vote.
Provides for enforcement and remedies for violations of this Act.
Specifies that: (1) nothing in this Act shall be construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. | To secure the Federal voting rights of certain qualified ex-offenders who have served their sentences. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Tax Deduction Act of
2001''.
SEC. 2. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF
INDIVIDUALS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 222
as section 223 and by inserting after section 221 the following new
section:
``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the sum of the amount paid
during the taxable year for--
``(1) insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents, plus
``(2) unreimbursed prescription drug expenses paid by the
taxpayer for the taxpayer and the taxpayer's spouse and
dependents.
``(b) Limitations and Special Rules.--
``(1) Employer contributions to cafeteria plans, flexible
spending arrangements, and medical savings accounts.--Employer
contributions to a cafeteria plan, a flexible spending or
similar arrangement, or a medical savings account which are
excluded from gross income under section 106 shall be treated
for purposes of subsection (a) as paid by the employer.
``(2) Deduction not available for payment of ancillary
coverage premiums.--Any amount paid as a premium for insurance
which provides for--
``(A) coverage for accidents, disability, dental
care, vision care, or a specified illness, or
``(B) making payments of a fixed amount per day (or
other period) by reason of being hospitalized,
shall not be taken into account under subsection (a).
``(3) Coordination with deduction for health insurance and
prescription drug costs of self-employed individuals.--The
amount taken into account by the taxpayer in computing the
deduction under section 162(l) shall not be taken into account
under this section.
``(4) Coordination with medical expense deduction.--The
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.
``(c) Definitions.--For purposes of this section--
``(1) Medical care.--
``(A) In general.--The term `medical care' has the
meaning given such term by section 213(d) without
regard to--
``(i) paragraph (1)(C) thereof, and
``(ii) so much of paragraph (1)(D) thereof
as relates to qualified long-term care
insurance contracts.
``(B) Exclusion of certain other contracts.--The
term `medical care' shall not include insurance if a
substantial portion of its benefits are excepted
benefits (as defined in section 9832(c)).
``(2) Unreimbursed prescription drug expenses.--The term
`unreimbursed prescription drug expenses' means amounts paid or
incurred for a prescribed drug (as defined by section
213(d)(3)) the cost of which to the taxpayer is not reimbursed
by insurance or otherwise.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new item:
``(18) Health insurance and prescription drug costs.--The
deduction allowed by section 222.''.
(c) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 222. Health insurance and
prescription drug costs.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION
DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 (relating to general rule for allowance of
deduction for health insurance costs of self-employed individuals) is
amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to the sum of--
``(A) 100 percent of the amount paid during the
taxable year for insurance which constitutes medical
care for the taxpayer and the taxpayer's spouse and
dependents, plus
``(B) unreimbursed prescription drug expenses
(within the meaning of section 222(c)(2)) paid during
the taxable year by the taxpayer for the taxpayer and
the taxpayer's spouse and dependents.''.
(b) Clarification of Limitations on Other Coverage.--The first
sentence of section 162(l)(2)(B) of such Code is amended to read as
follows: ``Paragraph (1) shall not apply to any taxpayer for any
calendar month for which the taxpayer participates in any subsidized
health plan maintained by any employer (other than an employer
described in section 401(c)(4)) of the taxpayer or the spouse of the
taxpayer.''.
(c) Clerical Amendment.--The heading for section 162(l) of such
Code is amended by inserting ``and Prescription Drug'' after
``Insurance''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Health Care Tax Deduction Act of 2001 - Amends the Internal Revenue Code to allow all individuals a deduction (not subject to the 7.5 percent medical deduction limitation) for amounts paid for qualifying health insurance and unreimbursed prescription drugs on behalf of the taxpayer, spouse, and dependents.Provides self-employed individuals not otherwise covered with 100 percent coverage for health insurance and unreimbursed prescription drug costs on behalf of the taxpayer, spouse, and dependents.Coordinates such deductions with existing individual and self-employed medical deduction provisions. | To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs of individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Sexual and
Violent Predators Act''.
SEC. 2. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the date of
enactment of this Act, each State educational agency, or local
educational agency in the case of a local educational agency designated
under State law, that receives funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect
policies and procedures that--
(1) require that a criminal background check be conducted
for each school employee that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee if such employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) murder;
(ii) child abuse or neglect;
(iii) a crime against children, including
child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with State law or the policies of local educational
agencies served by the State educational agency;
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee may appeal, but which does not permit the employee to
be employed as a school employee during such appeal, the
results of a criminal background check conducted under
paragraph (1) which prohibit the employee from being employed
as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected;
(6) ensure that such policies and procedures are published
on the website of the State educational agency and the website
of each local educational agency served by the State
educational agency; and
(7) allow a local educational agency to share the results
of a school employee's criminal background check recently
conducted under paragraph (1) with another local educational
agency that is considering such school employee for employment
as a school employee.
(b) Fees for Background Checks.--
(1) Charging of fees.--The Attorney General, attorney
general of a State, or other State law enforcement official may
charge reasonable fees for conducting a criminal background
check under subsection (a)(1), but such fees shall not exceed
the actual costs for the processing and administration of the
criminal background check.
(2) Administrative funds.--A local educational agency or
State educational agency may use administrative funds received
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) to pay any reasonable fees charged for
conducting such criminal background check.
(c) Definitions.--In this Act:
(1) In general.--The terms ``elementary school'',
``secondary school'', ``local educational agency'', ``State'',
and ``State educational agency'' have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with, a local educational agency, or
State educational agency, that receives Federal
funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services
with an elementary school, secondary school, local
educational agency, or State educational agency, that
receives Federal funds under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.); and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students. | Protecting Students from Sexual and Violent Predators Act This bill requires a state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with state law or LEA policies; provide a school employee with a timely process to appeal the results of a background check; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a school employee's recent background check with another LEA that is considering that individual for employment. | Protecting Students from Sexual and Violent Predators Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Overdraft Protection Fair
Practices Act''.
SEC. 2. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES.
(a) Truth in Lending Act Amendments.--
(1) Definition.--Section 103 of the Truth in Lending Act
(15 U.S.C. 1602) is amended by adding at the end the following
new subsection:
``(cc) Terms Relating to Short-Term Extensions of Credit Under
Overdraft Protection Programs.--
``(1) Overdraft protection fee.--The term `overdraft
protection fee' means any fee or charge imposed in connection
with any account on which checks or other debits are paid by
the institution in which such account is held even though there
are insufficient funds in the account to cover such checks or
other debits, unless such fee or charge--
``(A) is imposed on an incidental basis as a
customer accommodation and no more than 3 such
overdraft fees are imposed during any calendar year;
``(B) is imposed in connection with an extension of
credit through an overdraft line of credit program
where such fee or charge was considered a finance
charge under this title, as in effect immediately prior
to the enactment of the Consumer Overdraft Protection
Fair Practices Act; or
``(C) has been disclosed in connection with a
program under which the overdraft is covered by funds
transferred from another deposit, share, or other asset
account.
``(2) Other terms.--
``(A) Check.--The term `check' has the same meaning
as in section 3(6) of the Check Clearing for the 21st
Century Act.
``(B) Other debits.--The term `other debits'
includes withdrawals from an account by the consumer
through an automated teller machine and electronic fund
transfers from an account that are initiated or
authorized by the consumer.
``(C) Electronic fund transfer.--The term
`electronic fund transfer' has the same meaning as in
section 903.
``(D) Account.--The term `account' means any
account intended for use by and generally used by a
consumer primarily for personal, family, or household
purposes into which the consumer deposits funds.
``(E) Transaction account.--The term `transaction
account' has the same meaning as in section 19(b)(1)(C)
of the Federal Reserve Act.''.
(2) Restrictions on overdraft protection programs or
services.--
(A) In general.--Chapter 2 of the Truth in Lending
Act (15 U.S.C. 1631 et seq.) is amended by adding at
the end the following new section:
``Sec. 140. Restrictions on overdraft protection programs or services
``(a) In General.--In the case of any transaction account of a
consumer at any institution, no overdraft protection fee may be imposed
on such account for any extension of funds by the institution to cover
any check or other debit for which there are insufficient funds in the
consumer's account to pay such check or other debit, unless--
``(1) the consumer has provided specific written consent to
any program or service that provides for charging of such fees
in connection with any such extension of funds;
``(2) such fee is imposed pursuant to the terms of a
written agreement with the consumer which discloses, in a clear
and conspicuous manner--
``(A) the amount of any fee imposed in connection
with paying an overdraft;
``(B) any applicable disclosure required by this
title in connection with such extension of credit,
including the disclosures required by section 127;
``(C) the categories of transactions for which a
fee for payment of an overdraft may be imposed,
including whether an overdraft created by withdrawals
at automated teller machines or other electronic fund
transfers will be covered and a fee imposed;
``(D) the time period by which the consumer must
repay or cover any extension of credit in the form of
payment of an overdraft; and
``(E) the circumstances under which the institution
in which an account is held will not pay an overdraft;
and
``(F) other information required to be disclosed by
regulation;
``(3) such fee is separately and conspicuously disclosed,
each time the fee is imposed, in any periodic statement
provided to the consumer with respect to such account and is
included in the calculation of the annual percentage rate as
required by sections 107 and 127(b)(6).
``(b) Clarification Relating to Overdraft Fees.--In the case of any
transaction account of a consumer at any institution, the prohibition
against an overdraft protection fee under subsection (a) shall apply
regardless of whether the amount of such fee is the same as, or less
than, any fee imposed by the institution with respect to such account
for a check or other debit that is returned unpaid.
``(c) Prohibition on Misrepresentations.--If any institution--
``(1) will not extend funds under specific circumstances to
cover an overdraft in any transaction account of a consumer at
the institution; or
``(2) reserves the right to extend funds to pay any such
overdraft on a discretionary basis,
any representation by such institution that the institution will extend
credit to cover all overdrafts on such account shall be a violation of
this title.''.
(B) Clerical amendment.--The table of sections for
chapter 2 of the Truth in Lending Act is amended by
inserting after the item relating to section 139 the
following new item:
``140. Restrictions on overdraft protection programs or services.''.
(3) Restrictions on advertising of overdraft protection
programs or services.--
(A) In general.--Chapter 3 of the Truth in Lending
Act (15 U.S.C. 1661 et seq.) is amended by adding at
the end the following new section:
``Sec. 148. Restrictions on advertising of overdraft protection
programs or services
``(a) In General.--In the case of an institution that maintains
transaction accounts for consumers and offers a program or service
under which the institution pays any overdraft on the account in
exchange for payment of an overdraft protection fee, the institution
may not make any of the following representations or statements with
respect to such program or service in any advertisement or promotion:
``(1) Any representation or statement describing a
transaction account as free or no cost if the account includes,
or is promoted as including, overdraft protection services that
involve the payment of overdraft protection fees.
``(2) Any representation or statement encouraging use of
the account as a service to meet short-term credit needs or to
obtain advances on a consumer's next payment of salary, wages,
benefits, or other income.
``(3) Any representation or statement that the financial
institution will honor all checks or other debits presented
against the account, if the institution retains discretion at
any time not to honor any check or other debit presented.
``(b) Regulations.--The Board shall prescribe regulations
implementing the restrictions set forth in subsection (a) pursuant to
the authority of the Board under section 18(f) of the Federal Trade
Commission Act, and may, by regulation or order, restrict such
additional acts or practices that the Board finds to be unfair or
deceptive in connection with the offering, operation, and advertising
of overdraft protection programs and services.''.
(B) Clerical amendment.--The table of sections for
chapter 3 of the Truth in Lending Act is amended by
inserting after the item relating to section 147 the
following new item:
``148. Restrictions on advertising of overdraft protection programs or
services.''.
(4) Clarification of finance charge.--Section 106(a) of the
Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding
at the end the following new paragraph:
``(7) Overdraft protection fee.''.
(b) Electronic Fund Transfer Act Amendments.--Section 904 of the
Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended by adding at
the end the following new subsection:
``(e) Restrictions on Overdraft Protection Services and Fees.--
``(1) In general.--A financial institution that holds a
consumer's account may not impose an overdraft protection fee
on the account in connection with any payment of an electronic
fund transfer initiated by the consumer at an automated teller
machine in spite of a lack of sufficient funds in the
consumer's account to pay such electronic fund transfer,
unless--
``(A) the consumer has affirmatively requested such
service pursuant to section 140(a)(1), including
specific consent to allowing overdrafts at an automated
teller machine or by debit card at a point-of-sale
terminal;
``(B) the financial has provided a notice to the
consumer after the transaction is initiated and before
the consumer is irrevocably committed to completing the
transaction, that the electronic fund transfer the
consumer has requested will result in an overdraft
protection fee, together with the amount of any such
fee;
``(C) the consumer elects to continue in the manner
necessary to effect the requested electronic fund
transfer after receiving such notice; and
``(D) the overdraft protection fee imposed in
connection with such transaction is clearly disclosed
in the written documentation of the electronic fund
transfer required by section 906(a).
``(2) Prohibition on fee in absence of notice.--If the
notice required by paragraph (1)(B) is not feasible, the
financial institution may not charge an overdraft protection
fee in connection with any payment of an electronic fund
transfer initiated by the consumer at an automated teller
machine or by debit card at a point-of-sale terminal in spite
of a lack of sufficient funds in the consumer's account to pay
such electronic fund transfer.
``(3) Disclosure of account balances.--In the case of any
financial institution that offers a program or service under
which the institution pays any overdraft on a consumer's
account in exchange for the imposition of an overdraft
protection fee in accordance with paragraph (1), the financial
institution shall, in response to a balance inquiry initiated
by the consumer at an automated teller machine operated by the
financial institution, disclose only the actual dollar balance
in the consumer's account at the time of the request, which
shall not include any additional amount of credit or overdraft
protection the financial institution will pay under any
agreement with the consumer that permits the imposition of the
overdraft protection fee.
``(4) Overdraft protection fee defined.--For purposes of
this subsection, the term `overdraft protection fee' has the
same meaning as in section 103(cc)(1).''.
(c) Expedited Funds Availability Act Amendments.--
(1) Definition.--Section 602 of the Expedited Funds
Availability Act (12 U.S.C. 4001) is amended by adding at the
end the following new paragraph:
``(26) Overdraft protection fee.--The term `overdraft
protection fee' has the same meaning as in section 103(cc)(1)
of the Truth in Lending Act.''.
(2) Restrictions on overdraft protection fees.--Section 607
of the Expedited Funds Availability Act (12 U.S.C. 4006) is
amended by adding at the end the following new subsection:
``(f) Restrictions on Overdraft Protection Fees.--A depository
institution may not--
``(1) impose an overdraft protection fee on an account at
such institution for paying any check drawn on the account in
spite of a lack of sufficient funds in the account to pay such
check or any similar activity unless the accountholder has
affirmatively requested such service pursuant to section
140(a)(1) of the Truth in Lending Act; or
``(2) engage in a pattern or practice of delaying the
posting of any deposit in an account, or manipulating the
process of posting any check or other debit against an account,
if such pattern or practice results in 1 or more overdrafts
that trigger payment by the accountholder of an overdraft
protection fee.''. | Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions on: (1) overdraft protection programs or services for consumers; and (2) representations or statements with respect to such a program or service in any advertisement or promotion.
Amends the Electronic Fund Transfer Act and the Expedited Funds Availability Act to set forth restrictions on overdraft protection programs or services for consumers. | To extend the protections of the Truth in Lending Act to overdraft protection programs and services provided by depository institutions, to require customer consent before a depository institution may initiate overdraft protection services and fees, to enhance the information made available to consumers relating to overdraft protection services and fees, to prohibit systematic manipulation in the posting of checks and other debits to a depository account for the purpose of generating overdraft protection fees, and for other purposes. |
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER
COMPANIES PERMITTED.
(a) In General.--Section 1504(b) of the Internal Revenue Code of
1986 (defining includible corporation) is amended by striking paragraph
(2) and by redesignating paragraphs (3) through (8) as paragraphs (2)
through (7), respectively.
(b) Conforming Amendments.--
(1) Section 1503 of such Code is amended by striking
subsection (c) (relating to special rule for application of
certain losses against income of insurance companies taxed
under section 801) and by redesignating subsections (d), (e),
and (f) as subsections (b), (c), and (d), respectively.
(2) Section 1504 of such Code is amended by striking
subsection (c) and by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
(d) Phase-In of Application of Certain Losses Against Income of
Insurance Companies.--For taxable years beginning after December 31,
2000, and before January 1, 2007--
(1) In general.--If--
(A) an affiliated group includes 1 or more domestic
insurance companies each of which is subject to tax
under section 801 of the Internal Revenue Code of 1986,
(B) the common parent of such group has elected to
treat all such companies as includible corporations,
and
(C) the consolidated taxable income of the members
of the group not taxed under such section 801 results
in a consolidated net operating loss for such taxable
year,
then, under regulations prescribed by the Secretary of the
Treasury or his delegate, the amount of such loss which cannot
be absorbed in the applicable carryback periods against the
taxable income of such members not taxed under such section 801
shall be taken into account in determining the consolidated
taxable income of the affiliated group for such taxable year to
the extent of the applicable percentage of such loss or the
applicable percentage of the taxable income of the members
taxed under such section 801, whichever is less. The unused
portion of such loss shall be available as a carryover, subject
to the same limitations (applicable to the sum of the loss for
the carryover year and the loss (or losses) carried over to
such year), in applicable carryover years.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage shall be determined in accordance
with the following table:
For taxable years beginning in: The applicable percentage is:
2001................................................... 40
2002................................................... 50
2003................................................... 60
2004................................................... 70
2005................................................... 80
2006................................................... 90.
(e) Election for Pre-2007 Years of Groups With Insurance
Companies.--For taxable years beginning after December 31, 2000, and
before January 1, 2007, the common parent of an affiliated group which
includes 1 or more domestic insurance companies subject to tax under
section 801 of such Code may elect to treat all such insurance
companies as corporations which are not includible corporations within
the meaning of subsection (b) of section 1504 of such Code, if, as of
the date of the enactment of this section--
(1) such affiliated group included 1 or more insurance
companies subject to tax under section 801 of such Code, and
(2) no additional election was in effect under section
1504(c)(2) of such Code (as in effect on the day before the
date of the enactment of this Act).
(f) No Carryback Before January 1, 2001.--To the extent that a
consolidated net operating loss is allowed or increased by reason of
the amendments made by this section, such loss may not be carried back
to a taxable year beginning before January 1, 2001.
(g) Nontermination of Group.--No affiliated group shall terminate
solely as a result of the amendments made by this section.
(h) Subsidiary Stock Basis Adjustments.--A parent corporation's
basis in the stock of a subsidiary corporation shall be adjusted to
reflect the preconsolidation income, gain, deduction and loss incurred
during a period when such corporations were members of an affiliated
group (determined without regard to section 1504(b)(2) of such Code as
in effect on the day before the date of enactment of this Act) but were
not included in a consolidated return of such group by operation of
section 1504(c)(2)(A) of such Code (as in effect on the day before the
date of the enactment of this Act).
(i) Waiver of 5-Year Waiting Period.--Under regulations prescribed
by the Secretary of the Treasury or his delegate, an automatic waiver
from the 5-year waiting period for reconsolidation provided in section
1504(a)(3) of such Code shall be granted to any corporation which was
previously an includible corporation but was subsequently deemed a
nonincludible corporation as a result of becoming a subsidiary of a
corporation which was not an includible corporation solely by operation
of section 1504(c)(2) of such Code (as in effect on the day before the
date of the enactment of this Act). | Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.)Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company. | A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. AMENDMENT TO DEFINITION OF FINANCIAL INSTITUTION.
Section 1003(3) of the Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3302(3)) is amended to read as follows:
``(3) the term `financial institution'--
``(A) means a commercial bank, a savings bank, a
trust company, a savings association, a building and
loan association, a homestead association, a
cooperative bank, or a credit union; and
``(B) for purposes of sections 1012, 1013, and
1014, includes a nondepository covered person subject
to supervision by the Bureau of Consumer Financial
Protection under section 1024 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5514).''.
SEC. 3. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Independent Examination Review Director
describing with particularity the reasons that a longer period
is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
SEC. 4. INDEPENDENT EXAMINATION REVIEW DIRECTOR.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 3, is further amended
by adding at the end the following:
``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review (the `Office').
``(b) Head of Office.--There is established the position of the
Independent Examination Review Director (the `Director'), as the head
of the Office. The Director shall be appointed by the Council and shall
be independent from any member agency of the Council.
``(c) Term.--The Director shall serve for a term of 5 years, and
may be appointed to serve a subsequent 5-year term.
``(d) Staffing.--The Director is authorized to hire staff to
support the activities of the Office.
``(e) Duties.--The Director shall--
``(1) receive and, at the Director's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) in accordance with subsection (f), review examination
procedures of the Federal financial institutions regulatory
agencies to ensure that the written examination policies of
those agencies are being followed in practice and adhere to the
standards for consistency established by the Council;
``(4) conduct a continuing and regular review of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1014; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(f) Standard for Reviewing Examination Procedures.--In conducting
reviews pursuant to subsection (e)(4), the Director shall prioritize
factors relating to the safety and soundness of the financial system of
the United States.
``(g) Removal.--If the Director is removed from office, the Council
shall communicate in writing the reasons for any such removal to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate not
later than 30 days before the removal.
``(h) Confidentiality.--The Director shall keep confidential all
meetings with, discussions with, and information provided by financial
institutions.''.
SEC. 5. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 4, is further amended
by adding at the end the following:
``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
``(a) In General.--A financial institution shall have the right to
obtain an independent review of a material supervisory determination
contained in a final report of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Independent Examination Review
Director (the `Director') within 60 days after receiving the
final report of examination that is the subject of such review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that the
determination is incorrect or should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall determine the merits
of the appeal on the record or, at the financial institution's
election, shall refer the appeal to an Administrative Law Judge
to conduct a confidential hearing pursuant to the procedures
set forth under sections 556 and 557 of title 5, United States
Code, which hearing shall take place not later than 60 days
after the petition for review was received by the Director, and
to issue a proposed decision to the Director based upon the
record established at such hearing.
``(2) Standard of review.--In rendering a determination or
recommendation under this subsection, neither the
Administrative Law Judge nor the Director shall defer to the
opinions of the examiner or agency, but shall conduct a de novo
review to independently determine the appropriateness of the
agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance, as well as
evidence adduced at any hearing.
``(d) Final Decision.--A decision by the Director on an independent
review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) subject to subsection (e), be deemed a final agency
action and shall bind the agency whose supervisory
determination was the subject of the review and the financial
institution requesting the review.
``(e) Limited Review by FFIEC.--
``(1) In general.--If the agency whose supervisory
determination was the subject of the review believes that the
Director's decision under subsection (d) would pose an imminent
threat to the safety and soundness of the financial
institution, such agency may file a written notice seeking
review of the Director's decision with the Council within 10
days of receiving the Director's decision.
``(2) Standard of review.--In making a determination under
this subsection, the Council shall conduct a review to
determine whether there is substantial evidence that the
Director's decision would pose an imminent threat to the safety
and soundness of the financial institution.
``(3) Final determination.--A determination by the Council
shall--
``(A) be made not later than 30 days after the
filing of the notice pursuant to paragraph (1); and
``(B) be deemed a final agency action and shall
bind the agency whose supervisory determination was the
subject of the review and the financial institution
requesting the review.
``(f) Right to Judicial Review.--A financial institution shall have
the right to petition for review of final agency action under this
section by filing a Petition for Review within 60 days of the
Director's decision or the Council's decision in the United States
Court of Appeals for the District of Columbia Circuit or the Circuit in
which the financial institution is located.
``(g) Report.--The Director shall report annually to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate on actions taken
under this section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall such a
report contain information about individual financial institutions or
any confidential or privileged information shared by financial
institutions.
``(h) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party (as
defined under section 3 of the Federal Deposit Insurance Act),
for exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect the right of a Federal financial
institutions regulatory agency to take enforcement or other
supervisory actions related to a material supervisory
determination under review under this section; or
``(2) to prohibit the review under this section of a
material supervisory determination with respect to which there
is an ongoing enforcement or other supervisory action.''.
SEC. 6. ADDITIONAL AMENDMENTS.
(a) Riegle Community Development and Regulatory Improvement Act of
1994.--Section 309 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4806) is amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant
from retaliation by agency examiners'' and inserting
``the insured depository institution or insured credit
union from retaliation by the agencies referred to in
subsection (a)''; and
(B) by adding at the end the following flush-left
text:
``For purposes of this subsection and subsection (e), retaliation
includes delaying consideration of, or withholding approval of, any
request, notice, or application that otherwise would have been
approved, but for the exercise of the institution's or credit union's
rights under this section.'';
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''; and
(4) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and
``(v) any suspension or removal of an
institution's status as eligible for expedited
processing of applications, requests, notices,
or filings on the grounds of a supervisory or
compliance concern, regardless of whether that
concern has been cited as a basis for another
material supervisory determination or matter
requiring attention in an examination report,
provided that the conduct at issue did not
involve violation of any criminal law; and''.
(b) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place such term appears.
(c) Federal Financial Institutions Examination Council Act of
1978.--The Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003, by amending paragraph (1) to read as
follows:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration; and
``(B) for purposes of sections 1012, 1013, and
1014, includes the Bureau of Consumer Financial
Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''.
SEC. 7. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
(a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,324,285,000''.
(b) Effective Date.--Subsection (a) shall take effect on June 1,
2018.
Passed the House of Representatives March 15, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Financial Institutions Examination Fairness and Reform Act (Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to apply specified procedures related to reporting and review, as established by the bill, to a nondepository covered person that is subject to Consumer Financial Protection Bureau (CFPB) supervision. (Sec. 3) The bill sets deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency. (Sec. 4) The Office of Independent Examination Review is established to adjudicate appeals and investigate complaints from financial institutions concerning examination reports. (Sec. 5) Financial institutions have the right to an independent review of a material supervisory determination. The bill also establishes a limited review by the Federal Financial Institutions Examination Council (FFIEC) if there is evidence that the final decision reached by the office would pose an imminent threat to the financial institution's safety and soundness. Certain retaliatory actions by regulatory agencies with respect to such review are prohibited. (Sec. 6) The bill also requires the establishment of an independent internal agency appellate process at the CFPB for the review of supervisory determinations made at institutions supervised by the CFPB. The proportion of FFIEC costs covered by regulatory agencies is raised. (Sec. 7) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks. | Financial Institutions Examination Fairness and Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Credit Card Abuse
Prevention Act of 2006''.
SEC. 2. MANAGEMENT OF PURCHASE CARDS.
(a) Required Safeguards and Internal Controls.--The head of each
executive agency that issues and uses purchase cards and convenience
checks shall establish and maintain safeguards and internal controls to
ensure the following:
(1) That there is a record in each executive agency of each
holder of a purchase card issued by the agency for official
use, annotated with the limitations on single transaction and
total credit amounts that are applicable to the use of each
such card by that purchase cardholder.
(2) That each purchase card holder is assigned an approving
official other than the card holder with the authority to
approve or disapprove expenditures.
(3) That the holder of a purchase card and each official
with authority to authorize expenditures charged to the
purchase card are responsible for--
(A) reconciling the charges appearing on each
statement of account for that purchase card with
receipts and other supporting documentation; and
(B) forwarding such reconciliation to the
designated official who certifies the bill for payment
in a timely manner.
(4) That any disputed purchase card charge, and any
discrepancy between a receipt and other supporting
documentation and the purchase card statement of account, is
resolved in the manner prescribed in the applicable
Governmentwide purchase card contract entered into by the
Administrator of General Services.
(5) That payments on purchase card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
(6) That rebates and refunds based on prompt payment on
purchase card accounts are monitored for accuracy and properly
recorded as a receipt to the agency that pays the monthly bill.
(7) That records of each purchase card transaction
(including records on associated contracts, reports, accounts,
and invoices) are retained in accordance with standard
Government policies on the disposition of records.
(8) That periodic reviews are performed to determine
whether each purchase cardholder has a need for the purchase
card.
(9) That appropriate training is provided to each purchase
cardholder and each official with responsibility for overseeing
the use of purchase cards issued by an executive agency.
(10) That the executive agency has specific policies
regarding the number of purchase cards issued by various
organizations and categories of organizations, the credit
limits authorized for various categories of cardholders, and
categories of employees eligible to be issued purchase cards,
and that those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the purchase
cards and to ensure the integrity of purchase cardholders.
(11) That the executive agency utilizes technologies to
prevent or identify fraudulent purchases, including controlling
merchant codes and utilizing statistical machine learning and
pattern recognition technologies that review the risk of every
transaction.
(12) That the executive agency invalidates the purchase
card of each employee who--
(A) ceases to be employed by the agency immediately
upon termination of the employment of the employee; or
(B) transfers to another unit of the agency
immediately upon the transfer of the employee.
(13) That the executive agency takes steps to recover the
cost of any improper or fraudulent purchase made by an
employee, including, as necessary, through salary offsets.
(b) Management of Purchase Cards.--The head of each executive
agency shall prescribe regulations implementing the safeguards and
internal controls in subsection (a). The regulations shall be
consistent with regulations that apply Governmentwide regarding the use
of purchase cards by Government personnel for official purposes.
(c) Penalties for Violations.--The regulations prescribed under
subsection (b) shall provide for appropriate adverse personnel actions
or other punishment to be imposed in cases in which employees of an
executive agency violate such regulations or are negligent or engage in
misuse, abuse, or fraud with respect to a purchase card, including
imposition of the following penalties:
(1) In the case of an employee who is suspected by the
executive agency to have engaged in fraud, referral of the case
to the United States Attorney with jurisdiction over the
matter.
(2) In the case of an employee who is found guilty of fraud
or found by the executive agency to have egregiously abused a
purchase card, dismissal of the employee.
(d) Risk Assessments and Audits.--The Inspector General of each
executive agency shall--
(1) periodically conduct risk assessments of the agency
purchase card program and associated internal controls and
analyze identified weaknesses and the frequency of improper
activity in order to develop a plan for using such risk
assessments to determine the scope, frequency, and number of
periodic audits of purchase cardholders;
(2) perform periodic audits of purchase cardholders
designed to identify--
(A) potentially fraudulent, improper, and abusive
uses of purchase cards;
(B) any patterns of improper cardholder
transactions, such as purchases of prohibited items;
and
(C) categories of purchases that should be made by
means other than purchase cards in order to better
aggregate purchases and obtain lower prices;
(3) report to the head of the executive agency concerned on
the results of such audits; and
(4) report to the Director of the Office of Management and
Budget and the Comptroller General on the implementation of
recommendations made to the head of the executive agency to
address findings during audits of purchase cardholders.
(e) Definition of Executive Agency.--In this section, the term
``executive agency'' has the meaning given such term in section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
(f) Relationship to Department of Defense Purchase Card
Regulations.--
(1) Except as provided under paragraph (2), the
requirements under this section shall not apply to the
Department of Defense.
(2) Section 2784(b) of title 10, United States Code, is
amended--
(A) in paragraph (8), by striking ``periodic
audits'' and all that follows through the period at the
end and inserting ``risk assessments of the agency
purchase card program and associated internal controls
and analyze identified weaknesses and the frequency of
improper activity in order to develop a plan for using
such risk assessments to determine the scope,
frequency, and number of periodic audits of purchase
cardholders.''; and
(B) by adding at the end the following new
paragraphs:
``(11) That the Department of Defense utilizes technologies
to prevent or identify fraudulent purchases, including
controlling merchant codes and utilizing statistical machine
learning and pattern recognition technologies that review the
risk of every transaction.
``(12) That the Secretary of Defense--
``(A) invalidates the purchase card of each
employee who ceases to be employed by the Department of
Defense immediately upon termination of the employment
of the employee; and
``(B) invalidates the purchase card of each
employee who transfers to another agency or subunit
within the Department of Defense immediately upon such
transfer.''.
SEC. 3. MANAGEMENT OF TRAVEL CARDS.
Section 2 of the Travel and Transportation Reform Act of 1998
(Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the
end the following new subsection:
``(h) Management of Travel Charge Cards.--
``(1) Required safeguards and internal controls.--The head
of each executive agency that has employees that use travel
charge cards shall establish and maintain safeguards and
internal controls over travel charge cards to ensure the
following:
``(A) That there is a record in each executive
agency of each holder of a travel charge card issued by
the agency for official use, annotated with the
limitations on amounts that are applicable to the use
of each such card by that travel charge cardholder.
``(B) That rebates and refunds based on prompt
payment on travel charge card accounts are properly
recorded as a receipt of the agency that employs the
cardholder.
``(C) That periodic reviews are performed to
determine whether each travel charge cardholder has a
need for the travel charge card.
``(D) That appropriate training is provided to each
travel charge cardholder and each official with
responsibility for overseeing the use of travel charge
cards issued by an executive agency.
``(E) That each executive agency has specific
policies regarding the number of travel charge cards
issued by various organizations and categories of
organizations, the credit limits authorized for various
categories of cardholders, and categories of employees
eligible to be issued travel charge cards, and that
those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the
travel charge cards and to ensure the integrity of
travel charge cardholders.
``(F) That the head of each executive agency
negotiates with the holder of the applicable travel
card contract, or a third party provider of credit
evaluations if such provider offers more favorable
terms, to evaluate the creditworthiness of an
individual before issuing the individual a travel
charge card, and that no individual be issued a travel
charge card if the individual is found not creditworthy
as a result of the evaluation (except that this
paragraph shall not preclude issuance of a restricted
use travel charge card when the individual lacks a
credit history or the issuance of a pre-paid card when
the individual has a credit score below the minimum
credit score established by the agency). Each executive
agency shall establish a minimum credit score for
determining the creditworthiness of an individual based
on rigorous statistical analysis of the population of
cardholders and historical behaviors. Notwithstanding
any other provision of law, such evaluation shall
include an assessment of an individual's consumer
report from a consumer reporting agency as those terms
are defined in section 603 of the Fair Credit Reporting
Act. The obtaining of a consumer report under this
subsection is deemed to be a circumstance or purpose
authorized or listed under section 604 of the Fair
Credit Reporting Act.
``(G) That each executive agency utilizes
technologies to prevent or identify fraudulent
purchases, including controlling merchant codes and
utilizing statistical machine learning and pattern
recognition technologies that review the risk of every
transaction.
``(H) That each executive agency ensures that the
travel charge card of each employee who ceases to be
employed by the agency is invalidated immediately upon
termination of the employment of the employee.
``(I) That each executive agency utilizes mandatory
split disbursements for travel card purchases.
``(2) Regulations.--The Administrator of General Services
shall prescribe regulations governing the implementation of the
safeguards and internal controls in paragraph (1) by executive
agencies.
``(3) Penalties for violations.--The regulations prescribed
under paragraph (2) shall provide for appropriate adverse
personnel actions or other punishment to be imposed in cases in
which employees of an executive agency violate such regulations
or are negligent or engage in misuse, abuse, or fraud with
respect to a travel charge card, including removal in
appropriate cases.
``(4) Inspector general requirements.--The Inspector
General of each executive agency shall--
``(A) periodically conduct risk assessments of the
agency travel card program and associated internal
controls and analyze identified weaknesses and the
frequency of improper activity in order to develop a
plan for using such risk assessments to determine the
scope, frequency, and number of periodic audits of
purchase cardholders;
``(B) perform periodic audits of travel cardholders
designed to identify potentially fraudulent, improper,
and abusive uses of travel cards;
``(C) report to the head of the executive agency
concerned on the results of such audits; and
``(D) report to the Director of the Office of
Management and Budget and the Comptroller General on
the implementation of recommendations made to the head
of the executive agency to address findings during
audits of travel cardholders.
``(5) Definitions.--In this subsection:
``(A) The term `executive agency' means an agency
as that term is defined in section 5701 of title 5,
United States Code, except that it is in the executive
branch.
``(B) The term `travel charge card' means the
Federal contractor-issued travel charge card that is
individually billed to each cardholder.''.
SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS.
The head of an executive agency that has employees who use a
centrally billed account shall establish and maintain safeguards and
internal controls to ensure the following:
(1) That items submitted on an employee's travel voucher
are compared with items paid for using a centrally billed
account to ensure that an employee is not reimbursed for an
item already paid for through a centrally billed account.
(2) That the executive agency submits requests for refunds
for unauthorized purchases to the holder of the applicable
contract for a centrally billed account.
(3) That the executive agency submits requests for refunds
for fully or partially unused tickets to the holder of the
applicable contract for a centrally billed account.
SEC. 5. REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the head of each executive agency shall promulgate
regulations to implement the requirements of sections 2 and 4;
and
(2) the Administrator of General Services shall promulgate
regulations required pursuant to the amendments made by section
3.
(b) Best Practices.--Regulations promulgated under this section
shall reflect best practices for conducting purchase card and travel
card programs. | Government Credit Card Abuse Prevention Act of 2006 - Directs each executive agency (with separate Department of Defense (DOD) requirements) and amends the Travel and Transportation Reform Act of 1998 to require specified credit card and convenience card controls and safeguards, including risk assessment analyses, audits, and the reporting of such analyses and audits. | To prevent abuse of Government credit cards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is increasingly relying on private
security contractors to perform mission critical and emergency
essential functions that historically have been performed by
United States military or government personnel.
(2) The number of private security contractors in Iraq is
reported to be at least 48,000 and Department of State funding
for private security and law enforcement contractors is
estimated to have increased from $1,000,000,000 to
$4,000,000,000.
(3) The Congressional Research Service reports that about
one-quarter of private security contractors are third-party
nationals.
(4) On October 18, 2007, Secretary of Defense Robert Gates
said that the work of many contractors in Iraq was ``at cross-
purposes to our larger mission in Iraq'', and that ``right now
those missions are in conflict ...''.
(5) A December 2006 report by the Government Accountability
Office found multiple deficiencies in the Army's oversight of
contractors in Iraq, including ``limited visibility over
contractors'', a lack of ``adequate contractor oversight
personnel'', and ``little or no training on the use of
contractors''.
(6) The Congress does not have access to security
contracts, the number of private security contractors working
in Iraq, Afghanistan and other combat zones, the number of
contractors who have died or any disciplinary actions taken
against them.
(7) The relationship between the governments of the United
States and Iraq has been negatively impacted by violent
incidents involving private military contractors and Iraqi
citizens, including a December 24, 2006, shooting of the guard
of the Iraqi Vice President and a September 16, 2007, shooting
by Blackwater employees that killed 17 Iraqi citizens and
wounded 24.
(8) The Government of Iraq has demanded that the United
States Government sever all contracts in Iraq with Blackwater
and expel the company from Iraq within six months, highlighting
the danger in relying on private security contractors for
mission critical functions.
(9) The use of private security contractors for mission
critical functions undermines the mission, jeopardizes the
safety of American troops conducting military operations in
Iraq and other combat zones, and should be phased out.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mission critical or emergency essential functions.--The
term ``mission critical or emergency essential functions''--
(A) means--
(i) activities for which continued
performance is considered essential to support
combat systems and operational activities; or
(ii) activities whose delay, absence, or
failure of performance would significantly
affect the broader success or failure of a
military operation; and
(B) includes--
(i) the provision of protective services;
(ii) the provision of security advice and
planning;
(iii) military and police training;
(iv) repair and maintenance for weapons
systems;
(v) prison administration;
(vi) interrogation; and
(vii) intelligence.
(2) Specified congressional committee.--The term
``specified congressional committee'' means each of the
following committees:
(A) The Committees on Armed Services, Oversight and
Government Reform, Appropriations, and Foreign Affairs,
and the Permanent Select Committee on Intelligence, of
the House of Representatives.
(B) The Committees on Armed Services, Homeland
Security and Governmental Affairs, Appropriations, and
Foreign Relations, and the Select Committee on
Intelligence, of the Senate.
SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC
SECURITY IN IRAQ.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of State shall ensure that all personnel at any
United States diplomatic or consular mission in Iraq are provided
security services only by Federal Government personnel.
SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION
CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL CONFLICT
ZONES IN WHICH CONGRESS HAS AUTHORIZED THE USE OF FORCE.
(a) Report by President.--
(1) Requirement.--Not later than June 1, 2008, the
President shall submit to each specified congressional
committee a report on the status of planning for the transition
away from the use of private contractors for mission critical
or emergency essential functions by January 1, 2009, in all
conflict zones in which Congress has authorized the use of
force.
(2) Additional matters covered.--If the report states that
the relevant agencies will not be able to transition to
government and military personnel for such functions by January
1, 2009, the President shall include the following in the
report:
(A) A statement of the reasons why the relevant
agencies are unable to do so, the date by which they
will be able to do so, and the plan to ensure that they
will be able to do so by that date.
(B) A certification that--
(i) all contract employees have undergone
background checks to ensure that they do not
have criminal records and have not been accused
of human rights abuses;
(ii) contract employees cannot have been
charged with crime in other employment if that
charge is still pending;
(iii) contract employees are under the
jurisdiction of section 3261 of title 18,
United States Code (relating to military
extraterritorial jurisdiction);
(iv) contract employees, if accused of
crimes by the host country, must remain in
United States custody; and
(v) contracts include whistleblower
protections for employees to provide good faith
information to management, government agencies,
and Congress of any contract violations, human
rights abuses, or criminal actions.
(3) Form of report.--The report required by this subsection
shall be submitted in unclassified form, to the maximum extent
possible, but may contain a classified annex, if necessary.
(b) Examination of Contractor Accounting Practices.--Any individual
or entity under contract with the Federal Government to provide mission
critical or emergency essential functions after January 1, 2009, shall
allow the specified congressional committees to examine their
accounting practices with respect to any such contract quarterly and
upon request.
(c) Requirements Relating to Contract Renewals.--Any contract with
the Federal Government requiring personnel to perform mission critical
or emergency essential functions that is proposed to be renewed after
the date of the enactment of this Act may be renewed only if--
(1) the President reports to the specified congressional
committees that the relevant agency does not have adequate
personnel to perform the duties stipulated in the contract; and
(2) the President certifies that--
(A) all contract employees have undergone
background checks to ensure that they do not have
criminal records and have not been accused of human
rights abuses;
(B) contract employees are under force of law and
cannot have been charged with crime in other employment
if that charge is still pending;
(C) contract employees, if accused of crimes by the
host country, must remain in the custody of the United
States;
(D) the contract includes whistleblower protections
for employees to provide good faith information to
management, government agencies, and Congress of any
contract violations, human rights abuses, or criminal
actions.
SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS.
(a) Requirement To Allow Congress Access to Copies and Descriptions
of Contracts and Task Orders in Excess of $5,000,000 for Work To Be
Performed in Iraq and Afghanistan.--
(1) Requirement regarding contracts and task orders before
enactment.--The Secretary of Defense, the Secretary of State,
the Secretary of the Interior, and the Administrator of the
United States Agency for International Development shall allow
the chairman and the ranking minority member of each specified
congressional committee access to a copy of, and a description
of the work performed or to be performed under, each contract,
and each task order issued under an existing contract, in an
amount greater than $5,000,000 entered into by the Department
of Defense, the Department of State, the Department of the
Interior, and the Agency for International Development,
respectively, during the period beginning October 1, 2001, and
ending on the last day of the month during which this Act is
enacted for work to be performed in Iraq and Afghanistan.
(2) Form of submissions.--The copies and descriptions
required by paragraph (1) shall be submitted in unclassified
form, to the maximum extent possible, but may contain a
classified annex, if necessary.
(b) Reports on Iraq and Afghanistan Contracts.--The Secretary of
Defense, the Secretary of State, the Secretary of the Interior, and the
Administrator of the United States Agency for International Development
shall each submit to each specified congressional committee a report
not later than 60 days after the date of the enactment of this Act that
contains the following information:
(1) The number of persons performing work in Iraq and
Afghanistan under contracts (and subcontracts at any tier)
entered into by Department of Defense, the Department of State,
the Department of the Interior, and the United States Agency
for International Development, respectively.
(2) The total cost of such contracts.
(3) The total number of persons who have been wounded or
killed in performing work under such contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such contracts
by the contractor, the United States Government, or the
Government of Iraq or Afghanistan. | Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only government personnel provide security services at U.S. diplomatic or consular missions in Iraq.
Requires the President to report to Congress on the status of planning for the use of Government and military personnel instead of private contractors for mission critical or emergency essential functions by January 1, 2009, in all conflict zones where Congress has authorized the use of force.
Authorizes Congress access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the United States Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. Requires certain reports to Congress regarding such contracts. | To phase out the use of private military contractors. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation, on June 4, 2003, all 5 members of
the Federal Communications Commission testified that there has
been, in at least some local radio markets, too much
consolidation.
(3) A commitment to localism--local operations, local
research, local management, locally-originated programming,
local artists, and local news and events--would bolster radio
listening.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due to the scarce amount of
spectrum available and the high cost of buying and running a
large station, many local communities are unable to establish a
radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2,500,000.
(6) In January, 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low-power FM'' or ``LPFM'' to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Commission sought to
``create opportunities for new voices on the air waves and to
allow local groups, including schools, churches, and other
community-based organizations, to provide programming
responsive to local community needs and interests''.
(8) The Commission made clear that the creation of LPFM
would not compromise the integrity of the FM radio band by
stating, ``We are committed to creating a low-power FM radio
service only if it does not cause unacceptable interference to
existing radio service.''.
(9) Currently, FM translator stations can operate on the
second- and third-adjacent channels to full power radio
stations, up to an effective radiated power of 250 watts,
pursuant to part 74 of title 47, Code of Federal Regulations,
using the very same transmitters that LPFM stations will use.
The FCC based its LPFM rules on the actual performance of these
translators that already operate without undue interference to
FM stations. The actual interference record of these
translators is far more useful than any results that further
testing could yield.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September, 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(11) In December, 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(12) The delay prevented millions of Americans from having
a locally operated, community based radio station in their
neighborhood.
(13) Approximately 300 LPFM stations were allowed to
proceed despite the congressional action. These stations are
currently on the air and are run by local government agencies,
groups promoting arts and education to immigrant and indigenous
peoples, artists, schools, religious organizations,
environmental groups, organizations promoting literacy, and
many other civically-oriented organizations.
(14) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
SEC. 3. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 5. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.
The Federal Communications Commission when licensing FM translator
stations shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community. | Local Community Radio Act of 2005 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required.
Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations.
Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.
Requires the FCC when licensing FM translator stations to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. | A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Medicare
Subvention Demonstration Project Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
including a beneficiary under section 1074(a) of such title,
who is entitled to benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).
(2) TRICARE program.--The term ``TRICARE program'' means
the managed health care program that is established by the
Secretary of Defense under the authority of chapter 55 of title
10, United States Code, principally section 1097 of such title,
and includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the Uniformed
Services.
(3) Military treatment facility.--The term ``military
treatment facility'' means a facility referred to in section
1074(a) of title 10, United States Code.
SEC. 3. ESTABLISHMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Health and Human Services shall jointly establish a demonstration
project to provide the Department of Defense with reimbursement, in
accordance with section 4, from the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) for health services
provided to certain medicare-eligible covered military beneficiaries.
(b) Geographic Regions.--The demonstration project established
under this section shall be conducted in one or more geographic regions
in which the TRICARE program has been implemented.
(c) Duration.--The demonstration project established under this
section shall be conducted for a period not to exceed 2 years.
(d) Reporting.--
(1) In general.--
(A) First annual report.--Not later than 15 months
after the demonstration project under this section has
been established, the Secretary of Defense and the
Secretary of Health and Human Services shall jointly
submit to Congress a report including the information
described in paragraph (2).
(B) Final report.--Not later than 90 days after the
termination of the demonstration project, the Secretary
shall jointly submit to Congress a final report
including the information described in paragraph (2).
(2) Information described.--The information described in
this paragraph includes the following:
(A) The number of medicare-eligible covered
military beneficiaries opting to participate in the
demonstration project established under this section
instead of receiving health benefits through another
health insurance plan (including through the medicare
program).
(B) Whether, and in what manner, easier access to
the military treatment system affects the number of
medicare-eligible covered military beneficiaries
receiving health benefits under the medicare program.
(C) A list of the health insurance plans and
programs that were the primary payers for medicare-
eligible covered military beneficiaries during the year
prior to such beneficiary's participation in the
demonstration project and the distribution of
enrollment of such beneficiaries in such plans and
programs.
(D) The total number of medicare-eligible covered
military beneficiaries who participated in the project
during the preceding year and the number of such
beneficiaries who were entitled to benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
and were not enrolled under part B of such title.
(E) An identification of cost-shifting (if any)
among medical care programs as a result of the
demonstration project and a description of the nature
of any such cost-shifting.
(F) An analysis of how the demonstration project
affects the overall accessibility of the military
treatment system and the amount of space available for
point-of-service care and a description of the
unintended effects (if any) upon the normal treatment
priority system.
(G) A description of the difficulties (if any)
experienced by the Department of Defense in managing
the demonstration project.
(H) A description of the effects of the
demonstration project on military treatment facility
readiness and training and the probable effects of the
project on overall Department of Defense medical
readiness and training.
(I) A description of the effects that the
demonstration project, if permanent, would be expected
to have on the overall budget of the military health
care system and the budgets of individual military
treatment facilities.
(J) Whether the demonstration project affects the
cost to the Department of Defense of prescription drugs
or the accessibility, availability, and cost of such
drugs to program beneficiaries.
SEC. 4. REIMBURSEMENT AMOUNTS.
(a) Payment to Department of Defense.--The Secretary of Health and
Human Services shall make monthly payments to the Department of Defense
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund (allocated between each
Trust Fund in an amount to be determined by the Secretary of Health and
Human Services based on the relative weight that benefits from each
Trust Fund contribute to the amounts determined under this subsection)
in an amount equal to the sum of--
(1) the payments determined under subsection (b) with
respect to medicare-eligible covered military beneficiaries who
are enrolled in the TRICARE program; and
(2) the payments determined under subsection (c) with
respect to such beneficiaries who are not enrolled in the
TRICARE program.
(b) TRICARE Payments.--
(1) In general.--The amount of payment determined under
this subsection is an amount equal to \1/12\ of the amount
determined under paragraph (2) for each medicare-eligible
covered military beneficiary enrolled during the year in the
TRICARE program in a geographic region in which the
demonstration project is in operation, but only if such
beneficiary's enrollment is in excess of the minimum enrollment
number determined under subsection (d)(1)(A) for such
geographic region.
(2) Amount determined.--The amount determined under this
paragraph is an amount equal to--
(A) in the case of an individual entitled to
benefits under part A and enrolled under part B of
title XVIII of the Social Security Act, 93 percent of
the average adjusted per capita cost determined under
section 1876(a)(4) of the Social Security Act (42
U.S.C. 1395mm(a)(4)) for such year; or
(B) in the case of an individual entitled to
benefits under part A and not enrolled under part B of
such title, an amount equal to the amount determined
under subparagraph (A) attributable to services covered
by and expenses otherwise reimbursable under part A of
such title only.
(c) Treatment at a Military Treatment Facility.--The amount of
payment determined under this subsection is an amount equal to the sum
of the Secretary's estimates of the amounts determined for each health
service (using a DRG equivalent and fee schedule equivalent scale
developed by the Secretary of Health and Human Services) provided
during the month for which the payment is made under subsection (a) to
each medicare-eligible covered military beneficiary (other than a
beneficiary who is enrolled in the TRICARE program) in a military
treatment facility located in a geographic region in which the
demonstration project is in operation, but only if such level is in
excess of \1/12\ of the minimum level of health services described
under subsection (d)(1)(B) for such geographic region.
(d) Establishment of Base Level of Coverage.--
(1) In general.--Prior to the establishment of the
demonstration project under this Act and subject to paragraph
(2), the Secretary of Defense and the Secretary of Health and
Human Services shall jointly estimate, based on the best
available data--
(A) a minimum enrollment number of medicare-
eligible covered military beneficiaries who are
required to enroll in the TRICARE program during a year
in each geographic region in which the demonstration
project is in operation before the Department of
Defense may receive payment under subsection (a)(1);
and
(B) a minimum level of health services (using a DRG
equivalent and fee schedule equivalent scale developed
by the Secretary of Health and Human Services) provided
to medicare-eligible covered military beneficiaries
(other than beneficiaries enrolled in the TRICARE
program) during a year through a military treatment
facility in each geographic region in which the
demonstration project is in operation before the
Department of Defense may receive payment under
subsection (a)(2).
(2) Determination of baseline costs.--The Secretary of
Defense and the Secretary of Health and Human Services shall
establish the minimum enrollment number under paragraph (1)(A)
and the minimum level of health services under paragraph (1)(B)
such that the projected expenditures by the Department of
Defense for such number of medicare-eligible covered military
beneficiaries and such level of services provided to such
beneficiaries by the Department of Defense is equivalent to the
projected expenditures that would have been made by the
Department for such beneficiaries if the demonstration project
under this Act had not been established.
(3) Upper reimbursement limits.--The Secretary of Defense
and the Secretary of Health and Human Services shall jointly
establish a maximum number of medicare-eligible covered
military beneficiaries and maximum level of health services for
which payment may be made by the Secretary of Health and Human
Services under subsection (a).
(e) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any individual
enrolled in the TRICARE program for whom reimbursement in the amount
determined under subsection (b)(2)(A) is received under subsection
(b)(1).
SEC. 5. MEDICARE SUBVENTION FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a revolving fund known as the Medicare Subvention
Fund (hereafter in this section referred to as the ``Fund'').
(b) Use of Funds.--The Fund shall be available to the Secretary of
Defense, as so provided in appropriations Acts from funds otherwise
appropriated to the Department of Defense, and without fiscal year
limitation--
(1) to make payments to the Secretary of Health and Human
Services for deposit into the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund
in order to reimburse such Funds for additional costs to such
Trust Funds resulting from the operation of the demonstration
project established under this Act;
(2) to provide for the participation of medicare-eligible
covered military beneficiaries in excess of the maximum
enrollment number and maximum level of health services
established under section 4(d)(1);
(3) to provide for payment of administrative expenses
associated with the demonstration project established under
this Act; and
(4) if amounts are available in the Fund after expenditures
are made under paragraphs (1) through (3), for any other lawful
purpose for which the Secretary of Defense may expend funds.
(c) No Funds Available.--The Secretary of Defense may, if
inadequate amounts are available in the Fund, limit the enrollment of
medicare-eligible covered military beneficiaries in the demonstration
project established under this Act.
(d) Authorization of Appropriations.--For each of fiscal years 1997
and 1998, there are authorized to be appropriated from funds otherwise
appropriated to the Department of Defense, for deposit in the Fund such
sums as may be necessary to carry out the purposes described in
paragraphs (1) through (3) of subsection (c). Any amounts appropriated
in accordance with this subsection shall not be taken into account in
establishing appropriations levels for the Department of Defense health
affairs budget. | Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project.
Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses.
Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act. | Uniformed Services Medicare Subvention Demonstration Project Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertising claim.--The term ``advertising claim''
means any representation made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means an adverse reaction
to an unapproved drug or medical device that, when used as
directed--
(A) causes serious harm;
(B) occurred as a result of the medical treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments approved by the Food
and Drug Administration for the same medical condition
or conditions.
(3) Device.--The term ``device'' has the meaning given such
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (g)(1)).
(5) Food.--The term ``food''--
(A) has the meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or other individual who is
legally authorized to provide health care services in the State
in which the services are provided.
(7) Interstate commerce.--The term ``interstate commerce''
means commerce between any State or territory and any place
outside thereof, and commerce within the District of Columbia
or within any other territory not organized with a legislative
body.
(8) Label.--The term ``label'' has the meaning given such
term in section 201(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(k)).
(9) Labeling.--The term ``labeling'' has the meaning given
such term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m)).
(10) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under applicable State law.
(11) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(12) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease or a health condition.
(13) Patient.--The term ``patient'' means any individual
who seeks medical treatment from a health care practitioner for
a disease or health condition.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Seller.--The term ``seller'' means an individual or
organization that receives payment related to the medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(16) Unapproved drug or medical device.--The term
``unapproved drug or medical device'' with respect to a drug or
medical device, means a drug or medical device that is not
approved or authorized for manufacture, sale, and distribution
in interstate commerce under section 505, 513, or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C 355, 360c, and
360(e)) or under section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary) that such individual desires,
or that the legal representative of such individual authorizes, if--
(1) such practitioner has personally examined such
individual and agrees to provide treatment to such individual;
(2) the administration of such treatment does not violate
applicable licensing laws and is within the scope of the
practice of such practitioner;
(3) the health care practitioner complies with the
requirements of subsection (b); and
(4) it is a medical treatment that has not been approved,
certified, or licensed by the Secretary, or is any medical
treatment that has been approved by the designated governmental
agency for a member country of the European Union or the
European Free Trade Association, Canada, Australia, New
Zealand, or Japan but not otherwise approved, certified, or
licensed by the Secretary.
(b) Medical Treatment Requirements.--
(1) In general.--A health care practitioner may provide the
medical treatment requested by an individual described in
subsection (a) if--
(A) there is no reason for the practitioner to
conclude that, based on generally accepted principles
and current information, the medical treatment
requested, when used or provided as directed, will
cause danger to the patient;
(B) in the case of an individual whose treatment is
the administration of a food, drug, or device that has
to be approved, certified, or licensed by the
Secretary, but has not been so approved, certified, or
licensed--
(i) such individual has been informed in
writing that such food, drug, or device has not
been approved, certified, or licensed by the
Secretary for use as a medical treatment of the
medical condition of such individual; and
(ii) prior to the administration of such
treatment, the practitioner has provided the
patient a written statement, which shall become
part of the medical record of the patient, that
includes the following provision: ``WARNING:
This food, drug, or device has not been
declared to be safe and effective by the
Federal Government and any individual who uses
such food, drug, or device does so at his or
her own risk.'';
(C) such individual has been informed in writing of
the nature of the medical treatment, including--
(i) the contents and methods of such
treatment;
(ii) the anticipated benefits of such
treatment;
(iii) any reasonably foreseeable side
effects that may result from such treatment;
(iv) the results of past application of
such treatment by the health care practitioner
and others; and
(v) any other information necessary to
fully meet the requirements for informed
consent of human subjects prescribed by
regulations issued by the Food and Drug
Administration;
(D) except as provided in subsection (c), there
have been no advertising claims made with respect to
the efficacy of the medical treatment by the
practitioner, manufacturer, or distributor;
(E) the label or labeling of any food, drug, or
device that is a part of the requested medical
treatment is not false or misleading;
(F) such individual--
(i) has been provided with a written
statement that such individual has been fully
informed with respect to the information
described in subparagraphs (A) through (D);
(ii) desires such treatment; and
(iii) signs such statement; and
(G) the health care practitioner provides the
patient with a recommendation for the treatment
involved under circumstances that give the patient
sufficient opportunity to consider whether or not to
use such treatment.
(2) Burden of proof.--In any proceeding relating to the
enforcement of paragraph (1)(E) with respect to the label of a
drug, device, or food used in medical treatment covered under
this subsection, the provisions of section 403B(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2(c)) shall
apply with respect to establishing the burden of proof that
such label is false or misleading.
(3) Rule of construction.--Nothing in this section shall be
construed to require informed consent for the prescription of
dietary supplements and foods not requiring such informed
consent prior to the date of the enactment of this Act.
(c) Claim Exceptions.--
(1) Reporting by a health care practitioner.--Subsection
(b)(1)(D) shall not apply to an accurate and truthful reporting
by a health care practitioner of the results of the
practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar
meetings, or to others, so long as the reporting practitioner
has no direct or indirect financial interest in the reporting
of the material and has received no financial benefits of any
kind from the manufacturer, distributor, or other seller for
such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale
of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(1)(D) shall not apply to any statement made by a health
care practitioner directly to a patient or prospective patient.
A health care practitioner shall not be held liable for any
advertising claims made by others unless the practitioner is a
party in the dissemination of the information in such claims.
(3) Dietary supplements statement.--Subsection (b)(1)(D)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall--
(1) immediately cease the use of such treatment;
(2) refrain from recommending the use of any unapproved
drug or medical device that was a part of such treatment;
(3) report to the manufacturer and the Director of the
Centers for Disease Control and Prevention--
(A) the nature of such treatment;
(B) the results of such treatment;
(C) the complete protocol of such treatment; and
(D) the source from which such treatment or any
part thereof was obtained; and
(4) include as part of the reporting under paragraph (3),
an affidavit pursuant to section 1746 of title 28, United
States Code, confirming that all statements made in the report
under such paragraph are accurate.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to individuals, the Secretary shall properly
disseminate information with respect to the danger of the medical
treatment and prohibit the further use of such treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not an approved drug or medical device for a life-
threatening medical condition or conditions, discovers that such
medical treatment has, in the opinion of the health care practitioner,
positive effects on such condition or conditions that are significantly
greater than the positive effects that are expected from an approved
medical treatment for the same condition or conditions, the
practitioner shall--
(1) make a monthly reporting to the National Center for
Complementary and Alternative Medicine at the National
Institutes of Health of--
(A) the nature of such medical treatment (which is
not a conventional medical treatment);
(B) the general results of such treatment
administered in the month involved; and
(C) the protocol of such treatment; and
(2) provide an affidavit pursuant to section 746 of title
28, United States Code, confirming that all statements made in
the monthly reporting under paragraph (1) are accurate and
truthful.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
(a) In General.--Notwithstanding any other provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), an individual
may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce, transport, receive and hold a food, drug,
device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller of the
food, drug, device, or equipment involved.
(b) Notification.--If an individual imports a shipment of a food,
drug, device, or any other equipment, the individual shall notify the
Secretary of any such shipment.
(c) Production of Unapproved Drugs, Devices, and Other Equipment.--
In the case of unapproved drugs, devices, or other equipment, except
those approved by a country listed in section 3(a)(4), a manufacturer
shall provide notice the Secretary of the intent of such manufacturer
to deliver the product into interstate commerce.
(d) Rule of Construction.--Nothing in this Act shall be construed
to limit or interfere with the authority of a health care practitioner
to prescribe, recommend, provide, or administer to a patient for any
medical condition or disease any unapproved drug or medical device that
is lawful under the law of the State or States in which the health care
practitioner practices.
SEC. 7. OTHER LAWS NOT AFFECTED BY THIS ACT.
Nothing in this Act shall be construed to--
(1) apply to the manufacture, distribution, possession,
administration, recommendation, prescription, or provision, or
support the use of any drug that is a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) apply to statements or claims permitted or authorized
under sections 403 and 403B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343, 343-2); or
(3) in any way adversely affect the distribution or sale of
dietary supplements (as defined in section 201(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Gives an individual the right to be treated by a health care practitioner with any medical treatment that the individual desires, including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services, if: (1) the practitioner has personally examined the individual and agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws and is within the scope of the practice of such practitioner.
Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met, including that: (1) there is no reason to conclude that such treatment will cause danger to the individual; and (2) the patient is informed in writing that such treatment has not been approved, certified, or licensed by the Secretary. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition. Allows an individual to introduce or deliver into interstate commerce, or to produce, transport, receive, or hold, a food, drug, device, or equipment solely for use in accordance with this Act if there have been no advertising claims made by the manufacturer, distributor, or seller with respect to a medical treatment. Requires notification to the Secretary if: (1) an individual imports a shipment of a food, drug, device, or any other equipment; or (2) a manufacturer intends to deliver an unapproved drug, device, or other equipment into interstate commerce.
States that nothing in this Act shall in any way adversely affect the distribution or sale of dietary supplements. | A bill to permit an individual to be treated by a health care practitioner with any method of medical treatment such individual requests, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Oil Displacement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the strategic interests of the United States would be
served by a reduction in the Nation's dependence upon imported
oil to produce transportation fuels and other products vital to
both the domestic economy and national security;
(2) this goal would be served by the development of a
viable, commercially competitive synthetic fuels industry
reliant upon domestic coals and other plentiful, nontraditional
carbonaceous feedstocks; and
(3) temporary financial incentives are required to foster
private investment in the technology, design, construction, and
operation of strategic facilities capable of producing
synthetic fuels on a commercial scale.
SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT.
(a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by inserting after paragraph (3) the
following new paragraph:
``(4) the carbonaceous fuels facility credit.''
(b) Amount of Carbonaceous Fuels Facility Credit.--Section 48 of
such Code (relating to the energy credit and the reforestation credit)
is amended by adding after subsection (b) the following new subsection:
``(c) Carbonaceous Fuels Facility Credit.--
``(1) In general.--For purposes of section 46, the
carbonaceous fuels facility credit for any taxable year is an
amount equal to 28 percent of the qualified investment in a
carbonaceous fuels conversion facility for such taxable year.
``(2) Carbonaceous fuels conversion facility.--
``(A) In general.--For purposes of paragraph (1),
the term `carbonaceous fuels conversion facility' means
a facility of the taxpayer--
``(i)(I) the original use of which
commences with the taxpayer or the
reconstruction of which is completed by the
taxpayer (but only with respect to that portion
of the basis which is properly attributable to
such reconstruction), or
``(II) that is acquired through purchase
(as defined by section 179(d)(2)),
``(ii) that is depreciable under section
167,
``(iii) that has a useful life of not less
than 4 years, and
``(iv) that is used to produce a qualified
fuel.
``(B) Special rule for sale-leasebacks.--For
purposes of clause (i) of subparagraph (A), in the case
of a facility that--
``(i) is originally placed in service by a
person, and
``(ii) is sold and leased back by such
person, or is leased to such person, within 3
months after the date such facility was
originally placed in service, for a period of
not less than 12 years,
such facility shall be treated as originally placed in
service not earlier than the date on which such
property is used under the leaseback (or lease)
referred to in clause (ii). The preceding sentence
shall not apply to any property if the lessee and
lessor of such property make an election under this
sentence. Such an election, once made, may be revoked
only with the consent of the Secretary.
``(C) Qualified fuel.--For purposes of clause (iv)
of subparagraph (A), the term `qualified fuel'--
``(i) has the meaning given such term by
section 29(c), except that
``(ii) in respect of subparagraph (C) of
paragraph (1) of section 29(c), the term `coal'
shall, in addition to lignite, be deemed to
include standard anthracite, peat, and any
byproduct from a coal, culm, or silt
preparation facility that contains fixed
carbon.
``(3) Qualified investment.--For purposes of paragraph (1),
the term `qualified investment' means, with respect to any
taxable year, the basis of a carbonaceous fuels conversion
facility placed in service by the taxpayer during such taxable
year.
``(4) Qualified progress expenditures.--
``(A) Increase in qualified investment.--In the
case of a taxpayer who has made an election under
subparagraph (E), the amount of the qualified
investment of such taxpayer for the taxable year
(determined under paragraph (3) without regard to this
subsection) shall be increased by an amount equal to
the aggregate of each qualified progress expenditure for the taxable
year with respect to progress expenditure property.
``(B) Progress expenditure property defined.--For
purposes of this paragraph, the term `progress
expenditure property' means any property being
constructed by or for the taxpayer and which--
``(i) cannot reasonably be expected to be
completed in less than 18 months, and
``(ii) it is reasonable to believe will
qualify as a carbonaceous fuels conversion
facility which is being constructed by or for
the taxpayer when it is placed in service.
``(C) Qualified progress expenditures defined.--For
purposes of this paragraph--
``(i) Self-constructed property.--In the
case of any self-constructed property, the term
`qualified progress expenditures' means the
amount which, for purposes of this subpart, is
properly chargeable (during such taxable year)
to capital account with respect to such
property.
``(ii) Non-self-constructed property.--In
the case of non-self-constructed property, the
term `qualified progress expenditures' means
the amount paid during the taxable year to
another person for the construction of such
property.
``(D) Other definitions.--For purposes of this
subsection--
``(i) Self-constructed property.--The term
`self-constructed property' means property for
which it is reasonable to believe that more
than half of the construction expenditures will
be made directly by the taxpayer.
``(ii) Non-self-constructed property.--The
term `non-self-constructed property' means
property which is not self-constructed
property.
``(iii) Construction, etc.--The term
`construction' includes reconstruction and
erection, and the term `constructed' includes
reconstructed and erected.
``(iv) Only construction of carbonaceous
fuels conversion facility to be taken into
account.--Construction shall be taken into
account only if, for purposes of this subpart,
expenditures therefor are properly chargeable
to capital account with respect to the property.
``(E) Election.--An election under this paragraph
may be made at such time and in such manner as the
Secretary may by regulations prescribe. Such an
election shall apply to the taxable year for which made
and to all subsequent taxable years. Such an election,
once made, may not be revoked except with the consent
of the Secretary.
``(5) Coordination with other credits.--This subsection
shall not apply to any property with respect to which the
energy credit or the rehabilitation credit is allowed unless
the taxpayer elects to waive the application of such credits to
such property.''
(c) Recapture.--Subsection (a) of section 50 of such Code is
amended by adding at the end the following new paragraph:
``(6) Special rules relating to carbonaceous fuels
conversion facility.--For purposes of applying this subsection
in the case of any credit allowable by reason of section 48(c),
the following shall apply:
``(A) General rule.--In lieu of the amount of the
increase in tax under paragraph (1), the increase in
tax shall be an amount equal to the investment tax
credit allowed under section 38 for all prior taxable
years with respect to a carbonaceous fuels conversion
facility (as defined by section 48(c)) multiplied by a
fraction whose numerator is the number of years
remaining to fully depreciate under this title the
carbonaceous fuels conversion facility disposed of, and
whose denominator is the total number of years over
which such facility would otherwise have been subject
to depreciation. For purposes of the preceding
sentence, the year of disposition of the carbonaceous
fuels conversion facility property shall be treated as
a year of remaining depreciation.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a carbonaceous fuels conversion
facility under section 48(c), except that the amount of
the increase in tax under subparagraph (A) of this
paragraph shall be substituted in lieu of the amount
described in such paragraph (2).
``(C) This paragraph shall be applied separately
with respect to the credit allowed under section 38
regarding a carbonaceous fuels conversion facility.''
(d) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end thereof the following new
clause:
``(iv) the portion of the basis of any
carbonaceous fuels conversion facility
attributable to any qualified investment (as
defined by section 48(c)(3)).''
(2) Paragraph (4) of section 50(a) of such Code is amended
by striking ``and (2)'' and inserting ``, (2), and (6)''.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Sale or Assignment of Unused Credit Amount.--Section 50 of such
Code is amended by adding at the end the following new subsection:
``(e) Sale or Assignment of Unused Carbonaceous Fuels Facility
Credit Amount.--
``(1) General rule.--Any unused portion of a carbonaceous
fuels facility credit may be sold or assigned in accordance
with regulations prescribed by the Secretary.
``(2) Treatment of seller.--
``(A) Liability.--The sale or assignment of any
portion of a credit under paragraph (1) shall not
relieve the seller or assignor of any penalty or
interest charged under this title with respect to such
portion.
``(B) Basis.--The basis of a carbonaceous fuels
facility shall not be adjusted by reason of the sale or
assignment of a credit under paragraph (1).
``(3) Treatment of acquirer.--
``(A) Credit claimed.--The credit (or portion
thereof) acquired under paragraph (1) may be claimed
only by the person acquiring such credit in the taxable
year of such person in which such sale or assignment occurred and only
if such person notifies the Secretary of the derivative source of such
credit.
``(B) Liability.--Such person shall not be subject
to any penalty or interest in respect of such credit
for which the seller or assignor remains subject under
paragraph (2)(A).
``(C) Ordering rule.--
``(i) In general.--Such credit shall be
treated as a credit under this part allowable
to such person and shall be used after the
order of all other credits specified by section
38(d).
``(ii) Limitation on carryforwards.--No
amount of a credit acquired under paragraph (1)
may be treated as a business carryforward in
any taxable year beginning after December 31,
2012.
``(4) Regulations.--Not later than 1 year after the date of
the enactment of the Foreign Oil Displacement Act, the
Secretary shall prescribe regulations to carry out this
subsection.''
(f) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS.
(a) Gasoline.--Subsection (a) of section 4083 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Qualified carbonaceous fuel.--
``(A) Exemption.--For taxable years beginning after
90 days after the date of the enactment of this
paragraph and ending before December 31, 2012, the
terms `taxable fuel', `gasoline', and `diesel fuel' do
not include qualified carbonaceous fuel or that portion
of a blend that is qualified carbonaceous fuel.
``(B) Qualified carbonaceous fuel defined.--For
purposes of subparagraph (A), the term `qualified
carbonaceous fuel' means qualified fuel produced by a
carbonaceous fuels conversion facility.
``(C) Other definitions.--For purposes of
subparagraph (B), the terms `qualified fuel' and
`carbonaceous fuels conversion facility' have the
meaning given such terms by section 48(c)(2).''
(b) Aviation Fuel.--Subsection (a) of section 4093 of such Code is
amended by adding at the end the following new sentence: ``Such term
does not include qualified carbonaceous fuel (as defined by section
4083(a)(4)).''
(c) Retail Uses.--Section 4041 of such Code is amended by adding at
the end the following new subsection:
``(n) Certain Carbonaceous Fuel.--
``(1) Exemption.--For taxable years beginning after 90 days
after the date of the enactment of this subsection and ending
before December 31, 2012, no tax shall be imposed under this
section on qualified carbonaceous fuel or that portion of a
blend that is qualified carbonaceous fuel.
``(2) Qualified carbonaceous fuel defined.--For purposes of
paragraph (1), the term `qualified carbonaceous fuel' has the
meaning given such term by section 4083(a)(4).''
(d) Effective Date.--The amendments made by this section shall
apply to fuels produced after the date of the enactment of this Act. | Foreign Oil Displacement Act - Amends the Internal Revenue Code to allow an investment credit for carbonaceous fuels conversion facilities, defined as facilities for producing: (1) oil from shale and tar sands; (2) gas from geopressured brine, Devonian shale, coal seams, or a tight formation, or from biomass; and (3) liquid, gaseous, or solid synthetic fuels from coal (including lignite, standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility containing fixed carbon and including such fuels when used as feedstocks). Provides for recapture. | Foreign Oil Displacement Act |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo
Treaty Land Claims Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions and findings.
Sec. 3. Establishment and membership of Commission.
Sec. 4. Examination of land claims.
Sec. 5. Assistance for Commission.
Sec. 6. Miscellaneous powers of Commission.
Sec. 7. Report.
Sec. 8. Termination.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) Definitions.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under section 3.
(2) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(4) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by three or more families under a grant from the
King of Spain (or his representative) before the effective date
of the Treaty of Cordova, August 24, 1821, or from the
authorities of the Republic of Mexico before May 30, 1848, in
what became part of the United States, regardless of the
original character of the grant.
(5) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law and the right of local self-
government.
(b) Findings.--Congress finds the following:
(1) The western and southwestern portion of the United
States has a unique history regarding the acquisition of
ownership of land as a result of the substantial number of
Spanish and Mexican land grants that were an integral part of
the colonization and growth of the region before the United
States acquired the region in the Treaty of Guadalupe-Hidalgo.
(2) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of article
VI, section 2, of the Constitution of the United States.
(3) Serious questions regarding the prior ownership of
lands in several western and southwestern States, particularly
certain public lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''.
(b) Number and Appointment of Members.--The Commission shall be
composed of seven members appointed by the President by and with the
advice and consent of the Senate. At least three of the members of the
Commission shall be selected from among persons who are eligible
descendants, including one of whom is a member of an Indian tribe.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of level V of the Executive Schedule for each day
(including travel time) during which they are engaged in the actual
performance of duties vested in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) Submission of Land Claims Petitions.--Any three (or more)
eligible descendants who are also descendants of the same community
land grant may file with the Commission a petition on behalf of
themselves and all other descendants of that community land grant
seeking a determination of the validity of the land claim that is the
basis for the petition.
(b) Deadline for Submission.--To be considered by the Commission, a
petition under subsection (a) must be received by the Commission not
later than five years after the date of the enactment of this Act.
(c) Elements of Petition.--A petition under subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(2) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey or,
if a survey is not feasible to them, a sketch map thereof.
(4) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(5) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(d) Petition Hearing.--At one or more locations designated by the
Commission, the Commission shall hold a hearing upon each petition
timely submitted under subsection (a), at which hearing all persons
having an interest in the land involved in the petition shall have the
right, upon notice, to appear as a party.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any petition submitted
under subsection (a).
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(f) Decision.--
(1) In general.--On the basis of the facts contained in a
petition submitted under subsection (a), the hearing held with
regard to the petition, and such other information as the
Commission considers appropriate, the Commission shall
determine the validity of the community land grant described in
the petition.
(2) Recommended relief.--In the case of a petition
determined to be valid, the decision of the Commission under
paragraph (1) shall include the Commission's recommendations
regarding the appropriate relief that should be provided to the
petitioner, including whether the community land grant should
be reconstituted and its lands restored.
(g) Protection of Non-Federal Property.--The decision of the
Commission regarding the validity of a petition submitted under
subsection (a) shall not affect the ownership, title, or rights of
owners of any non-Federal lands covered by the petition. Any
recommendation of the Commission under subsection (f) regarding whether
a community land grant should be reconstituted and its lands restored
may not address non-Federal lands. In the case of a valid petition
covering lands held in non-Federal ownership, the Commission shall
modify any recommendation for reconstitution of the community land
grant to recommend the substitution of comparable Federal lands in the
same State as the State in which the non-Federal lands are located.
SEC. 5. ASSISTANCE FOR COMMISSION.
(a) Community Land Grant Study Center.--To assist the Commission in
the performance of its activities under section 4, the Commission shall
establish a Community Land Grant Study Center at the Onate Center in
Alcalde, New Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and investigations
necessary for the Commission to perform its duties under this Act.
(b) Comptroller General Assistance.--At the request of the
Commission, the Comptroller General may make available personnel,
equipment, and facilities of the Government Accountability Office to
assist the Commission in performing its activities under section 4. The
Commission may review reports previously prepared by the Government
Accountability Office regarding community land grants and request an
interview with the authors of the reports.
SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision under
section 4, the Commission shall submit to the President and the
Congress a report containing each decision, including the
recommendation of the Commission regarding whether certain community
land grants should be reconstituted or other relief provided to
eligible descendants, so that the Congress may act upon the
recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate on the date that is 180 days after
the date such Commission submits its final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,900,000 for each of the
fiscal years 2010 through 2016 for the purpose of carrying out the
activities of the Commission and to establish and operate the Community
Land Grant Study Center under section 5. | Guadalupe-Hidalgo Treaty Land Claims Act of 2009 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848.
Authorizes three or more eligible descendants of the same community land grant to petition the Commission on behalf of themselves and all other descendants. Directs the Commission to recommend appropriate relief to a valid petition, including whether the community land grant should be reconstituted and its non-federal lands restored.
Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to assist the Commission with necessary research and investigations. Directs the Government Accountability Office (GAO) to make necessary personnel, equipment, and facilities available to the Commission. Terminates the Commission 180 days the Commission submits its final report as required by this Act. | To establish a Presidential commission to determine and evaluate the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Transboundary
Aquifer Assessment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to direct the Secretary of the Interior
to establish a United States-Mexico transboundary aquifer assessment
program to systematically assess priority transboundary aquifers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aquifer.--The term ``aquifer'' means a subsurface water-
bearing geologic formation from which significant quantities of
water may be extracted.
(2) IBWC.--The term ``IBWC'' means the International Boundary
and Water Commission, an agency of the Department of State.
(3) Indian tribe.--The term ``Indian tribe'' means an Indian
tribe, band, nation, or other organized group or community--
(A) 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
(B) the reservation of which includes a transboundary
aquifer within the exterior boundaries of the reservation.
(4) Participating state.--The term ``Participating State''
means each of the States of Arizona, New Mexico, and Texas.
(5) Priority transboundary aquifer.--The term ``priority
transboundary aquifer'' means a transboundary aquifer that has been
designated for study and analysis under the program.
(6) Program.--The term ``program'' means the United States-
Mexico transboundary aquifer assessment program established under
section 4(a).
(7) Reservation.--The term ``reservation'' means land that has
been set aside or that has been acknowledged as having been set
aside by the United States for the use of an Indian tribe, the
exterior boundaries of which are more particularly defined in a
final tribal treaty, agreement, executive order, Federal statute,
secretarial order, or judicial determination.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States
Geological Survey.
(9) Transboundary aquifer.--The term ``transboundary aquifer''
means an aquifer that underlies the boundary between a
Participating State and Mexico.
(10) Tri-regional planning group.--The term ``Tri-Regional
Planning Group'' means the binational planning group comprised of--
(A) the Junta Municipal de Agua y Saneamiento de Ciudad
Juarez;
(B) the El Paso Water Utilities Public Service Board; and
(C) the Lower Rio Grande Water Users Organization.
(11) Water resources research institutes.--The term ``water
resources research institutes'' means the institutes within the
Participating States established under section 104 of the Water
Resources Research Act of 1984 (42 U.S.C. 10303).
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary, in consultation and cooperation
with the Participating States, the water resources research institutes,
Sandia National Laboratories, and other appropriate entities in the
United States and Mexico, and the IBWC, as appropriate, shall carry out
the United States-Mexico transboundary aquifer assessment program to
characterize, map, and model priority transboundary aquifers along the
United States-Mexico border at a level of detail determined to be
appropriate for the particular aquifer.
(b) Objectives.--The objectives of the program are to--
(1) develop and implement an integrated scientific approach to
identify and assess priority transboundary aquifers, including--
(A) for purposes of subsection (c)(2), specifying priority
transboundary aquifers for further analysis by assessing--
(i) the proximity of a proposed priority transboundary
aquifer to areas of high population density;
(ii) the extent to which a proposed priority
transboundary aquifer would be used;
(iii) the susceptibility of a proposed priority
transboundary aquifer to contamination; and
(iv) any other relevant criteria;
(B) evaluating all available data and publications as part
of the development of study plans for each priority
transboundary aquifer;
(C) creating a new, or enhancing an existing, geographic
information system database to characterize the spatial and
temporal aspects of each priority transboundary aquifer; and
(D) using field studies, including support for and
expansion of ongoing monitoring and metering efforts, to
develop--
(i) the additional data necessary to adequately define
aquifer characteristics; and
(ii) scientifically sound groundwater flow models to
assist with State and local water management and
administration, including modeling of relevant groundwater
and surface water interactions;
(2) consider the expansion or modification of existing
agreements, as appropriate, between the United States Geological
Survey, the Participating States, the water resources research
institutes, and appropriate authorities in the United States and
Mexico, to--
(A) conduct joint scientific investigations;
(B) archive and share relevant data; and
(C) carry out any other activities consistent with the
program; and
(3) produce scientific products for each priority transboundary
aquifer that--
(A) are capable of being broadly distributed; and
(B) provide the scientific information needed by water
managers and natural resource agencies on both sides of the
United States-Mexico border to effectively accomplish the
missions of the managers and agencies.
(c) Designation of Priority Transboundary Aquifers.--
(1) In general.--For purposes of the program, the Secretary
shall designate as priority transboundary aquifers--
(A) the Hueco Bolson and Mesilla aquifers underlying parts
of Texas, New Mexico, and Mexico;
(B) the Santa Cruz River Valley aquifers underlying Arizona
and Sonora, Mexico; and
(C) the San Pedro aquifers underlying Arizona and Sonora,
Mexico.
(2) Additional aquifers.--The Secretary may, using the criteria
under subsection (b)(1)(A), evaluate and designate additional
priority transboundary aquifers which underlie New Mexico or Texas.
(d) Cooperation With Mexico.--To ensure a comprehensive assessment
of priority transboundary aquifers, the Secretary shall, to the maximum
extent practicable, work with appropriate Federal agencies and other
organizations to develop partnerships with, and receive input from,
relevant organizations in Mexico to carry out the program.
(e) Grants and Cooperative Agreements.--The Secretary may provide
grants or enter into cooperative agreements and other agreements with
the water resources research institutes and other Participating State
entities to carry out the program.
SEC. 5. IMPLEMENTATION OF PROGRAM.
(a) Coordination With States, Tribes, and Other Entities.--The
Secretary shall coordinate the activities carried out under the program
with--
(1) the appropriate water resource agencies in the
Participating States;
(2) any affected Indian tribes;
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer; and
(4) the IBWC, as appropriate.
(b) New Activity.--After the date of enactment of this Act, the
Secretary shall not initiate any new field studies or analyses under
the program before consulting with, and coordinating the activity with,
any Participating State water resource agencies that have jurisdiction
over the aquifer.
(c) Study Plans; Cost Estimates.--
(1) In general.--The Secretary shall work closely with
appropriate Participating State water resource agencies, water
resources research institutes, and other relevant entities to
develop a study plan, timeline, and cost estimate for each priority
transboundary aquifer to be studied under the program.
(2) Requirements.--A study plan developed under paragraph (1)
shall, to the maximum extent practicable--
(A) integrate existing data collection and analyses
conducted with respect to the priority transboundary aquifer;
(B) if applicable, improve and strengthen existing
groundwater flow models developed for the priority
transboundary aquifer; and
(C) be consistent with appropriate State guidelines and
goals.
SEC. 6. EFFECT.
(a) In General.--Nothing in this Act affects--
(1) the jurisdiction or responsibility of a Participating State
with respect to managing surface or groundwater resources in the
Participating State;
(2) the water rights of any person or entity using water from a
transboundary aquifer; or
(3) State water law, or an interstate compact or international
treaty governing water.
(b) Treaty.--Nothing in this Act shall delay or alter the
implementation or operation of any works constructed, modified,
acquired, or used within the territorial limits of the United States
relating to the waters governed by the Treaty Between the United States
and Mexico Regarding Utilization of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, Treaty Series 994 (59 Stat. 1219).
SEC. 7. REPORTS.
Not later than 5 years after the date of enactment of this Act, and
on completion of the program in fiscal year 2016, the Secretary shall
submit to the appropriate water resource agency in the Participating
States, an interim and final report, respectively, that describes--
(1) any activities carried out under the program;
(2) any conclusions of the Secretary relating to the status of
priority transboundary aquifers; and
(3) the level of participation in the program of entities in
Mexico.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $50,000,000 for the period of fiscal years 2007 through
2016.
(b) Distribution of Funds.--Of the amounts made available under
subsection (a), 50 percent shall be made available to the water
resources research institutes to provide funding to appropriate
entities in the Participating States (including Sandia National
Laboratories, State agencies, universities, the Tri-Regional Planning
Group, and other relevant organizations) and to implement cooperative
agreements entered into with appropriate entities in Mexico to conduct
specific authorized activities in furtherance of the program, including
the binational collection and exchange of scientific data.
(c) Criteria.--Funding provided to an appropriate entity in Mexico
pursuant to subsection (b) shall be contingent on that entity providing
50 percent of the necessary resources (including in-kind services) to
further assist in carrying out the authorized activity.
SEC. 9. SUNSET OF AUTHORITY.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States-Mexico Transboundary Aquifer Assessment Act - (Sec. 3) Defines specified terms. (Sec. 4) Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess priority transboundary aquifers, including creating or enhancing a geographic information system database for each priority aquifer; (2) consider expanding existing agreements between the U.S. Geological Survey, the participating states (Arizona, New Mexico, and Texas), the water resources research institutes, and appropriate U.S. and Mexican authorities to conduct joint scientific investigations and archive and share relevant data; and (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information.
Directs the Secretary of the Interior to designate as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers; (2) Santa Cruz River Valley aquifers; and (3) San Pedro aquifers.
Authorizes the Secretary to: (1) designate additional aquifers which underlie Texas or New Mexico; and (2) provide grants or enter into agreements with water resources research institutes and participating state entities to carry out the program.
Directs the Secretary to develop partnerships with relevant organizations in Mexico to carry out the program.
(Sec. 5) Directs the Secretary to: (1) coordinate activities with water resource agencies in the participating states, affected Indian tribes, and other entities conducting monitoring and metering activities, including the International Boundary and Water Commission; and (2) work with participating state water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program.
Prohibits the Secretary from initiating any field studies before consulting and coordinating with the participating state water resource agency with jurisdiction over the aquifer.
(Sec. 6) Prohibits anything in this Act from affecting: (1) the jurisdiction or responsibility of a participating state with respect to managing its surface or groundwater resources; (2) the water rights of any person or entity using water from a transboundary aquifer; or (3) state water law, or an interstate compact or international treaty governing water.
Prohibits anything in this Act from delaying or altering the implementation or operation of any works constructed, modified, acquired, or used within the territorial limits of the United States relating to the waters governed by the Treaty Between the United States and Mexico Regarding Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, Treaty Series 994.
(Sec. 7) Sets forth program reporting requirements.
(Sec. 8) Authorizes FY2006-FY2016 appropriations. Obligates 50% of such funds for entities in the participating states (including Sandia National Laboratories, state agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and Mexico to conduct program activities, including the binational collection and exchange of scientific data.
(Sec. 9) Terminates the Secretary's authority under this Act 10 years after its enactment. | A bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Learning and Understanding
English Together Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Census Bureau reports that 17.9 percent of United
States households speak a language other than English at home.
(2) Many parents in many recently-immigrated families speak
little to no English, possess low literacy skills in their
native language due to limited education, and frequently
struggle to assist their children's English language
development.
(3) The United States is a nation of immigrants, and even
today, according to the 2004 update of the Census, over
34,000,000 individuals who live in the United States were born
outside the country.
SEC. 3. PURPOSE.
The purpose of this Act is to improve the educational, social, and
economic advancement of families with limited English proficient
individuals in need of literacy skills by expanding and enhancing
family literacy services for such families.
SEC. 4. COMPETITIVE GRANT PROGRAM.
(a) Program Authorized.--From funds made available pursuant to
section 9, and after reserving funds under section 9(b), the Secretary
may award grants to family literacy providers to provide, directly or
through a contract with another provider, family literacy services
designed for families with limited English proficient individuals. Each
grant under this Act shall be for a period of 1 year and may be renewed
for a total of 5 additional years.
(b) Application.--Family literacy providers who desire to receive a
grant under this Act shall submit an application at such time,
containing such information, and in such manner as the Secretary may
require. Such application shall include the following:
(1) An assurance that services provided with funds under
this Act shall be provided to the hardest-to-reach populations,
including populations with the greatest economic and social
need.
(2) A description of the services that will be provided
with funds under this Act, including how the services will be
based on research-based reading instruction for limited English
proficient children and parents.
(3) A description of the outcome measures, consistent with
section 6, that are based on scientifically based research and
will be employed by the family literacy provider to measure the
effectiveness of services provided with funds under this Act.
(4) An assurance that, in providing family literacy
services through the grant, the family literacy provider will
collaborate with one or more of the following:
(A) A local educational agency.
(B) An elementary school.
(C) A secondary school.
(D) A nonprofit entity.
(c) Grant Amount.--The amount of a grant under this Act for a
fiscal year shall not be less than $150,000 or more than $1,000,000.
(d) Services Requirements.--Family literacy services under this Act
shall be provided in sufficient intensity in terms of hours, and shall
be of sufficient duration, to make sustainable changes in a family and
shall integrate all of the following activities:
(1) Interactive literacy activities between parents and
their children.
(2) Training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children.
(3) Parent literacy training that leads to economic self-
sufficiency.
(4) An age-appropriate education to prepare children for
success in school and life experiences.
(e) Special Rule.--Family literacy services under this Act may be
provided to a family only if--
(1) each parent in the family has attained 16 years of age;
and
(2) the family has at least one child from birth who has
not yet attained 8 years of age.
SEC. 5. TECHNICAL ASSISTANCE AND TRAINING.
(a) Activities by Secretary.--The Secretary, acting through the
Assistant Secretary for Elementary and Secondary Education, shall
provide technical assistance and training to grantees under this Act
for the purposes described in subsection (c).
(b) Activities by National Organizations.--
(1) In general.--The Secretary shall make grants to, or
enter into contracts with, at least 2 eligible national
organizations to provide technical assistance and training to
grantees under this Act for the purposes described in
subsection (c).
(2) Definition.--In this section, the term ``eligible
national organization'' means a national organization with
expertise in providing family literacy services to limited
English proficient populations.
(c) Purposes.--The purposes of technical assistance and training
provided under this section are the following:
(1) Assisting grantees under this Act to improve the
quality of their family literacy services.
(2) Enabling such grantees that demonstrate the effective
provision of family literacy services, based on improved
outcomes for children and their parents, to provide technical
assistance and training to government agencies and to family
literacy providers that work in collaboration with such
agencies to improve the quality of their family literacy
services.
(3) Assisting such grantees in the implementation of
literacy curriculum and training activities, including
curriculum and training activities that support building on a
child's native language.
(d) Reports to Congress.--Not later than 90 days after the end of
each fiscal year, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report on the
technical assistance and training provided pursuant to subsections (a)
and (b). Each such report shall describe the actions taken by the
Secretary to ensure that such technical assistance and training is of
high-quality and is responsive to the needs of grantees under this Act.
SEC. 6. OUTCOME MEASURES.
The Secretary shall require each family literacy provider receiving
a grant under this Act to meet culturally appropriate and competent
outcome measures described in the provider's application under section
4, including outcome measures with respect to--
(1) acquisition of the English language, including improved
educational levels;
(2) literacy skills and building of a home language;
(3) improved parenting and life skills;
(4) the improved ability of parents with limited English
proficiency to effectively interact with officials of the
schools their children attend;
(5) improved developmental skills and independent learning
of the children; and
(6) increased parental participation in their children's
education and home environments that are supportive of
educational endeavors.
SEC. 7. EVALUATION.
The Secretary shall conduct an annual evaluation of the grant
program under this Act. Such evaluation shall be used by the
Secretary--
(1) for program improvement;
(2) to further define the program's goals and objectives;
and
(3) to determine program effectiveness.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Application of esea terms.--The terms ``elementary
school'', ``limited English proficient'', ``local educational
agency'', ``scientifically based research'', and ``secondary
school'' have the meanings given such terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801). The term ``scientifically based reading research'' has
the meaning given such term in section 1208 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6368).
(2) Family literacy provider.--The term ``family literacy
provider'' means an entity that--
(A) is located in a geographic area containing at
least one public elementary school or secondary school
with a majority enrollment of children with limited
English proficiency; and
(B) is one of the following:
(i) A current grantee under subpart 3 of
part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381
et seq.) (commonly referred to as ``William F.
Goodling Even Start Family Literacy
Programs''), the Head Start Act (42 U.S.C. 9831
et seq.), or any other Federal or State early
childhood program.
(ii) An adult education provider.
(iii) A local educational agency.
(iv) A public or private nonprofit agency.
(v) Another entity that has the
demonstrated ability to provide family literacy
services to limited English proficient adults
and families.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $50,000,000 for each of fiscal years 2008 through 2013.
(b) Reservations.--From funds made available pursuant to subsection
(a) for a fiscal year, the Secretary shall reserve--
(1) not more than 2 percent of such funds for conducting
the annual evaluation required by section 7;
(2) $5,000,000 for technical assistance and training under
section 5(a); and
(3) $5,000,000 for technical assistance and training under
section 5(b). | Families Learning and Understanding English Together Act of 2007 - Authorizes the Secretary of Education to make grants to providers of family literacy services to improve the literacy and English skills of limited English proficient individuals who are parents or children in families where each parent is at least 16 years old and where at least one child is under age eight.
Directs the Secretary to reserve certain funds to: (1) provide technical assistance and training to such grantees; (2) make grants to, or enter contracts with, national organizations that have family literacy service expertise to provide grantees with technical assistance and training; and (3) evaluate and improve such grant program.
Requires grantees to meet specified outcome measures. | To improve the literacy and English skills of limited English proficient individuals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advance Directives Improvement and
Education Act of 2007''.
SEC. 2. ADVANCE DIRECTIVES.
(a) Findings.--Congress makes the following findings:
(1) Every year 2,500,000 people die in the United States.
Eighty percent of those people die in institutions such as
hospitals, nursing homes, and other facilities. Chronic
illnesses, such as cancer and heart disease, account for 2 out
of every 3 deaths.
(2) In 1997, the Supreme Court of the United States, in its
decisions in Washington v. Glucksberg and Vacco v. Quill,
reaffirmed the constitutional right of competent adults to
refuse unwanted medical treatment. In those cases, the Court
stressed the use of advance directives as a means of
safeguarding that right should those adults become incapable of
deciding for themselves.
(3) A survey published in 2005 estimated that the overall
prevalence of advance directives is 29 percent of the general
population, despite the passage of the Patient Self-
Determination Act in 1990, which requires that health care
providers tell patients about advance directives.
(4) Competent adults should complete advance care plans
stipulating their health care decisions in the event that they
become unable to speak for themselves. Through the execution of
advance directives, including living wills and durable powers
of attorney for health care according to the laws of the State
in which they reside, individuals can protect their right to
express their wishes and have them respected.
(b) Purposes.--The purposes of this section are to improve access
to information about individuals' health care options and legal rights
for care near the end of life, to promote advance care planning and
decisionmaking so that individuals' wishes are known should they become
unable to speak for themselves, to engage health care providers in
disseminating information about and assisting in the preparation of
advance directives, which include living wills and durable powers of
attorney for health care, and for other purposes.
(c) Medicare Coverage of End-of-Life Planning and Consultations as
Part of Initial Preventive Physical Examination.--
(1) In general.--Section 1861(ww) of the Social Security
Act (42 U.S.C. 1395x(ww)) is amended--
(A) in paragraph (1), by striking ``paragraph
(2),'' and inserting ``paragraph (2) and an end-of-life
planning consultation (as defined in paragraph (3)),'';
and
(B) by adding at the end the following new
paragraph:
``(3) For purposes of paragraph (1), the term `end-of-life planning
consultation' means a consultation between the physician and an
individual regarding--
``(A) the importance of preparing advance directives in
case an injury or illness causes the individual to be unable to
make health care decisions;
``(B) the situations in which an advance directive is
likely to be relied upon;
``(C) the reasons that the development of a comprehensive
end-of-life plan is beneficial and the reasons that such a plan
should be updated periodically as the health of the individual
changes;
``(D) the identification of resources that an individual
may use to determine the requirements of the State in which
such individual resides so that the treatment wishes of that
individual will be carried out if the individual is unable to
communicate those wishes, including requirements regarding the
designation of a surrogate decision maker (health care proxy);
and
``(E) whether or not the physician is willing to follow the
individual's wishes as expressed in an advance directive.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to initial preventive physical examinations
provided on or after January 1, 2008.
(d) Improvement of Policies Related to the Use and Portability of
Advance Directives.--
(1) Medicare.--Section 1866(f) of the Social Security Act
(42 U.S.C. 1395cc(f)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
if presented by the individual (or on behalf of
the individual), to include the content of such
advance directive in a prominent part of such
record'' before the semicolon at the end;
(ii) in subparagraph (D), by striking
``and'' after the semicolon at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by inserting after subparagraph (E)
the following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(B) in paragraph (3), by striking ``a written'' and
inserting ``an''; and
(C) by adding at the end the following new
paragraph:
``(5)(A) In addition to the requirements of paragraph (1), a
provider of services, Medicare Advantage organization, or prepaid or
eligible organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(2) Medicaid.--Section 1902(w) of the Social Security Act
(42 U.S.C. 1396a(w)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``in the
individual's medical record'' and
inserting ``in a prominent part of the
individual's current medical record'';
and
(II) by inserting ``and if
presented by the individual (or on
behalf of the individual), to include
the content of such advance directive
in a prominent part of such record''
before the semicolon at the end;
(ii) in subparagraph (D), by striking
``and'' after the semicolon at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by inserting after subparagraph (E)
the following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(B) in paragraph (4), by striking ``a written'' and
inserting ``an''; and
(C) by adding at the end the following paragraph:
``(6)(A) In addition to the requirements of paragraph (1), a
provider or organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(3) Effective dates.--
(A) In general.--Subject to subparagraph (B), the
amendments made by paragraphs (1) and (2) shall apply
to provider agreements and contracts entered into,
renewed, or extended under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), and to State
plans under title XIX of such Act (42 U.S.C. 1396 et
seq.), on or after such date as the Secretary of Health
and Human Services specifies, but in no case may such
date be later than 1 year after the date of enactment
of this Act.
(B) Extension of effective date for state law
amendment.--In the case of a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.)
which the Secretary of Health and Human Services
determines requires State legislation in order for the
plan to meet the additional requirements imposed by the
amendments made by paragraph (2), the State plan shall
not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet these additional requirements before
the first day of the first calendar quarter beginning
after the close of the first regular session of the
State legislature that begins after the date of
enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session is
considered to be a separate regular session of the
State legislature.
(e) Increasing Awareness of the Importance of End-of-Life
Planning.--Title III of the Public Health Service Act (42 U.S.C. 241 et
seq.) is amended by adding at the end the following new part:
``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING
ISSUES
``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION
CLEARINGHOUSES.
``(a) Advance Directive Education Campaign.--The Secretary shall,
directly or through grants awarded under subsection (c), conduct a
national public education campaign--
``(1) to raise public awareness of the importance of
planning for care near the end of life;
``(2) to improve the public's understanding of the various
situations in which individuals may find themselves if they
become unable to express their health care wishes;
``(3) to explain the need for readily available legal
documents that express an individual's wishes, through advance
directives (including living wills, comfort care orders, and
durable powers of attorney for health care); and
``(4) to educate the public about the availability of
hospice care and palliative care.
``(b) Information Clearinghouse.--The Secretary, directly or
through grants awarded under subsection (c), shall provide for the
establishment of a national, toll-free, information clearinghouse as
well as clearinghouses that the public may access to find out about
State-specific information regarding advance directive and end-of-life
decisions.
``(c) Grants.--
``(1) In general.--The Secretary shall use at least 60
percent of the funds appropriated under subsection (d) for the
purpose of awarding grants to public or nonprofit private
entities (including States or political subdivisions of a
State), or a consortium of any of such entities, for the
purpose of conducting education campaigns under subsection (a)
and establishing information clearinghouses under subsection
(b).
``(2) Period.--Any grant awarded under paragraph (1) shall
be for a period of 3 years.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000.''.
(f) GAO Study and Report on Establishment of National Advance
Directive Registry.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the feasibility of a national registry
for advance directives, taking into consideration the
constraints created by the privacy provisions enacted as a
result of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study conducted
under paragraph (1) together with recommendations for such
legislation and administrative action as the Comptroller
General of the United States determines to be appropriate.
(g) Effective Date.--Except as provided in subsections (c) and (d),
this section and the amendments made by this section shall take effect
on the date of enactment of this Act. | Advance Directives Improvement and Education Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of end-of-life planning and consultations as part of an initial preventive physical examination.
Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the state in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the state in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if it can be reasonably demonstrated that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under SSA title XIX (Medicaid).
Amends the Public Health Service Act to direct the Secretary of Health and Human Services, directly or through grants, to: (1) conduct a national education campaign to raise public awareness of the importance of planning for care near the end of life; and (2) provide for a national, toll-free information clearinghouse, as well as clearinghouses that the public may access to find out about state-specific information regarding advance directives and end-of-life decisions.
Requires the General Accounting Office to study and report to Congress on the feasibility of a national registry for advanced directives. | A bill to amend titles XVIII and XIX of the Social Security Act and title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes. |
SECTION 1. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL
HEALTH CARE SPECIALISTS FOR VET CENTERS.
(a) Program Required.--The Secretary of Veterans Affairs shall,
acting through the Under Secretary for Health of the Department of
Veterans Affairs, carry out a program to provide scholarships to
individuals pursuing education or training in behavioral health care
specialties that are critical to the operations of Vet Centers in order
to recruit and retain individuals with such specialties for service as
behavioral health care specialists in Vet Centers.
(b) Eligibility.--An individual shall be eligible for a scholarship
under the program under this section if the individual--
(1) is pursuing education or training leading to licensure
or other certified proficiency in such behavioral health care
specialties critical to the operations of Vet Centers as the
Secretary shall designate for purposes of the program; and
(2) otherwise meets such other criteria or requirements as
the Secretary shall establish for purposes of the program.
(c) Amount.--The amount of any scholarship provided under the
program under this section shall be determined by the Secretary.
(d) Agreement To Serve as Behavioral Health Care Specialist in Vet
Centers.--As a condition of receipt of a scholarship under the program
under this section, an individual receiving a scholarship shall enter
into an agreement with the Secretary to serve as an employee of a Vet
Center in the behavioral health care specialty of the individual for
such period as the Secretary shall specify in the agreement.
(e) Repayment.--Each agreement under subsection (c) shall contain
such provisions as the Under Secretary shall establish for purposes of
the program under this section relating to repayment of the amount of a
scholarship provided under this section in the event the individual
entering into such agreement does not fulfill the service requirements
in such agreement. Such provisions shall, to the maximum extent
practicable, apply uniformly to all recipients of scholarships provided
under this section.
(f) Funding.--(1) Amounts for scholarships under the program under
this section shall be derived from amounts available to the Secretary
of Veterans Affairs for readjustment benefits.
(2) The total amount available for scholarships under the program
under this section in any fiscal year may not exceed $2,000,000.
(g) Vet Centers Defined.--In this section, the term ``Vet Centers''
means the centers for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
SEC. 2. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN
OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR
COUNSELING AND SERVICES THROUGH VETS CENTERS.
(a) In General.--Any member of the Armed Forces, including a member
of the National Guard or Reserve, who serves on active duty in the
Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom
is eligible for readjustment counseling and related mental health
services under section 1712A of title 38, United States Code, through
the centers for readjustment counseling and related mental health
services (commonly referred to as ``Vet Centers'') operated under that
section.
(b) No Requirement for Current Active Duty Service.--A member of
the Armed Forces who meets the requirements for eligibility for
counseling and services under subsection (a) is entitled to counseling
and services under that subsection regardless of whether or not the
member is currently on active duty in the Armed Forces at the time of
receipt of counseling and services under that subsection.
(c) Regulations.--The eligibility of members of the Armed Forces
for counseling and services under subsection (a) shall be subject to
such regulations as the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly prescribe for purposes of this section.
SEC. 3. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended by
inserting after subsection (b) the following new subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 4. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED
FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF
ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.
(a) Treatment as Death in Line of Duty of Suicides of Certain
Former Members of the Armed Forces.--The suicide of a former member of
the Armed Forces described in subsection (b) that occurs during the
two-year period beginning on the date of the separation or retirement
of the former member from the Armed Forces shall be treated as a death
in line of duty of a member of the Armed Forces on active duty in the
Armed Forces for purposes of the eligibility of the survivors of the
former member for the benefits described in subsection (c).
(b) Covered Former Members of the Armed Forces.--A former member of
the Armed Forces described in this subsection is any former member of
the Armed Forces with a medical history of a combat-related mental
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic
Brain Injury (TBI).
(c) Covered Benefits.--The benefits described in this subsection
are the benefits as follows:
(1) Burial benefits.
(2) Benefits under the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code.
(3) Benefits under the laws administered by the Secretary
of Veterans Affairs.
(4) Benefits under the Social Security Act.
(d) Dates for Purposes of Certain Determinations.--
(1) Date of death.--Except as provided in paragraph (2),
for purposes of the benefits under this section, the date of
death of a former member of the Armed Forces described by
subsection (a) shall be the date of the separation or
retirement of the former member from the Armed Forces.
(2) Date for nature of eligibility.--In determining the
scope and nature of the entitlement a survivor of a former
member of the Armed Forces described by subsection (a) to
benefits under this section, the date of death of the former
member shall be the date of the suicide of the former member.
(e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in
the retired pay of a former member of the Armed Forces described by
subsection (a) under the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the period beginning
on the date of the retirement of the former member from the Armed
Forces and ending on the date of the suicide of the former member shall
be refunded to the surviving spouse or children, as applicable, of the
former member.
SEC. 5. GRANTS FOR NON-PROFIT ORGANIZATIONS FOR THE PROVISION OF
EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES AND VETERANS.
(a) In General.--The Secretary of Defense shall carry out a program
to award grants to non-profit organizations that provide emotional
support services for survivors of deceased members of the Armed Forces
(including members of the National Guard and Reserve) and deceased
veterans through peers of such survivors.
(b) Award of Grants.--
(1) Eligibility.--To be eligible for a grant under the
program under this section a non-profit organization shall meet
such criteria as the Secretary shall establish for purposes of
the program.
(2) Application.--A non-profit organization seeking a grant
under the program shall submit to the Secretary an application
for the grant in such form and manner as the Secretary shall
specify for purposes of the program.
(c) Grants.--
(1) Amount.--The amount of each grant awarded a non-profit
organization under the program under this section shall be such
amount as the Secretary determines appropriate for purposes of
the program.
(2) Duration.--The duration of each grant awarded a non-
profit organization shall be such period as the Secretary
determines appropriate for purposes of the program.
(d) Use of Grant Funds.--Each non-profit organization awarded a
grant under the program under this section shall utilize amounts under
the grant to provide such emotional support services for survivors of
deceased members of the Armed Forces (including members of the National
Guard and Reserve) and deceased veterans through peers of such
survivors as the Secretary shall specify in the grant.
(e) Funding.--Amounts for grants under the program under this
section shall be derived from amounts authorized to be appropriated for
the Department of Defense for military personnel. | Directs the Secretary of Veterans Affairs to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship on agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement.
Makes any Armed Forces member who serves in Operation Iraqi Freedom or Operation Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers regardless of whether the member is on active duty at the time of receipt of counseling and services.
Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the Department of Veterans Affairs; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release.
Treats the suicide of a former member that occurs within two years after separation or retirement, if the member had a medical history of a combat-related mental health condition, Post Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI), as a death in line of duty for purposes of the survivors' eligibility to burial benefits and benefits under the Survivor Benefit Plan, laws administered by the Secretary, and the Social Security Act.
Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers. | A bill to improve and enhance the mental health care benefits available to members of the Armed Forces and veterans, to enhance counseling and other benefits available to survivors of members of the Armed Forces and veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Four Corners Interpretive Center
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Four Corners Monument is nationally significant as
the only geographic location in the United States where 4 State
boundaries meet;
(2) the States with boundaries that meet at the Four
Corners area are Arizona, Colorado, New Mexico, and Utah;
(3) between 1868 and 1875 the boundary lines that created
the Four Corners were drawn, and in 1899 a monument was erected
at the site;
(4) a United States postal stamp will be issued in 1999 to
commemorate the centennial of the original boundary marker;
(5) the Four Corners area is distinct in character and
possesses important historical, cultural, and prehistoric
values and resources within the surrounding cultural landscape;
(6) although there are no permanent facilities or utilities
at the Four Corners Monument Tribal Park, each year the park
attracts approximately 250,000 visitors;
(7) the area of the Four Corners Monument Tribal Park falls
entirely within the Navajo Nation or Ute Mountain Ute Tribe
reservations;
(8) the Navajo Nation and the Ute Mountain Ute Tribe have
entered into a Memorandum of Understanding governing the
planning and future development of the Four Corners Monument
Tribal Park;
(9) in 1992, through agreements executed by the governors
of Arizona, Colorado, New Mexico, and Utah, the Four Corners
Heritage Council was established as a coalition of State,
Federal, tribal, and private interests;
(10) the State of Arizona has obligated $45,000 for
planning efforts and $250,000 for construction of an
interpretive center at the Four Corners Monument Tribal Park;
(11) numerous studies and extensive consultation with
American Indians have demonstrated that development at the Four
Corners Monument Tribal Park would greatly benefit the people
of the Navajo Nation and the Ute Mountain Ute Tribe;
(12) the Arizona Department of Transportation has completed
preliminary cost estimates that are based on field experience
with rest-area development for the construction for a Four
Corners Monument Interpretive Center and
surrounding infrastructure, including restrooms, roadways, parking,
water, electrical, telephone, and sewage facilities;
(13) an interpretive center would provide important
educational and enrichment opportunities for all Americans; and
(14) Federal financial assistance and technical expertise
are needed for the construction of an interpretive center.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the Four Corners
Monument and surrounding landscape as a distinct area in the
heritage of the United States that is worthy of interpretation
and preservation;
(2) to assist the Navajo Nation and the Ute Mountain Ute
Tribe in establishing the Four Corners Interpretive Center and
related facilities to meet the needs of the general public;
(3) to highlight and showcase the collaborative resource
stewardship of private individuals, Indian tribes,
universities, federal agencies, and the governments of States
and political subdivisions thereof (including counties); and
(4) to promote knowledge of the life, art, culture,
politics, and history of the culturally diverse groups of the
Four Corners region.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Center.--The term ``Center'' means the Four Corners
Interpretive Center established under section 4, including
restrooms, parking areas, vendor facilities, sidewalks,
utilities, exhibits, and other visitor facilities.
(2) Four corners heritage council.--The term ``Four Corners
Heritage Council'' means the nonprofit coalition of Federal,
State, and tribal entities established in 1992 by agreements of
the Governors of the States of Arizona, Colorado, New Mexico,
and Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Recipient.--The term ``Recipient'' means the State of
Arizona, Colorado, New Mexico, or Utah, or any consortium of
two or more of these states.
(5) Four corners monument.--The term ``Four Corners
Monument'' means the physical monument where the boundaries of
the states of Arizona, Colorado, New Mexico and Utah meet.
(6) Four corners monument tribal park.--The term ``Four
Corners Monument Tribal Park'' means lands within the legally
defined boundary of the Four Corners Monument Tribal Park.
SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER.
(a) Establishment.--Subject to the availability of appropriations,
the Secretary is authorized to establish within the boundaries of the
Four Corners Monument Tribal Park a center for the interpretation and
commemoration of the Four Corners Monument, to be known as the ``Four
Corners Interpretive Center''.
(b) Land for the Center shall be designated and made available by
the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of
the Four Corners Monument Tribal Park in consultation with the Four
Corners Heritage Council and in accordance with--
(1) the memorandum of understanding between the Navajo
Nation and the Ute Mountain Ute Tribe that was entered into on
October 22, 1996; and
(2) applicable supplemental agreements with the Bureau of
Land Management, the National Park Service, the United States
Forest Service.
(c) Concurrence.--Nothwithstanding any other provision of this act,
no such center shall be established without the consent of the Navajo
Nation and the Ute Mountain Ute Tribe.
(d) Components of Center.--The Center shall include--
(1) a location for permanent and temporary exhibits
depicting the archaeological, cultural, and natural heritage of
the Four Corners region;
(2) a venue for public education programs;
(3) a location to highlight the importance of efforts to
preserve southwestern archaeological sites and museum
collections;
(4) a location to provide information to the general public
about cultural and natural resources, parks, museums, and
travel in the Four Corners region; and
(5) visitor amenities including restrooms, public
telephones, and other basic facilities.
SEC. 5. CONSTRUCTION GRANT.
(a) Grant.--The Secretary is authorized to award a Federal grant to
the recipient described in section 3(4) for up to 50 percent of the
cost to construct the Center. To be eligible for the grant, the
recipient shall provide assurances that--
(1) the non-Federal share of the costs of construction is
paid from non-Federal sources. The non-Federal sources may
include contributions made by States, private sources, the
Navajo Nation and the Ute Mountain Ute Tribe for planning,
design, construction, furnishing, startup, and operational
expenses;
(2) the aggregate amount of non-Federal funds contributed
by the States used to carry out the activities specified in
subparagraph (A) will not be less than $2,000,000, of which
each of the states that is party to the grant will contribute
equally in cash or in kind;
(3) States may use private funds to meet the requirements
of paragraph (2); and
(4) the State of Arizona may apply $45,000 authorized by
the State of Arizona during fiscal year 1998 for planning and
$250,000 that is held in reserve by that State for construction
towards the Arizona share.
(b) Grant Requirements.--In order to receive a grant under this
act, the recipient shall--
(1) submit to the Secretary a proposal that meets all
applicable--
(A) laws, including building codes and regulations;
(B) requirements under the Memorandum of
Understanding described in paragraph (2) of this
subsection; and
(C) provides such information and assurances as the
Secretary may require;
(2) the recipient shall enter into a Memorandum of
Understanding (MOU) with the Secretary providing--
(A) a timetable for completion of construction and
opening of the Center;
(B) assurances that design, architectural and
construction contracts will be competitively awarded;
(C) specifications meeting all applicable Federal,
state, and local building codes and laws;
(D) arrangements for operations and maintenance
upon completion of construction;
(E) a description of center collections and
educational programming;
(F) a plan for design of exhibits including, but
not limited to, collections to be exhibited, security,
preservation, protection, environmental controls, and
presentations in accordance with professional museum
standards;
(G) an agreement with the Navajo Nation and the Ute
Mountain Ute Tribe relative to site selection and
public access to the facilities; and
(H) a financing plan developed jointly by the
Navajo Nation and the Ute Mountain Ute Tribe outlining
the long-term management of the Center, including but
not limited to--
(i) the acceptance and use of funds derived
from public and private sources to minimize the
use of appropriated or borrowed funds;
(ii) the payment of the operating costs of
the Center through the assessment of fees or
other income generated by the Center;
(iii) a strategy for achieving financial
self-sufficiency with respect to the Center by
not later than 5 years after the date of
enactment of this Act; and
(iv) defining appropriate vendor standards
and business activities at the Four Corners
Monument Tribal Park.
SEC. 6. SELECTION OF GRANT RECIPIENT.
The Secretary is authorized to award a grant in accordance with the
provisions of this act. The Four Corners Heritage Council may make
recommendations to the Secretary on grant proposals regarding the
design of facilities at the Four Corners Monument Tribal Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
In General.--
(1) Authorizations.--There are authorized to be
appropriated to carry out this act--
(A) $2,000,000 for fiscal year 1999; and
(B) $50,000 for each of fiscal years 2000-2004 for
maintenance and operation of the center, program
development, or staffing in a manner consistent with
the requirements of Section 5(b).
(2) Carryover.--Any funds made available under this section
that are unexpended at the end of the fiscal year for which
those funds are appropriated may be used by the Secretary
through fiscal year 2001 for the purposes for which those funds
were made available.
(3) Reservation of funds.--The Secretary may reserve funds
appropriated pursuant to this act until a proposal meeting the
requirements of this act is submitted, but no later than
September 30, 2000.
SEC. 8. DONATIONS.
Notwithstanding any other provision of law, for purposes of the
planning, construction, and operation of the Center, the Secretary may
accept, retain, and expand donations of funds, and use property or
services donated from private persons and entities or from public
entities.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act is intended to abrogate, modify, or impair any
right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that
is based on any law (including any treaty, Executive order, agreement,
or Act of Congress). | Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe.
Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these States) for up to 50 percent of the cost to construct the Center.
Authorizes appropriations. | Four Corners Interpretive Center Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in `qualified states'.--
``(A) In general.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in accordance
with the provisions of this subsection, except as
otherwise specifically provided in this paragraph.
``(B) Guarantee amounts.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in an amount
equal to--
``(i) not less than 90 percent of the
balance of any loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance outstanding at the time of
disbursement, if such loan is less than
$200,000.
``(C) Temporary exemption from guarantee fees.--The
Administration may not collect a guarantee fee from the
lending institution or the borrower in connection with
participation in a loan on a guaranteed basis in
accordance with this paragraph during the first 2 years
of such participation. During the third, fourth, and
fifth years of participation, such fees may be
collected in an amount equal to not more than 1 percent
of the outstanding balance of the guaranteed amount.
The fee shall be payable by the participating lending
institution, and may be charged to the borrower.
``(D) In order to encourage lending institutions
and other entities making loans authorized under this
subsection to provide loans to small business concerns
located in qualified States, such lenders may retain
one-half of any fee collected pursuant to subparagraph
(C) on loans of not more than $200,000. A participating
lender may not retain any fee pursuant to this
subparagraph if the amount committed and outstanding to
the small business concern would be more than $200,000,
unless the amount in excess of $200,000 is an amount
that is not approved under the provisions of this
paragraph.
``(E) Definitions.--For purposes of this
paragraph--
``(i) the term `qualified State' means any
of the several States of the United States and
the District of Columbia if, during the 12-
month period preceding the date of enactment of
this paragraph--
``(I) not less than 1 insured
depository institution located in that
State having total assets of not less
than $100,000,000 has been closed due
to the inability to meet the demands of
depositors; or
``(II) not less than 2 insured
depository institutions located in that
State, having combined total assets of
not less than $150,000,000, have been
closed due to the inability to meet the
demands of depositors; and
``(ii) the term `insured depository
institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.''.
(b) Conforming Amendments.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended--
(1) in paragraph (6)(A), by inserting ``or loans to assist
small business concerns located in qualified States, in
accordance with paragraph (22),'' before ``any reasonable
doubt''; and
(2) in the first sentence of paragraph (18), by inserting
before the period ``, except as otherwise provided in paragraph
(22)''.
SEC. 3. PROGRAM DURATION.
This Act, and the amendments made by this Act, shall remain in
effect for a period of 5 years, beginning on the date of enactment of
this Act. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | Small Business Lending and Credit Availability Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Stability Act of
2015''.
SEC. 2. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN
MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE
OF STATION.
(a) Period of Relocation.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1784a
the following new section:
``Sec. 1784b. Relocation of spouses and dependents in connection with
the permanent change of station of certain members
``(a) Election of Timing of Relocation of Spouses in Connection
With PCS.--
``(1) In general.--Subject to paragraph (2), a member of
the armed forces undergoing a permanent change of station and
the member's spouse may jointly elect that the spouse may
relocate to the location to which the member will relocate in
connection with the permanent change of station at such time
during the covered relocation period as the member and spouse
jointly select.
``(2) Members and spouses eligible to make elections.--A
member and spouse may make an election pursuant to paragraph
(1) as follows:
``(A) If the spouse either--
``(i) is gainfully employed at the
beginning of the covered relocation period
concerned; or
``(ii) is enrolled in a degree,
certificate, or license granting program at the
beginning of the covered relocation period.
``(B) If the member and spouse have one or more
dependents at the beginning of the covered relocation
period concerned, either--
``(i) at least one dependent is a child in
elementary or secondary school at the beginning
of the covered relocation period;
``(ii) the spouse or at least one such
dependent are covered by the Exceptional Family
Member Program at the beginning of the covered
relocation period; or
``(iii) the member and spouse are caring at
the beginning of the covered relocation period
for an immediate family member with a chronic
or long-term illness, as determined pursuant to
the regulations applicable to the members'
armed force pursuant to subsection (g).
``(C) If the member is undergoing a permanent
change of station as an individual augmentee or other
deployment arrangement specified in the regulations
applicable to the member's armed force pursuant to
subsection (g).
``(D) If the member, spouse, or both, meet such
other qualification or qualifications as are specified
in the regulations applicable to the member's armed
force pursuant to subsection (g).
``(E) In the case of a member and spouse who do not
otherwise meet any qualification in subparagraphs (A)
through (D), if the commander of the member at the
beginning of the covered relocation period determines
that eligibility to make the election is in the
interests of the member and spouse for family stability
during the covered relocation period and in the
interests of the armed force concerned. Any such
determination shall be made on a case-by-case basis.
``(b) Election of Timing of Relocation of Certain Dependents of
Unmarried Members in Connection With PCS.--
``(1) In general.--A member of the armed forces undergoing
a permanent change of station who has one or more dependents
described in paragraph (2) and is no longer married to the
individual who is or was the parent (including parent by
adoption) of such dependents at the beginning of the covered
period of relocation may elect that such dependents may
relocate to the location to which the member will relocate in
connection with the permanent change of station at such time
during the covered relocation period as elected as follows:
``(A) By the member alone if such individual is
dead or has no custodial rights in such dependents at
the beginning of such period.
``(B) By the member and such individual jointly in
all other circumstances.
``(2) Dependents.--The dependents described in this
paragraph are as follows:
``(A) Dependents over the age of 19 years for whom
the member has power of attorney regarding residence.
``(B) Dependents under the age of 20 years who will
reside with a caregiver according to the Family Care
Plan of the member during the covered period of
relocation until relocated pursuant to an election
under this subsection.
``(c) Housing.--(1) If the spouse of a member relocates before the
member in accordance with an election pursuant to subsection (a), the
member shall be assigned to quarters or other housing facilities of the
United States as a bachelor, if such quarters are available, until the
date of the member's permanent change of station.
``(2) If a spouse and any dependents of a member covered by an
election under this section reside in housing of the United States at
the beginning of the covered period of relocation, the spouse and
dependents may continue to reside in such housing throughout the
covered period of relocation, regardless of the date of the member's
permanent change of station.
``(3) If a spouse and any dependents of a member covered by an
election under this section are eligible to reside in housing of the
United States following the member's permanent change of station, the
spouse and dependents may commence residing in such housing at any time
during the covered relocation period, regardless of the date of the
member's permanent change of station.
``(d) Basic Allowance for Housing; Stipend.--(1)(A) In the case of
a member undergoing a permanent change of station who is paid basic
allowance for housing at the with dependents' rate at the beginning of
the covered relocation period, the member shall be paid basic allowance
for housing at the with dependents' rate for months beginning during
the covered relocation period regardless of the date on which the
member's spouse and any dependents relocate pursuant to an election
under this section or the assignment of the member to quarters or
facilities on a bachelor basis pursuant to subsection (c)(1).
``(B) In determining the portion of basic allowance for housing
payable to a member under this paragraph that is payable with respect
to the member's dependents, the geographic location of the dependents
shall govern rather than the geographic location of the member.
``(2) If quarters are not available for the assignment of a member
as described in subsection (c)(1), the member shall be paid an amount
(determined in accordance with the regulations applicable to the
member's armed force pursuant to subsection (g)) appropriate to
compensate the member for cost of the housing in which the member
resides in lieu of such quarters until the date on which the member and
the member's spouse reside in the same geographic area after the
member's permanent change of station. Any amount payable to a member
pursuant to this paragraph is in addition to amounts payable to the
member under paragraph (1).
``(e) Transportation of Personal Property.--(1) Any transportation
allowances authorized for the transportation of the personal property
of a member and spouse making an election under subsection (a) may be
allocated among the personal property of the member and spouse in such
manner as the member and spouse shall select.
``(2) In this subsection, the terms `transportation allowances' and
`personal property' have the meaning given such terms in section 451(b)
of title 37.
``(f) Approval.--(1) The Secretary of Defense shall establish a
single approval process for applications for coverage under this
section. The process shall apply uniformly among the armed forces.
``(2) Applications for approval for coverage under this section
shall consist of such elements (including documentary evidence) as the
Secretary shall prescribe for purposes of the approval process required
by this subsection.
``(3) The approval process required by this subsection shall ensure
that the processing of applications for coverage under this section is
completed in a timely manner that permits a spouse and any dependents
to relocate whenever during the covered relocation period selected in
the election concerned. In meeting that requirement, the approval
process shall provide for the processing of applications at the lowest
level in the chain of command of members as it appropriate to ensure
proper administration of this section.
``(g) Regulations.--Each Secretary concerned shall prescribe
regulations for the administration of this section with respect to the
armed force or forces under the jurisdiction of such Secretary.
``(h) Covered Relocation Period Defined.--In this section, the term
`covered relocation period', in connection with the permanent change of
station of a member, means the period that--
``(1) begins 180 days before the date of the permanent
change of station; and
``(2) ends 180 days after the date of the permanent change
of station.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1784a
the following new item:
``1784b. Relocation of spouses and dependents in connection with the
permanent change of station of certain
members.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply with respect to permanent changes of station of
members of the Armed Forces that occur on or after the date
that is 180 days after such effective date.
(b) Comptroller General of the United States Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on
potential actions of the Department of Defense to enhance the
stability of military families undergoing a permanent change of
station.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comparison of the current percentage of
spouses in military families who work with the
percentage of spouses in military families who worked
in the recent past, and an assessment of the impact of
the change in such percentage on military families.
(B) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on the employment, education, and licensure of
spouses of military families.
(C) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on military children, including effect on their
mental health.
(D) An identification of potential actions of the
Department to enhance the stability of military
families undergoing a permanent change of station and
to generate cost savings in connection with such
changes of station.
(E) Such other matters as the Comptroller General
considers appropriate. | Military Family Stability Act of 2015 This bill allows a member of the Armed Forces undergoing a permanent change of station and the member's spouse to jointly elect that the spouse may relocate to the new location at the time during the covered relocation period as the member and spouse jointly select. The following families are eligible: the spouse is employed, or enrolled in a degree, certificate or license-granting program, at the beginning of the covered relocation period; the member and spouse have one or more children in school; the spouse or children are covered under the Exceptional Family Member Program; the member and spouse are caring for an immediate family member with a chronic or long-term illness; or the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement. Families with other needs may receive exceptions granted by military commanders on a case-by-case basis. A member undergoing a permanent change of station who has one or more specified dependents and is no longer married to the individual who is or was the parent of such dependents at the beginning of the covered period of relocation may elect that such dependents relocate to the new location as follows: by the member alone if the former spouse is dead or has no custodial rights, or by the member and the former spouse jointly in all other circumstances. Housing provisions are as follows: if a member's spouse relocates first the member shall be assigned to quarters or other U.S. housing facilities as a bachelor until the date of the member's permanent change of station; if a member's spouse and dependents reside in U.S. housing at the beginning of the covered relocation period, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation regardless of the date of the member's permanent change of station; and if a member's spouse and dependents are eligible to reside in U.S. housing following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period regardless of the date of the member's permanent change of station. In the case of a member undergoing a permanent change of station who is paid basic housing allowance at the "with dependents" rate at the beginning of the covered relocation period, the member shall be paid at such rate for months beginning during the covered relocation period regardless of the date on which the member's spouse and dependents relocate or the member is assigned to bachelor's quarters or facilities. The geographic location of the dependents shall govern in determining the portion of basic housing allowance payable to a member with respect to the member's dependents. A member shall be provided with housing reimbursement if quarters are not available for the member's assignment until the date on which the member and the member's spouse reside in the same geographic area after the permanent change of station. Transportation allowances authorized for personal property of a member and spouse may be allocated as the member and spouse select. The Department of Defense shall establish a single application approval process for coverage under this Act which shall apply uniformly among the Armed Forces. | Military Family Stability Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Prevention Training for
Early Childhood Educators Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide grants to institutions of
higher education and qualified entities that carry out early childhood
education training programs to enable the institutions of higher
education and qualified entities to include violence prevention
training as part of the preparation of individuals pursuing careers in
early childhood development and education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Aggressive behavior in early childhood is the single
best predictor of aggression in later life.
(2) Aggressive and defiant behavior predictive of later
delinquency is increasing among our Nation's youngest children.
Without prevention efforts, higher percentages of children are
likely to become violent juvenile offenders.
(3) Research has demonstrated that aggression is primarily
a learned behavior that develops through observation,
imitation, and direct experience. Therefore, children who
experience violence as victims or as witnesses are at increased
risk of becoming violent themselves.
(4) In a study at a Boston city hospital, 1 out of every 10
children seen in the primary care clinic had witnessed a
shooting or a stabbing before the age of 6, with 50 percent of
the children witnessing in the home and 50 percent of the
children witnessing in the streets.
(5) A study in New York found that children who had been
victims of violence within their families were 24 percent more
likely to report violent behavior as adolescents, and
adolescents who had grown up in families where partner violence
occurred were 21 percent more likely to experience violent
delinquency than individuals not exposed to violence.
(6) Aggression can become well-learned and difficult to
change by the time a child reaches adolescence. Early childhood
offers a critical period for overcoming risk for violent
behavior and providing support for prosocial behavior.
(7) Violence prevention programs for very young children
yield economic benefits. By providing health and stability to
the individual child and the child's family, the programs may
reduce expenditures for medical care, special education, and
involvement with the judicial system.
(8) Primary prevention can be effective. When preschool
teachers teach young children interpersonal problem-solving
skills and other forms of conflict resolution, children are
less likely to demonstrate problem behaviors.
(9) There is evidence that family support programs in
families with children from birth through 5 years of age are
effective in preventing delinquency.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) At-risk child.--The term ``at-risk child'' means a
child who has been affected by violence through direct exposure
to child abuse, other domestic violence, or violence in the
community.
(2) Early childhood education training program.--The term
``early childhood education training program'' means a program
that--
(A)(i) trains individuals to work with young
children in early child development programs or
elementary schools; or
(ii) provides professional development to
individuals working in early child development programs
or elementary schools;
(B) provides training to become an early childhood
education teacher, an elementary school teacher, a
school counselor, or a child care provider; and
(C) leads to a bachelor's degree or an associate's
degree, a certificate for working with young children
(such as a Child Development Associate's degree or an
equivalent credential), or, in the case of an
individual with such a degree, certificate, or
credential, provides professional development.
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Qualified entity.--The term ``qualified entity'' means
a public or nonprofit private organization which has--
(A) experience in administering a program
consistent with the requirements of this Act; and
(B) demonstrated the ability to coordinate, manage,
and provide technical assistance to programs that
receive grants under this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Violence prevention.--The term ``violence prevention''
means--
(A) preventing violent behavior in children;
(B) identifying and preventing violent behavior in
at-risk children; or
(C) identifying and ameliorating violent behavior
in children who act out violently.
SEC. 5. PROGRAM AUTHORIZED.
(a) Grant Authority.--The Secretary is authorized to award grants
to institutions of higher education and qualified entities that carry
out early childhood education training programs to enable selected
institutions of higher education and qualified entities to provide
violence prevention training as part of the early childhood education
training program.
(b) Amount.--The Secretary shall award a grant under this Act in an
amount that is not less than $500,000 and not more than $1,000,000.
(c) Duration.--The Secretary shall award a grant under this Act for
a period of not less than 3 years and not more than 5 years.
SEC. 6. APPLICATION.
(a) Application Required.--Each institution of higher education and
qualified entity desiring a grant under this Act shall submit to the
Secretary an application at such time, in such manner, and accompanied
by such information as the Secretary may require.
(b) Contents.--Each application shall--
(1) describe the violence prevention training activities
and services for which assistance is sought;
(2) contain a comprehensive plan for the activities and
services, including a description of--
(A) the goals of the violence prevention training
program;
(B) the curriculum and training that will prepare
students for careers which are described in the plan;
(C) the recruitment, retention, and training of
students;
(D) the methods used to help students find
employment in their fields;
(E) the methods for assessing the success of the
violence prevention training program; and
(F) the sources of financial aid for qualified
students;
(3) contain an assurance that the instructors running the
program are qualified and will use proven methods of violence
prevention;
(4) contain an assurance that the institution has the
capacity to implement the plan; and
(5) contain an assurance that the plan was developed in
consultation with agencies and organizations that will assist
the institution of higher education or qualified entity in
carrying out the plan.
SEC. 7. SELECTION PRIORITIES.
The Secretary shall give priority to awarding grants to
institutions of higher education and qualified entities carrying out
violence prevention programs that include 1 or more of the following
components:
(1) Preparation to engage in family support (such as parent
education, service referral, and literacy training).
(2) Preparation to engage in community outreach or
collaboration with other services in the community.
(3) Preparation to use conflict resolution training with
children.
(4) Preparation to work in economically disadvantaged
communities.
(5) Recruitment of economically disadvantaged students.
(6) Carrying out programs of demonstrated effectiveness in
the type of training for which assistance is sought, including
programs funded under section 596 of the Higher Education Act
of 1965 (as such section was in effect prior to October 7,
1998).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$35,000,000 for each of the fiscal years 2000 through 2004. | Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants for a specified period to enable selected institutions of higher education and other qualified entities to provide violence prevention training as part of the early childhood education training programs they offer.
Prescribes application procedures and selection priorities.
Authorizes appropriations. | Violence Prevention Training for Early Childhood Educators Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building a Health Care Workforce for
the Future Act''.
SEC. 2. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following:
``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
``(a) In General.--The Secretary shall award grants to eligible
States to enable such States to implement scholarship programs to
ensure, with respect to the provision of health services, an adequate
supply of physicians, dentists, behavioral and mental health
professionals, certified nurse midwives, certified nurse practitioners,
physician assistants, pharmacists, and other health professionals as
determined by the Secretary.
``(b) Eligible States.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an application
containing such information as the Secretary determines necessary to
carry out this section.
``(c) Eligible Participants.--To be eligible to participate in a
scholarship program carried out with a grant received under this
section, an individual shall--
``(1) be accepted for enrollment, or be enrolled, as a
full-time student--
``(A) in an accredited (as determined by the
Secretary) educational institution in a State; and
``(B) in a course of study or program, offered by
such institution and approved by the Secretary, leading
to a degree in medicine, dentistry, nursing, pharmacy,
or other health profession, or an appropriate degree
from a graduate program of behavioral and mental
health;
``(2) submit to the State an application to participate in
the program; and
``(3) sign and submit to the State, at the time of the
submission of the application under paragraph (2), a written
contract that requires the individual to--
``(A) accept payments under the scholarship;
``(B) maintain a minimum level of academic standing
during the period of the scholarship, as determined by
the Secretary;
``(C) if applicable, complete an accredited
residency training program;
``(D) become licensed in the applicant's State of
residence; and
``(E) serve as a provider for one year in--
``(i) a health professional shortage area
(as defined under section 332);
``(ii) a medically underserved community
(as defined under section 799B); or
``(iii) any other shortage area defined by
the State and approved by the Secretary;
in the applicant's State of residence for every year in
which the applicant received a scholarship.
``(d) Designation of Areas.--To be eligible to receive a grant
under this section, a State shall adequately demonstrate to the
Secretary that the State has designated appropriate health professional
or specialty shortage areas.
``(e) Required Disclosures.--In disseminating application and
contract forms to individuals desiring to participate in a scholarship
program funded under this section, the State shall include with such
forms a summary of the rights and liabilities of an individual whose
application is approved (and whose contract is accepted), including a
clear explanation of the damages to which the State is entitled in the
case of the individual's breach of the contract.
``(f) Awarding of Contracts.--
``(1) In general.--A State that enters into a contract with
an individual under subsection (c)(3) shall, with respect to
the program in which the individual is enrolled, agree to pay--
``(A) all tuition and costs associated with the
program;
``(B) any other reasonable educational expenses,
including fees, books, and laboratory expenses, related
to the program; and
``(C) a cost-of-living stipend in an amount to be
determined the Secretary.
``(2) Consideration by state.--In entering into contracts
with individuals that meet the requirements of subsection (c),
the State shall consider the extent of the applicant's
demonstrated interest in the provision of care services in a
particular provider shortage area.
``(g) Matching Funds.--A State receiving a grant under this section
shall, with respect to the costs of making payments on behalf of
individuals under the scholarship program implemented by the State
under the grant, make available (directly or through donations from
public or private entities) non-Federal contributions in cash toward
such costs in an amount equal to not less than $1 for each $1 of
Federal funds provided under the grant.
``(h) Direct Administration by State Agency.--The scholarship
program of any State receiving a grant under this section shall be
administered directly by a State agency.
``(i) Report by Secretary.--Not later than four years after the
date of enactment of this section, and every five years thereafter, the
Secretary shall submit to Congress a report concerning--
``(1) the number of scholarships awarded under the State
scholarship program;
``(2) the number of scholarship recipients, broken down by
practice area, serving in the profession originally awarded a
scholarship for one year after the completion of the service
period required under subsection (c)(3)(E);
``(3) the number of scholarship recipients, broken down by
provider type, practicing in a medically underserved community
one year after the completion of the service period required
under subsection (c)(3)(E);
``(4) data on any changes in health professional shortage
areas or medically underserved communities within the State;
``(5) remaining gaps in such health professional shortage
areas or medically underserved communities;
``(6) the number of additional full-time physicians that
would be required to eliminate such health professional
shortage areas or medically underserved communities in the
State;
``(7) the number of individuals who received a scholarship
but failed to comply with the requirements of the scholarship;
``(8) the action taken by the State to recoup scholarship
funds in the case of any non-compliance; and
``(9) recommendations to improve the program under this
section.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2018 through 2022. Not less than 50 percent of the amount
appropriated for a fiscal year under this subsection shall be used to
provide scholarships to providers who intend on pursuing careers in
primary care.''.
SEC. 3. INCREASING MENTORING AND TRANSFORMING COMPETENCIES IN PRIMARY
CARE.
Title VII of the Public Health Service Act is amended by inserting
after section 747A (42 U.S.C. 293k-1) the following:
``SEC. 747B. DEVELOPING EFFECTIVE PRIMARY CARE MENTORS AND IMPROVING
MENTORSHIP OPPORTUNITIES FOR MEDICAL STUDENTS.
``(a) Grants To Cultivate Primary Care Mentors and Improve Primary
Care Mentorship Opportunities for Medical Students.--The Secretary may
award grants to eligible medical schools to assist such schools in
developing and strengthening primary care mentorship programs and
cultivating leaders in primary care among students.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be an accredited medical school or college of
osteopathic medicine; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including an assurance that the
applicant will use amounts received under the grant to--
``(A) establish or enhance existing mentorship
programs, including--
``(i) incentivizing medical school faculty
(through financial or other reward systems) to
participate as a mentor of other primary care
physician faculty members and students;
``(ii) providing resources for aspiring
mentors to participate in workshops or other
learning experiences in which primary care
physicians can learn about effective strategies
in primary care mentoring;
``(iii) enabling successful primary care
mentors on medical school faculty to spend time
at another institution where they can promote
best practices in mentoring primary care
leaders and students; and
``(iv) developing web-based resources for
mentors to interact regularly and share
successful strategies; or
``(B) cultivate interest and leaders in primary
care among students, including--
``(i) offering students that identify
interest in primary care upon matriculation
longitudinal experiences in primary care to
care for and track the health and wellness of
patients throughout medical school;
``(ii) arranging partnerships with private
practices, insurers, schools of public health,
public health departments, and community-based
service projects with the goal of providing
students with the opportunity to interact with
primary care mentors from a variety of health
care settings;
``(iii) providing stipends or other forms
of financial resources to students who work
with designated mentors in the field of primary
care in underserved urban and rural
communities; and
``(iv) supporting opportunities for
students to engage in practice redesign or
other efforts in which primary care physicians
are taking a leadership role in delivery system
reform.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2018 through 2024.
``SEC. 747C. DEVELOPING AND PROMOTING NEW COMPETENCIES.
``(a) Grants To Develop and Promote New Competencies.--In order to
foster curricular innovations to improve the education and training of
health care providers, the Secretary shall award grants to medical and
other health professions schools to promote priority competencies (as
described in subsection (b)).
``(b) Priority Competencies.--In awarding grants under subsection
(a), the Secretary, acting through the Advisory Committee on Training
in Primary Care and Dentistry, shall select an annual competency to
direct the awarding of such grants. Such annual competencies may
include--
``(1) patient-centered medical homes;
``(2) chronic disease management;
``(3) integration of primary care and mental health care;
``(4) integration of primary care, public and population
health, and health promotion;
``(5) cultural competency;
``(6) domestic violence;
``(7) improving care in medically undeserved areas; and
``(8) team-based care.
``(c) Grant Recipients.--The Secretary may award grants under
subsection (a) to programs that provide education or training for--
``(1) physicians;
``(2) dentists and dental hygienists;
``(3) physician assistants;
``(4) mental and behavioral health providers;
``(5) public and populations health professionals; or
``(6) pharmacists.
``(d) Consideration in Evaluating Grant Applications.--The
Secretary shall give consideration to applicants that are proposing to
partner with other medical programs, health professions programs, or
nursing programs.
``(e) Grantee Reports.--Each recipient of a grant under this
section shall, not later than 180 days after the end of the grant
period involved, submit to the Advisory Committee, a report on the
following (where appropriate):
``(1) A description of how the funding under the grant was
used by the grantee.
``(2) A description of the intended goal of such funding.
``(3) A description of the challenges faced by the grantee
in reaching the goal described in paragraph (2).
``(4) A description of the lessons learned by the grantee
related to the grant activities.
``(f) Recommendations of the Advisory Committee.--The Advisory
Committee, based on the information submitted under subsection (e),
shall annually report to the Secretary on outcomes of the activities
carried out under grants under this section, including specific
recommendations for scaling up innovations to promote education and
training of health care providers in the priority competencies
described in subsection (b).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2018 through 2022 to
carry out this section.''.
SEC. 4. STUDY ON DOCUMENTATION REQUIREMENTS FOR COGNITIVE SERVICES.
Not later than three years after the date of enactment of this Act,
the Institute of Medicine shall conduct a study and submit a report to
Congress concerning the documentation requirements for cognitive
services (evaluation and management services) required under the
Medicare and Medicaid programs under titles XVIII and XIX of the Social
Security Act, respectively, and through private health insurers. Such
study shall include an evaluation of--
(1) how documentation requirements designed for paper-based
records should be modified for electronic records;
(2) whether or not the documentation requirements are
overly burdensome on physicians and detract from patient care;
(3) the administrative costs to physician practices of the
current documentation requirements;
(4) the average amount of time required by physicians to
document cognitive services;
(5) options to more appropriately compensate physicians for
evaluation and management of patient care without requiring
excessive documentation of cognitive services; and
(6) recommendations for less burdensome alternatives or
changes to existing documentation requirements of cognitive
services. | Building a Health Care Workforce for the Future Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Scholarships must cover tuition and educational expenses and provide a cost-of-living stipend. Scholarship recipients must agree to serve as providers in shortage areas in the state for one year for each year they receive the scholarship. HHS may award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. In order to foster curricular innovations to improve the education and training of health care providers, HHS must award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry. The National Academy of Medicine (formerly known as the Institute of Medicine) must study the documentation requirements for cognitive services under Medicare, Medicaid, and private health insurers, including whether the requirements are overly burdensome. | Building a Health Care Workforce for the Future Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kisatchie National Forest Land
Conveyance Act''.
SEC. 2. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL FOREST,
LOUISIANA.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 6, during the 1-year period beginning on the date of enactment
of this Act, on the provision of consideration by the Collins Camp
Properties to the Secretary, the Secretary shall convey, by quitclaim
deed, to Collins Camp Properties all right, title and interest of the
United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
Act--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this Act that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this Act shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this Act shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--In any conveyance of Federal land under
this Act, the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate the substances.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
The Secretary shall deposit the proceeds of a conveyance of Federal
land under section 4 in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
SEC. 6. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 4, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 4 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires. | Kisatchie National Forest Land Conveyance Act This bill authorizes the Department of Agriculture (USDA) to sell specified federal land in Winn Parish, Louisiana. USDA shall convey a portion of that land to Collins Camp Properties, Inc. | Kisatchie National Forest Land Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Housing Act''.
SEC. 2. INVESTMENT IN FHA INFRASTRUCTURE.
(a) Human Resources and Funding.--Section 502(a) of the Housing Act
of 1948 (12 U.S.C. 1701c(a)) is amended--
(1) by striking ``The Secretary of Housing and Urban
Development'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Housing and Urban Development''; and
(2) by adding at the end the following:
``(2) Administration of fha programs.--
``(A) Office personnel.--
``(i) Appointment.--In carrying out any
program through the Federal Housing
Administration (in this section referred to as
the `Administration'), the Secretary may
appoint and fix the compensation of such
officers and employees of the Administration as
the Secretary considers necessary.
``(ii) Compensation.--Any officer or
employee appointed under clause (i) may be paid
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
and General Schedule pay rates.
``(B) Comparability of compensation with federal
banking agencies.--In fixing and directing compensation
under subparagraph (A), the Secretary shall consult
with, and maintain comparability with the compensation
of officers and employees of the Federal Deposit
Insurance Corporation.
``(C) Personnel of other federal agencies.--In
carrying out the duties of the Administration, the
Secretary may use information, services, staff, and
facilities of any Federal executive agency, independent
agency, or department on a reimbursable basis, with the
consent of such agency or department.
``(D) Outside experts and consultant.--In carrying
out the duties of the Administration, the Secretary may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
``(E) Use of premium-generated income.--To the
extent that income derived in any fiscal year from
premium fees charged under section 203(c) of the
National Housing Act (12 U.S.C. 1709(c)) are in excess
of the level of income estimated for that fiscal year
for such premium fees and assumed in the baseline
projection prepared by the Director of the Office of
Management and Budget for inclusion in the President's
annual budget request, not more than $82,000,000 of
such excess amounts may be used from such amounts for
the purpose of carrying out this paragraph.''.
(b) Information Technology Investment.--Section 502(a) of the
Housing Act of 1948 (12 U.S.C. 1701c(a)), as amended by subsection (a),
is amended by adding at the end the following:
``(3) Information technology.--
``(A) In general.--In carrying out any program
through the Administration, the Secretary may utilize
such funds as are available under subparagraph (B) to
ensure that an appropriate level of investment in
information technology is maintained in order for the
Secretary to upgrade its technology systems.
``(B) Use of premium-generated income.--To the
extent that income derived from premium fees charged
under section 203(c) of the National Housing Act (12
U.S.C. 1709(c)) are in excess of the level of income
estimated for that fiscal year for such premium fees
and assumed in the baseline projection prepared by the
Director of the Office of Management and Budget for
inclusion in the President's annual budget request, not
more than $72,000,000 of such excess amounts may be
used from such amounts for the purpose of carrying out
this paragraph.''.
SEC. 3. EXTENSION OF MORTGAGE TERM AUTHORITY.
Section 203(b)(3) of the National Housing Act (12 U.S.C.
1709(b)(3)) is amended--
(1) by striking ``thirty-five years'' and inserting ``50
years''; and
(2) by striking ``(or thirty years if such mortgage is not
approved for insurance prior to construction)''.
SEC. 4. DOWNPAYMENT FLEXIBILITY.
Section 203(b)(9) of the National Housing Act (12 U.S.C.
1709(b)(9)) is amended by striking ``(9)'' and all that follows through
``Provided further, That for'' and inserting the following:
``(9) Be executed by a mortgagor who shall have paid on
account of the property, in cash or its equivalent, an amount,
if any, as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default. For''.
SEC. 5. MORTGAGE INSURANCE FLEXIBILITY.
Section 203(c)(2) of the National Housing Act (12 U.S.C.
1709(c)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking the first sentence and inserting
``The Secretary shall establish and collect, at the
time of insurance, a single premium payment, in such
amount as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default of the homebuyer. Such premium
payment shall be in an amount not to exceed 3 percent
of the amount of the original insured principal
obligation of the mortgage.''; and
(B) by striking the second sentence; and
(2) in subparagraph (B), by striking ``0.50 percent'' and
inserting ``1 percent''.
SEC. 6. INNOVATION FOR NEW PROJECTS.
Section 203 of the National Housing Act (12 U.S.C. 1709) is amended
by adding at the end the following:
``(y) Waiver for New Product Initiatives.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to the limitation under paragraph (2), the
Secretary may waive such requirements of this section as the
Secretary determines appropriate for any new product
initiative.
``(2) Limitation.--For all new product initiatives in any
fiscal year, the Secretary may allocate an amount equal to not
more than 10 percent of the amount necessary to carry out the
insurance of mortgages under this section for the prior fiscal
year.''.
SEC. 7. MAXIMUM MORTGAGE AMOUNT LIMIT FOR MULTIFAMILY HOUSING IN HIGH-
COST AREAS.
Sections 207(c)(3), 213(b)(2)(B)(i), 220(d)(3)(B)(iii)(III),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of
the National Housing Act (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715k(d)(3)(B)(iii)(III), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II),
1715v(c)(2)(B)), and 1715y(e)(3)(B)) are each amended--
(1) by striking ``140 percent'' each place that term
appears and inserting ``170 percent''; and
(2) by striking ``170 percent'' each place that term
appears and inserting ``215 percent''.
SEC. 8. FHA SINGLE FAMILY HOUSING MAXIMUM MORTGAGE LIMIT.
Section 203(b)(2)(A) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) is amended--
(1) in clause (i), by striking ``95 percent'' and inserting
``100 percent'';
(2) in clause (ii)--
(A) by striking ``87 percent'' and inserting ``100
percent'' ; and
(B) by striking ``for Fiscal Year'' and inserting a
comma; and
(3) by moving subparagraph (A), including clauses (i) and
(ii) of such subparagraph, 2 ems to the right.
SEC. 9. INCREASE IN FHA FINANCIAL INTEGRITY.
Section 205(f)(2) of the National Housing Act (12 U.S.C.
1711(f)(2)) is amended by striking ``2.0 percent'' and inserting ``3.0
percent''.
SEC. 10. INSURANCE OF CONDOMINIUMS.
(a) In General.--Section 234 of the National Housing Act (12 U.S.C.
1715y) is amended--
(1) in subsection (c)--
(A) in the first sentence--
(i) by striking ``and'' before ``(2)''; and
(ii) by inserting before the period at the
end the following: ``, and (3) the project has
a blanket mortgage insured by the Secretary
under subsection (d)''; and
(B) in clause (B) of the third sentence, by
striking ``thirty-five years'' and inserting ``forty
years''; and
(2) in subsection (g), by striking ``, except that'' and
all that follows and inserting a period.
(b) Definition of Mortgage.--Section 201(a) of the National Housing
Act (12 U.S.C. 1707(a)) is amended--
(1) in clause (1), by striking ``or'' and inserting a
comma; and
(2) by inserting before the semicolon the following: ``, or
(3) a first mortgage given to secure the unpaid purchase price
of a fee interest in, or long-term leasehold interest in, a
one-family unit in a multifamily project, including a project
in which the dwelling units are attached, semi-detached, or
detached, and an undivided interest in the common areas and
facilities which serve the project''. | 21st Century Housing Act - Amends the Housing Act of 1948 to authorize the Secretary of Housing and Urban Development (HUD), in carrying out any program through the Federal Housing Administration (FHA) to: (1) appoint and fix the compensation of Administration personnel; and (2) use premium-generated income for information technology upgrades.
Amends the National Housing Act to: (1) extend the maturity term for insured mortgages; (2) revise mortgage insurance eligibility criteria and requirements for premium charges; (3) authorize waiver of certain requirements for new product initiatives; (4) increase the maximum mortgage amount limit for multifamily housing in high-cost areas; (5) increase the FHA single family housing maximum mortgage limit; and (6) increase the capital ratio for the Mutual Mortgage Insurance Fund.
Increases prerequisites for insured mortgages covering condominiums to require that the condomium project have a HUD-insured blanket morgage. | A bill to modernize the Federal Housing Administration to meet the housing needs of the American people. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Terrorism Financing Act of
2005''.
SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''; and
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before ``section
277''.
(b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation of
the Foreign Corrupt Practices Act, or any violation of section
208 of the Social Security Act (relating to obtaining funds
through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.''.
SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or
organization engaged in planning or
perpetrating any act of international terrorism
(as defined in section 2331) against any
international organization (as defined in
section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b)) or
against any foreign Government. Where the
property sought for forfeiture is located
beyond the territorial boundaries of the United
States, an act in furtherance of such planning
or perpetration must have occurred within the
jurisdiction of the United States.''.
SEC. 5. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a
transaction, transportation, transmission, or transfer of funds shall
be considered to be one involving the proceeds of specified unlawful
activity, if the transaction, transportation, transmission, or transfer
is part of a set of parallel or dependent transactions, any one of
which involves the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is one
that completes or complements another transaction or one that would not
have occurred but for another transaction.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(3) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears.
(4) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under this chapter or any other provision of law relating to the
confiscation of assets of suspected international terrorists, may
contest that confiscation by filing a claim in the manner set forth in
the Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims), and asserting as an affirmative defense
that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 or any other provision
of law.''; and
(B) in the chapter analysis, by inserting at the
end the following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of the
aforesaid acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 7. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended
by inserting ``)'' after ``2339C (relating to financing of terrorism''.
SEC. 8. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is amended
by striking ``National Intelligence Reform Act of 2004'' and inserting
``Intelligence Reform and Terrorism Prevention Act of 2004''.
SEC. 9. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended [,effective on the date of the enactment of that
Act]--
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 10. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, or section 2339D (relating to
receiving military-type training from a foreign terrorist
organization)'' after ``section 2339A or 2339B (relating to
providing material support to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''. | Combating Terrorism Financing Act of 2005 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act.
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds.
Amends the federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists.
Amends RICO to make receiving military-type training from a foreign terrorist organization a predicate offense to violation of money laundering provisions. | To combat terrorism financing, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Relief Act
of 2001''.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS.
(a) Requirements Applicable to the Director of OMB.--Section
3504(c) of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act''), is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) publish in the Federal Register and make available on
the Internet (in consultation with the Small Business
Administration) on an annual basis a list of the compliance
assistance resources available to small businesses, with the
first such publication occurring not later than 1 year after
the date of enactment of the Small Business Paperwork Relief
Act of 2001.''.
(b) Establishment of Agency Point of Contact.--Section 3506 of
title 44, United States Code, is amended by adding at the end the
following:
``(i)(1) In addition to the requirements described in subsection
(c), each agency described under paragraph (2) shall, with respect to
the collection of information and the control of paperwork, establish 1
point of contact in the agency to act as a liaison between the agency
and small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)). Each such point of contact shall be
established not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001.
``(2) An agency described under this paragraph is--
``(A) any agency with a head that is listed at a level I
position on the Executive Schedule under section 5312 of title
5; and
``(B) the Federal Communications Commission, the Securities
and Exchange Commission, and the Environmental Protection
Agency.''.
(c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3)(J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in addition to the requirements of this chapter
regarding the reduction of information collection burdens for
small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)), make efforts to--
``(A) further reduce the information collection
burden for small business concerns with fewer than 25
employees; and
``(B) eliminate any unnecessary paperwork
burdens.''.
SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION AND
DISSEMINATION.
(a) In General.--Chapter 35 of title 44, United States Code, is
amended--
(1) by redesignating section 3520 as section 3521; and
(2) by inserting after section 3519 the following:
``Sec. 3520. Establishment of task force on information collection and
dissemination
``(a) There is established a task force to study the feasibility of
streamlining requirements with respect to small business concerns
regarding collection of information and strengthening dissemination of
information (in this section referred to as the `task force').
``(b) The members of the task force shall be appointed by the head
of each applicable department or agency (and in the case of paragraph
(12) by the Director), and include--
``(1) not less than 2 representatives of the Department of
Labor, including 1 representative of the Bureau of Labor
Statistics and 1 representative of the Occupational Safety and
Health Administration;
``(2) not less than 1 representative of the Environmental
Protection Agency;
``(3) not less than 1 representative of the Department of
Transportation;
``(4) not less than 1 representative of the Office of
Advocacy of the Small Business Administration;
``(5) not less than 1 representative of the Internal
Revenue Service;
``(6) not less than 2 representatives of the Department of
Health and Human Services, including 1 representative of the
Health Care Financing Administration;
``(7) not less than 1 representative of the Department of
Agriculture;
``(8) not less than 1 representative of the Department of
Interior;
``(9) not less than 1 representative of the General
Services Administration;
``(10) not less than 1 representative of each of 2 agencies
not represented by representatives described under paragraphs
(1) through (9) and (11);
``(11) 1 representative of the Director, who shall convene
and chair the task force; and
``(12) not less than 3 representatives of the small
business community.
``(c) The task force shall--
``(1) recommend a plan for the development of an
interactive Government application, available through the
Internet, to allow each small business to better understand
which Federal requirements regarding collection of information
(and, when possible, which other Federal regulatory
requirements) apply to that particular business;
``(2) identify ways to integrate the collection of
information across Federal agencies and programs and examine
the feasibility of requiring each agency to consolidate
requirements regarding collections of information with respect
to small business concerns, within and across agencies without
negatively impacting the effectiveness of underlying laws and
regulations regarding such collections of information, in order
that each small business concern may submit all information
required by the agency--
``(A) to 1 point of contact in the agency; and
``(B) in a single format, such as a single
electronic reporting system, with respect to the
agency;
``(3) examine the feasibility and helpfulness to small
businesses of the Director publishing a list of the collections
of information applicable to small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C.
632)), organized--
``(A) by North American Industrial Classification
System code;
``(B) industrial/sector description; or
``(C) in another manner by which small business
concerns can more easily identify requirements with
which those small business concerns are expected to
comply;
``(4) examine the savings, including cost savings, for
implementing a system of electronic paperwork submissions; and
``(5) examine the feasibility of measures to strengthen the
dissemination of information.
``(d) Not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001, the task force shall
submit a report of its findings under subsection (c), including any
minority views of the task force, to--
``(1) the Director;
``(2) the chairpersons and ranking minority members of--
``(A) the Committee on Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the
Senate; and
``(B) the Committee on Government Reform and the
Committee on Small Business of the House of
Representatives; and
``(3) the Small Business and Agriculture Regulatory
Enforcement Ombudsman designated under section 30(b) of the
Small Business Act (15 U.S.C. 657(b)).
``(e) In this section, the term `small business concern' has the
meaning given under section 3 of the Small Business Act (15 U.S.C.
632).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
item relating to section 3520 and inserting the following:
``3520. Establishment of task force on information collection and
dissemination.
``3521. Authorization of appropriations.''.
SEC. 4. REGULATORY ENFORCEMENT REFORMS.
Section 223 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (c)
and inserting:
``(c) Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Small Business Paperwork Relief Act of 2001,
and not later than every 2 years thereafter, each agency shall
submit a report to the Director of the Office of Management and
Budget and the chairpersons and ranking minority members of the
Committee on Governmental Affairs and the Committee on Small
Business of the Senate, and the Committee on the Judiciary and
the Committee on Small Business of the House of
Representatives, that includes information with respect to the
applicable 1-year period or 2-year period covered by the report
on each of the following:
``(A) The number of enforcement actions in which a
civil penalty is assessed.
``(B) The number of enforcement actions in which a
civil penalty is assessed against a small entity.
``(C) The number of enforcement actions described
under subparagraphs (A) and (B) in which the civil
penalty is reduced or waived.
``(D) The total monetary amount of the reductions
or waivers referred to under subparagraph (C).
``(2) Definitions in reports.--Each report under paragraph
(1) shall include definitions of the terms `enforcement
actions', `reduction or waiver', and `small entity' as used in
the report.''.
Passed the Senate December 17, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1271
_______________________________________________________________________
AN ACT
To amend chapter 35 of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain Federal
paperwork requirements, to establish a task force to examine
information collection and dissemination, and for other purposes. | Small Business Paperwork Relief Act of 2001 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget, annually, to publish in the Federal Register and make available on the Internet a list of the paperwork compliance resources available to small businesses. Requires the following Federal agencies, also within one year, to establish one agency point of contact to act as a liaison with small businesses with respect to the collection of information and the control of paperwork: (1) each agency with a head listed at level I on the Executive Schedule; and (2) the Federal Communications Commission, the Securities and Exchange Commission, and the Environmental Protection Agency.Requires each agency to make efforts to: (1) further reduce the paperwork burden for small businesses with fewer than 25 employees; and (2) eliminate any unnecessary paperwork burdens.Establishes a task force to study and report to the Director, specified congressional committees, and the Small Business and Agriculture Regulatory Enforcement Ombudsman on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information and strengthening the dissemination of information.Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to submit, biennially, to the Director and such committees information concerning regulatory enforcement actions taken and civil penalties assessed, including actions and assessments against small businesses. | A bill to amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small business concerns with certain Federal paperwork requirements, to establish a task force to examine information collection and dissemination, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Colusa Basin
Drainage District, California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State statute.--The term ``State statute'' means
section 413 of the California Statutes 1987, chapter 1399
(commonly known as the ``Colusa Basin Drainage Act''), as in
effect on the date of enactment of this Act.
SEC. 3. AUTHORIZATION OF ASSISTANCE.
The Secretary may provide financial assistance to the District for
use by the District or by local agencies acting under the State
statute, for planning, design, environmental compliance, and
construction required in carrying out eligible projects in the Colusa
Basin Watershed--
(1) to--
(A) reduce the risk of damage to urban and
agricultural areas from flooding or the discharge of
drainage water or tailwater;
(B) assist in groundwater recharge efforts to
alleviate overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and
riparian habitat; and
(2) to capture, as an incidental purpose of any of the
purposes described in paragraph (1), surface water or
stormwater for conservation, conjunctive use, and increased
water supplies.
SEC. 4. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 3 if the project is--
(1) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the Central Valley Project Improvement
Act (106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program.
SEC. 5. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(b) Planning, Design, and Compliance Assistance.--Funds made
available under this Act may be used to fund all costs incurred for
planning, design, and environmental compliance activities by the
District or by local agencies acting under the State statute, in
accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of land, interests in land (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as payment by the District of
the costs of the project.
SEC. 6. NONREIMBURSABILITY OF COSTS.
Amounts expended under this Act shall be considered nonreimbursable
for purposes of the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts amendatory of and supplemental to that Act.
SEC. 7. AGREEMENTS.
Funds made available under this Act may be made available to the
District or a local agency only if the District or local agency, as
applicable, enters into a binding agreement with the Secretary that--
(1) provides that the District or the local agency shall
pay the non-Federal share of the costs of construction required
by section 5(a); and
(2) governs the funding of planning, design, and compliance
activities costs under section 5(b).
SEC. 8. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting under the State statute before the date on which amounts
are provided for the project under this Act, the Secretary shall,
subject to amounts being made available in advance in appropriations
Acts, reimburse the District or the local agency, without interest, an
amount equal to the estimated Federal share of the cost of such work
under section 5.
SEC. 9. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out this Act.
(b) Subcontracting.--Under a cooperative agreement or contract, the
Secretary may authorize the District to enter into contracts and
receive reimbursements, subject to amounts being made available in
advance in appropriations Acts, for work carried out under the contract
or subcontract.
SEC. 10. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this Act shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et
seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act $25,000,000, plus such additional amount, if any, as may
be required by reason of changes in costs of services of the types
involved in the District's projects as shown by engineering and other
relevant indexes, to remain available until expended. | Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project construction costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs. Permits funds made available under this Act to: (1) be used to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies; and (2) be made available only to a District or a local agency that enters into a binding agreement with the Secretary that provides that the District or local agency shall pay the non-Federal share of construction costs and that governs the funding of planning, design, and compliance activities costs.
Authorizes appropriations. | Colusa Basin Watershed Integrated Resources Management Act |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1999''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(B) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discriminating wage differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1)(A) No employer having employees subject to any provisions
of this section shall discriminate between its employees on the basis
of sex, race, or national origin by paying wages to employees or groups
of employees at a rate less than the rate at which the employer pays
wages to employees or groups of employees of the opposite sex or
different race or national origin for work in equivalent jobs, except
where such payment is made pursuant to a seniority system, a merit
system, or a system which measures earnings by quantity or quality of
production.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period
at the end of paragraph (5) and inserting a semicolon and by adding
after paragraph (5) the following:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)''
after ``(c)'' and by adding at the end the following:
``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time and shall make such reports therefrom to the Equal
Employment Opportunity Commission as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated thereunder.
``(B) Every employer subject to section 6(g) shall file annually
with the Equal Employment Opportunity Commission a report signed by its
president, treasurer, or corresponding principal officer containing
information in such detail as may be necessary accurately to disclose
the wage or salary rates paid to each classification, position, job
title, or other wage or salary group of employees employed by the
employer, as well as the sex, race, and national origin of employees at
each wage or salary level in each classification, position, job title,
or other wage or salary group. The report shall not contain the name of
any individual employee.
``(C) In order to carry out the purposes of this Act, the contents
of the reports filed with the Equal Employment Opportunity Commission
pursuant to subparagraph (B) shall be public information, and the Equal
Employment Opportunity Commission may publish any information and data
which it obtains pursuant to the provisions of subparagraph (B). The
Equal Employment Opportunity Commission may use the information and
data for statistical and research purposes, and compile and publish
such studies, analyses, reports, and surveys based thereon as it may
deem appropriate.
``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with it pursuant to
subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
it pursuant to subparagraph (B) to any person upon payment of a charge
based upon the cost of the service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom it
finds that by virtue of their size a detailed report would be unduly
burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
``(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of one year from the date of its enactment. | (Sec. 4) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it.
(Sec. 5) Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
(Sec. 6) Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC.
(Sec. 7) Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress. | Fair Pay Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including historically Black
colleges and universities and other minority serving
institutions), and large and small businesses (including
businesses owned or controlled by socially and economically
disadvantaged persons).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize.
(c) Administering the Competitions.--The Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes;
(3) working with the Secretary to develop the criteria for
selecting winners in prize competitions, based on goals
provided by the Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount for each prize to be awarded;
(5) selecting judges in accordance with section 4(d), using
criteria developed in consultation with the Secretary; and
(6) preventing the unauthorized use or disclosure of a
registered participant's intellectual property, trade secrets,
and confidential business information.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prizes. The Secretary may accept funds from other Federal agencies
for such cash prizes. The Secretary may not give any special
consideration to any private sector entity or individual in return for
a donation to the administering entity.
(e) Announcement of Prizes.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated or committed in
writing by the administering entity. The Secretary may increase the
amount of a prize after an initial announcement is made under
subsection (b)(2) if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by the
administering entity.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2018.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria, which shall include minimal carbon
emissions and which may include cost criteria designed to
facilitate the eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--To the extent permitted under section
3(e), the prizes authorized under subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission deadline
of the previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is significant
enough to merit an award. No one such prize may exceed
$1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one
or more subcategories, reduce the amount of the prizes, or not
hold a prize competition.
(2) Prototypes.--To the extent permitted under section
3(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year
period. No such prize may exceed $4,000,000. If no registered
participants meet the objective performance criteria
established pursuant to subsection (c) for a competition under
this paragraph, the Secretary shall not award a prize.
(3) Transformational technologies.--To the extent permitted
under section 3(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an
additional amount paid to the winner as a match for each dollar
of private funding raised by the winner for the hydrogen
technology beginning on the date the winner was named. The
match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been
paid out, whichever occurs first. A prize winner may elect to
have the match amount paid to another entity that is continuing
the development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met
the objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 3(b)(2). Not
more than $10,000,000 in Federal funds may be used for the
prize award under this paragraph. The administering entity
shall seek to raise $40,000,000 toward the matching award under
this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary shall consult with--
(1) the Department's Hydrogen Technical and Fuel Cell
Advisory Committee;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, and the National Academy of
Sciences and the National Academy of Engineering.
(d) Judges.--For each prize competition, the Secretary shall
assemble a panel of qualified judges to select the winner or winners on
the basis of the criteria established under subsection (c). Judges for
each prize competition shall include individuals from outside the
Department, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered participant in the prize competition for which he or
she will serve as a judge; or
(2) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation
by a registered participant in a competition authorized by this Act.
This section shall not be construed to prevent the Federal Government
from negotiating a license for the use of intellectual property
developed for a prize competition under this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--The Secretary may require registered
participants to waive claims against the Federal Government and the
administering entity (except claims for willful misconduct) for any
injury, death, damage, or loss of property, revenue, or profits arising
from the registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver required under
this subsection in the notice required by section 3(b)(2). The
Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
intellectual property, trade secrets, or confidential business
information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph (1)(A),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims for
damages arising from or related to competition activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2008 through
2017 for carrying out this Act--
(A) $20,000,000 for awards described in section
(4)(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for each of fiscal years 2008 through 2017
$2,000,000 for the administrative costs of carrying out this
Act.
(b) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31 of the United
States Code (commonly referred to as the Anti-Deficiency Act).
SEC. 9. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs. | H-Prize Act of 2007 - Directs the Secretary of Energy to award competitive cash prizes to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology. | A bill to authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elie Wiesel Genocide and Atrocities
Prevention Act of 2018''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government's
efforts at atrocity prevention and response through interagency
coordination, such as the Atrocities Prevention Board (referred to in
this Act as the ``Board'') or successor entity are critically
important, and that appropriate officials of the United States
Government should--
(1) meet regularly to monitor developments throughout the
world that heighten the risk of atrocities;
(2) identify any gaps in United States foreign policy
concerning regions or particular countries related to atrocity
prevention and response;
(3) facilitate the development and implementation of
policies to enhance the capacity of the United States to
prevent and respond to atrocities worldwide;
(4) provide the President and Congress with recommendations
to improve policies, programs, resources, and tools related to
atrocity prevention and response;
(5) conduct outreach, including consultations, not less
frequently than biannually, with representatives of
nongovernmental organizations and civil society dedicated to
atrocity prevention and response;
(6) operate with regular consultation and participation of
designated interagency representatives of relevant Federal
agencies, executive departments, or offices; and
(7) ensure resources are made available for the policies,
programs, and tools related to atrocity prevention and
response.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) regard the prevention of atrocities as in its national
interest;
(2) work with partners and allies, including to build their
capacity, and enhance the capacity of the United States, to
identify, prevent, and respond to the causes of atrocities,
including insecurity, mass displacement, violent conflict, and
other conditions that may lead to such atrocities; and
(3) pursue a United States Government-wide strategy to
identify, prevent, and respond to the risk of atrocities by--
(A) strengthening the diplomatic, risk analysis and
monitoring, strategic planning, early warning, and
response capacities of the Government;
(B) improving the use of foreign assistance to
respond early, effectively, and urgently in order to
address the causes of atrocities;
(C) strengthening diplomatic response and the
effective use of foreign assistance to support
appropriate transitional justice measures, including
criminal accountability, for past atrocities;
(D) supporting and strengthening local civil
society, including human rights defenders and others
working to help prevent and respond to atrocities;
(E) promoting financial transparency and enhancing
anti-corruption initiatives as part of addressing
causes of conditions that may lead to atrocities; and
(F) employing a variety of unilateral, bilateral,
and multilateral means to prevent and respond to
atrocities by--
(i) placing a high priority on timely,
preventive diplomatic efforts; and
(ii) exercising leadership in promoting
international efforts to prevent atrocities.
SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES
PREVENTION.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended in subsection (a)(1)--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) for Foreign Service Officers who will be
assigned to a country experiencing or at risk of mass
atrocities, as determined by the Secretary of State, in
consultation with the Director of National Intelligence
and relevant civil society organizations, instruction
on recognizing patterns of escalation and early warning
signs of potential atrocities, and methods of
preventing and responding to atrocities, including
conflict assessment methods, peacebuilding, mediation
for prevention, early action and response, and
appropriate transitional justice measures to address
atrocities.''.
SEC. 5. REPORTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for the following six
years, the President shall transmit to the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate a report, with a classified annex if necessary, that
includes--
(1) a review, in consultation with appropriate interagency
representatives, including the Board, consisting of a detailed
description of--
(A) current efforts to prevent and respond to
atrocities, based on United States and locally
identified indicators, including an analysis of
capacities and constraints for interagency detection,
early warning and response, information-sharing,
contingency planning, and coordination;
(B) recommendations to further strengthen United
States capabilities described in subparagraph (A);
(C) funding expended by relevant Federal
departments and agencies on atrocities prevention
activities, including appropriate transitional justice
measures and the legal, procedural, and resource
constraints faced by the Department of State and the
United States Agency for International Development
throughout respective budgeting, strategic planning,
and management cycles regarding support for atrocity
prevention activities;
(D) a global assessment of ongoing atrocities,
including the findings of such assessment and, where
relevant, the efficacy of any steps taken by the Board
or relevant Federal agency to respond to such
atrocities;
(E) countries and regions at risk of atrocities,
including a description of specific risk factors, at-
risk groups, and likely scenarios in which atrocities
would occur; and
(F) the atrocities prevention training for Foreign
Service officers authorized under subparagraph (D) of
section 708(a)(1) of the Foreign Service Act of 1980,
as added by section 4;
(2) recommendations to ensure shared responsibility by--
(A) enhancing multilateral mechanisms for
preventing atrocities, including strengthening the role
of international organizations and international
financial institutions in conflict prevention,
mitigation, and response; and
(B) strengthening relevant regional organizations;
(3) the implementation status of the recommendations
contained in the previous review required by this section; and
(4) identification of the Federal agencies and civil
society, academic, and nongovernmental organizations and
institutions consulted for preparation of such report.
(b) Consideration of Recommendations.--The preparation of the
report required by subsection (a) shall include a consideration of
analysis, reporting, and policy recommendations to prevent and respond
to atrocities produced by civil society, academic, and other
nongovernmental organizations and institutions.
(c) Availability to Congress.--The report required by subsection
(a) shall be made available to all members of Congress.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``genocide'' means an offense under subsection
(a) of section 1091 of title 18, United States Code;
(2) the term ``atrocities'' means war crimes, crimes
against humanity, and genocide;
(3) the term ``transitional justice'' means the range of
judicial, nonjudicial, formal, informal, retributive, and
restorative measures employed by countries transitioning out of
armed conflict or repressive regimes to redress legacies of
atrocities and to promote long-term, sustainable peace; and
(4) the term ``war crime'' has the meaning given the term
in section 2441(c) of title 18, United States Code.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the use of
military force.
Passed the Senate December 12, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1158
_______________________________________________________________________
AN ACT
To help prevent acts of genocide and other atrocity crimes, which
threaten national and international security, by enhancing United
States Government capacities to prevent, mitigate, and respond to such
crises. | Elie Wiesel Genocide and Atrocities Prevention Act of 2017 This bill states that it is U.S. policy to regard the prevention of genocide and other atrocity crimes as a core national security interest and a core moral responsibility. The President shall instruct the Department of State to establish a Mass Atrocities Task Force to strengthen State Department efforts and assist other agency efforts at atrocity prevention and response. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service Officers in conflict and atrocity crimes prevention. The Director of National Intelligence is encouraged to include in his or her annual testimony to Congress on threats to U.S. national security: (1) a review of countries and regions at risk of atrocity crimes; and (2) specific countries and regions at immediate risk of atrocity crimes, including most likely pathways to violence, specific risk factors, potential perpetrators, and at-risk target groups. The bill establishes the Complex Crises Fund to enable the State Department and the U.S. Agency for International Development to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, including potential atrocity crimes. Fund amounts may not be expended for lethal assistance or to respond to natural disasters. | Elie Wiesel Genocide and Atrocities Prevention Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Vehicle Corridors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Traditional transportation refueling networks are well-
established, but market uncertainties continue to hamper the
full use of cleaner alternative domestic energy resources.
(2) Despite considerable investor interest, higher capital
costs and an uncertain consumer base has limited expansion of
cleaner alternative refueling options and its customer base.
(3) Reduced emissions and energy independence are important
factors at a National level, but they are not a sufficient
inducement to create large-scale changes.
(4) While American-made fuels provide many energy security
and environmental benefits, a significant portion of imported
oil continues to be consumed as diesel fuel in on-road motor
vehicles.
(5) Motor vehicles fueled by domestically generated,
cleaner alternative transportation fuels, such as compressed
natural gas, liquefied natural gas, propane, electricity,
hydrogen, and advanced biofuels, can pay for themselves over
time, but sales of such vehicles, other than return-to-base
vehicles, have been hampered because of insufficient refueling
infrastructure.
(6) Simultaneous facilitation of infrastructure development
and a robust customer base is needed to avoid penalizing
current users or early adopters.
(7) Facilitating focused infrastructure development along
designated routes will foster an expansion of cleaner
alternative fuel vehicles and increase the likelihood for
commercial success.
(8) Eliminating the logistical barriers that are delaying
infrastructure development along Clean Vehicle Corridors will--
(A) provide cleaner alternative refueling stations
with a larger customer base;
(B) attract more buyers to the purchase of clean
vehicles; and
(C) provide new market outlets for clean fuel
providers.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide market certainty to drive private and
commercial capital investment in clean transportation options;
(2) to promote clean transportation technologies that
will--
(A) lead to increased diversity and dissemination
of cleaner alternative fuel options; and
(B) enable the United States to bridge the gap from
foreign energy imports to secure, domestically produced
energy; and
(3) to facilitate clean transportation incentives that
will--
(A) attract a critical mass of clean transportation
vehicles that will give cleaner alternative fueling
stations an assured customer base and market certitude;
(B) provide for ongoing increases in energy
demands;
(C) support the growth of jobs and businesses in
the United States;
(D) reduce emissions by motor vehicles;
(E) decrease our Nation's use of foreign oil; and
(F) encourage innovation in transportation energy
and technology.
SEC. 4. DEFINITIONS.
In this Act:
(1) Cleaner alternative fuels.--The term ``cleaner
alternative fuels'' includes--
(A) compressed natural gas;
(B) liquefied natural gas;
(C) liquefied petroleum gas (also known as
propane);
(D) plug-in electric;
(E) advanced biofuels (as defined in section
211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(i));
(F) hydrogen; and
(G) other fuels designated by the Secretary.
(2) Clean cities.--The term ``Clean Cities'' means the
voluntary public-private partnership and technology deployment
program managed by the Department of Energy to meet goals in
the Alternative Motor Fuels Act of 1988 (Public Law 100-494),
the Clean Air Act Amendments of 1990 (Public Law 101-549), and
the Energy Policy Act of 1992 (Public Law 102-486).
(3) Highways.--The term ``highways'' is limited to roadways
that are part of--
(A) the National Highway System, as established by
the Federal Highway Administration;
(B) the Dwight D. Eisenhower National System of
Interstate and Defense Highways;
(C) the National Truck Network, as authorized by
the Surface Transportation Assistance Act of 1982
(Public Law 97-424) and established by the Federal
Highway Administration; and
(D) other roadways most critical to trucks as
determined by the Office of Freight Management and
Operations in the Federal Highway Administration and
authorized by the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141).
(4) Supporting infrastructure.--The term ``supporting
infrastructure'' includes fueling stations, rest stops, travel
plazas, and other service areas on public or private property
that are found to be most practically located along a Clean
Vehicle Corridor.
SEC. 5. CLEAN VEHICLE CORRIDORS PROGRAM.
(a) Corridor Designations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
(referred to in this section as the ``Secretary'') shall
designate not fewer than 5 ``Clean Vehicle Corridors'' along
Federal highways, interstates, or other contiguous highways.
(2) Consultation.--Before making a designation under
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Energy regarding
the analysis of data collected by both agencies at
cleaner alternative fueling projects authorized by this
Act and other Acts to better understand usage patterns
and petroleum displacement to inform Corridor
designation;
(B) receive approval from the Secretary of Energy;
(C) consult with the Secretary of Commerce, the
Secretary of the Interior, and the Administrator of the
Environmental Protection Agency;
(D) consult with State, Tribal, and local
governments through whose jurisdictions the proposed
corridor runs or abuts;
(E) gather information from Federal, State, Tribal,
and local governments, nongovernmental organizations,
businesses, Clean Cities, and individuals to help
determine which highways should be included in the
corridors designated under paragraph (1);
(F) consider existing programs, whether Federal,
State, Tribal, local, or private, which can be
leveraged to achieve the purposes of this Act;
(G) give preference to corridors that connect Clean
Cities, as designated by the Department of Energy; and
(H) give consideration to air quality nonattainment
areas, as determined by the Administration of the
Environmental Protection Agency.
(b) Infrastructure Development for Cleaner Alternative Fuels.--
(1) In general.--The Secretary of Transportation shall
encourage the addition of cleaner alternative fuel options and
other supporting infrastructure along Clean Vehicle Corridors.
These refueling stations should provide at least 1 cleaner
alternative fuel and allow any motor vehicle that operates on
such fuels to refuel at distances comfortably within 1 tank
range without the need for prior arrangement. Existing and
private facilities should be encouraged to be included in the
Clean Vehicle Corridors network.
(2) Incentives.--To promote Clean Vehicle Corridors, the
Secretary may provide waivers to statutory restrictions for
cleaner alternative fuel projects and vehicles along Clean
Vehicle Corridors, including--
(A) modifying HOV/HOT lane restrictions under
section 166 of title 23, United States Code, to
accommodate vehicles using cleaner alternative fuels;
(B) modifying weight limits under section 127 of
title 23, United States Code, to accommodate the
additional weight to vehicles caused by cleaner
alternative fuel technology such as fuel cylinders for
natural gas or auxiliary power sources;
(C) deeming Clean Vehicle Corridor projects
designated under subsection (a) as eligible projects
for an increased Federal funding share under section
1116 of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141);
(D) allowing owners and operators of publicly owned
supporting infrastructure to designate parking spaces
that are conveniently located near major facilities for
use by vehicles that use cleaner alternative fuels;
(E) allowing the inclusion of cleaner alternative
fueling infrastructure projects in State energy
conservation plans, in accordance with section
362(d)(5) of the Energy Policy and Conservation Act (42
U.S.C. 6322(d)(5)); and
(F) giving areas surrounding Clean Cities a
priority preference for Department of Energy funding
opportunities.
(c) Information and Resources on Clean Vehicle Corridors.--
(1) Website.--
(A) In general.--The Secretary of Transportation
shall maintain a publicly accessible website containing
information and resources for Clean Vehicle Corridors.
(B) Best practices.--The Secretary, in consultation
with Federal agencies, Tribes, States, and Clean
Cities, shall--
(i) identify best practices and case
studies of communities and complementary
programs that have successfully promoted
cleaner alternative fuel use; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(C) Available mechanisms.--The Secretary shall--
(i) identify all existing technical and
financial mechanisms available to promote the
development of cleaner alternative fuel
infrastructure; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(D) Hyperlink.--The Secretary shall ensure that the
website referred to in subparagraph (A) is linked to
the Alternative Fuels Data Center maintained by the
Department of Energy.
(2) Data gathering.--The Secretary shall collaborate with
the Secretary of Energy and all relevant Clean Vehicle Corridor
stakeholders to collect data on cleaner alternative fueling
station usage patterns, including energy consumption,
performance, petroleum displacement, and other factors deemed
important by the Secretaries to inform Corridor designation and
performance.
(3) Interstate compacts.--
(A) Establishment.--Two or more contiguous States
may enter into an interstate compact to establish Clean
Vehicle Corridor partnerships to facilitate planning
for and siting of necessary facilities within those
States.
(B) Technical assistance.--
(i) In general.--The Secretary, in
consultation with the Secretary of Energy, the
Secretary of Commerce, the Secretary of the
Interior, and the Administrator of the
Environmental Protection Agency, may provide
technical assistance to interstate compact
partnerships established pursuant to
subparagraph (A).
(ii) Federal authority.--Nothing contained
in clause (i) or in any compact may be
construed--
(I) to limit the applicability of
any Federal law;
(II) to diminish or otherwise
impair the jurisdiction of any Federal
agency; or
(III) to alter, amend, or otherwise
affect any Federal law governing the
judicial review of any action taken
pursuant to any compact.
(C) Congressional review.--Each compact established
pursuant to subparagraph (A) shall acknowledge that
Congress may withdraw its consent under this paragraph
every 3 years after the compact has taken effect. | Clean Vehicle Corridors Act - Requires the Secretary of Transportation (DOT) to: (1) designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and (2) encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines "cleaner alternative fuels" to include: (1) compressed natural gas, (2) liquefied natural gas, (3) liquefied petroleum gas (also known as propane), (4) plug-in electric, (5) advanced biofuels, and (6) hydrogen. Authorizes the Secretary to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires the Secretary to: (1) maintain a publicly accessible website containing information and resources for corridors, (2) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities, (3) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure, and (4) collaborate with the Secretary of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: (1) two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and (2) the Secretary, in consultation with the DOE Secretary, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency (EPA), to provide technical assistance to interstate compact partnerships. | Clean Vehicle Corridors Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The power to dispose of and make all needful rules and
regulations governing lands belonging to the United States is
vested in the Congress under article IV, section 3, of the
Constitution.
(2) Some Federal land designations made pursuant to
international agreements concern land use policies and
regulations for lands belonging to the United States which
under article IV, section 3, of the Constitution can only be
implemented through laws enacted by the Congress.
(3) Some international land designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, which have no legislative
directives or authorization from the Congress.
(4) Actions by the United States in making such
designations may affect the use and value of nearby or
intermixed non-Federal lands.
(5) The sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power.
(6) Private property rights are essential for the
protection of freedom.
(7) Actions by the United States to designate lands
belonging to the United States pursuant to international
agreements in some cases conflict with congressional
constitutional responsibilities and State sovereign
capabilities.
(8) Actions by the President in applying certain
international agreements to lands owned by the United States
diminishes the authority of the Congress to make rules and
regulations respecting these lands.
(b) Purpose.--The purposes of this Act are the following:
(1) To reaffirm the power of the Congress under article IV,
section 3, of the Constitution over international agreements
which concern disposal, management, and use of lands belonging
to the United States.
(2) To protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating lands pursuant to international agreements.
(3) To ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal actions designating lands pursuant to international
agreements for purposes of imposing restrictions on use of
those lands.
(4) To protect private interests in real property from
diminishment as a result of Federal actions designating lands
pursuant to international agreements.
(5) To provide a process under which the United States may,
when desirable, designate lands pursuant to international
agreements.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (Public Law 96-515; 94 Stat. 2987) is amended--
(1) in subsection (a) in the first sentence, by--
(A) striking ``The Secretary'' and inserting
``Subject to subsections (b), (c), (d), and (e), the
Secretary''; and
(B) inserting ``(in this section referred to as the
`Convention')'' after ``1973''; and
(2) by adding at the end the following new subsections:
``(d)(1) The Secretary of the Interior may not nominate any lands
owned by the United States for inclusion on the World Heritage List
pursuant to the Convention, unless--
``(A) the Secretary finds with reasonable basis that
commercially viable uses of the nominated lands, and
commercially viable uses of other lands located within 10 miles
of the nominated lands, in existence on the date of the
nomination will not be adversely affected by inclusion of the
lands on the World Heritage List, and publishes that finding;
``(B) the Secretary has submitted to the Congress a report
describing--
``(i) natural resources associated with the lands
referred to in subparagraph (A); and
``(ii) the impacts that inclusion of the nominated
lands on the World Heritage List would have on existing
and future uses of the nominated lands or other lands
located within 10 miles of the nominated lands; and
``(C) the nomination is specifically authorized by a law
enacted after the date of enactment of the American Land
Sovereignty Protection Act and after the date of publication of
a finding under subparagraph (A) for the nomination.
``(2) The President may submit to the Speaker of the House of
Representatives and the President of the Senate a proposal for
legislation authorizing such a nomination after publication of a
finding under paragraph (1)(A) for the nomination.
``(e) The Secretary of the Interior shall object to the inclusion
of any property in the United States on the list of World Heritage in
Danger established under Article 11.4 of the Convention, unless--
``(1) the Secretary has submitted to the Speaker of the
House of Representatives and the President of the Senate a
report describing--
``(A) the necessity for including that property on
the list;
``(B) the natural resources associated with the
property; and
``(C) the impacts that inclusion of the property on
the list would have on existing and future uses of the
property and other property located within 10 miles of
the property proposed for inclusion; and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list, by a joint
resolution of the Congress after the date of submittal of the
report required by paragraph (1).
``(f) The Secretary of the Interior shall submit an annual report
on each World Heritage Site within the United States to the Chairman
and Ranking Minority member of the Committee on Resources of the House
of Representatives and of the Committee on Energy and Natural Resources
of the Senate, that contains for the year covered by the report the
following information for the site:
``(1) An accounting of all money expended to manage the
site.
``(2) A summary of Federal full time equivalent hours
related to management of the site.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the site.
``(4) A summary and account of the disposition of
complaints received by the Secretary related to management of
the site.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
``(b) Any designation on or before the date of enactment of the
American Land Sovereignty Protection Act of an area in the United
States as a Biosphere Reserve under the Man and Biosphere Program of
the United Nations Educational, Scientific, and Cultural Organization
shall not have, and shall not be given, any force or effect, unless the
Biosphere Reserve--
``(1) is specifically authorized by a law enacted after
that date of enactment and before December 31, 2000;
``(2) consists solely of lands that on that date of
enactment are owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of intermixed or adjacent non-Federal
property is not limited or restricted as a result of that
designation.
``(c) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate, that contains for the year covered by the report the
following information for the reserve:
``(1) An accounting of all money expended to manage the
reserve.
``(2) A summary of Federal full time equivalent hours
related to management of the reserve.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the
reserve.
``(4) A summary and account of the disposition of the
complaints received by the Secretary related to management of
the reserve.''.
SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end
the following new section:
``Sec. 404. (a) No Federal official may nominate, classify, or
designate any lands owned by the United States and located within the
United States for a special or restricted use under any international
agreement unless such nomination, classification, or designation is
specifically authorized by law. The President may from time to time
submit to the Speaker of the House of Representatives and the President
of the Senate proposals for legislation authorizing such a nomination,
classification, or designation.
``(b) A nomination, classification, or designation, under any
international agreement, of lands owned by a State or local government
shall have no force or effect unless the nomination, classification, or
designation is specifically authorized by a law enacted by the State or
local government, respectively.
``(c) A nomination, classification, or designation, under any
international agreement, of privately owned lands shall have no force
or effect without the written consent of the owner of the lands.
``(d) This section shall not apply to--
``(1) agreements established under section 16(a) of the
North American Wetlands Conservation Act (16 U.S.C. 4413); and
``(2) conventions referred to in section 3(h)(3) of the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
``(e) In this section, the term `international agreement' means any
treaty, compact, executive agreement, convention, bilateral agreement,
or multilateral agreement between the United States or any agency of
the United States and any foreign entity or agency of any foreign
entity, having a primary purpose of conserving, preserving, or
protecting the terrestrial or marine environment, flora, or fauna.''.
SEC. 6. CLERICAL AMENDMENT.
Section 401(b) of the National Historic Preservation Act Amendments
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on
Natural Resources'' and inserting ``Committee on Resources''. | Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States.
(Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States.
(Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the President to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively. | American Land Sovereignty Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oglala Sioux Tribe Angostura
Irrigation Project Modernization and Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress approved the Pick-Sloan Missouri River Basin
Program by passing the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et
seq.)--
(A) to promote the economic development of the
United States;
(B) to provide for irrigation in regions north of
Sioux City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(i) irrigation of approximately 12,218
acres of productive farm land in South Dakota;
and
(ii) substantial recreation and fish and
wildlife benefits;
(3) the Commissioner of Reclamation has determined that--
(A) the national economic development benefits from
irrigation at the Angostura Unit total approximately
$3,410,000 annually; and
(B) the national economic development benefits of
recreation at Angostura Reservoir total approximately
$7,100,000 annually;
(4) the Angostura Unit impounds the Cheyenne River 20 miles
upstream of the Pine Ridge Indian Reservation in South Dakota;
(5) the Reservation experiences extremely high rates of
unemployment and poverty;
(6) there is a need for economic development on the
Reservation;
(7) the national economic development benefits of the
Angostura Unit do not extend to the Reservation;
(8) the Angostura Unit may be associated with negative
effects on water quality and riparian vegetation in the
Cheyenne River on the Reservation;
(9) modernization of the irrigation facilities at the
Angostura Unit would--
(A) enhance the national economic development
benefits of the Angostura Unit; and
(B) result in improved water efficiency and
environmental restoration benefits on the Reservation;
and
(10) the establishment of a trust fund for the Oglala Sioux
Tribe would--
(A) produce economic development benefits for the
Reservation comparable to the benefits produced at the
Angostura Unit; and
(B) provide resources that are necessary for
restoration of the Cheyenne River corridor on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Angostura unit.--The term ``Angostura Unit'' means the
irrigation unit of the Angostura irrigation project developed
under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal
Development Trust Fund established by section 201(a).
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River basin program approved
under the Act of December 22, 1944 (33 U.S.C. 701-1 et seq.)
(commonly known as the ``Flood Control Act of 1944'').
(4) Plan.--The term ``plan'' means the development plan
developed by the Tribe under section 201(f).
(5) Reservation.--The term ``Reservation'' means the Pine
Ridge Indian Reservation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal council.--The term ``Tribal Council'' means the
governing body of the Tribe.
(8) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe
of the Pine Ridge Indian Reservation.
SEC. 4. MODERNIZATION.
(a) Modernization of Facilities at Angostura Unit.--
(1) In general.--The Secretary shall carry out the
modernization and improvement of the facilities at the
Angostura Unit as described in the Improved Efficiencies
Alternative included in the report entitled ``Final
Environmental Impact Statement, Angostura Unit Contract
Negotiation and Water Management (August 2002)''.
(2) Nonreimbursability.--The cost of the modernization and
improvement of the facilities at the Angostura Unit shall be
carried out on a nonreimbursable basis.
(b) Delivery of Water to Pine Ridge Indian Reservation.--The
Secretary shall provide for the delivery of the water saved through the
modernization and improvement of the facilities of the Angostura Unit
as an instream flow of the Cheyenne River to be used for fish and
wildlife purposes and environmental restoration on the Reservation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $4,660,000, to remain
available until expended.
SEC. 5. DEVELOPMENT.
(a) Oglala Sioux Tribal Development Trust Fund.--
(1) Oglala sioux tribal development trust fund.--There is
established in the Treasury of the United States a fund to be
known as the ``Oglala Sioux Tribal Development Trust Fund'',
consisting of any amounts deposited in the Fund under this Act.
(2) Funding.--Not later than the first day of the 11th
fiscal year that begins after the date of enactment of this
Act, the Secretary of the Treasury shall deposit in the Fund,
from the general fund of the Treasury, $92,500,000.
(3) Investment of trust fund.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Eligible obligations.--Notwithstanding any
other provision of law, the Secretary of the Treasury
shall invest the amounts deposited under paragraph (2)
and the interest earned on those amounts only in
interest-bearing obligations of the United States
issued directly to the Fund.
(C) Interest.--The Secretary of the Treasury shall
deposit interest resulting from such investments into
the Fund.
(4) Payment of interest to tribe.--
(A) Withdrawal of interest.--On October 1st of each
year, the Secretary of the Treasury shall transfer the
aggregate amount of interest deposited into the Fund
for the fiscal year to the Secretary for use in
accordance with subparagraph (C).
(B) Availability.--Each amount transferred under
subparagraph (A) shall be available without fiscal year
limitation.
(C) Payments to tribe.--
(i) In general.--The Secretary shall use
the amounts transferred under subparagraph (A)
only for the purpose of making payments to the
Tribe, as such payments are requested by the
Tribe pursuant to tribal resolution.
(ii) Limitation.--Payments may be made by
the Secretary under clause (i) only after the
Tribe has adopted a plan under paragraph (6).
(iii) Use of payments by tribe.--The Tribe
shall use the payments made under this
subparagraph only for carrying out projects and
programs under the plan prepared under
paragraph (6).
(5) Limitation on transfers and withdrawals.--Except as
provided in paragraphs (3) and (4)(A), the Secretary of the
Treasury shall not transfer or withdraw any amount deposited
into the Fund under paragraph (2).
(6) Development plan.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Tribal Council shall
prepare a plan for the use of the payments to the Tribe
under paragraph (4).
(B) Contents.--The plan shall provide for the
manner in which the Tribe shall expend payments to the
Tribe under paragraph (4) to promote--
(i) economic development;
(ii) infrastructure development;
(iii) the educational, health,
recreational, and social welfare objectives of
the Tribe and members of the Tribe; or
(iv) any combination of the activities
described in clauses (i) through (iii).
(C) Plan review and revision.--
(i) In general.--The Tribal Council shall
make available for review and comment by the
members of the Tribe a copy of the plan before
the plan becomes final, in accordance with
procedures established by the Tribal Council.
(ii) Updating of plan.--
(I) In general.--The Tribal Council
may, on an annual basis, revise the
plan.
(II) Review and comment.--In
revising the plan, the Tribal Council
shall provide the members of the Tribe
opportunity to review and comment on
any proposed revision to the plan.
(iii) Consultation.--In preparing the plan
and any revisions to the plan, the Tribal
Council shall consult with the Secretary and
the Secretary of Health and Human Services.
(D) Audit.--
(i) In general.--The activities of the
Tribe in carrying out the plan shall be audited
as part of the annual single-agency audit that
the Tribe is required to prepare pursuant to
the Office of Management and Budget circular
numbered A-133.
(ii) Determination by auditors.--The
auditors that conduct the audit under this
subparagraph shall--
(I) determine whether funds
received by the Tribe under this
section for the period covered by the
audit were expended to carry out the
plan in a manner consistent with this
section; and
(II) include in the written
findings of the audit the determination
made under clause (i).
(iii) Inclusion of findings with
publication of proceedings of tribal council.--
A copy of the written findings of the audit
described in this subparagraph shall be
inserted in the published minutes of the Tribal
Council proceedings for the session at which
the audit is presented to the Tribal Council.
(7) Prohibition of per capita payments.--No portion of any
payment made under this Act may be distributed to any member of
the Tribe on a per capita basis.
(b) Eligibility of Tribe for Certain Programs and Services.--No
payment made to the Tribe under this Act shall result in the reduction
or denial of any service or program with respect to which, under
Federal law--
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the
Tribe.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to pay the administrative
expenses of the Fund.
(d) Disclaimer of Effects.--Nothing in this Act affects--
(1) any right or claim of the Tribe under the Treaty of
Fort Laramie of September 17, 1851 (11 Stat. 749);
(2) any right or claim of the Tribe under the Treaty of
Fort Laramie of April 29, 1868 (15 Stat. 635); or
(3) the reserved water rights of the Tribe under the
principles of Winters v. United States (207 U.S. 564 (1908)). | Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Directs the Secretary of the Interior to: (1) carry out the modernization and improvement of facilities at the Angostura Irrigation Unit of the Pick-Sloan Missouri River basin program; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation (South Dakota). Authorizes appropriations.
Establishes in the Treasury the Oglala Sioux Tribal Development Trust Fund. Directs the Secretary of the Treasury to: (1) deposit $92.5 million into such Trust Fund by the first day of the 11th fiscal year after the enactment of this Act; and (2) make payments to the Oglala Sioux Tribe of the Pine Ridge Indian Reservation as requested by the Tribe pursuant to tribal resolution. Requires the Tribal Council to prepare a plan for the use of such payments for economic and infrastructure development and for educational, health, recreational, and social welfare objectives of the Tribe or members of the Tribe. Provides for the review and updating of such plan and the auditing of the activities of the Tribe in carrying out the plan. Prohibits payments to any member of the Tribe on a per capita basis.
States that no payment made to the Tribe under this Act shall result in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled under federal law.
Authorizes appropriations to pay the administrative expenses of the Trust Fund.
Declares that nothing in this Act affects: (1) any right or claim of the Tribe under the Treaty of Fort Laramie of September 17, 1851, or April 29, 1868; or (2) reserved water rights of the Tribe. | A bill to enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coltsville National Historical Park
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``city'' means the city of Hartford,
Connecticut.
(2) Commission.--The term ``Commission'' means the
Coltsville National Historical Park Advisory Commission
established by subsection 6(a).
(3) Historic district.--The term ``Historic District''
means the Coltsville Historic District.
(4) Map.--The term ``map'' means the map titled
``Coltsville National Historical Park--Proposed Boundary'',
numbered T25/102087, and dated May 11, 2010.
(5) Park.--The term ``park'' means the Coltsville National
Historical Park in the State of Connecticut.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Connecticut.
SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Coltsville National Historical Park''.
(2) Conditions for establishment.--The park shall not be
established until the date on which the Secretary determines
that--
(A) the Secretary has acquired by donation
sufficient land or an interest in land within the
boundary of the park to constitute a manageable unit;
(B) the State, city, or private property owner, as
appropriate, has entered into a written agreement with
the Secretary to donate at least 10,000 square feet of
space in the East Armory which would include facilities
for park administration and visitor services;
(C) the Secretary has entered into a written
agreement with the State, city, or other public entity,
as appropriate, providing that--
(i) land owned by the State, city, or other
public entity within the Coltsville Historic
District shall be managed consistent with this
section; and
(ii) future uses of land within the
historic district shall be compatible with the
designation of the park and the city's
preservation ordinance; and
(D) the Secretary has reviewed the financial
resources of the owners of private and public property
within the boundary of the proposed park to ensure the
viability of the park based on those resources.
(b) Boundaries.--The park shall include and provide appropriate
interpretation and viewing of the following sites, as generally
depicted on the map:
(1) The East Armory.
(2) The Church of the Good Shepherd.
(3) The Caldwell/Colt Memorial Parish House.
(4) Colt Park.
(5) The Potsdam Cottages.
(6) Armsmear.
(7) The James Colt House.
(c) Collections.--The Secretary shall enter into a written
agreement with the State of Connecticut State Library, Wadsworth
Atheneum, and the Colt Trust, or other public entities, as appropriate,
to gain appropriate access to Colt-related artifacts for the purposes
of having items routinely on display in the East Armory or within the
park as determined by the Secretary as a major function of the visitor
experience.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) State and Local Jurisdiction.--Nothing in this Act enlarges,
diminishes, or modifies any authority of the State, or any political
subdivision of the State (including the city)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
park.
(c) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this Act, the Secretary may enter into
cooperative agreements with the owner of any property within
the Coltsville Historic District or any nationally significant
properties within the boundary of the park, under which the
Secretary may identify, interpret, restore, rehabilitate, and
provide technical assistance for the preservation of the
properties.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(4) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States to
reimbursement in an amount equal to the greater of--
(A) the amounts made available to the project by
the United States; or
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of
funds under this subsection, the Secretary shall
require that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to-1
basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the
non-Federal share required under subparagraph (A) may
be in the form of donated property, goods, or services
from a non-Federal source, fairly valued.
(d) Acquisition of Land.--Land or interests in land owned by the
State or any political subdivision of the State may be acquired only by
donation.
(e) Technical Assistance and Public Interpretation.--The Secretary
may provide technical assistance and public interpretation of related
historic and cultural resources within the boundary of the historic
district.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this Act, the Secretary, in
consultation with the Commission, shall complete a management plan for
the park in accordance with--
(1) section 12(b) of Public Law 91-383 (commonly known as
the National Park Service General Authorities Act) (16 U.S.C.
1a-7(b)); and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include provisions that
identify costs to be shared by the Federal Government, the State, and
the city, and other public or private entities or individuals for
necessary capital improvements to, and maintenance and operations of,
the park.
(c) Submission to Congress.--On completion of the management plan,
the Secretary shall submit the management plan to--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY COMMISSION.
(a) Establishment.--There is established a Commission to be known
as the Coltsville National Historical Park Advisory Commission.
(b) Duty.--The Commission shall advise the Secretary in the
development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, to be appointed by the Secretary, of whom--
(A) 2 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(B) 1 member shall be appointed after consideration
of recommendations submitted by the State Senate
President;
(C) 1 member shall be appointed after consideration
of recommendations submitted by the Speaker of the
State House of Representatives;
(D) 2 members shall be appointed after
consideration of recommendations submitted by the Mayor
of Hartford, Connecticut;
(E) 2 members shall be appointed after
consideration of recommendations submitted by
Connecticut's 2 United States Senators;
(F) 1 member shall be appointed after consideration
of recommendations submitted by Connecticut's First
Congressional District Representative;
(G) 2 members shall have experience with national
parks and historic preservation;
(H) all appointments must have significant
experience with and knowledge of the Coltsville
Historic District; and
(I) 1 member of the Commission must live in the
Sheldon/Charter Oak neighborhood within the Coltsville
Historic District.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(A) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under paragraph (1);
or
(B) the date that is 30 days after the park is
established.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 3 years.
(B) Reappointment.--A member may be reappointed for
not more than 1 additional term.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of--
(1) the Chairperson; or
(2) a majority of the members of the Commission.
(f) Quorum.--A majority of the Commission shall constitute a
quorum.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Term.--A member may serve as Chairperson or Vice
Chairperson for not more than 1 year in each office.
(h) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Commission shall
serve without compensation.
(B) Travel expenses.--Members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duty of the Commission.
(2) Staff.--
(A) In general.--The Secretary shall provide the
Commission with any staff members and technical
assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to enable
the Commission to carry out the duty of the Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from the State or
any political subdivision of the State.
(i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j) Termination.--
(1) In general.--Unless extended under paragraph (2), the
Commission shall terminate on the date that is 10 years after
the date of the enactment of this Act.
(2) Extension.--Eight years after the date of the enactment
of this Act, the Commission shall make a recommendation to the
Secretary if a body of its nature is still necessary to advise
on the development of the park. If, based on a recommendation
under this paragraph, the Secretary determines that the
Commission is still necessary, the Secretary may extend the
life of the Commission for not more than 10 years.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated $10,000,000 for the
development of the park. | Coltsville National Historical Park Act - (Sec. 3) Establishes the Coltsville National Historical Park as a unit of the National Park System in Connecticut.
Bars the establishment of the Park until it is determined that specified conditions have been met, including that: (1) Connecticut, the city of Hartford, or private property owner, as appropriate, has entered into a written agreement with the Secretary of the Interior to donate at least 10,000 square feet of space in the East Armory; and (2) the Secretary has entered into a written agreement with the state, city, or other public entity, as appropriate, which provides that land owned by such an entity within the Coltsville Historic District shall be managed consistent with land uses that are compatible with the designation of the Park and the city's preservation ordinance.
Requires the Park to provide interpretation and viewing of specified sites, including the East Armory and Colt Park. Requires the Secretary to enter into a written agreement with the Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain access to Colt-related artifacts to have them on display in the East Armory or within the Park.
(Sec. 4) Prohibits anything in this Act from enlarging, diminishing, or modifying any authority of the state or any of its political subdivisions.
Authorizes the Secretary to enter into cooperative agreements with the owners of any properties within the Historic District or any nationally significant properties within the Park under which the Secretary may identify, interpret, restore and provide technical assistance for the preservation of such properties.
Bars the making of any changes or alterations to any properties covered by such an agreement unless the Secretary and the other party to the agreement agree to the changes or alterations.
Requires any payment made by the Secretary under this section to be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section shall entitle the United States to reimbursement.
Requires any federal funds under such an agreement to be matched on a one-to-one basis by non-federal funds.
Permits the acquisition of lands or interests owned by the state or any political subdivision of the state by donation only.
Authorizes the Secretary to provide technical assistance and public interpretation of related historic and cultural resources within the Historic District.
(Sec. 5) Requires the Secretary to complete and submit to Congress a management plan for the Park with the advice of the Coltsville National Historical Park Advisory Commission established by this Act.
Requires the management plan to include provisions that identify the costs to be shared by the federal government, the state, and the city, and other public or private entities or individuals for necessary capital improvements to and maintenance and operations of the Park.
(Sec. 6) Directs the Commission to advise the Secretary in the implementation of the management plan.
Terminates the Commission 10 years after enactment of this Act. Allows the Commission to be extended for an additional 10-year period, if necessary.
(Sec. 7) Authorizes appropriations for the development of the Park. | To establish Coltsville National Historical Park in the State of Connecticut, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Taxpayer
Protection Act of 2005''.
(b) Findings.--The Congress finds the following:
(1) The integrity of the Federal tax system is integral to
the efficient and ongoing functioning of representative
democracy.
(2) A pillar of exemplary citizenship is compliance with
the Federal tax code as it pertains to individual income taxes.
(3) Individual taxpayers voluntarily disclose sensitive
personal information to the Federal Government with the
expectation that such information will be utilized and retained
only by qualified, trained, and accountable personnel of the
Internal Revenue Service (IRS) .
(4) Although the IRS has stated that there will be tight
restrictions on what information will be released to private
collection agencies, the statute places no restrictions on what
information may be released to private collection agencies.
(5) More than 26 million Americans have, since 1990, been
victims of some form of ``identity theft'' through
misappropriation and misuse of their personal information.
(6) Disclosure of taxpayer information to nongovernmental,
third party vendors will increase the risk of wrongful
disclosure of taxpayer information that results in higher
incidences of ``identity theft''.
(7) The IRS has already demonstrated its inability to
protect taxpayer data from unauthorized disclosure under
existing vendor contracts as documented in an internal report
by the Department of Treasury Inspector General for Tax
Administration.
(8) The IRS Restructuring and Reform Act of 1998
specifically prevents employees or supervisors at the IRS from
being evaluated or compensated based on how much they collect
in order to prevent incentives for overly aggressive and
abusive tactics.
(9) The compensation scheme for private tax collection
agencies is a recovery fee of up to 25 percent of funds
collected that will lead to overzealous and abusive collection
tactics against taxpayers.
(10) The Congress has previously rejected the use of
private tax collection agencies by canceling a pilot program in
1996 due to violations by private collection agencies of the
Fair Debt Collection Practices Act, inadequate protection of
sensitive taxpayer information, and a loss of approximately $17
million during the pilot program.
(11) A 2002 report by the IRS Commissioner to the IRS
Oversight Board identified an additional $30 billion in taxes
owed that could be collected annually by increased funding for
IRS personnel. A $9 billion annual increase in revenue could be
achieved by earmarking approximately $300 million to specific
IRS collection functions, for a return of $30 for every $1
spent.
(12) Due to the vagaries of the budget scoring process,
additional funds collected by IRS personnel do not ``score'' as
increased revenues.
(13) The use of private collection agencies was deemed a
``new tool'' to the IRS Commissioner that resulted in increased
revenue being ``scored'' to the Federal Government when such
activity would actually result in increased cost to taxpayers.
(14) Members of the House of Representatives were not
afforded the opportunity to specifically vote on this
significant policy change during consideration of H.R. 4520,
the American Jobs Creation Act of 2004, in the 108th Congress.
SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION
CONTRACTS.
(a) In General.--Subchapter A of chapter 64 of the Internal Revenue
Code of 1986 (relating to collection) is amended by striking section
6306.
(b) Conforming Amendments.--
(1) Subchapter B of chapter 64 of such Code is amended by
striking section 7433A.
(2) Section 7809(a) of such Code is amended by striking
``6306,''.
(3) Section 7811 of such Code is amended by striking
subsection (g).
(4) Section 1203 of the Internal Revenue Service
Restructuring Act of 1998 is amended by striking subsection
(e).
(5) The table of sections of subchapter A of chapter 64 of
such Code is amended by striking the item relating to section
6306.
(6) The table of sections of subchapter B of chapter 64 of
such Code is amended by striking the item relating to section
7433A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but shall not apply to
any contract entered into before such date.
(d) Termination of Reporting Requirement.--The reporting
requirement of section 881(e) of the American Jobs Creation Act of 2004
shall not apply after the date of the enactment of this Act. | Taxpayer Protection Act of 2005 - Amends the Internal Revenue Code to repeal provisions enacted by the American Jobs Creation Act of 2004 authorizing the Secretary of the Treasury to enter into contracts with private collection agencies for the collection of taxes. | To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Retraining and Investment
Now Act for the 21st Century''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress hereby finds the following:
(1) The value added by workers in the United States and in
other countries is increasingly a function of the aggregate
knowledge acquired by workers through the aggregate educational
and training investments of both governments and businesses.
(2) The aggregate investment by governments of many of the
trading partners of the United States in the education and
training of knowledge workers in those countries has exceeded
the aggregate per-worker investment by Federal, State, and
local governments in the United States.
(3) The disparity is evidenced by the declining educational
performance of students in the United States compared to their
counterparts in other countries.
(4) In an increasingly global and competitive marketplace
it is becoming increasingly difficult for United States-based
businesses to fund worker education and training that is
provided at no cost for similar workers in other countries by
their governments.
(5) The current global workforce environment creates
increasing competitive pressures on domestic companies to
utilize highly educated knowledge workers in other countries.
(6) It is in the interest of the United States government,
national security, the preservation of a strong middle class,
and the welfare of our Nation's workers to reverse this trend
in a fashion that is consistent with trade obligations and the
ability of domestic companies to compete globally.
(7) Public-private partnerships work well in the United
States to advance the needs of our citizens, businesses and
communities. The research and development tax credit under
section 41 of the Internal Revenue Code of 1986 is just one
example of maximizing the use of each sector's strength,
reducing development risk and public capital investment, and
improving cost effectiveness.
(8) Businesses are most adept at training our workforce
because they train employees for available jobs, develop and
utilize new training methods, and eliminate ineffective
trainers and training programs.
(9) With a substantial number of baby boomers retiring over
the next 20 years, the United States has to ensure that it is
capable of training its workforce for the high paying
information and communications technology jobs, whose payroll
contributions will help support the benefit programs of these
retirees, as well as providing incentives to help mature
workers retrain for new jobs after they retire, if they desire.
(b) Purposes.--
(1) It is the purpose of this Act to encourage businesses
and individuals to support the educational development of
knowledge workers in the United States by providing incentives
for information and communications technology education and
training investments, for workers requiring the use of those
skills in professions such as information or communications
technology, engineering, manufacturing and other fields, and
for other purposes.
(2) By encouraging employers to train more incumbent
workers and potential employees in the areas necessary to
expand and maintain their businesses, the United States will
better utilize available training dollars and maximize the
ability of newly trained individuals to utilize their acquired
skills.
SEC. 3. CREDIT FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION
AND TRAINING PROGRAM EXPENSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following:
``SEC. 30D. INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION AND
TRAINING PROGRAM EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--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 information and communications
technology education and training program expenses paid or
incurred by the taxpayer for the benefit of--
``(A) in the case of a taxpayer engaged in a trade
or business, an employee of the taxpayer, or
``(B) in the case of a taxpayer who is an
individual not so engaged, such individual.
``(2) Coordination of credits.--Credit shall be allowable
to the employer with respect to an employee only to the extent
that the employee assigns some or all of the limitation
applicable to such employee under subsection (b) to such
employer.
``(b) Limitations.--
``(1) In general.--The amount of expenses with respect to
any individual which may be taken into account under subsection
(a) for the taxable year shall not exceed $4,000.
``(2) Increase in credit amount for participation in
certain programs and for certain individuals.--Paragraph (1)
shall be applied by substituting `$5,000' for `$4,000' in the
case of expenses--
``(A) with respect to a program operated--
``(i) in an empowerment zone or enterprise
community designated under part I of subchapter
U or a renewal community designated under part
I of subchapter X,
``(ii) in a school district in which at
least 50 percent of the students attending
schools in such district are eligible for free
or reduced-cost lunches under the school lunch
program established under the Richard B.
Russell National School Lunch Act,
``(iii) in an area designated as a disaster
area by the Secretary of Agriculture under
section 321 of the Consolidated Farm and Rural
Development Act or by the President under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act in the taxable year or
the 4 preceding taxable years,
``(iv) in a rural enterprise community
designated under section 766 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 1999 (112 Stat. 2681-37),
``(v) in an area designated by the
Secretary of Agriculture as a Rural Economic
Area Partnership Zone,
``(vi) in an area over which an Indian
tribal government (as defined in section
7701(a)(40)) has jurisdiction, or
``(vii) by an employer who has 200 or fewer
employees for each business day in each of 20
or more calendar weeks in the current or
preceding calendar year, or
``(B) in the case of an individual with a
disability.
``(c) Information Technology Education and Training Program
Expenses.--For purposes of this section--
``(1) In general.--The term `information technology
education and training program expenses' means expenses paid or
incurred by reason of the participation of the taxpayer (or any
employee of the taxpayer) in any information and communications
technology education and training program. Such expenses shall
include expenses paid in connection with--
``(A) course work,
``(B) certification testing,
``(C) programs carried out under the Act of August
16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.) which are registered by the Department of Labor,
and
``(D) other expenses that are essential to
assessing skill acquisition.
``(2) Information technology education and training
program.--The term `information technology education and
training program' means a training program in information and
communications technology workplace disciplines or other skill
sets which is provided in the United States by an accredited
college, university, private career school, postsecondary
educational institution, a commercial information technology
provider, or an employer-owned information technology training
organization.
``(3) Commercial information technology training
provider.--The term `commercial information technology training
provider' means a private sector organization providing an
information and communications technology education and
training program.
``(4) Employer-owned information technology training
organization.--The term `employer-owned information technology
training organization' means a private sector organization that
provides information technology training to its employees using
internal training development and delivery personnel. The
training programs must use industry-recognized training
disciplines and evaluation methods, comparable to institutional
and commercial training providers.
``(d) Denial of Double Benefit.--
``(1) Disallowance of other credits and deductions.--No
deduction or credit shall be allowed under any other provision
of this chapter for expenses taken into account in determining
the credit under this section.
``(2) Reduction for hope and lifetime learning credits.--
The amount taken into account under subsection (a) shall be
reduced by the information technology education and training
program expenses taken into account in determining the credits
under section 25A.
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 45A(e)(2) and subsections (c),
(d), and (e) of section 52 shall apply.
``(f) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under the subpart A and the
previous sections of this subpart, over
``(2) the tentative minimum tax for the taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 30D. Information and communications technology education and
training program expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2006.
SEC. 4. ELIGIBLE EDUCATIONAL INSTITUTION.
(a) In General.--Section 25A(f)(2) of the Internal Revenue Code of
1986 (relating to eligible educational institution) is amended to read
as follows:
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution--
``(i) which is described in section 101(b)
or 102(a) of the Higher Education Act of 1965,
and
``(ii) which is eligible to participate in
a program under title IV of such Act, or
``(B) a commercial information and communications
technology training provider (as defined in section
30D(c)(3)).''
(b) Conforming Amendment.--The second sentence of section 221(d)(2)
of the Internal Revenue Code of 1986 is amended by striking ``section
25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 5. INFORMATION TECHNOLOGY TRAINING CERTIFICATION ADVISORY BOARD.
(a) Establishment.--There is established an Information Technology
Training Certification Advisory Board (in this section referred to as
the ``Board'').
(b) Membership.--The Board shall be composed of not more than seven
members appointed by the Secretary of the Treasury from among
individuals--
(1) associated with information technology certification
and training associations and businesses; and
(2) who are not officers or employees of the Federal
Government.
(c) Meetings.--The Board shall meet not less often than annually.
(d) Chairperson.--
(1) In general.--Subject to paragraph (2), the Board shall
elect a Chairperson from among its members.
(2) Chairperson.--The chairperson shall be an individual
who is a member of an information technology industry trade
association.
(e) Duties.--The Board shall develop guidelines for computer
science, information technology and directly related subjects for the
college courses, and a list of the information technology training and
certifications that qualify for the credit under section 30D of the
Internal Revenue Code of 1986, for approval by the Secretary of the
Treasury.
(f) Submission of List.--Not later than October 1, 2007, and each
year thereafter, the Board shall submit the list required under
subsection (e) to the Secretary of the Treasury.
(g) Board Personnel Matters.--
(1) Compensation of members.--Each member of the Board
shall serve without compensation.
(2) Travel expenses.--Each member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(h) Termination of the Board.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. | Technology Retraining and Investment Now Act for the 21st Century - Amends the Internal Revenue Code to allow a tax credit for 50 percent of the information and communications technology education and training program expenses of individuals and employees, up to $4,000 in a taxable year. Increases the allowable amount of such credit to $5,000 for expenses for a program operated: (1) in an empowerment zone, enterprise community, or renewal community; (2) in a school district in which at least 50 percent of the students are eligible for free or reduced-cost lunches; (3) in an federally-declared disaster area; (4) in certain rural areas receiving federal assistance; (5) in an Indian tribal jurisdiction; (6) by an employer with 200 or fewer employees during a specified period; or (7) for a disabled individual.
Defines "information technology education and training program expenses" to include: (1) course work; (2) certification testing; (3) apprenticeship programs registered by the Department of Labor; and (4) other expenses essential to assessing skill acquisition.
Redefines "eligible educational institution" to include a commercial information and communications technology training provider.
Establishes an Information Technology Training Certification Advisory Board to develop: (1) guidelines for computer science, information technology, and related college courses; and (2) a list of the information technology training and certifications that qualify for the tax credit established by this Act. | To amend the Internal Revenue Code of 1986 to allow a credit against income for certain education and training expenses, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Test Site Veterans'
Compensation Act of 2006''.
SEC. 2. FINDINGS.
(a) Congress makes the following findings:
(1) Employees working on Cold War-era nuclear weapons
programs were employed in facilities owned by the Federal
Government and the private sector producing and testing nuclear
weapons and engaging in related atomic energy defense
activities for the national defense beginning in the 1940s.
(2) These Cold War atomic energy veterans helped to build
and test the nuclear arsenal that served as a deterrent during
the Cold War, sacrificing their personal health and well-being
in service of their country.
(3) During the Cold War, many of these workers were exposed
to radiation and placed in harm's way by the Department of
Energy and contractors, subcontractors, and vendors of the
Department without their knowledge and consent, without
adequate radiation monitoring, and without necessary
protections from internal or external occupational radiation
exposure.
(4) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section
referred to as ``EEOICPA'') was enacted to ensure fairness and
equity for the men and women who, during the past 60 years,
performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy,
its predecessor agencies, and contractors by establishing a
program that would provide timely, uniform, and adequate
compensation for beryllium- and radiation-related health
conditions.
(5) Research by the Department of Energy, the National
Institute for Occupational Safety and Health (NIOSH), NIOSH
contractors, the President's Advisory Board on Radiation and
Worker Health, and congressional committees indicates that at
certain nuclear weapons facilities--
(A) workers were not adequately monitored for
internal or external exposure to ionizing radiation;
and
(B) records were not maintained, are not reliable,
are incomplete, or fail to indicate the radioactive
isotopes to which workers were exposed.
(6) Due to the inequities posed by the factors described
above and the resulting harm to the workers, Congress
designated classes of atomic weapons employees at the Paducah,
Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the
Amchitka Island, Alaska, sites as members of the Special
Exposure Cohort under EEOICPA.
(7) The contribution of the State of Nevada to the security
of the United States throughout the Cold War and since has been
unparalleled.
(8) In 1950, President Harry S Truman designated what would
later be called the Nevada Test Site as the country's nuclear
proving grounds and, a month later, the first atmospheric test
at the Nevada Test Site was detonated.
(9) The United States conducted 100 above-ground and 828
underground nuclear tests at the Nevada Test Site from 1951 to
1992.
(10) Out of the 1,054 nuclear tests conducted in the United
States, 928, or 88 percent, were conducted at the Nevada Test
Site.
(11) The Nevada Test Site has served, and continues to
serve, as the premier research, testing, and development site
for our nuclear defense capabilities.
(12) The Nevada Test Site and its workers are an essential
and irreplaceable part of our nation's defense capabilities.
(13) It has become evident that it is not feasible to
estimate with sufficient accuracy in a timely manner the
radiation dose received by employees at the Department of
Energy facility at the Nevada Test Site for many reasons,
including the following:
(A) The NIOSH Technical Basis Document, the
threshold document for radiation dose reconstruction
under EEOICPA, has incomplete radionuclide lists.
(B) NIOSH has not demonstrated that it can estimate
dose from exposure to large, nonrespirable hot
particles.
(C) There are significant gaps in environmental
measurement and exposure data.
(D) Resuspension doses are seriously
underestimated.
(E) NIOSH has not been able to estimate accurately
exposures to bomb assembly workers and radon levels.
(F) NIOSH has not demonstrated that it can
accurately sample tritiated water vapor.
(G) External dose records lack integrity.
(H) There are no beta dose data until 1966.
(I) There are no neutron dose data until 1966 and
only partial data after such date.
(J) There are no internal dose data until late 1955
or 1956, and limited data until well into the 1960s.
(K) NIOSH has ignored exposure from more than a
dozen underground tests that vented, including Bianca,
Des Moines, Baneberry, Camphor, Diagonal Line, Riola,
Agrini, Midas Myth, Misty Rain, and Mighty Oak.
(L) Instead of monitoring individuals, groups were
monitored, resulting in unreliable personnel
monitoring.
(14) Amchitka Island, where only 3 underground nuclear
tests were conducted, has been designated a Special Exposure
Cohort under EEOICPA.
(15) Some Nevada Test Site workers, despite having worked
with significant amounts of radioactive materials and having
known exposures leading to serious health effects, have been
denied compensation under EEOICPA as a result of flawed
calculations based on records that are incomplete, in error, or
based on faulty assumptions and incorrect models.
SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL
EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The employee was so employed at the Nevada
Test Site or other similar sites located in Nevada
during the period beginning on January 1, 1950, and
ending on December 31, 1993, and, during such
employment--
``(i) was present during an atmospheric or
underground nuclear test or performed
drillbacks, re-entry, or clean-up work
following such a test (without regard to the
duration of employment);
``(ii) was present during an episodic event
involving radiation releases (without regard to
the duration of employment); or
``(iii) was employed at the Nevada Test
Site for a number of work days aggregating at
least 250 work days and was employed in a job
activity that--
``(I) was monitored through the use
of dosimetry badges or bioassays for
exposure to ionizing radiation; or
``(II) worked in a job activity
that is or was, comparable to a job
that is, was, or should have been
monitored for exposure to ionizing
radiation through the use of dosimetry
badges or bioassay.''.
(b) Deadline for Claims Adjudication.--Claims for compensation
under section 3621(14)(C) of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as added by subsection (a), shall be
adjudicated and a final decision issued--
(1) in the case of claims pending as of the date of the
enactment of this Act, not later than 30 days after such date;
and
(2) in the case of claims filed after the date of the
enactment of this Act, not later than 30 days after the date of
such filing. | Nevada Test Site Veterans' Compensation Act of 2006 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to set forth criteria for the inclusion of certain nuclear weapons program workers in the special exposure cohort under the energy employees occupational illness compensation program.
Establishes a deadline for claims adjudication. | A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Goods and Services Tax
Fairness Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Consumers, businesses, and other participants engaged
in electronic commerce may be subject to multiple, confusing,
and burdensome taxation because of inconsistent rules among
thousands of State and local jurisdictions and disparate
treatment of digital goods and digital services.
(2) A consistent framework for taxation is needed that will
not impede electronic commerce and the sale of digital goods
and digital services, by preventing multiple taxation, and
providing greater certainty and simplicity.
(3) Neutrality should guide tax policy and administration
in this area. Transactions involving similar types of goods and
services should be taxed fairly, regardless of the method and
means of distribution, whether through electronic transfer or
through other channels of commerce. New or different taxes on
electronic transactions should be barred.
(4) To ensure neutrality and avoid multiple taxation,
certain rules should be adapted to reflect the unique nature of
electronic commerce and how digital goods and digital services
are provided.
(5) To recognize the critical role that online health,
energy management, and education services will play in our
economy, these services should be exempt from all State and
local taxes.
SEC. 3. MULTIPLE AND DISCRIMINATORY TAXES PROHIBITED.
No State or local jurisdiction shall impose multiple or
discriminatory taxes on or with respect to the sale or use of digital
goods or digital services.
SEC. 4. RETAIL, SOURCING, AND OTHER LIMITATIONS.
(a) Retail Limitation.--Taxes on or with respect to the sale or use
of digital goods or digital services may be imposed only on or with
respect to a sale to, or use by, a customer.
(b) Sourcing Limitation.--
(1) In general.--Taxes on or with respect to the sale or
use of digital goods or digital services may be imposed only by
the State and local jurisdictions whose territorial limits
encompass the customer's tax address. This limitation shall be
deemed satisfied if sourcing is determined by a seller pursuant
to State sourcing rules adopted pursuant to the Streamlined
Sales and Use Tax Agreement.
(2) Tax address.--The customer's tax address shall be--
(A) with respect to digital goods or digital
services that are sold to a customer by a provider of
mobile telecommunications service that is subject to
being sourced under section 117 of title 4 of the
United States Code, and furnished to the customer in
conjunction with such provider's mobile
telecommunications service, the customer's place of
primary use, as defined in section 124 of title 4 of
the United States Code;
(B) if subparagraph (A) does not apply, and if the
digital good or digital service is received by the
customer at a business location of the seller, such
business location;
(C) if neither subparagraph (A) nor subparagraph
(B) applies, and if the location where the digital good
or digital service is received by the customer is known
to the seller, such location;
(D) if none of subparagraphs (A) through (C)
applies, the customer's address that is either known to
the seller or, if not known, obtained by the seller
during the consummation of the transaction, including
the address of the customer's payment instrument if no
other address is available;
(E) if an address is neither known nor obtained as
provided in subparagraph (D), the address of the seller
from which the digital good or digital service was
sold; and
(F) notwithstanding subparagraphs (A) through (E),
for digital goods or digital services that are
delivered to a person other than the customer,
including advertising services, the delivery location
if known or, otherwise, the customer's address
determined under subparagraph (D) or (E).
(c) Limit on Expansive Interpretation.--No tax on or with respect
to the sale or use of tangible personal property, telecommunications
service, Internet access service, or audio or video programming service
may be construed by any regulation, administrative ruling, or
otherwise, to be imposed on or with respect to the sale or use of a
digital good or a digital service. No tax on or with respect to the
sale or use of a digital good may be construed by any regulation,
administrative ruling, or otherwise, to be imposed on or with respect
to the sale or use of a digital service. The limitations provided by
this subsection shall not apply to any construction that was approved
by a judicial determination made on or before June 30, 2010.
(d) Certain Taxes Prohibited.--No tax shall be imposed on or with
respect to the sale or use of digital medical services, digital
education services, or digital energy management services.
SEC. 5. BUNDLED GOODS AND SERVICES.
If charges for digital goods or digital services are aggregated
with, and not separately stated from, charges for other goods or
services, then the charges for digital goods or digital services may be
taxed for purposes of this Act at the same rate and on the same basis
as charges for the other goods or services unless the seller can
reasonably identify the charges for the digital goods or digital
services from its books and records kept in the regular course of
business.
SEC. 6. DEFINITIONS AND OTHER SPECIAL RULES.
For the purposes of this Act, the following definitions and rules
apply:
(1) Customer.--The term ``customer'' means a person that
purchases a digital good or digital service, for a purpose
other than resale. For the purpose of determining a place of
primary use under section 4(b)(2)(A), ``customer'' means the
``end user'', as such term is used in section 124 of title 4 of
the United States Code, of the purchased digital good or
digital service. For purposes of this definition, purchase for
resale includes purchase of a digital good or digital service
for further commercial broadcast, rebroadcast, transmission,
retransmission, licensing, relicensing, reproduction, copying,
distribution, redistribution, or exhibition of the digital good
or digital service, in whole or in part, to another person.
(2) Delivered or transferred electronically.--The term
``delivered or transferred electronically'' means delivered or
transferred to the customer by means other than tangible
storage media. It is not necessary that the product or service
be physically transferred to the customer, provided that the
customer may access or remotely use the product or service.
(3) Digital good and digital service.--The term ``digital
good'' means any good or product that is delivered or
transferred electronically to the customer, including software,
information maintained in digital format, digital audio-visual
works, digital audio works, and digital books; and the term
``digital service'' means any service that is delivered or
transferred electronically to the customer, including the
provision of remote access to or use of a digital good, but the
term ``digital service'' does not include telecommunications
service, Internet access service, or audio or video programming
service. For purposes of this section, ``audio or video
programming'' means programming provided by, or generally
considered comparable to programming provided by, a radio or
television broadcast station. ``Video programming'' shall not
include interactive on-demand services, pay-per-view services,
or services generally considered comparable to such services
regardless of the technology used to provide such services.
(4) Digital education service.--The term ``digital
education service'' means a primary, secondary, undergraduate,
postgraduate, or professional educational service delivered or
transferred electronically to a practitioner or student.
(5) Digital energy management service.--The term ``digital
energy management service'' means a service that utilizes
digital information to manage a customer's energy use, to allow
a customer to respond to energy market information or
circumstances, or to identify customer demand with particular
energy supply.
(6) Digital medical service.--The term ``digital medical
service'' means a health care, health information, or health
education service that is delivered or transferred
electronically to a practitioner, researcher, or patient.
(7) Digital code.--The term ``digital code'' means a code
that conveys to a customer only the right to obtain a digital
good or digital service. A digital code may be obtained by any
means, including by email or by tangible means regardless of
its designation as ``song code'', ``video code'', or ``book
code''. The tax treatment of the sale or use of a digital code
shall be the same as the tax treatment of the digital good or
digital service to which the digital code relates. The sale of
the digital code shall be considered the sale transaction for
purposes of this Act.
(8) Discriminatory tax.--The term ``discriminatory tax''
means any tax imposed by a State or local jurisdiction--
(A) on or with respect to the sale or use of any
digital good or digital service at a higher rate than
is generally imposed on or with respect to the sale or
use of tangible personal property or of similar
services that are not delivered or transferred
electronically;
(B) on or with respect to any seller of digital
goods or digital services at a higher rate or by
incorporating a broader tax base than is generally
imposed on or with respect to sellers in transactions
involving tangible personal property or involving
similar services that are not delivered or transferred
electronically. This provision applies only to the
extent that the higher rate or broader tax base is
attributable to the fact that such person sells digital
goods or digital services; or
(C) that is required to be collected with respect
to the sale or use of digital goods or digital services
by different sellers or under other terms that are
disadvantageous to those applied in taxing the sale or
use of tangible personal property or of similar
services that are not delivered or transferred
electronically.
For purposes of this subsection, all taxes, tax rates,
exemptions, deductions, credits, incentives, exclusions, and
other similar factors shall be taken into account in
determining whether a tax is a discriminatory tax.
(9) Generally imposed.--A tax shall not be considered
``generally imposed'' if it is imposed only on specific
services, specific industries or business segments, or specific
types of property.
(10) Multiple tax.--The term ``multiple tax'' means any tax
with respect to which no credit is given for comparable taxes
paid to other States or local jurisdictions on the same
transaction. Taxes imposed by physically overlapping State or
local jurisdictions shall not be considered to be multiple
taxes by reason of being applied within the overlapping area.
(11) Sale and purchase.--The terms ``sale'' and
``purchase'', and all variations thereof, shall include
``lease'', ``rent'', and ``license'', and corresponding
variations thereof.
(12) Seller.--The term ``seller'' means a person making
sales of tangible personal property, digital goods, digital
services, or other services.
(13) State or local jurisdiction.--The term ``State or
local jurisdiction'' means any of the several States, the
District of Columbia, any territory or possession of the United
States, a political subdivision of any State, territory, or
possession, or any governmental entity or person acting on
behalf of such State, territory, possession, or subdivision and
with the authority to assess, impose, levy, or collect taxes.
(14) Tax.--The term ``tax'' means any charge imposed by any
governmental entity for the purpose of generating revenues for
governmental purposes, including any tax, charge, or fee levied
by a taxing jurisdiction as a fixed charge for each customer or
measured by gross amounts charged to customers, regardless of
whether such tax, charge, or fee is imposed on the vendor or
customer and regardless of the terminology used to describe the
tax, charge, or fee. The term ``tax'' does not include a tax on
or measured by net income or an ad valorem tax.
SEC. 7. FEDERAL JURISDICTION.
Notwithstanding section 1341 of title 28 of the United States Code,
and without regard to the amount in controversy or citizenship of the
parties, a district court of the United States has jurisdiction,
concurrent with other jurisdiction of courts of the United States and
the States, to prevent a violation of this Act.
SEC. 8. REGULATIONS.
The Secretary of Commerce, in consultation with the Secretary of
the Treasury, shall prescribe such regulations as may be necessary or
appropriate to carry out the purposes of this Act. In promulgating any
regulations under this Act, the Secretary shall also seek the
consultation of the Executive Director of the Governing Board of the
Streamlined Sales Tax Project.
SEC. 9. EFFECTIVE DATE; APPLICATION.
(a) General Rule.--This Act shall take effect on the date of the
enactment of this Act.
(b) Application to Liabilities and Pending Cases.--Nothing in this
Act affects liability for taxes accrued and enforced before the date of
enactment of this Act, or affects ongoing litigation relating to such
taxes, except as provided in section 4(c) of this Act.
SEC. 10. SENSE OF THE CONGRESS.
It is the sense of the Congress that each State shall take
reasonable steps necessary to prevent multiple taxation of digital
goods and digital services in situations where a foreign country has
imposed a tax on such goods or services. | Digital Goods and Services Tax Fairness Act of 2010 - Prohibits a state or local jurisdiction from imposing multiple or discriminatory taxes on or with respect to the sale or use of digital goods or services delivered or transferred electronically to a customer.
Restricts taxation of digital goods and services to the retail sale of such goods and services and by the jurisdiction encompassing a customer's tax address.
Prohibits the use of existing regulations or administrative rulings relating to the taxation of tangible personal property or other services to impose any tax on the sale or use of digital goods or services.
Prohibits taxation on or with respect to the sale or use of digital medical, education, or energy management services.
Provides that if charges for digital goods and services are not separately stated from charges for other goods or services, the charges for digital goods and services may be taxed at the same rate and on the same basis as charges for other goods and services unless the seller can reasonably identify the charges for digital goods and services from its business records.
Grants jurisdiction to federal district courts to prevent a violation of this Act.
Expresses the sense of Congress that each state shall take reasonable steps to prevent multiple taxation of digital goods and services where a foreign country has imposed a tax on such goods and services. | To promote neutrality, simplicity, and fairness in the taxation of digital goods and digital services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Act of 2012''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5896. Imposition of tax.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. Windfall Profit on Crude Oil and Refined Petroleum
Products.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
(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 25D the
following new section:
``SEC. 25E. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the cost of any qualified passenger
vehicle purchased by the taxpayer during the taxable year.
``(b) Maximum Credit.--
``(1) In general.--The credit allowed by this section for
the taxable year shall be--
``(A) $3,000 in the case of a qualified passenger
vehicle not described in subparagraph (B) or (C) if the
vehicle's fuel economy is within the 10 percent most
fuel efficient range,
``(B) $4,500 in the case of a qualified passenger
vehicle not described in subparagraph (C) if the
vehicle's fuel economy is within the 5 percent most
fuel efficient range, and
``(C) $6,000 in the case of a qualified passenger
vehicle the fuel economy of which is at least 65 miles
per gallon.
``(2) Determination of ranges.--
``(A) In general.--A vehicle sold during a calendar
year is within the 10 percent most fuel efficient range
if the fuel economy for such vehicle is equal to or
greater than the lowest fuel economy of a vehicle
included in the group consisting of the 10 percent of
the vehicles sold during the preceding calendar year
with the highest fuel economy. A similar rule shall be
applied to determine the 5 percent most fuel efficient
range.
``(B) Separate determination.--The 5 and 10 percent
most fuel efficient ranges shall be determined
separately for--
``(i) trucks and sport utility vehicles as
a group, and
``(ii) other qualified vehicles as a group.
``(C) Ranges to be published before beginning of
year.--Before the beginning of each calendar year, the
Secretary shall publish in the Federal Register the 5
and 10 percent most fuel efficient ranges which apply
for such calendar year. In the case of ranges for
calendar year 2011, such ranges shall be published as
soon as possible.
``(c) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified automobile' means
any automobile (as defined in section 4064(b))--
``(A) which is purchased after the date of the
enactment of this section,
``(B) which is assembled in the United States by
individuals employed under a collective bargaining
agreement,
``(C) the original use of which begins with the
taxpayer,
``(D) substantially all of the use of which is for
personal, nonbusiness purposes, and
``(E) the fuel economy of such automobile is within
the 10 percent most fuel efficient range.
``(2) Fuel economy.--Fuel economy shall be determined in
accordance with section 4064.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b).''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Purchase of fuel-efficient American-made passenger
vehicles.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES.
(a) In General.--The Secretary of Transportation may make grants to
the operator of a mass transit system to assist the operator in
reducing fares paid by passengers using the system.
(b) Use of Grants.--Grants received under the program shall be used
solely for implementing a fare reduction described in subsection (a)
that is applied equally to all passengers using the mass transit
system.
(c) Mass Transit System Defined.--In this section, the term ``mass
transit system'' includes bus and commuter rail systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section in a fiscal year amounts
equivalent to the excess (if any) of--
(1) the revenues received during the preceding fiscal year
pursuant to chapter 56 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and refined petroleum
products), over
(2) the revenue cost for such fiscal year of section 25E of
such Code (relating to purchase of fuel-efficient American-made
passenger vehicles).
Amounts authorized under the preceding sentence shall remain available
until expended.
SEC. 5. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5896 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section. | Gas Price Spike Act of 2012 - Amends the Internal Revenue Code to: (1) impose an excise tax on the windfall profit from the sale of any crude oil, natural gas, or fuel which is the product of crude oil or natural gas; and (2) allow a tax credit for the purchase of certain fuel-efficient automobiles assembled in the United States by individuals employed under a collective bargaining agreement. Defines "windfall profit" as so much of the profit from sales of oil and natural gas as exceeds a reasonable profit. Establishes a Reasonable Profits Board to make reasonable profit determinations for purposes of applying the windfall profit tax.
Authorizes the Secretary of Transportation to make grants to mass transit systems, including bus and commuter rail systems, for reducing passenger fares. | To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to allow an income tax credit for purchases of fuel-efficient passenger vehicles, and to allow grants for mass transit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Excess Litigation Involving
Energy on Federal Lands Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States spends over $1 billion per day to
import crude oil from foreign countries;
(2) such expenditure represents the largest wealth transfer
in history;
(3) the United States has at least 86 billion barrels of
oil and 420 trillion cubic feet of natural gas in the outer
Continental Shelf;
(4) environmental groups have legally challenged every
lease in the Alaskan Outer Continental Shelf in the Chukchi and
Beaufort Seas;
(5) environmental groups have legally challenged the entire
2007-2012 5-year national outer Continental Shelf leasing
program;
(6) such legal challenges significantly delay or ultimately
prevent energy resources from reaching the American public;
(7) these legal challenges come at a high cost to the
American public and the American economy; and
(8) Congress finds that expedited judicial review is
necessary to prevent this gross abuse of the United States
judicial system.
SEC. 3. TIME FOR FILING COMPLAINT.
All causes and claims that arise from any covered energy project
must be filed not later than the end of the 60-day period beginning on
the date of the action or decision by a Federal official that
constitutes the covered energy project concerned. Any cause or claim
not filed within that time period shall be barred.
SEC. 4. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section 3--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 5. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 3 may be
reviewed by no other court except the Supreme Court.
SEC. 6. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 5, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 7. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this Act, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this Act, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 8. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this Act who is not a prevailing party shall
pay to the prevailing parties (including intervening parties), other
than the United States, fees and other expenses incurred by that party
in connection with the judicial review, unless the Court finds that the
position of the person was substantially justified or that special
circumstances make an award unjust.
SEC. 9. EXCLUSION.
This Act shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 10. COVERED ENERGY PROJECT DEFINED.
In this Act, the term ``covered energy project'' means any action
or decision by a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease. | Removing Excess Litigation Involving Energy on Federal Lands Act or RELIEF Act - Requires all causes and claims that arise from a covered energy project to be filed within 60 days after a federal action or decision that constitutes the covered energy project concerned.
(Defines a covered energy project as a federal action or decision concerning the leasing of federal lands, including submerged lands, for the exploration, development, production, processing, or transmission of any source or form of energy, including actions and decisions regarding the selection or offering of federal lands for such leasing.)
Bars any cause or claim that is not filed within such time period. Requires all such proceedings to: (1) be resolved within 180 days after the cause or claim is filed, and (2) take precedence over other pending matters before the district court.
Confers exclusive appellate jurisdiction for such actions upon the U.S. Supreme Court.
Presumes the correctness of any administrative findings and conclusions relating to a challenged federal action under this Act unless the administrative record shows otherwise by clear and convincing evidence. Requires prospective relief to: (1) be narrowly drawn, (2) extend no further than necessary to correct the violation of a federal law requirement, and (3) be the least intrusive means necessary to correct the violation.
Requires a petitioner seeking judicial review of any action, or failure to act, under this Act who is not a prevailing party to pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred in connection with such review, unless the Court finds that the petitioner was either substantially justified or that special circumstances make an award unjust. | To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Modernization Act''.
SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO
SCHOOL LUNCH FACILITIES.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 26 (42 U.S.C. 1769g) the following:
``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS
TO SCHOOL LUNCH FACILITIES.
``(a) Definitions.--In this section:
``(1) Durable equipment.--The term `durable equipment'
means durable food preparation, handling, cooking, serving, and
storage equipment greater than $500 in value.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or a school food
authority administering or operating a school lunch
program;
``(B) a tribal organization; or
``(C) a consortium that includes a local
educational agency or school food authority described
in subparagraph (A), a tribal organization, or both.
``(3) Infrastructure.--The term `infrastructure' means a
food storage facility, kitchen, food service facility,
cafeteria, dining room, or food preparation facility.
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(5) School food authority.--The term `school food
authority' has the meaning given the term in section 210.2 of
title 7, Code of Federal Regulations (or a successor
regulation).
``(6) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(b) Loan Guarantees for Assistance to Schools for Infrastructure
Improvements and Durable Equipment Necessary To Provide Healthy Meals
Through School Lunch Programs.--
``(1) Authority to guarantee loans.--The Secretary shall
issue a loan guarantee to an eligible entity for purposes of
financing the construction, remodeling, or expansion of
infrastructure or the purchase of durable equipment that the
Secretary determines will assist the eligible entity in
providing healthy meals through a school lunch program.
``(2) Competitive basis.--Subject to paragraph (3), the
Secretary shall select eligible entities to receive a loan
guarantee under this subsection on a competitive basis.
``(3) Preferences.--In issuing a loan guarantee under this
subsection, the Secretary shall give a preference to an
eligible entity that, as compared with other eligible entities
seeking a loan guarantee under this subsection, the Secretary
determines demonstrates substantial or disproportionate--
``(A) need for infrastructure improvement; or
``(B) durable equipment need or impairment.
``(4) Oversight.--The Secretary shall establish procedures
to enable the Secretary to oversee the construction,
remodeling, or expansion of infrastructure or the purchase of
durable equipment for which a loan guarantee is issued under
this subsection.
``(5) Guarantee amount.--A loan guarantee issued under this
subsection may not guarantee more than 80 percent of the
principal amount of the loan.
``(6) Fees.--The Secretary shall establish fees with
respect to loan guarantees under this subsection that, as
determined by the Secretary--
``(A) are sufficient to cover all the
administrative costs to the Federal Government for the
operation of the program;
``(B) may be in the form of an application or
transaction fee, or interest rate adjustment; and
``(C) may be based on the risk premium associated
with the loan or loan guarantee, taking into
consideration--
``(i) the price of Treasury obligations of
a similar maturity;
``(ii) prevailing market conditions;
``(iii) the ability of the eligible
infrastructure project to support the loan
guarantee; and
``(iv) the total amount of the loan
guarantee.
``(7) Funding.--
``(A) In general.--To provide loan guarantees under
this subsection, the Secretary shall reserve
$300,000,000 of the loan guarantee authority remaining
and unobligated as of the date of enactment of the
School Food Modernization Act under the program of
community facility guaranteed loans under section
306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.
``(c) Equipment Grants.--
``(1) Authority to make grants.--Beginning in fiscal year
2015 and subject to the availability of appropriations, the
Secretary shall make grants, on a competitive basis, to
eligible entities to assist the eligible entities in purchasing
the durable equipment and infrastructure needed to serve
healthier meals and improve food safety.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) eligible entities in States that have enacted
comparable statutory grant funding mechanisms or that
have otherwise appropriated funds to assist eligible
entities in purchasing the durable equipment and
infrastructure needed to serve healthier meals and
improve food safety, as determined by the Secretary;
and
``(B) eligible entities that have identified and
are reasonably expected to meet an unmet local or
community need, including through--
``(i) a public-private partnership or
partnership with a food pantry or other low-
income assistance agency; or
``(ii) the provision for or allowance of
kitchen or cafeteria usage by related or
outside community organizations.
``(3) Federal share.--
``(A) In general.--The Federal share of costs for
assistance funded through a grant awarded under this
subsection shall not exceed 80 percent of the total
cost of the durable equipment or infrastructure.
``(B) Matching.--As a condition on receiving a
grant under this subsection, an eligible entity shall
provide matching support in the form of cash or in-kind
contributions.
``(C) Waiver.--The Secretary may waive or vary the
requirements of subparagraphs (A) and (B) if the
Secretary determines that undue hardship or effective
exclusion from participation in the grant program under
this subsection would otherwise result.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated such sums as may be necessary to carry out
this subsection for fiscal year 2015 and each
subsequent fiscal year.
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.''.
SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 21 (42 U.S.C. 1769b-1) the following:
``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
``(a) In General.--The Secretary shall carry out a grant program
under which the Secretary shall award grants, on a competitive basis,
to provide support to eligible third-party training institutions
described in subsection (b) to develop and administer training and
technical assistance for school food service personnel to meet updated
nutrition standards under section 4(b)(3) for the school lunch program.
``(b) Criteria for Eligible Third-Party Institutions.--The
Secretary shall establish specific criteria that eligible third-party
training institutions shall meet to qualify to receive grants under
this section, which shall include--
``(1) a demonstrated capacity to administer effective
training and technical assistance programming to school food
service personnel;
``(2) prior, successful experience in providing or engaging
in training and technical assistance programming or applied
research activities involving eligible entities, school food
service administrators, or directors;
``(3) prior, successful experience in developing relevant
educational training tools or course materials or curricula on
topics addressing child and school nutrition or the updated
nutrition standards under section 4(b)(3); and
``(4) the ability to deliver effective and cost-efficient
training and technical assistance programming to school food
service personnel at training sites that are located within a
proximate geographic distance to schools, central kitchens, or
other worksites.
``(c) Program Assistance.--The Secretary shall assist the
institutions receiving grants under this section in publicizing and
disseminating training and other project materials and online tools to
the maximum extent practicable.
``(d) Federal Share.--
``(1) In general.--The Federal share of costs for training
and technical assistance funded through a grant awarded under
this section shall not exceed 80 percent of the total cost of
the training and technical assistance.
``(2) Matching.--As a condition of receiving a grant under
this section, the eligible third-party training institution
shall provide matching support in the form of cash or in-kind
contributions.
``(e) Oversight.--The Secretary shall establish procedures to
enable the Secretary--
``(1) to oversee the administration and operation of
training and technical assistance funded through grants awarded
under this section; and
``(2) to ensure that the training and assistance is
operated consistent with the goals and requirements of this
Act.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section for
fiscal year 2015 and each subsequent fiscal year.
``(2) Technical assistance.--The Secretary may use not more
than 5 percent of the amount made available to carry out this
section for each fiscal year to provide technical assistance to
applicants and prospective applicants in preparing applications
and creating financing packages that leverage a mix of public
and private funding sources.''.
SEC. 4. REPORT TO CONGRESS.
Not later than 1 year after funds are made available to carry out
the amendments made by this Act, and annually thereafter, the Secretary
of Agriculture shall submit to Congress a report on the progress of the
Secretary in implementing the amendments made by this Act. | School Food Modernization Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs) or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school lunch program. Requires the Secretary to give a preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 80% of a loan's principal. Requires the Secretary to establish fees for the loan guarantee program that: (1) are sufficient to cover the federal government's administrative costs in operating the program, and (2) may be based on the risk premium associated with the particular loan or loan guarantee. Directs the Secretary to award competitive matching grants to assist LEAs or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. Requires the Secretary to give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. Prohibits such a grant from covering more than 80% of the total cost of the durable equipment and infrastructure. Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards. Prohibits such a grant from covering more than 80% of the total cost of the training and technical assistance. | School Food Modernization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifetime Prosperity Act of 2005''.
SEC. 2. EXPANSION OF SAVERS CREDIT.
(a) Credit Extended and Made Permanent.--
(1) Permanent extension of credit.--Section 25B of the
Internal Revenue Code of 1986 (relating to elective deferrals
and IRA contributions by certain individuals) is amended by
striking subsection (h).
(2) Sunset made inapplicable.--Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not
apply to the amendments made by section 618 of such Act
(relating to nonrefundable credit to certain individuals for
elective deferrals and IRA contributions).
(b) Expansion of Credit.--Subsections (a) and (b) of section 25B of
such Code are amended to read as follows:
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to 50 percent of the
qualified retirement savings contributions of the eligible individual
for the taxable year.
``(b) Limitation.--
``(1) In general.--The amount allowed as a credit under
subsection (a) for a taxable year shall not exceed the
applicable dollar limit.
``(2) Applicable dollar limit.--For purposes of paragraph
(1)--
``(A) In general.--Except as provided in
subparagraph (B), the applicable dollar limit is--
``(i) in the case of a joint return,
$3,000, and
``(ii) in the case of any other return, 50
percent of the dollar amount applicable for the
taxable year under clause (i).
``(B) Limitation based on adjusted gross income.--
The applicable dollar limit shall be zero in the case
of a taxpayer whose adjusted gross income for the
taxable year exceeds--
``(i) $150,000 in the case of a joint
return, and
``(ii) $95,000 in any other case.
``(3) Inflation adjustment.--In the case of any taxable
year beginning after 2006, the amounts contained in
subparagraph (A)(i) and clauses (i) and (ii) of subparagraph
(B) of paragraph (2) shall each 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) for such calendar year by
substituting `calendar year 2005' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest multiple
of $100.''.
(c) Credit Allowed for Contributions to Roth IRAs for Children.--
(1) In general.--Paragraph (1) of section 25B(d) of such
Code (defining qualified retirement savings contributions) is
amended by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by inserting after subparagraph (C)
the following new subparagraph:
``(D) the amount of contributions made by the
eligible individual to all Roth IRAs for children under
section 408A(g).''.
(2) Limitation.--Paragraph (1) of section 25B(d) of such
Code (defining qualified retirement savings contributions) is
amended by adding at the end the following flush sentence:
``The amount taken into account under subparagraph (D) shall
not exceed the aggregate amount of contributions allowed to all
Roth IRAs of such eligible individual under section 408A(g).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. ROTH IRAS FOR CHILDREN.
(a) In General.--Section 408A of the Internal Revenue Code of 1986
(relating to Roth IRAs) is amended by adding at the end the following
new subsection:
``(g) Special Rules for Roth IRAs for Children.--
``(1) General rule.--A Roth IRA maintained for the benefit
of an individual who has not attained age 25 before the close
of the taxable year shall be maintained under this section, as
modified by this subsection.
``(2) Contribution limits.--
``(A) In general.--For so long as a Roth IRA is
subject to this subsection, contributions to such Roth
IRA shall be subject to this paragraph and not to
subsection (c)(2), and subsection (c)(3) shall not
apply.
``(B) Limit.--The aggregate amount of contributions
for any taxable year to all child Roth IRAs maintained
for the benefit of an individual under this subsection
shall not exceed the maximum amount allowable as a
deduction under subsection (b)(1) of section 219 for
such taxable year (computed without regard to
subsections (b)(1)(B), (d)(1), and (g) of such
section).''.
(b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and
(2)(B) of section 4973(f) of such Code are each amended by striking
``and (c)(3)'' and inserting ``, (c)(3), and (f)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Lifetime Prosperity Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for retirement savings contributions; (2) revise the applicable percentage and dollar limitations for such credit; (3) provide for an inflation adjustment to adjusted gross income limitations applicable to such credit; and (4) allow a tax credit for contributions to Roth IRAs for children (under age 25). | To amend the Internal Revenue Code of 1986 to expand incentives for saving. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis
Research, and Treatment for Women Act'' or the ``HEART for Women Act''.
SEC. 2. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) In General.--The Comptroller General of the United States shall
conduct a study investigating the extent to which sponsors of clinical
studies of investigational drugs, biologics, and devices and sponsors
of applications for approval or licensure of new drugs, biologics, and
devices comply with Food and Drug Administration requirements and
follow guidance for presentation of clinical study safety and
effectiveness data by sex, age, and racial subgroups.
(b) Report by GAO.--
(1) Submission.--Not later than 12 months after the date of
the enactment of this Act, the Comptroller General shall
complete the study under subsection (a) and submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report on the results of such
study.
(2) Contents.--The report required by paragraph (1) shall
include each of the following:
(A) A description of the extent to which the Food
and Drug Administration assists sponsors in complying
with the requirements and following the guidance
referred to in subsection (a).
(B) A description of the effectiveness of the Food
and Drug Administration's enforcement of compliance
with such requirements.
(C) An analysis of the extent to which females,
racial and ethnic minorities, and adults of all ages
are adequately represented in Food and Drug
Administration-approved clinical studies (at all
phases) so that product safety and effectiveness data
can be evaluated by gender, age, and racial subgroup.
(D) An analysis of the extent to which a summary of
product safety and effectiveness data disaggregated by
sex, age, and racial subgroup is readily available to
the public in a timely manner by means of the product
label or the Food and Drug Administration's Website.
(E) Appropriate recommendations for--
(i) modifications to the requirements and
guidance referred to in subsection (a); or
(ii) oversight by the Food and Drug
Administration of such requirements.
(c) Report by HHS.--Not later than 6 months after the submission by
the Comptroller General of the report required under subsection (b),
the Secretary of Health and Human Services shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
response to that report, including a corrective action plan as needed
to respond to the recommendations in that report.
(d) Definitions.--In this section:
(1) The term ``biologic'' has the meaning given to the term
``biological product'' in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
(2) The term ``device'' has the meaning given to such term
in section 201(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(h)).
(3) The term ``drug'' has the meaning given to such term in
section 201(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)).
SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH
CARDIOVASCULAR DISEASES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-5. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN
WITH CARDIOVASCULAR DISEASES.
``Not later than September 30, 2013, and annually thereafter, the
Secretary of Health and Human Services shall prepare and submit to the
Congress a report on the quality of and access to care for women with
heart disease, stroke, and other cardiovascular diseases. The report
shall contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 4. EXTENSION OF WISEWOMAN PROGRAM.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended--
(1) in subsection (a)--
(A) by striking the heading and inserting ``In
General.--''; and
(B) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``purpose'' and inserting the following: ``may
make grants to such States for the purpose''; and
(2) in subsection (d)(1), by striking ``there are
authorized'' and all that follows through the period and
inserting ``there are authorized to be appropriated $23,000,000
for fiscal year 2012, $25,300,000 for fiscal year 2013,
$27,800,000 for fiscal year 2014, $30,800,000 for fiscal year
2015, and $34,000,000 for fiscal year 2016.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - (Sec. 2) Directs to the Comptroller General to study and report to specified congressional committees on the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration (FDA) requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. Requires the Secretary of Health and Human Services (HHS) to submit to such committees a response to the the Comptroller General's report, including a corrective action plan as needed to respond to the recommendations in such report.
(Sec. 3) Amends the Public Health Service Act to require the Secretary to report to Congress on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases, including recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.
(Sec. 4) Expands and reauthorizes appropriations for FY2012-FY2016 for a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. | To amend the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Stopping Adults
Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``Whoever knowingly conducts, or attempts or conspires to conduct,
a financial transaction (as defined in section 1956(c)) in or affecting
interstate or foreign commerce, knowing that such transaction will
facilitate access to, or the possession of, child pornography (as
defined in section 2256) shall be fined under this title or imprisoned
not more than 20 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF
CHILDREN.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and
exploitation of children
``(a) Offense.--Whoever, being an Internet content hosting provider
or email service provider, knowingly engages in any conduct the
provider knows or has reason to believe facilitates access to, or the
possession of, child pornography (as defined in section 2256) shall be
fined under this title or imprisoned not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `Internet content hosting provider' means a
service that--
``(A) stores, through electromagnetic or other
means, electronic data, including the content of web
pages, electronic mail, documents, images, audio and
video files, online discussion boards, and weblogs; and
``(B) makes such data available via the Internet
``(2) the term `email service provider' means a person
that--
``(A) provides a service, using the Internet, for
the transmission, receipt, storage, and retrieval, by
registered users, of electronic mail messages; and
``(B) receives the content of, and recipient list
for, electronic mail messages that it transmits,
receives, or stores for the person or entity procuring
such services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960B. Internet facilitation of child pornography and exploitation of
children''.
SEC. 4. CHILD PORNOGRAPHY REPORTING.
(a) Child Pornography Reporting.--Section 227(b)(4) of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read
as follows:
``(4) Failure to report.--
``(A) Knowing failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who knowingly fails to make
a report under that paragraph shall be fined--
``(i) in the case of an initial failure to
make a report, not more than $150,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $300,000.
``(B) Negligent failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who negligently fails to
make a report under that paragraph shall be subject to
a civil penalty of--
``(i) in the case of an initial failure to
make a report, not more than $50,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $100,000.
``(C) Authority.--For the purposes of this
paragraph, the Federal Communications Commission--
``(i) may levy civil penalties under
subparagraph (B); and
``(ii) shall promulgate regulations, in
consultation with the Attorney General, to--
``(I) effectuate the purposes of
subparagraph (B); and
``(II) provide for appropriate
administrative review of any civil
penalties levied under that
subparagraph.''.
SEC. 5. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) ``1960A (relating to financial facilitation of access
to child pornography), 1960B (relating to Internet facilitation
of child pornography and exploitation of children),'' before
``section 2113''; and
(3) by inserting ``2252A (relating to child pornography),
2260A (relating to increased penalties for registered sex
offenders),'' before ``section 2280''.
SEC. 6. RECORD RETENTION REQUIREMENTS FOR INTERNET SERVICE PROVIDERS.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this section, the Attorney General shall issue regulations
governing the retention of records by Internet Service Providers. Such
regulations shall, at a minimum, require retention of records, such as
the name and address of the subscriber or registered user to whom an
Internet Protocol address, user identification or telephone number was
assigned, in order to permit compliance with court orders that may
require production of such information.
(b) Failure To Comply.--Whoever knowingly fails to retain any
record required under this section shall be fined under title 18,
United States Code, and imprisoned for not more than one year, or both.
SEC. 7. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(e) of title 18, United States Code, is amended--
(1) by striking ``15 years nor more than 30 years'' and
inserting ``20 years or for life''; and
(2) by striking ``not less than 25 years nor more than 50
years,'' and all that follows through ``not less than 35 years
nor more than life.'' and inserting ``life.''.
SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
Section 2252(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years.'' and inserting ``life.''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20
years.'' and inserting ``20 years or for life.''.
SEC. 9. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.
Section 2252A(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years'' and inserting ``life''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20 years''
and inserting ``20 years or for life''.
SEC. 10. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES
CONTAINING SEXUALLY EXPLICIT MATERIAL.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``website'' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol except that the
term does not include any collection of material where access
to sexually explicit material is restricted to a specific set
of individuals through the provision of a password or through
another access restriction mechanism;
(3) the term ``sexually explicit material'' means any
material that depicts sexually explicit conduct (as that term
is defined in subsection (2)(A) of section 2256 of title 18,
United States Code), unless the depiction constitutes a small
and insignificant part of the whole, the remainder of which is
not primarily devoted to sexual matters;
(4) the term ``Internet'' means the combination of computer
facilities and electromagnetic transmission media, and related
equipment and software, comprising the interconnected worldwide
network of computer networks that employ the Transmission
Control Protocol/Internet Protocol or any successor protocol to
transmit information; and
(5) the term ``Internet access service''--
(A) means a service that enables users to access
content, information, electronic mail, or other
services offered over the Internet, and may also
include access to proprietary content, information, and
other services as part of a package of services offered
to consumers; and
(B) does not include telecommunications services.
(b) Labeling Requirement.--Except as provided in subsection (d), no
person who operates a website that is primarily operated for commercial
purposes, in or affecting interstate or foreign commerce, may
knowingly, and with knowledge of the character of the material, place
on that website sexually explicit material, and fail--
(1) to include on each page of the website that contains
sexually explicit material, the marks and notices prescribed by
the Commission under subsection (c); or
(2) to ensure that the matter on the website that is
initially viewable, absent any further actions by the viewer,
does not include any sexually explicit material.
(c) Prescription of Marks and Notices.--Not later than 90 days
after the date of enactment of this Act, the Commission shall, in
consultation with the Attorney General, establish by regulation clearly
identifiable marks or notices to be included in the code, if
technologically feasible, or if not feasible on the pages, of websites
that contain sexually explicit material in order to inform the viewer
of that fact and to facilitate the filtering of such pages.
(d) Inapplicability to Carriers and Other Service Providers.--This
section shall not apply to a person, to the extent that such person
is--
(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
(2) a person engaged in the business of providing an
Internet access service; or
(3) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, and such person's deletion of a particular
communication or material made by another person in a manner
consistent with any applicable law or regulation shall not
constitute selection or alteration of the content of the
communication.
(e) Penalties.--Whoever violates subsection (b)--
(1) shall be fined under title 18, United States Code,
imprisoned not more than 5 years, or both; and
(2) shall be fined under title 18, United States Code, and
imprisoned for not less than 5 years nor more than 15 years, if
such person has a prior conviction under--
(A) this section;
(B) section 1591 or chapter 71, chapter 109A,
chapter 110, or chapter 117 of title 18, United States
Code;
(C) section 920 of title 10, United States Code,
(article 120 of the Uniform Code of Military Justice);
or
(D) the laws of any State relating to--
(i) aggravated sexual abuse, sexual abuse,
or abusive sexual contact involving a minor or
ward;
(ii) the production, possession, receipt,
mailing, sale, distribution, shipment, or
transportation of child pornography; or
(iii) sex trafficking of children.
SEC. 11. ADDITIONAL RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records,'' after ``473
(relating to counterfeiting),''; and
(2) by inserting ``section 666 (relating to theft or
bribery concerning programs receiving Federal funds),'' after
``section 664 (relating to embezzlement from pension and
welfare funds),''.
SEC. 12. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL
INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out the Innocent Images National Initiative, $30,000,000 for each
of the fiscal years 2008 through 2012.
(b) Availability.--Any amounts appropriated pursuant to subsection
(a) shall remain available until expended. | Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007 - Amends the federal criminal code to prohibit: (1) financial transactions in interstate or foreign commerce that facilitate access to, or the possession of, child pornography; and (2) Internet content hosting providers or email service providers from facilitating access to, or the possession of, child pornography.
Amends the Victims of Child Abuse Act of 1990 to: (1) increase monetary penalties for willful failure of electronic communication service providers to report child pornography; and (2) impose new penalties for negligent failure to report.
Requires the Attorney General to issue regulations governing the retention of certain records by Internet Service Providers.
Increases criminal penalties for the sexual exploitation of children and for activities involving the sexual exploitation of children and child pornography.
Requires commercial website operators to place warning marks prescribed by the Federal Trade Commission on web pages that contain sexually explicit materials.
Authorizes appropriations for FY2008-FY2012 for the Innocent Images National Initiative. | To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Dairy Farmer and Rural
Community Rescue Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a Regional Supply
Management Board.
(2) Class i, ii, iii, and iv milk.--The terms ``Class I
milk'', ``Class II milk'', ``Class III milk'', and ``Class IV
milk'' mean milk classified as Class I, II, III, or IV milk,
respectively, under an order.
(3) District.--The term ``District'' means a Regional
Supply Management District.
(4) Eligible producer.--The term ``eligible producer''
means an individual or entity that directly or indirectly has
an interest in the production of milk.
(5) Eligible production.--The term ``eligible production''
means the lesser of--
(A) the quantity of milk produced by an eligible
producer during a month; or
(B) 230,000 pounds per month.
(6) Marketing area.--The term ``marketing area'' means a
marketing area subject to an order.
(7) Order.--The term ``order'' means--
(A) an order issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted
with amendments by the Agricultural Marketing Agreement
Act of 1937; or
(B) a comparable State order, as determined by the
Secretary.
(8) Participating state.--The term ``participating State''
means a State that is participating in the program authorized
by section 3.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) State.--The term `State' means one of the 48
contiguous States of the United States.
(11) Trust fund.--The term ``Trust Fund'' means the
National Dairy Producers Trust Fund.
SEC. 3. NATIONAL COUNTER-CYCLICAL INCOME SUPPORT PROGRAM FOR DAIRY
PRODUCERS.
(a) Income Support for Eligible Producers for Milk Sold to
Processors in Participating States.--During each of calendar years 2003
through 2011, the Secretary shall carry out a program under this
section to support the income of eligible producers for milk sold to
processors in participating States.
(b) Participating States.--
(1) Automatic participation.--Each State shall be a
participant in the program established by the Secretary under
this section unless the State elects to withdrawal from the
program as provided in paragraph (2).
(2) Withdrawal.--For a State to withdraw from participation
in the program under this section, the Governor of the State
(with the concurrence of the legislature of the State) shall
provide written notice to the Secretary of the withdrawal of
the State from participation in the program.
(3) Effective date of withdrawal.--In the case of written
notice submitted by a State during the 180-day period beginning
on the date of the enactment of this Act, the withdrawal of the
State shall take effect on the date on which the notice is
submitted to the Secretary. After the end of such period, the
withdrawal of the State shall take effect on the date that is
one year after the date on which the notice is provided to the
Secretary.
(c) Regional Supply Management Districts.--To carry out this
section, the Secretary shall establish 5 Regional Supply Management
Districts to be composed of the following States, unless and until the
States withdrawal from participation in the program under subsection
(b):
(1) Northeast district.--A Northeast District consisting of
the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, and Vermont.
(2) Southern district.--A Southern District consisting of
the States of Alabama, Arkansas, Florida, Georgia, Kansas,
Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New
Mexico, North Carolina, Oklahoma, South Carolina, Texas,
Tennessee, Virginia, and West Virginia.
(3) Upper midwest district.--An Upper Midwest District
consisting of the States of Illinois, Indiana, Iowa, Michigan,
Minnesota, North Dakota, South Dakota, and Wisconsin.
(4) Intermountain district.--An Intermountain District
consisting of the States of Arizona, Colorado, Idaho, Montana,
Nevada, Utah, and Wyoming.
(5) Pacific district.--A Pacific District consisting of the
States of California, Oregon, and Washington.
(d) Regional Supply Management Boards.--
(1) In general.--Each District shall be administered by a
Regional Supply Management Board.
(2) Composition.--The Board of a District shall be composed
of not less than two, and not more than three, members from
each participating State in the District, appointed by the
Secretary from nominations submitted by the Governor of the
State.
(3) Nominations.--The Governor of a participating State
shall nominate at least five residents of the State to serve on
the Board, of which--
(A) at least one nominee shall be an eligible
producer at the time of nomination; and
(B) at least one nominee shall be a consumer
representative.
(e) National Dairy Producers Trust Fund.--
(1) Establishment and funding.--There is established in the
Treasury of the United States a trust fund to be known as the
National Dairy Producers Trust Fund, which shall consist of--
(A) the payments received by the Secretary and
deposited in the Trust Fund under subsection (g); and
(B) the payments made by the Secretary to the Trust
Fund under subsection (i).
(2) Expenditures.--Amounts in the Trust Fund shall be
available to the Secretary, to the extent provided for in
advance in an appropriations Act, to carry out this section.
(f) Administrative and Increased Food Assistance Costs.--The
Secretary shall use amounts in the Trust Fund to cover--
(1) administrative costs incurred by the Secretary and
Boards in carrying out this section; and
(2) the increased cost of any milk and milk products
provided under any food assistance program administered by the
Secretary that results from carrying out this section.
(g) Payments From Processors to Trust Fund.--
(1) In general.--During any month for which the Secretary
estimates that the average price paid by processors for Class I
milk in a District will not exceed a target price applicable to
that District, each processor in a participating State in the
District that purchases Class I milk from an eligible producer
during the month shall pay to the Secretary for deposit in the
Trust Fund an amount obtained by multiplying--
(A) the payment rate determined under subparagraph
(B); by
(B) the quantity of Class I milk purchased from the
eligible producer during the month.
(2) Payment rate.--The payment rate for a payment made by a
processor that purchases Class I milk in a participating State
in a District under paragraph (1)(A) shall be equal to--
(A) in the case of a marketing area in the
District, the difference between the target price for
that marketing area and the minimum price required to
be paid to eligible producers for Class I milk in that
marketing area; and
(B) in the case of an area in the District not
covered by an order, the difference between the target
price for the area and the minimum price determined by
the Secretary, taking into account the minimum price
referred to in subparagraph (A) in adjacent marketing
areas.
(h) Target Prices.--For purposes of subsection (g), the following
target prices shall be in effect:
(1) $17.50 per hundredweight, in the case of the Northeast
marketing area.
(2) $17.35 per hundredweight, in the case of the
Appalachian marketing area.
(3) $18.25 per hundredweight, in the case of the Florida
marketing area.
(4) $17.35 per hundredweight, in the case of the Southeast
marketing area.
(5) $16.05 per hundredweight, in the case of the Upper
Midwest marketing area.
(6) $16.25 per hundredweight, in the case of the Central
marketing area.
(7) $16.25 per hundredweight, in the case of the Mideast
marketing area.
(8) $16.15 per hundredweight, in the case of the Pacific
Northwest marketing area.
(9) $17.25 per hundredweight, in the case of the Southwest
marketing area.
(10) $16.60 per hundredweight, in the case of the Arizona-
Las Vegas marketing area.
(11) $16.15 per hundredweight, in the case of the Western
marketing area.
(12) In the case of an area not covered by an order, a
price per hundredweight determined by the Secretary, taking
into account the target prices in adjacent marketing areas.
(i) Counter-Cyclical Payments From Secretary to Trust Fund.--
(1) In general.--To the extent provided for in advance in
an appropriations Act, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation
to make a payment each month to the Trust Fund in an amount
determined by multiplying--
(A) the payment rate determined under paragraph
(2); by
(B) the quantity of eligible production of Class
II, Class III, and Class IV milk sold in the various
Districts during the month, as determined by the
Secretary.
(2) Payment rate.--The payment rate for a payment made to
the Trust Fund for a month under paragraph (1)(A) shall equal
25 percent of the difference between--
(A) $13.00 per hundredweight; and
(B) the weighted average of the price received by
producers in each District for Class III milk during
the month, as determined by the Secretary.
(j) Payments From Trust Fund to Boards.--
(1) In general.--The Secretary shall use any amounts in the
Trust Fund that remain after providing the compensation
required under subsection (f) to make monthly payments to
Boards.
(2) Amount.--The amount of a payment made to a Board of a
District for a month under paragraph (1) shall bear the same
ratio to payments made to all Boards for the month as the
eligible production sold in the District during the month bears to
eligible production sold in all Districts.
(3) Payments by boards to producers.--
(A) In general.--With the approval of the
Secretary, a Board of a District shall use payments
received under paragraph (2) to make payments to
eligible producers for eligible production of milk that
is commercially sold in a participating State in the
District.
(B) Supply management.--In carrying out
subparagraph (A), a Board of a District may--
(i) use a portion of the payments described
in subparagraph (A) to provide bonuses or other
incentives to eligible producers for eligible
production to manage the supply of milk
produced in the District; and
(ii) request the Secretary to review a
proposed action under clause (i).
(C) Reimbursement of commodity credit
corporation.--
(i) In general.--If the Secretary
determines that the Commodity Credit
Corporation has incurred additional costs to
carry out the milk price support program as a
result of overproduction of milk due to the
operation of this section in a District, the
Secretary shall require the Board of the
District to reimburse the Commodity Credit
Corporation for the additional costs.
(ii) Board assessment.--The Board of the
District may impose an assessment on the sale
of milk within participating States in the
District to compensate the Commodity Credit
Corporation for the additional costs.
SEC. 4. COUNTER-CYCLICAL PAYMENTS FOR ELIGIBLE PRODUCERS FOR MILK SOLD
TO PROCESSORS IN NONPARTICIPATING STATES.
(a) Payments to Eligible Producers.--To the extent provided for in
advance in an appropriations Act, during each of calendar years 2003
through 2011, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to make payments to an
eligible producer in a District for milk sold to processors in a State
that is not a participating State in an amount determined by
multiplying--
(1) the payment rate determined under subsection (b); by
(2) the payment quantity determined under subsection (c).
(b) Payment Rate.--The payment rate for a payment made to an
eligible producer in a District for a month under subsection (a) shall
equal 25 percent of the difference between--
(1) $13.00 per hundredweight; and
(2) the average price received by producers in the District
for Class III milk during the month, as determined by the
Secretary.
(c) Payment Quantity.--The payment quantity for a payment made to
an eligible producer in a District for a month under subsection (a)
shall be equal to--
(1) the quantity of eligible production of Class II, Class
III, and Class IV milk for the eligible producer during the
month, as determined by the Secretary; less
(2) the quantity of any milk that is sold by the eligible
producer to a processor in a participating State during the
month.
SEC. 5. PAYMENT LIMITATION.
In determining the amount of payments made for eligible production
under this Act, no individual or entity directly or indirectly may be
paid on production in excess of 230,000 pounds of milk per month. | Family Dairy Farmer and Rural Community Rescue Act of 2002 - Directs the Secretary of Agriculture to carry out counter-cyclical income support programs for dairy producers in participating and nonparticipating States through 2011. (Each State to be a participant unless it elects otherwise.) Limits individual or entity payments to 230,000 pounds of milk per month.Provides with respect to the participating State program for: (1) specified marketing area target prices; (2) five regional supply management districts; (3) specified payment rates; and (4) establishment in the Treasury of a National Dairy Producers Trust Fund. | To establish a counter-cyclical income support program for dairy producers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) The No Child Left Behind Act of 2001 represents the
most sweeping revision of education policy in a generation.
(4) The Consolidated Appropriations Act, 2005 (Pub. L. 108-
447) funded the No Child Left Behind Act of 2001 at
$24,500,000,000 ($9,800,000,000 below its 2005 authorized
level), causing 2,400,000 students not to receive the extra
Title I help they were promised.
(5) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(6) The Individuals with Disabilities Education Act
committed the Congress to providing 40 percent of the national
current average per pupil expenditure for special education
students.
(7) The fiscal year Consolidated Appropriations Act, 2005
(Pub. L. 108-447) funded the Individuals with Disabilities
Education Act at $10,700,000,000, representing only 19 percent
of the national current average per pupil expenditure for
special education students and shortchanging 6,700,000 children
with disabilities.
(8) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2006, an amount that equals the
difference between the amount appropriated for fiscal year 2006
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $36,867,000,000;
(2) for fiscal year 2007, an amount that equals the
difference between the amount appropriated for fiscal year 2007
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $39,442,000,000;
(3) for fiscal year 2008, an amount that equals the
difference between the amount appropriated for fiscal year 2008
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $40,428,000,000;
(4) for fiscal year 2009, an amount that equals the
difference between the amount appropriated for fiscal year 2009
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $41,439,000,000;
(5) for fiscal year 2010, an amount that equals the
difference between the amount appropriated for fiscal year 2010
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $42,475,000,000; and
(6) for fiscal year 2011, an amount that equals the
difference between the amount appropriated for fiscal year 2011
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $45,537,000,000.
(b) Use of Funds.--Funds appropriated under subsection (a)--
(1) shall be used to carry out the programs of the
Elementary and Secondary Education Act of 1965, as amended by
the No Child Left Behind Act of 2001; and
(2) shall be allocated among such programs in the same
ratio as funds otherwise appropriated to carry out such
programs.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) In General.--Section 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by the
Individuals with Disabilities Education Improvement Act of 2004 (Public
Law 108-446), is amended to read as follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are authorized to be appropriated,
and there are appropriated--
``(1) $13,200,000,000 for fiscal year 2006;
``(2) $15,700,000,000 for fiscal year 2007;
``(3) $18,200,000,000 for fiscal year 2008;
``(4) $20,700,000,000 for fiscal year 2009;
``(5) $23,200,000,000 for fiscal year 2010;
``(6) $25,700,000,000 for fiscal year 2011; and
``(7) for fiscal year 2012 and each subsequent fiscal year,
the amount that is the total, for all States, of the maximum
amounts described in subsection (a)(2)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2005. | Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA).
Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years.
Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities. | To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institution Digital
and Wireless Technology Opportunity Act of 2005''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting the following after subsection
(f):
``(g) Minority Serving Institution Digital and Wireless Technology
Opportunity Program.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish a Minority Serving Institution
Digital and Wireless Technology Opportunity Program to assist
eligible institutions in acquiring, and augmenting their use
of, digital and wireless networking technologies to improve the
quality and delivery of educational services at eligible
institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation,
networking capability, hardware and software, digital
network technology, wireless technology, and
infrastructure to further the objective of the Program
described in paragraph (1);
``(B) to develop and provide training, education,
and professional development programs, including
faculty development, to increase the use of, and
usefulness of, digital and wireless networking
technology;
``(C) to provide teacher education, including the
provision of preservice teacher training and in-service
professional development at eligible institutions,
library and media specialist training, and preschool
and teacher aid certification to individuals who seek
to acquire or enhance technology skills in order to use
digital and wireless networking technology in the
classroom or instructional process, including
instruction in science, mathematics, engineering, and
technology subjects;
``(D) to obtain capacity-building technical
assistance, including through remote technical support,
technical assistance workshops, and distance learning
services; and
``(E) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics,
engineering, and technology instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a
grant, cooperative agreement, or contract under this
subsection, an eligible institution shall submit an
application to the Under Secretary at such time, in
such manner, and containing such information as the
Under Secretary may require. Such application, at a
minimum, shall include a description of how the funds
will be used, including a description of any digital
and wireless networking technology to be acquired, and
a description of how the institution will ensure that
digital and wireless networking will be made accessible
to, and employed by, students, faculty, and
administrators. The Under Secretary, consistent with
subparagraph (C) and in consultation with the advisory
council established under subparagraph (B), shall
establish procedures to review such applications. The
Under Secretary shall publish the application
requirements and review criteria in the Federal
Register, along with a statement describing the
availability of funds.
``(B) Advisory council.--The Under Secretary shall
establish an advisory council to advise the Under
Secretary on the best approaches to encourage maximum
participation by eligible institutions in the program
established under paragraph (1), and on the procedures
to review proposals submitted to the program. In
selecting the members of the advisory council, the
Under Secretary shall consult with representatives of
appropriate organizations, including representatives of
eligible institutions, to ensure that the membership of
the advisory council includes representatives of
minority businesses and eligible institution
communities. The Under Secretary shall also consult
with experts in digital and wireless networking
technology to ensure that such expertise is represented
on the advisory council.
``(C) Review panels.--Each application submitted
under this subsection by an eligible institution shall
be reviewed by a panel of individuals selected by the
Under Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible
institution can effectively and successfully utilize
the proposed grant, cooperative agreement, or contract
to carry out the program described in paragraph (1).
The Under Secretary shall ensure that the review panels
include representatives of minority serving
institutions and others who are knowledgeable about
eligible institutions and technology issues. The Under
Secretary shall ensure that no individual assigned
under this subsection to review any application has a
conflict of interest with regard to that application.
The Under Secretary shall take into consideration the
recommendations of the review panel in determining
whether to award a grant, cooperative agreement, or
contract to an eligible institution.
``(D) Information dissemination.--The Under
Secretary shall convene an annual meeting of eligible
institutions receiving grants, cooperative agreements,
or contracts under this subsection to foster
collaboration and capacity-building activities among
eligible institutions.
``(E) Matching requirement.--The Under Secretary
may not award a grant, cooperative agreement, or
contract to an eligible institution under this
subsection unless such institution agrees that, with
respect to the costs incurred by the institution in
carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the
grant, cooperative agreement, or contract awarded by
the Under Secretary, or $500,000, whichever is the
lesser amount. The Under Secretary shall waive the
matching requirement for any institution or consortium
with no endowment, or an endowment that has a current
dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution
that receives a grant, cooperative agreement,
or contract under this subsection that exceeds
$2,500,000 shall not be eligible to receive
another grant, cooperative agreement, or
contract.
``(ii) Consortia.--Grants, cooperative
agreements, and contracts may only be awarded
to eligible institutions. Eligible institutions
may seek funding under this subsection for
consortia which may include other eligible
institutions, a State or a State education
agency, local education agencies, institutions
of higher education, community-based
organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(iii) Planning grants.--The Under
Secretary may provide funds to develop
strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In
awarding grants, cooperative agreements, and
contracts to eligible institutions, the Under
Secretary shall ensure, to the extent
practicable, that awards are made to all types
of institutions eligible for assistance under
this subsection.
``(v) Need.--In awarding funds under this
subsection, the Under Secretary shall give
priority to the institution with the greatest
demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from
recipients.--Each institution that receives a
grant, cooperative agreement, or contract
awarded under this subsection shall provide an
annual report to the Under Secretary on its use
of the grant, cooperative agreement, or
contract.
``(ii) Independent assessment.--Not later
than 6 months after the date of enactment of
this subsection, the Under Secretary shall
enter into a contract with the National Academy
of Public Administration to conduct periodic
assessments of the program. The Assessments
shall be conducted once every 3 years during
the 10-year period following the enactment of
this subsection. The assessments shall include
an evaluation of the effectiveness of the
program in improving the education and training
of students, faculty and staff at eligible
institutions that have been awarded grants,
cooperative agreements, or contracts under the
program; an evaluation of the effectiveness of
the program in improving access to, and
familiarity with, digital and wireless
networking technology for students, faculty,
and staff at all eligible institutions; an
evaluation of the procedures established under
paragraph (3)(A); and recommendations for
improving the program, including
recommendations concerning the continuing need
for Federal support. In carrying out its
assessments, the National Academy of Public
Administration shall review the reports
submitted to the Under Secretary under clause
(i).
``(iii) Report to congress.--Upon
completion of each independent assessment
carried out under clause (ii), the Under
Secretary shall transmit the assessment to
Congress along with a summary of the Under
Secretary's plans, if any, to implement the
recommendations of the National Academy of
Public Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking
technology.--The term `digital and wireless
networking technology' means computer and
communications equipment and software that
facilitates the transmission of information in
a digital format.
``(ii) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(I) a historically Black college
or university that is a part B
institution, as defined in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)), an
institution described in section
326(e)(1)(A), (B), or (C) of that Act
(20 U.S.C. 1063b(e)(1)(A), (B), or
(C)), or a consortium of institutions
described in this subparagraph;
``(II) a Hispanic-serving
institution, as defined in section
502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
``(III) a tribally controlled
college or university, as defined in
section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C.
1059c(b)(3));
``(IV) an Alaska Native-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher
education (as defined in section 365 of
the Higher Education Act of 1965 (20
U.S.C. 1067k)) with an enrollment of
needy students (as defined in section
312(d) of the Higher Education Act of
1965 (20 U.S.C. 1058(d)).
``(iii) Institution of higher education.--
The term `institution of higher education' has
the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
``(iv) Local educational agency.--The term
`local educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term
`minority business' includes HUBZone small
business concerns (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p)).
``(vi) Minority individual.--The term
`minority individual' means an American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto
Rican, Cuban and Central or South American
origin), or Pacific Islander individual.
``(vii) State.--The term `State' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(viii) State educational agency.--The
term `State educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Technology
Administration of the Department of Commerce to carry out section 5(g)
of the Stevenson-Wydler Technology Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2006;
(2) $250,000,000 for fiscal year 2007;
(3) $250,000,000 for fiscal year 2008;
(4) $250,000,000 for fiscal year 2009; and
(5) $250,000,000 for fiscal year 2010. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible educational institutions in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions. Defines as eligible institutions: (1) historically Black colleges or universities, (2) a Hispanic-, Alaskan Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution with a sufficient enrollment of needy students as defined under the Higher Education Act of 1965. Outlines authorized assistance activities. Directs the Under Secretary of Commerce for Technology to: (1) establish an advisory council to advise on the best approaches toward maximum Program participation by eligible institutions; and (2) ensure that grant awards are made to all types of eligible institutions.
Provides a matching funds requirement. Limits grant awards to $2.5 million per institution. Requires: (1) each grant recipient to report annually to the Under Secretary on grant uses; (2) the National Academy of Public Administration to conduct periodic assessments (every three years) of the grant program; and (3) the Under Secretary to transmit such assessments to Congress, along with plans to implement any recommendations of the Academy.
Authorizes appropriations for FY2006-FY2010. | To establish a digital and wireless network technology program, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Congressional
Hunger Fellows Act of 1997''.
(b) Findings.--The Congress finds as follows:
(1) There is a critical need for compassionate individuals
who are committed to assisting people who suffer from hunger as
well as a need for such individuals to initiate and administer
solutions to the hunger problem.
(2) Bill Emerson, the distinguished late Representative
from the 8th District of Missouri, demonstrated his commitment
to solving the problem of hunger in a bipartisan manner, his
commitment to public service, and his great affection for the
institution and the ideals of the United States Congress.
(3) George T. (Mickey) Leland, the distinguished late
Representative from the 18th District of Texas, demonstrated
his compassion for those in need, his high regard for public
service, and his lively exercise of political talents.
(4) The special concern that Mr. Emerson and Mr. Leland
demonstrated during their lives for the hungry and poor was an
inspiration for others to work toward the goals of equality and
justice for all.
(5) These two outstanding leaders maintained a special bond
of friendship regardless of political affiliation and worked
together to encourage future leaders to recognize and provide
service to others, and therefore it is especially appropriate
to honor the memory of Mr. Emerson and Mr. Leland by creating a
fellowship program to develop and train the future leaders of
the United States to pursue careers in humanitarian service.
SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES.
(a) In General.--There is established as an independent entity of
the executive branch of the United States Government, the Congressional
Hunger Fellows Program (hereinafter in this Act referred to as the
``Program'').
(b) Board of Trustees.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(1) Appointment.--The Board shall be composed of 7 voting
members appointed under subparagraph (A) and 1 nonvoting ex
officio member designated in subparagraph (B) as follows:
(A) Voting members.--(i) The President in
consultation with the Speaker of the House of
Representatives and the minority leader, shall appoint
4 members.
(ii) The President in consultation with the
majority leader and the minority leader of the Senate
shall appoint 2 members.
(iii) The President in consultation with the
Secretary of Agriculture shall appoint 1 member.
(B) Nonvoting member.--The Executive Director of
the Program shall serve as a nonvoting ex officio
member.
(2) Terms.--Members of the Board shall serve a term of 4
years.
(3) Vacancy.--
(A) Authority of board.--A vacancy in the
membership of the Board does not affect the power of
the remaining members to carry out this Act.
(B) Appointment of successors.--A vacancy in the
membership of the Board shall be filled in the manner
in which the original appointment was made.
(C) Incomplete term.--If a member of the Board does
not serve the full term applicable to the member, the
individual appointed to fill the resulting vacancy
shall be appointed for the remainder of the term of the
predecessor of the individual.
(4) Chairperson.--As the first order of business of the
first meeting of the Board, the members shall elect a
Chairperson.
(5) Compensation.--
(A) In general.--Subject to subparagraph (B),
members of the Board may not receive compensation for
service on the Board.
(B) Travel.--Members of the Board may be reimbursed
for travel, subsistence, and other necessary expenses
incurred in carrying out the duties of the Program.
SEC. 3. PURPOSES; AUTHORITY OF PROGRAM.
(a) Purposes.--The purposes of the Program are--
(1) to encourage future leaders of the United States--
(A) to pursue careers in humanitarian service;
(B) to recognize the needs of people who are hungry
and poor; and
(C) to provide assistance and compassion for those
in need;
(2) to increase awareness of the importance of public
service; and
(3) to provide training and development opportunities for
such leaders.
(b) Authority.--The Program is authorized to develop such
fellowships, activities, and services to carry out the purposes of this
Act, including the fellowships described in subsection (c).
(c) Fellowships.--
(1) In general.--The Program shall establish and develop
the following fellowships:
(A) The Bill Emerson Hunger Fellowship shall
address domestic hunger and other humanitarian needs.
(B) The Mickey Leland Hunger Fellowship shall
address international hunger and other humanitarian
needs.
(2) Curriculum.--The fellowships established under
paragraph (1) shall provide education and training to develop
the skills and understanding of the fellows necessary to
improve the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(A) training in direct service to the hungry in
conjunction with community based organizations through
a program of field placement; and
(B) experience in policy development through
placement in a governmental entity or nonprofit
organization.
(3) Evaluation.--The Program shall from time to time
conduct an evaluation of the fellowships under this Act.
SEC. 4. TERMS OF FELLOWSHIPS.
(a) Period of Fellowship.--An applicant selected under subsection
(b) shall be awarded a fellowship for a period not to exceed 12 months.
(b) Selection of Fellows.--
(1) In general.--A fellowship shall be awarded pursuant to
a nationwide competition established by the Executive Director
with the approval of a majority of the Board. The Executive
Director shall establish the procedure for the competition
process.
(2) Qualification.--A successful applicant shall be an
individual who has demonstrated--
(A) a desire to pursue a career in humanitarian
service; and
(B) outstanding potential for such a career.
(3) Amount of award.--The Board shall determine the amount
of an educational award and living allowance that a successful
applicant will receive under a fellowship.
(4) Recognition of fellowship receipt.--
(A) A recipient of a fellowship from the Bill
Emerson Hunger Fellowship shall be known as an
``Emerson Fellow''.
(B) A recipient of a fellowship from the Mickey
Leland Hunger Fellowship shall be known as a ``Leland
Fellow''.
SEC. 5. TRUST FUND.
(a) Establishment.--There is established the Congressional Hunger
Fellows Trust Fund (hereinafter in this Act referred to as the
``Fund'') in the Treasury of the United States, consisting of amounts
appropriated to the Fund under section 8(a), amounts credited to it
under subsection (c), and amounts received under section 7(c)(2).
(b) Investment of Funds.--The Secretary of the Treasury shall
invest the full amount of the Fund. Each investment shall be made in an
interest bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that, as
determined by the Secretary in consultation with the Board, has a
maturity suitable for the Fund.
(c) Return on Investment.--Except as provided in section 6(a), the
Secretary of the Treasury shall credit to the Fund the interest on, and
the proceeds from sale or redemption of, obligations held in the Fund.
SEC. 6. EXPENDITURES; AUDIT.
(a) In General.--The Secretary of the Treasury shall transfer to
the Program from the amounts described in section 5(c) and section
7(c)(2) such sums as the Board determines are necessary to enable the
Program to carry out the provisions of this Act.
(b) Limitation.--The Secretary may not transfer to the Program the
amounts appropriated to the Fund under section 8(a).
(c) Audit by GAO.--
(1) In general.--The Comptroller General of the United
States shall conduct an annual audit of the accounts of the
Program.
(2) Books.--The Program shall make available to the
Comptroller General all books, accounts, financial records,
reports, files, and all other papers, things, or property
belonging to or in use by the Program and necessary to
facilitate such audit.
(3) Report to congress.--The Comptroller General shall
submit a copy of the results of each such audit to the
Congress.
SEC. 7. STAFF; POWERS OF PROGRAM.
(a) Executive Director.--
(1) In general.--The Board shall appoint an Executive
Director of the Program who shall be a nonvoting member of the
Board and who shall administer the Program. The Executive
Director shall carry out such other functions consistent with
the provisions of this Act as the Board shall prescribe.
(2) Restriction.--The Executive Director may not serve as
Chairperson of the Board.
(3) Compensation.--The Executive Director shall be paid at
a rate not to exceed the rate of basic pay payable for level
GS-15 of the General Schedule.
(b) Staff.--
(1) In general.--With the approval of a majority of the
Board, the Executive Director may appoint and fix the pay of
additional personnel as the Executive Director considers
necessary and appropriate to carry out the functions of the
provisions of this Act.
(2) Compensation.--An individual appointed under paragraph
(1) shall be paid at a rate not to exceed the rate of basic pay
payable for level GS-15 of the General Schedule.
(c) Powers.--In order to carry out the provisions of this Act, the
Program may perform the following functions:
(1) Gifts.--The Program may accept, use, and dispose of
gifts, bequests, or devises of services or property, both real
and personal, for the purpose of aiding or facilitating the
work of the Program. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Fund and shall
be available for disbursement upon order of the Board.
(2) Experts and consultants.--The Program may procure
temporary and intermittent services under section 3109 of title
5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for GS-15 of the General Schedule.
(3) Contract authority.--The Program may contract with and
compensate government and private agencies or persons without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(4) Other necessary expenditures.--The Program shall make
such other expenditures which the Program considers necessary
to carry out the provisions of this Act.
SEC. 8. TRANSFER OF FUNDS; REPORT.
(a) Transfer of Funds.--The Secretary of Agriculture shall transfer
$20,000,000 from the surplus funds available under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c).
(b) Report.--Not later than December 31 of each year, the Board
shall submit to Secretary of Agriculture and to Congress a report on
the activities of the Program carried out during the previous fiscal
year. | Congressional Hunger Fellows Act of 1997 - Establishes as an independent entity within the executive branch the Congressional Hunger Fellows Program to establish fellowships to develop and train individuals for careers in humanitarian service. Establishes a Board of Trustees to supervise and direct the Program.
Limits fellowship periods to 12 months.
Establishes the Congressional Hunger Fellows Trust Fund for the deposit and receipt of Program funds. Requires an annual audit of Program accounts.
Requires the Board to appoint a Program Executive Director.
Directs the Secretary of Agriculture to transfer to the Program a specified amount of the surplus funds available for encouraging exportation and domestic consumption of agricultural products.
Requires the Board to report annually to the Secretary and the Congress on Program activities. | Congressional Hunger Fellows Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Tourism and
Improving Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance and integrate Native American tourism--
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism Strategy;
(2) to increase coordination and collaboration between Federal
tourism assets to support Native American tourism and bolster
recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities in
the United States to spur economic development, create jobs, and
increase tourism revenues;
(4) to enhance and improve self-determination and self-
governance capabilities in the Native American community and to
promote greater self-sufficiency;
(5) to encourage Indian tribes, tribal organizations, and
Native Hawaiian organizations to engage more fully in Native
American tourism activities to increase visitation to rural and
remote areas in the United States that are too difficult to access
or are unknown to domestic travelers and international tourists;
(6) to provide grants, loans, and technical assistance to
Indian tribes, tribal organizations, and Native Hawaiian
organizations that will--
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American
communities; and
(7) to support the development of technologically innovative
projects that will incorporate recreational travel and tourism
information and data from Federal assets to improve the visitor
experience.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 551 of title 5, United States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian organization.--The term ``Native Hawaiian
organization'' means a nonprofit organization--
(A) that serves the interests of Native Hawaiians;
(B) in which Native Hawaiians serve in substantive and
policymaking positions; and
(C) that is recognized for having expertise in Native
Hawaiian culture and heritage, including tourism.
(4) Tribal organization.--The term ``tribal organization'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN NATIVE TOURISM
OPPORTUNITIES.
(a) Secretary of Commerce and Secretary of the Interior.--The
Secretary of Commerce and the Secretary of the Interior shall update
the respective management plans and tourism initiatives of the
Department of Commerce and the Department of the Interior to include
Indian tribes, tribal organizations, and Native Hawaiian organizations.
(b) Other Agencies.--The head of each agency that has recreational
travel or tourism functions or complementary programs shall update the
respective management plans and tourism strategies of the agency to
include Indian tribes, tribal organizations, and Native Hawaiian
organizations.
(c) Native American Tourism Plans.--
(1) In general.--The plans shall outline policy proposals--
(A) to improve travel and tourism data collection and
analysis;
(B) to increase the integration, alignment, and utility of
public records, publications, and Web sites maintained by
Federal agencies;
(C) to create a better user experience for domestic
travelers and international visitors;
(D) to align Federal agency Web sites and publications;
(E) to support national tourism goals;
(F) to identify agency programs that could be used to
support tourism capacity building and help sustain tourism
infrastructure in Native American communities;
(G) to develop innovative visitor portals for parks,
landmarks, heritage and cultural sites, and assets that
showcase and respect the diversity of the indigenous peoples of
the United States;
(H) to share local Native American heritage through the
development of bilingual interpretive and directional signage
that could include or incorporate English and the local Native
American language or languages; and
(I) to improve access to transportation programs related to
Native American community capacity building for tourism and
trade, including transportation planning for programs related
to visitor enhancement and safety.
(2) Consultation with indian tribes and native americans.--In
developing the plan under paragraph (1), the head of each agency
shall consult with Indian tribes and the Native American community
to identify appropriate levels of inclusion of the Indian tribes
and Native Americans in Federal tourism activities, public records
and publications, including Native American tourism information
available on Web sites.
(d) Technical Assistance.--
(1) In general.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, shall enter into a memorandum of
understanding or cooperative agreement with an entity or
organization with a demonstrated record in tribal communities of
defining, introducing, developing, and sustaining American Indian,
Alaska Native, and Native Hawaiian tourism and related activities
in a manner that respects and honors native traditions and values.
(2) Coordination.--The memorandum of understanding or
cooperative agreement described in paragraph (1) shall formalize a
role for the organization or entity to serve as a facilitator
between the Secretary of the Interior and the Secretary of Commerce
and the Indian tribes, tribal organizations, and Native Hawaiian
organizations--
(A) to identify areas where technical assistance is needed
through consultations with Indian tribes, tribal organizations,
and Native Hawaiian organizations to empower the Indian tribes,
tribal organizations, and Native Hawaiian organizations to
participate fully in the tourism industry; and
(B) to provide a means for the delivery of technical
assistance and coordinate the delivery of the assistance to
Indian tribes, tribal organizations, and Native Hawaiian
organizations in collaboration with the Secretary of the
Interior, the Secretary of Commerce, and other entities with
distinctive experience, as appropriate.
(3) Funding.--Subject to the availability of appropriations,
the head of each Federal agency, including the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary of
Health and Human Services, and the Secretary of Labor shall
obligate any funds made available to the head of the agency to
cover any administrative expenses incurred by the organization or
entity described in paragraph (1) in carrying out programs or
activities of the agency.
(4) Metrics.--The Secretary of the Interior and the Secretary
of Commerce shall coordinate with the organization or entity
described in paragraph (1) to develop metrics to measure the
effectiveness of the entity or organization in strengthening
tourism opportunities for Indian tribes, tribal organizations, and
Native Hawaiian organizations.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and occasionally thereafter, the Secretary of the Interior
and the Secretary of Commerce shall each submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report that describes--
(1) the manner in which the Secretary of the Interior or the
Secretary of Commerce, as applicable, is including Indian tribes,
tribal organizations, and Native Hawaiian organizations in
management plans;
(2) the efforts of the Secretary of the Interior or the
Secretary of Commerce, as applicable, to develop departmental and
agency tourism plans to support tourism programs of Indian tribes,
tribal organizations, and Native Hawaiian organizations;
(3) the manner in which the entity or organization described in
subsection (d)(1) is working to promote tourism to empower Indian
tribes, tribal organizations, and Native Hawaiian organizations to
participate fully in the tourism industry; and
(4) the effectiveness of the entity or organization described
in subsection (d)(1) based on the metrics developed under
subsection (d)(4).
SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT.
(a) In General.--The head of each agency shall--
(1) take actions that help empower Indian tribes, tribal
organizations, and Native Hawaiian organizations to showcase the
heritage, foods, traditions, history, and continuing vitality of
Native American communities;
(2) support the efforts of Indian tribes, tribal organizations,
and Native Hawaiian organizations--
(A) to identify and enhance or maintain traditions and
cultural features that are important to sustain the
distinctiveness of the local Native American community; and
(B) to provide visitor experiences that are authentic and
respectful;
(3) provide assistance to interpret the connections between the
indigenous peoples of the United States and the national identity
of the United States;
(4) enhance efforts to promote understanding and respect for
diverse cultures and subcultures in the United States and the
relevance of those cultures to the national brand of the United
States; and
(5) enter into appropriate memoranda of understanding and
establish public-private partnerships to ensure that arriving
domestic travelers at airports and arriving international visitors
at ports of entry are welcomed in a manner that both showcases and
respects the diversity of Native American communities.
(b) Grants.--To the extent practicable, grant programs relating to
travel, recreation, or tourism administered by the Commissioner of the
Administration for Native Americans, Chairman of the National Endowment
for the Arts, Chairman of the National Endowment for the Humanities, or
the head of an agency with assets or resources relating to travel,
recreation, or tourism promotion or branding enhancement for which
Indian tribes, tribal organizations, or Native Hawaiian organizations
are eligible may be used--
(1) to support the efforts of Indian tribes, tribal
organizations, and Native Hawaiian organizations to tell the story
of Native Americans as the First Peoples of the United States;
(2) to use the arts and humanities to help revitalize Native
communities, promote economic development, increase livability, and
present the uniqueness of the United States to visitors in a way
that celebrates the diversity of the United States; and
(3) to carry out this section.
(c) Smithsonian.--The Advisory Council and the Board of Regents of
the Smithsonian Institution shall work with Indian tribes, tribal
organizations, Native Hawaiian organizations, and nonprofit
organizations to establish long-term partnerships with non-Smithsonian
museums and educational and cultural organizations--
(1) to share collections, exhibitions, interpretive materials,
and educational strategies; and
(2) to conduct joint research and collaborative projects that
would support tourism efforts for Indian tribes, tribal
organizations, and Native Hawaiian organizations and carry out the
intent of this section.
SEC. 6. EFFECT.
Nothing in this Act alters, or demonstrates congressional support
for the alteration of, the legal relationship between the United States
and any American Indian, Alaska Native, or Native Hawaiian individual,
group, organization, or entity.
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 April 25, 2016. Native American Tourism and Improving Visitor Experience Act or the NATIVE Act (Sec. 4) This bill requires the Department of Commerce, the Department of the Interior, and federal agencies with recreational travel or tourism functions to update their management plans and tourism initiatives to include Indian tribes, tribal organizations, and Native Hawaiian organizations. The plans must outline proposals to: improve travel and tourism data collection and analysis, increase the usability of public information and federal websites, support national tourism goals, identify programs that could support tourism infrastructure in Native American communities, develop visitor portals and assets that showcase and respect the diversity of Native Americans, share local Native American heritage through the development of bilingual signage, and improve access to transportation programs for building capacity for Native American community tourism and trade. Interior and Commerce must: (1) work with a facilitator to provide technical assistance to Indian tribes, tribal organizations, and Native Hawaiian organizations regarding participation in the tourism industry, and (2) report on departmental efforts supporting such participation. (Sec. 5) Federal agencies must: (1) support Indian tribes, tribal organizations, and Native Hawaiian organizations in showcasing their history, culture, and continuing vitality, enhancing or maintaining their distinctive cultural features, and providing authentic and respectful visitor experiences; (2) assist in interpreting the connections between Native Americans and the national identity of the United States; (3) enhance efforts to promote understanding and respect for diverse cultures in the United States and the relevance of those cultures; and (4) ensure that travelers at airports and ports of entry are welcomed in a manner that both showcases and respects the diversity of Native American communities. Grants relating to travel, recreation, or tourism for which Indian tribes, tribal organizations, or Native Hawaiian organizations are eligible may be used to: (1) support their efforts to present their story and culture, (2) revitalize Native American communities using the arts and humanities, and (3) carry out this Act. The Smithsonian Institution must work with Indian tribes, tribal organizations, Native Hawaiian organizations, and nonprofits to share collections and conduct joint research and projects with museums, educational organizations, and cultural organizations. | NATIVE Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Computer Recycling Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cathode ray tube'' means a vacuum tube or
picture tube used to convert an electronic signal into a visual
image.
(3) The term ``central processing unit'' includes a case
and all of its contents, such as the primary printed circuit
board and its components, additional printed circuit boards,
one or more disc drives, a transformer, interior wire, and a
power cord.
(4) The term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions,
and may include both a central processing unit and a monitor,
but such term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other similar
device.
(5) The term ``hazardous waste'' has the meaning given that
term in section 1004(5) of the Solid Waste Disposal Act (42
U.S.C. 6903).
(6) The term ``monitor'' means a separate visual display
component of a computer, whether sold separately or together
with a central processing unit, and includes a cathode ray tube
or liquid crystal display, its case, interior wires and
circuitry, cable to the central processing unit, and power
cord.
(7) The term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
SEC. 3. FEE.
(a) Requirement.--Effective 180 days after the transmittal to the
Congress of the results of the study conducted under section 6(a), the
Administrator shall require that a fee be assessed on the sale
(including a sale through the Internet or a catalogue) to an end-user
of any computer, monitor, or other electronic device designated by the
Administrator under subsection (c). The Administrator shall establish
procedures for the collection of such fee. The requirement under this
subsection shall not apply to a sale by an end-user to a subsequent
end-user.
(b) Fee Amount.--The amount of the fee required under subsection
(a) shall--
(1) be an amount sufficient to cover the costs of carrying
out section 4(a) and subsection (c) of this section;
(2) be uniform--
(A) for each computer with a central processing
unit and monitor integrated in a single device;
(B) for each central processing unit;
(C) for each monitor; and
(D) for each class of other devices designated by
the Administrator under subsection (c);
(3) not exceed $10 per computer, monitor, or other
designated device; and
(4) be clearly indicated on the label, external packing
materials, or sales receipt of the computer, monitor, or
device.
(c) Administrative Costs.--Persons required by the Administrator to
collect a fee under this section may retain 3 percent of amounts so
collected to pay the costs of administering the fee collection program.
(d) Exempted Sales.--The requirement of a fee under this section
shall not apply to a sale of a used computer, monitor, or device by a
nonprofit organization.
(e) Additional Exemption.--The Administrator may exempt from the
requirement of a fee under this section any sale made under a contract
or an arrangement that the Administrator determines is likely to result
in the maximum reuse of significant components of the computer,
monitor, or device, and the disposal of the remaining components--
(1) in an environmentally sound and responsible manner;
(2) without violation of any Federal or State law; and
(3) without reliance on funding from State or local
governments,
when the computer, monitor, or device is no longer of use to the end-
user.
(f) Designation of Electronic Devices.--The Administrator may
designate additional electronic devices to which the fee under
subsection (a) shall apply if those electronic devices--
(1) contain a significant amount of material that, when
disposed of, would be hazardous waste; and
(2) include one or more liquid crystal displays, cathode
ray tubes, or circuit boards.
SEC. 4. GRANTS.
(a) Uses of Fee Amounts.--Amounts collected under section 3 shall
be used, to the extent provided in advance in appropriations Acts, by
the Administrator for--
(1) covering the costs of administration of this Act; and
(2) making grants under subsection (b).
Not more than 10 percent of the funds available pursuant to this Act
for any fiscal year may be used for costs described in paragraph (1).
(b) Grant Purposes.--The Administrator shall make grants with funds
collected under section 3 to individuals or organizations (including
units of local government) for--
(1) collecting or processing used computers, monitors, or
other designated devices for recycling purposes;
(2) reusing or reselling such computers, monitors, or
devices, or components thereof; and
(3) extracting and using, or selling for reuse, raw
materials from such computers, monitors, or devices.
(c) Eligibility.--An individual or organization shall be eligible
for a grant under subsection (b) only if the individual or organization
provides assurances to the satisfaction of the Administrator that it
will carry out the grant purposes in a manner that complies with all
applicable Federal and State environmental and health laws.
(d) Selection Criteria.--In selecting proposals for grants under
subsection (b), the Administrator shall consider--
(1) the quantity of used computers, monitors, or other
designated devices that will be diverted from landfills;
(2) the estimated cost per unit of the collection,
processing, reuse, or sale proposed;
(3) the availability of, and potential for, markets for
recycled materials;
(4) the degree to which the proposal mitigates or avoids
harmful environmental or health effects;
(5) the degree to which the proposal employs innovative
recycling technologies; and
(6) the demonstrated history of the grant applicant in
disposing of or providing for the reuse of computers, monitors,
or devices in an environmentally sound and responsible manner
without violation of any Federal or State law.
The Administrator shall ensure that grants are provided to a
geographically diverse group of recipients.
SEC. 5. CONSULTATION.
In carrying out this Act, the Administrator shall consult with
representatives of the computer manufacturing, retail, and recycling
industries, waste management professionals, environmental and consumer
groups, and other appropriate individuals and organizations (including
units of local government).
SEC. 6. STUDY AND REPORTS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Administrator shall transmit to the Congress the
results of a study that--
(1) identifies waste materials in used computers that may
be hazardous to human health or the environment;
(2) estimates the quantities of such materials that exist
or will exist in the future, including a separate estimate of
the quantities of such materials that are exported from the
United States;
(3) estimates the costs of transporting, collecting, and
processing computers, monitors, and other designated devices;
(4) describes current management of such waste materials;
(5) makes recommendations for the management of electronic
products containing such waste materials at the end of their
useful lives; and
(6) estimates the demand for materials from recycled
computers, and make recommendations for increasing the markets
for such materials.
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 4 additional years, the
Administrator shall transmit to the Congress a report on the status of
computer recycling. Such report shall include a description of the
amount of fees collected under section 3, and a description of the
amount of administrative costs paid for and grants made under section 4
with funds collected through such fees. | National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency (EPA), after submitting to Congress the results of a study of waste materials in used computers that may be hazardous to human health or the environment along with related management recommendations, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.
Exempts nonprofit organizations from the fee requirement. Authorizes the Administrator to create additional fee exemptions for sales that will likely result in maximum reuse of significant components and the disposal of remaining components in an environmentally sound and lawful manner. Requires fees collected to be used for administration of this Act and for making grants to eligible individuals or organizations for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such devices; and (3) extracting and using, or selling for reuse, raw materials from such devices. Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use. | To establish a grant and fee program through the Environmental Protection Agency to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cheaper Car Insurance Act of 2004''.
SEC. 2. AUTOMOBILE INSURANCE FRAUD.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting at the end the following:
``SEC. 1038. AUTOMOBILE INSURANCE FRAUD.
``(a) Whoever knowingly commits automobile insurance fraud shall be
punished as provided in subsection (e).
``(b) Whoever knowingly acts as a runner, capper, or steerer shall
be punished as provided in subsection (e).
``(c) Whoever knowingly acts as an organizer of an auto insurance
fraud operation shall be punished as provided in subsection (e).
``(d) Whoever knowingly acts as a mastermind or leader of an auto
insurance fraud operation shall be punished as provided in subsection
(e).
``(e) The punishment for an offense under subsections (a), (b),
(c), or (d) shall be as follows:
``(1) For any violation of subsection (a) in which the
defendant is not also convicted of being a runner, capper, or
steerer under subsection (b), an organizer under subsection
(c), or a leader or master mind under subsection (d), such
person shall be fined not more than $100,000, imprisoned not
more than 5 years, or both. If the defendant has a prior
conviction under subsection (a), such person shall be fined not
more than $100,000, imprisoned not more than 10 years, or both.
``(2) For any violation of subsection (b), such person
shall be fined not more than $100,000, imprisoned not more than
5 years, or both.
``(3) For any violation of subsection (c), such person
shall be fined not more than $100,000, imprisoned not more than
10 years, or both.
``(4) For any violation of subsection (d), such person
shall be fined not more than $100,000, imprisoned not more than
15 years, or both.
``(f) If a violation of subsection (a), (b), (c), or (d) results in
costs that exceed $100,000, the fine imposed under subsection (b) may
be in an amount greater than $100,000 in order to cover the resulting
cost.
``(g) In this section--
``(1) the term `automobile insurance fraud' means fraud
committed by any person who knowingly and intentionally
presents a written statement or claim, causes a written
statement or claim to be presented, or prepares a written
statement or claim with knowledge or belief that it will be
presented to or by an insurer, self-insurer, or any agent
thereof, that such person knows--
``(A) contains materially false information
concerning any fact material to an application,
certificate, evidence, or claim referred to in
paragraph (2); or
``(B) conceals, for the purpose of misleading,
information concerning any fact material to an
application, certificate, evidence, or claim referred
to in paragraph (2);
``(2) the term `mastermind' or `leader' means any
individual who knowingly solicits or employs 2 or more people,
or conspires with 2 or more people, to engage in automobile
insurance fraud, and who is not also a runner, capper, steerer,
or an organizer;
``(3) the term `organizer' means any individual who
knowingly solicits or employs a runner, capper, or steerer, or
acts as a runner, capper, or steerer, with the intent of
seeking to falsely or fraudulently obtain benefits under a
contract of insurance, or to falsely or fraudulently assert a
claim against an insured or an insurer for providing services
to a client, patient, or customer;
``(4) the term `runner, capper, or steerer' means any
person who, for either direct or indirect pecuniary benefit,
knowingly procures or attempts to procure a client, patient, or
customer at the direction of, or in cooperation with, a person
committing automobile insurance fraud under subsection (b),
regardless of whether or not the person otherwise participates
in the fraud; and
``(5) the term `written statement or claim' means a written
statement or submission by telephone, computer, or in any other
electronic or digital form, that is part of, or in support of--
``(A) an application for the issuance of or the
rating of a commercial insurance policy;
``(B) a certificate or evidence of self-insurance
for commercial insurance or commercial self-insurance;
or
``(C) a claim for payment or other benefit pursuant
to an insurance policy or self-insurance program for
commercial or personal insurance.''.
(b) Conforming Amendment.--The chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1038. Automobile insurance fraud''.
SEC. 3. BEST PRACTICES.
(a) In General.--The Department of Justice shall publish best
practices for the States to use--
(1) in licensing auto body shops that perform work paid for
by insurers; and
(2) in licensing medical treatment provided to people who
are injured in automobile accidents.
(b) Goal.--The goal of publishing best practices as required under
subsection (a) is to encourage the States to adopt such practices to
limit the feasibility of committing insurance fraud.
SEC. 4. INVESTIGATION OF FRAUDULENT PRACTICES.
(a) In General.--The Attorney General shall cooperate with the
offices of the United States Attorneys to--
(1) aggressively investigate fraudulent chop shops and
salvage yards;
(2) aggressively prosecute automobile insurance fraud (as
defined in section 1037 of title 18, United States Code); and
(3) report statistics on investigations, prosecutions, and
convictions of automobile insurance fraud.
(b) Reporting.--Statistics referred to in subsection (a)(3) shall
be reported to the Subcommittee on Administrative Oversight and the
Courts of the Committee on the Judiciary of the Senate and the
appropriate Committee of the House of Representatives.
SEC. 5. FEDERAL-STATE-LOCAL ANTI-AUTO INSURANCE TASK FORCE.
(a) Establishment of Units.--The Attorney General shall establish
Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the
offices of the United States Attorneys in the 10 cities in the United
States that are most severely affected, as determined by the Attorney
General, by automobile insurance fraud (as defined in section 1037 of
title 18, United States Code).
(b) Purpose.--The special units established under subsection (a)
shall investigate and prosecute automobile insurance fraud.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 in fiscal year 2005,
and such sums or fiscal years thereafter as determined by Congress.
SEC. 6. INSURANCE COMPANY RIGHT TO MANDATORY INSPECTION BEFORE
INSURING.
(a) Right of Inspection.--An insurance company shall have the right
to require a mandatory inspection by an insurance company
representative or agent of any motor vehicle prior to agreeing to
provide insurance coverage, except as provided under subsection (b).
(b) Exemption From Pre-insurance Inspection.--The right to inspect
under subsection (a) may be waived by an insurance company under the
following circumstances:
(1) The motor vehicle is already insured under the policy
for either comprehensive or collision coverage.
(2) The motor vehicle is a new vehicle purchased from a
retail dealership, and the insurer is provided with--
(A) a copy of the bill of sale containing a full
description of the motor vehicle, including options and
accessories, and a statement from the seller that the
motor vehicle has no damage; or
(B) a copy of the Manufacturer Statement of Origin,
a statement from the seller that the motor vehicle has
no damage, and a copy of the window sticker or dealer
invoice containing a full description of the motor
vehicle, including options or accessories.
(3) An insured named in the policy has been insured by the
same insurer for 1 or more policy years under a policy that has
continuously provided physical damage coverage.
(4) The motor vehicle is rented or leased for less than 6
months, provided that the insurer is given a copy of the lease
or rental agreement, and that the document contains a complete
description of the rented or leased motor vehicle, including
its condition at the time of lease or rental.
(5) The motor vehicle is rated or insured under a
commercial automobile insurance policy.
(6) When pre-insurance inspection would cause serious
hardship to the insured or applicant for insurance, and the
hardship is documented in records maintained by the insurer.
(c) Non-discrimination of Pre-insurance Inspections.--An insurer
may require a pre-insurance inspection of an otherwise exempt motor
vehicle. The decision to require a pre-insurance inspection of an
exempt vehicle shall not be based on the age, race, sex, religion, or
marital status of the applicant or insured, or the fact that the motor
vehicle has been insured through a residual or non-voluntary insurance
market. | Cheaper Car Insurance Act of 2004 - Amends the Federal criminal code to prohibit automobile insurance fraud.
Directs the Department of Justice to publish best practices for the States to use in licensing: (1) auto body shops that perform work paid for by insurers; and (2) medical treatment provided to people who are injured in automobile accidents.
Requires the Attorney General to: (1) cooperate with the offices of the U.S. Attorneys to aggressively investigate fraudulent chop shops and salvage yards, to aggressively prosecute automobile insurance fraud, and to report statistics on investigations, prosecutions, and convictions; and (2) establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the offices of the U.S. Attorneys in the ten U.S. cities that are most severely affected.
Grants an insurance company the right to require a mandatory inspection by an insurance company representative or agent of any motor vehicle prior to agreeing to provide insurance coverage. Permits a company to waive such right under specified circumstances. Allows an insurer to require a pre-insurance inspection of an otherwise exempt motor vehicle, but prohibits basing such decision on the age, race, sex, religion, or marital status of the applicant or insured or the fact that the vehicle has been insured through a residual or non-voluntary insurance market. | A bill to create a penalty for automobile insurance fraud, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Democracy Act''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch the National
Commission on Foreign Interference in the 2016 Election (in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
(a) Activities of Russian Government.--The purpose of the
Commission is to examine any attempts or activities by the Russian
government, persons or entities associated with the Russian government,
or persons or entities within Russia to use electronic means to
influence, interfere with, or sow distrust in elections for public
office held in the United States in 2016, including the following:
(1) Electronic hacks by the Russian government, persons or
entities associated with the Russian government, or other
persons or entities within Russia into--
(A) the electronic systems of the Democratic
National Committee;
(B) the electronic systems of the Democratic
Congressional Campaign Committee;
(C) the electronic systems of Mr. John Podesta,
campaign chairman for Democratic Presidential nominee
Hillary Clinton;
(D) the electronic systems of former Secretary of
State Colin Powell; and
(E) the electronic systems of Arizona, Illinois,
and Florida, particularly voter database information.
(2) Efforts by the Russian government, persons or entities
associated with the Russian government, or persons or entities
within Russia to put forward, disseminate, or promote false
news about the campaigns for elections for public office held
in the United States in 2016.
(3) Efforts by the Russian government to work with other
governments, entities, and individuals to carry out activities
described in paragraphs (1) and (2).
(b) Activities of Others.--In addition to the purpose described in
subsection (a), the purpose of the Commission is to examine attempts or
activities by governments other than the Russian government, persons
associated with governments other than the Russian government, and
other entities and individuals to use electronic means to influence,
interfere with, or sow distrust in elections for public office held in
the United States in 2016, including activities similar to those
described in paragraphs (1) through (3) of subsection (a).
SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.
(a) Members.--The Commission shall be composed of 12 members, of
whom--
(1) three shall be appointed by the Speaker of the House of
Representatives and three shall be appointed by the Majority
Leader of the Senate; and
(2) three shall be appointed by the Minority Leader of the
House of Representatives and three shall be appointed by the
Minority Leader of the Senate.
(b) Chair and Vice Chair.--The Commission, by majority vote, shall
choose a Chair and Vice Chair, of whom--
(1) one shall be a member appointed under paragraph (1);
and
(2) one shall be a member appointed under paragraph (2).
(c) Qualifications.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government, any State, or any local government.
(2) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services, law,
public administration, intelligence gathering, foreign affairs,
cybersecurity, and Federal elections.
(3) Deadline for appointment.--All members of the
Commission shall be appointed not later than 90 days after the
date of the enactment of this Act.
(4) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(5) Compensation.--
(A) In general.--Each member of the Commission may
be compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Commission.
(B) Travel expenses.--While away from their homes
or regular places of business in the performance of
services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are
allowed expenses under section 5703(b) of title 5,
United States Code.
SEC. 5. PROCEDURES OF COMMISSION.
(a) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable. After its initial
meeting, the Commission shall meet upon the call of the chairman or a
majority of its members.
(b) Quorum.--
(1) In general.--Except as provided in paragraph (2), a
majority of the members of the Commission shall constitute a
quorum.
(2) Alternative quorum for taking testimony.--For purposes
of taking testimony of witnesses, 2 members of the Commission
may constitute a quorum, so long as at least one of the members
is a member appointed under paragraph (1) of section 4(a) and
at least one of the members is a member appointed under
paragraph (2) of section 4(a).
(c) Voting.--No proxy voting shall be allowed on behalf of a member
of the Commission.
(d) Rules of Procedure.--
(1) In general.--The Commission shall establish rules for
the conduct of the Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
(2) Adoption at initial meeting.--At its initial meeting,
the Commission shall adopt the rules established under
paragraph (1).
SEC. 6. FUNCTIONS OF COMMISSION.
(a) In General.--The duties of the Commission are as follows:
(1) To investigate attempts or activities by the Russian
government, persons or entities associated with the Russian
government, or persons or entities within Russia to use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States in
2016, including the following:
(A) Electronic hacks by the Russian government,
persons or entities associated with the Russian
government, or other persons or entities within Russia
into--
(i) the electronic systems of the
Democratic National Committee;
(ii) the electronic systems of the
Democratic Congressional Campaign Committee;
(iii) the electronic systems of Mr. John
Podesta, campaign chairman for Democratic
Presidential nominee Hillary Clinton;
(iv) the electronic systems of former
Secretary of State Colin Powell; and
(v) the electronic systems of Arizona,
Illinois, and Florida, particularly voter
database information.
(B) Efforts by the Russian government, persons or
entities associated with the Russian government, or
persons or entities within Russia to put forward,
disseminate, or promote false news about the campaigns
for elections for public office held in the United
States in 2016.
(C) Efforts by the Russian government to work with
other governments, entities, and individuals to carry
out activities described in subparagraphs (A) and (B).
(2) To investigate attempts or activities by governments
other than the Russian government, persons or entities
associated with governments other than the Russian government,
and other entities and individuals to use electronic means to
influence, interfere with, or sow distrust in elections for
public office held in the United States in 2016, including
activities similar to those described in subparagraphs (A)
through (C) of paragraph (1).
(3) To identify, review, and evaluate the lessons learned
from the attempts, activities, and efforts described in
paragraphs (1) and (2) relative to detecting, preventing,
protecting from, and responding to such attempts, activities,
and efforts.
(4) To make such recommendations as the Commission
considers appropriate to ensure that foreign governments and
persons associated with foreign governments never again use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States.
(b) Reports to the President and Congress.--
(1) Interim reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
(2) Final report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b)(1), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the Chair and Vice
Chair; or
(ii) by the affirmative vote of a majority
of the members of the Commission.
(B) Signature.--Subject to subparagraph (A)(i),
subpoenas issued under this subsection may be issued
under the signature of the chairman or any member
designated by a majority of the Commission, may be
served by any person designated by the chairman or by a
member designated by a majority of the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received as certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 8. STAFF.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 9. PUBLIC MEETINGS; PUBLIC VERSIONS OF REPORTS.
(a) Requiring Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 6(b).
(b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 6(b)(2).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports, and disseminating the
final report.
SEC. 12. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
SEC. 13. DEFINITION.
In this Act, the term ``electronic systems'' means computers,
servers, and electronic communications. | Protecting Our Democracy Act This bill establishes in the legislative branch the National Commission on Foreign Interference in the 2016 Election to investigate activities of the Russian government and others to use electronic means to influence, interfere with, or sow distrust in the elections for public office held in the United States in 2016. | Protecting Our Democracy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Competition in Foreign Commerce
Act of 1999''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through international financial
institutions and bilateral nonhumanitarian assistance.
(2) These international development projects are often
plagued with fraud, corruption, waste, inefficiency, and misuse
of funding.
(3) Fraud, corruption, waste, inefficiency, misuse, and
abuse are major impediments to competition in foreign commerce
throughout the world.
(4) Identifying these impediments after they occur is
inadequate and meaningless.
(5) Detection of impediments before they occur helps to
ensure that valuable United States resources contributed to
important international development projects are used
appropriately.
(6) Independent third-party procurement monitoring is an
important tool for detecting and preventing such impediments.
(7) Third-party procurement monitoring includes evaluations
of each stage of the procurement process and assures the
openness and transparency of the process.
(8) Improving transparency and openness in the procurement
process helps to minimize fraud, corruption, waste,
inefficiency, and other misuse of funding, and promotes
competition, thereby strengthening international trade and
foreign commerce.
(b) Purpose.--The purpose of this Act is to build on the excellent
progress associated with the Organization on Economic Development and
Cooperation Agreement on Bribery and Corruption by promoting the use of
independent third-party procurement monitoring as part of United States
participation in the international financial institutions and in the
disbursement by the United States of bilateral nonhumanitarian foreign
assistance funds, so as to ensure open, efficient, and transparent
government procurement practices.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committees on Finance and on Commerce,
Science, and Technology of the Senate and the Committees on
Ways and Means and on Commerce of the House of Representatives.
(2) Independent third-party procurement monitoring.--The
term ``independent third-party procurement monitoring'' means a
program to--
(A) eliminate bias,
(B) promote transparency and open competition, and
(C) minimize fraud, corruption, waste,
inefficiency, and other misuse of funds,
in international procurement through independent evaluation of
the technical, financial, economic, and legal aspects of the
procurement process.
(3) Independent.--The term ``independent'' means that
monitoring the procurement process does not pose a conflict of
interest for the person doing so.
(4) Each stage of procurement.--The term ``each stage of
procurement'' means the development and issuance of technical
specifications, bidding documents, evaluation reports, contract
preparation, and the delivery of goods and services.
(5) International financial institution.--The term
``international financial institution'' has the meaning given
in section 1701(c)(2) of the International Financial
Institutions Act.
SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall transmit to
the President and to the appropriate committees a plan for promoting
international government procurement reforms relating to the United
States participation in international financial institutions, including
the use of third party procurement monitoring where appropriate.
(b) Plan.--The plan shall include an instruction by the Secretary
of the Treasury to the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to oppose the use of funds appropriated or made available
by the United States for any non-humanitarian assistance, until--
(1) the institution has adopted an anticorruption plan that
requires the use of independent third-party procurement
monitoring services in any case in which the country receiving
such assistance lacks the necessary organization, resources,
and expertise to ensure openness, efficiency, and transparency
in government procurement; and
(2) each country receiving such assistance institutes
specific strategies for minimizing corruption and maximizing
transparency in each stage of the procurement process.
(c) Annual Reports.--Not later than June 29 of each year, the
Secretary of the Treasury shall report to the appropriate committees on
the progress in implementing procurement reforms made by each
international financial institution and each country that received non-
humanitarian assistance from such an institution during the preceding
year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for non-
humanitarian foreign assistance programs, including the activities of
the Agency for International Development, may be expended for a
government procurement program unless each country eligible to receive
assistance under such programs and each international financial
institution involved has demonstrated that significant progess is being
made toward institutionalizing--
(1) procurement practices which are open, transparent, and
free of corruption, fraud, inefficiency, and other misuse; and
(2) independent third-party monitoring of government
procurement, in the case of such countries that lack necessary
organization, resources, and expertise.
SEC. 5. EXCEPTIONS.
(a) National Security.--Section 4 shall not apply with respect to a
country if the President determines with respect to such country that
making funds available is in the national security interests of the
United States. Any such determination shall cease to be effective 6
months after being made unless the President determines that its
continuation is in the national security interests of the United
States.
(b) Other Exceptions.--Section 4 shall not apply with respect to
assistance to--
(1) meet urgent humanitarian needs (including providing
food, medicine, disaster, and refugee relief);
(2) facilitate democratic political reform and rule of law
activities;
(3) create private sector and nongovernmental organizations
that are independent of government control; or
(4) facilitate development of a free market economic
system. | Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless each recipient country and each international financial institution has demonstrated that significant progress is being made toward institutionalizing: (1) procurement practices that are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) independent third-party procurement monitoring of government procurement in countries that lack necessary organization, resources, and expertise.
Specifies national security, emergency humanitarian, and other exceptions to the requirements of this Act. | Fair Competition in Foreign Commerce Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra National Forest Land Exchange
Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
parcels of land and improvements thereon comprising
approximately 160 acres and located in township 9 south, range
25 east, section 30, E\1/2\SW\1/4\ and W\1/2\ SE\1/4\, Mt.
Diablo Meridian, California.
(2) Non-federal land.--The term ``non-Federal land'' means
a parcel of land comprising approximately 80 acres and located
in township 8 south, range 26 east, section 29, N\1/2\NW\1/4\,
Mt. Diablo Meridian, California.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If, during the one-year period beginning
on the date of enactment of this Act, the owner of the non-
Federal land offers the United States the exchange of the non-
Federal land and a cash equalization payment of $50,000, the
Secretary shall convey, by quit claim deed, all right, title,
and interest of the United States in and to the Federal land.
The conveyance of the Federal land shall be subject to valid
existing rights and under such terms and conditions as the
Secretary may prescribe.
(2) Acceptable title.--Title to the non-Federal land shall
conform with the title approval standards of the Attorney
General applicable to Federal land acquisitions and shall be
acceptable to the Secretary.
(3) Correction and modification of legal descriptions.--The
Secretary, in consultation with the owner of the non-Federal
land, may make corrections to the legal descriptions of the
Federal land and non-Federal land. The Secretary and the owner
of the non-Federal land may make minor modifications to such
descriptions insofar as such modifications do not affect the
overall value of the exchange by more than five percent.
(b) Valuation of Land to Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1), the value
of the non-Federal land shall be deemed to be $200,000 and the value of
the Federal land shall be deemed to be $250,000.
(c) Administration of Land Acquired by United States.--Once
acquired, the Secretary shall manage the non-Federal land in accordance
with the Act of March 1, 1911 (commonly known as the Weeks Act; 16
U.S.C. 480 et seq.), and in accordance with the other laws and
regulations pertaining to National Forest System lands.
(d) Conditions on Conveyance of Federal Land.--The conveyance by
the Secretary under subsection (a) shall be subject to the following
conditions:
(1) That the recipient of the Federal land convey all 160
acres of the Federal land to the Sequoia Council of the Boy
Scouts of America not later than four months after the date on
which the recipient receives the Federal land from the
Secretary under subsection (a).
(2) That, as described in section 5, the owner of the
easement granted in section 4 have the right of first offer
regarding any reconveyance of the Federal land by the Sequoia
Council of the Boy Scouts of America.
(e) Disposition and Use of Cash Equalization Funds.--The Secretary
shall deposit the cash equalization payment received under subsection
(a) in the fund established by Public Law 90-171 (commonly known as the
Sisk Act; 16 U.S.C. 484a). The cash equalization payment shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of lands and interests in lands for
the National Forest System in the State of California.
(f) Cost Collection Funds.--The owner of the non-Federal land shall
be responsible for all direct costs associated with processing the land
exchange under this section and shall pay the Secretary the necessary
funds, which shall be deposited in a cost collection account. Funds so
deposited shall be available to the Secretary until expended, without
further appropriation, for the cost associated with the land exchange.
Any funds remaining after completion of the land exchange, which are
not needed to cover expenses, shall be refunded to the owner of the
non-Federal land.
SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HYDROELECTRIC PROJECT NO.
67.
(a) Purpose.--A hydroelectric project, licensed pursuant to the
Federal Power Act (16 U.S.C. 791a et seq.) as Project No. 67, is
located on a majority of the Federal land authorized for exchange under
section 3. To protect the ability of the owner of Project No. 67 to
continue to operate and maintain that hydroelectric project under the
current and all future licenses or authorizations issued pursuant to
the Federal Power Act or any other applicable law, this section is
necessary.
(b) Easement Required.--Before conveying the Federal land under
section 3, the Secretary shall grant an easement, without
consideration, to the owner of Project No. 67 for the right to enter,
occupy, and use for hydroelectric power purposes the Federal land
currently within the licensed boundary for Project No. 67. The Project
No. 67 owner shall hold harmless the Secretary for any claims against
the owner due to the grant of easement.
(c) Required Terms and Conditions.--The easement granted under this
section shall provide the following: ``The United States of America,
hereinafter called `Grantor,' pursuant to a congressional
authorization, hereby grants, transfers, and conveys unto the [insert
name of Project No. 67 owner], its successors and assigns, hereinafter
called `Grantee,' all those certain exclusive easements and rights in,
on, under, over, along, and across certain real property described in
Exhibit A, attached hereto [attach description of real property subject
to the easement] and incorporated herein (the `Property'), for any
purpose or activity that Grantee deems convenient or necessary to the
creation, generation, transmission, or distribution of hydropower on
and off the Property, including, but not limited to, the right to
inundate the Property with water, reservoir management, and compliance
with legal obligations in accordance with the applicable Federal Energy
Regulatory Commission license and those non-exclusive easements and
rights to use, occupy, and enter the Property, and to allow others to
use, occupy, and enter the Property, for other purposes related to
hydropower and reservoir management and use, such as recreation by
Grantee or the public, and regulation of any activities on the Property
that may impact such purposes, at any time and from time to time.
Grantor further grants, transfers, and conveys unto the Grantee the
right of assignment, in whole or in part, to others, without
limitation. Grantee shall have the right to take such actions on the
Property as may be necessary to comply with all applicable laws, rules,
regulations, ordinances, orders and other governmental, regulatory, and
administrative authorities and requirements, or that may be necessary
for the economical entry, occupancy, and use of the Property for
hydropower purposes. Grantor, its successors and assigns, shall not
deposit or permit or allow to be deposited, earth, rubbish, debris or
any other substance or material on the Property, or so near thereto as
to constitute, in the opinion of Grantee, an interference or
obstruction to the hydropower and reservoir purposes. No other
easements, leases, or licenses shall be granted on, under or over the
Property by Grantor to any person, firm or corporation without the
previous written consent of Grantee, which consent shall not be
unreasonably withheld. The terms, covenants and conditions of this
Grant of Easement shall bind and inure to the benefit of the successors
and assigns of Grantor and the successors and assigns of Grantee.''.
SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEYANCE OF FEDERAL LAND.
(a) Right of First Offer.--As a condition on the conveyance of the
Federal land under section 3 and its reconveyance to the Sequoia
Council of the Boy Scouts of America, as required by section 3(d)(1),
the Secretary shall require that the Council agree to provide the owner
of the easement granted under section 4 the right of first offer to
obtain the Federal land, or any portion thereof, that the Council ever
proposes to sell, transfer, or otherwise convey.
(b) Notice and Offer.--If the Council proposes to sell, transfer,
or otherwise convey the Federal land or a portion thereof, the Council
shall give the easement owner written notice specifying the terms and
conditions on which the conveyance is proposed and offering to convey
to the easement owner, on the same terms and conditions, the Federal
land or the portion thereof proposed for conveyance.
(c) Acceptance or Rejection of Offer.--Within 90 days after the
easement owner receives the notice required by subsection (b) and all
available documents necessary to perform reasonable due diligence on
the proposed conveyance, the easement owner shall either accept or
reject the offer. If the easement owner accepts the offer, the closing
of the sale shall be governed by the terms of the offer in the notice.
(d) Effect of Rejection.--If the hydropower easement owner rejects
an offer under subsection (b) or fails to respond to the offer before
the expiration of the 90-day period provided in subsection (c), the
Council may convey the property covered by the notice to any other
person on the same terms and conditions specified in the notice. If
those terms and conditions are subsequently altered in any way, then
the notice and offer shall again be made to the easement owner under
subsection (b). The rejection by the easement owner of one or more of
such
offers shall not affect its right of first offer as to any other
proposed conveyance by the Council.
Passed the House of Representatives November 18, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Sierra National Forest Land Exchange Act of 2003 - Directs the Secretary of Agriculture to convey specified land in Mt. Diablo Meridian, California, in exchange for certain non-Federal land and a payment of $50,000, if the owner of such land: (1) offers to make such exchange during the year following enactment of this Act; and (2) agrees to convey the Federal land to the Sequoia Council of the Boy Scouts of America within four months of receiving it. Assigns values to the lands to be conveyed.
Directs the Secretary to: (1) manage the non-Federal land received in accordance with the Weeks Act and other laws and regulations pertaining to National Forest System lands; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California. Makes the owner of the non-Federal land responsible for all direct costs associated with processing the land exchange. Grants an easement to the owner of a specified hydroelectric project located on Federal land authorized for exchange under this Act. Requires that the easement owner be given the right of first offer for any subsequent conveyance of the Federal land by the Sequoia Council as a condition of the initial conveyance to the Council. | To provide for the exchange of land within the Sierra National Forest, California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``abuse'' means the occurrence of one or more
of the following acts between household or family (including
in-laws or extended family) members, spouses or former spouses,
or individuals engaged in or formerly engaged in a sexually
intimate relationship:
(A) Attempting to cause or intentionally,
knowingly, or recklessly causing another person bodily
injury, physical harm, substantial emotional distress,
psychological trauma, rape, sexual assault, or
involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment
or kidnapping.
(D) Attempting to cause or intentionally,
knowingly, or recklessly causing damage to property so
as to intimidate or attempt to control the behavior of
another person.
(2) The term ``abuse-related medical condition'' means a
medical condition which arises in whole or in part out of an
action or pattern of abuse.
(3) The term ``abuse status'' means the fact or perception
that a person is, has been, or may be a subject of abuse,
irrespective of whether the person has sustained abuse-related
medical conditions or has incurred abuse-related claims.
(4) The term ``health benefit plan'' means any public or
private entity or program that provides for payments for health
care, including--
(A) a group health plan (as defined in section 607
of the Employee Retirement Income Security Act of 1974)
or a multiple employer welfare arrangement (as defined
in section 3(40) of such Act) that provides health
benefits;
(B) any other health insurance arrangement,
including any arrangement consisting of a hospital or
medical expense incurred policy or certificate,
hospital or medical service plan contract, or health
maintenance organization subscriber contract;
(C) workers' compensation or similar insurance to
the extent that it relates to workers' compensation
medical benefits (as defined by the Federal Trade
Commission); and
(D) automobile medical insurance to the extent that
it relates to medical benefits (as defined by the
Federal Trade Commission).
(5) The term ``health carrier'' means a person that
contracts or offers to contract on a risk-assuming basis to
provide, deliver, arrange for, pay for or reimburse any of the
cost of health care services unless the person assuming the
risk is accepting the risk from a duly licensed health carrier.
(6) The term ``insured'' means a party named on a policy,
certificate, or health benefit plan as the person with legal
rights to the benefits provided by the policy, certificate, or
health benefit plan. For group insurance, such term includes a
person who is a beneficiary covered by a group policy,
certificate, or health benefit plan.
(7) The term ``insurer'' means any person, reciprocal
exchange, interinsurer, Lloyds insurer, fraternal benefit
society, or other legal entity engaged in the business of
insurance, including agents, brokers, adjusters, and third
party administrators. The term also includes health carriers,
health benefit plans, and life, disability, and property and
casualty insurers.
(8) The term ``policy'' means a contract of insurance,
certificate, indemnity, suretyship, or annuity issued, proposed
for issuance or intended for issuance by an insurer, including
endorsements or riders to an insurance policy or contract.
(9) The term ``subject of abuse'' means a person to whom an
act of abuse is directed, a person who has had prior or current
injuries, illnesses, or disorders that resulted from abuse, or
a person who seeks, may have sought, or should have sought
medical or psychological treatment for abuse, protection,
court-ordered protection, or shelter from abuse.
SEC. 3. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer or health carrier may, directly or
indirectly, engage in any of the following acts or practices on the
basis that the applicant or insured, or any person employed by the
applicant or insured or with whom the applicant or insured is known to
have a relationship or association, is, has been, or may be the subject
of abuse:
(1) Denying, refusing to issue, renew or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance or health
benefit plan coverage for losses as a result of abuse or
denying a claim incurred by an insured as a result of abuse,
except as otherwise permitted or required by State laws
relating to life insurance beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(4) Terminating health coverage for a subject of abuse
because coverage was originally issued in the name of the
abuser and the abuser has divorced, separated from, or lost
custody of the subject of abuse or the abuser's coverage has
terminated voluntarily or involuntarily and the subject of
abuse does not qualify for extension of coverage under part 6
of subtitle B of title I or the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the
Internal Revenue Code of 1986. Nothing in this paragraph
prohibits the insurer from requiring the subject of abuse to
pay the full premium for the subject's coverage under the
health plan. The insurer may terminate group coverage after the
continuation coverage required by this paragraph has been in
force for 18 months if it offers conversion to an equivalent
individual plan. The continuation of health coverage required
by this paragraph shall be satisfied by any extension of
coverage under part 6 of subtitle B of title I or the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.)
or 4980B of the Internal Revenue Code of 1986 provided to a
subject of abuse and is not intended to be in addition to any
extension of coverage provided under part 6 of subtitle B of
title I or the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code
of 1986.
(b) Use of Information.--
(1) In general.--No insurer may use, disclose, or transfer
information relating to an applicant's or insured's abuse
status or abuse-related medical condition or the applicant's or
insured's status as a family member, employer or associate,
person in a relationship with a subject of abuse for any
purpose unrelated to the direct provision of health care
services unless such use, disclosure, or transfer is required
by an order of an entity with authority to regulate insurance
or an order of a court of competent jurisdiction or by abuse
reporting laws. Nothing in this paragraph shall be construed as
limiting or precluding a subject of abuse from obtaining the
subject's own medical records from an insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer or
health carrier to disregard such provided evidence.
SEC. 4. REASONS FOR ADVERSE ACTIONS.
An insurer that takes any adverse action relating to any plan or
policy of a subject of abuse, shall advise the subject of abuse
applicant or insured of the specific reasons for the action in writing.
Reference to general underwriting practices or guidelines does not
constitute a specific reason.
SEC. 5. LIFE INSURANCE.
Nothing in this Act shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a
beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse.
SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED.
Except where the subject of abuse has already recovered damages,
subrogation of claims resulting from abuse is prohibited with the
informed consent of the subject of abuse.
SEC. 7. ENFORCEMENT.
(a) Federal Trade Commission.--The Federal Trade Commission shall
have the power to examine and investigate any insurer to determine
whether such insurer has been or is engaged in any act or practice
prohibited by this Act. If the Federal Trade Commission determines an
insurer has been or is engaged in any act or practice prohibited by
this Act, the Commission may take action against such insurer by the
issuance of a cease and desist order as if the insurer was in violation
of section 5 of the Federal Trade Commission Act. Such cease and desist
order may include any individual relief warranted under the
circumstances, including temporary, preliminary, and permanent
injunctive and compensatory relief.
(b) Private Cause of Action.--An applicant or insured claiming to
be adversely affected by an act or practice of an insurer in violation
of this Act may maintain an action against the insurer in a Federal or
State court of original jurisdiction. Upon proof of such conduct by a
preponderance of the evidence, the court may award appropriate relief,
including temporary, preliminary, and permanent injunctive relief and
compensatory and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and expert
witnesses. With respect to compensatory damages, the aggrieved
individual may elect, at any time prior to the rendering of final
judgment, to recover in lieu of actual damages, an award of statutory
damages in the amount of $5,000 for each violation. | Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving household or family members, current or former spouses, or individuals in or formerly in a sexually intimate relationship. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity, a court order, or abuse reporting laws.
Requires an insurer that takes any adverse action relating to any plan or policy of an abuse subject (whether applicant or insured) to advise such individual of the specific reasons for the action.
Regulates subrogation of claims resulting from abuse.
Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against the insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer. | Victims of Abuse Insurance Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stroke Treatment and Ongoing
Prevention Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE
PROGRAMS.
(a) Stroke Education and Information Programs.--Title III of the
Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding
at the end the following:
``PART R--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS
``SEC. 399AA. STROKE PREVENTION AND EDUCATION CAMPAIGN.
``(a) In General.--The Secretary shall carry out an education and
information campaign to promote stroke prevention and increase the
number of stroke patients who seek immediate treatment.
``(b) Authorized Activities.--In implementing the education and
information campaign under subsection (a), the Secretary may--
``(1) make public service announcements about the warning
signs of stroke and the importance of treating stroke as a
medical emergency;
``(2) provide education regarding ways to prevent stroke
and the effectiveness of stroke treatment; and
``(3) carry out other activities that the Secretary
determines will promote prevention practices among the general
public and increase the number of stroke patients who seek
immediate care.
``(c) Measurements.--In implementing the education and information
campaign under subsection (a), the Secretary shall--
``(1) measure public awareness before the start of the
campaign to provide baseline data that will be used to evaluate
the effectiveness of the public awareness efforts;
``(2) establish quantitative benchmarks to measure the
impact of the campaign over time; and
``(3) measure the impact of the campaign not less than once
every 2 years or, if determined appropriate by the Secretary,
at shorter intervals.
``(d) No Duplication of Effort.--In carrying out this section, the
Secretary shall avoid duplicating existing stroke education efforts by
other Federal Government agencies.
``(e) Consultation.--In carrying out this section, the Secretary
may consult with organizations and individuals with expertise in stroke
prevention, diagnosis, treatment, and rehabilitation.
``SEC. 399BB. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND
CLEARINGHOUSE.
``The Secretary, acting through the Centers for Disease Control and
Prevention, shall maintain the Paul Coverdell National Acute Stroke
Registry and Clearinghouse by--
``(1) continuing to develop and collect specific data
points and appropriate benchmarks for analyzing care of acute
stroke patients;
``(2) collecting, compiling, and disseminating information
on the achievements of, and problems experienced by, State and
local agencies and private entities in developing and
implementing emergency medical systems and hospital-based
quality of care interventions; and
``(3) carrying out any other activities the Secretary
determines to be useful to maintain the Paul Coverdell National
Acute Stroke Registry and Clearinghouse to reflect the latest
advances in all forms of stroke care.
``SEC. 399CC. STROKE DEFINITION.
``For purposes of this part, the term `stroke' means a `brain
attack' in which blood flow to the brain is interrupted or in which a
blood vessel or aneurysm in the brain breaks or ruptures.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$5,000,000 for each of fiscal years 2006 through 2010.''.
(b) Emergency Medical Professional Development.--Section 1251 of
the Public Health Service Act (42 U.S.C. 300d-51) is amended to read as
follows:
``SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND
TRAUMATIC INJURY TREATMENT AND PREVENTION.
``(a) Residency and Other Professional Training.--The Secretary may
make grants to public and nonprofit entities for the purpose of
planning, developing, and enhancing approved residency training
programs and other professional training for appropriate health
professions in emergency medicine, including emergency medical services
professionals, to improve stroke and traumatic injury prevention,
diagnosis, treatment, and rehabilitation.
``(b) Continuing Education on Stroke and Traumatic Injury.--
``(1) Grants.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to qualified entities for the
development and implementation of education programs for
appropriate health care professionals in the use of newly
developed diagnostic approaches, technologies, and therapies
for health professionals involved in the prevention, diagnosis,
treatment, and rehabilitation of stroke or traumatic injury.
``(2) Distribution of grants.--In awarding grants under
this subsection, the Secretary shall give preference to
qualified entities that will train health care professionals
that serve areas with a significant incidence of stroke or
traumatic injuries.
``(3) Application.--A qualified entity desiring a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a plan for
the rigorous evaluation of activities carried out with amounts
received under the grant.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `qualified entity' means a
consortium of public and private entities, such as
universities, academic medical centers, hospitals, and
emergency medical systems that are coordinating
education activities among providers serving in a
variety of medical settings.
``(B) The term `stroke' means a `brain attack' in
which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or
ruptures.
``(c) Report.--Not later than 1 year after the allocation of grants
under this section, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
results of activities carried out with amounts received under this
section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2006 through 2010. The Secretary shall equitably allocate the
funds authorized to be appropriated under this section between efforts
to address stroke and efforts to address traumatic injury.''.
SEC. 3. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.
(a) Establishment.--Part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended by inserting after
section 330L the following:
``SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.
``(a) Grants.--The Secretary may make grants to States, and to
consortia of public and private entities located in any State that is
not a grantee under this section, to conduct a 5-year pilot project
over the period of fiscal years 2006 through 2010 to improve stroke
patient outcomes by coordinating health care delivery through
telehealth networks.
``(b) Administration.--The Secretary shall administer this section
through the Director of the Office for the Advancement of Telehealth.
``(c) Consultation.--In carrying out this section, for the purpose
of better coordinating program activities, the Secretary shall consult
with--
``(1) officials responsible for other Federal programs
involving stroke research and care, including such programs
established by the Stroke Treatment and Ongoing Prevention Act;
and
``(2) organizations and individuals with expertise in
stroke prevention, diagnosis, treatment, and rehabilitation.
``(d) Use of Funds.--
``(1) In general.--The Secretary may not make a grant to a
State or a consortium under this section unless the State or
consortium agrees to use the grant for the purpose of--
``(A) identifying entities with expertise in the
delivery of high-quality stroke prevention, diagnosis,
treatment, and rehabilitation;
``(B) working with those entities to establish or
improve telehealth networks to provide stroke treatment
assistance and resources to health care professionals,
hospitals, and other individuals and entities that
serve stroke patients;
``(C) informing emergency medical systems of the
location of entities identified under subparagraph (A)
to facilitate the appropriate transport of individuals
with stroke symptoms;
``(D) establishing networks to coordinate
collaborative activities for stroke prevention,
diagnosis, treatment, and rehabilitation;
``(E) improving access to high-quality stroke care,
especially for populations with a shortage of stroke
care specialists and populations with a high incidence
of stroke; and
``(F) conducting ongoing performance and quality
evaluations to identify collaborative activities that
improve clinical outcomes for stroke patients.
``(2) Establishment of consortium.--The Secretary may not
make a grant to a State under this section unless the State
agrees to establish a consortium of public and private
entities, including universities and academic medical centers,
to carry out the activities described in paragraph (1).
``(3) Prohibition.--The Secretary may not make a grant
under this section to a State that has an existing telehealth
network that is or may be used for improving stroke prevention,
diagnosis, treatment, and rehabilitation, or to a consortium
located in such a State, unless the State or consortium agrees
that--
``(A) the State or consortium will use an existing
telehealth network to achieve the purpose of the grant;
and
``(B) the State or consortium will not establish a
separate network for such purpose.
``(e) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to any applicant that submits a plan
demonstrating how the applicant, and where applicable the members of
the consortium described in subsection (d)(2), will use the grant to
improve access to high-quality stroke care for populations with
shortages of stroke-care specialists and populations with a high
incidence of stroke.
``(f) Grant Period.--The Secretary may not award a grant to a State
or a consortium under this section for any period that--
``(1) is greater than 3 years; or
``(2) extends beyond the end of fiscal year 2010.
``(g) Restriction on Number of Grants.--In carrying out the 5-year
pilot project under this section, the Secretary may not award more than
7 grants.
``(h) Application.--To seek a grant under this section, a State or
a consortium of public and private entities shall submit an application
to the Secretary in such form, in such manner, and containing such
information as the Secretary may require. At a minimum, the Secretary
shall require each such application to outline how the State or
consortium will establish baseline measures and benchmarks to evaluate
program outcomes.
``(i) Definition.--In this section, the term `stroke' means a
`brain attack' in which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or ruptures.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2006, $13,000,000 for fiscal year 2007, $15,000,000 for fiscal year
2008, $8,000,000 for fiscal year 2009, and $4,000,000 for fiscal year
2010.''.
(b) Study; Reports.--
(1) Final report.--Not later than March 31, 2011, the
Secretary of Health and Human Services shall conduct a study of
the results of the telehealth stroke treatment grant program
under section 330M of the Public Health Service Act (added by
subsection (a)) and submit to the Congress a report on such
results that includes the following:
(A) An evaluation of the grant program outcomes,
including quantitative analysis of baseline and
benchmark measures.
(B) Recommendations on how to promote stroke
networks in ways that improve access to clinical care
in rural and urban areas and reduce the incidence of
stroke and the debilitating and costly complications
resulting from stroke.
(C) Recommendations on whether similar telehealth
grant programs could be used to improve patient
outcomes in other public health areas.
(2) Interim reports.--The Secretary of Health and Human
Services may provide interim reports to the Congress on the
telehealth stroke treatment grant program under section 330M of
the Public Health Service Act (added by subsection (a)) at such
intervals as the Secretary determines to be appropriate.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the Secretary
of Health and Human Services to establish Federal standards for the
treatment of patients or the licensure of health care professionals. | Stroke Treatment and Ongoing Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment.
Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by collecting specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on State, local, and private care system achievements and problems.
Defines "stroke" as an attack in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures.
Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training.
Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to qualified entities for education programs for health care professionals in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation. Gives preference to qualified entities that will train professionals that serve areas with a significant incidence of stroke or traumatic injuries.
Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks. | To amend the Public Health Service Act to strengthen education, prevention, and treatment programs relating to stroke, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Human Rights and Democracy
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing December 19, 1984 (in this Act
referred to as the ``Joint Declaration'')--
(A) provided that the People's Republic of China
resumed sovereignty over Hong Kong on July 1, 1997; and
(B) established a ``high degree of autonomy'' for
Hong Kong except in matters of foreign affairs and
defense.
(2) The Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China (in this Act referred
to as ``Basic Law'')--
(A) guarantees Hong Kong a ``high degree of
autonomy'' and separate executive, legislative, and
independent judicial powers;
(B) generally prohibits the central Government of
the People's Republic of China from interfering in the
affairs that Hong Kong administers on its own according
to the Basic Law;
(C) protects the rights to free speech, press,
assembly, and religion;
(D) provides that the socialist system and policies
shall not be practiced in Hong Kong and that Hong
Kong's capitalist system and way of life shall remain
unchanged for 50 years (the principle of ``one country,
two systems'');
(E) affirms the continuing applicability of the
International Covenant on Civil and Political Rights to
Hong Kong;
(F) provides that the head of the Hong Kong Special
Administrative Region shall be the Chief Executive;
(G) provides that ``the ultimate aim is the
selection of the Chief Executive by universal suffrage
upon nomination by a broadly representative nominating
committee in accordance with democratic procedures'';
(H) provides that the legislature of the Hong Kong
Special Administrative Region shall be the Legislative
Council; and
(I) provides that ``the ultimate aim is the
election of all the members of the Legislative Council
by universal suffrage''.
(3) The National People's Congress Standing Committee
(NPCSC) determined on December 29, 2007, that Hong Kong could
elect the Chief Executive by universal suffrage beginning in
2017, and that Hong Kong could thereafter elect the Legislative
Council by universal suffrage beginning in 2020.
(4) The Chief Executive is currently selected by an
Election Committee consisting of 1,200 members. In order to
run, candidates for Chief Executive must currently receive the
support of one-eighth of the members of the Election Committee,
the majority of whom reportedly support or have ties to the
Chinese Communist Party.
(5) On August 31, 2014, the NPCSC determined that the 2017
election for the Chief Executive could be held by universal
suffrage but that Hong Kong voters could only choose from two
to three candidates, each of whom is to be chosen by a majority
of a nominating committee similar to the current Election
Committee that is heavily controlled by pro-Beijing members.
(6) International standards for elections, including
Article 21 of the Universal Declaration of Human Rights and
Article 25 of the International Covenant on Civil and Political
Rights, guarantee citizens the right to vote and to be elected
in genuine periodic elections by universal and equal suffrage
without unreasonable restrictions.
(7) Hundreds of thousands of Hong Kong residents have
consistently and peacefully expressed their dissatisfaction
with the electoral reform plans of the Hong Kong government and
the Government of the People's Republic of China, including the
August 2014 NPCSC decision, and have called for a genuine
choice in elections that meet international standards. Their
peaceful and orderly protests have set an example for other
democratic movements around the world, including those in
mainland China who continue to fight for their fundamental
freedoms.
(8) Media reports indicate that Hong Kong police used tear
gas and pepper spray against demonstrators on September 28,
2014, and that police allegedly failed to adequately protect
demonstrators from mobs of counter-protestors, some of whom had
affiliations with gangs known as ``triads'', who beat students
and forcibly tried to remove them from their places of protest.
There have also been several accusations of excessive use of
force by the Hong Kong Police which are under investigation.
(9) The United States enjoys close economic, social, and
cultural ties with Hong Kong. According to the Department of
State, 60,000 United States citizens live in Hong Kong, and
1,400 United States businesses have offices there. According to
the Office of the United States Trade Representative, Hong Kong
is the United States 18th largest trade partner and 9th largest
goods export market.
(10) Hong Kong's unique status as an international finance
center where the rule of law and the rights and freedoms of its
citizens are protected has served as the foundation for Hong
Kong's stability and prosperity.
(11) Section 301 of the Hong Kong Policy Act of 1992 (22
U.S.C. 5731) required the Secretary of State to issue reports
on conditions in Hong Kong of interest to the United States,
including the development of democratic institutions in Hong
Kong, and the last report under section 301 was issued on June
30, 2007.
(12) Failure to establish a genuine democratic option to
nominate and elect the Chief Executive of Hong Kong by 2017 and
to establish open and direct democratic elections for all
members of the Hong Kong Legislative Council by 2020 would
reduce confidence in the commitment of the Government of the
People's Republic of China to uphold its obligations under
international law, and would erode the ability of Hong Kong to
retain a high degree of autonomy.
(13) During an October 2014 session, the United Nations
Human Rights Committee, consisting of 18 independent experts,
reviewed China's compliance with the International Covenant on
Civil and Political Rights with respect to Hong Kong. According
to the session's chair, the Committee agreed on ``the need to
ensure universal suffrage, which means both the right to be
elected as well as the right to vote. The main concerns of
Committee members were focused on the right to stand for
elections without unreasonable restrictions.''. Another
Committee member said that the ``committee doesn't want
candidates filtered. The problem is that Beijing wants to vet
candidates.''.
(14) The Congressional-Executive Commission on China's 2014
Annual Report found that press freedom in Hong Kong is under
threat, including reports of ``violent attacks on individuals
associated with the press, self-censorship among journalists,
and pressure from the Hong Kong and central governments and
mainland Chinese businesses.''.
(15) The Hong Kong Journalists Association's 2014 Annual
Report noted that Hong Kong journalists rated self-censorship
at 6.9 on a 10-point scale, which the Association considered a
``low level'' of press freedom.
(16) Hong Kong ranked 61st among 180 countries in Reporters
Without Borders' 2014 World Press Freedom Index, down three
places from the previous year and a significant decline from
2002 when Hong Kong ranked 18th.
(17) By providing timely, uncensored, accurate information
in their native language, United States international broadcast
services, through the Broadcasting Board of Governors, help
those living in countries with poor human rights records, such
as China, to better defend their human rights and hold their
government accountable.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992, namely that--
(A) the United States has ``a strong interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``support for democratization is a fundamental
principle of United States foreign policy'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong'';
(D) human rights ``serve as a basis for Hong Kong's
continued economic prosperity''; and
(E) Hong Kong must remain sufficiently autonomous
from the People's Republic of China to justify a
different treatment under a particular law of the
United States, or any provision thereof, from that
accorded the People's Republic of China;
(2) to support the democratic aspirations of the people of
Hong Kong, as guaranteed to them by the Joint Declaration, the
Basic Law, the International Covenant on Civil and Political
Rights, and the Universal Declaration of Human Rights;
(3) to urge the Government of the People's Republic of
China to uphold its commitments to Hong Kong, including
allowing the people of Hong Kong to rule Hong Kong with a high
degree of autonomy and without undue interference, and ensuring
that Hong Kong voters freely enjoy the right to elect the Chief
Executive and all members of the Hong Kong Legislative Council
by universal suffrage;
(4) to support the establishment by 2017 of a genuine
democratic option to freely and fairly nominate and elect the
Chief Executive of Hong Kong, and the establishment by 2020 of
open and direct democratic elections for all members of the
Hong Kong Legislative Council; and
(5) to support press freedom and journalistic independence,
including the continuation of international broadcasting
programming in Cantonese that is readily accessible to
Cantonese speaking populations in China and in Hong Kong.
SEC. 4. REINSTATEMENT OF REPORTING REQUIREMENTS RELATED TO UNITED
STATES-HONG KONG RELATIONS.
Section 301 of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731) is amended--
(1) by striking ``Not later than'' and all that follows
through ``the Secretary of State'' and inserting ``Not later
than March 31, 2015, and annually thereafter for 10 years or
until such earlier date that the Secretary of State certifies
that Hong Kong has held free and fair elections for two
consecutive Chief Executive and two consecutive Legislative
Council periods, the Secretary of State'';
(2) by striking ``Speaker of the House of Representatives''
and inserting ``chairman of the Committee on Foreign Affairs of
the House of Representatives'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(9) matters in which Hong Kong is given separate
treatment under the laws of the United States from that
accorded to the People's Republic of China and in accordance
with this Act.''.
SEC. 5. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
Title II of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5721 et seq.) is amended by inserting after section 202 the
following new section:
``SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
``(a) Secretary of State Certification Requirement.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Hong Kong Human Rights and Democracy Act,
and annually thereafter, the Secretary of State shall certify
to Congress whether Hong Kong is sufficiently autonomous to
justify separate treatment different from that accorded the
People's Republic of China in any new laws, agreements,
treaties, or arrangements entered into between the United
States and Hong Kong after the date of the enactment of such
Act.
``(2) Factor for consideration.--In making a certification
under paragraph (1), the Secretary of State should consider the
terms, obligations, and expectations expressed in the Joint
Declaration with respect to Hong Kong.
``(3) Exception.--The certification under this subsection
shall not be required with respect to any new laws, agreements,
treaties, or arrangements that support human rights, rule of
law, or democracy in Hong Kong.
``(b) Waiver Authority.--The Secretary of State may waive the
application of subsection (a) if the Secretary--
``(1) determines that such a waiver is in the national
interests of the United States; and
``(2) on or before the date on which the waiver takes
effect, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a notice of and justification for the
waiver.''. | Hong Kong Human Rights and Democracy Act Amends the United States-Hong Kong Policy Act of 1992 to direct the Secretary of State to report to Congress on conditions in Hong Kong that are of U.S. interest by March 31, 2015, and annually thereafter for 10 years or until the Secretary certifies that Hong Kong has held free and fair elections for 2 consecutive Chief Executive and 2 consecutive Legislative Council periods. Directs the Secretary to certify to Congress annually whether Hong Kong is sufficiently autonomous to justify separate treatment different from that accorded to China in any new laws, agreements, treaties, or arrangements entered into between the United States and Hong Kong. Authorizes the President to waive this certification requirement if: (1) waiver is in the U.S. national interest, and (2) Congress is given a justification of the waiver on or before the date it takes effect. | Hong Kong Human Rights and Democracy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raw Sewage Overflow Community Right-
to-Know Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control estimates that there
are 7,100,000 cases of mild to moderate, and 560,000 cases of
moderate to severe, infectious waterborne disease in the United
States each year.
(2) Inadequately treated sewage is filled with bacteria,
viruses, parasites, and worms that make people sick.
(3) People who ingest or inhale inadequately treated sewage
can contract gastroenteritis, hepatitis, giardiasis,
cryptosporidiosis, dysentery, and other gastrointestinal and
respiratory diseases.
(4) Between 1,800,000 and 3,500,000 Americans become sick
every year just from swimming in waters contaminated by
sanitary sewer overflows.
(5) The loss of swimming opportunities (beach closings) due
to pathogen contamination is valued at $1,000,000,000 to
$2,000,000,000 annually in the United States.
(6) Economic losses due to swimming-related illnesses are
estimated at $28,000,000,000 annually.
(7) Many sewer systems do not routinely monitor to detect
sewer overflows or report those that do occur to environmental
or public health agencies.
(8) Better monitoring, reporting, and public notification
of sewer overflows would save millions of Americans from
getting sick every year.
(9) Public health authorities are not routinely notified of
sewer overflows that threaten public health.
SEC. 3. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(24) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include combined sewer overflows or other discharges from the
combined portions of a combined sewer system and does not
include wastewater backups into buildings caused by a blockage
or other malfunction of a building lateral that is privately
owned. Such term includes overflows or releases of wastewater
that reach waters of the United States, overflows or releases
of wastewater that do not reach waters of the United States,
and wastewater backups into buildings that are caused by
blockages or flow conditions in a sanitary sewer other than a
building lateral.''.
SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Sanitary Sewer Overflows.--
``(1) General requirements.--Not later than 1 year after
the date of enactment of this subsection, the owner or operator
of a publicly owned treatment works (as defined in section 212)
under a permit issued under this section--
``(A) must institute and utilize a methodology,
technology, or management program that will alert the
owner or operator to the occurrence of a sanitary sewer
overflow in a timely manner;
``(B) must notify the public of a sanitary sewer
overflow in any area where the overflow has the
potential to affect human health;
``(C) must notify the public as soon as practicable
within 24 hours of the time the owner or operator
becomes aware of the overflow;
``(D) must immediately notify public health
authorities and other affected entities, such as public
water systems, of any sanitary sewer overflow that may
imminently and substantially endanger human health;
``(E) must provide to the Administrator or the
State in the case of a State that has a permit program
approved under this section either an oral or
electronic report as soon as practicable within 24
hours of the time the owner or operator becomes aware
of the overflow;
``(F) must provide to the Administrator or the
State, as the case may be, within 5 days of the time
the owner or operator becomes aware of the overflow a
written report describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, and prevent recurrence of
the overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow;
``(G) must report all sanitary sewer overflows to
waters of the United States on its monthly discharge
monitoring report to the Administrator or the State, as
the case may be; and
``(H) must report to the Administrator or the
State, as the case may be, the total number of such
overflows (including overflows that do not reach any
waters of the United States) in a calendar year,
including the details of how much wastewater was
released per incident, the duration of each overflow,
the location of the overflow and any potentially
affected receiving waters, the responses taken to clean
up the overflow, and the actions taken to mitigate
impacts and avoid further sanitary sewer overflows at
the site.
``(2) Report to epa.--If a State receives a report under
paragraph (1)(H), the State shall report to the Administrator
annually, in summary, the details of reported sanitary sewer
overflows that occurred in that State.''.
SEC. 5. ELIGIBILITY FOR ASSISTANCE.
Section 603(c) of the Federal Water Pollution Control Act (33
U.S.C. 1383(c)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``320 of this Act'' the following:
``, and (4) for the implementation of requirements to monitor,
report, and notify the public of sanitary sewer overflows under
section 402''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums'' and all that
follows through the period at the end and inserting ``$2,200,000,000
for each of fiscal years 2006 through 2012.''. | Raw Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act to direct owners or operators of publicly owned treatment works to: (1) institute an alert system for sanitary sewer overflows; (2) notify the public of such overflows in areas where human health is potentially affected within 24 hours; (3) immediately notify public health authorities and other affected entities; and (4) provide specified reports to the Administrator of the Environmental Protection Agency (EPA) or the State.
Makes the alert systems eligible for State water pollution control revolving fund assistance. Authorizes appropriations for such fund through FY 2012. | To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Equity Act of 2007''.
SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) Repeal of Dollar Limitation; Increase in Phaseout Beginning
Point.--Subsection (b) of section 221 of the Internal Revenue Code of
1986 (relating to maximum deduction) 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 allowable as a deduction under this section
shall be reduced (but not below zero) by the amount determined
under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph is the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $100,000 ($200,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined--
``(A) without regard to this section and sections
199, 222, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, and 469.''.
(b) Conforming Amendment.--Section 221(f)(1) of such Code is
amended to read as follows:
``(1) In general.--In the case of a taxable year beginning
after 2008, the $100,000 and $200,000 amounts in subsection (b)
shall each 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) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 1992' in
subparagraph (B) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE
PERMANENT.
(a) Repeal of Termination.--Section 222 of the Internal Revenue
Code of 1986 is amended by striking subsection (e).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 4. EDUCATION SAVINGS ACCOUNTS.
(a) Increase in Allowable Contributions.--
(1) In general.--Clause (iii) of section 530(b)(1)(A) of
the Internal Revenue Code of 1986 is amended by striking
``$2,000'' and inserting ``$5,000''.
(2) Conforming amendment.--Section 4973(e)(1)(A) of such
Code is amended by striking ``$2,000'' and inserting
``$5,000''.
(b) Reports.--Subsection (h) of section 530 of such Code is amended
by striking the period at the end of the last sentence and inserting
``, except that reports shall be so filed and furnished for any
calendar year not later than June 30 of the following year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE
CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH
RESPECT TO HIGHER EDUCATION.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 (defining qualified scholarship) is amended by
inserting before the period at the end the following: ``or, in the case
of enrollment or attendance at an eligible educational institution, for
qualified higher education expenses.''.
(b) Definitions.--Subsection (b) of section 117 of such Code is
amended by adding at the end the following new paragraph:
``(3) Qualified higher education expenses; eligible
educational institution.--The terms `qualified higher education
expenses' and `eligible educational institution' have the
meanings given such terms in section 529(e).''.
(c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of
such Code (relating to special rules for teaching and research
assistants) is amended by striking ``shall be applied as if it did not
contain the phrase `(below the graduate level)'.'' and inserting
``shall be applied--
``(A) as if it did not contain the phrase `(below
the graduate level)', and
``(B) by substituting `qualified higher education
expenses' for `tuition' the second place it appears.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 6. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE
SCHOLARSHIP CREDIT.
(a) Qualified Tuition and Related Expenses Expanded To Include
Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the
Internal Revenue Code of 1986 (defining qualified tuition and related
expenses) is amended by adding at the end the following new
subparagraph:
``(D) Additional expenses allowed for hope
scholarship credit.--For purposes of the Hope
Scholarship Credit, such term shall include fees,
books, supplies, and equipment required for courses of
instruction at the eligible educational institution.''.
(b) Hope Scholarship Credit Not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the Hope
Scholarship Credit, paragraph (2) shall not apply to amounts
paid for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Expanded Hope Expenses Not Subject to Information Reporting
Requirements.--Subsection (e) of section 6050S of such Code (relating
to definitions) is amended by striking ``subsection (g)(2)'' and
inserting ``subsections (f)(1)(D) and (g)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007 (in tax years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 7. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION
PROVISIONS.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (relating to sunset of provisions of such Act) shall not apply
to subtitles A, B, and D of title IV of such Act. | Higher Education Affordability and Equity Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants.
Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act. | To amend the Internal Revenue Code of 1986 to expand incentives for education. |
OF DISPUTES AND CLAIMS.
(a) Relinquishment, Extinguishment, and Compromise of Santo Domingo
Claims.--
(1) Extinguishment.--
(A) In general.--Subject to paragraph (2), in
consideration of the benefits provided under this Act,
and in accordance with the Settlement Agreement
pursuant to which the Pueblo has agreed to relinquish
and compromise certain claims, the Pueblo's land and
trespass claims described in subparagraph (B) are
hereby extinguished, effective as of the date specified
in paragraph (5).
(B) Claims.--The claims described in this
subparagraph are the following:
(i) With respect to the Pueblo's claims
against the United States, its agencies,
officers, and instrumentalities, all claims to
land, whether based on aboriginal or recognized
title, and all claims for damages or other
judicial relief or for administrative remedies
pertaining in any way to the Pueblo's land,
such as boundary, trespass, and mismanagement
claims, including any claim related to--
(I) any federally administered
lands, including National Forest System
lands designated in the Settlement
Agreement for possible sale or exchange
to the Pueblo;
(II) any lands owned or held for
the benefit of any Indian tribe other
than the Pueblo; and
(III) all claims which were, or
could have been brought against the
United States in docket No. 355,
pending in the United States Court of
Federal Claims.
(ii) With respect to the Pueblo's claims
against persons, the State of New Mexico and
its subdivisions, and Indian tribes other than
the Pueblo, all claims to land, whether based
on aboriginal or recognized title, and all
claims for damages or other judicial relief or
for administrative remedies pertaining in any
way to the Pueblo's land, such as boundary and
trespass claims.
(iii) All claims listed on pages 13894-
13895 of volume 48 of the Federal Register,
published on March 31, 1983, except for claims
numbered 002 and 004.
(2) Rule of construction.--Nothing in this Act (including
paragraph (1)) shall be construed--
(A) to in any way effectuate an extinguishment of
or otherwise impair--
(i) the Pueblo's title to lands acquired by
or for the benefit of the Pueblo since December
28, 1927, or in a tract of land of
approximately 150.14 acres known as the
``sliver area'' and described on a plat which
is appendix H to the Settlement Agreement;
(ii) the Pueblo's title to land within the
Santo Domingo Pueblo Grant which the Pueblo
Lands Board found not to have been
extinguished; or
(iii) the Pueblo's water rights appurtenant
to the lands described in clauses (i) and (ii);
and
(B) to expand, reduce, or otherwise impair any
rights which the Pueblo or its members may have under
existing Federal statutes concerning religious and
cultural access to and uses of the public lands.
(3) Confirmation of determination.--The Pueblo Lands
Board's determination on page 1 of its Report of December 28,
1927, that Santo Domingo Pueblo title, derived from the Santo
Domingo Pueblo Grant to the lands overlapped by the La Majada,
Sitio de Juana Lopez and Mesita de Juana Lopez Grants has been
extinguished is hereby confirmed as of the date of that Report.
(4) Transfers prior to enactment.--
(A) In general.--In accordance with the Settlement
Agreement, any transfer of land or natural resources,
prior to the date of enactment of this Act, located
anywhere within the United States from, by, or on
behalf of the Pueblo, or any of the Pueblo's members,
shall be deemed to have been made in accordance with
the Act of June 30, 1834 (4 Stat. 729; commonly
referred to as the Trade and Intercourse Act), section
17 of the Act of June 7, 1924 (43 Stat. 641; commonly
referred to as the Pueblo Lands Act), and any other
provision of Federal law that specifically applies to
transfers of land or natural resources from, by, or on
behalf of an Indian tribe, and such transfers shall be
deemed to be ratified effective as of the date of the
transfer.
(B) Rule of construction.--Nothing in subparagraph
(A) shall be construed to affect or eliminate the
personal claim of any individual Indian which is
pursued under any law of general applicability that
protects non-Indians as well as Indians.
(5) Effective date.--The provisions of paragraphs (1), (3),
and (4) shall take effect upon the entry of a compromise final
judgment, in a form and manner acceptable to the Attorney
General, in the amount of $8,000,000 in the case of Pueblo of
Santo Domingo v. United States (Indian Claims Commission docket
No. 355). The judgment so entered shall be paid from funds
appropriated pursuant to section 1304 of title 31, United
States Code.
(b) Trust Funds; Authorization of Appropriations.--
(1) Establishment.--There is hereby established in the
Treasury a trust fund to be known as the ``Pueblo of Santo
Domingo Land Claims Settlement Fund''. Funds deposited in the
Fund shall be subject to the following conditions:
(A) The Fund shall be maintained and invested by
the Secretary of the Interior pursuant to the Act of
June 24, 1938 (25 U.S.C. 162a).
(B) Subject to the provisions of paragraph (3),
monies deposited into the Fund may be expended by the
Pueblo to acquire lands within the exterior boundaries
of the exclusive aboriginal occupancy area of the Pueblo, as described
in the Findings of Fact of the Indian Claims Commission, dated May 9,
1973, and for use for education, economic development, youth and
elderly programs, or for other tribal purposes in accordance with plans
and budgets developed and approved by the Tribal Council of the Pueblo
and approved by the Secretary.
(C) If the Pueblo withdraws monies from the Fund,
neither the Secretary nor the Secretary of the Treasury
shall retain any oversight over or liability for the
accounting, disbursement, or investment of such
withdrawn monies.
(D) No portion of the monies described in
subparagraph (C) may be paid to Pueblo members on a per
capita basis.
(E) The acquisition of lands with monies from the
Fund shall be on a willing-seller, willing-buyer basis,
and no eminent domain authority may be exercised for
purposes of acquiring lands for the benefit of the
Pueblo pursuant to this Act.
(F) The provisions of Public Law 93-134, governing
the distribution of Indian claims judgment funds, and
the plan approval requirements of section 203 of Public
Law 103-412 shall not be applicable to the Fund.
(2) Authorization of appropriations.--There are authorized
to be appropriated $15,000,000 for deposit into the Fund, in
accordance with the following schedule:
(A) $5,000,000 to be deposited in the fiscal year
which commences on October 1, 2001.
(B) $5,000,000 to be deposited in the next fiscal
year.
(C) The balance of the funds to be deposited in the
third consecutive fiscal year.
(3) Limitation on disbursal.--Amounts authorized to be
appropriated to the Fund under paragraph (2) shall not be
disbursed until the following conditions are met:
(A) The case of Pueblo of Santo Domingo v. Rael
(No. CIV-83-1888) in the United States District Court
for the District of New Mexico, has been dismissed with
prejudice.
(B) A compromise final judgment in the amount of
$8,000,000 in the case of Pueblo of Santo Domingo v.
United States (Indian Claims Commission docket No. 355)
in a form and manner acceptable to the Attorney
General, has been entered in the United States Court of
Federal Claims in accordance with subsection (a)(5).
(4) Deposits.--Funds awarded to the Pueblo consistent with
subsection (c)(2) in docket No. 355 of the Indian Claims
Commission shall be deposited into the Fund.
(c) Activities Upon Compromise.--On the date of the entry of the
final compromise judgment in the case of Pueblo of Santo Domingo v.
United States (Indian Claims Commission docket No. 355) in the United
States Court of Federal Claims, and the dismissal with prejudice of the
case of Pueblo of Santo Domingo v. Rael (No. CIV-83-1888) in the United
States District Court for the District of New Mexico, whichever occurs
later--
(1) the public lands administered by the Bureau of Land
Management and described in section 6 of the Settlement
Agreement, and consisting of approximately 4,577.10 acres of
land, shall thereafter be held by the United States in trust
for the benefit of the Pueblo, subject to valid existing rights
and rights of public and private access, as provided for in the
Settlement Agreement;
(2) the Secretary of Agriculture is authorized to sell and
convey National Forest System lands and the Pueblo shall have
the exclusive right to acquire these lands as provided for in
section 7 of the Settlement Agreement, and the funds received
by the Secretary of Agriculture for such sales shall be
deposited in the fund established under the Act of December 4,
1967 (16 U.S.C. 484a) and shall be available to purchase non-
Federal lands within or adjacent to the National Forests in the
State of New Mexico;
(3) lands conveyed by the Secretary of Agriculture pursuant
to this section shall no longer be considered part of the
National Forest System and upon any conveyance of National
Forest lands, the boundaries of the Santa Fe National Forest
shall be deemed modified to exclude such lands;
(4) until the National Forest lands are conveyed to the
Pueblo pursuant to this section, or until the Pueblo's right to
purchase such lands expires pursuant to section 7 of the
Settlement Agreement, such lands are withdrawn, subject to
valid existing rights, from any new public use or entry under
any Federal land law, except for permits not to exceed 1 year,
and shall not be identified for any disposition by or for any agency,
and no mineral production or harvest of forest products shall be
permitted, except that nothing in this subsection shall preclude forest
management practices on such lands, including the harvest of timber in
the event of fire, disease, or insect infestation; and
(5) once the Pueblo has acquired title to the former
National Forest System lands, these lands may be conveyed by
the Pueblo to the Secretary of the Interior who shall accept
and hold such lands in the name of the United States in trust
for the benefit of the Pueblo.
SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO PUEBLO
GRANT.
(a) In General.--The boundaries of the Santo Domingo Pueblo Grant,
as determined by the 1907 Hall-Joy Survey, confirmed in the Report of
the Pueblo Lands Board, dated December 28, 1927, are hereby declared to
be the current boundaries of the Grant and any lands currently owned by
or on behalf of the Pueblo within such boundaries, or any lands
hereinafter acquired by the Pueblo within the Grant in fee simple
absolute, shall be considered to be Indian country within the meaning
of section 1151 of title 18, United States Code.
(b) Limitation.--Any lands or interests in lands within the Santo
Domingo Pueblo Grant, that are not owned or acquired by the Pueblo,
shall not be treated as Indian country within the meaning of section
1151 of title 18, United States Code.
(c) Acquisition of Federal Lands.--Any Federal lands acquired by
the Pueblo pursuant to section 5(c)(1) shall be held in trust by the
Secretary for the benefit of the Pueblo, and shall be treated as Indian
country within the meaning of section 1151 of title 18, United States
Code.
(d) Land Subject to Provisions.--Any lands acquired by the Pueblo
pursuant to section 5(c), or with funds subject to section 5(b), shall
be subject to the provisions of section 17 of the Act of June 7, 1924
(43 Stat. 641; commonly referred to as the Pueblo Lands Act).
(e) Rule of Construction.--Nothing in this Act or in the Settlement
Agreement shall be construed to--
(1) cloud title to federally administered lands or non-
Indian or other Indian lands, with regard to claims of title
which are extinguished pursuant to section 5; or
(2) affect actions taken prior to the date of enactment of
this Act to manage federally administered lands within the
boundaries of the Santo Domingo Pueblo Grant.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Authorization for Acquisition of State Trust Lands.--Not later
than 2 years after the date of the enactment of this Act, the Secretary
shall acquire by exchange the State trust lands in township 15 north,
range 4 east, section 2, and all interests therein, including
improvements, mineral rights, and water rights. In exercising the
authority to acquire such lands by exchange, the Secretary is
authorized to use unappropriated public lands within the State of New
Mexico. The properties so exchanged shall be of approximately equal
value and the Secretary may credit or debit the ledger account
established in the Memorandum of Understanding between the Bureau of
Land Management, the New Mexico State Land Office, and the New Mexico
Commissioner of Public Lands, in order to equalize the values of the
properties exchanged. Once such lands are acquired, the Secretary shall
convey such lands to the Pueblo by sale, exchange, or otherwise, and
the Pueblo shall have the exclusive right to acquire these lands. Once
the Pueblo has acquired title to the former State trust lands, these
lands may be conveyed by the Pueblo to the Secretary who shall accept
and hold such lands in the name of the United States in trust for the
benefit of the Pueblo.
(b) Authorization for Exchange of Restricted Lands.--Authorization
is hereby given for the exchange of restricted land of the Pueblo for
lands private title to which was put in issue in the lawsuit styled
Pueblo of Santo Domingo v. Rael (Civil No. 83-1888) (D.N.M.). Any land
exchange agreements between the Pueblo and any of the parties to such
lawsuit that are executed no later than December 31, 2001, are hereby
approved. Nothing in this section shall be construed to limit the
provision of section 5(a) pertaining to the extinguishment of the land
claims of the Pueblo. The lands to which the Pueblo acquires title in
such land exchange agreements may be conveyed by the Pueblo to the
Secretary, who shall accept and hold such lands in the name of the
United States in trust for the benefit of the Pueblo.
(c) Boundary Dispute Resolutions Approved.--Resolutions 97-010 and
C 22-99 enacted by the Tribal Council of the Pueblo de Cochiti, and
Resolution S.D. 12-99-36 enacted by the Tribal Council of the Pueblo of
Santo Domingo, pertaining to boundary disputes between the Pueblo de
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including
the Pueblo de Cochiti's agreement to relinquish its claim to the
southwest corner of its Spanish land grant, to the extent of its
overlap with the Santo Domingo Pueblo Grant, and to disclaim any right
to receive compensation from the United States or any other party with
respect to such overlapping lands. | Extinguishes certain Pueblo land and trespass claims. Sets forth provisions relating to the treatment of land or natural resources transferred by the Pueblo prior to this Act's enactment and ratifies such transfers. Makes this paragraph effective upon the entry of a compromise final judgment in the case of Pueblo of Santo Domingo v. United States.
Establishes the Pueblo of Santo Domingo Land Claims Settlement Fund from which funds may be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo and for other tribal purposes. Authorizes appropriations. Prohibits disbursal of amounts in the Fund until: (1) the case of Pueblo of Santo Domingo v. Rael has been dismissed with prejudice; and (2) the compromise final judgment described above has been entered in the U.S. Court of Federal Claims.
Declares the boundaries of the Santo Domingo Pueblo Grant as determined by the 1907 Hall-Joy Survey to be the current boundaries and that any lands currently owned or hereafter acquired by the Pueblo within such boundaries or the Grant shall be considered to be Indian country.
Directs the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights. Requires the properties so exchanged to be of approximately equal value. Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire them. Permits the conveyance of such lands by the Pueblo to the Secretary who shall hold them in trust for the Pueblo's benefit.
Authorizes the exchange of the Pueblo's restricted land for lands private title to which was put at issue in Pueblo of Santo Domingo v. Rael. Approves any land exchange agreements between the Pueblo and any of the parties to such lawsuit that are executed no later than December 31, 2001. Permits the Pueblo to convey lands the Pueblo acquires to the Secretary who shall hold them in trust for the Pueblo's benefit.
Approves specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo, including the Pueblo de Cochiti's agreement to relinquish its claim to the southwest corner of its Spanish Land Grant, to the extent of its overlap with the Santo Domingo Pueblo Grant, and to disclaim any right to receive compensation from the United States or any other party with respect to such overlapping lands. | Santo Domingo Pueblo Claims Settlement Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Productivity and Economic
Growth Act of 2002''.
SEC. 2. ADOPTION OF THE HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
(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 168
the following new section:
``SEC. 168A. HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any high productivity property as an expense not chargeable to
capital account. Any cost so treated shall be allowed as a deduction in
the taxable year in which the high productivity property is placed in
service.
``(b) Definition of High Productivity Property.--
``(1) In general.--Except as provided in paragraph (3), the
term `high productivity property' means any--
``(A) computer,
``(B) computer related peripheral equipment,
``(C) computer based machinery,
``(D) electronic diagnostic equipment,
``(E) electronic control equipment,
``(F) other electronic, electromechanical, laser or
computer based equipment,
``(G) computer software,
``(H) equipment used in the manufacture of
semiconductors,
``(I) high technology medical equipment,
``(J) advanced technology communications equipment,
``(K) optical fiber and photonics equipment,
``(L) advanced environmental products,
``(M) advanced life science products, or
``(N) new high productivity assets.
``(2) Definitions.--For purposes of this subsection:
``(A) Computer.--The term `computer' means a
programmable electronically activated device which--
``(i) is capable of accepting information,
applying prescribed processes to the
information, and supplying the results of those
processes, and
``(ii) consists of a central processing
unit containing extensive storage, logic,
arithmetic and control capabilities.
``(B) Computer related peripheral equipment.--The
term `computer related peripheral equipment' means any
auxiliary machine or other equipment (whether on-line
or off-line) which is designed to be placed under the
control of the central processing unit of a computer
(as determined without regard to whether such machine
or equipment is an integral part of other property
which is not a computer).
``(C) Computer based machinery.--The term `computer
based machinery' means any machine which--
``(i) cuts, forms, shapes, drills, bores,
mixes, paints, seals, welds, or otherwise
transforms material, or
``(ii) handles, conveys, assembles, or
packages materials or products,
by responding to electronically stored information and
programmed commands.
``(D) Electronic diagnostic equipment.--The term
`electronic diagnostic equipment' means equipment that
uses electronic components to sense or monitor
location, size, volume, surface characteristics,
pressure, temperature, speed, chemical composition, or
other similar characteristics.
``(E) Electronic control equipment.--The term
`electronic control equipment' means equipment that
electronically controls pressure, temperature, size,
volume, composition purity or other similar
characteristics.
``(F) High technology medical equipment.--The term
`high technology medical equipment' means any
electronic, electromechanical, or computer-based high
technology equipment used in the screening, monitoring,
observation, diagnosis, or treatment of patients in a
laboratory, medical, or hospital environment.
``(G) Advanced technology communications
equipment.--The term `advanced technology
communications equipment' means equipment used in the
transmission or reception of voice, data, video,
paging, messaging, or other communications services
that are delivered using packet technology. A packet is
a unit of data, or sequence of binary digits, that is
routed between an origin and a destination on a packet-
switched network.
``(H) Optical fiber and photonics equipment.--The
term `optical fiber and photonics equipment' means
optical fiber and the equipment and materials used to
generate, manipulate and direct light particles over
such fiber.
``(I) Advanced environmental products.--The term
`advanced environmental product' means any high cell
density ceramic or other device used for the control of
nitrogen oxide and particulate emissions.
``(J) Advanced life sciences products.--The term
`advanced life sciences product' means any polymer,
ceramic or high-purity glass product used in biological
research.
``(K) New high productivity assets.--
``(i) In general.--The term `new high
productivity assets' means any asset utilizing
1 or more technological or scientific processes
which were not in common commercial use before
January 1, 2001.
``(ii) Determinations.--The Secretary shall
establish procedures pursuant to which
taxpayers can seek a public ruling that a
particular class of assets qualifies as new
high productivity assets. The procedures shall
require the Secretary to provide a
determination within 90 days of receipt of a
properly completed request for a public ruling.
``(3) Excluded property.--The term `high productivity
property' shall not include--
``(A) an entire car, locomotive, aircraft, ship or
other vehicle solely because the vehicle is controlled
in whole or part by a computer or other electronic
equipment,
``(B) any equipment of a kind used primarily for
entertainment or amusement of the user, and
``(C) typewriters, calculators, copiers,
duplication equipment, and other similar equipment.
``(c) Election.-- An election under this section for any taxable
year shall--
``(1) be made on an asset by asset basis, and
``(2) be made on the taxpayer's return of the tax imposed
by this chapter for the taxable year.
``(d) Special Rules.--
``(1) Cost.--For purposes of this section, the cost of
property does not include so much of the basis of such property
as is determined by reference to the basis of other property
held at any time by the person acquiring such property.
``(2) Antichurning rules.--
``(A) In general.--This section shall not apply to
any property acquired by the taxpayer after September
10, 2002, if--
``(i) the property was owned or used at any
time during the period beginning on January 1,
2001, and ending on September 10, 2002, by the
taxpayer or a related person,
``(ii) the property was owned or used at
any time during the period described in clause
(i), and, as part of the transaction, the user
of the property does not change,
``(iii) the taxpayer leases such property
to a person (or a person related to such
person) who owned or used such property at any
time during the period described in clause (i),
or
``(iv) the property is acquired in a
transaction as part of which the user of such
property does not change and the property was
acquired from a person to which clause (ii) or
clause (iii) applies.
``(B) Applicable cost recovery rules.--Section 168
shall apply to any property to which this section does
not apply by reason of this paragraph.
``(C) Special rules.--For purposes of this
paragraph--
``(i) property shall not be treated as
owned before it is placed in service, and
``(ii) whether the user of a property
changes will be determined in accordance with
regulations prescribed by the Secretary.
``(3) Recapture in certain cases.--The Secretary shall, by
regulations, provide for the recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business
at any time.
``(4) Alternative depreciation system applies.--The
election under subsection (a) may not be made with respect to
property which at any time during the taxable year in which
such property is placed in service is--
``(A) described in paragraph (1) of section
168A(g), or
``(B) `listed property' `not predominantly used in
a qualified business use' as such terms apply for
purposes of paragraph (1) of 280F(b).''.
(b) Conforming Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding after
section 168 the following new item:
``Sec. 168A. High productivity investment
deduction.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2002, with
respect to taxable years beginning after such date.
SEC. 3. 30 PERCENT EXPENSING FOR CERTAIN PROPERTY ACQUIRED AFTER
SEPTEMBER 10, 2001, MADE PERMANENT.
(a) Repeal of Limitations.--
(1) Acquisition limitation.--Section 168(k)(2) of the
Internal Revenue Code of 1986 is amended by striking ``, and
before September 11, 2004'' each place it appears in
subparagraphs (A)(iii) and (D)(i).
(2) Placed in service limitation.--Subparagraph (A) of
section 168(k)(2) of such Code is amended by inserting ``and''
at the end of clause (ii), by striking ``, and'' at the end of
clause (iii) and inserting a period, and by striking clause
(iv).
(3) Basis limitation for certain property.--Subparagraph
(B) of section 168(k)(2) of such Code is amended by striking
clause (ii) and redesignating clause (iii) as clause (ii).
(b) Syndications.--Subparagraph (D) of section 168(k)(2) of such
Code (relating to special rules) is amended by adding at the end the
following:
``(iii) Syndications.--For purposes of
subparagraph (A)(ii), if property--
``(I) is treated as originally
placed in service after September 10,
2001, either directly or by a lessor of
such property or pursuant to
subparagraph (D)(ii), and
``(II) is sold within 6 months
after such property is so placed in
service,
such property shall be treated as originally
placed in service not earlier than the date of
such sale.''.
(c) Conforming Amendment.--The heading of subsection (k) of section
168 of such Code is amended by striking ``, and Before September 11,
2004''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after September 10, 2002, in taxable years beginning
after such date.
(2) Subsection (b).--The amendment made by subsection (b)
shall take effect as if included in the amendments made by
section 101 of the Job Creation and Worker Assistance Act of
2002.
SEC. 4. DEPRECIATION RULES NOT MODIFIED FOR PURPOSES OF ALTERNATIVE
MINIMUM TAX.
(a) Determination of Alternative Taxable Income.--Paragraph (1) of
section 56(a) of the Internal Revenue Code of 1986 (relating to
depreciation) is amended by adding at the end the following new
subparagraph:
``(E) Termination.--This paragraph shall not apply
to property placed in service after September 10, 2002,
in taxable years beginning after such date.''.
(b) Determination of Adjusted Current Earnings.--Subparagraph (A)
of section 56(g)(4) of such Code (relating to depreciation) is amended
by adding at the end the following new clause:
``(vi) Termination.--This subparagraph
shall not apply to property placed in service
after September 10, 2002, in taxable years
beginning after such date.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2002, in
taxable years beginning after such date. | Introduced High Productivity Investment Act of 2001 - Amends the Internal Revenue Code to allow the expensing of the cost of high productivity property (defined as certain computer and computer related property, electronic equipment, semiconductor manufacturing equipment, optical fiber equipment, advanced environmental or life science products, and etc.). Directs that an election to treat property in such a fashion shall be made on an asset by asset basis, and that the cost of such property shall not include so much of the basis as is determined by reference to the basis of other property held at any time by the taxpayer. Provides for a recapture if the property is not used predominately in a trade or business at any time.Excludes certain property from qualifying for high productivity expensing.Makes permanent the 30 percent expensing for certain property acquired after September 10, 2001.Prescribes that the depreciation rules shall not be modified for purposes of the alternative minimum tax. | To amend the Internal Revenue Code of 1986 to encourage investment in high productivity property, and for other purposes. |
SECTION 1. CERTAIN ENTRIES OF AQUASCAPE RELAXATION BUBBLE LIGHTS.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
date of the enactment of this Act--
(1) reliquidate each entry described in subsection (c)
containing any merchandise which, at the time of original
liquidation, had been classified under subheading 9405.40.80 of
the Harmonized Tariff Schedule of the United States; and
(2) make such reliquidation at the rate of duty that would
have been applicable to such merchandise if the merchandise had
been liquidated under subheading 8543.89.96 of such Schedule on
the date of entry of the merchandise.
(b) Refund of Amounts Owed.--Any amounts owed by the United States
under subsection (a) shall be refunded with interest.
(c) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry Date of liquidation Port
101-4186364-6 11/20/00 10/05/01 Detroit
101-4186353-9 11/20/00 10/05/01 Detroit
101-4186322-4 11/20/00 10/05/01 Detroit
101-4186371-1 11/20/00 10/05/01 Detroit
101-4186358-8 11/20/00 10/05/01 Detroit
101-4186385-1 11/20/00 10/05/01 Detroit
101-4186382-8 11/20/00 10/05/01 Detroit
101-4189666-1 11/20/00 10/05/01 Detroit
101-4189655-4 11/20/00 10/05/01 Detroit
101-4189658-8 11/20/00 10/05/01 Detroit
101-4189640-6 11/21/00 10/05/01 Detroit
101-4183436-5 11/22/00 10/05/01 Detroit
101-4192528-8 11/22/00 10/05/01 Detroit
101-4192524-7 11/22/00 10/05/01 Detroit
101-4192509-8 11/22/00 10/05/01 Detroit
101-4192503-1 11/22/00 10/05/01 Detroit
101-4189490-6 11/22/00 10/05/01 Detroit
101-4192545-2 11/27/00 10/12/01 Detroit
101-4192732-6 11/27/00 10/12/01 Detroit
101-4192564-1 11/27/00 10/12/01 Detroit
101-4192559-3 11/27/00 10/12/01 Detroit
101-4189498-9 11/27/00 10/12/01 Detroit
101-4189484-9 11/27/00 10/12/01 Detroit
101-4195780-2 11/28/00 10/12/01 Detroit
101-4189503-6 11/28/00 10/12/01 Detroit
101-4195773-7 11/30/00 10/12/01 Detroit
101-4192716-9 11/30/00 10/12/01 Detroit
101-4195869-3 12/07/00 10/19/01 Detroit
101-4195801-6 12/07/00 10/19/01 Detroit
101-4200581-7 12/13/00 10/26/01 Detroit
101-4190125-5 11/20/00 10/05/01 New York
101-4196565-6 11/29/00 10/12/01 Los Angeles
101-4196592-0 11/29/00 10/12/01 Los Angeles
101-4196576-2 11/29/00 10/12/01 Los Angeles
101-4196584-7 11/29/00 10/12/01 Los Angeles
101-4197560-6 12/01/00 10/12/01 Los Angeles
101-4197534-1 12/01/00 10/12/01 Los Angeles
101-4197529-1 12/01/00 10/12/01 Los Angeles
101-4197012-8 12/01/00 10/12/01 Los Angeles
101-4197007-8 12/01/00 10/12/01 Los Angeles
101-4197003-7 12/01/00 10/12/01 Los Angeles
101-4197569-1 12/01/00 10/12/01 Los Angeles
101-4197572-1 12/01/00 10/12/01 Los Angeles
101-4197610-9 12/01/00 10/12/01 Los Angeles
101-4197566-3 12/01/00 10/12/01 Los Angeles
101-4197612-5 12/01/00 10/12/01 Los Angeles
101-4197608-3 12/01/00 10/12/01 Los Angeles
101-4197605-9 12/01/00 10/12/01 Los Angeles
101-4197602-6 12/01/00 10/12/01 Los Angeles
101-4197598-6 12/01/00 10/12/01 Los Angeles
101-4197594-5 12/01/00 10/12/01 Los Angeles
101-4197593-7 12/01/00 10/12/01 Los Angeles
101-4197586-1 12/01/00 10/12/01 Los Angeles
101-4197580-4 12/01/00 10/12/01 Los Angeles
101-4197866-7 12/02/00 10/12/01 Los Angeles
101-4197861-8 12/02/00 10/12/01 Los Angeles
101-4197854-3 12/02/00 10/12/01 Los Angeles
101-4197837-8 12/02/00 10/12/01 Los Angeles
101-4197832-9 12/02/00 10/12/01 Los Angeles
101-4197828-7 12/02/00 10/12/01 Los Angeles
101-4197821-2 12/02/00 10/12/01 Los Angeles
101-4197814-7 12/02/00 10/12/01 Los Angeles
101-4290942-2 06/11/01 04/26/02 Los Angeles
101-4290950-5 06/11/01 04/26/02 Los Angeles
101-4290958-8 06/11/01 04/26/02 Los Angeles
101-4292986-7 06/14/01 04/26/02 Los Angeles
101-4290933-1 06/14/01 04/26/02 Los Angeles
101-4292927-1 06/14/01 04/26/02 Los Angeles
101-4292977-6 06/14/01 04/26/02 Los Angeles
101-4292998-2 06/14/01 04/26/02 Los Angeles
101-4292949-5 06/14/01 04/26/02 Los Angeles
101-4293850-4 06/15/01 04/26/02 Los Angeles
101-4293843-9 06/16/01 04/26/02 Los Angeles
101-4304621-6 07/18/01 05/31/02 Los Angeles
101-4304625-7 07/18/01 05/31/02 Los Angeles
101-4304635-6 07/18/01 05/31/02 Los Angeles
101-4304639-8 07/18/01 05/31/02 Los Angeles
101-4304642-2 07/18/01 05/31/02 Los Angeles
101-4304646-3 07/18/01 05/31/02 Los Angeles
101-4305972-2 07/19/01 05/31/02 Los Angeles
101-4305717-1 07/19/01 05/31/02 Los Angeles
101-4305983-9 07/19/01 05/31/02 Los Angeles
101-4305990-4 07/19/01 05/31/02 Los Angeles
101-4306202-3 07/19/01 05/31/02 Los Angeles
101-4306209-8 07/19/01 05/31/02 Los Angeles
101-4306215-5 07/19/01 05/31/02 Los Angeles
101-4306229-5 07/19/01 05/31/02 Los Angeles
101-4306526-5 07/23/01 06/07/02 Los Angeles
101-4306956-4 07/23/01 06/07/02 Los Angeles
101-4307074-5 07/23/01 06/07/02 Los Angeles
101-4307082-8 07/23/01 06/07/02 Los Angeles
101-4307089-3 07/23/01 06/07/02 Los Angeles
101-4306264-3 07/23/01 06/07/02 Los Angeles
101-4306271-8 07/23/01 06/07/02 Los Angeles
101-4306266-8 07/23/01 06/07/02 Los Angeles
101-4309073-5 07/30/01 06/14/02 Los Angeles
101-4309081-8 07/30/01 06/14/02 Los Angeles
101-4309088-3 07/30/01 06/14/02 Los Angeles
101-4296490-6 06/27/01 05/10/02 Memphis
101-4296494-8 06/27/01 05/10/02 Memphis
101-4296484-9 06/27/01 05/10/02 Memphis
101-4297007-7 07/01/01 05/17/02 Memphis
101-4299853-2 07/02/01 05/17/02 Memphis
101-4299857-3 07/03/01 05/17/02 Memphis
101-4299852-7 07/04/01 05/17/02 Memphis
101-4299849-0 07/05/01 05/17/02 Memphis
101-4305085-3 07/18/01 05/31/02 Memphis
101-4305687-6 07/23/01 06/07/02 Memphis
101-4305691-8 07/25/01 06/07/02 Memphis
101-4310232-4 08/06/01 06/21/02 Memphis
101-4310244-9 08/06/01 06/21/02 Memphis
101-4310264-7 08/06/01 06/21/02 Memphis
101-4301900-7 07/05/01 05/17/02 Kansas City
101-4295391-7 06/27/01 05/10/02 Baltimore
101-4301912-2 07/07/01 05/17/02 Cleveland
101-4307147-9 07/27/01 06/07/02 Cleveland
101-4297779-1 06/22/01 05/03/02 Detroit
101-4298131-4 06/27/01 05/10/02 Detroit
101-4298139-7 06/27/01 05/10/02 Detroit
101-4298156-1 06/27/01 05/10/02 Detroit
101-4298163-7 06/27/01 05/10/02 Detroit
101-4299867-2 07/05/01 05/17/02 Detroit
101-4299850-8 07/05/01 05/17/02 Detroit
101-4299967-0 07/05/01 05/17/02 Detroit
101-4306298-1 07/30/01 06/14/02 Detroit
101-4301497-4 07/14/01 05/24/02 Norfolk
101-4304076-3 07/10/01 05/24/02 Chicago | Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of aquascape relaxation bubble lights; (2) make such reliquidation at the rate of duty that would have been applicable to such merchandise if it had been liquidated under a specified subheading of the Harmonized Tariff Schedule of the United States on its date of entry; and (3) refund any amounts owed with interest. | To provide for the reliquidation of certain entries. |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Gallatin Range Consolidation
and Protection Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) It has been the clear policy of the Federal Government
since 1925 to consolidate the checkerboard lands along the
Gallatin Range north of Yellowstone National Park.
(2) These lands north of Yellowstone possess outstanding
natural characteristics and wildlife habitat which give them
high value as lands added to the National Forest System.
(3) Although these lands have remained pristine up till now
failure to consolidate at this time will in the near future
lead to fragmentation and development.
(4) The Federal Government has already invested a great
deal in keeping the lands along the Gallatin Range protected
from excess development.
SEC. 3. PLUM CREEK LAND EXCHANGE--GALLATIN AREA.
(a) In General.--The Secretary of Agriculture, hereinafter called
the Secretary, shall, subject to the provisions of section 4(b) and
section 5(b) and, notwithstanding any other law, acquire by exchange
and cash equalization in the amount of $3,400,000, certain lands and
interests in land of the Plum Creek Timber, L.P. (referred to in this
section as the ``company'') in and adjacent to the Hyalite-Porcupine-
Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and
other land in the Gallatin National Forest in accordance with this
section.
(b)(1) Description of Lands.--If the company offers to the United
States the fee title, including mineral interests, to approximately
37,752 and \15/100\ acres of land owned by the company which is
available for exchange to the United States as depicted on a map
entitled ``Plum Creek Timber and Forest Service Proposed Gallatin Land
Exchange'', dated May 20, 1988, the Secretary shall accept a warranty
deed to such land and, in exchange therefor, and subject to valid
existing rights, recommend that the Secretary of the Interior convey,
subject to valid existing rights, by patent the fee title to
approximately 12,414 and \6/100\ acres of National Forest system lands
available for exchange to the company as depicted on such map, subject
to--
(A) the reservation of ditches and canals required by the
Act entitled ``An Act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-one, and for other
purposes'', approved August 30, 1890 (26 Stat. 391; 43 U.S.C.
945);
(B) the reservation of rights under Federal Oil and Gas
Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736,
and 38684; and
(C) such other terms, conditions, reservations and
exceptions as may be agreed upon by the Secretary and the
company.
(2) On termination or relinquishment of the leases referred to in
paragraph (1), all the rights and interests in land granted therein
shall immediately vest in the company, its successors and assigns, and
the Secretary shall give notice of that event by a document suitable
for recording in the county wherein the leased lands are situated.
(c) Easements.--At closing on the conveyances authorized by this
section--
(1) in consideration of the easements conveyed by the
company as provided in paragraph 2 of this subsection, the
Secretary of Agriculture shall, under authority of the National
Forest Roads and Trails Act of October 13, 1964, or the Federal
Land Policy and Management Act of 1976, execute and deliver to
the company such easements and authorizations over federally
owned lands included in this exchange as may be agreed to by
the Secretary and the company in the exchange agreement.
(2) In consideration of the easements conveyed by the
United States as provided in paragraph (1), the company shall
execute and deliver to the United States such easements and
authorizations across company-owned lands included in this
exchange as may be agreed to by the Secretary and the company
in the exchange agreement.
(d) Maps.--The maps referred to in subsection (b) are subject to
such minor corrections as may be agreed upon by the Secretary and the
company. The Secretary shall notify the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources to the United States House of Representatives of any
corrections made pursuant to the subsection.
(e) Timing of Transaction.--It is the intent of Congress that the
conveyances authorized by this section be completed within ninety days
after the date of enactment of an Act making the appropriation
authorized by subsection (g).
(f) Forest Lands.--All lands conveyed to the United States pursuant
to this section shall become national forest system lands to be
administered by the Secretary in accordance with applicable law.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the sum $3,400,000, which amount
the Secretary shall, when appropriated, pay to the company to equalize
the value of the exchange of land authorized by this section.
(h) Quality of Title.--Title to the properties referenced in this
section to be offered to the United States by Big Sky Lumber Company,
its assignees or successors in interest, shall be inclusive of the
entire surface and subsurface estates without reservation or exception.
The owner shall be required to reacquire any outstanding interest in
mineral or mineral rights, timber or timber rights, water or water
rights, or any other outstanding interest in the property, except
reservations by the United States or the State of Montana by patent, in
order to assure that title to the property is transferred as described
in this section and sections 4, 5, and 6. Title standards for
acquisition shall otherwise be in compliance with Forest Service
policies and procedures.
(i) References.--The reference and authorities of this section
referring to Plum Creek Timber Company, L.P., shall also refer to its
successors.
SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Porcupine property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and the owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; ``And further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service''.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Porcupine Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Taylor Fork property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; and further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service.
(c) Direction.--The Secretary is directed to provide Congress,
within two years, recommendations designed to acquire by purchase or
exchange Taylor Fork Area lands owned by Big Sky Timber Company:
Provided, That such recommendations are agreed to by Big Sky Lumber
Company: Provided further, That nothing in this section limits the
Secretary's authority to acquire or purchase said lands.
(d) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Taylor Fork Area'', dated September, 1992.
(e) Land Acquisition Authorities.--Acquisition pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Funds.
(g) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of two years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, on the status of the negotiations with the company or its
successors in interest to effect the land consolidation authorized by
this section.
SEC. 6. LAND CONSOLIDATION--GALLATIN AREA.
(a) In General.--The Secretary shall work diligently to assure all
lands within what is generally known as the Gallatin Range owned by Big
Sky Lumber Company, its assignee or successors in interest, not
acquired, purchased or exchanged pursuant to sections 3 and 4 of this
Act are acquired by the United States through exchange or purchase.
(b) Direction.--The Secretary is directed to provide Congress,
within three years, recommendations designed to acquire by purchase or
exchange Gallatin Area lands owned by Big Sky Lumber Company: Provided,
That such recommendations are agreed to by Big Sky Lumber Company:
Provided further, That nothing in this section limits the Secretary's
authority to acquire or purchase said lands.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Gallatin Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) Quality of Title.--The quality of title to the properties
referenced in this section in fact secured shall meet applicable Forest
Service standards with respect to surface and subsurface estates or
shall otherwise be acceptable to the Forest Service.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of three years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, on the status
of the negotiations with the company or its successors in interest to
effect the land consolidation authorized by this section.
SEC. 8. SEVERED MINERALS EXCHANGE.
(a) Findings.--The Congress finds that--
(1) underlying certain areas in Montana described in
subsection (b) are mineral rights owned by subsidiaries of
Burlington Resources, Incorporated (hereinafter collectively
referred to in this section as the ``company'');
(2) there are federally owned minerals underlying privately
owned lands lying outside those areas;
(3) the company has agreed in principle with the Department
of Agriculture to an exchange of mineral rights to consolidate
Federal surface and subsurface ownerships and to avoid
potential conflicts with the surface management of such areas;
and
(4) it is desirable that an exchange be completed within
two years after the date of enactment of this Act.
(b) Description of Mineral Interests.--(1) Pursuant to an exchange
agreement between the Secretary and the company, the Secretary may
acquire mineral interests owned by the company underlying surface lands
owned by the United States located in the areas depicted on the maps
entitled ``Severed Minerals Exchange, Clearwater-Monture Area'', dated
September 1988 and ``Severed Minerals Exchanges, Gallatin Area'', dated
September 1988, or in fractional sections adjacent to those areas.
(2) In exchange for the mineral interests conveyed to the Secretary
pursuant to paragraph (1), the Secretary of the Interior shall convey,
subject to valid existing rights, such federally owned mineral
interests as the Secretary and the company may agree upon.
(c) Equal Value.--(1) The value of mineral interests exchanged
pursuant to this section shall be approximately equal based on
available information.
(2) To ensure that the wilderness or other natural values of the
areas are not affected, a formal appraisal based upon drilling or other
surface disturbing activities shall not be required for any mineral
interest proposed for exchange, but the Secretary and the company shall
fully share all available information on the quality and quantity of
mineral interests proposed for exchange.
(3) In the absence of adequate information regarding values of
minerals proposed for exchange, the Secretary and the company may agree
to an exchange on the basis of mineral interests of similar development
potential, geologic character, and similar factors.
(d) Identification of Federally Owned Mineral Interests.--(1)
Subject to paragraph (2), mineral interests conveyed by the United
States pursuant to this section shall underlie lands the surface of
which were owned by the company or its predecessor on September 16,
1987.
(2) If there are not sufficient federally owned mineral interests
of approximately equal value underlying the lands identified in
paragraph (1), the Secretary and the Secretary of the Interior may
identify for exchange any other federally owned mineral interest in
land in the State of Montana of which the surface estate is in private
ownership.
(e) Consultation With the Department of the Interior.--(1) The
Secretary shall consult with the Secretary of the Interior in the
negotiation of the exchange agreement authorized by subsection (b),
particularly with respect to the inclusion in such an agreement of a
provision calling for the exchange of federally owned mineral interests
lying outside the boundaries of units of the National Forest System.
(2) Notwithstanding any other law, the Secretary of the Interior
shall convey the federally owned mineral interests identified in a
final exchange agreement between the Secretary of Agriculture and the
company.
(f) Definition.--For purposes of this section, the term ``mineral
interests'' includes all locatable and leasable minerals, including oil
and gas, geothermal resources, and all other subsurface rights.
(g) Environmental Law.--The execution and performance of an
exchange agreement and the taking of other actions pursuant to this
section shall not be deemed a major Federal action significantly
affecting the quality of the environment within the meaning of section
102 of the National Environmental Policy Act (42 U.S.C. 4332), nor
shall they require the preparation of an environmental assessment under
this Act.
S 489 IS----2 | Gallatin Range Consolidation and Protection Act of 1993 - Directs the Secretary of Agriculture to acquire, by exchange and cash equalization, specified lands and interests along the Gallatin Range north of Yellowstone National Park, including lands: (1) in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other land in the Gallatin National Forest from the Plum Creek Timber Company; and (2) in the Porcupine Area, the Taylor Fork Area, and other land within the Gallatin Range from Big Sky Lumber Company.
Authorizes appropriations.
Authorizes the Secretary, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior prior to such exchange. | Gallatin Range Consolidation and Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National AMBER Alert Network Act of
2003''.
SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the AMBER Alert communications network
regarding abducted children. The officer so designated shall be known
as the AMBER Alert Coordinator of the Department of Justice.
(b) Duties.--In acting as the national coordinator of the AMBER
Alert communications network, the Coordinator shall--
(1) seek to eliminate gaps in the network, including gaps
in areas of interstate travel;
(2) work with States to encourage the development of
additional elements (known as local AMBER plans) in the
network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts on abducted
children through the network.
(c) Consultation With Federal Bureau of Investigation.--In carrying
out duties under subsection (b), the Coordinator shall notify and
consult with the Director of the Federal Bureau of Investigation
concerning each child abduction for which an alert is issued through
the AMBER Alert communications network.
(d) Cooperation.--The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH AMBER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the AMBER Alert Coordinator of the Department of Justice shall
establish minimum standards for--
(1) the issuance of alerts through the AMBER Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--(1) The minimum standards established under
subsection (a) shall be adoptable on a voluntary basis only.
(2) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that the dissemination of an alert
through the AMBER Alert communications network be limited to the
geographic areas most likely to facilitate the recovery of the abducted
child concerned.
(3) In carrying out activities under subsection (a), the
Coordinator may not interfere with the current system of voluntary
coordination between local broadcasters and State and local law
enforcement agencies for purposes of the AMBER Alert communications
network.
(c) Cooperation.--(1) The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
(2) The Coordinator shall also cooperate with local broadcasters
and State and local law enforcement agencies in establishing minimum
standards under this section.
SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG
HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN.
(a) Program Required.--The Secretary of Transportation shall carry
out a program to provide grants to States for the development or
enhancement of notification or communications systems along highways
for alerts and other information for the recovery of abducted children.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development or enhancement of electronic message
boards along highways and the placement of additional signage
along highways; and
(2) the development or enhancement of other means of
disseminating along highways alerts and other information for
the recovery of abducted children.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Secretary shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Secretary shall prescribe requirements,
including application requirements, for grants under the program under
subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Transportation $20,000,000 for
fiscal year 2004 to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS.
(a) Program Required.--The Attorney General shall carry out a
program to provide grants to States for the development or enhancement
of programs and activities for the support of AMBER Alert
communications plans.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to AMBER
Alert communications plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to AMBER Alert
communications plans; and
(3) such other activities as the Secretary considers
appropriate for supporting the AMBER Alert communications
program.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Attorney General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Justice $5,000,000 for fiscal year
2004 to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
Passed the Senate January 21, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | National AMBER Alert Network Act of 2003 - (Sec. 2) Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. Requires the coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; and (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network. Directs the Coordinator to notify and consult with the Federal Bureau of Investigation concerning each child abduction for which an AMBER Alert is issued.(Sec. 3) Directs the Coordinator to establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child). Provides that the standards shall be adoptable on a voluntary basis only.Requires the Coordinator to cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out such activities.(Sec. 4) Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans, which may include the development and implementation of: (1) education and training programs and associated materials; and (2) law enforcement programs and associated equipment. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations. | A bill to enhance the operation of the AMBER Alert communications network in order to facilitate the recovery of abducted children, to provide for enhanced notification on highways of alerts and information on such children, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.
SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS
PROCEDURES.
Section 2680(c) of title 28, United States Code, is amended by
striking ``law-enforcement officer'' and inserting ``law enforcement
officer, except that this chapter and section 1346(b) shall apply to a
claim based on the negligent destruction, injury, or loss of goods or
merchandise (including real property) while in the possession of an
officer of customs or excise or any other law enforcement officer''.
SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.
Rule C(6) of the Supplemental Rules for Certain Admiralty and
Maritime Claims to the Federal Rules of Civil Procedures (28 U.S.C.
App.) is amended by striking ``10 days'' and inserting ``60 days''.
SEC. 4. CLAIM AFTER SEIZURE.
Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended
to read as follows:
``SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.
``(a) In General.--
``(1) Filing of claim.--At any time within 60 days after
the date on which a notice of seizure is first published, a
person who claims a vessel, vehicle, aircraft, merchandise, or
baggage seized under a law described in section 605 may file
with the appropriate customs officer a claim stating the
person's interest in the property.
``(2) Condemnation.--On filing of a claim under paragraph
(1), the customs officer shall transmit the claim, with a
duplicate list and description of the articles seized, to the
United States attorney for the district in which the seizure
was made, who shall proceed to a condemnation of the
merchandise or other property in the manner prescribed by law.
``(b) Court-Appointed Counsel.--
``(1) In general.--If a person filing a claim under
subsection (a), or a claim regarding property seized under
another law that incorporates by reference the seizure,
forfeiture, and condemnation procedures of the customs laws, is
financially unable to obtain representation of counsel, the
court may appoint appropriate counsel to represent the person
with respect to the claim.
``(2) Compensation.--(A) The court shall set the
compensation for counsel appointed under paragraph (1) in an
amount that is equivalent to that provided for counsel
appointed under section 3006A of title 18, United States Code.
``(B) Compensation of counsel appointed under paragraph (1)
shall be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, United States
Code.''.
SEC. 5. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended
to read as follows:
``SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
``(a) In General.--In a suit or action described in subsection (b),
the burden of proof is on the Government to establish by clear and
convincing evidence that the property is subject to forfeiture.
``(b) Suits and Actions Described.--A suit or action is described
in this subsection if it is--
``(1) a suit or action (other than a suit or action arising
under section 592) brought for the forfeiture of a vessel,
vehicle, aircraft, merchandise, or baggage seized under any law
relating to the collection of duties on imports or tonnage; or
``(2) a suit or action brought for the recovery of the
value of any vessel, vehicle, aircraft, merchandise, or
baggage, because of a violation of that law.''.
SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP.
Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended--
(1) by inserting ``(a) Release Upon Payment.--'' before
``If''; and
(2) by adding at the end the following new subsection:
``(b) Release of Seized Property for Substantial Hardship.--
``(1) Request for release.--(A) A claimant is entitled to
immediate release of seized property if continued possession by
the Government would cause the claimant substantial hardship.
``(B) A claimant seeking release of property under this
subsection shall--
``(i) request possession of the property from the
appropriate customs officer; and
``(ii) state in the request the basis for such
release.
``(2) Civil action.--(A) If, within 10 days after the date
on which a request is made under paragraph (1), the subject
property has not been released, the claimant may file a
complaint in any district court that would have jurisdiction
over forfeiture proceedings relating to the property.
``(B) A complaint under subparagraph (B) shall state--
``(i) the nature of the claim to the seized
property;
``(ii) the reason why the continued possession by
the United States Government pending the final
disposition of forfeiture proceedings will cause
substantial hardship to the claimant; and
``(iii) the steps that the claimant has taken to
secure release of the property from the appropriate
customs officer.
``(3) Return of property.--If a complaint is filed under
paragraph (2), the district court shall order that the property
be returned to the claimant, pending completion of proceedings
by the United States Government to obtain forfeiture of the
property, if the claimant shows that--
``(A) the claimant is likely to demonstrate a
possessory interest in the seized property; and
``(B) continued possession by the United States
Government of the seized property is likely to cause
substantial hardship to the claimant.
``(4) Conditions.--The court may place such conditions on
release of the property as the court finds are appropriate to
preserve the availability of the property or its equivalent for
forfeiture.
``(5) Time for decision.--The district court shall render a
decision on a complaint filed under paragraph (2) no later than
30 days after the date of the filing, unless such 30-day
limitation is extended by consent of the parties or by the
court for good cause shown.''.
SEC. 7. JUSTICE ASSETS FORFEITURE FUND.
Section 524(c) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``law enforcement'';
(B) by redesignating subparagraphs (H) and (I) as
subparagraphs (I) and (J), respectively; and
(C) by inserting after subparagraph (G) the
following new subparagraph:
``(H) payment of court-awarded compensation for
representation of claimants pursuant to section 608(b) of the
Tariff Act of 1930;''; and
(2) in paragraph (9)(A), by striking ``(H)'' and inserting
``(I)''.
SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED
SUBSTANCES ACT.
Section 511(a)(7) of the Controlled Substances Act (21 U.S.C.
881(a)(7)) is amended by striking ``without the knowledge or consent of
that owner'' and inserting ``either without the knowledge of that owner
or without the consent of that owner''.
SEC. 9. APPLICABILITY.
The amendments made by this Act apply with respect to claims filed
under section 608 of the Tariff Act of 1930 and suits and actions filed
under section 615 of that Act on or after the date of enactment of this
Act. | Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures a claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of a customs or other law enforcement officer.
Extends the period for filing claims in certain in rem proceedings.
Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 60 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements.
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return.
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel. | Civil Asset Forfeiture Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Building
Heights Act of 1994''.
SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA.
(a) Use of Street Width to Determine Maximum Height of Building.--
Section 5(a) of the Act entitled ``An Act to regulate the height of
buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-
405(a), D.C. Code), is amended--
(1) by striking ``the course of which'' and inserting ``the
alignment of which''; and
(2) by adding at the end the following: ``For purposes of
this subsection, a `street' includes any road, avenue, drive,
cart way, or other route open to the public as a regular right-
of-way, but does not include an alley.''.
(b) Limitations on Size and Height of Roof Structures.--Section
5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking
``Spires, towers,'' and all that follows through ``the adjacent roof:''
and inserting the following: ``Roof structures that are not constructed
or used for human occupancy (including structures housing machinery or
equipment) may be erected to a greater height than any limit otherwise
prescribed in this Act if approved by the Mayor of the District of
Columbia, except that in no event may a roof structure be higher than
18 \1/2\ feet above the roof upon which it is located: Provided, that
such structures when above such limit shall be fireproof: Provided
further, that the area of such a structure may not exceed \1/3\ of the
total roof area for those districts where there is a limitation on the
number of stories or \1/2\ of the total roof area for any other
districts: Provided further, that there may be an increase in the
allowable floor area ratio for such a structure of not more than 0.25:
Provided further, that such a structure shall be set back from the
exterior or bounding walls of the building upon which the structure is
placed at distances equal to the structure's height above the adjacent
roof: Provided further, that for purposes of this subsection, an
`exterior or bounding wall' of a building is any wall having a
dimension of 4 feet or more in height or horizontal depth exposed to
the outside (without regard to whether the wall abuts another
structure), and a `roof' is the exterior surface and supporting
structure on the top of a building: Provided further, that for purposes
of this subsection a skylight shall not be considered a roof structure
if it is less than 5 feet in height:''.
(c) Increase in Penalties for Violations.--
(1) General penalty for violation.--Section 8 of such Act
(sec. 5-408, D.C. Code) is amended by striking ``not less than
$10 nor more than $100 per day'' and inserting ``not more than
$10,000 per day''.
(2) Penalty for violation of injunction.--Section 8 of such
Act (sec. 5-408, D.C. Code) is amended by striking ``not less
than $100 nor more than $500,'' and inserting ``not more than
$100,000,''.
SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION
TO ENFORCE BUILDING HEIGHT LIMITATIONS.
(a) Requiring NCPC Approval for Roof Structures Exceeding General
Limitations.--
(1) In general.--Section 5(h) of the Act entitled ``An Act
to regulate the height of buildings in the District of
Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code),
as amended by section 2(b), is amended by striking ``Mayor of
the District of Columbia,'' and inserting ``Mayor of the
District of Columbia and the National Capital Planning
Commission,''.
(2) Conforming amendment.--Section 5(c) of the Act entitled
``An Act providing for a comprehensive development of the park
and playground system of the National Capital'', approved June
6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is
amended--
(A) by inserting after ``the Council,'' the
following: ``and to include the approval of the height
of any roof structure of any building in the District
of Columbia (as described in section 5(h) of the Act
entitled `An Act to regulate the height of buildings in
the District of Columbia', approved June 1, 1910),'';
and
(B) by striking the period at the end and inserting
the following: ``, and its approval or disapproval
respecting any such height within 45 days after the day
it was submitted to the Commission.''.
(b) Permitting NCPC or Members to Request NCPC Approval of Height
of Any Building in District.--Section 5(c) of the Act entitled ``An Act
providing for a comprehensive development of the park and playground
system of the National Capital'', approved June 6, 1924 (sec. 1-
2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2),
is amended by inserting after ``June 1, 1910),'' the following: ``and,
at the request of the Commission or any of its members, the
determination of whether the height of any building proposed to be
constructed in the District of Columbia meets the requirements of such
Act,''.
(c) Providing Standing for NCPC or Members to Enforce Building
Height Limitations.--
(1) Authority under building heights act.--Section 8 of the
Act entitled ``An Act to regulate the height of buildings in
the District of Columbia'', approved June 1, 1910 (sec. 5-408,
D.C. Code), is amended--
(A) in the first sentence, by striking ``his
assistants'' and inserting ``his assistants, or by the
National Capital Planning Commission or any of its
members,''; and
(B) in the second sentence, by inserting after
``District of Columbia'' the first place it appears the
following: ``or the National Capital Planning
Commission or any of its members''.
(2) Authority of commission.--Section 5 of the Act entitled
``An Act providing for a comprehensive development of the park
and playground system of the National Capital'', approved June
6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d) is amended by
adding at the end the following new subsection:
``(f) The Commission and each of its members shall have standing to
enforce any limitation on the heights of buildings and structures in
the District of Columbia described in the Act entitled `An Act to
regulate the height of buildings in the District of Columbia', approved
June 1, 1910.''.
(3) Conforming amendment.--Section 11 of the Act of June
20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by
adding at the end the following: ``Nothing in this section
shall be construed to limit the standing of the National
Capital Planning Commission or its members to enforce any
limitation on the heights of buildings and structures in the
District of Columbia pursuant to section 5(f) of the Act
entitled `An Act providing for a comprehensive development of
the park and playground system of the National Capital',
approved June 6, 1924.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
buildings or structures in the District of Columbia for which building
permits are issued on or after March 23, 1994. | District of Columbia Building Heights Act of 1994 - Amends the District of Columbia Code to revise provisions with respect to street widths controlling building heights in the District to require that if the alignment (currently, course) of streets forming an intersection is not interrupted by a public space or reservation confronting a building, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Defines "street" to mean any road, avenue, drive, cart way, or other route open to the public as a regular right-of-way, but not an alley.
Replaces provisions allowing the heights of spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks to exceed mandatory limitations with provisions allowing roof structures that are not constructed or used for human occupancy to be erected to a greater height than any mandatory limit for the District with the Mayor's approval, provided that: (1) the roof structure must not be higher than 18.5 feet above the roof upon which it is located; (2) it must be fireproof; (3) the area of such a structure must not exceed one third of the total roof area for those districts where there is a limitation on the number of stories or one-half of the total roof area for any other districts; (4) there may be an increase in the allowable floor area ratio for such a structure of not more than 25 percent; (5) such structure shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances equal to its height above the adjacent roof; (6) an exterior or bounding wall of a building is any wall having a dimension of four feet or more in height or horizontal depth exposed to the outside (without regard to whether the wall abuts another structure); and (7) a skylight shall not be considered a roof structure if it is less than five feet in height.
Increases the fine for violation of: (1) the Act to not more than $10,000 per day (currently, not less than ten dollars nor more than $100 per day); and (2) a court injunction resulting from such violation to not more than $100,000 (currently, not less than $100 nor more than $500).
Requires the approval of the National Capital Planning Commission (NCPC) and the Mayor before a roof structure of any building in the District can exceed building height limitations. Allows the NCPC or any of its members to request a determination of whether any building proposed to be constructed in the District meets mandatory requirements.
Allows the NCPC to file charges in the Superior Court of the District of Columbia against an individual who violates building height requirements and to maintain an action in such Court to abate and perpetually enjoin such nuisance.
Provides that the NCPC and each of its members shall have standing to enforce any limitation on the heights of buildings and structures in the District. | District of Columbia Building Heights Act of 1994 |