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SECTION 1. SHORT TITLE.
This act may be cited as the ``National Park Service Winter Access
Act''.
SEC. 2. SNOWMOBILES.
(a) Findings.--(1) Recreational snowmobile use within units of the
National Park System is an established, traditional, and legitimate
means of visitor use and enjoyment of these public lands when conducted
in a manner that does not adversely affect or impair park resources and
values.
(2) The snowmobile manufacturers and the Environmental Protection
Agency will be working to establish emissions standards for a new
generation of snowmobiles. This new generation of machines will be
cleaner and quieter and should be available to the public within five
years.
(3) Cleaner, quieter snowmobiles may provide the public with a
greater opportunity to enjoy the National Park System in a manner that
is consistent with park resources and values.
(b) Interim Park Operations.--(1) As is consistent with the Act
entitled, ``An Act to establish a National Park Service, and for other
purposes,'' approved August 25, 1916 (16 U.S.C. 1 et seq.), in the
following units of the National Park System where snowmobile use
occurred or was authorized as of January 1, 2000, such use shall
continue restricted to levels of no less than the average wintertime
use and activity over the last three winters. This use can be subject
to other reasonable regulations governing such use existing as of
January 1, 2000, including emergency closure authority:
Acadia National Park, Maine
Black Canyon of the Gunnison National Park, Colorado
Crater Lake National Park, Oregon
Grand Teton National Park, Wyoming
Mount Rainier National Park, Washington
North Cascades National Park, Washington
Olympic National Park, Washington
Rocky Mountain National Park, Colorado
Sequoia National Park, California
Kings Canyon National Park, California
Theodore Roosevelt National Park, North Dakota
Voyageurs National Park, Minnesota
Yellowstone National Park, Idaho, Montana, Wyoming
Zion National Park, Utah
Appalachian National Scenic Trail, Multi-States
Saint Croix National Scenic River, Wisconsin, Minnesota
Pictured Rocks National Seashore, Michigan
Cedar Breaks National Monument, Utah
Dinosaur National Monument, Colorado, Utah
Grand Portage National Monument, Minnesota
Blue Ridge Parkway, North Carolina, Virginia
John D. Rockefeller, Jr. Parkway, Wyoming
Herbert Hoover National Historic Site, Iowa
Perry's Victory National Historic Site, Ohio
Bighorn Canyon National Recreation Area, Montana, Wyoming
Curecanti National Recreation Area, Colorado
Delaware Water Gap National Recreation Area, New Jersey,
Pennsylvania
Lake Chelan National Recreation Area, Washington
Ross Lake National Recreation Area, Washington
(2)(A) Notwithstanding subsection (b)(1), and consistent with other
applicable laws, the Secretary has the authority, if necessary to
address or avert significant environmental impacts in a particular unit
or portion of a unit, to restrict snowmobile use the activity down to a
level that is no less that 50 percent below the three year average
level established under subsection (b)(1). The restrictions shall apply
to the smallest practical portion of the unit adequate to address the
impacts.
(B) Before restricting use and activity in this manner, the
Secretary shall make a finding of significant environmental impact
based on on-the-ground study in the affected unit or portion of the
unit and sound, peer-reviewed scientific information applicable to that
unit or portion of the unit. Within at least 90 days before finalizing
such restrictions, the Secretary shall notify the Senate Committee on
Energy and Natural Resources and the House Committee on Resources of
its intent and provide the public with at least 30 days to comment on
the proposal.
(3) Consistent with other applicable law, the National Park Service
may prohibit recreational snowmobile use within all units of the system
not listed in subsection (b)(1).
(c) Long-Term Program and Operations.--(1) Within two years after
the enactment of this Act, the Environmental Protection Agency shall
promulgate final national standards governing emissions by snowmobiles.
(2) The Environmental Protection Agency may engage in negotiated
rulemaking with the snowmobile manufacturers regarding this standard.
(3) Taking into account noise reductions achieved in conjunction
with the emissions standard described in subsection (c)(1), not later
than five years following the date of enactment of this Act, the
National Park Service, in conjunction with the Society of Automotive
Engineers, shall set noise standards for snowmobile use in the National
Park System.
(d) Management Plans and Studies.--(1) The National Park Service is
directed to prepare management plans to assure education and
enforcement of regulations governing recreational snowmobile use within
the system.
(2) The National Park Service shall conduct new comprehensive
studies to assess the impacts of recreational snowmobile use within the
affected units of the system on park resources, visitor use and
enjoyment, and adjacent communities. Among other things, these studies
must include consideration of the EPA snowmobile emission standards,
snowmobiles that are produced in response to those standards, and
technological and other advances occurring or anticipated at that time.
The conclusions derived from such studies shall be the basis for any
proposed revised regulations and management plans to govern use of
recreational snowmobiles within the units listed in subsection (b)(1)
of this section.
(3) Not later than four years following the date of enactment of
this Act, the National Park Service shall prepare a Report to Congress
concerning the proper use of snowmobiles for recreation in National
Park System units. Among other things, this Report shall consider the
impact of the snowmobiles compliant with the emission standards set in
subsection (c)(1) on wildlife, the environment, and other relevant
factors.
(4) Not later than five years after the date of enactment of this
Act, and based upon the findings of the Report to Congress described in
subsection (d)(3) and other relevant information, the National Park
Service shall propose revised regulations and management plans to
govern use of recreational snowmobiles within the units listed in
subsection (b)(1) of this Act.
(5) No management plan or regulation developed in accordance with
subsection (d)(4) shall permit the entry of snowmobiles that do not
meet the emission and noise standards described in subsections (c)(1)
and (c)(3), respectively, into the units of the National Park System
described in section (b)(1) of this Act.
(e) Savings Clause.--Nothing herein is intended to affect the
provisions of Public Law 96-487, including but not limited to, Section
1110(a). | National Park Service Winter Access Act - Continues the use of snowmobiles in specified National Park System (NPS) units where such activity occurred or was authorized as of January 1, 2000. Restricts the use to levels of no less than the average wintertime use and activity over the last three winters.Authorizes the Secretary of the Interior: (1) under certain conditions, to address or avert significant environmental impacts in a particular unit or portion thereof, to restrict such use down to a level that is no less than 50 percent below the three year average; and (2) to prohibit such use within all NPS units not listed in this Act.Requires: (1) the Environmental Protection Agency to promulgate final national standards governing emissions by snowmobiles; (2) the National Park Service, in conjunction with the Society of Automotive Engineers, to set noise standards for snowmobile use in the NPS; and (3) the Service to propose revised regulations and management plans to govern such use, based on results of new comprehensive studies. | A bill to provide recreational snowmobile access to certain units of the National Park System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peopling of America Museum Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The history of the United States is in large measure
the history of how the United States was populated.
(2) The evolution of the American population is broadly
termed the ``peopling of America'' and is characterized by the
movement of groups of people across external and internal
boundaries of the United States as well as by the interactions
of the groups with each other.
(3) Each of the groups has made unique, important
contributions to American history, culture, art, and life.
(4) The spiritual, intellectual, cultural, political, and
economic vitality of the United States is a result of the
pluralism and diversity of the population.
(5) The Smithsonian Institution operates 16 museums and
galleries, a zoological park, and 5 major research facilities.
None of these public entities is a national institution
dedicated to presenting the history of the peopling of the
United States, as described in paragraph (2).
(6) The respective missions of the National Museum of
American History of the Smithsonian Institution and the Ellis
Island Immigration Museum of the National Park Service limit
the ability of those museums to present fully and adequately
the history of the diverse population and rich cultures of the
United States.
(7) The absence of a national facility dedicated solely to
presenting the history of the peopling of the United States
restricts the ability of the citizens of the United States to
fully understand the rich and varied heritage of the United
States derived from the unique histories of many peoples from
many lands.
(8) The establishment of a Peopling of America Museum to
conduct educational and interpretive programs on the
multiethnic and multiracial character of the history of the
United States will assist in inspiring and better informing the
citizens of the United States concerning the rich and diverse
cultural heritage of the citizens.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Committee.
(2) Committee.--The term ``Committee'' means the Advisory
Committee on American Cultural Heritage established under
section 7(a).
(3) Director.--The term ``Director'' means the Director of
the Museum.
(4) Museum.--The term ``Museum'' means the National Museum
for the Peopling of America established under section 4(a).
SEC. 4. ESTABLISHMENT OF THE NATIONAL MUSEUM FOR THE PEOPLING OF
AMERICA.
(a) Establishment.--There is established within the Smithsonian
Institution a facility that shall be known as the ``National Museum for
the Peopling of America''.
(b) Purposes of the Museum.--The purposes of the Museum are--
(1) to promote knowledge of the life, art, culture, and
history of the many groups of people who comprise the citizens
of the United States;
(2) to illustrate how such groups cooperated, competed, or
otherwise interacted with each other; and
(3) to explain how the diverse, individual experiences of
each group collectively helped forge a unified national
experience.
(c) Components of the Museum.--The Museum shall include--
(1) a location for permanent and temporary exhibits
depicting the historical process by which the United States was
populated;
(2) a center for research and scholarship relating to the
life, art, culture, and history of the groups of people of the
United States;
(3) a repository for the collection, study, and
preservation of artifacts, artworks, and documents relating to
the diverse population of the United States;
(4) a venue for public education programs designed to
explicate the multicultural past and present of the United
States;
(5) a location for the development of a standardized index
of documents, artifacts, and artworks in collections that are
held by the Smithsonian Institution, classified in a manner
consistent with the purposes of the Museum;
(6) a clearinghouse for information on documents,
artifacts, and artworks relating to the groups of people of the
United States that may be available to researchers, scholars,
or the general public through non-Smithsonian collections, such
as documents, artifacts, and artworks relating to the groups
that are held by--
(A) other Federal agencies;
(B) other museums;
(C) universities;
(D) individuals; and
(E) foreign institutions;
(7) a folklife center committed to highlighting the
cultural expressions of various groups of people within the
United States;
(8) a center to promote mutual understanding and tolerance
among the groups of people of the United States through
exhibits, films, brochures, and other appropriate means;
(9) an oral history library developed through interviews
with volunteers, including visitors;
(10) a location for a visitor center that shall provide
individually tailored orientation guides for visitors to all
Smithsonian Institution facilities;
(11) a location for the training of museum professionals
and others in the arts, humanities, and sciences with respect
to museum practices relating to the life, art, history, and
culture of the various groups of people of the United States;
and
(12) a location for developing, testing, demonstrating,
evaluating, and implementing new museum-related technologies
that assist in fulfilling the purposes of the Museum, enhance
the operation of the Museum, and improve the accessibility of
the Museum.
SEC. 5. LOCATION AND CONSTRUCTION.
(a) Location.--The Museum shall be located--
(1) in a facility of the Smithsonian Institution that is,
or is not, in existence on the date of enactment of this Act;
and
(2) on or near the National Mall located in the District of
Columbia.
(b) Construction.--The Board of Regents of the Smithsonian
Institution may plan, design, reconstruct, or construct appropriate
facilities to house the Museum.
SEC. 6. DIRECTOR AND STAFF.
(a) In General.--
(1) Appointments.--The Secretary of the Smithsonian
Institution shall appoint and fix the compensation and duties
of--
(A) a Director, Assistant Director, Secretary, and
Chief Curator of the Museum; and
(B) any other officers and employees that are
necessary for the operation of the Museum.
(2) Qualifications.--Each individual appointed under
paragraph (1) shall be an individual who is qualified through
experience and training to perform the duties of the office to
which that individual is appointed.
(b) Applicability of Certain Civil Service Laws.--The Secretary of
the Smithsonian Institution may--
(1) appoint the Director and 5 employees under subsection
(a), without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(2) fix the pay of the Director and the 5 employees,
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, relating to classification of
positions and General Schedule pay rates.
SEC. 7. ADVISORY COMMITTEE ON AMERICAN CULTURAL HERITAGE.
(a) Establishment of Advisory Committee.--
(1) Establishment.--There is established an advisory
committee to be known as the ``Advisory Committee on American
Cultural Heritage''.
(2) Membership.--
(A) Composition.--The Committee shall be composed
of 15 members, who shall--
(i) be appointed by the Secretary of the
Smithsonian Institution;
(ii) have expertise in immigration history,
ethnic studies, museum science, or any other
academic or professional field that involves
matters relating to the cultural heritage of
the citizens of the United States; and
(iii) reflect the diversity of the citizens
of the United States.
(B) Initial appointments.--The initial appointments
of the members of the Committee shall be made not later
than 6 months after the date of enactment of this Act.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. Any vacancy in the
Committee shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(4) Initial meeting.--Not later than 30 days after the
date on which all members of the Committee have been appointed,
the Committee shall hold its first meeting.
(5) Meetings.--The Committee shall meet at the call of the
Chairperson, but shall meet not less frequently than 2 times
each fiscal year.
(6) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson and vice chairperson.--The Committee shall
select a Chairperson and Vice Chairperson from among its
members.
(b) Duties of the Committee.--The Committee shall advise the
Secretary of the Smithsonian Institution and the Director concerning
policies and programs affecting the Museum.
(c) Committee Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal members.--Each member of the
Committee who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the
Committee.
(B) Federal members.--Members of the Committee who
are officers or employees of the United States shall
serve without compensation in addition to that received
for their services as officers or employees of the
United States.
(2) Travel expenses.--The members of the Committee 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 Committee.
(3) Staff.--
(A) In general.--The Chairperson may, without
regard to the civil service laws and regulations,
appoint and terminate an executive director and such
other additional personnel as may be necessary to
enable the Committee to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Committee.
(B) Compensation.--The Chairperson may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title. | Peopling of America Museum Act - Establishes the National Museum for the Peopling of America within the Smithsonian Institution, to be located in new or existing Smithsonian Institution facilities on or near the National Mall in the District of Columbia.
Establishes an Advisory Committee on American Cultural Heritage to advise the Secretary of the Smithsonian Institution, who shall appoint its members, and the Museum Director on Museum policies and programs. | Peopling of America Museum Act |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mickey Leland
Childhood Hunger Relief Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. References to Act.
TITLE I--ENSURING ADEQUATE FOOD ASSISTANCE
Sec. 101. Families with high shelter expenses.
Sec. 102. Basic benefit level.
Sec. 103. Continuing benefits to eligible households.
Sec. 104. Homeless families in transitional housing.
Sec. 105. Improving the nutritional status of children in Puerto Rico.
Sec. 106. Households benefiting from general assistance vendor
payments.
Sec. 107. Helping low-income high school students.
TITLE II--PROMOTING SELF-SUFFICIENCY
Sec. 201. Child support disregard.
Sec. 202. Child support payments to non-household members.
Sec. 203. Vehicles needed to seek and continue employment and for
household transportation.
Sec. 204. Vehicles necessary to carry fuel or water.
Sec. 205. Improving access to employment and training activities.
TITLE III--SIMPLIFYING THE PROVISION OF FOOD ASSISTANCE
Sec. 301. Simplifying the household definition for households with
children and others.
Sec. 302. Resources of households with disabled members.
Sec. 303. Assuring adequate funding for the food stamp program.
TITLE IV--COMMODITY DISTRIBUTION TO NEEDY FAMILIES
Sec. 401. Commodity purchases.
TITLE V--IMPLEMENTATION AND EFFECTIVE DATES
Sec. 501. Effective dates.
Sec. 502. Budget neutrality requirement.
SEC. 2. REFERENCES TO ACTS.
Except as otherwise specifically provided herein, references to
``the Act'' and sections thereof shall be deemed to be references to
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) and the sections
thereof.
TITLE I--ENSURING ADEQUATE FOOD ASSISTANCE
SEC. 101. FAMILIES WITH HIGH SHELTER EXPENSES.
(a) Removal of Cap.--(1) The fourth sentence of section 5(e) of the
Food Stamp Act of 1977 (hereinafter referred to as ``the Act'') (7
U.S.C. 2014(e)) is amended by striking ``: Provided, That the amount''
and all that follows through ``June 30''.
(2) The fifth sentence of section 5(e) of the Act (7 U.S.C.
2014(e)) is amended by striking ``under clause (2) of the preceding
sentence''.
(b) Transitional Cap.--(1) Effective on the date of enactment of
this Act, section 5(e) of the Act is amended by inserting after the
fourth sentence the following: ``In the 12-month period ending
September 30, 1994, such excess shelter expense deduction shall not
exceed $230 a month in the forty-eight contiguous States and the
District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam,
and the Virgin Islands of the United States, $400, $328, $279, and $170
a month, respectively; in the 12-month period ending September 30,
1995, shall not exceed $260 a month in the forty-eight contiguous
States and the District of Columbia, and shall not exceed, in Alaska,
Hawaii, Guam, and the Virgin Islands of the United States, $452, $371,
$315, and $192 a month, respectively; in the 12-month period ending
September 30, 1996, shall not exceed $300 a month in the forty-eight
contiguous States and the District of Columbia, and shall not exceed,
in Alaska, Hawaii, Guam, and the Virgin Islands of the United States,
$521, $420, $364, and $221 a month, respectively; and in the 12-month
period ending September 30, 1997, shall not exceed $360 a month in the
forty-eight contiguous States and the District of Columbia, and shall
not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the
United States, $626, $514, $437, and $266 a month, respectively.''.
(2) Effective October 1, 1997, section 5(e) of the Act (7 U.S.C.
2014(e)) is amended by striking the fifth sentence.
SEC. 102. BASIC BENEFIT LEVEL.
Section 3(o) of the Act (7 U.S.C. 2012(o)) is amended by striking
``(4) through'' and all that follows through the end of the subsection,
and inserting the following: ``(4) on October 1, 1993, adjust the cost
of such diet to reflect 103\1/3\ percent of the cost of thrifty food
plan in the preceding June (without regard to adjustments made under
clauses (9), (10), and (11) of this subsection as in effect before the
date of the enactment of the Mickey Leland Childhood Hunger Relief
Act), as determined by the Secretary, and round the result to the
nearest lower dollar increment for each household size, (5) on October
1, 1994, adjust the cost of such diet to reflect 103\2/3\ percent of
the cost of the thrifty food plan in the preceding June (without regard
to adjustments made under such clauses (9), (10), and (11) and under
clause (4)), as determined by the Secretary, and round the result to
the nearest lower dollar increment for each household size, (6) on
October 1, 1995, adjust the cost of such diet to reflect 104 percent of
the cost of the thrifty food plan in the preceding June (without regard
to adjustments made under such clauses (9), (10), and (11) and under
clauses (4) and (5)), as determined by the Secretary, and round the
result to the lowest dollar increment for each household size, (7) on
October 1, 1996, adjust the cost of such diet to reflect 104\1/3\
percent of the cost of the thrifty food plan in the preceding June
(without regard to adjustments made under such clauses (9), (10), and
(11) and under clauses (4), (5), and (6)), as determined by the
Secretary, and round the result to the nearest lower dollar increment
for each household size, (8) on October 1, 1997, adjust the cost of
such diet to reflect 104\2/3\ percent of the cost of the thrifty food
plan in the preceding June (without regard to adjustments made under
such clauses (9), (10), and (11) and under clauses (4), (5), (6), and
(7)), as determined by the Secretary, and round the result to the
nearest lower dollar increment for each household size, and (9) on
October 1, 1998, and on every October 1 thereafter, adjust the cost of
such diet to reflect 105 percent of the cost of the thrifty food plan
in the preceding June (without regard to previous adjustments made
under such clauses (9), (10), and (11), under clauses (4), (5), (6),
(7), and (8), and under this clause), as determined by the Secretary,
and round the result to the nearest lower dollar increment for each
household size.''.
SEC. 103. CONTINUING BENEFITS TO ELIGIBLE HOUSEHOLDS.
Section 8(c)(2)(B) of the Act (7 U.S.C. 2017(c)(2)(B)) is amended
by inserting ``of more than one month in'' after ``following any
period''.
SEC. 104. HOMELESS FAMILIES IN TRANSITIONAL HOUSING.
Section 5(k)(2)(F) of the Act (7 U.S.C. 2014(k)(2)(F)) is amended
to read as follows:
``(F) housing assistance payments made to a third party on
behalf of a household residing in transitional housing for the
homeless;''.
SEC. 105. IMPROVING THE NUTRITIONAL STATUS OF CHILDREN IN PUERTO RICO.
Section 19(a)(1)(A) of the Act (7 U.S.C. 2028(a)(1)(A)) is amended:
(1) by striking ``$1,091,000,000'' and inserting
``$1,111,000,000''; and
(2) by striking ``$1,133,000,000'' and inserting
``$1,158,000,000''.
SEC. 106. HOUSEHOLDS BENEFITING FROM GENERAL ASSISTANCE VENDOR
PAYMENTS.
Section 5(k)(1)(B) of the Act (7 U.S.C. 2014(k)(1)(B)) is amended
to read as follows:
``(B) a benefit payable to the household for housing
expenses, not including energy or utility-cost assistance,
under--
``(i) a State or local general assistance program;
or
``(ii) another basic assistance program comparable
to general assistance (as determined by the
Secretary).''.
SEC. 107. HELPING LOW-INCOME HIGH SCHOOL STUDENTS.
Section 5(d)(7) is amended by striking ``, who is a student, and
who has not attained his eighteenth birthday'' and inserting ``and who
is an elementary or secondary student''.
TITLE II--PROMOTING SELF-SUFFICIENCY
SEC. 201. CHILD SUPPORT DISREGARD.
Section 5 of the Act (7 U.S.C. 2014) is amended--
(1) in clause (13) of subsection (d)--
(A) by striking ``at the option'' and all that
follows through ``subsection (m),'' and inserting
``(A)''; and
(B) by adding at the end the following: ``and (B)
the first $50 of any child support payments for each
month received in that month, and the first $50 of
child support of each month received in that month if
such payments were made by the absent parent in the
month when due,''; and
(2) by striking subsection (m).
SEC. 202. CHILD SUPPORT PAYMENTS TO NON-HOUSEHOLD MEMBERS.
Section 5(d)(6) of the Act (7 U.S.C. 2014(d)(6)) is amended by
striking the comma at the end and inserting the following: ``:
Provided, That child support payments made by a household member to or
for a person who is not a member of the household shall be excluded
from the income of the household of the person making such payments if
such household member was legally obligated to make such payments,''.
SEC. 203. VEHICLES NEEDED TO SEEK AND CONTINUE EMPLOYMENT AND FOR
HOUSEHOLD TRANSPORTATION.
Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by
striking $4,500'' and inserting the following: ``a level set by the
Secretary, which shall be $4,500 through September 30, 1993, and which
shall be adjusted from $4,500 on October 1, 1993, and on each October 1
thereafter, to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics, for new
cars, for the 12-month period ending the preceding June 30, and rounded
to the nearest $50''.
SEC. 204. VEHICLES NECESSARY TO CARRY FUEL OR WATER.
Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by
adding at the end the following: ``The Secretary shall exclude from
financial resources the value of a vehicle that a household depends
upon to carry fuel for heating or water for home use when such
transported fuel or water is the primary source of fuel or water for
the household.''.
SEC. 205. IMPROVING ACCESS TO EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Dependent Care Deduction.--Section 5(e) of the Act (7 U.S.C.
2014(e)) is amended in clause (1) of the fourth sentence--
(1) by striking ``$160 a month for each dependent'' and
inserting ``$200 a month for a dependent child under age 2 and
$175 a month for any other dependent''; and
(2) by striking ``, regardless of the dependent's age,''.
(b) Reimbursements to Participants.--(1) Section 6(d)(4)(I)(i)(I)
of the Act (7 U.S.C. 2015(d)(4)(I)(i)(I)) is amended by striking
``$25'' and inserting ``$75''.
(2) Subclause (II) of section 6(d)(4)(I)(i) of the Act (7 U.S.C.
2015(d)(4)(I)(i)(II)) is amended by striking ``reimbursements exceed
$160'' and all that follows through the end of such subclause, and
inserting ``reimbursements exceed the applicable local market rate as
determined by procedures consistent with any such determination under
the Social Security Act. Individuals subject to the program under this
paragraph may not be required to participate if dependent care costs
exceed the limit established by the State agency under this paragraph
(which limit shall not be less than the limit for the dependent care
deduction under section 5(e)).''.
(c) Reimbursements to State Agencies.--Section 16(h)(3) of the Act
(7 U.S.C. 2025(h)(3)) is amended--
(1) by striking ``$25'' and all that follows through
``dependent care costs)'' and inserting ``the payment made
under section 6(d)(4)(I)(i)(I) but not more than $75 per
participant per month''; and
(2) by striking ``representing $160 per month per
dependent'' and inserting ``equal to the payment made under
section 6(d)(4)(I)(i)(II) but not more than the applicable
local market rate''.
TITLE III--SIMPLIFYING THE PROVISION OF FOOD ASSISTANCE
SEC. 301. SIMPLIFYING THE HOUSEHOLD DEFINITION FOR HOUSEHOLDS WITH
CHILDREN AND OTHERS.
The first sentence of section 3(i) of the Act (7 U.S.C. 2012(i)) is
amended--
(1) by striking ``(2)'' and inserting ``or (2)'';
(2) by striking ``, or (3) a parent of minor children and
that parent's children'' and all that follows through ``parents
and children, or siblings,'' and inserting ``. Parents and
their minor children who live together and spouses''; and
(3) by striking ``, unless one of'' and all that follows
through ``disabled member''.
SEC. 302. RESOURCES OF HOUSEHOLDS WITH DISABLED MEMBERS.
Section 5(g)(1) of the Act (7 U.S.C. 2014(g)(1)) is amended by
striking ``a member who is 60 years of age or older,'' and inserting
``an elderly or disabled member,''.
SEC. 303. ASSURING ADEQUATE FUNDING FOR THE FOOD STAMP PROGRAM.
Section 18 of the Act (7 U.S.C. 2027) is amended by striking
subsections (b), (c), and (d) and redesignating subsections (e) and (f)
as subsections (b) and (c), respectively.
TITLE IV--COMMODITY DISTRIBUTION TO NEEDY FAMILIES.
SEC. 401--COMMODITY PURCHASES.
Section 214(e) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 612c note) is amended--
(1) by striking ``$175,000,000'' and all that follows
through ``1992, and'';
(2) by inserting after the first sentence the following:
``During fiscal year 1994, the Secretary shall spend $220,000,000 to
purchase, process, and distribute additional commodities under this
section.''; and
(3) in the last sentence by striking ``1991 through'' and
inserting ``1993 and''.
TITLE V--IMPLEMENTATION AND EFFECTIVE DATES
SEC. 501. EFFECTIVE DATES.
(a) General Effective Date.--Except as otherwise provided in this
Act, the provisions of this Act shall become effective and be
implemented on October 1, 1993.
(b) Special Effective Date.--Sections 103, 106, 201, 202, 204, 205,
301, and 302 of this Act shall become effective and be implemented on
July 1, 1994.
SEC. 502. BUDGET NEUTRALITY REQUIREMENT.
None of the provisions of this Act shall become effective unless
the costs are fully offset in each fiscal year through fiscal year
1998. No agriculture price or income support program administered
through the Commodity Credit Corporation under the Agricultural Act of
1949 may be reduced to achieve such offset. | TABLE OF CONTENTS:
Title I: Ensuring Adequate Food Assistance
Title II: Promoting Self-Sufficiency
Title III: Simplifying the Provision of Food Assistance
Title IV: Commodity Distribution to Needy Families
Title V: Implementation and Effective Dates
Mickey Leland Childhood Hunger Relief Act -
Title I: Ensuring Adequate Food Assistance
- Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility.
Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan.
Eliminates food stamp reductions for certain reapplying households.
Excludes third party payments for transitional housing for the homeless from consideration as program income.
Increases funding for the nutrition assistance program in Puerto Rico.
Excludes general assistance vendor payments from consideration as program income.
Excludes the income of high school students from consideration as program income.
Title II: Promoting Self-Sufficiency
- Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members.
Increases annually the fair market value limit of vehicles that program recipients may own.
Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use when transported fuel or water is the household's primary source of such item.
Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities.
Title III: Simplifying the Provision of Food Assistance
- Permits related adults living in the same household to apply for separate program benefits under specified conditions.
Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources.
Repeals provisions authorizing benefit reductions due to insufficient funding.
Title IV: Commodity Distribution to Needy Families
- Amends the Emergency Food Assistance Act of 1983 with respect to the Secretary of Agriculture's spending authority for the temporary emergency food assistance program.
Title V: Implementation and Effective Dates
- Sets forth the effective dates for provisions of this Act. | Mickey Leland Childhood Hunger Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Assault Firearms Elimination
and Reduction for our Streets Act''.
SEC. 2. ASSAULT WEAPON TURN-IN CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 26 the following new section:
``SEC. 25E. ASSAULT WEAPON TURN-IN CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
surrenders a specified assault weapon to the United States or a
State or local government (or political subdivision thereof) as
part of a Federal, State, or local public safety program to
reduce the number of privately owned weapons, on the election
of the taxpayer there shall be allowed as a credit against the
tax imposed by this chapter an amount equal to $2,000.
``(2) Year credit allowed.--The amount of the credit under
paragraph (1) shall be allowed \1/2\ for the taxable year
during which the assault weapon was so surrendered and \1/2\ in
the next taxable year.
``(b) Special Rules.--
``(1) Weapon must be lawfully possessed.--No credit shall
be allowed under subsection (a) with respect to any specified
assault weapon not lawfully possessed by the taxpayer at the
time the weapon is surrendered.
``(2) Substantiation requirement.--No credit shall be
allowed under subsection (a) for the surrender of any specified
assault weapon unless the taxpayer substantiates the surrender
by a contemporaneous written acknowledgment of the surrender by
the Federal, State, or local governmental entity to which the
weapon is surrendered.
``(3) Denial of double benefit.--The taxpayer may elect the
application of this section with respect to only 1 weapon, and
if such election is made for any taxable year, no deduction
shall be allowed under any other provision of this chapter with
respect to the surrender or contribution of the specified
assault weapon.
``(c) Assault Weapon.--For purposes of this section--
``(1) In general.--The term `specified assault weapon'
means any of the following:
``(A) The following rifles or copies or duplicates
thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM,
MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93,
VEPR,
``(ii) AR-10,
``(iii) AR-15, Bushmaster XM15, Armalite
M15, or Olympic Arms PCR,
``(iv) AR70,
``(v) Calico Liberty,
``(vi) Dragunov SVD Sniper Rifle or
Dragunov SVU,
``(vii) Fabrique National FN/FAL, FN/LAR,
or FNC,
``(viii) Hi-Point Carbine,
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1,
``(x) Kel-Tec Sub Rifle,
``(xi) M1 Carbine,
``(xii) Saiga,
``(xiii) SAR-8, SAR-4800,
``(xiv) SKS with detachable magazine,
``(xv) SLG 95,
``(xvi) SLR 95 or 96,
``(xvii) Steyr AUG,
``(xviii) Sturm, Ruger Mini-14,
``(xix) Tavor,
``(xx) Thompson 1927, Thompson M1, or
Thompson 1927 Commando, or
``(xxi) Uzi, Galil and Uzi Sporter, Galil
Sporter, or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110,
``(ii) MAC-10, MAC-11, or MPA3,
``(iii) Olympic Arms OA,
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or
AB-10, or
``(v) Uzi.
``(C) The following shotguns or copies or
duplicates thereof:
``(i) Armscor 30 BG,
``(ii) SPAS 12 or LAW 12,
``(iii) Striker 12, or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to
accept a detachable magazine, and that has--
``(i) a folding or telescoping stock,
``(ii) a threaded barrel,
``(iii) a pistol grip,
``(iv) a forward grip, or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a
semiautomatic rifle that has a fixed magazine with the
capacity to accept more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached
tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability
to accept a detachable magazine, and has--
``(i) a second pistol grip,
``(ii) a threaded barrel,
``(iii) a barrel shroud, or
``(iv) the capacity to accept a detachable
magazine at a location outside of the pistol
grip.
``(G) A semiautomatic pistol with a fixed magazine
that has the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock,
``(ii) a pistol grip,
``(iii) the ability to accept a detachable
magazine, or
``(iv) a fixed magazine capacity of more
than 5 rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or
based substantially on the frame or receiver of, a
firearm described in any of subparagraphs (A) through
(I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally
designed for military or law enforcement use, or a
firearm based on the design of such a firearm, that is
not particularly suitable for sporting purposes, as
determined by the Attorney General. In making the
determination, there shall be a rebuttable presumption
that a firearm procured for use by the United States
military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a
firearm shall not be determined to be particularly
suitable for sporting purposes solely because the
firearm is suitable for use in a sporting event.
``(2) Related definitions.--
``(A) Barrel shroud.--The term `barrel shroud'
means a shroud that is attached to, or partially or
completely encircles, the barrel of a firearm so that
the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide
that encloses the barrel, and does not include an
extension of the stock along the bottom of the barrel
which does not encircle or substantially encircle the
barrel.
``(B) Conversion kit.--The term `conversion kit'
means any part or combination of parts designed and
intended for use in converting a firearm into a
semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be
assembled if the parts are in the possession or under
the control of a person.
``(C) Detachable magazine.--The term `detachable
magazine' means an ammunition feeding device that can
readily be inserted into a firearm.
``(D) Fixed magazine.--The term `fixed magazine'
means an ammunition feeding device contained in, or
permanently attached to, a firearm.
``(E) Folding or telescoping stock.--The term
`folding or telescoping stock' means a stock that
folds, telescopes, or otherwise operates to reduce the
length, size, or any other dimension, or otherwise
enhances the concealability, of a firearm.
``(F) Forward grip.--The term `forward grip' means
a grip located forward of the trigger that functions as
a pistol grip.
``(G) Pistol grip.--The term `pistol grip' means a
grip, a thumbhole stock, or any other characteristic
that can function as a grip.
``(H) Threaded barrel.--The term `threaded barrel'
means a feature or characteristic that is designed in
such a manner to allow for the attachment of a firearm
as defined in section 5845(a) of the National Firearms
Act (26 U.S.C. 5845(a)).
``(d) Termination.--This section shall not apply with respect to
any weapon surrendered during a taxable year beginning more than 2
years after the date of the enactment of the Support Assault Firearms
Elimination and Reduction for our Streets Act.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting before the
item relating to section 26 the following new item:
``Sec. 25E. Assault weapon turn-in credit.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Support Assault Firearms Elimination and Reduction for our Streets Act Amends the Internal Revenue Code to allow an individual taxpayer to elect a tax credit of $2,000 for surrendering a specified assault weapon, as defined by this Act, as part of a public safety program to reduce the number of privately owned weapons. Terminates such credit two years after the enactment of this Act. | Support Assault Firearms Elimination and Reduction for our Streets Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wealth Through the Workplace Act of
1999''.
SEC. 2. STOCK PURCHASE ARRANGEMENTS.
(a) In General.--Section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002) is amended by adding at the end
the following new paragraph:
``(42) The term `stock purchase arrangement', as used in paragraph
(1) and sections 105(e) and 414, means any arrangement which--
``(A) is maintained by an employer corporation for the
purpose of transferring, directly or indirectly, to the
employees covered under the arrangement shares of stock
pursuant to the exercise by the employee of an option granted
under the terms of the arrangement to the employee, and
``(B) is expressly designated in the terms governing the
arrangement as a stock purchase arrangement intended to meet
the requirements of section 414(b).''.
(b) Treatment as Employee Welfare Benefit Plan.--Paragraph (1) of
section 3 of such Act (29 U.S.C. 1002(1)) is amended by adding at the
end the following new sentence: ``Solely for purposes of sections
105(e) and 414 and part 5 (as applicable with respect to such
sections), a stock purchase arrangement shall be deemed to be an
employee welfare benefit plan and any employee covered under such an
arrangement shall be deemed to be a participant thereunder.''.
SEC. 3. STOCK PURCHASE ARRANGEMENTS.
(a) In General.--Part 4 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended--
(1) by redesignating section 414 (29 U.S.C. 1114) as
section 415; and
(2) by inserting after section 413 (29 U.S.C. 1113) the
following new section:
``stock purchase arrangements
``Sec. 414. (a) In General.--A transaction which constitutes an
option or transfer described in section 3(42) under a stock purchase
arrangement shall be treated, solely for purposes of paragraph (5) of
section 502(a) (and part 5 as it relates to such paragraph), as a
practice in violation of the requirements of this title, unless such
stock purchase arrangement meets the requirements of subsection (b).
``(b) Requirements.--An allowable stock purchase arrangement meets
the requirements of this subsection if the following requirements are
met thereunder with respect to options and transfers described in
section 3(42):
``(1) Employment status required in relation to exercise of
option.--Under the terms of the arrangement--
``(A) options are to be granted only to employees
of the employer corporation or of its parent or
subsidiary corporation (including members of the board
of directors of any such corporation) to purchase stock
in the employer corporation or any other such
corporation, and
``(B) no option that has been granted to an
employee can be exercised unless, at all times during
the period beginning with the date of the granting of
the option to the employee and ending on the day 6
months before the date of the exercise of such option
by the employee, the employee is an employee of the
employer corporation, of a parent or subsidiary
corporation of the employer corporation, or of a
corporation (or a parent or subsidiary corporation of
such corporation) issuing or assuming a stock option in
a transaction to which subsection (c) applies.
``(2) Approval.--Such arrangement is approved by the board
of directors of the granting corporation (or, if required by
the bylaws of such corporation, by its shareholders), in
writing indicating that the arrangement is intended to meet the
requirements of this section, within 12 months before or after
the date such arrangement is adopted.
``(3) Larger shareholders excluded.--Under the terms of the
arrangement, no employee can be granted an option if such
employee, immediately after the option is granted, owns stock
possessing 5 percent or more of the total combined voting power
or value of all classes of stock of the employer corporation or
of its parent or subsidiary corporation. For purposes of this
paragraph, the rules of subsection (d) shall apply in
determining the stock ownership of an employee, and stock which
the employee may purchase under outstanding options shall be
treated as stock owned by the employee.
``(4) Participation.--
``(A) General rule.--Such options are granted
during each fiscal year of the arrangement to at least
50 percent of all individuals who are employees of the
employer corporation and, if any employee of a parent
or subsidiary corporation of the employer corporation
is covered under the arrangement, 50 percent of the
individuals who are employees of such parent or
subsidiary corporation.
``(B) Exception.--If the arrangement provides for
the exclusion of individuals--
``(i) who have been employed less than 2
years,
``(ii) whose customary employment is 20
hours or less per week,
``(iii) whose customary employment is for
not more than 5 months in any calendar year, or
``(iv) who are not United States citizens
or lawful permanent residents of the United
States (as defined in section 7701(b)(6) of the
Internal Revenue Code of 1986),
then subparagraph (A) shall be applied after first
disregarding all such excluded individuals.
``(5) Uniform rights and privileges.--All employees granted
such options shall have the same rights and privileges, except
that the amount of stock which may be purchased by any employee
under such option may bear a uniform relationship to the total
compensation, or the basic or regular rate of compensation, of
such employee, and the arrangement may provide that no employee
may purchase more than a maximum amount of stock fixed under
the arrangement.
``(6) Valuation requirements.--Under the terms of the
arrangement, the option price is not less than the lesser of--
``(A) an amount equal to 85 percent of the fair
market value of the stock at the time such option is
granted, or
``(B) an amount which under the terms of the
arrangement may not be less than 85 percent of the fair
market value of the stock at the time such option is
exercised.
``(7) Limited transferability.--Under the terms of the
arrangement, such option is not transferable by the employee
otherwise than by will or the laws of descent and distribution,
and is exercisable, during his lifetime, only by him.
``(8) Publicly traded and regulated stock.--The class of
shares of stock with respect to which the option is granted is
a class of shares of stock which are publicly traded on an
exchange regulated by the Securities and Exchange Commission.
``(9) Rate of cash compensation must be unaffected.--The
grant of any options under the arrangement may not be directly
linked with a systematic reduction in the annual rate at which
basic or regular cash compensation is paid to employees under
the arrangement, as determined under regulations prescribed by
the Secretary of the Treasury.
``(c) Corporate Reorganizations, Liquidations, Etc.--For purposes
of this section, the term `issuing or assuming a stock option in a
transaction to which subsection (c) applies' means a substitution of a
new option for the old option, or an assumption of the old option, by
the employer corporation, or by a parent or subsidiary of the employer
corporation, by reason of a corporate merger, consolidation,
acquisition of property or stock separation, reorganization, or
liquidation, if--
``(1) the excess of the aggregate fair market value of the
shares subject to the option immediately after the substitution
or assumption over the aggregate option priced of such shares
is not more than the excess of the aggregate fair market value
of all shares subject to the option immediately before such
substitution or assumption over the aggregate option price of
such shares, and
``(2) the new option or the assumption of the old option
does not give the employee additional benefits which he did not
have under the old option.
For purposes of this subsection, the parent-subsidiary relationship
shall be determined at the time of any such transaction under this
subsection.
``(d) Attribution of Stock Ownership.--For purposes of this
section, in applying the percentage limitations of subsection (b)(3)--
``(1) the employee with respect to whom such limitation is
being determined shall be considered as owning the stock owned,
directly or indirectly, by or for his brothers and sisters
(whether by the whole or half blood), spouse, ancestors, and
lineal descendants, and
``(2) stock owned, directly or indirectly, by or for a
corporation, partnership, estate, or trust, shall be considered
as being owned proportionately by or for its shareholders,
partners, or beneficiaries.
``(e) Definitions and Additional Rules.--
``(1) Parent corporation.--For purposes of this section,
the term `parent corporation' means any corporation (other than
the employer corporation) in an unbroken chain of corporations
ending with the employer corporation if, at the time of the
granting of the option, each of the corporations other than the
employer corporation owns stock possessing 50 percent or more
of the total combined voting power of all classes of stock in
one of the other corporations in such chain.
``(2) Subsidiary corporation.--For purposes of this
section, the term `subsidiary corporation' means any
corporation (other than the employer corporation) in an
unbroken chain of corporations beginning with the employer
corporation if, at the time of the granting of the option, each
of the corporations other than the last corporation in the
unbroken chain owns stock possessing 50 percent or more of the
total combined voting power of all classes of stock in one of
the other corporations in such chain.
``(3) Special rule for applying paragraphs (1) and (2).--In
applying paragraphs (1) and (2) for purposes of subsection
(b)(1)(B), there shall be substituted for the term `employer
corporation' wherever it appears in paragraphs (1) and (2) the
term `grantor corporation' or the term `corporation issuing or
assuming a stock option in a transaction to which subsection
(c) applies' as the case may be.
``(f) Modification, Extension, or Renewal of Option.--
``(1) In general.--For purposes of this section, if the
terms of any option to purchase stock are modified, extended,
or renewed, such modification, extension, or renewal shall be
considered as the granting of a new option.
``(2) Special rules.--In the case of the transfer of stock
pursuant to the exercise of an option which has been so
modified, extended, or renewed, the fair market value of such
stock at the time of the granting of such option shall be
considered as whichever of the following is the highest:
``(A) the fair market value of such stock on the
date of the original granting of the option,
``(B) the fair market value of such stock on the
date of the making of such modification, extension, or
renewal, or
``(C) the fair market value of such stock at the
time of the making of any intervening modification,
extension, or renewal.
``(3) Definition of modification.--The term `modification'
means any change in the terms of the option which gives the
employee additional benefits under the option, but such term
shall not include a change in the terms of the option--
``(A) attributable to the issuance or assumption of
an option under subsection (c),
``(B) to permit the option to meet the requirements
of subsection (b)(7), or
``(C) in the case of an option not immediately
exercisable in full, to accelerate the time at which
the option may be exercised.
``(g) Director or Stockholder Approval.--For purposes of this
section, if the grant of an option is subject to approval by directors
or stockholders, the date of grant of the option shall be determined as
if the option had not been subject to such approval.
``(h) Limited Effect on Tax Provisions.--The provisions of this
section shall not be construed to alter, amend, modify, invalidate,
impair, or supersede any provision of section 421 or 423 of the
Internal Revenue Code of 1986, except as provided in section 421(d) of
such Code.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by striking the item relating to section 414 and
inserting the following new items:
``Sec. 414. Allowable stock purchase arrangements.
``Sec. 415. Effective date.''.
SEC. 4. NOTICE REQUIREMENT.
(a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end
the following new subsection:
``(e) The employer corporation maintaining a stock purchase
arrangement shall provide at least annually to employees who have been
granted an option to purchase stock under such arrangement a
description of disclosure statements regarding the stock that are
available from the Securities and Exchange Commission and the manner in
which such disclosure statements may be obtained from such Commission.
Descriptions under this subsection shall be made in language that is
easily understood by the typical employee.''.
(b) Penalty of $100 a Day for Noncompliance.--Section 502(c)(3) of
such Act (29 U.S.C. 1132(c)(3)) is amended by inserting ``or 105(e)''
after ``section 101(e)(2)''.
SEC. 5. TREATMENT UNDER INTERNAL REVENUE CODE OF 1986.
Section 421 of the Internal Revenue Code of 1986 (relating to
general rules for certain stock options) is amended by adding at the
end the following new subsection:
``(d) Stock Options Under Section 414(b) of Employee Retirement
Income Security Act of 1974; Deduction Allowed to Corporation.--
``(1) In general.--Except as otherwise provided in this
subsection, subsection (a) (other than paragraph (2) thereof)
shall apply to any share of stock transferred to an individual
in a transfer in respect of which the requirements of section
414(b) of Employee Retirement Income Security Act of 1974 are
met.
``(2) Effect of disqualifying disposition.--If--
``(A) any share of stock is transferred to an
individual in a transfer in respect of which the
requirements of section 414(b) of Employee Retirement
Income Security Act of 1974 are met, and
``(B) such individual disposes of such share within
2 years from the date of the granting of the option or
within 1 year after the transfer of such share to such
individual,
then any increase in the income of such individual for the
taxable year in which such exercise occurred attributable to
such disposition shall be treated as an increase in income in
the taxable year of such individual in which such disposition
occurred.
``(3) Limitation on employer deduction.--If--
``(A) any share of stock is transferred to an
individual in a transfer in respect of which the
requirements of section 414(b) of Employee Retirement
Income Security Act of 1974 are met, and
``(B) such share is not disposed of in a
disposition to which paragraph (2) applies,
the aggregate deduction allowed under section 162(a) to the
corporations referred to in subsection (a)(2) shall not exceed
the excess (if any) of the fair market value of such share at
the time the option is exercised over the fair market value of
such share at the time the option is granted.
``(4) Other rules.--References in subsection (c) to section
423 shall be treated as references to the corresponding
provisions of section 414(b) of Employee Retirement Income
Security Act of 1974.''
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take apply with respect to
options offered on or after January 1, 2000. | Amends the Internal Revenue Code to provide for special treatment of stock options meeting such ERISA requirements. Permits employees to defer payment of taxes at a special rate on the stock obtained through the options until they sell the stock. Allows employers a limited tax deduction for such stock transfers to employees. Sets forth certain restrictions on disposition of transferred shares. | Wealth Through the Workplace Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Care Veterans Deserve Act of 2016''.
SEC. 2. EXPANSION OF VETERANS CHOICE PROGRAM.
(a) Elimination of Sunset.--
(1) In general.--Section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note) is amended--
(A) by striking subsection (p); and
(B) by redesignating subsections (q), (r), (s), and
(t) as subsections (p), (q), (r), and (s),
respectively.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (i)(2), by striking ``during the
period in which the Secretary is authorized to carry
out this section pursuant to subsection (p)''; and
(B) in subsection (p)(2), as redesignated by
paragraph (1)(B), by striking subparagraph (F).
(b) Expansion of Eligibility for Program.--
(1) In general.--Subsection (b) of such section is amended
to read as follows:
``(b) Eligible Veterans.--A veteran is an eligible veteran for
purposes of this section if the veteran is enrolled in the system of
annual patient enrollment established and operated under section 1705
of title 38, United States Code.''.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (c)(1)--
(i) in the matter preceding subparagraph
(A), by striking ``In the case of an eligible
veteran described in subsection (b)(2)(A), the
Secretary shall, at the election of the
eligible veteran'' and inserting ``The
Secretary shall, at the election of an eligible
veteran''; and
(ii) in subparagraph (A), by striking
``described in such subsection'' and inserting
``of the Veterans Health Administration'';
(B) in subsection (f)(1), by striking ``subsection
(b)(1)'' and inserting ``subsection (b)'';
(C) by amending subsection (g) to read as follows:
``(g) Information on Availability of Care.--
``(1) In general.--The Secretary shall provide information
to a veteran about the availability of care and services under
this section when the veteran enrolls in the system of annual
patient enrollment established and operated under section 1705
of title 38, United States Code.
``(2) Individuals already enrolled.--With respect to
veterans enrolled in such system of annual patient enrollment
as of the date of the enactment of the Care Veterans Deserve
Act of 2016 who have not received information about the
availability of care and services under this section, the
Secretary shall provide such information to such veterans not
later than 120 days after such date of enactment.''; and
(D) in subsection (p)(2)(A), as redesignated by
subsection (a)(1)(B), by striking ``, disaggregated
by--'' and all that follows through ``subsection
(b)(2)(D)''.
SEC. 3. ACCESS OF VETERANS TO WALK-IN CLINICS.
(a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703 the following
new section:
``Sec. 1703A. Hospital care and medical services at walk-in clinics
``(a) In General.--The Secretary shall enter into a contract with a
national chain of walk-in clinics to provide the hospital care and
medical services offered in such clinics to veterans enrolled in the
system of annual patient enrollment established and operated under
section 1705 of this title.
``(b) No Authorization or Copayment Required.--In receiving
hospital care or medical services at a walk-in clinic under subsection
(a), a veteran is not required--
``(1) to obtain authorization before receiving such care or
services at the clinic; or
``(2) to pay a copayment to the clinic or the Department in
connection with the receipt of such care or services.
``(c) Locations.--The Secretary may not require a national chain of
walk-in clinics to expand their locations as a condition of a contract
entered into under subsection (a).
``(d) Transmittal of Information.--(1) The national chain of walk-
in clinics with which the Secretary has entered into a contract under
subsection (a) shall establish an automated system that transmits to
the Secretary on a weekly basis information regarding the hospital care
or medical services provided to veterans under this section during such
week.
``(2) The automated system under paragraph (1) shall be established
in a manner that allows the system to securely transmit information to
the electronic health record of a veteran regarding the hospital care
and medical services provided to the veteran under this section.
``(3) Transmittal of information under paragraph (1) may not be
required as a condition of payment for hospital care or medical
services provided under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1703 the following new item:
``1703A. Hospital care and medical services at walk-in clinics.''.
SEC. 4. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by inserting after section 1730A the following
new section:
``Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
``(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where such
health care professional or the patient is located, if the health care
professional is using telemedicine to provide treatment to an
individual under this chapter.
``(b) Location of Care.--Subsection (a) shall apply to a covered
health care professional providing treatment to a patient regardless of
whether such health care professional or patient is located in a
facility owned by the Federal Government during such treatment.
``(c) Rule of Construction.--Nothing in this section may be
construed to remove, limit, or otherwise affect any obligation of a
covered health care professional under the Controlled Substances Act
(21 U.S.C. 801 et seq.).
``(d) Definitions.--In this section:
``(1) The term `covered health care professional' means a
health care professional who is--
``(A) authorized by the Secretary to provide health
care under this chapter, including a private health
care professional who provides such care under a
contract or agreement entered into with the Secretary,
including a contract entered into under section 1703 of
this title; and
``(B) licensed, registered, or certified in a State
to practice the health care profession of the health
care professional.
``(2) The term `telemedicine' means the use of
telecommunication technology and information technology to
provide health care or support the provision of health care in
situations in which the patient and health care professional
are separated by geographic distance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:
``1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the use of
telemedicine by the Department of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The reduction, if any, in the use by
veterans of services at Department facilities
and non-Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the one-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by Veterans
Integrated Service Network.
(F) Savings by the Department, if any, including
travel costs, of furnishing health care through the use
of telemedicine during such period.
(3) Telemedicine defined.--In this subsection, the term
``telemedicine'' has the meaning given that term in section
1730B(d)(2) of title 38, United States Code, as added by
subsection (a).
SEC. 5. EXTENSION OF OPERATING HOURS FOR PHARMACIES AND MEDICAL
FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Extension of Operating Hours for Pharmacies.--The Secretary of
Veterans Affairs shall extend the operating hours for each pharmacy of
the Department of Veterans Affairs during which the pharmacy offers
services comparable to retail pharmacies to include--
(1) operation on Saturday, Sunday, and Federal holidays;
and
(2) operation until 8:00 p.m. on weekdays that are not
Federal holidays.
(b) Contracts With Providers During Nights and Weekends.--The
Secretary shall enter into contracts, including through locum tenens
arrangements, with physicians and nurses that meet qualifications set
forth by the Secretary for purposes of this section under which such
physicians and nurses work at medical facilities of the Department
during nights and weekends.
(c) Support Staff.--The Secretary may obtain additional support
staff as necessary to carry out this section, including by hiring
employees or contracting for services.
SEC. 6. CONDUCT OF BEST-PRACTICES PEER REVIEW OF EACH MEDICAL CENTER OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs may provide for
the conduct by a nongovernmental hospital organization of a best-
practices peer review of each medical center of the Department of
Veterans Affairs to evaluate the efficacy of health care delivered at
each such medical center.
(b) Priority.--The Secretary shall give priority for peer review
conducted under subsection (a) to the medical centers of the Department
with the longest wait times for an appointment or the worst health
outcomes, as determined by the Secretary. | Care Veterans Deserve Act of 2016 This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make the Veterans Choice Program permanent. Program eligibility is expanded to include all veterans who are enrolled in the annual patient enrollment system under the Department of Veterans Affairs (VA) hospital care and medical services program. The VA shall provide information about the availability of Program care and services to veterans who are new to, or already enrolled, in the system. The VA shall contract with a national chain of walk-in clinics to provide hospital care and medical services in such clinics to veterans who are in the annual patient enrollment system. A veteran shall not be required to: (1) obtain pre-authorization for such care, or (2) pay a copayment to the clinic or to the VA. Such national chain shall establish an automated system to provide the VA with weekly information on veterans receiving hospital care or medical services. A covered health care professional may practice his or her health care profession at any location in any state, regardless of where such health care professional or the patient is located, if the health care professional is using telemedicine to treat an individual. Such treatment is permitted regardless of whether the professional or patient is located in a federally-owned facility. "Covered health care professional" means a health care professional who is: (1) authorized by the VA to provide health care, including a private health care professional who provides such care under a VA contract or agreement; and (2) licensed, registered, or certified in a state to practice his or her health care profession. The VA shall: extend the operating hours for each VA pharmacy to include weekday evenings until 8:00 p.m., weekends, and federal holidays; and contract with qualifying physicians and nurses to work at VA medical facilities during nights and weekends. The VA may: (1) hire support staff in connection with such extended operating hours, and (2) provide for a nongovernmental hospital organization best-practices peer review of each VA medical center. | Care Veterans Deserve Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Embassy Design and Security Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Embassies--
(A) are an important reflection of American values,
openness, ingenuity, and innovation;
(B) should reflect the best of United States
design, architecture, sustainability, and technology;
and
(C) should maintain security as a top priority.
(2) Since 2001, the Bureau of Overseas Buildings Operations
(referred to in this section as ``OBO'') has--
(A) completed 71 new diplomatic and consular
facilities; and
(B) moved more than 20,000 individuals into safer,
more secure and functional facilities.
(3) OBO, which has 34 other building projects in design or
construction in 2010, has demonstrated its ability to construct
diplomatic and consular facilities in a timely and expeditious
manner.
(4) Since the August 1998 embassy bombings in East Africa,
United States diplomatic and consular facilities have faced
increasing attacks.
(5) OBO constructs safe and functional facilities for
American diplomats to allow them to advance foreign policy and
to strive to create better, safer, and more secure communities
for all citizens of the world.
(6) In his seminal memo, entitled ``Guiding Principles for
Federal Architecture'', the Honorable Daniel Patrick Moynihan
laid out the following core principles:
(A) ``It should be our object to meet the test of
Pericles' evocation to the Athenians, which the
President commended to the Massachusetts legislature in
his address of January 9, 1961: `We do not imitate--for
we are a model to others.'''.
(B) ``The policy shall be to provide requisite and
adequate facilities in an architectural style and form
which is distinguished and which will reflect the
dignity, enterprise, vigor and stability of the
American National Government.''.
(C) ``The development of an official style must be
avoided. . . . The advice of distinguished architects,
as a rule, ought to be sought prior to the award of
important design contracts.''.
(D) ``The choice and development of the building
site should be considered the first step of the design
process.''.
(7) The principles set forth in paragraph (2) provide the
foundation for the General Services Administration's Design
Excellence Program, which--
(A) establishes nationwide policies and procedures
for selecting distinguished architects and artists for
General Services Administration's commissions; and
(B) implements rigorous review processes to produce
facilities and civic artworks of outstanding quality
and value.
(8) Section 401 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) defines a high-performance
building as ``a building that integrates and optimizes on a
life cycle basis all major high performance attributes,
including energy conservation, environment, safety, security,
durability, accessibility, cost-benefit, productivity,
sustainability, functionality, and operational
considerations''.
(9) The 2009 American Institute of Architects ``Design for
Diplomacy: New Embassies for the 21st Century'' reports
``significant interest in developing an approach that would
enable architects and engineers to design embassies that
reflected the unique needs of a site at a foreign post''.
(10) The Center for Strategic and International Studies
published a report in 2007, authored by the Embassy of the
Future Commission and entitled ``The Embassy of the Future'',
which makes the following statements:
(A) ``The new embassy facilities have in some
places created the perception among some of a fearful
United States, retreating behind high walls and
isolating itself from the people it is trying to
reach.''.
(B) ``The commission believes that it is important
to meet security needs in ways that reflect the new
diplomatic job.''.
(C) ``[S]etbacks, barriers, and other security
features can be designed in ways that integrate
security with the overall building design and
surroundings.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to adopt design excellence as
a mandate to advance a new generation of secure, high-performance,
sustainable diplomatic and consular facilities in support of United
States foreign policy.
SEC. 4. ESTABLISHMENT OF A DESIGN EXCELLENCE PROGRAM AT THE DEPARTMENT
OF STATE.
The Secretary of State should--
(1) develop and establish a design excellence program,
which shall be--
(A) modeled after the program used by the General
Services Administration; and
(B) tailored to the specific requirements of the
Bureau of Overseas Building Operations;
(2) ensure that security remains a top priority for all
diplomatic and consular facilities;
(3) integrate sustainability and sustainable design and
construction best practices for all facilities constructed
under the direction of the Bureau of Overseas Building
Operations;
(4) encourage innovation in building design;
(5) create a framework for testing new technologies as they
come on the market that can create potential value for new
facilities;
(6) create a design excellence policies and procedures
manual, which shall--
(A) explain the mandate of the design excellence
program; and
(B) describe how the Department of State will
implement and operate the program;
(7) establish a high-level board to track the progress of
the design excellence program, which--
(A) shall be composed of an equivalent number of--
(i) outside professionals who have specific
architectural, design, and industry expertise;
and
(ii) senior United States Government
officials; and
(B) shall meet not less frequently than
semiannually--
(i) to review and analyze the progress and
results of the program; and
(ii) to provide guidance to the Department
of State on questions that may arise;
(8) train staff to support design excellence through
education and training on program implementation to ensure
consistency and quality on all projects;
(9) perform post-occupancy evaluations to identify the
problems and successes of each facility;
(10) consider utilizing research studies from outside the
Department of State to bring new ideas and provide cost-
effective solutions;
(11) include fine arts advisors as part of the design
excellence program and peer review panels for all embassy
projects; and
(12) undertake a concurrent review of the Standard Embassy
Design Program (referred to in this section as the ``SED
Program'') to determine--
(A) the best way to integrate the newly established
design excellence program with the SED Program; and
(B) modifications that need to be made to the SED
Program.
SEC. 5. ARCHITECTURAL ADVISORY BOARD.
(a) In General.--The Secretary shall reestablish the Architectural
Advisory Board (referred to in this section as the ``Board'') in order
to--
(1) advise the Department of State on design standards;
(2) recommend the most appropriate style of architecture
for prospective projects;
(3) review the quality and fitness of designs;
(4) advise on an appropriate balance and integration
between security priorities and American values of openness and
design;
(5) advise how the Department can construct new diplomatic
and consular facilities that are built to the most up-to-date
energy efficiency requirements, standards, checklists, or
rating systems, to the extent possible;
(6) advise how the Department can place diplomatic and
consular facilities in urban and city center locations, to the
extent possible--
(A) to permit greater accessibility to national
government institutions; and
(B) to facilitate ease of access for local
residents; and
(7) advise how the Department can construct new diplomatic
and consular facilities with future, projected growth needs in
mind, including growth needs for other Federal agencies.
(b) Composition.--The Board shall be composed of 5 members
appointed by the Secretary from outside the United States Government,
who are noted for their knowledge of, and experience with, architecture
and design.
(c) Deadline for Appointments.--All members of the Board shall be
appointed not later than 60 days after the date of the enactment of
this Act.
(d) Meetings.--The Board shall meet not less frequently than
semiannually at the call of the Chairperson.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Board--
(A) shall be paid compensation out of funds made
available for the purposes of this title at the daily
equivalent of the highest rate payable under section
5332 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the actual performance of duties as a member
of the Board; and
(B) while away from the member's home or regular
place of business on necessary travel in the actual
performance of duties as a member of the Board, shall
be paid per diem, travel, and transportation expenses
in the same manner as is provided under subchapter I of
chapter 57 of title 5, United States Code.
(2) Limitation.--A member of the Board may not be paid
compensation under paragraph (1)(B) for more than 90 days in
any calendar year.
(f) Exemption.--The Board shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 6. REPORT TO REVIEW THE STANDARD EMBASSY DESIGN PROGRAM.
Not later than 1 year after the date of the enactment of this Act,
the Architectural Review Board established under section 5 shall submit
to the appropriate congressional committees an assessment of the
Standard Embassy Design Program, which shall include--
(1) a comprehensive review of the Standard Embassy Design
template, including the utility of the template in overseas
contexts and general strengths, weaknesses, drawbacks, and
limitations to the template;
(2) an analysis of the cost-effectiveness and overall
utility of incorporating 1 of 4 classes of Standard Embassy
Design (small, medium, large, and extra large);
(3) an analysis of whether such approach unduly limits the
flexibility of design and responsiveness to local contexts and
priorities;
(4) a consideration of alternative approaches to enable
architects and engineers--
(A) to design embassies that reflect the unique
needs of a site at a foreign post; and
(B) to incorporate appropriate standard design and
construction components common to the building type;
(5) an examination of the effectiveness of the SED Program
in--
(A) integrating security concerns with design
considerations;
(B) ensuring an adequate growth footprint for
future embassy personnel increases;
(C) incorporating sustainable design and the most
up-to-date energy efficiency requirements, standards,
checklists, or rating systems for diplomatic and
consular facilities;
(D) allowing for open and public access; and
(E) ensuring overall design excellence; and
(6) recommendations on--
(A) the best way to integrate the newly established
Embassy Design Excellence Program with the SED Program;
and
(B) the modifications to the SED Program that are
warranted.
SEC. 7. MODIFIED SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC AND
CONSULAR FACILITIES.
(a) Sense of Congress on Co-Location and Security Requirements.--It
is the sense of Congress that--
(1) while assessing the necessity, security, and efficiency
of co-locating all United States Government personnel at a
single embassy site within a single foreign country, the
Secretary should consider placing United States Government
personnel at locations conducive to maximizing their use;
(2) while cost efficiency and security considerations may
justify the consolidation of multiple Federal departments and
agencies at a single location, such a determination should not
be made without taking into account other crucial policy
considerations;
(3) the Secretary should consider alternative location
arrangements that do not affect the strength and
appropriateness of security arrangements for United States
Government personnel;
(4) it is crucial that security standards remain uniformly
high in all locations hosting United States Government
personnel;
(5) the perimeter distance requirement under section
606(a)(3) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(3)) imposes a
uniform security standard for all diplomatic and consular
facilities regardless of country context or specific security
needs;
(6) a more nuanced approach may tailor specific security
requirements, such as perimeter distance requirements, to
particular security considerations in a given country; and
(7) while every country with diplomatic representation must
have a modern, secure, safe, and functional facility, it is
important to integrate security with the long-term impact on
the foreign policy objectives of the Department of State.
(b) Diplomatic and Consular Facilities Task Force.--
(1) In general.--The Secretary of State should establish
the Diplomatic and Consular Facilities Task Force (referred to
in this section as the ``Task Force'')--
(A) to review existing regulations, standards, and
procedures to implement paragraphs (2) and (3) of
section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and
(B) to make appropriate recommendations to modify
or revoke the regulations, standards, and procedures
under such Act.
(2) Composition.--The Task Force shall be composed of 7
members, of whom--
(A) 4 shall be senior career professionals of the
Department of State with different personnel
backgrounds; and
(B) 3 shall be professionals outside the United
States Government who are noted for their knowledge and
experience in construction and security issues.
(3) Deadline for appointments.--All members of the Task
Force shall be appointed not later than 60 days after the date
of the enactment of this Act.
(4) Exemption.--The Task Force shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).
(5) Termination.--The Task Force shall terminate on the
date on which the report is submitted to Congress under
subsection (c)(2).
(c) Reports.--
(1) Secretary of state.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that describes--
(A) the recommendations made by the Task Force
under subsection (b)(1)(B); and
(B) the impact of such recommendations on the
operations of, and security standards for, United
States diplomatic and consular facilities.
(2) Comptroller general.--Not later than 120 days after the
submission of the report under paragraph (1), the Comptroller
General of the United States shall submit a report to the
appropriate congressional committees that contains--
(A) a review of, and comments on, the
recommendations made by the Task Force under subsection
(b)(1)(B); and
(B) the Comptroller General's recommendations for
improving the security standards at all United States
diplomatic and consular facilities. | Embassy Design and Security Act of 2010 - States that it is U.S. policy to adopt design excellence as a mandate for a new generation of secure, high-performance diplomatic and consular facilities.
Urges the Secretary of State to establish: (1) a design excellence program modeled after the General Services Administration (GSA) program to integrate security, innovation, and design and construction best practices for all facilities constructed under the direction of the Bureau of Overseas Building Operations; and (2) a high-level board to track the design excellence program's progress.
Directs the Secretary to reestablish the Architectural Advisory Board to: (1) advise the Department of State on design standards; and (2) review design quality and fitness. | A bill to establish a Design Excellence Program at the Department of State, to reestablish the Architectural Advisory Board, to assess the Standard Embassy Design Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Plant Pest Detection and
Surveillance Improvement Act''.
SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PLANT PESTS.
Subtitle B of the Plant Protection Act (7 U.S.C. 7731 et seq.) is
amended by adding at the end the following:
``SEC. 427. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PLANT PESTS.
``(a) Definitions.--In this section:
``(1) Department of agriculture.--The term `department of
agriculture' means an agency of a State that has a legal
responsibility to perform early plant pest detection and
surveillance activities.
``(2) Early plan pest detection and surveillance.--The term
`early plant pest detection and surveillance' means the full
range of activities undertaken to detect newly introduced plant
pests, whether the plant pests are new to the United States or
new to certain areas of the United States, before--
``(A) the plant pests become established; or
``(B) pest infestations become too large or costly
to eradicate or control.
``(b) Cooperative Agreements Authorized.--
``(1) In general.--The Secretary shall enter into a
cooperative agreement with each department of agriculture that
agrees to conduct early plant pest detection surveillance
activities in accordance with guidelines established under the
Cooperative Agricultural Pest Survey.
``(2) Activities.--The pest detection surveillance
activities of the department of agriculture of a State may
include inspection and surveillance of domestic plant shipments
between that State and other States.
``(c) Application.--
``(1) In general.--A department of agriculture seeking to
enter into a cooperative agreement under this section shall
submit an application to the Secretary containing such
information as the Secretary may require.
``(2) Notification.--The Secretary shall notify applicants
of--
``(A) the requirements to be imposed on a
department of agriculture for auditing of, and
reporting on, the use of any funds provided by the
Secretary under the cooperative agreement;
``(B) the criteria to be used to ensure that early
plant pest detection and surveillance activities
supported under the cooperative agreement are based on
knowledge, experience, and capabilities;
``(C) the means of identifying pathways of pest
introductions; amd
``(D) the methods to be used to determine the level
of support for proposed early plant pest detection and
surveillance activities by private and public interests
adversely affected by plant pests.
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with the National Plant Board and the National
Association of State Departments of Agriculture.
``(e) Base Funds Under Agreements.--
``(1) In general.--Subject to the availability of
appropriated funds to carry out this section, each State
department of agriculture with which the Secretary enters into
a cooperative agreement under this section shall receive a base
level of funding of $250,000 for each of fiscal years 2008
through 2012.
``(2) Insufficient funds.--If the funds available for a
fiscal year are insufficient to provide the full amount
required under paragraph (1), the Secretary shall reduce the
amount provided to each State as necessary so that each State
receives an equal amount of the available funds.
``(f) Distribution of Remaining Funds.--After the application of
subsection (e), the Secretary shall distribute any remaining funds
appropriated to carry out this section to departments of agriculture of
States that are recognized as high-risk sentinel States for 1 or more
plant pests, based on--
``(1) the number of international airports and maritime
facilities in the State;
``(2) the volume of international passenger and cargo entry
into the State;
``(3) the geographic location of the State, taking into
consideration whether the location of the State would be
conducive to agricultural pest and disease establishment due to
both the climate and crop diversity of the State;
``(4) whether the State has received an emergency
declaration, as authorized by section 442, due to an
agricultural pest or disease of Federal concern; and
``(5) such other factors as the Secretary determines
appropriate.
``(g) Use of Funds.--
``(1) Pest detection and surveillance activities.--A
department of agriculture that receives funds under this
section shall use the funds to carry out early plant pest
detection and surveillance activities to prevent the
introduction of a pest or facilitate the eradication of a pest.
``(2) Subagreements.--Nothing in this section prevents the
department of agriculture of a State from using funds received
under subsection (e) or (f) to enter into subagreements with
political subdivisions in the State that have legal
responsibilities relating to agricultural pest and disease
surveillance.
``(3) Implementation.--In carrying out this section, a
department of agriculture of a State shall use funds provided
under subsection (e) or (f) in a manner that--
``(A) maximizes the use of the funds to carry out
activities described in paragraph (1); and
``(B) minimizes the use of the funds for
administrative or overhead costs.
``(4) Maintenance of funding.--Funds provided under
subsection (e) or (f) shall supplement (and not supplant) other
funding available to a department of agriculture to perform
early plant pest detection and surveillance activities.
``(h) Reporting Requirement.--Not later than 180 days after the
date of completion of an early plant pest detection and surveillance
activity conducted by a department of agriculture using funds provided
under this section, the department of agriculture shall submit to the
Secretary a report that describes the purposes and results of the
activities.
``(i) No Effect on PILT Payments.--The receipt of funds by the
department of agriculture of a State under this section shall have no
effect on the amount of any payment received by the State under chapter
69 of title 31, United States Code.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this section such sums as are
necessary for each of fiscal years 2008 through 2012.
``(2) Limitation on administrative costs.--Not more than 5
percent of the funds appropriated for a fiscal year under
paragraph (1) may be used by the Secretary for administrative
costs of carrying out this section.''. | Early Plant Pest Detection and Surveillance Improvement Act - Directs the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states. | A bill to amend the Plant Protection Act to authorize the Secretary of Agriculture to enter into cooperative agreements with States to augment the efforts of the States to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rabbi Arthur Schneier Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Rabbi Arthur Schneier, Spiritual Leader of Park East
Synagogue and Founder and President, Appeal of Conscience
Foundation, has played a pioneering role in promoting religious
freedom and human rights throughout the world, for close to
half a century.
(2) The President of the United States awarded him the
Presidential Citizens Medal for ``his service as an
international envoy for four administrations'' and as a
Holocaust survivor, ``devoting a lifetime to overcoming forces
of hatred and intolerance''.
(3) He received the United States Department of State
Special Recognition Award from Secretary Colin Powell for ``...
his ecumenical work in favor of mutual understanding, tolerance
and peace ...''.
(4) In China in 2004, he headed an interfaith Appeal of
Conscience Foundation delegation which met with government
officials on behalf of religious freedom and strengthened
exchanges between religious communities in China and the United
States.
(5) He has regularly led delegations of religious leaders
to China since the early 1980s.
(6) In the Former Soviet Union, Rabbi Schneier was, in
2004, the keynote speaker at the Interreligious Conference on
Peace hosted by Patriarch Aleksey II.
(7) In Armenia in 2002, he held meetings with the Catholics
and government leaders to help ease tensions between Armenia
and Turkey.
(8) In Yugoslavia, he convened the Religious Summit on the
Former Yugoslavia in Switzerland and the Conflict Resolution
Conference in Vienna, mobilizing religious leaders to halt the
bloodshed in former Yugoslavia (1992, 1995).
(9) In the Balkans, Caucasus, and Central Asia, he
initiated the Peace and Tolerance Conference in Istanbul,
Turkey, in cooperation with the Turkish Government and the
Ecumenical Patriarch Bartholomew I (1994).
(10) In Bosnia-Herzegovina, he met with top government and
religious leaders in Sarajevo to promote healing and
conciliation between the Serbian Orthodox, Muslim, Catholic,
and Jewish communities (1997).
(11) Rabbi Schneier initiated the interfaith appeal to the
United Nations for the worldwide protection of holy sites,
which was adopted by the United Nations General Assembly in May
2001 as the resolution for the ``Protection of Religious
Sites''.
(12) In 1980, he initiated the Annual Seminar on Religious
Life to educate Foreign Service officers in the religious
traditions of the countries of their assignment.
(13) The Foreign Service Institute honored him in 2001 for
``20 years of excellent cooperation in furthering the objective
of religious freedom''.
(14) He has been very active in humanitarian missions, such
as mobilizing the American religious community in support for
the victims of the Armenian and Turkish earthquakes.
(15) A United States Alternate Representative to the United
Nations General Assembly and Chairman of the United States
Commission for the Preservation of America's Heritage Abroad,
he was one of 3 American religious leaders appointed by the
President of the United States to start the first dialogue on
religious freedom with President Jiang Zemin and other top
Chinese leaders (1998).
(16) He was a United States delegate to the Stockholm
International Forum for the Prevention of Genocide (2004).
(17) Born in Vienna, Austria, in 1930, Rabbi Schneier lived
under Nazi occupation in Budapest during World War II and
arrived in the United States in 1947.
(18) He holds the Ordination and Doctor of Divinity Degree
from Yeshiva University.
(19) In 2004, Yeshiva University honored him by
establishing the Rabbi Arthur Schneier Center for International
Affairs.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Rabbi Arthur
Schneier in recognition of his pioneering role in promoting religious
freedom and human rights throughout the world, for close to half a
century.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medal struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Rabbi Arthur Schneier Congressional Gold Medal Act - Awards the Congressional Gold Medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world for close to half a century. | To award a Congressional Gold Medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world, for close to half a century. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent-To-Own Reform Act of 2006''.
SEC. 2. RENT-TO-OWN PROTECTION ACT.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:
``TITLE X--RENT-TO-OWN TRANSACTIONS
``Sec
``1001. Short title
``1002. Findings and purposes
``1003. Definitions
``1004. Application of State laws regarding fees, charges, guarantees,
and warranties to rent-to-own transactions
``1005. Application of Federal laws to rent-to-own transactions
``1006. Disclosures
``1007. Prohibitions and enforcement
``1008. Civil liability
``1009. Application of this title
``1010. Regulations
``1011. Relationship to other laws
``SEC. 1001. SHORT TITLE.
``This title may be cited as the `Rent-To-Own Protection Act'.
``SEC. 1002. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) the rent-to-own industry targets its products
primarily to low income and minority neighborhoods;
``(2) the majority of rent-to-own customers enter into
rent-to-own contracts with the intention of owning the goods
for which they are contracting;
``(3) rent-to-own dealers often fail to disclose key terms
of rent-to-own contracts, and engage in unfair collection
practices; and
``(4) of primary significance, rent-to-own dealers do not
provide customers with the protections afforded purchasers in
retail installment sales under State and Federal laws, and
often charge excessive fees and interest rates.
``(b) Purposes.--The purposes of this title are--
``(1) to provide consumers in rent-to-own transactions the
range of protections provided under State and Federal laws to
individuals that acquire goods in other consumer credit sales,
while recognizing and preserving consumers' unilateral right to
terminate;
``(2) to require rent-to-own contracts and tags affixed to
items available for acquisition in rent-to-own transactions to
disclose material terms of those transactions; and
``(3) to prohibit rent-to-own dealers and collection agents
hired by those dealers from engaging in abusive collection
practices.
``SEC. 1003. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Board.--The term `Board' means the Board of Governors
of the Federal Reserve System.
``(2) Cash price.--The term `cash price' means the fair
market price at which retail sellers, not in the business of
renting or leasing such goods, are selling and retail buyers
are buying the same or similar property for cash in the same
trade area in which the lessor's place of business is located.
Any increase in the cash price above such fair market price
shall be disclosed to the consumer as a finance charge.
``(3) Consumer.--The term `consumer'--
``(A) when used as an adjective, means for use by
an individual primarily for personal, family, or
household purposes; and
``(B) when used as a noun, means an individual who
is the lessee or bailee under a rent-to-own contract.
``(4) Credit.--The term `credit'--
``(A) includes the right granted by a seller to a
consumer to obtain possession of an item of consumer
goods under a rent-to-own contract before payment of
the total amount that is required to be paid to acquire
ownership of the item; and
``(B) is deemed to be a fixed sum equal to--
``(i) the total of payments for the item
required to obtain ownership of the item under
the contract; minus
``(ii) the sum of--
``(I) the cash price;
``(II) any fees specifically
allowable under State law, except
finance charges, interest, or a time
price differential; and
``(III) the termination fee under
section 1004.
``(5) Rent-to-own contract.--The term `rent-to-own
contract' means--
``(A) a contract in the form of a terminable lease
or bailment of an item of consumer goods, under which--
``(i) a consumer--
``(I) has the right of possession
and use of the item; and
``(II) has the option to renew the
contract periodically by making
payments specified in the contract; and
``(ii) a seller agrees, in writing or
orally, to transfer ownership of the item to
the consumer upon the fulfillment of all
obligations of the consumer under the contract
for that transfer; and
``(B) any contract which is advertised as or
denominated as a rent-to-own contract or lease-purchase
contract, or which is in substance a rent-to-own
contract, as described in subparagraph (A).
``(6) Rent-to-own transaction.--The term `rent-to-own
transaction' means the lease or bailment of an item of consumer
goods under a rent-to-own contract.
``(7) Seller.--The term `seller' means--
``(A) a person--
``(i) who regularly makes consumer goods
available under rent-to-own contracts; and
``(ii) to whom payments are payable under
those contracts; and
``(B) an assignee of such a person.
``(8) State.--The term `State' means any State, the
Commonwealth of Puerto Rico, the District of Columbia, and any
territory or possession of the United States.
``SEC. 1004. APPLICATION OF STATE LAWS REGARDING FEES, CHARGES,
GUARANTEES, AND WARRANTIES TO RENT-TO-OWN TRANSACTIONS.
``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located which--
``(1) establish a maximum rate or amount of interest,
finance charge, or time-price differential that may be charged
in connection with a credit sale or retail installment sale for
the same or a similar item;
``(2) establish the types of fees and the maximum amount of
fees that a seller may charge in connection with a credit sale
or retail installment sale for the same or a similar item; or
``(3) establish the types of credit insurance and the
maximum amount of premiums that can be charged for credit
insurance in connection with a credit sale or a retail
installment sale for the same or a similar item.
``(b) Additional Termination Charges and Fees.--
``(1) Charges and fees authorized.--In addition to fees and
charges authorized under subsection (a), a seller in a rent-to-
own transaction may charge--
``(A) a termination fee in accordance with
paragraph (2), if in exchange the consumer is given the
right to terminate the rent-to-own contract for the
transaction at any time without regard to whether the
consumer has completed payment of the fee; and
``(B) fees that are reasonable in relation to the
cash price of the good, for recovery of the items that
are the subject of the contract and that are not
voluntarily returned to the seller upon the termination
of the contract.
``(2) Termination fee.--A termination fee under paragraph
(1)(A)--
``(A) shall not exceed 5 percent of the cash price
under the contract;
``(B) shall be disclosed in the contract;
``(C) may be paid at the time the contract is
entered into or over the life of the contract; and
``(D) shall be calculated as part of the finance
charge as determined under section 106 of the Truth in
Lending Act.
``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
shall be disclosed in the contract.
``(4) Effect of termination.--The termination of a rent-to-
own contract by a consumer in accordance with a right of
termination given to the consumer in exchange for a termination
fee under subsection (a)(1) is deemed to satisfy the consumer's
obligation for all payments and fees due under the contract,
except fees and charges under the contract that become due
before the date of termination.
``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale apply to
goods which are the subject of a rent-to-own transaction in the State.
``SEC. 1005. APPLICATION OF FEDERAL LAWS TO RENT-TO-OWN TRANSACTIONS.
``The following Federal laws apply to a rent-to-own transaction, as
follows:
``(1) Truth in lending act.--The Truth in Lending Act
applies as such Act applies to a consumer credit transaction
that is a credit sale (as that term is defined in that Act).
``(2) Equal credit opportunity act.--The Equal Credit
Opportunity Act applies as such Act applies to credit
transactions. For purposes of that application--
``(A) a consumer shall be treated as an applicant;
and
``(B) a seller shall be treated as a creditor.
``(3) Fair debt collection practices act.--The Fair Debt
Collection Practices Act applies to the collection of payments
owed that arise from a rent-to-own transaction, unless those
payments are collected by any person specified in subparagraphs
(A) through (F) of section 803(6) of such Act. For purposes of
that application, payments owed shall be treated as debt.
``(4) Fair credit reporting act.--The Fair Credit Reporting
Act applies as such Act applies to a credit transaction and to
any extension or denial of credit.
``SEC. 1006. DISCLOSURES.
``(a) Disclosures on Goods.--A seller shall include on each item in
the place of business of the seller that is available for purchase
pursuant to a rent-to-own transaction the following information:
``(1) The cash price of the item.
``(2) An itemization of services offered under a rent-to-
own contract for the item, and the cash price of each service.
``(3) The annual percentage rate of the item under a rent-
to-own contract, determined under section 107 of the Truth in
Lending Act.
``(4) The weekly, biweekly, monthly, or other incremental
payment applicable under the rent-to-own contract for the
transaction and the number of payments.
``(5) The total of payments required to be paid to acquire
ownership of the item under a rent-to-own contract for the
transaction, determined under regulations under the Truth in
Lending Act.
``(6) Specification of whether the item is new or used.
``(b) Disclosures Upon Contracting.--A seller shall provide to a
consumer in writing, at the time the seller and consumer enter into a
rent-to-own contract for an item, the information referred to in
subsection (a) for the item and the contract.
``SEC. 1007. PROHIBITIONS AND ENFORCEMENT.
``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
``(1) threaten or invoke criminal prosecution of a consumer
for any matter related to the contract, unless there is clear
and convincing evidence that the goods that are the subject of
the contract are being held by the consumer with an intent to
defraud the seller;
``(2) use threats or coercion to collect or attempt to
collect any amounts alleged to be due from the consumer;
``(3) engage in any conduct, the natural consequence of
which is to oppress, harass, or abuse any person in connection
with an attempt to collect amounts owed by the consumer under
the contract;
``(4) unreasonably disclose information to third parties
regarding amounts owed by the consumer;
``(5) make any fraudulent, deceptive, or misleading
representation to obtain information about the consumer or to
collect amounts owed by the consumer;
``(6) use any unconscionable means to collect or attempt to
collect a debt owed to the seller;
``(7) advertise, announce, solicit, or otherwise represent
as free or available without charge (including by use of other
words of similar meaning) any service under the contract for
which the seller charges the consumer, including any service
for which a charge is collected by inclusion in the amount
required to be paid under the contract;
``(8) use, for purposes of complying with any State or
Federal law governing rent-to-own transactions (other than a
State or Federal tax law) any definition of the term `cash
price' other than the definition under section 1003(2);
``(9) engage in any act or practice which is unfair or
deceptive in connection with a rent-to-own transaction; or
``(10) violate any regulation issued by the Board under
subsection (c)(1).
``(b) Enforcement.--
``(1) Enforcement.--Compliance with the requirements under
this title shall be enforced by the Federal Trade Commission.
All functions and powers of the Federal Trade Commission under
the Federal Trade Commission Act shall be available to the
Commission to enforce compliance with this title by any person,
irrespective of whether the 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 this title in the same manner as if the violation had been a
violation of a Federal Trade Commission trade regulation rule.
``(2) Treatment of violations.--For the purpose of the
exercise by the Federal Trade Commission of the functions and
powers of such Commission under the Federal Trade Commission
Act, a violation of any requirement or prohibition under this
title is deemed to be an unfair or deceptive act or practice in
commerce in violation of that Act.
``(c) Regulations.--
``(1) Board.--The Board shall issue such regulations as are
necessary or appropriate for implementing subsection (a),
including regulations describing specific practices by a seller
that are prohibited by paragraphs (1) through (9) of that
subsection.
``(2) Federal trade commission.--The Federal Trade
Commission shall issue regulations implementing subsection (b).
``SEC. 1008. CIVIL LIABILITY.
``(a) Liability for Failure To Properly Disclose Terms.--Any seller
who fails to comply with a requirement under section 1006 is liable to
the consumer in an amount equal to the sum of--
``(1) actual damages sustained by the consumer as a result
of the failure;
``(2) $250 for each failure; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(b) Other Liability.--A seller that violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1006, shall be liable to the consumer in an amount equal
to the sum of--
``(1) actual damages sustained by the consumer as a result
of the violation;
``(2) $2,500 for each violation; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(c) Jurisdiction and Limitation.--An action under this title may
be brought in any United States district court or in any other court of
competent jurisdiction, within 24 months after the date of the
violation or failure that is the subject of the action. This subsection
does not bar a person from asserting a violation of this title in an
action to collect amounts alleged to be due from the person which is
brought more than 2 years after the date of the occurrence of the
violation as a matter of defense by recoupment or set-off in such
action.
``SEC. 1009. APPLICATION OF THIS TITLE.
``(a) In General.--This title shall apply to rent-to-own contracts
entered into after the date of the issuance of regulations by the Board
under section 1010.
``(b) Motor Vehicles.--This title shall not apply to any lease or
sale of a motor vehicle entered into after the date of enactment of the
Rent-To-Own Reform Act of 2006 that, if entered into on the day before
that date of enactment, would have been subject to chapter 5 of the
Truth in Lending Act.
``SEC. 1010. REGULATIONS.
``The Board shall issue such regulations as may be necessary to
implement this title (including regulations under section 1007(c)(1)),
not later than 12 months after the date of enactment of the Rent-To-Own
Reform Act of 2006.
``SEC. 1011. RELATIONSHIP TO OTHER LAWS.
``(a) State Law.--This title does not annul, alter, or affect, or
exempt any person subject to the provisions of this title from
complying with, the laws of any State with respect to rent-to-own
transactions, except to the extent that those laws are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. A State law is not inconsistent with this title solely
because the protection afforded by such provision of law to any
consumer is greater than the protection afforded by this title.
``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction except the lease or sale of a motor
vehicle that, if entered into on the day before the date of enactment
of the Rent-To-Own Reform Act of 2006, would have been subject to that
chapter.''. | Rent-To-Own Reform Act of 2006 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from receiving or assessing any interest, finance charge, or other fee for the transaction that exceeds the interest, fees, or finance charges permissible under the laws of the state in which the seller is located which establish: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale for the same or a similar item; (2) the types of fees and the maximum amount of fees that a seller may so charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance in such a connection.
Permits certain additional termination charges and fees.
Cites federal laws which are applicable to a rent-to-own transaction.
Sets forth required disclosures, prohibitions, and enforcement, as well as civil liability for failure to properly disclose the terms of a rent-to-own transaction.
Declares this Act inapplicable to certain motor vehicles sales and leases otherwise subject to the Truth in Lending Act. | A bill to amend the Consumer Credit Protection Act to protect consumers from inadequate disclosures and certain abusive practices in rent-to-own transactions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumers from
Unreasonable Rates Act''.
SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR
UNFAIRLY DISCRIMINATORY RATES.
(a) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--The first section 2794 of the Public Health
Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new subsection:
``(e) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--
``(1) Authority of states.--Nothing in this section shall
be construed to prohibit a State from imposing requirements
(including requirements relating to rate review standards and
procedures and information reporting) on health insurance
issuers with respect to rates that are in addition to the
requirements of this section and are more protective of
consumers than such requirements.
``(2) Consultation in rate review process.--In carrying out
this section, the Secretary shall consult with the National
Association of Insurance Commissioners and consumer groups.
``(3) Determination of who conducts reviews for each
state.--The Secretary shall determine, after the date of
enactment of this section and periodically thereafter, the
following:
``(A) In which markets in each State the State
insurance commissioner or relevant State regulator
shall undertake the corrective actions under paragraph
(4), based on the Secretary's determination that the
State regulator is adequately undertaking and utilizing
such actions in that market.
``(B) In which markets in each State the Secretary
shall undertake the corrective actions under paragraph
(4), in cooperation with the relevant State insurance
commissioner or State regulator, based on the
Secretary's determination that the State is not
adequately undertaking and utilizing such actions in
that market.
``(4) Corrective action for excessive, unjustified, or
unfairly discriminatory rates.--In accordance with the process
established under this section, the Secretary or the relevant
State insurance commissioner or State regulator shall take
corrective actions to ensure that any excessive, unjustified,
or unfairly discriminatory rates are corrected prior to
implementation, or as soon as possible thereafter, through
mechanisms such as--
``(A) denying rates;
``(B) modifying rates; or
``(C) requiring rebates to consumers.
``(5) Noncompliance.--Failure to comply with any corrective
action taken by the Secretary under this subsection may result
in the application of civil monetary penalties under section
2723 and, if the Secretary determines appropriate, make the
plan involved ineligible for classification as a qualified
health plan.''.
(b) Clarification of Regulatory Authority.--Such section is further
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Premium'' and
inserting ``Rate'';
(B) in paragraph (1), by striking ``unreasonable
increases in premiums'' and inserting ``potentially
excessive, unjustified, or unfairly discriminatory
rates, including premiums,''; and
(C) in paragraph (2)--
(i) by striking ``an unreasonable premium
increase'' and inserting ``a potentially
excessive, unjustified, or unfairly
discriminatory rate'';
(ii) by striking ``the increase'' and
inserting ``the rate''; and
(iii) by striking ``such increases'' and
inserting ``such rates''; and
(2) in subsection (b)--
(A) by striking ``premium increases'' each place it
appears and inserting ``rates''; and
(B) in paragraph (2)(B), by striking ``premium''
and inserting ``rate''.
(c) Conforming Amendments.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in section 2723 (42 U.S.C. 300gg-22), as redesignated
by the Patient Protection and Affordable Care Act--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2794'' after ``this part''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``or section 2794 that is''
after ``this part''; and
(II) in subparagraph (C)(ii), by
inserting ``or section 2794'' after
``this part''; and
(2) in section 2761 (42 U.S.C. 300gg-61)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) by inserting ``or section
2794'' after ``set forth in this
part''; and
(II) by inserting ``and section
2794'' after ``the requirements of this
part''; and
(B) in subsection (b)--
(i) by inserting ``and section 2794'' after
``this part''; and
(ii) by inserting ``and section 2794''
after ``part A''.
(d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of
the Patient Protection and Affordable Care Act (Public Law 111-148), as
added by section 2301 of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), is amended by adding at the end the
following:
``(v) Section 2794 (relating to
reasonableness of rates with respect to health
insurance coverage).''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, such sums as may be necessary.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall be implemented
with respect to health plans beginning not later than January 1, 2018. | Protecting Consumers from Unreasonable Rates Act This bill amends the Public Health Service Act to declare that the review by the Department of Health and Human Services (HHS) of unreasonable increases in health care coverage premiums does not prohibit a state from imposing on health insurers additional rate requirements that are more protective of consumers. The HHS review, which currently covers only premium increases, is expanded to include all rate increases. HHS or the relevant state agency must ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. HHS may apply civil monetary penalties to health insurers that fail to comply with a corrective action taken by HHS and may make the plan involved ineligible for classification as a qualified health plan. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must determine whether HHS or the state will undertake the corrective actions based on whether the state can adequately undertake the actions. This bill applies to health plans grandfathered under the Patient Protection and Affordable Care Act. | Protecting Consumers from Unreasonable Rates Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Advisory Committee Act
Amendments of 1997''.
SEC. 2. AMENDMENTS TO THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Exclusions From Definition.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C), by striking ``such term excludes'' and all
that follows through the period and inserting the following: ``such
term excludes (i) any committee that is composed wholly of full-time,
or permanent part-time, officers or employees of the Federal
Government, and (ii) any committee that is created by the National
Academy of Sciences or the National Academy of Public
Administration.''.
(b) Requirements Relating to the National Academy of Sciences and
the National Academy of Public Administration.--Such Act is further
amended by redesignating section 15 as section 16 and inserting after
section 14 the following new section:
``requirements relating to the national academy of sciences and the
national academy of public administration
``Sec. 15. (a) In General.--An agency may not use any advice or
recommendation provided by the National Academy of Sciences or National
Academy of Public Administration that was developed by use of a
committee created by that academy under an agreement with an agency,
unless--
``(1) the committee was not subject to any actual management or
control by an agency or an officer of the Federal Government;
``(2) in the case of a committee created after the date of the
enactment of the Federal Advisory Committee Act Amendments of 1997,
the membership of the committee was appointed in accordance with
the requirements described in subsection (b)(1); and
``(3) in developing the advice or recommendation, the academy
complied with--
``(A) subsection (b)(2) through (6), in the case of any
advice or recommendation provided by the National Academy of
Sciences; or
``(B) subsection (b)(2) and (5), in the case of any advice
or recommendation provided by the National Academy of Public
Administration.
``(b) Requirements.--The requirements referred to in subsection (a)
are as follows:
``(1) The Academy shall determine and provide public notice of
the names and brief biographies of individuals that the Academy
appoints or intends to appoint to serve on the committee. The
Academy shall determine and provide a reasonable opportunity for
the public to comment on such appointments before they are made or,
if the Academy determines such prior comment is not practicable, in
the period immediately following the appointments. The Academy
shall make its best efforts to ensure that (A) no individual
appointed to serve on the committee has a conflict of interest that
is relevant to the functions to be performed, unless such conflict
is promptly and publicly disclosed and the Academy determines that
the conflict is unavoidable, (B) the committee membership is fairly
balanced as determined by the Academy to be appropriate for the
functions to be performed, and (C) the final report of the Academy
will be the result of the Academy's independent judgment. The
Academy shall require that individuals that the Academy appoints or
intends to appoint to serve on the committee inform the Academy of
the individual's conflicts of interest that are relevant to the
functions to be performed.
``(2) The Academy shall determine and provide public notice of
committee meetings that will be open to the public.
``(3) The Academy shall ensure that meetings of the committee
to gather data from individuals who are not officials, agents, or
employees of the Academy are open to the public, unless the Academy
determines that a meeting would disclose matters described in
section 552(b) of title 5, United States Code. The Academy shall
make available to the public, at reasonable charge if appropriate,
written materials presented to the committee by individuals who are
not officials, agents, or employees of the Academy, unless the
Academy determines that making material available would disclose
matters described in that section.
``(4) The Academy shall make available to the public as soon as
practicable, at reasonable charge if appropriate, a brief summary
of any committee meeting that is not a data gathering meeting,
unless the Academy determines that the summary would disclose
matters described in section 552(b) of title 5, United States Code.
The summary shall identify the committee members present, the
topics discussed, materials made available to the committee, and
such other matters that the Academy determines should be included.
``(5) The Academy shall make available to the public its final
report, at reasonable charge if appropriate, unless the Academy
determines that the report would disclose matters described in
section 552(b) of title 5, United States Code. If the Academy
determines that the report would disclose matters described in that
section, the Academy shall make public an abbreviated version of
the report that does not disclose those matters.
``(6) After publication of the final report, the Academy shall
make publicly available the names of the principal reviewers who
reviewed the report in draft form and who are not officials,
agents, or employees of the Academy.
``(c) Regulations.--The Administrator of General Services may issue
regulations implementing this section.''.
(c) Effective Date and Application.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on the date of the enactment of this Act.
(2) Retroactive effect.--Subsection (a) and the amendments made
by subsection (a) shall be effective as of October 6, 1972, except
that they shall not apply with respect to or otherwise affect any
particular advice or recommendations that are subject to any
judicial action filed before the date of the enactment of this Act.
SEC. 3. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of General Services shall submit a report to the
Congress on the implementation of and compliance with the amendments
made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Advisory Committee Act Amendments of 1997 - Amends the Federal Advisory Committee Act to redefine the term "advisory committee" to exclude any committee that is created by the National Academy of Sciences and the National Academy of Public Administration. Makes such amendment retroactive to October 6, 1972.
Prohibits Federal agency use of any advice or recommendation provided by the National Academy of Sciences or the National Academy of Public Administration that was developed by use of a committee created by that academy under an agreement with an agency except under specified conditions. Sets forth public disclosure requirements for such academies.
Requires the Administrator of General Services to report to the Congress on the implementation of and compliance with the amendments made by this Act. | Federal Advisory Committee Act Amendments of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Social Security Act of 2017''.
SEC. 2. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2017.
(a) Determination of Wages Above Contribution and Benefit Base
After 2017.--
(1) Amendments to the internal revenue code.--
(A) In general.--Paragraph (1) of section 3121(a)
of the Internal Revenue Code of 1986 is amended by
inserting after ``such calendar year.'' the following:
``The preceding sentence shall apply only to calendar
years for which the contribution and benefit base (as
so determined) is less than $300,000, and, for such
calendar years, only to so much of the remuneration
paid to such employee by such employer with respect to
employment as does not exceed $300,000.''.
(B) Conforming amendment.--Paragraph (1) of section
3121(a) of such Code is amended by striking ``Act) to''
and inserting ``Act), or in excess of $300,000, to''.
(2) Amendment to the social security act.--Section
209(a)(1)(I) of the Social Security Act (42 U.S.C.
409(a)(1)(I)) is amended by inserting before the semicolon at
the end the following: ``except that this subparagraph shall
apply only to calendar years for which the contribution and
benefit base (as so determined) is less than $300,000, and, for
such calendar years, only to the extent remuneration paid to
such employee by such employer with respect to employment does
not exceed $300,000''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2017.
(b) Determination of Self-Employment Income Above Contribution and
Benefit Base After 2017.--
(1) Amendments to the internal revenue code.--
(A) In general.--Paragraph (1) of section 1402(b)
of the Internal Revenue Code of 1986 is amended to read
as follows:
``(1) in the case of the tax imposed by section 1401(a)--
``(A) in the case of a taxpayer with wages (as
determined under section 3121(a) without regard to
paragraph (1) of such section) less than $300,000 and
more than the contribution and benefit base (as
determined under section 230 of the Social Security
Act) which is effective for the calendar year in which
such taxable year begins, the lesser of--
``(i) the excess of $300,000 over the wages
(as so determined) paid to such individual
during such taxable year, or
``(ii) the net earnings from self-
employment for the taxable year, and
``(B) in the case of a taxpayer with wages (as so
determined) less than or equal to such contribution and
benefit base and for whom the sum, for the taxable
year, of net earnings from self-employment and wages
(as so determined) paid to such individual is greater
than such contribution and benefit base, the lesser
of--
``(i) the excess of such sum over such
contribution and benefit base, or
``(ii) the excess of $300,000 over such
contribution and benefit base.''.
(B) Phaseout.--Subsection (b) of section 1402 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following: ``Paragraph (1) shall apply
only to taxable years beginning in calendar years for
which the contribution and benefit base (as determined
under section 230 of the Social Security Act) is less
than $300,000.''.
(2) Amendments to the social security act.--
(A) In general.--Section 211(b)(1) of the Social
Security Act (42 U.S.C. 411(b)) is amended--
(i) in subparagraph (I)--
(I) by inserting ``and before
2018'' after ``1974''; and
(II) by striking ``or'' at the end;
and
(ii) by adding at the end the following:
``(J) For any taxable year beginning in any
calendar year after 2017, an amount equal to--
``(i) in the case of an individual with
wages (as determined under section 209(a)
without regard to paragraph (1) of such
section) less than $300,000 and more than the
contribution and benefit base (as determined
under section 230 of the Social Security Act)
which is effective for the calendar year in
which such taxable year begins, the lesser of--
``(I) the excess of $300,000 over
the wages (as so determined) paid to
such individual during such taxable
year, or
``(II) the net earnings from self-
employment for the taxable year, and
``(ii) in the case of a taxpayer with wages
(as so determined) less than or equal to such
contribution and benefit base and for whom the
sum, for the taxable year, of net earnings from
self-employment and wages (as so determined)
paid to such individual is greater than such
contribution and benefit base, the lesser of--
``(I) the excess of such sum over
such contribution and benefit base, or
``(II) the excess of $300,000 over
such contribution and benefit base.''.
(B) Phaseout.--Section 211(b) of the Social
Security Act (42 U.S.C. 411(b)) is amended by adding at
the end the following: ``Paragraph (1) shall apply only
to taxable years beginning in calendar years for which
the contribution and benefit base (as determined under
section 230) is less than $300,000.''.
(3) Effective date.--The amendments made by this subsection
shall apply to net earnings from self-employment derived, and
remuneration paid, in calendar years after 2017.
SEC. 3. INCLUSION OF EARNINGS OVER $300,000 IN SOCIAL SECURITY BENEFIT
FORMULA.
(a) Inclusion of Earnings Over $300,000 in Determination of Primary
Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42
U.S.C. 415(a)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by inserting ``and'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) 3 percent of the individual's excess average indexed
monthly earnings (as defined in subsection (b)(5)(A)).''.
(b) Definition of Excess Average Indexed Monthly Earnings.--Section
215(b) of the Social Security Act (42 U.S.C. 415(b)) is amended--
(1) by striking ``wages'' and ``self-employment income''
each place such terms appear and inserting ``basic wages'' and
``basic self-employment income'', respectively; and
(2) by adding at the end the following:
``(5)(A) An individual's excess average indexed monthly earnings
shall be equal to the amount of the individual's average indexed
monthly earnings that would be determined under this subsection by
substituting `excess wages' for `basic wages' and `excess self-
employment income' for `basic self-employment income' each place such
terms appear in this subsection (except in this paragraph).
``(B) For purposes of this subsection--
``(i) the term `basic wages' means that portion of the
wages of an individual paid in a year that does not exceed the
contribution and benefit base for the year;
``(ii) the term `basic self-employment income' means that
portion of the self-employment income of an individual credited
to a year that does not exceed an amount equal to the
contribution and benefit base for the year minus the amount of
the wages paid to the individual in the year;
``(iii) the term `excess wages' means that portion of the
wages of an individual paid in a year after 2017 in excess of
the higher of $300,000 or the contribution and benefit base for
the year; and
``(iv) the term `excess self-employment income' means that
portion of the self-employment income of an individual credited
to a year after 2017 in excess of the higher of $300,000 or
such contribution and benefit base.''.
(c) Conforming Amendment.--Section 215(e)(1) of the Social Security
Act (42 U.S.C. 415(e)(1)) is amended by inserting ``and before 2018''
after ``1974''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2017.
SEC. 4. MODIFICATION OF AMOUNT OF SOCIAL SECURITY BENEFITS INCLUDED IN
GROSS INCOME.
(a) In General.--Section 86 of the Internal Revenue Code of 1986 is
amended by striking subsections (a), (b), and (c) and inserting the
following:
``(a) In General.--Gross income for the taxable year of any
taxpayer described in subsection (b) (notwithstanding section 207 of
the Social Security Act) includes social security benefits in an amount
equal to the lesser of--
``(1) 85 percent of the social security benefits received
during the taxable year, or
``(2) 85 percent of the excess described in subsection (b).
``(b) Taxpayers to Whom Subsection (a) Applies.--A taxpayer is
described in this subsection if--
``(1) the sum of--
``(A) the modified adjusted gross income of the
taxpayer for the taxable year, plus
``(B) 85 percent of the social security benefits
received during the taxable year, exceeds
``(2) $100,000.
``(c) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income--
``(1) determined without regard to this section and
sections 135, 137, 199, 221, 222, 911, 931, and 933, and
``(2) increased by the amount of interest received or
accrued by the taxpayer during the taxable year which is exempt
from tax.''.
(b) Social Security Trust Funds Held Harmless.--There are hereby
appropriated (out of any money in the Treasury not otherwise
appropriated) for each fiscal year to each fund under the Social
Security Act or the Railroad Retirement Act of 1974 an amount equal to
the reduction in the transfers to such fund for such fiscal year by
reason of the amendments made by subsection (a).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Save Social Security Act of 2017 This bill amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) apply Social Security payroll taxes to annual income above $300,000; (2) include earnings above $300,000 in the benefit formula; and (3) increase to $100,000 the income threshold above which Social Security benefits are included in gross income. (Under current law, Social Security payroll taxes apply to the first $127,200 of income in 2017 and benefits are included in the gross income of individuals with certain income that exceeds thresholds of $0, $25,000, or $32,000, depending on the individual's filing status.) | Save Social Security Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Spending Act of 2004''.
SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
(b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (16) and insert the
following new paragraphs:
``(1) with respect to fiscal year 2005, for the
discretionary category: $816,404,000,000 in total new budget
authority of which not less than $420,676,000,000 shall be for
the defense category and of which not less than $28,144,000,000
shall be for homeland security activities outside of the
defense category and $912,992,000,000 in total outlays of which
not less than $448,197,000,000 shall be for the defense
category and of which not less than $28,738,000,000 in total
outlays shall be for the homeland security category outside of
the defense category;
``(2) with respect to fiscal year 2006, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (1) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2004;
``(3) with respect to fiscal year 2007, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority provided under
paragraph (2) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2005;
``(4) with respect to fiscal year 2008, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (3) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2006; and
``(5) with respect to fiscal year 2009, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (4) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2007;''.
(c) Adjustments to Discretionary Spending Limits.--
(1) Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking
subparagraphs (C) through (H) and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Accrual accounting.--If a bill or joint
resolution is enacted that charges Federal agencies for
the full cost of accrued Federal retirement and health
benefits and a bill or joint resolution making
appropriations is enacted that provides new budget
authority to carry out the legislation charging Federal
agencies for such accrued costs, the adjustment shall
be equal to the reduction in mandatory budget authority
and the outlays flowing therefrom estimated to result
from the legislation charging Federal agencies for such
accrued costs.''.
(2) Section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
the last sentence.
(d) Definition of Consumer Price Index.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
adding at the end the following new paragraph:
``(11) The term `Consumer Price Index' refers to the
Consumer Price Index for All Urban Consumers (all items; United
States city average), published by the Bureau of Labor
Statistics.''.
SEC. 3. EXTENSION OF PAY-AS-YOU-GO.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 252. ENFORCING PAY-AS-YOU-GO.
``(a) Purpose.--The purpose of this section is to assure that any
legislation enacted before October 1, 2009, affecting direct spending
that increases the deficit will trigger an offsetting sequestration.
``(b) Sequestration.--
``(1) Timing.--Not later than 15 calendar days after the
date Congress adjourns to end a session and on the same day as
a sequestration (if any) under section 251, there shall be a
sequestration to offset the amount of any net deficit increase
caused by all direct spending legislation enacted before
October 1, 2009, as calculated under paragraph (2).
``(2) Calculation of deficit increase.--OMB shall calculate
the amount of deficit increase or decrease by adding--
``(A) all OMB estimates for the budget year of
direct spending legislation transmitted under
subsection (d);
``(B) the estimated amount of savings in direct
spending programs applicable to budget year resulting
from the prior year's sequestration under this section
or, if any, as published in OMB's final sequestration
report for that prior year; and
``(C) any net deficit increase or decrease in the
current year resulting from all OMB estimates for the
current year of direct spending legislation transmitted
under subsection (d) of this section that were not
reflected in the final OMB sequestration report for the
current year; and
``(D) for fiscal year 2005, before making the
calculations required in subparagraphs (A) through (C),
OMB shall assume an automatic deficit increase of
$7,400,000,000.
``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from actions taken in the
following order:
``(A) First.--All reductions in automatic spending
increases specified in section 256(a) shall be made.
``(B) Second.--If additional reductions in direct spending
accounts are required to be made, the maximum reductions
permissible under sections 256(b) (guaranteed and direct
student loans) and 256(c) (foster care and adoption assistance)
shall be made.
``(C) Third.--(i) If additional reductions in direct
spending accounts are required to be made, each remaining non-
exempt direct spending account shall be reduced by the uniform
percentage necessary to make the reductions in direct spending
required by paragraph (1); except that the medicare programs
specified in section 256(d) shall not be reduced by more than 4
percent and the uniform percentage applicable to all other
direct spending programs under this paragraph shall be
increased (if necessary) to a level sufficient to achieve the
required reduction in direct spending.
``(ii) For purposes of determining reductions under clause
(i), outlay reductions (as a result of sequestration of
Commodity Credit Corporation commodity price support contracts
in the fiscal year of a sequestration) that would occur in the
following fiscal year shall be credited as outlay reductions in
the fiscal year of the sequestration.
``(2) For purposes of this subsection, accounts shall be assumed to
be at the level in the baseline for fiscal year 2005 and for fiscal
years 2006 through 2009 at the baseline after adjusting for any
sequester in fiscal year 2005.
``(d) Estimates.--
``(1) CBO estimates.--As soon as practicable after Congress
completes action on any direct spending, CBO shall provide an
estimate to OMB of that legislation.
``(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any direct spending, OMB shall transmit a
report to the House of Representatives and to the Senate
containing--
``(A) the CBO estimate of that legislation;
``(B) an OMB estimate of that legislation using
current economic and technical assumptions; and
``(C) an explanation of any difference between the
2 estimates.
``(3) Significant differences.--If during the preparation
of the report under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO estimates, OMB
shall consult with the Committees on the Budget of the House of
Representatives and the Senate regarding that difference and
that consultation, to the extent practicable, shall include
written communication to such committees that affords such
committees the opportunity to comment before the issuance of
that report.
``(4) Scope of estimates.--The estimates under this section
shall include the amount of change in outlays for the current
year (if applicable), the budget year, and each outyear
excluding any amounts resulting from--
``(A) full funding of, and continuation of, the
deposit insurance guarantee commitment in effect under
current estimates; and
``(B) emergency provisions as designated under
subsection (e).
``(5) Scorekeeping guidelines.--OMB and CBO, after
consultation with each other and the Committees on the Budget
of the House of Representatives and the Senate, shall--
``(A) determine common scorekeeping guidelines; and
``(B) in conformance with such guidelines, prepare
estimates under this section.
``(e) Emergency Legislation.--If a provision of direct spending
legislation is enacted that the President designates as an emergency
requirement and that the Congress so designates in statute, the amounts
of new budget authority, outlays, and receipts in all fiscal years
resulting from that provision shall be designated as an emergency
requirement in the reports required under subsection (d) of this
section.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2009''.
(2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2009''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2009''.
SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.
(a) In General.--Section 257(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting ``,
except for emergency appropriations covered by section 251(b)(2)(A) and
emergency legislation covered by section 252(e)'' before the period.
(b) Direct Spending and Receipts.--Section 257(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new subparagraph:
``(E) Emergency legislation covered by section
252(e) shall not be extended in the baseline.''.
(c) Discretionary Appropriations.--Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following new paragraph:
``(7) Emergency appropriations covered by section
251(b)(2)(A) shall not be extended in the baseline.''.
SEC. 6. OMB EMERGENCY CRITERIA.
(a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (as amended by section 2(d) is
further amended by adding at the end the following new paragraph:
``(12)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the prevention
or mitigation of, or response to, loss of life
or property, or a threat to national security;
and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term
`unanticipated' means that the underlying situation
is--
``(i) sudden, which means quickly coming
into being or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not
predicted or anticipated as an emerging need;
and
``(iv) temporary, which means not of a
permanent duration.''.
(b) Conforming Amendment.--Section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new paragraph:
``(20) The term `emergency' has the meaning given to such
term in section 3 of the Congressional Budget and Impoundment
Control Act of 1974.''.
SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN
EMERGENCY.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``rule respecting designation of legislative provision as an emergency
``Sec. 316. (a) Guidance.--In making a designation of a provision
of legislation as an emergency requirement under section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of
1985, the committee report and any statement of managers accompanying
that legislation shall analyze whether a proposed emergency requirement
meets the definition of an `emergency' set out in section 3 of the
Congressional Budget and Impoundment Control Act of 1974.
``(b) In General.--It shall not be in order in the Senate or the
House of Representatives to consider any bill, joint resolution, or
conference report that contains an emergency designation under section
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 unless the proposed emergency requirement meets the
definition of an `emergency' set out in section 3 of the Congressional
Budget and Impoundment Control Act of 1974.
``(c) Waiver and Appeal in the Senate.--This section may be waived
or suspended in the Senate only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
``(d) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of subsection (b).
``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d), the Chair
shall put the question of consideration with respect to the proposition
that is the subject of the point of order. A question of consideration
under this section shall be debatable for 10 minutes by the Member
initiating the point of order and for 10 minutes by an opponent of the
point of order, but shall otherwise be decided without intervening
motion except one that the House adjourn or that the Committee of the
Whole rise, as the case may be.
``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section
with respect to a bill or joint resolution shall be considered also to
determine the question of consideration under this subsection with
respect to an amendment made in order as original text.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Rule respecting designation of legislative provision as an
emergency.''. | Common Sense Spending Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend the discretionary spending limits through FY 2009, with adjustments for inflation each year starting FY 2006.
Provides that if a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation.
Repeals the exemption of appropriations to cover agricultural crop disaster assistance from the application of mandatory adjustments in discretionary spending limits in a sequestration report and subsequent budgets for emergency appropriations for discretionary accounts. (Thus applies such mandatory adjustments in the total amount of emergency appropriations to appropriations covering agricultural crop disaster assistance.)
Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2009 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB) to require OMB, before making such calculations for FY 2005, to assume an automatic deficit increase of $7.4 billion.
States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2005 and for FY 2006 through 2009 at the baseline after adjusting for any sequester in FY 2005.
Revises the definition of baseline to exclude emergency appropriations and legislation.
Prohibits such emergency appropriations from being extended in the baseline.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define: (1) "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and (2) "unanticipated" as an underlying situation that is sudden, which means quickly coming into being or not building up over time, urgent, which means a pressing and compelling need requiring immediate action, unforeseen, which means not predicted or anticipated as an emerging need, and temporary, which means not of a permanent duration.
Outlines the rule for designation of a legislative provision as an emergency. | To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2009, to extend paygo for direct spending, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detainee Interrogation Recording Act
of 2007''.
SEC. 2. REQUIREMENT FOR VIDEOTAPING RECORDINGS OF STRATEGIC
INTERROGATIONS AND OTHER PERTINENT INTERACTIONS AMONG
DETAINEES OR PRISONERS IN THE CUSTODY OF OR UNDER THE
EFFECTIVE CONTROL OF THE UNITED STATES AND MEMBERS OF THE
ARMED FORCES, INTELLIGENCE OPERATIVES OF THE UNITED
STATES, AND CONTRACTORS OF THE UNITED STATES.
(a) In General.--In accordance with the Geneva Conventions of 1949,
the International Covenant on Civil and Political Rights, the
Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, and prohibitions against any cruel, unusual,
and inhuman treatment or punishment under the Fifth, Eighth, and
Fourteenth Amendments to the Constitution of the United States, the
President shall take such actions as are necessary to ensure the
videotaping of each strategic interrogation or other pertinent
interaction between--
(1) an individual who is a detainee or prisoner in the
custody or under the effective control of the United States
pursuant to a strategic interrogation, or other pertinent
interaction, for the purpose of gathering intelligence; and
(2) any member of the Armed Forces, intelligence operative
of the United States, or contractor of the United States.
(b) Applicability.--The requirement under subsection (a) shall
apply with respect to any strategic interrogation of an individual
referred to in subsection (a)(1) that takes place on or after the
earlier of--
(1) the day on which the individual is confined in a
facility owned, operated, or controlled, in whole or in part,
by the United States, or any of its representatives, agencies,
or agents; or
(2) 7 days after the day on which the individual is taken
into custody by the United States or any of its
representatives, agencies, or agents.
(c) Classification of Information.--To protect United States
national security and the privacy of detainees or prisoners held by the
United States, the President shall provide for the appropriate
classification of video tapes or recordings made pursuant to subsection
(a). Such videotapes or recordings shall be made available, under seal
if appropriate, to both prosecution and defense attorneys to the extent
they are material to any military or civilian criminal proceeding.
(d) Strategic Interrogation Defined.--For purposes of this section,
the term ``strategic interrogation'' means an interrogation of a
detainee or prisoner at--
(1) a corps or theater-level detention facility, as defined
in the Army Field Manual on Human Intelligence Collector
Operations (FM 2-22.3, September 2006); or
(2) a detention facility outside of the area of operations
where the detainee or prisoner was initially captured,
including--
(A) a detention facility owned, operated, borrowed,
or leased by the United States Government; and
(B) a detention facility of a foreign government at
which United States Government personnel, including
contractors, are permitted to conduct interrogations by
the foreign government in question.
(e) Exclusion.--Nothing in this Act shall be construed as requiring
members of the Armed Forces engaged in direct tactical combat
operations to videotape prisoners or detainees in their custody during
such combat operations.
(f) Access to Prisoners and Detainees of the United States To
Ensure Independent Monitoring and Transparent Investigations.--
Consistent with the obligations of the United States under
international law, including treaties and related protocols to which
the United States is a party, the President shall take such actions as
are necessary to ensure that representatives of the International
Federation of the International Committee of the Red Cross and the Red
Crescent are granted access to detainees or prisoners in the custody or
under the effective control of the Armed Forces.
(g) Guidelines for Videotape Recordings.--
(1) Development of guidelines.--The Judge Advocates General
(as defined in section 801(1) of title 10, United States Code,
(Article 1 of the Uniform Code of Military Justice)) shall
jointly develop uniform guidelines designed to ensure that the
videotaping required under subsection (a) is sufficiently
expansive to prevent any abuse of detainees and prisoners
referred to in subsection (a)(1) and any violation of law
binding on the United States, including the treaties referred
to in subsection (a). For purposes of this Act, the Army Judge
Advocate General shall serve as the executive agent and
coordinating authority for the development of the
aforementioned guidelines.
(2) Submittal to congress.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing the guidelines
developed under paragraph (1). | Detainee Interrogation Recording Act of 2007 - Requires the President to take such actions as are necessary, in accordance with specified laws and treaties, to ensure the videotaping of each strategic interrogation and other pertinent interaction between detainees or prisoners under the effective control of the U.S. and members of the Armed Forces, U.S. intelligence operatives, or U.S. contractors. Directs the President to provide for the appropriate classification of videotapes or recordings made under that requirement. Requires such videotapes to be made available, under seal if appropriate, to both prosecution and defense attorneys to the extent that they are material to any military or civilian criminal proceeding.
Defines strategic interrogation as an interrogation at: (1) a corps or theater-level detention facility; or (2) a detention facility outside of the area where the detainee or prisoner was initially captured, including one owned, operated, borrowed, or leased by the U.S. government and a detention facility of a foreign government.
Prohibits construing this Act to require videotaping during direct tactical combat operations.
Requires the President to ensure that representatives of the Red Cross and the Red Crescent are granted access to detainees or prisoners in the custody or effective control of the Armed Forces.
Directs the Judge Advocates General to jointly develop guidelines to ensure that the videotaping required by this Act is sufficiently expansive to prevent any abuse of detainees and prisoners and violations of specified laws and treaties. | To require the videotaping of strategic interrogations and certain other interactions between detainees and members of the Armed Forces, intelligence operatives, and contractors, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Tolerance for Terror Act''.
SEC. 2. STATEMENT OF POLICY AND SENSE OF CONGRESS WITH RESPECT TO
IRANIAN ENTITIES AND INDIVIDUALS ENGAGED IN BALLISTIC
MISSILE PROLIFERATION OR TERRORISM.
(a) Statement of Policy.--It shall be the policy of the United
States, in interpreting the Joint Comprehensive Plan of Action (JCPOA),
and any other related agreement, that--
(1) any action by the Government of Iran to treat the
legitimate imposition of sanctions by the United States or its
international partners based on support for terrorism, abuses
of human rights, or Iran's ballistic missile activities as
grounds to cease performing on its commitments under the JCPOA
in whole or in part would not be valid and would be
inconsistent with the terms of the JCPOA; and
(2) nothing in the JCPOA limits or curtails the ability of
Congress to pass additional sanctions legislation to address
Iranian terrorism activities, human rights violations, and
ballistic missile activities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of the Treasury's Office of Foreign
Assets Control should be fully funded to ensure strict
enforcement of sanctions against Iranian actors in the areas of
ballistic missile proliferation and terrorism, and to ensure
effective re-imposition of sanctions in the event of violation
or breach by Iran of the JCPOA; and
(2) Iran should continue to be prohibited from undertaking
any activity related to ballistic missiles capable of
delivering nuclear weapons, including launches using ballistic
missile technology, and United Nations member states should
take all necessary measures to prevent the transfer of
technology or technical assistance to Iran related to such
activities.
SEC. 3. EXPEDITED CONSIDERATION OF NEW TERRORISM AND MISSILE-RELATED
SANCTIONS AGAINST IRAN.
(a) Determination.--If the President determines that a person or
entity--
(1) commits an act of international terrorism, at the
direction of an official of the Government of Iran, that
threatens the security of nationals of the United States or the
national security, foreign policy, or economy of the United
States,
(2) knowingly assists in, sponsors, or provides financial,
material, or technological support for, or financial or other
services to or in support of--
(A) an act described in paragraph (1),
(B) a foreign terrorist organization that receives
financial support from the Government of Iran, or
(3) commits an act in violation of United Nations Security
Council Resolution 1929 before Implementation Day, or an act in
violation of United Nations Security Council Resolution 2231
after Implementation Day, to undertake any activity related to
ballistic missiles capable of delivering nuclear weapons,
including launches using such ballistic missile technology,
the President shall immediately notify Congress.
(b) Qualifying Legislation Defined.--For purposes of this section,
the term ``qualifying legislation'' means only a bill of either House
of Congress that authorizes or requires the President to impose
sanctions on a person or entity with respect to which the President
notifies Congress of a determination under subsection (a).
(c) Introduction.--During the 60-calendar day period after the
President notifies Congress of a determination under subsection (a),
qualifying legislation may be introduced--
(1) in the House of Representatives, by the Majority Leader
or the Minority Leader; and
(2) in the Senate, by the Majority Leader (or the Majority
leader's designee) or the Minority Leader (or the Minority
Leader's designee).
(d) Floor Consideration in House of Representatives.--
(1) Reporting and discharge.--If a committee of the House
to which qualifying legislation has been referred has not
reported such qualifying legislation within 10 legislative days
after the date of referral, that committee shall be discharged
from further consideration thereof.
(2) Proceeding to consideration.--Beginning on the third
legislative day after each committee to which qualifying
legislation has been referred reports it to the House or has
been discharged from further consideration thereof, it shall be
in order to move to proceed to consider the qualifying
legislation 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 qualifying
legislation with regard to the same agreement. 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.
(3) Consideration.--The qualifying legislation shall be
considered as read. All points of order against the qualifying
legislation and against its consideration are waived. The
previous question shall be considered as ordered on the
qualifying legislation to final passage without intervening
motion except two hours of debate equally divided and
controlled by the sponsor of the qualifying legislation (or a
designee) and an opponent. A motion to reconsider the vote on
passage of the qualifying legislation shall not be in order.
(e) Consideration in the Senate.--
(1) Committee referral.--Qualifying legislation introduced
in the Senate shall be referred to the Committee on Foreign
Relations.
(2) Reporting and discharge.--If the Committee on Foreign
Relations has not reported such qualifying legislation within
10 session days after the date of referral of such legislation,
that committee shall be discharged from further consideration
of such legislation and the qualifying legislation shall be
placed on the appropriate calendar.
(3) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any time
after the committee authorized to consider qualifying
legislation reports it to the Senate or has been discharged
from its consideration (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of qualifying legislation, and all points of
order against qualifying legislation (and against consideration
of the qualifying legislation) are waived. The motion to
proceed is not debatable and shall be subject to a 60-vote
affirmative threshold for adoption. 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
qualifying legislation is agreed to, the qualifying legislation
shall remain the unfinished business until disposed of.
(4) Debate.--Debate on qualifying legislation, 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 to further 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 qualifying legislation is not in order.
(5) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate.
(6) Rulings of the chair on procedure.--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
qualifying legislation shall be decided without debate.
(7) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to qualifying legislation,
including all debatable motions and appeals in connection with
such qualifying legislation, shall be limited to 10 hours, to
be equally divided between, and controlled by, the majority
leader and the Minority Leader or their designees.
(f) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of qualifying legislation of that
House, that House receives qualifying legislation from the
other House, then the following procedures shall apply:
(A) The qualifying legislation of the other House
shall not be referred to a committee.
(B) With respect to qualifying legislation of the
House receiving the legislation--
(i) the procedure in that House shall be
the same as if no qualifying legislation had
been received from the other House; but
(ii) the vote on passage shall be on the
qualifying legislation of the other House.
(2) Treatment of a bill of other house.--If one House fails
to introduce qualifying legislation under this section, the
qualifying legislation of the other House shall be entitled to
expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the qualifying legislation in the Senate, the Senate then
receives a companion measure from the House of Representatives,
the companion measure shall not be debatable.
(4) Application to revenue measures.--The provisions of
this subsection shall not apply in the House of Representatives
to qualifying legislation which is a revenue measure.
(g) Definitions.--In this section:
(1) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
SEC. 4. DEFINITIONS.
In this Act:
(1) Joint comprehensive plan of action; jcpoa.--The term
``Joint Comprehensive Plan of Action'' or ``JCPOA'' means the
Joint Comprehensive Plan of Action signed at Vienna on July 14,
2015, by Iran and by France, Germany, the Russian Federation,
the People's Republic of China, the United Kingdom, and the
United States, and all implementing materials and agreements
related to the Joint Comprehensive Plan of Action.
(2) Implementation day.--The term ``Implementation Day''
has the meaning given that term by the Joint Comprehensive Plan
of Action. | Zero Tolerance for Terror Act This bill expresses the sense of Congress that: the Department of the Treasury's Office of Foreign Assets Control should be fully funded to ensure strict sanctions enforcement against Iran in the areas of ballistic missile proliferation and terrorism, and to ensure effective re-imposition of sanctions in the event of Iran's violation of the Joint Comprehensive Plan of Action; and Iran should continue to be prohibited from undertaking any activity related to ballistic missiles capable of delivering nuclear weapons, and United Nations member states should take measures to prevent the related transfer of technology or technical assistance to Iran. The President shall notify Congress if any person or entity: commits an act of international terrorism at the direction of an official of the government of Iran that threatens the security of U.S. nationals or the national security, foreign policy, or economy of the United States; knowingly assists in, sponsors, or provides financial, material, or technological support for, or financial or other services to or in support of such an act, or a foreign terrorist organization that receives financial support from Iran; or commits an act in violation of specified Security Council resolutions relating to ballistic missiles capable of delivering nuclear weapons. During the 60-day period after such notification legislation may be introduced in the Senate or the House of Representatives authorizing or requiring the President to impose sanctions on an identified person or entity. Congressional procedural requirements are set forth. | Zero Tolerance for Terror Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prenatal Nondiscrimination Act
(PRENDA) of 2017''.
SEC. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY.
(a) Findings.--The Congress makes the following findings:
(1) Women are a vital part of American society and culture
and possess the same fundamental human rights and civil rights
as men.
(2) United States law prohibits the dissimilar treatment of
males and females who are similarly situated and prohibits sex
discrimination in various contexts, including the provision of
employment, education, housing, health insurance coverage, and
athletics.
(3) A ``sex-selection abortion'' is an abortion undertaken
for purposes of eliminating an unborn child of an undesired
sex. Sex-selection abortion is described by scholars and civil
rights advocates as an act of sex-based or gender-based
violence, predicated on sex discrimination. By definition, sex-
selection abortions do not implicate the health of the mother
of the unborn, but instead are elective procedures motivated by
sex or gender bias.
(4) The targeted victims of sex-selection abortions
performed in the United States and worldwide are overwhelmingly
female.
(5) Sex-selection abortions are not expressly prohibited by
United States law, and only 7 States ban abortions for reason
of sex selection at some point in pregnancy. Sex is an
immutable characteristic ascertainable at the earliest stages
of human development through existing medical technology and
procedures commonly in use, including maternal-fetal
bloodstream DNA sampling, amniocentesis, chorionic villus
sampling or ``CVS'', and obstetric ultrasound.
(6) Sex-selection abortions have the effect of diminishing
the representation of women in the American population, and
therefore, the American electorate.
(7) Sex-selection abortion reinforces sex discrimination
and has no place in a civilized society.
(8) The history of the United States includes many examples
of sex discrimination. The people of the United States
ultimately responded in the strongest possible legal terms by
enacting a constitutional amendment correcting an element of
this discrimination. Women, once subjected to sex
discrimination that denied them the right to vote, now have
suffrage guaranteed by the 19th Amendment. The elimination of
discriminatory practices has been and is among the highest
priorities and greatest achievements of American history.
(9) Implicitly approving the discriminatory practices of
sex-selection abortion by choosing not to prohibit them will
reinforce sex discrimination, and coarsen society to the value
of females. Thus, Congress has a compelling interest in
acting--indeed it must act--to prohibit sex-selection abortion.
(b) Constitutional Authority.--In accordance with the above
findings, Congress enacts the following pursuant to Congress' power
under--
(1) the Commerce Clause;
(2) section 5 of the 14th Amendment, including the power to
enforce the prohibition on government action denying equal
protection of the laws; and
(3) section 8 of article I to make all laws necessary and
proper for the carrying into execution of powers vested by the
Constitution in the Government of the United States.
SEC. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Discrimination against the unborn on the basis of sex
``(a) In General.--Whoever knowingly--
``(1) performs an abortion knowing that such abortion is
sought based on the sex or gender of the child;
``(2) uses force or the threat of force to intentionally
injure or intimidate any person for the purpose of coercing a
sex-selection abortion;
``(3) solicits or accepts funds for the performance of a
sex-selection abortion; or
``(4) transports a woman into the United States or across a
State line for the purpose of obtaining a sex-selection
abortion,
or attempts to do so, shall be fined under this title or imprisoned not
more than 5 years, or both.
``(b) Civil Remedies.--
``(1) Civil action by woman on whom abortion is
performed.--A woman upon whom an abortion has been performed or
attempted in violation of subsection (a)(2) may in a civil
action against any person who engaged in a violation of
subsection (a) obtain appropriate relief.
``(2) Civil action by relatives.--The father of an unborn
child who is the subject of an abortion performed or attempted
in violation of subsection (a), or a maternal grandparent of
the unborn child if the pregnant woman is an unemancipated
minor, may in a civil action against any person who engaged in
the violation, obtain appropriate relief, unless the pregnancy
or abortion resulted from the plaintiff's criminal conduct or
the plaintiff consented to the abortion.
``(3) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damages for all
injuries, psychological and physical, including loss of
companionship and support, occasioned by the violation
of this section; and
``(B) punitive damages.
``(4) Injunctive relief.--
``(A) In general.--A qualified plaintiff may in a
civil action obtain injunctive relief to prevent an
abortion provider from performing or attempting further
abortions in violation of this section.
``(B) Definition.--In this paragraph the term
`qualified plaintiff' means--
``(i) a woman upon whom an abortion is
performed or attempted in violation of this
section;
``(ii) a maternal grandparent of the unborn
child if the woman upon whom an abortion is
performed or attempted in violation of this
section is an unemancipated minor;
``(iii) the father of an unborn child who
is the subject of an abortion performed or
attempted in violation of subsection (a); or
``(iv) the Attorney General.
``(5) Attorneys fees for plaintiff.--The court shall award
a reasonable attorney's fee as part of the costs to a
prevailing plaintiff in a civil action under this subsection.
``(c) Bar to Prosecution.--A woman upon whom a sex-selection
abortion is performed may not be prosecuted or held civilly liable for
any violation of this section, or for a conspiracy to violate this
section.
``(d) Loss of Federal Funding.--A violation of subsection (a) shall
be deemed for the purposes of title VI of the Civil Rights Act of 1964
to be discrimination prohibited by section 601 of that Act.
``(e) Reporting Requirement.--A physician, physician's assistant,
nurse, counselor, or other medical or mental health professional shall
report known or suspected violations of any of this section to
appropriate law enforcement authorities. Whoever violates this
requirement shall be fined under this title or imprisoned not more than
1 year, or both.
``(f) Expedited Consideration.--It shall be the duty of the United
States district courts, United States courts of appeal, and the Supreme
Court of the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter brought
under this section.
``(g) Protection of Privacy in Court Proceedings.--
``(1) In general.--Except to the extent the Constitution or
other similarly compelling reason requires, in every civil or
criminal action under this section, the court shall make such
orders as are necessary to protect the anonymity of any woman
upon whom an abortion has been performed or attempted if she
does not give her written consent to such disclosure. Such
orders may be made upon motion, but shall be made sua sponte if
not otherwise sought by a party.
``(2) Orders to parties, witnesses, and counsel.--The court
shall issue appropriate orders to the parties, witnesses, and
counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to
the extent necessary to safeguard the identity of the woman
described in paragraph (1) from public disclosure.
``(3) Pseudonym required.--In the absence of written
consent of the woman upon whom an abortion has been performed
or attempted, any party, other than a public official, who
brings an action under this section shall do so under a
pseudonym.
``(4) Limitation.--This subsection shall not be construed
to conceal the identity of the plaintiff or of witnesses from
the defendant or from attorneys for the defendant.
``(h) Definition.--In this section--
``(1) the term `abortion' means the act of using or
prescribing any instrument, medicine, drug, or any other
substance, device, or means with the intent to--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) terminate the pregnancy of a woman known to
be pregnant, with an intention other than--
``(i) after viability to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child; and
``(2) the term `sex-selection abortion' means an abortion
undertaken for purposes of eliminating an unborn child of an
undesired sex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 18, United States Code, is amended by adding after
the item relating to section 249 the following new item:
``250. Discrimination against the unborn on the basis of sex.''.
SEC. 4. SEVERABILITY.
If any portion of this Act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the
portions or applications of this Act which can be given effect without
the invalid portion or application. | Prenatal Nondiscrimination Act (PRENDA) of 2017 This bill imposes criminal penalties on anyone who knowingly or knowingly attempts to: (1) perform an abortion knowing that the abortion is sought based on the sex or gender of the child, (2) use force or the threat of force to coerce a sex-selection abortion, (3) solicit or accept funds for the performance of such an abortion, or (4) transport a woman into the United States or across a state line for the purpose of obtaining such an abortion. The bill authorizes civil actions by: (1) fathers, or maternal grandparents if the mother is an unemancipated minor, of unborn children who are the subject of a prohibited sex-selection abortion; or (2) women upon whom an abortion has been performed or attempted with a knowing or attempted use of force or threat of force to coerce a sex-selection abortion. The bill also authorizes injunctive relief to prevent an abortion provider from performing or attempting further such abortions. Violations of this bill are deemed to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. Medical and mental health professionals must report known or suspected violations to law enforcement authorities. A woman having such an abortion may not be prosecuted or held civilly liable. Courts must make such orders as necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. In the absence of such consent, any party, other than a public official, who brings an action must use a pseudonym. | Prenatal Nondiscrimination Act (PRENDA) of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arabia Mountain National Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a successor
of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including assisting units of government and nonprofit
organizations in preserving resources within the heritage area.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this Act, the management entity
shall submit to the Secretary an annual report that describes
the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this Act.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until such date as a management plan for
the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 8. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 4(b) but for the establishment of the
heritage area by section 4; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 4(b) as
of the date of enactment of this Act, solely as a result of the
establishment of the heritage area by section 4.
(b) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the management
entity.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.
SEC. 12. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or provide any
assistance under this Act shall terminate on September 30, 2016. | Arabia Mountain National Heritage Area Act - (Sec. 4) Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity.
(Sec. 5) Provides for the Alliance to: (1) make grants to and enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and private organizations; (2) develop and submit to the Secretary a management plan for the Area; and (3) assist units of government and nonprofit organizations in preserving resources within the Area.
Requires the Alliance, for any year in which Federal funds have been made available under this Act, to submit to the Secretary of the Interior annual reports on its accomplishments, expenses, and income.
Instructs the Alliance to: (1) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (2) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds.
Prohibits the Alliance from using Federal funds made available under this Act to acquire real property or an interest in real property.
(Sec. 6) Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires that the plan be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001).
Provides that if a management plan is not submitted to the Secretary for approval within three years, the Secretary shall not provide any additional funding under this Act until such a plan is submitted to the Secretary.
Directs the Secretary to approve or disapprove the management plan, and if the plan is disapproved, to make recommendations for revisions to such plan and to allow the Alliance to submit revisions to that plan. Requires the Alliance to periodically review the plan and to submit for review and approval its recommendations for any revisions that it considers to be appropriate. Prohibits the use of any funds made available under this Act to implement any revision proposed by the Alliance until such revision is approved by the Secretary.
(Sec. 7) Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan, upon request by the Alliance.
(Sec. 8) Prohibits anything in this Act from: (1) imposing an occupational, safety, conservation, or environmental regulation on the Area that is more stringent than the regulations that would be applicable to the Area, but for the Area's establishment; or (2) authorizing a Federal agency to promulgate such a regulation for the Area that is more stringent than the regulations applicable to the Area solely as a result of the Area's establishment.
Prohibits anything in this Act: (1) modifying, enlarging, or diminishing any existing authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations); or (2) granting zoning or land use powers to the Alliance.
(Sec. 9) Prohibits the preservation, conservation, or promotion of any privately owned property by the management plan until the owner has been notified in writing by the Alliance and has given written consent. Allows owners of private property included within the boundary of the Area to request that their property be immediately removed.
(Sec. 10) Prohibits anything in this Act from being construed to: (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property or modify any provision of Federal, State, or local law with regard to public access to or use of private property; (2) modify the authority of Federal, State, or local governments to regulate land use; and (3) require the owner of any private property located within the Area's boundaries to participate in or be associated with the Area.
Declares that the boundaries designated for the Area represent the area within which Federal funds appropriated for this Act may be expended and that the establishment of the Area and its boundaries shall not be construed to provide any nonexistent regulatory authority on land use within the Area or its viewshed by the Secretary, the National Park Service, or the Alliance.
(Sec. 11) Authorizes appropriations. Limits the Federal share of the cost of projects or activities carried out using funds made available under this Act to 50 percent.
(Sec. 12) Terminates grants or assistance for the Area on September 30, 2016. | To establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 3(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Louisiana.
SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the whole of
the following parishes in the State: St. Mary, Iberia, St. Martin, St.
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne,
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be
the local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 13 members appointed by the governing authority of
each parish within the Heritage Area.
SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan and otherwise carrying out this Act, the local
coordinating entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, units of local government, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The local coordinating entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important
resource values within the Heritage Area;
(B) encouraging sustainable economic development
within the Heritage Area;
(C) establishing and maintaining interpretive sites
within the Heritage Area; and
(D) increasing public awareness of, and
appreciation for the natural, historic, and cultural
resources of, the Heritage Area;
(3) adopt bylaws governing the conduct of the local
coordinating entity; and
(4) for any year for which Federal funds are received under
this Act, submit to the Secretary a report that describes, for
the year--
(A) the accomplishments of the local coordinating
entity; and
(B) the expenses and income of the local
coordinating entity.
(c) Acquisition of Real Property.--The local coordinating entity
shall not use Federal funds received under this Act to acquire real
property or an interest in real property.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.
(c) Contents.--The management plan shall include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
this Act;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the Heritage
Area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until a management plan for the Heritage
Area is submitted to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the local coordinating entity
to submit to the Secretary revisions to the
management plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(f) Revision.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating entity shall
periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
local coordinating entity for any revisions to the
management plan that the local coordinating entity
considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the local coordinating entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 6. EFFECT OF ACT.
Nothing in this Act or in establishment of the Heritage Area--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed on
by all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from those in effect on the date of enactment of this Act that
would be applicable had the Heritage Area not been established;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage
Area that is subject to part C of title I of the Clean Air Act
(42 U.S.C. 7470 et seq.) as class 1 for the purposes of that
part solely by reason of the establishment of the Heritage
Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality standards
on uses of or discharges to, waters of the United States or
waters of the State within or adjacent to the Heritage Area
solely by reason of the establishment of the Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities
within or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public utility or
common carrier.
SEC. 7. REPORTS.
For any year in which Federal funds have been made available under
this Act, the local coordinating entity shall submit to the Secretary a
report that describes--
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating
entity.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance to the local
coordinating entity under this Act terminates on the date that is 15
years after the date of enactment of this Act.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana.
Designates the Atchafalaya Trace Commission as the local coordinating entity of such Area which shall develop and implement an Area management plan for the protection, interpretation, and enjoyment of such Area, subject to the Secretary of the Interior's approval.
Prohibits the use of Federal funds to acquire real property.
Authorizes appropriations. Limits Federal cost sharing to 50 percent. Terminates the Secretary's authority to provide assistance to the Commission 15 years after the enactment of this Act. | A bill to establish the Atchafalaya National Heritage Area, Louisiana. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Access to Medication and
Improving Health Savings Act of 2016''.
TITLE I--RESTORING ACCESS TO MEDICATION ACT OF 2016
SEC. 101. SHORT TITLE.
This title may be cited as the ``Restoring Access to Medication Act
of 2016''.
SEC. 102. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.
(a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of
1986 is amended by striking the last sentence.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f).
(d) Effective Date.--The amendments made by this section shall
apply to expenses incurred after December 31, 2016.
TITLE II--HEALTH CARE SECURITY ACT OF 2016
SEC. 201. SHORT TITLE.
This title may be cited as the ``Health Care Security Act of
2016''.
SEC. 202. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HEALTH SAVINGS ACCOUNT.
(a) In General.--Section 223(b)(5) of the Internal Revenue Code of
1986 is amended to read as follows:
``(5) Special rule for married individuals with family
coverage.--
``(A) In general.--In the case of individuals who
are married to each other, if both spouses are eligible
individuals and either spouse has family coverage under
a high deductible health plan as of the first day of
any month--
``(i) the limitation under paragraph (1)
shall be applied by not taking into account any
other high deductible health plan coverage of
either spouse (and if such spouses both have
family coverage under separate high deductible
health plans, only one such coverage shall be
taken into account),
``(ii) such limitation (after application
of clause (i)) shall be reduced by the
aggregate amount paid to Archer MSAs of such
spouses for the taxable year, and
``(iii) such limitation (after application
of clauses (i) and (ii)) shall be divided
equally between such spouses unless they agree
on a different division.
``(B) Treatment of additional contribution
amounts.--If both spouses referred to in subparagraph
(A) have attained age 55 before the close of the
taxable year, the limitation referred to in
subparagraph (A)(iii) which is subject to division
between the spouses shall include the additional
contribution amounts determined under paragraph (3) for
both spouses. In any other case, any additional
contribution amount determined under paragraph (3)
shall not be taken into account under subparagraph
(A)(iii) and shall not be subject to division between
the spouses.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
SEC. 203. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.
(a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(D) Treatment of certain medical expenses
incurred before establishment of account.--If a health
savings account is established during the 60-day period
beginning on the date that coverage of the account
beneficiary under a high deductible health plan begins,
then, solely for purposes of determining whether an
amount paid is used for a qualified medical expense,
such account shall be treated as having been
established on the date that such coverage begins.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to coverage beginning after December 31, 2016.
SEC. 204. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT
INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET
LIMITATION.
(a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting
``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
(b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended
by striking ``$4,500'' and inserting ``the amount in effect under
subsection (c)(2)(A)(ii)(II)''.
(c) Conforming Amendments.--Section 223(g)(1) of such Code is
amended--
(1) by striking ``subsections (b)(2) and'' both places it
appears and inserting ``subsection'', and
(2) by striking ``determined by'' in subparagraph (B)
thereof and all that follows through ```calendar year 2003'.''
and inserting ``determined by substituting `calendar year 2003'
for `calendar year 1992' in subparagraph (B) thereof .''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
TITLE III--PROTECTING TAXPAYERS BY RECOVERING IMPROPER OBAMACARE
SUBSIDY OVERPAYMENTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Protecting Taxpayers by Recovering
Improper Obamacare Subsidy Overpayments Act''.
SEC. 302. RECOVERY OF IMPROPER OVERPAYMENTS RESULTING FROM CERTAIN
FEDERALLY SUBSIDIZED HEALTH INSURANCE.
(a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(i) In general.--In the case of a
taxpayer whose household income is less than
300 percent of the poverty line for the size of
the family involved for the taxable year, the
amount of the increase under subparagraph (A)
shall in no event exceed the applicable dollar
amount determined in accordance with the
following table (one-half of such amount in the
case of a taxpayer whose tax is determined
under section 1(c) for the taxable year):
----------------------------------------------------------------------------------------------------------------
``If the household income (expressed as a
percent of poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%............................... $600
At least 200% but less than 250%............. $1,500
At least 250% but less than 300%............. $3,000.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
Passed the House of Representatives July 6, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Restoring Access to Medication and Improving Health Savings Act of 2016 This bill amends the Internal Revenue Code to modify the rules that apply to health savings accounts (HSAs) and overpayments of subsidies under the Patient Protection and Affordable Care Act. Restoring Access to Medication Act of 2016 The bill repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from HSAs, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs). Health Care Security Act of 2016 The bill modifies the rules for HSAs with respect to catch-up contributions for married couples, medical expenses incurred before an HSA is established, and contribution limits. If both spouses of a married couple have family coverage under a high deductible health plan, each spouse may make catch-up contributions to the same HSA. (Catch-up contributions are additional contributions which individuals who are at least 55 years of age may make to an HSA.) If an HSA is established within 60 days of the beginning of coverage under a high deductible health plan, any distribution from the HSA used to pay a qualified medical expense incurred during that 60-day period after the health coverage began is excludible from gross income. (Under current law, the medical expense must be incurred on or after the date that the HSA is established.) The bill increases the maximum contribution limits for HSAs to equal the maximum for the sum of the annual deductible and out-of-pocket expenses that may be required to be paid for covered benefits under a high deductible health plan. Protecting Taxpayers by Recovering Improper Obamacare Subsidy Overpayments Act The bill eliminates the limitation on the increase in tax imposed upon certain low-income families for advance payments of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit. | Restoring Access to Medication and Improving Health Savings Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Medical Care for Troops and
Retirees Act''.
SEC. 2. MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES AND
DEPENDENTS.
(a) Future Repeal of Limitation on Number of Sites.--Effective
January 1, 2001, paragraph (2) of section 1896(b) of section 1896 of
the Social Security Act (42 U.S.C. 1395ggg) is amended to read as
follows:
``(2) Location of Sites.--The program shall be conducted in any
site designated jointly by the administering Secretaries, and shall be
conducted nationwide by January 1, 2006.''.
(b) Making Project Permanent; Changes in Project References.--
(1) Elimination of time limitation.--Paragraph (4) of
section 1896(b) of such Act is repealed.
(2) Treatment of caps.--Subsection (i)(4) of section 1896
of such Act is amended by adding at the end the following:
``This paragraph shall not apply after calendar year
2001.''.
(3) Conforming changes of references to demonstration
project.--Section 1896 of such Act is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) Program.--The term `program' means the program carried out
under this section.'';
(C) in the heading to subsection (b), by striking
``Demonstration Project'' and inserting ``Program'';
(D) by striking ``demonstration project'' or
``project'' each place either appears and inserting
``program'';
(E) in subsection (k)(2)--
(i) by striking ``extension and expansion
of demonstration project'' and inserting
``program''; and
(ii) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) whether there is a cost to the health care
program under this title in conducting the program
under this section; and
``(B) whether the terms and conditions of the
program should be modified.''.
(4) Reports.--Subsection (k)(1) of section 1896 is amended
in the second sentence--
(A) by striking ``the demonstration project'' and
inserting ``the program'';
(B) by striking ``, and the'' and all that follows
through ``date'';
(C) by redesignating subparagraph (O) as
subparagraph (P); and
(D) by inserting after subparagraph (N) the
following new subparagraph:
``(O) Patient satisfaction with the program.''.
(5) Additional conforming amendments.--Section 1896(b) of
such Act is further amended--
(A) by redesignating paragraph (5) as paragraph
(4); and
(B) by striking ``At least 60 days'' and all that
follows through ``agreement'' and inserting ``The
administering Secretaries shall submit on an annual
basis the most current agreement''.
(6) Continuation of provision of care.--Section 1896(b) of
such Act is further amended by adding at the end the following
new paragraph:
``(6) Continuation of provision of care.--With respect to
any individual who receives health care benefits under this
section before the date of the enactment of this paragraph, the
administering Secretaries shall not terminate such benefits
unless the individual ceases to fall within the definition of
the term `medicare-eligible military retiree or dependent' (as
defined in subsection (a)).''.
(c) Payments.--
(1) Permitting payments on a fee-for-service basis.--
Section 1896 of the Social Security Act is further amended by
adding at the end the following new subsection:
``(l) Payment on a Fee-for-Service Basis.--Instead of the payment
method described in subsection (i)(1) and in the case of individuals
who are not enrolled in the program in the manner described in
subsection (d)(1), the Secretary may reimburse the Secretary of Defense
for services provided under the program at a rate that does not exceed
the rate of payment that would otherwise be made under this title for
such services if sections 1814(c) and 1835(d), and paragraphs (2) and
(3) of section 1862(a), did not apply.''.
(2) Payments to military treatment facilities.--Such
section is further amended by adding at the end the following
new subsection:
``(m) Payments to Military Treatment Facilities.--The Secretary of
Defense shall reimburse military treatment facilities for the provision
of health care under this section.''.
(3) Conforming amendments.--Such section is further
amended--
(A) in subsections (b)(1)(B)(v) and
(b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
after ``subsection (i)'';
(B) in subsection (b)(2), by adding at the end the
following: ``If feasible, at least one of the sites
shall be conducted using the fee-for-service
reimbursement method described in subsection (l).'';
(C) in subsection (d)(1)(A), by inserting
``(insofar as it provides for the enrollment of
individuals and payment on the basis described in
subsection (i))'' before ``shall meet'';
(D) in subsection (d)(1)(A), by inserting ``and the
program (insofar as it provides for payment for
facility services on the basis described in subsection
(l)) shall meet all requirements for such facilities
under this title'' after ``medicare payments'';
(E) in subsection (d)(2), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``shall comply'';
(F) in subsection (g)(1), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``the Secretary of Defense'';
(G) in subsection (i)(1), by inserting ``and
subsection (l)'' after ``of this subsection'';
(H) in subsection (i)(4), by inserting ``and
subsection (l)'' after ``under this subsection''; and
(I) in subsection (j)(2)(B)(ii), by inserting ``or
subsection (l)'' after ``subsection (i)(1)''.
(3) Effective date.--The amendments made by this subsection
take effect on January 1, 2001, and apply to services furnished
on or after such date.
(d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
``(C) Elimination of restrictive policy.--If the
enrollment capacity in the program has been reached at
a particular site designated under paragraph (2) and
the Secretary therefore limits enrollment at the site
to medicare-eligible military retirees and dependents
who are enrolled in TRICARE Prime (as defined for
purposes of chapter 55 of title 10, United States Code)
at the site immediately before attaining 65 years of
age, participation in the program by a retiree or
dependent at such site shall not be restricted based on
whether the retiree or dependent has a civilian primary
care manager instead of a military primary care
manager.''.
(e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
``(m) Medigap Protection for Enrollees.--(1) Subject to paragraph
(2), the provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security
Act shall apply to any enrollment (and termination of enrollment) in
the program (for which payment is made on the basis described in
subsection (i)) in the same manner as they apply to enrollment (and
termination of enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) In applying paragraph (1)--
``(A) in the case of enrollments occurring before January
1, 2001, any reference in clause (v) or (vi) of section
1882(s)(3)(B) of such Act to 12 months is deemed a reference to
the period ending on December 31, 2001; and
``(B) the notification required under section 1882(s)(3)(D)
of such Act shall be provided in a manner specified by the
Secretary of Defense in consultation with the Director of the
Office of Personnel Management.''.
(f) Reimbursement Rates.--Section 1896 of such Act is further
amended in subsection (i)(1) by striking ``95 percent of''.
SEC. 3. EXTENSION OF FEHBP DEMONSTRATION PROGRAM.
Section 1108 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) With respect to any individual who enrolls in the program
under this section and does not elect to discontinue enrollment, the
Secretary shall not terminate the enrollment of such individual after
the termination of the demonstration project unless the individual
ceases to meet the requirements described in subsection (b)(1).'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``three'' and
inserting ``four''; and
(B) in paragraph (2), by striking ``2002'' and
inserting ``2003'';
(3) in subsection (f)(1), by striking ``three'' and
inserting ``four'';
(4) in subsections (j)(1) and (k), by striking ``2002'' and
inserting ``2003''; and
(5) in subsection (l)(2), by striking ``36 months'' and
inserting ``48 months''.
SEC. 4. COVERAGE OF FAMILY MEMBERS UNDER SUPPLEMENTAL CARE PROGRAM FOR
MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM
SOURCES OF CARE.
Section 731(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 1074 note) is amended by adding
at the end the following new paragraph:
``(4) A family member of a member described in subsection
(c) shall also be eligible to receive the care described in
subsection (a). For purposes of this subsection, the term
`family member' shall have the same meaning as the term
`dependent', as defined for purposes of title 10, United States
Code.''.
SEC. 5. EXPANSION OF PHARMACY PROGRAM.
Section 723 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 1073 note) is
amended--
(1) in subsection (a), by striking ``who reside in an area
selected under subsection (f)'';
(2) by amending subsection (f) to read as follows:
``(f) Benefits To Be Offered.--The pharmacy benefits provided under
the redesigned system implemented under this section shall be at least
equivalent to the pharmacy benefits provided under section 702 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 1079 note).''; and
(3) by adding at the end the following new subsection:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $455,000,000 for fiscal year 2001; and
``(2) $485,000,000 for fiscal year 2002.''.
SEC. 6. IMPROVEMENTS UNDER THE TRICARE PROGRAM.
(a) Elimination of Copayments Under TRICARE Prime.--(1) Chapter 55
of title 10, United States Code, is amended in section 1095d by adding
at the end the following new subsection:
``(c) Termination of Copayments for Certain Covered
Beneficiaries.--The Secretary may not require a member of the uniformed
services on active duty, or the dependent of such a member, to pay a
copayment for health care services received under TRICARE Prime.''.
(2) The heading of such section is amended to read as follows:
``Sec. 1095d. TRICARE program: waiver of certain deductibles and
copayments''.
(3) The item relating to section 1095d in the table of sections at
the beginning of such chapter 55 is amended to read as follows:
``1095d. TRICARE program: waiver of certain deductibles and
copayments.''.
(b) Elimination of Non-Availability Statement Requirement;
Reduction of Catastrophic Cap.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095e the following new
section:
``Sec. 1095f. TRICARE Program: non-availability statement; catastrophic
cap
``(a) Prohibition on Requirement To Obtain Non-Availability
Statement.--The Secretary shall not require a covered beneficiary to
obtain a non-availability statement in order to receive health care
services under TRICARE Standard.
``(b) Reduction of Catastrophic Cap.--The Secretary shall reduce
the catastrostrophic cap for covered beneficiaries under TRICARE
Standard and TRICARE Extra to $3,000.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095e the
following new item:
``1095f. TRICARE Program: Non-Availability Statement; Catastrophic
Cap.''.
SEC. 7. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``Sec. 1074h. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by a
primary care physician to a specialty care provider who provides
services more than 100 miles from the location in which the primary
care provider provides services to the member, the Secretary shall
provide reimbursement for reasonable travel expenses for the covered
beneficiary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1074h. Reimbursement for certain travel expenses.''. | Authorizes appropriations for the redesigned pharmacy system under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. | Improved Medical Care for Troops and Retirees Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Adviser Oversight Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the activities of investment advisers are of continuing
national concern;
(2) increased supervision of investment advisers by the
Securities and Exchange Commission (hereafter in this Act
referred to as the ``Commission'') is necessary to protect
investors from fraud and other illegal conduct;
(3) additional resources are necessary to recover the
Commission's costs of an enhanced program for the oversight of
investment advisers and their activities, including the costs
of registration and inspections; and
(4) because the direct beneficiaries of these activities
are investment advisers, it is appropriate for investment
advisers to pay fees for such activities.
SEC. 3. REGISTERED INVESTMENT ADVISER FEES.
(a) In General.--The Investment Advisers Act of 1940 (15 U.S.C.
80b-1 et seq.) is amended by inserting after section 203 the following
new section:
``SEC. 203A. FEES FOR REGISTRANTS AND APPLICANTS.
``(a) In General.--The Commission is authorized, in accordance with
this section, to collect fees to recover the costs of enhanced efforts
to register all persons required to be registered under this title and
enhanced supervision and regulation of investment advisers and their
activities. Such fees shall be collected and shall be made available
only to the extent provided in advance in appropriations Acts. Such
fees shall be deposited as an offsetting collection to the Commission's
appropriation and shall remain available until expended. The costs
covered by such fees shall be the costs of Commission expenses for the
registration and inspection of investment advisers and related
activities.
``(b) Time for Payment.--
``(1) Applicants.--At the time of filing an application for
registration under this title, the applicant shall pay to the
Commission the fee directed in advance in appropriations Acts
to be collected as specified in subsection (c). No part of such
fee shall be refunded to the applicant. The filing of an
application for registration under this title shall not be
deemed to have occurred unless the application is accompanied
by the fee required under this section.
``(2) Investment advisers.--Each investment adviser whose
registration is effective on the last day of its fiscal year
shall pay such fee to the Commission not later than 90 days
after the end of its fiscal year, or at such other time as the
Commission, by rule, shall determine, unless its registration
has been withdrawn, canceled, or revoked prior to that date. No
part of such fee shall be refunded to the investment adviser.
``(c) Schedule of Fees.--The amount of fees due from investment
advisers in accordance with paragraphs (1) and (2) of subsection (b)
shall be determined according to the following schedule:
``Assets under management Fee due:
Less than $10,000,000......................... $300
$10,000,000 or more, but less than $25,000,000 $500
$25,000,000 or more, but less than $50,000,000 $1,000
$50,000,000 or more, but less than $2,500
$100,000,000.
$100,000,000 or more, but less than $4,000
$250,000,000.
$250,000,000 or more, but less than $5,000
$500,000,000.
$500,000,000 or more.......................... $7,000.
``(d) Suspension for Failure To Pay.--The Commission, by order, may
suspend the registration of any investment adviser if it finds (after
notice) that such investment adviser has failed to pay when due any fee
required by this section. The Commission shall reinstate such
registration upon payment of the fee (and any penalties due), if such
suspension was based solely on the failure to pay the fee.
``(e) Rulemaking.--The Commission may adopt such rules and
regulations as are necessary to carry out this section.''.
(b) Effective Date.--This section (and the amendment made by this
section) shall become effective upon the adoption by the Commission of
implementing rules and regulations, under section 203A(e) of the
Investment Advisers Act of 1940, as added by subsection (a).
SEC. 4. FACILITIES FOR FILING RECORDS AND REPORTS.
Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
(1) by inserting ``(a)'' after ``Sec. 204.''; and
(2) by adding at the end the following:
``(b) The Commission, by rule, may require any investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required by this title or by the rules issued
under this title through any person designated by the
Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing.''.
SEC. 5. BOND REQUIREMENT.
(a) In General.--Section 208 of the Investment Advisers Act of 1940
(15 U.S.C. 80b-8) is amended by adding at the end the following:
``(e)(1) The Commission may require, by rules and regulations for
the protection of investors, any investment adviser registered under
section 203 that--
``(A) is authorized to exercise investment discretion, as
defined in section 3(a)(35) of the Securities Exchange Act of
1934, with respect to an account;
``(B) has access to the securities or funds of a client; or
``(C) is an investment adviser of an investment company, as
defined in section 2(a)(20) of the Investment Company Act of
1940,
to obtain a bond from a reputable fidelity insurance company against
larceny and embezzlement in such reasonable amounts and covering such
officers, partners, directors, and employees of the investment adviser
as the Commission may prescribe.
``(2) In implementing paragraph (1), the Commission shall
consider--
``(A) the degree of risk to client assets that is involved;
``(B) the cost and availability of fidelity bonds;
``(C) existing fidelity bonding requirements;
``(D) any alternative means to protect client assets; and
``(E) the results, findings, and conclusions of the study
required by paragraph (3).
``(3) Before implementing paragraph (1), the Commission shall study
(and shall make such study and its conclusions and findings available
to the public)--
``(A) the availability of fidelity bonds, both for large-
scale and small-scale investment advisers, and also for
investment advisers not located in urban areas; and
``(B) the impact of the provisions of paragraph (1) on the
competitive position of small-scale investment advisers.
``(4) The Commission shall not require investment advisers to
obtain a fidelity bond if--
``(A) fidelity bonds are not readily or reasonably
available in the urban or rural areas in which such investment
advisers are located; or
``(B) the cost of obtaining a fidelity bond would have a
substantial adverse impact on such investment advisers'
competitive positions.''.
Passed the Senate November 20 (legislative day, November
2), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Investment Advisers Amendments of 1994 - Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to collect fees to cover specified costs of regulating investment advisers and their activities. Sets forth a sliding scale fee schedule. Authorizes the SEC to suspend the registration of any investment adviser for failure to pay the requisite fees.
Directs the SEC to report to the Congress on certain surveys regarding the failure of persons to register as mandated.
Authorizes the SEC to designate registered self-regulatory organizations to: (1) conduct periodic compliance examinations of members and their affiliates; (2) discipline them for non-compliance; and (3) collect examination fees. Places limitations upon such designation authority with respect to affiliates of members (especially those whose primary business is investment advisory activities), and savings association affiliates of members.
Requires the SEC to: (1) examine the nature of potential conflicts of interest with an adviser's fiduciary obligations when the adviser is compensated for the sale of investment products; and (2) prescribe rules for the disclosure of such conflicts of interest.
Empowers the SEC to: (1) require any investment adviser to file requisite fees or reports with the SEC; and (2) designate an entity to operate a readily accessible electronic facility to process inquiries regarding disciplinary proceedings involving investment advisers and their associates.
Directs the SEC to include in certain annual reports status updates on: (1) proposed revisions of investment adviser registration; (2) consultations with State authorities regarding collection and dissemination of registration information; and (3) implementation of information systems. Requires such updates to include an analysis of how registration revisions will provide investment clients with timely and effective disclosure of investment adviser conflicts of interest and/or previous convictions.
Authorizes the Commission to require registered advisers to be bonded against larceny and embezzlement. Directs the Commission to study: (1) the availability of fidelity bonds for large and small-scale investment advisers and advisers located in non-urban areas; and (2) the impact of this Act's bonding requirements upon the competitive position of small-scale investment advisers.
Directs the Commission to exempt investment advisers from such bonding requirements if: (1) the bonds are not reasonable or readily available in their locality; or (2) the cost of obtaining the bonds would have a substantial adverse impact upon an adviser's competitive position. | Investment Advisers Amendments of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Relief Act of 2004''.
SEC. 2. FIRST $2,000 OF HEALTH INSURANCE PREMIUMS FULLY DEDUCTIBLE.
(a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 (relating to medical, dental, etc., expenses) is
amended to read as follows:
``(a) Allowance of Deduction.--There shall be allowed as a
deduction the following amounts not compensated for by insurance or
otherwise--
``(1) the amount by which the amount of expenses paid
during the taxable year (reduced by the amount deductible under
paragraph (2)) for medical care of the taxpayer, the taxpayer's
spouse, and the taxpayer's dependents (as defined in section
152) exceeds 7.5 percent of adjusted gross income, plus
``(2) so much of the expenses paid during the taxable year
for insurance which constitutes medical care under subsection
(d)(1)(D) (other than for a qualified long-term care insurance
contract) for such taxpayer, spouse, and dependents as does not
exceed $2,000.''.
(b) Deduction Allowed Whether or not Taxpayer Itemizes Deduction.--
Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted
gross income) is amended by inserting after paragraph (18) the
following new paragraph:
``(19) Health insurance premiums.--The deduction allowed by
section 213(a)(2).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. SMALL BUSINESS HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the health insurance credit determined under this
section for the taxable year is an amount equal to the applicable
percentage of the expenses paid by the taxpayer during the taxable year
for health insurance coverage for such year provided under a new health
plan for employees of such employer.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) in the case of insurance purchased as a member of a
health benefit purchasing coalition (as defined in regulations
prescribed by the Secretary), 40 percent, and
``(2) in the case of insurance not described in paragraph
(1), 30 percent.
``(c) Limitations.--
``(1) Per employee dollar limitation.--The amount of
expenses taken into account under subsection (a) with respect
to any employee for any taxable year shall not exceed--
``(A) in the case of insurance purchased as a
member of a coalition referred to in subsection
(b)(1)--
``(i) $800 in the case of self-only
coverage, and
``(ii) $2,000 in the case of family
coverage, and
``(B) in any other case--
``(i) $600 in the case of self-only
coverage, and
``(ii) $1,500 in the case of family
coverage.
In the case of an employee who is covered by a new health plan
of the employer for only a portion of such taxable year, the
limitation under the preceding sentence shall be an amount
which bears the same ratio to such limitation (determined
without regard to this sentence) as such portion bears to the
entire taxable year.
``(2) Period of coverage.--Expenses may be taken into
account under subsection (a) only with respect to coverage for
the 4-year period beginning on the date the employer
establishes a new health plan.
``(3) Employer must bear 65 percent of cost.--Expenses may
be taken into account under subsection (a) only if at least 65
percent of the cost of the coverage (without regard to this
section) is borne by the employer.
``(d) Definitions.--For purposes of this section--
``(1) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by section
9832(b)(1).
``(2) New health plan.--
``(A) In general.--The term `new health plan' means
any arrangement of the employer which provides health
insurance coverage to employees if--
``(i) such employer (and any predecessor
employer) did not establish or maintain such
arrangement (or any similar arrangement) at any
time during the 2 taxable years ending prior to
the taxable year in which the credit under this
section is first allowed, and
``(ii) such arrangement provides health
insurance coverage to at least 70 percent of
the qualified employees of such employer.
``(B) Qualified employee.--
``(i) In general.--The term `qualified
employee' means any employee of an employer and
shall include a leased employee within the
meaning of section 414(n).
``(3) Small employer.--The term `small employer' has the
meaning given to such term by section 4980D(d)(2); except
that--
``(A) only qualified employees shall be taken into
account, and
``(B) such section shall be applied by substituting
`100 employees' for `50 employees'.
``(e) Special Rules.--
``(1) Certain rules made applicable.--For purposes of this
section, rules similar to the rules of section 52 shall apply.
``(2) Amounts paid under salary reduction arrangements.--No
amount paid or incurred pursuant to a salary reduction
arrangement shall be taken into account under subsection (a).
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2004, each dollar
amount contained in subsections (c)(1) and (d)(2)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2003' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2010.''.
(b) Credit to Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (13), by striking the period
at the end of paragraph (14) and inserting ``, plus'', and by adding at
the end the following:
``(15) in the case of a small employer (as defined in
section 45G(d)(3)), the health insurance credit determined
under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year beginning before January 1, 2004.''.
(d) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Small Business Health Insurance Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the expenses (otherwise allowable as a deduction)
taken into account in determining the credit under section 45G
for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45G(a).
``(2) Controlled groups.--Persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as 1 person for purposes of this section.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:
``Sec. 45G. Small business health insurance expenses.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2003, for arrangements established after the date of the
enactment of this Act.
SEC. 4. REFUNDABLE HEALTH INSURANCE COSTS CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable personal credits) is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:
``SEC. 36. HEALTH INSURANCE COSTS FOR UNINSURED INDIVIDUALS.
``(a) Allowance of Credit.--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 amount paid by the taxpayer
during such taxable year for qualified health insurance for the
taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $500.
``(c) Qualified Health Insurance.--For purposes of this section,
the term `qualified health insurance' means health insurance coverage
(as defined in section 9832(b)(1)).
``(d) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with deduction for health insurance
costs of self-employed individuals.--In the case of a taxpayer
who is eligible to deduct any amount under section 162(l) for
the taxable year, this section shall apply only if the taxpayer
elects not to claim any amount as a deduction under such
section for such year.
``(3) Coordination with deduction for archer msas and
hsas.--In the case of a taxpayer who is eligible to deduct any
amount under section 220 or 223 for the taxable year, this
section shall apply only if the taxpayer elects not to claim
any amount as a deduction under such section for such year.
``(4) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(5) Coordination with section 35.--If a taxpayer is
eligible for the credit allowed under this section and section
35 for any taxable year, the taxpayer shall elect which credit
is to be allowed.
``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(f) Regulations.--The Secretary may prescribe such regulations as
may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 162(l) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(6) Election to have subsection apply.--No deduction
shall be allowed under paragraph (1) for a taxable year unless
the taxpayer elects to have this subsection apply for such
year.''.
(2) Section 220(b) of such Code is amended by adding at the
end the following:
``(8) Election to have subsection apply.--No deduction
shall be allowed under subsection (a) for a taxable year unless
the taxpayer elects to have this section apply for such
year.''.
(3) Section 223(b) of such Code is amended by adding at the
end the following:
``(8) Election to have subsection apply.--No deduction
shall be allowed under subsection (a) for a taxable year unless
the taxpayer elects to have this section apply for such
year.''.
(4) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(5) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 36. Health insurance costs for uninsured individuals.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Health Care Relief Act of 2004 - Amends the Internal Revenue Code to allow: (1) taxpayers, including non-itemizing taxpayers, a tax deduction from gross income for the first $2,000 of their out-of-pocket medical expenses; (2) certain small business employers a business tax credit for amounts paid for employee health insurance coverage; and (3) a refundable tax credit up to $500 for the health insurance costs of a taxpayer and the taxpayer's spouse and dependents. | To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage small business health plans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security Enhancement Act of
2006''.
TITLE I--ALIEN SMUGGLER PROSECUTION ACT
SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.
(a) Findings.--The Congress finds as follows:
(1) Recent experience shows that alien smuggling is
flourishing, is increasingly violent, and is highly profitable.
(2) Alien smuggling operations also present terrorist and
criminal organizations with opportunities for smuggling their
members into the United States practically at will.
(3) Alien smuggling is a lucrative business. Each year,
criminal organizations that smuggle or traffic in persons are
estimated to generate $9,500,000,000 in revenue worldwide.
(4) Alien smuggling frequently involves dangerous and
inhumane conditions for smuggled aliens. Migrants are
frequently abused or exploited, both during their journey and
upon reaching the United States. Consequently, aliens smuggled
into the United States are at significant risk of physical
injury, abuse, and death.
(5) Notwithstanding that alien smuggling poses a risk to
the United States as a whole, uniform guidelines for the
prosecution of smuggling offenses are not employed by the
various United States attorneys. Understanding that border-area
United States attorneys face an overwhelming workload, a lack
of sufficient prosecutions by certain United States attorneys
has encouraged additional smuggling, and demoralized Border
Patrol officers charged with enforcing our anti-smuggling laws.
(b) Sense of Congress.--It is the sense of the Congress that the
Attorney General should adopt, not later than 3 months after the date
of the enactment of this Act, uniform guidelines for the prosecution of
smuggling offenses to be followed by each United States attorney in the
United States.
(c) Additional Personnel.--In each of the fiscal years 2008 through
2013, the Attorney General shall, subject to the availability of
appropriations, increase by not less than 20 the number of attorneys in
the offices of United States attorneys employed to prosecute cases
under section 274 of the Immigration and Nationality Act (8 U.S.C.
1324), as compared to the previous fiscal year.
TITLE II--CRIMINAL ALIEN REMOVAL ACT
SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL
GROUNDS.
(a) In General.--Section 238(b) of the Immigration and Nationality
Act (8 U.S.C. 1228(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security in the exercise of
discretion''; and
(B) by striking ``set forth in this subsection or''
and inserting ``set forth in this subsection, in lieu
of removal proceedings under'';
(2) in paragraph (3), by striking ``paragraph (1) until 14
calendar days'' and inserting ``paragraph (1) or (3) until 7
calendar days'';
(3) by striking ``Attorney General'' each place it appears
in paragraphs (3) and (4) and inserting ``Secretary of Homeland
Security'';
(4) in paragraph (5)--
(A) by striking ``described in this section'' and
inserting ``described in paragraph (1) or (2)''; and
(B) by striking ``the Attorney General may grant in
the Attorney General's discretion'' and inserting ``the
Secretary of Homeland Security or the Attorney General
may grant, in the discretion of the Secretary or
Attorney General, in any proceeding'';
(5) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(6) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary of Homeland Security in the exercise of
discretion may determine inadmissibility under section
212(a)(2) (relating to criminal offenses) and issue an order of
removal pursuant to the procedures set forth in this
subsection, in lieu of removal proceedings under section 240,
with respect to an alien who--
``(A) has not been admitted or paroled;
``(B) has not been found to have a credible fear of
persecution pursuant to the procedures set forth in
section 235(b)(1)(B); and
``(C) is not eligible for a waiver of
inadmissibility or relief from removal.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act but shall not
apply to aliens who are in removal proceedings under section 240 of the
Immigration and Nationality Act as of such date.
TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006
SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by the Bureau
of Immigration and Customs Enforcement, shall be imprisoned for not
more than 20 years.
``(b) Any person who recklessly permits the construction or use of
a tunnel or passage described in subsection (a) on land that the person
owns or controls shall be imprisoned for not more than 10 years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction
(including biological weapons), or a member of a terrorist organization
(as defined in section 212(a)(3)(B)(vi) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice
the penalty that would have otherwise been imposed had the unlawful
activity not made use of such a tunnel or passage.''.
(b) Clerical Amendment.--The table of sections for chapter 27 of
title 18, United States Code, is amended by adding at the end the
following:
``Sec. 554. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
States Code, is amended by inserting ``554,'' before ``1425,''.
SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate or amend
sentencing guidelines to provide for increased penalties for persons
convicted of offenses described in section 554 of title 18, United
States Code, as added by section 301.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious nature
of the offenses described in section 554 of title 18, United
States Code, and the need for aggressive and appropriate law
enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in
subsection (a) of such section to facilitate other
felonies; and
(B) the circumstances for which the sentencing
guidelines currently provide applicable sentencing
enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code. | Border Security Enhancement Act of 2006 - Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses.
Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013.
Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to determine inadmissibility based on criminal grounds under an expedited removal process for an alien who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal.
Authorizes the Secretary to execute an order of removal seven days (currently, 14 days) after it's issuance.
Amends the federal criminal code to prohibit the knowing construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country.
Imposes a 20-year maximum prison term for such offense. Imposes a 10-year maximum prison term on any person who recklessly permits the construction or use of such a tunnel or passage on land that such person owns or controls.
Doubles penalties for persons who use such a tunnel or passage to unlawfully smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization.
Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage.
Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of such a tunnel or passage. | To secure the borders of the United States, and to ensure the removal of deportable criminal aliens. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forensic Sciences
Improvement Act of 1999''.
SEC. 2. IMPROVING THE QUALITY, TIMELINESS, AND CREDIBILITY OF FORENSIC
SCIENCE SERVICES FOR CRIMINAL JUSTICE PURPOSES.
(a) Description of Drug Control and System Improvement Grant
Program.--Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 375(b)) is amended--
(1) in paragraph (25), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end, the following:
``(27) improving the quality, timeliness, and credibility
of forensic science services for criminal justice purposes.''.
(b) State Applications.--Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end of the following:
``(13) If any part of the amount received from a grant
under this part is to be used to improve the quality,
timeliness, and credibility of forensic science services for
criminal justice purposes, a certification that, as of the date
of enactment of this paragraph, the State has an established--
``(A) forensic science laboratory or forensic
science laboratory system, that--
``(i) employs 1 or more full-time
scientists--
``(I) whose principle duties are
the examination of physical evidence
for law enforcement agencies in
criminal matters; and
``(II) who provide testimony with
respect to such physical evidence to
the criminal justice system;
``(ii) employs generally accepted practices
and procedures, as established by appropriate
accrediting organizations; and
``(iii) is accredited by the Laboratory
Accreditation Board of the American Society of
Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a
portion of the grant amount to prepare and
apply for such accreditation by not later than
2 years after the date on which a grant is
initially awarded under this paragraph; or
``(B) medical examiner's office (as defined by the
National Association of Medical Examiners) that--
``(i) employs generally accepted practices
and procedures, as established by appropriate
accrediting organizations; and
``(ii) is accredited by the Laboratory
Accreditation Board of the American Society of
Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a
portion of the grant amount to prepare and
apply for such accreditation by not later than
2 years after the date on which a grant is
initially awarded under this paragraph.''.
(c) Forensic Sciences Improvement Grants.--
(1) In general.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(A) by redesignating part Z as part AA and
redesignating section 2601 as section 2701; and
(B) by inserting after part Y the following:
``PART Z--FORENSIC SCIENCES IMPROVEMENT GRANTS
``SEC. 2601. GRANT AUTHORIZATION.
``The Attorney General shall award grants to States in accordance
with this part.
``SEC. 2602. APPLICATIONS.
``To request a grant under this part, a State shall submit to the
Attorney General--
``(1) a certification that the State has developed a
consolidated State plan under a program described in section
2604(a), and a specific description of the manner in which the
grant will be used to carry out that plan;
``(2) a certification that any forensic science laboratory
system, medical examiner's office, or coroner's office in the
State that will receive any portion of the grant amount uses
generally accepted laboratory practices and procedures,
established by accrediting organizations; and
``(3) a specific description of any new facility to be
constructed as part of the program described in paragraph (1),
and the estimated costs of that facility, and a certification
that grant will not be used to fund more than 40 percent of the
total costs of that facility.
``SEC. 2603. ALLOCATION.
``(a) In General.--Of the amount made available to carry out this
part in each fiscal year, each State that meets the requirements of
section 2602 shall receive an amount that bears the same ratio to the
total amount made available to carry out this part for that fiscal year
as the population of the State bears to the population of all States.
``(b) State Defined.--In this section, the term `State' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, except that--
``(1) for purposes of the allocation under this section,
American Samoa and the Commonwealth of the Northern Mariana
Islands shall be considered as 1 State; and
``(2) for purposes of paragraph (1), 67 percent of the
amount allocated shall be allocated to American Samoa, and 33
percent shall be allocated to the Commonwealth of the Northern
Mariana Islands.
``SEC. 2604. USE OF GRANTS.
``(a) In General.--A State that receives a grant under this part
shall use the grant to carry out all or a substantial part of a program
intended to improve the quality and timeliness of forensic science or
medical examiner services in the State.
``(b) Permitted Categories of Funding.--Subject to subsections (c)
and (d), a grant awarded under this part--
``(1) may only be used for program expenses relating to
facilities, personnel, computerization, equipment, supplies,
accreditation and certification, education, and training; and
``(2) may not be used for any general law enforcement or
nonforensic investigatory function.
``(c) Facilities Costs.--A grant awarded under this part may not be
used to fund more than 40 percent of the total costs of any new
facility constructed as part of a program described in subsection (a).
``(d) Administrative Costs.--Not more than 10 percent of the total
amount of a grant awarded under this part may be used for
administrative expenses.
``SEC. 2605. ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate such
guidelines, regulations, and procedures as may be necessary to carry
out this part, including guidelines, regulations, and procedures
relating to the submission and review of applications for grants under
section 2602.
``(b) Expenditure Records.--
``(1) Records.--Each State that receives a grant under this
part shall maintain such records as the Attorney General may
require to facilitate an effective audit relating to the
receipt of the grant, or the use of the grant amount.
``(2) Access.--The Attorney General and the Comptroller
General of the United States, or a designee thereof, shall have
access, for the purpose of audit and examination, to any book,
document, or record of a State that receives a grant under this
part, if, in the determination of the Attorney General,
Comptroller General, or designee thereof, the book, document,
or record is related to the receipt of the grant, or the use of
the grant amount.
``SEC. 2606. REPORTS.
``(a) Reports to Attorney General.--For each fiscal year for which
a grant is awarded under this part, each State that receives such a
grant shall submit to the Attorney General a report, at such time and
in such manner as the Attorney General may reasonably require, which
report shall include--
``(1) a summary and assessment of the program carried out
with the grant; and
``(2) such other information as the Attorney General may
require.
``(b) Reports to Congress.--Not later than 90 days after the last
day of each fiscal year for which 1 or more grants are awarded under
this part, the Attorney General shall submit to the Speaker of the
House of Representatives and the President pro tempore of the Senate, a
report, which shall include--
``(1) the aggregate amount of grants awarded under this
part for that fiscal year; and
``(2) a summary of the information provided under
subsection (a).''.
(2) Authorization of appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3753(a)) is amended by adding at the end the
following:
``(24) There are authorized to be appropriated to carry out
part Z, to remain available until expended--
``(A) $215,600,000 for fiscal year 2000;
``(B) $204,600,000 for fiscal year 2001;
``(C) $194,600,000 for fiscal year 2002;
``(D) $87,600,000 for fiscal year 2003; and
``(E) $65,600,000 for fiscal year 2004.''.
(3) Table of contents.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended by striking the table of contents. | National Forensic Sciences Improvement Act of 1999 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to: (1) include among permissible uses of drug control and system improvement (Byrne) grants improving the quality, timeliness, and credibility of forensic science services for criminal justice purposes; and (2) require State certification that it has established a forensic science laboratory or laboratory system or a medical examiner's office that meets specified requirements, with respect to any such grant for such purpose.
Amends the Act to require a State to submit to the Attorney General: (1) a certification that the State has developed a consolidated State plan that meets specified requirements and a specific description of the manner in which the grant will be used to carry out that plan; (2) a certification that any forensic science laboratory system, medical examiner's office, or coroner's office in the State that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations; and (3) a specific description of any new facility to be constructed as part of the program, estimated costs of that facility, and a certification that the grant will not be used to fund more than 40 percent of such facility's total costs.
Prohibits the use of grant funds for any general law enforcement or non-forensic investigatory function. Limits facilities and administrative costs.
Sets forth provisions regarding record-keeping (and access to records and documents) and reporting requirements. Authorizes appropriations. | National Forensic Sciences Improvement Act of 1999 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``College Debt Swap
Act of 2010''.
(b) Purpose.--The purposes of this Act are to provide additional
funds for Pell Grants, and to establish a temporary private education
loan debt consolidation program to assist eligible borrowers in
refinancing all or a portion of their private education debt as Federal
Direct Consolidation Loans.
TITLE I--CONSOLIDATION OF PRIVATE EDUCATION LOANS
SEC. 101. CONSOLIDATION OF PRIVATE EDUCATION LOANS.
Section 455(g) of the Higher Education Act of 1965 (20 U.S.C.
1087e(g)) is amended--
(1) by striking ``A borrower''; and inserting the
following:
``(1) In general.--A borrower'';
(2) by inserting ``, including any loan made under part B
and first disbursed before July 1, 2010, and any loan described
in paragraph (2),'' after ``section 428C(a)(4)'';
(3) by striking the third sentence; and
(4) by adding at the end the following new paragraph:
``(2) Consolidation of private education loans as a federal
direct consolidation loan.--
``(A) In general.--Notwithstanding any other
provision of law, a borrower who meets the eligibility
criteria described in paragraph (1) and subparagraph
(B) of this paragraph may be eligible to obtain a
Federal Direct Consolidation loan under this paragraph
that--
``(i) shall include an eligible private
education loan; and
``(ii) may include a loan described in
section 428C(a)(4).
``(B) Eligible borrower.--A borrower of an eligible
private education loan is eligible to obtain a Federal
Direct Consolidation Loan under this paragraph if the
borrower--
``(i) is not in default on a loan made,
insured, or guaranteed under this title or in
default (as such term is defined in section
435(l)) on any eligible private education loan
that the borrower is seeking to consolidate
under this paragraph, except that a borrower
who entered such default at any time during the
period beginning on December 1, 2007, through
December 31, 2009, due to an economic hardship
(as such term is defined in section 435(o)), as
determined by the Secretary, shall not be
ineligible under this clause;
``(ii) was--
``(I) at any time on or after July
1, 1994, and before July 1, 2010,
enrolled as an undergraduate, graduate,
or professional student who was
eligible to borrow a loan under section
428H or a Federal Direct Unsubsidized
Stafford Loan; or
``(II) at any time on or after July
1, 2006, and July 1, 2010, enrolled as
a graduate or professional student who
was eligible to borrow a loan under
section 428B or a Federal Direct PLUS
loan;
``(iii) borrowed at least one eligible
private education loan for a period of
enrollment described in clause (ii);
``(iv) is in--
``(I) repayment status on the
eligible private education loan that
the borrower is seeking to consolidate
under this paragraph; or
``(II) a grace period preceding
repayment on such loan;
``(v) does not have an adverse credit
history, as such term is defined by the
Secretary, by regulation, with respect to
Federal Direct PLUS loans; and
``(vi) has not previously obtained a
Federal Direct Consolidation Loan under this
paragraph.
``(C) Definition of eligible private education
loan.--For purposes of this paragraph, the term
`eligible private education loan' means a private
education loan (as such term is defined in section 140
of the Truth in Lending Act (15 U.S.C. 1650)) that was
disbursed to a borrower on or after July 1, 1994, and
before July 1, 2010.
``(D) Amount that may be consolidated.--The
aggregate maximum amount of eligible private education
loans that may be consolidated by a borrower under this
paragraph is--
``(i) for loans made to a borrower for a
period of enrollment described in subparagraph
(B)(ii)(I), an amount equal to the amount of
outstanding principal, accrued interest, and
related fees and costs (as determined by the
Secretary) owed by the borrower on eligible
private education loans, except that the
outstanding principal on the eligible private
education loans shall not exceed--
``(I) the maximum aggregate amount
of loans under section 428H, as of the
date of the enactment of the College
Debt Swap Act of 2010--
``(aa) for an undergraduate
dependent student, if the
borrower was enrolled as an
undergraduate dependent student
during the period of
enrollment;
``(bb) for an undergraduate
independent student, if the
borrower was enrolled as an
undergraduate independent
student during the period of
enrollment; or
``(cc) for a graduate or
professional student, if the
borrower was enrolled as a
graduate or professional
student during the period of
enrollment;
minus
``(II) the aggregate amount of
loans under section 428H and Federal
Direct Unsubsidized Stafford Loans
borrowed by the borrower for such
period of enrollment; plus
``(ii) for loans made to a borrower for a
period of enrollment described in subparagraph
(B)(ii)(II), an amount equal to--
``(I) the total outstanding
principal, accrued interest, and
related fees and costs (as determined
by the Secretary) owed by the borrower
on eligible private education loans;
minus
``(II) the aggregate amount of
loans under section 428B and Federal
Direct PLUS loans borrowed by the
borrower for such period of enrollment.
``(E) Interest rate.--Notwithstanding subsection
(b), a Federal Direct Consolidation loan made under
this paragraph shall bear interest at an annual rate on
the unpaid principal balance of the loan that is the
weighted average, rounded to the nearest higher one-
eighth of 1 percent, of--
``(i) for loans consolidated under this
paragraph that were made to a borrower for a
period described in subparagraph (B)(ii)(I),
the interest rate for a Federal Direct
Unsubsidized Stafford Loan for which the first
disbursement is made on the date of enactment
of the College Debt Swap Act of 2010; and
``(ii) for loans consolidated under this
paragraph that were made to a borrower for a
period described in subparagraph (B)(ii)(II),
the interest rate for a Federal Direct PLUS
loan for which the first disbursement is made
on the date of enactment of the College Debt
Swap Act of 2010.
``(F) Payment to the holder.--
``(i) Secretary.--For each eligible private
education loan that a borrower is consolidating
under this paragraph, the Secretary shall make
a payment to the holder of such loan that is
equal to the amount of such loan, in whole or
in part, based on the amount (all or a portion)
of such loan the borrower consolidated under
this paragraph.
``(ii) Holder.--Upon receipt of a payment
described in clause (i), a holder shall
discharge the liability on the loan (in whole
or in part, based on the amount of the payment)
for which such payment was made.
``(G) Outreach activities required.--
``(i) In general.--The Secretary shall
conduct outreach activities described in clause
(ii) to inform and educate students and their
families about the temporary private education
loan consolidation program under this
paragraph.
``(ii) Required components of outreach.--
The Secretary shall provide for the broad
dissemination of information on the program
under this paragraph by--
``(I) operating and maintaining an
Internet website through which
individuals may obtain information on
changes made to the program;
``(II) developing and disseminating
information to alumni of undergraduate,
graduate, and professional schools who
may be eligible for the program;
``(III) providing assistance to
institutions of higher education to
educate graduates on the availability
of the program; and
``(IV) ensuring that all outreach
efforts are developed using plain
language and are culturally- and
language-appropriate.
``(iii) Use of other entities.--In carrying
out this subparagraph, the Secretary may work
with other appropriate entities to facilitate
the dissemination of information under this
subparagraph and provide assistance as
described in this subparagraph.
``(H) Authorization and appropriation.--There are
authorized to be appropriated, and there are
appropriated, such sums as may be necessary to carry
out this paragraph. The amounts made available under
this subparagraph shall remain available until June 30,
2012.
``(I) Period of authority.--The authority to make
Federal Direct Consolidation loans under this paragraph
shall begin 30 days after the date of the enactment of
the College Debt Swap Act of 2010 and shall expire on
June 30, 2012.''.
SEC. 102. CONFORMING AMENDMENT.
Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 (20
U.S.C. 1078-3(a)(3)(B)(i)(V)) is amended--
(1) by striking ``or'' at the end of item (bb);
(2) by striking the period at the end of item (cc) and
inserting ``; or''; and
(3) by adding at the end the following:
``(dd) for the purpose of
consolidating an eligible
private education loan under
section 455(g)(2), whether such
loan is consolidated only with
other eligible private
education loans or consolidated
with loans described in
paragraph (4).''.
TITLE II--INVESTING IN STUDENTS
SEC. 201. FEDERAL PELL GRANTS.
Section 401(b)(8) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(8)) is amended by adding at the end the following:
``(G) Additional funds for fiscal years 2011 and
2012.--In addition to any amounts appropriated under
subparagraph (A) and any other amounts appropriated to
carry out this section, there are authorized to be
appropriated, and there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to
carry out subparagraph (B) of this paragraph,
$4,000,000,000 for fiscal year 2011 and 2012.''. | College Debt Swap Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow certain borrowers to consolidate their private education loans as Direct Consolidation Loans.
Limits such borrowers to those who: (1) are not in default on a loan made, insured, or guaranteed under title IV, except in certain instances of economic hardship; (2) were enrolled, between July 1, 1994, and July 1, 2010, as students eligible for unsubsidized Stafford loans or PLUS loans under the Federal Family Education Loan or Direct Loan programs; (3) borrowed at least one private education loan during such enrollment period; (4) are repaying their private education loan or are in a grace period preceding such repayment; (5) do not have an adverse credit history; and (6) have not previously obtained a Direct Consolidated Loan under title IV.
Makes the program applicable only to private education loans disbursed to borrowers between July 1, 1994, and July 1, 2010.
Directs the Secretary of Education to inform and educate students and their families about this loan consolidation program.
Terminates the authority to make Consolidation loans under such program on June 30, 2012.
Authorizes and appropriates additional funds for Pell Grant increases for FY2011-FY2012. | To provide funds for Pell Grants by amending title IV of the Higher Education Act of 1965. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Electronic and Information
Technology Accessibility Compliance Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There are approximately 145,000 Federal employees with
disabilities and these employees comprise 7.5 percent of the
Federal workforce.
(2)(A) Although section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d) requires Federal agencies to comply with
Federal guidelines to ensure that electronic and information
technology used by such agencies is accessible to individuals
with disabilities, there is no enforcement mechanism in such
Act to provide for compliance.
(B) As a result, Federal agencies have an uneven record of
offering accessible technologies to their employees with
disabilities.
(3)(A) States or other recipients of assistance under
section 102 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2212)
currently are required to comply with the guidelines
established under section 508 of the Rehabilitation Act of
1973.
(B) The authority for section 102 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 is
expected to expire in 1998, eliminating the link between the
States and the guidelines established under section 508 of the
Rehabilitation Act of 1973.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen compliance by Federal agencies with the
guidelines established under section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d); and
(2) to require States to continue to comply with such
guidelines.
SEC. 3. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE CERTIFICATION OF
COMPLIANCE WITH ELECTRONIC AND INFORMATION TECHNOLOGY
ACCESSIBILITY GUIDELINES UNDER THE REHABILITATION ACT OF
1973.
Section 508(b) of the Rehabilitation Act of 1973 (29 U.S.C 794d(b))
is amended to read as follows:
``(b) Compliance.--
``(1) In general.--Each Federal agency shall comply with
the guidelines established under this section.
``(2) Certification.--
``(A) Establishment of certification procedures.--
The Director of the Office of Management and Budget
shall establish uniform procedures under which the head
of each Federal agency shall submit to the Director a
written certification, containing such information as
the Director may reasonably require, that such agency
is in compliance with the guidelines established under
this section.
``(B) Submission of certification.--Not later than
September 30 of each year, the head of each Federal
agency shall submit to the Director of the Office of
Management and Budget a written certification in
accordance with the procedures established under
subparagraph (A).
``(C) Review of certification.--The Director of the
Office of Management and Budget--
``(i) shall review each certification
submitted by each Federal agency under
subparagraph (B); and
``(ii) shall provide notice to each such
Federal agency that such agency is either in
compliance or not in compliance with the
guidelines established under this section, as
the case may be.
``(D) Assistance for and monitoring of agencies not
in compliance.--In the case of a Federal agency that is
not in compliance with the guidelines established under
this section, the Director of the Office of Management
and Budget--
``(i) shall assist such agency in efforts
to comply with such guidelines; and
``(ii) shall monitor the progress of such
agency to comply with such guidelines.''.
SEC. 4. REQUIREMENT THAT STATES CONTINUE TO COMPLY WITH ELECTRONIC AND
INFORMATION TECHNOLOGY ACCESSIBILITY GUIDELINES UNDER
TITLE I OF THE REHABILITATION ACT OF 1973.
(a) In General.--Section 101(a) of the Rehabilitation Act of 1973
(29 U.S.C 721(a)) is amended--
(1) in paragraph (35), by striking ``and'' at the end;
(2) in paragraph (36), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(37) provide assurances that the State, or any recipient of funds
made available to the State under this title, will comply with the
guidelines established under section 508(a).''.
(b) Effective Date.--Paragraph (37) of section 101(a) of the
Rehabilitation Act of 1973, as added by subsection (a), shall take
effect 1 year after the date of enactment of this Act. | Federal Electronic and Information Technology Accessibility Compliance Act of 1997 - Amends the Rehabilitation Act of 1973 to require Federal agencies to provide certification of compliance with electronic and information technology accessibility guidelines for individuals with disabilities. Requires the Director of the Office of Management and Budget to establish uniform certification procedures.
Requires that States continue to comply with such guidelines. | Federal Electronic and Information Technology Accessibility Compliance Act of 1997 |
SECTION 1. ELIGIBLE ROLLOVER DISTRIBUTIONS.
(a) In General.--Section 8432 of title 5, United States Code, is
amended by adding at the end the following:
``(j)(1) For the purpose of this subsection--
``(A) the term `eligible rollover distribution' has the meaning
given such term by section 402(c)(4) of the Internal Revenue Code
of 1986; and
``(B) the term `qualified trust' has the meaning given such
term by section 402(c)(8) of the Internal Revenue Code of 1986.
``(2) An employee or Member may contribute to the Thrift Savings
Fund an eligible rollover that a qualified trust could accept under the
Internal Revenue Code of 1986. A contribution made under this
subsection shall be made in the form described in section 401(a)(31) of
the Internal Revenue Code of 1986. In the case of an eligible rollover
distribution, the maximum amount transferred to the Thrift Savings Fund
shall not exceed the amount which would otherwise have been included in
the employee's or Member's gross income for Federal income tax
purposes.
``(3) The Executive Director shall prescribe regulations to carry
out this subsection.''.
(b) Effective Date.--The amendment made by this section shall take
effect at the earliest practicable date after September 30, 2000, as
determined by the Executive Director in regulations.
SEC. 2. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN.
(a) Elimination of Certain Waiting Periods for Purposes of Employee
Contributions.--Paragraph (4) of section 8432(b) of title 5, United
States Code, is amended to read as follows:
``(4) The Executive Director shall prescribe such regulations as
may be necessary to carry out the following:
``(A) Notwithstanding subparagraph (A) of paragraph (2), an
employee or Member described in such subparagraph shall be afforded
a reasonable opportunity to first make an election under this
subsection beginning on the date of commencing service or, if that
is not administratively feasible, beginning on the earliest date
thereafter that such an election becomes administratively feasible,
as determined by the Executive Director.
``(B) An employee or Member described in subparagraph (B) of
paragraph (2) shall be afforded a reasonable opportunity to first
make an election under this subsection (based on the appointment or
election described in such subparagraph) beginning on the date of
commencing service pursuant to such appointment or election or, if
that is not administratively feasible, beginning on the earliest
date thereafter that such an election becomes administratively
feasible, as determined by the Executive Director.
``(C) Notwithstanding the preceding provisions of this
paragraph, contributions under paragraphs (1) and (2) of subsection
(c) shall not be payable with respect to any pay period before the
earliest pay period for which such contributions would otherwise be
allowable under this subsection if this paragraph had not been
enacted.
``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2),
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner
consistent with the purposes of subparagraphs (A) and (B), to the
extent those subparagraphs can be applied with respect thereto.
``(E) Nothing in this paragraph shall affect paragraph (3).''.
(b) Technical and Conforming Amendments.--(1) Section 8432(a) of
title 5, United States Code, is amended--
(A) in the first sentence by striking ``(b)(1)'' and inserting
``(b)''; and
(B) by amending the second sentence to read as follows:
``Contributions under this subsection pursuant to such an election
shall, with respect to each pay period for which such election
remains in effect, be made in accordance with a program of regular
contributions provided in regulations prescribed by the Executive
Director.''.
(2) Section 8432(b)(1)(B) of title 5, United States Code, is
amended by inserting ``(or any election allowable by virtue of
paragraph (4))'' after ``subparagraph (A)''.
(3) Section 8432(b)(3) of title 5, United States Code, is amended
by striking ``Notwithstanding paragraph (2)(A), an'' and inserting
``An''.
(4) Section 8439(a)(1) of title 5, United States Code, is amended
by inserting ``who makes contributions or'' after ``for each
individual'' and by striking ``section 8432(c)(1)'' and inserting
``section 8432''.
(5) Section 8439(c)(2) of title 5, United States Code, is amended
by adding at the end the following: ``Nothing in this paragraph shall
be considered to limit the dissemination of information only to the
times required under the preceding sentence.''.
(6) Sections 8440a(a)(2) and 8440d(a)(2) of title 5, United States
Code, are amended by striking all after ``subject to'' and inserting
``this chapter.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect at the earliest practicable date after September 30, 2000,
as determined by the Executive Director in regulations.
(2) Savings provision.--Notwithstanding any other provision of
this section, until the amendments made by this section take
effect, title 5, United States Code, shall be applied as if this
section had not been enacted.
SEC. 3. COURT ORDERS AFFECTING REFUNDS.
(a) Civil Service Retirement System.--Section 8342(j)(1) of title
5, United States Code, is amended to read as follows:
``(j)(1)(A) Payment of the lump-sum credit under subsection (a) may
be made only if the spouse, if any, and any former spouse of the
employee or Member are notified of the employee or Member's
application.
``(B) The Office shall prescribe regulations under which the lump-
sum credit shall not be paid without the consent of a spouse or former
spouse of the employee or Member where the Office has received such
additional information and documentation as the Office may require
that--
``(i) a court order bars payment of the lump-sum credit in
order to preserve the court's ability to award an annuity under
section 8341(h) or section 8345(j); or
``(ii) payment of the lump-sum credit would extinguish the
entitlement of the spouse or former spouse, under a court order on
file with the Office, to a survivor annuity under section 8341(h)
or to any portion of an annuity under section 8345(j).''.
(b) Federal Employees Retirement System.--Section 8424(b)(1) of
title 5, United States Code, is amended to read as follows:
``(b)(1)(A) Payment of the lump-sum credit under subsection (a) may
be made only if the spouse, if any, and any former spouse of the
employee or Member are notified of the employee or Member's
application.
``(B) The Office shall prescribe regulations under which the lump-
sum credit shall not be paid without the consent of a spouse or former
spouse of the employee or Member where the Office has received such
additional information or documentation as the Office may require
that--
``(i) a court order bars payment of the lump-sum credit in
order to preserve the court's ability to award an annuity under
section 8445 or 8467; or
``(ii) payment of the lump-sum credit would extinguish the
entitlement of the spouse or former spouse, under a court order on
file with the Office, to a survivor annuity under section 8445 or
to any portion of an annuity under section 8467.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Office of Personnel Management (OPM) to prescribe regulations under which a lump-sum credit for an employee's or Member's retirement contributions shall not be paid without the consent of the employee's or Member's spouse and former spouse where OPM has received information or documentation that a court order bars payment of the credit in order to preserve the court's ability to award a survivor or former spouse's annuity, or that payment of the credit would extinguish the spouse's or former spouse's entitlement, under a court order on file, to such an annuity. | To amend title 5, United States Code, to allow for the contribution of certain rollover distributions to accounts in the Thrift Savings Plan, to eliminate certain waiting-period requirements for participating in the Thrift Savings Plan, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Fishing Jobs Act of 2011''.
SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and
all that follows through ``this subparagraph.''.
(b) Initiation by Eligible Fishermen Under Certain Councils.--
Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as
follows:
``(D) New england, mid-atlantic, south atlantic,
and gulf initiation.--
``(i) In general.--In the case of a fishery
under the authority of the New England, Mid-
Atlantic, South Atlantic, or Gulf of Mexico
Fishery Management Council, a fishery
management plan or an amendment to a fishery
management plan that would establish a limited
access privilege program to harvest fish may
not take effect unless--
``(I) a petition requesting
development of such program is
submitted in accordance with clause
(ii) and certified under clause (iii);
``(II) the appropriate Council
makes available to eligible fishermen
an estimate of the amount of the fee
that would be collected under section
304(d)(2) if such program were
established; and
``(III) not earlier than 90 days
after the estimate required under
subclause (II) has been made available,
the proposed plan or amendment is
approved by a vote of two-thirds of
eligible fishermen in the fishery for
which the program would be established.
``(ii) Petition.--A group of fishermen
constituting more than 50 percent of eligible
fishermen in a fishery may submit a petition to
the Secretary requesting the development of a
limited access privilege program for the
fishery. Any such petition shall clearly state
the fishery to which the limited access
privilege program would apply.
``(iii) Certification by secretary.--Upon
the receipt of any such petition, the Secretary
shall review all of the signatures on the
petition and, if the Secretary determines that
the signatures on the petition are those of
more than 50 percent of eligible fishermen in
the fishery for which the program would be
established, the Secretary shall certify the
petition.
``(iv) Definition of eligible fishermen.--
For purposes of this subparagraph, the term
`eligible fishermen' means holders of permits
issued under a fishery management plan.''.
SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
Section 303A of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a) is amended by adding at the end the
following:
``(j) Termination.--
``(1) Programs in effect prior to 2012.--For any limited
access privilege program for a fishery under the authority of
the New England, Mid-Atlantic, South Atlantic, or Gulf of
Mexico Fishery Management Council that was in effect on the
date of enactment of the Saving Fishing Jobs Act of 2011, not
later than 30 days after such date, the Secretary shall
determine if the number of eligible fishermen in the fishery on
such date is at least 15 percent less than the number of
eligible fishermen in the fishery in the year preceding the
year in which the program was established.
``(2) Other programs.--For any limited access privilege
program for a fishery under the authority of the New England,
Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery
Management Council established after the date of the enactment
of the Saving Fishing Jobs Act of 2011, 1 year after the date
such program is established, the Secretary shall determine if
the number of eligible fishermen in the fishery on the date
that is 1 year after the date the program is established is at
least 15 percent less than the number of eligible fishermen in
the fishery in the year preceding the year in which the program
was established.
``(3) Termination.--If the Secretary determines under
paragraph (1) or (2) that the number of eligible fishermen in a
fishery is at least 15 percent less than the number of eligible
fishermen previously in the fishery--
``(A) the appropriate limited access privilege
program shall terminate on the date that is 1 year
after the date the Secretary made the determination;
and
``(B) during the 1-year period referred to in
subparagraph (A), the appropriate Council shall develop
an alternative Fishery Management Plan for the fishery
that shall be effective on the date of the termination
of the program under subparagraph (A).
``(4) Definition of eligible fishermen.--In this
subsection, the term `eligible fishermen' has the meaning given
the term in subsection (c)(6)(D)(iv).''.
SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.
Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end
the following:
``(D) In the case of a fee collected under this paragraph
for a limited access privilege program established under
section 303A(c)(6)(D) after the date of the enactment of the
Saving Fishing Jobs Act of 2011--
``(i) the fee shall be in an amount sufficient to
recover all costs of such program, including observer
costs; and
``(ii) the 3 percent limitation in subparagraph (B)
shall not apply with respect to such fee.''. | Saving Fishing Jobs Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act, with respect to multispecies fishing permits in the Gulf of Mexico, to remove a provision limiting the eligible signers (fishermen constituting more than 50% of the permit holders, or holding more than 50% of the allocation in the fishery) of a petition to the Secretary of Commerce requesting that the appropriate Regional Fishery Management Council or Councils be authorized to initiate the development of a limited access privilege program to only those participants who have substantially fished the species proposed to be included in the program.
Sets forth procedures for the Secretary to: (1) certify a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council; (2) terminate such a program in effect on or established after enactment of this Act for a fishery under the authority of such Councils when, within specified periods, the number of eligible fishermen is at least 15% less than the number of such fishermen previously in the fishery; and (3) collect fees, including observer costs, pursuant to modified fee-setting requirements for such programs.
Directs the appropriate Council, within a one-year period, to develop an alternative fishery management plan for any such terminated program. | A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to permit eligible fishermen to approve certain limited access privilege programs, and for other purposes. |
Section 1. This Act may be cited as the ``Immigration Reform
Transition Act of 1997''.
Sec. 2. (a) Section 240A, subsection (e), of the Immigration and
Nationality Act is amended--
(1) in the first sentence, by striking ``this section'' and
inserting in lieu thereof ``section 240A(b)(1)'';
(2) by striking ``, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996),''; and
(3) by striking the last sentence in the subsection and
inserting in lieu thereof ``The previous sentence shall apply
only to removal cases commenced on or after April 1, 1997,
including cases where the Attorney General exercises authority
pursuant to paragraphs (2) or (3) of section 309(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208, Division C, 110 Stat. 3009).''.
(b) Section 309, subsection (c), of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208, Division
C, 110 Stat. 3009) is amended by striking paragraphs (5) and (7).
(c) Section 240A of the Immigration and Nationality Act is
amended--
(1) in subsection (b), paragraph (3), by striking ``(1) or
(2)'' in the first and third sentences of that paragraph and
inserting in lieu thereof ``(1), (2), or (3)'';
(2) in subsection (b), by redesignating paragraph (3) as
paragraph (4);
(3) in subsection (d), paragraph (1), by striking ``this
section.'' and inserting in lieu thereof ``subsections (a),
(b)(1), and (b)(2).'';
(4) in subsection (b), by adding after paragraph (2) the
following new paragraph--
``(3) Special rule for certain aliens covered by the
settlement agreement in american baptist churches et al. v.
thornburgh (abc), 760 f. supp. 796 (n.d. cal. 1991).--
``(A) The Attorney General may, in his or her
discretion, cancel removal and adjust the status from
such cancellation in the case of an alien who is
removable from the United States if the alien
demonstrates that--
``(i) the alien has not been convicted at
any time of an aggravated felony, and
``(I) was not apprehended after
December 19, 1990, at the time of
entry, and is either--
``(aa) a Salvadoran
national who first entered the
United States on or before
September 19, 1990, who
registered for benefits
pursuant to the ABC settlement
agreement on or before October
31, 1991, or applied for
Temporary Protected Status on
or before October 31, 1991; or
``(bb) a Guatemalan
national who first entered the
United States on or before
October 1, 1990, and who
registered for benefits
pursuant to the ABC settlement
agreement by December 31, 1991;
or
``(cc) the spouse or
unmarried son or daughter of an
alien described in (aa) who
entered the United States on or
before September 19, 1990, or
the spouse or unmarried son or
daughter of an alien described
in (bb) who entered the United
States on or before October 1,
1990; or
``(II) is a Nicaraguan, Guatemalan,
or Salvadoran who filed an application
for asylum with the Immigration and
Naturalization Service before April 1,
1990, and the Immigration and
Naturalization Service had not granted,
denied, or referred that application as
of April 1, 1997; and
``(ii) the alien is not described in
paragraph (4) of section 237(a) or paragraph
(3) of section 212(a) of the Act; and
``(iii) the alien--
``(I) is removable under any law of
the United States except the provisions
specified in subclause (II) of this
clause, has been physically present in
the United States for a continuous
period of not less than seven years
immediately preceding the date of such
application, and proves that during all
of such period he was and is a person
of good moral character, and is a
person whose removal would, in the
opinion of the Attorney General, result
in extreme hardship to the alien or to
his spouse, parent, or child, who is a
citizen of the United States or an
alien lawfully admitted for permanent
residence; or
``(II) is removable under paragraph
(2) (other than section
237(a)(2)(A)(iii)) of section 237(a),
paragraph (3) of section 237(a), or
paragraph (2) of section 212(a), has
been physically present in the United
States for a continuous period of not
less than 10 years immediately
following the commission of an act, or
the assumption of a status,
constituting a ground for deportation,
and proves that during all of such
period he has been and is a person of
good moral character, and is a person
whose removal would, in the opinion of
the Attorney General, result in
exceptional and extremely unusual
hardship to the alien or to his spouse,
parent or child, who is a citizen of
the United States, or an alien lawfully
admitted for permanent residence.
``(B) Subsection (d) of this section shall not
apply to determinations under this paragraph, and an
alien shall not be considered to have failed to
maintain continuous physical presence in the United
States under clause (A)(iii) of this paragraph if the
alien demonstrates that the absence from the United
States was brief, casual, and innocent, and did not
meaningfully interrupt the continuous physical
presence.
``(C) The determination by the Attorney General
whether an alien meets the requirements of subparagraph
(A) or (B) of this paragraph is final and shall not be
subject to review by any court. Nothing in the
preceding sentence shall be construed as limiting the
application of subparagraph (B) of section 242(a)(2) to
other eligibility determinations pertaining to
discretionary relief under this Act.''.
(d) The amendments made by this section shall be effective as if
included in Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208, Division C, 110 Stat. 3009).
Sec. 3. Any alien who has become eligible for suspension of
deportation or cancellation of removal as a result of the amendments
made by section 2, may, notwithstanding any other limitations on
motions to reopen imposed by the Immigration and Nationality Act or by
regulation, file one motion to reopen to apply for suspension of
deportation or cancellation of removal. The Attorney General shall
designate a specific time period in which all such motions to reopen
must be filed. The period must begin no later than 120 days after the
date of enactment of this Act and shall extend for a period of 180
days. | Immigration Reform Transition Act of 1997 - Amends the Immigration and Nationality Act (and the Illegal Immigration and Immigrant Responsibility Act of 1996) to authorize the Attorney General to cancel the removal and adjust the status of certain Central American aliens. | Immigration Reform Transition Act of 1997 |
.
(a) Findings.--The Congress hereby makes the following findings:
(1) Congress has authorized 18 commemorative coin programs in
the 9 years since 1984.
(2) There are more meritorious causes, events, and people worthy
of commemoration than can be honored with commemorative coinage.
(3) Commemorative coin legislation has increased at a pace
beyond that which the numismatic community can reasonably be
expected to absorb.
(4) It is in the interests of all Members of Congress that a
policy be established to control the flow of commemorative coin
legislation.
(b) Declaration.--It is the sense of the Congress that the Committee
on Banking, Finance and Urban Affairs of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the Senate
should not report or otherwise clear for consideration by the House of
Representatives or the Senate legislation providing for more than 2
commemorative coin programs for any year, unless the committee
determines, on the basis of a recommendation by the Citizens
Commemorative Coin Advisory Committee, that extraordinary merit exists
for an additional commemorative coin program.
SEC. 302. REPORTS BY RECIPIENTS OF COMMEMORATIVE COIN SURCHARGES.
(a) Quarterly Financial Report.--
(1) In general.--Each person who receives, after the date of the
enactment of this Act, any surcharge derived from the sale of
commemorative coins under any Act of Congress shall submit a
quarterly financial report to the Director of the United States Mint
and the Comptroller General of the United States describing in
detail the expenditures made by such person from the proceeds of the
surcharge.
(2) Information to be included.--The report under paragraph (1)
shall include information on the proportion of the surcharges
received during the period covered by the report to the total
revenue of such person during such period, expressed as a
percentage, and the percentage of total revenue during such period
which was spent on administrative expenses (including salaries,
travel, overhead, and fund raising).
(3) Due dates.--Quarterly reports under this subsection shall be
due at the end of the 30-day period beginning on the last day of any
calendar quarter during which any surcharge derived from the sale of
commemorative coins is received by any person.
(b) Final Report.--Each person who receives, after the date of the
enactment of this Act, any surcharge derived from the sale of
commemorative coins under any Act of Congress shall submit a final
report on the expenditures made by such person from the proceeds of all
surcharges received by such person, including information described in
subsection (a)(2), before the end of the 1-year period beginning on the
last day on which sales of such coins may be made.
SEC. 303. GAO REPORTS TO CONGRESS.
Before the end of the 1-year period beginning on the last day on
which sales of commemorative coins may be made under the Act of Congress
which authorized such coins, the Comptroller General of the United
States shall submit a financial accounting statement to the Congress on
the payment of any surcharges derived from the sale of such coins and
the use and expenditure of the proceeds of such surcharges by any
recipient (other than a recipient which is an agency or department of
the Federal Government) based on the reports filed by such recipient
with the Comptroller General in accordance with section 302 and any
audit of such recipient which is conducted by the Comptroller General
with respect to the use and expenditure of such proceeds.
TITLE IV--BICENTENNIAL OF THE UNITED STATES CAPITOL COMMEMORATIVE COIN
ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Bicentennial of the United States
Capitol Commemorative Coin Act''.
SEC. 402. SPECIFICATIONS OF COINS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereinafter in
this title referred to as the ``Secretary'') shall mint and issue
not more than 500,000 one-dollar coins each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent copper.
(2) Design.--The design of the one-dollar coins shall, in
accordance with section 404, be emblematic of the bicentennial of
the United States Capitol. Each one-dollar coin shall bear a
designation of the value of the coin, an inscription of the year
``1994'', and inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins minted under this title shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 403. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this title
only from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 404. DESIGN OF COINS.
The design for the coin authorized by this title shall be selected
by the Secretary after consultation with the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the
Commission of Fine Arts.
SEC. 405. ISSUANCE OF COINS.
(a) One-Dollar Coins.--The one-dollar coins minted under this title
may be issued in uncirculated and proof qualities, except that not more
than 1 facility of the United States Mint may be used to strike any
particular quality.
(b) Commencement of Issuance.--The Secretary may issue the coins
minted under this title beginning May 1, 1994.
(c) Termination of Authority.--Coins may not be minted under this
title after April 30, 1995.
(d) Contracts.--Any contract to be made by the Secretary involving
the promotion, advertising, or marketing of any coins authorized under
this title shall be valid only upon approval by the United States
Capitol Preservation Commission.
SEC. 406. SALE OF COINS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this title at a price equal
to the face value, plus the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, and overhead
expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this title at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this title prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a reasonable
discount.
(d) Surcharges.--All sales of coins minted under this title shall
include a surcharge of $15 per coin.
SEC. 407. 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 title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
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. 408. USE OF SURCHARGES.
(a) Use of Surcharges.--All surcharges that are received by the
Secretary from the sale of coins minted under this title shall be
deposited in the Capitol Preservation Fund and be available to the
United States Capitol Preservation Commission.
(b) Technical Amendment.--Section 8(b)(1) of Public Law 100-673 is
amended to read as follows:
``(2) Limitations on reimbursements.--No amount received by the
Commission from the Capitol Preservation Fund from the sale of coins
minted under this Act may be used to pay representational expenses
of the Commission.''.
SEC. 409. 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 title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Thomas Jefferson Commemorative Coin
Title II: U.S. Veterans Commemorative Coins
Title III: Reform of Commemorative Coin Programs
Title IV: Bicentennial of the United States Capitol
Commemorative Coin Act
Title I: Thomas Jefferson Commemorative Coin
- Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) issue one-dollar coins emblematic of Thomas Jefferson and his home, Monticello; and (2) pay surcharges from coin sales to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest.
Title II: U.S. Veterans Commemorative Coins
- United States Veterans Commemorative Coin Act of 1993 - Directs the Secretary to issue the following three types of one-dollar commemorative coins: (1) emblematic of the experience of Americans who have been prisoners of war; (2) emblematic of the Vietnam Veterans Memorial; and (3) symbolic of women's service in the armed forces.
Requires the Secretary to pay specified amounts of surcharges received from coin sales to: (1) the Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) an endowment fund to be established by this Act for the maintenance of the Museum; (3) the Secretary of Veterans Affairs to maintain national cemeteries; (4) the Vietnam Veterans Memorial Fund to help raise an endowment for the Memorial's maintenance and for the addition of names; and (5) the Women in Military Service for America Memorial Foundation, Inc., to create, endow, and dedicate the Women in Military Service for America Memorial.
Title III: Reform of Commemorative Coin Programs
- Declares that specified congressional committees should not report or otherwise clear legislation for consideration by the House of Representatives or the Senate that provides more than two commemorative coin programs for any year, unless the committees determine, on the basis of a recommendation by the Citizens Commemorative Coin Advisory Committee, that extraordinary merit exists for an additional commemorative coin program.
Requires: (1) recipients of commemorative coin surcharges to file quarterly and final expenditure reports with the Director of the United States Mint and the Comptroller General; and (2) the Comptroller General to report to the Congress on the payment and expenditure of any surcharges based on such reports.
Title IV: Bicentennial of the United States Capitol Commemorative Coin Act
- Bicentennial of the United States Capitol Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar coins emblematic of the bicentennial of the United States Capitol; and (2) deposit surcharges from coin sales into the Capitol Preservation Fund to be available to the United States Capitol Preservation Commission. | To require the Secretary of the Treasury to mint coins in commemoration of the 250th anniversary of the birth of Thomas Jefferson, Americans who have been prisoners of war, the Vietnam Veterans Memorial on the occasion of the 10th anniversary of the Memorial, and the Women in Military Service for America Memorial, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Economic Conversion and
Environmental Restoration Act of 1993''.
SEC. 2. AUTHORIZATION.
(a) In General.--The Secretary of Labor shall, from amounts
appropriated pursuant to section 9(a), provide demonstration grants to
institutions of higher education for the purpose of providing education
and training in environmental restoration to dislocated defense workers
and young adults.
(b) Period of Grants.--A grant received under subsection (a) may
extend for a period of not more than 3 fiscal years. The payments under
such grant shall be subject to annual approval by the Secretary and
subject to the availability of appropriations for each fiscal year.
SEC. 3. APPLICATION.
(a) In General.--The Secretary may provide a grant to an
institution of higher education under section 2(a) only if such
institution submits to the Secretary an application which contains such
information as the Secretary may reasonably require.
(b) Assurances.--Such application shall include assurances that the
institution of higher education will use Federal funds received from a
grant under section 2(a) to supplement and not supplant non-Federal
funds that would otherwise be available for activities funded under
such section.
SEC. 4. USE OF FUNDS.
(a) Establishment of Program.--
(1) In general.--An institution of higher education shall
use amounts received from a grant under section 2(a) to
establish a consortium consisting of the institution and the
entities described in paragraph (2) for the purpose of
establishing a program to provide education and training in
environmental restoration to the eligible individuals described
in subsection (b).
(2) Entities described.--The entities described in this
paragraph are 1 or more of each of the following:
(A) Representatives of appropriate State and local
agencies.
(B) Private industry councils (described in section
102 of the Job Training Partnership Act (29 U.S.C.
1512)).
(C) Community-based organizations.
(D) Businesses.
(E) Labor organizations.
(F) Other appropriate educational institutions.
(b) Eligible Individuals.--
(1) Dislocated defense workers.--An individual who has been
terminated or laid off from employment, or has received notice
of termination or lay off, as a consequence of reductions in
expenditures by the United States for defense or by closures of
United States military facilities, as determined in accordance
with regulations developed by the Secretary, shall be eligible
for education and training in environmental restoration under
this section.
(2) Young adults.--An individual who has attained the age
of 16 but not the age of 25 shall be eligible for education and
training in environmental restoration under this section.
(c) Conduct of Program.--In conducting the program established
under subsection (a)(1), the consortium shall meet the following
requirements:
(1) Provision of education and training in environmental
restoration.--
(A) In general.--The consortium shall establish and
provide a work-based learning system consisting of
education and training in environmental restoration,
which may include basic educational courses, on-site
basic skills training, and mentor assistance to
eligible individuals described in subsection (b), which
may lead to the awarding of a certificate of completion
or advanced degree at the institution of higher
education.
(B) Use of closed military installation.--To the
extent practicable, the consortium shall utilize a
military installation closed or selected to be closed
under a base closure law in providing on-site basic
skills training to eligible individuals described in
subsection (b).
(2) Outreach and recruitment.--The consortium shall
undertake outreach and recruitment efforts to encourage
participation by eligible individuals in the program
established under subsection (a)(1).
(3) Selection of eligible individuals.--The consortium
shall--
(A) to the extent practicable, select eligible
individuals described in each of paragraphs (1) and (2)
of subsection (b) for the program established under
subsection (a)(1); and
(B) give priority in the selection of young adults
described in subsection (b)(2) to those young adults
who--
(i) have not attended and do not plan to
attend a postsecondary educational institution;
or
(ii) have, or are members of families who
have, received a total family income that, in
relation to family size, is not in excess of
the higher of--
(I) the official poverty line (as
defined by the Office of Management and
Budget, and revised annually in
accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 9902(2)); or
(II) 70 percent of the lower living
standard income level.
(4) Instructors.--The consortium shall, to the extent
practicable, select instructors for the program established
under subsection (a)(1) from institutions of higher education,
appropriate community programs, and industry and labor.
(5) Job placement services.--The consortium shall provide
job placement services to each eligible individual who receives
a certificate of completion or advanced degree under paragraph
(1)(A).
(6) Coordination.--To the extent practicable, the
consortium shall consult with appropriate Federal, State, and
local agencies carrying out environmental restoration programs
for the purpose of achieving coordination between such programs
and the program established by the consortium under subsection
(a)(1).
SEC. 5. SELECTION.
(a) In General.--To the extent practicable, the Secretary shall
provide grants to institutions of higher education under section 2(a)
in a manner which will equitably distribute such grants among the
various regions of the United States.
(b) Priority.--In providing grants to institutions of higher
education under section 2(a), the Secretary shall give priority to
institutions of higher education located in urban areas.
SEC. 6. ALLOCATION.
The Secretary shall provide grants under section 2(a) in a fiscal
year to each institution of higher education in an amount totaling not
more than \1/3\ of amounts appropriated pursuant to section 9(a) for
that fiscal year.
SEC. 7. REPORTS.
(a) Reports to Secretary.--The Secretary may provide a grant to an
institution of higher education under section 2(a) only if such
institution agrees to submit to the Secretary, in each fiscal year in
which the Secretary makes payments under such grant to such
institution, a report containing--
(1) a description and evaluation of the program established
by such consortium under section 4(a)(1); and
(2) any other information as the Secretary may reasonably
require.
(b) Reports to Congress.--
(1) Interim report.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall submit
to the President and the Congress an interim report
containing--
(A) a compilation of the information contained in
the reports received by the Secretary from each
institution of higher education under subsection (a);
and
(B) an evaluation of the effectiveness of the
demonstration grants authorized under section 2(a).
(2) Final report.--Not later than January 1, 1997, the
Secretary shall submit to the President and the Congress a
final report containing--
(A) a compilation of the information described in
paragraph (1)(A); and
(B) a final evaluation of the effectiveness of the
demonstration grants authorized under section 2(a),
including a recommendation as to the feasibility of
reauthorizing such grants.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Base closure law.--The term ``base closure law'' means
the following:
(A) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 104
Stat. 1808; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 102 Stat. 2627; 10 U.S.C. 2687 note).
(C) Section 2687 of title 10, United States Code.
(D) Any other similar law enacted after the date of
the enactment of this Act.
(2) Environmental restoration.--The term ``environmental
restoration'' means actions taken consistent with a permanent
remedy to prevent or minimize the release of hazardous
substances into the environment so that such substances do not
migrate to cause substantial danger to present or future public
health or welfare or the environment.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) Urban area.--The term ``urban area'' means--
(A) a metropolitan statistical area having a
population of not less than 500,000 individuals; or
(B) a State which does not contain a standard
metropolitan statistical area but has a population of
not less than 500,000 individuals.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$20,000,000 for each of the fiscal years 1994 through 1996 to carry out
this Act.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) shall remain available until expended. | National Economic Conversion and Environmental Restoration Act of 1993 - Authorizes the Secretary of Labor to make demonstration grants to institutions of higher education to provide education and training in environmental restoration to dislocated defense workers and young adults.
Sets forth consortium, application, reporting, and other program requirements.
Authorizes appropriations. | National Economic Conversion and Environmental Restoration Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparent Recognition of
Unjustified Tax Hoarding in Government Act of 2016'' or as the ``TRUTH
in Government Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) At the onset of the Civil War, Congress passed the
Revenue Act of 1861, which imposed a tax on personal incomes
and to assure timely collection, taxes were ``withheld at the
source'' by employers.
(2) The need for Federal revenue declined sharply after the
war and in 1872, the income tax was abolished and along with
it, the Federal withholding mandate.
(3) With passage of the 16th amendment to the Constitution,
Congress swiftly passed legislation creating a Federal income
tax, withheld before employee salaries were paid.
(4) In response to growing taxpayer criticism of the
withholding mandate, Treasury Secretary William G. McAdoo
stated that ``it would be very advantageous to . . . do away
with the withholding of income tax at the source'' because it
would ``eliminate a great deal of criticism which has been
directed against the law''; a statement reflecting the
sentiment which ultimately led to the repeal of Federal
withholding authority in 1917.
(5) In the 1920s and 1930s, income taxes were due on March
15 following the end of the tax year and could be paid either
in one lump sum on that date or in quarterly installments.
(6) With the onset of World War II, fearing that taxpayers
might refuse to pay the higher tax rates and surcharges
associated with funding the war effort, Federal officials,
lawmakers, and political leaders such as President Franklin D.
Roosevelt used the military crisis to draw on Americans' sense
of patriotism and resurrect the Federal withholding authority
as a ``temporary wartime measure''.
(7) The campaign to reinstitute a permanent system of
withholding overcame public hostility with the passage of the
Withholding Tax Act of 1943 which incorporated suggestions
proffered by Beardsley Ruml to eliminate individuals' 1942 tax
liabilities by counting amounts paid or withheld in 1943 as tax
payments for that year.
(8) Since that time, Congress has stubbornly refused to
repeal the Federal withholding mandate contained in the
Withholding Tax Act.
(9) In fiscal year 2014, the Internal Revenue Service
refunded overpayments amounting to over $330,561,145,000 more
than actual individual income tax liabilities, effectively
denying interest payments otherwise owed to taxpayers and
amounting to a hidden tax.
(10) These overpayments are returned annually in the form
of tax refunds to taxpayers who often confuse the payments as a
reward.
(11) According to the Tax Foundation, in 2010, there were
58,416,118 tax returns with zero or negative income tax
liability, or 41 percent of the 142,892,051 returns filed.
(12) The absence of the Federal withholding mandate leaves
employers and employees free to negotiate alternative, private
means of collecting and paying Federal income taxes, thereby
allowing individuals to voluntarily earn interest on their
withhholdings.
(13) The Federal withholding mandate allows the Federal
Government to disguise tax increases and hampers Federal
accountability and transparency by requiring the assistance of
an intermediary tax collector.
(14) Complying with the Federal withholding mandate imposes
costly burdens and legal liabilities on employers forced to act
as de facto IRS agents, without compensation for lost time and
resources.
(15) Referring to the Federal withholding mandate in his
work Public Finance in Democratic Process: Fiscal Institutions
and Individual Choice, 1986 Nobel Prize winning economist James
Buchanan stated that ``The individual who does not have
possession of income before paying it out cannot'' sense ``the
real cost of public services in a manner comparable to that
experienced in a genuine act of outpayment''.
(16) In a CATO Institute study, Charlotte Twight has noted
that ``[W]ithholding is the paramount administrative mechanism
enabling the Federal Government to collect, without significant
protest, sufficient private resources to fund a vastly expanded
welfare state.''
(17) The National Taxpayers Union notes that the
incremental nature of withholding masks the true cost of
Federal income taxes, which would be much more apparent if
individuals had to write monthly, quarterly, or annual checks
to the Federal Government.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to increase transparency and accountability in the
Federal tax system by providing the public with a more accurate
account of--
(A) the annual tax burden; and
(B) the Federal budget deficit;
(2) to decrease the overall tax burden and increase the
personal wealth of taxpayers by allowing for the personal
collection of interest during the fiscal year on overpayments
that are otherwise used by the Federal Government to partly
avoid interest payments;
(3) to decrease the burden on employers by freeing them
from the task of collecting income tax withholding from their
employees; and
(4) to end the deceptive practice of masking higher tax
rates from taxpayers.
SEC. 4. REPEAL OF FEDERAL INCOME AND SOCIAL SECURITY TAX WITHHOLDING
MANDATE.
(a) In General.--The following provisions of the Internal Revenue
Code of 1986 are hereby repealed:
(1) Section 3102 (relating to deduction of social security
tax from wages).
(2) Section 3202 (relating to deduction of railroad
retirement tax from compensation).
(3) Chapter 24 (relating to income tax withholding).
(b) Requirement of Estimated Tax Payments for Employee Social
Security Taxes.--Subsection (f) of section 6654 of such Code is amended
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
respectively, and by inserting after paragraph (2) the following new
paragraph:
``(3) the taxes imposed by section 3101(a) and 3201(a),
plus''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid on or after the first January 1 occurring after 1
year after the date of the enactment of this Act.
SEC. 5. CONTINUED VOLUNTARY TAX WITHHOLDING.
(a) Authority of the IRS.--Nothing in this Act may be construed to
limit the authority of the Internal Revenue Service to accept voluntary
tax payments from employers electing to continue collecting Federal
income taxes from employees.
(b) Voluntary Employer Participation.--Nothing in this Act shall be
construed to prevent voluntary employer sponsored withholding of
Federal income taxes on behalf of employees.
(c) Voluntary Employee Participation.--Nothing in this Act shall be
construed--
(1) to require any employee to participate in an employer
Federal income tax withholding system; or
(2) to prevent any election of an employee to opt in to an
employer Federal income tax withholding system, with all terms
and conditions for participation being negotiable between the
employee and employer. | Transparent Recognition of Unjustified Tax Hoarding in Government Act of 2016 or the TRUTH in Government Act of 2016 This bill repeals provisions of the Internal Revenue Code requiring the withholding of income, Social Security, and railroad retirement taxes from wages. | TRUTH in Government Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program Assessment and Results
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inefficiency and ineffectiveness in Federal programs
undermines the confidence of the American people in the
Government and reduces the Federal Government's ability to
adequately address vital public needs;
(2) insufficient information on program performance
seriously disadvantages Federal managers in their efforts to
improve program efficiency and effectiveness;
(3) congressional policy making, spending decisions, and
program oversight are handicapped by insufficient attention to
program performance and results;
(4) programs performing similar or duplicative functions
that exist within a single agency or across multiple agencies
should be identified and their performance and results shared
among all such programs to improve their performance and
results;
(5) advocates of good government continue to seek ways to
improve accountability, focus on results, and integrate the
performance of programs with decisions about budgets;
(6) with the passage of the Government Performance and
Results Act of 1993, the Congress directed the executive branch
to seek improvements in the effectiveness, efficiency, and
accountability of Federal programs by having agencies focus on
program results; and
(7) the Government Performance and Results Act of 1993
provided a strong framework for the executive branch to monitor
the long-term goals and annual performance of its departments
and agencies.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to improve the Government Performance and Results Act
of 1993 by implementing a program assessment and evaluation
process that attempts to determine the strengths and weaknesses
of Federal programs with a particular focus on the results
produced by individual programs;
(2) to use the information gathered in the assessment and
evaluation process to build on the groundwork laid in the
Government Performance and Results Act of 1993 to help the
executive branch make informed management decisions and
evidence-based funding requests aimed at achieving positive
results; and
(3) to provide congressional policy makers the information
needed to conduct more effective oversight, to make better-
informed authorization decisions, and to make more evidence-
based spending decisions that achieve positive results for the
American people.
SEC. 4. PROGRAM ASSESSMENT.
(a) Requirement for Program Assessments.--Chapter 11 of title 31,
United States Code, as amended by the Government Performance and
Results Act of 1993, is amended by adding at the end the following new
section:
``Sec. 1120. Program assessment
``(a) Assessment.--The Director of the Office of Management and
Budget to the maximum extent practicable shall conduct, jointly with
agencies of the Federal Government, an assessment of each program at
least once every 5 fiscal years.
``(b) Assessment Requirements.--In conducting an assessment of a
program under subsection (a), the Director of the Office of Management
and Budget and the head of the relevant agency shall--
``(1) coordinate to determine the programs to be assessed;
and
``(2) evaluate the purpose, design, strategic plan,
management, and results of the program, and such other matters
as the Director considers appropriate.
``(c) Criteria for Identifying Programs to Assess.--The Director of
the Office of Management and Budget shall develop criteria for
identifying programs to be assessed each fiscal year. In developing the
criteria, the Director shall take into account the advantages of
assessing during the same fiscal year any programs that are performing
similar functions, have similar purposes, or share common goals, such
as those contained in strategic plans under section 306 of title 5. To
the maximum extent possible, the Director shall assess a representative
sample of Federal spending each fiscal year.
``(d) Criteria for More Frequent Assessments.--The Director of the
Office of Management and Budget shall make every effort to assess
programs more frequently than required under subsection (a) in cases in
which programs are determined to be of higher priority, special
circumstances exist, improvements have been made, or the head of the
relevant agency and the Director determine that more frequent
assessment is warranted.
``(e) Publication.--At least 90 days before completing the
assessments under this section to be conducted during a fiscal year,
the Director of the Office of Management and Budget shall--
``(1) make available in electronic form through the Office
of Management and Budget website or any successor website, and
provide to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate--
``(A) a list of the programs to be assessed during
that fiscal year; and
``(B) the criteria that will be used to assess the
programs; and
``(2) provide a mechanism for interested persons to comment
on the programs being assessed and the criteria that will be
used to assess the programs.
``(f) Report.--(1) The results of the assessments conducted during
a fiscal year shall be submitted in a report to Congress at the same
time that the President submits the next budget under section 1105 of
this title after the end of that fiscal year.
``(2) The report shall--
``(A) include the performance goals for each program
assessment;
``(B) specify the criteria used for each assessment;
``(C) describe the results of each assessment, including
any significant limitation in the assessments;
``(D) describe significant modifications to the Federal
Government performance plan required under section 1105(a)(28)
of this title made as a result of the assessments; and
``(E) be available in electronic form through the Office of
Management and Budget website or any successor website.
``(g) Classified Information.--(1) With respect to program
assessments conducted during a fiscal year that contain classified
information, the President shall submit on the same date as the report
is submitted under subsection (f)--
``(A) a copy of each such assessment (including the
classified information), to the appropriate committees of
jurisdiction of the House of Representatives and the Senate;
and
``(B) consistent with statutory law governing the
disclosure of classified information, an appendix containing a
list of each such assessment and the committees to which a copy
of the assessment was submitted under subparagraph (A), to the
Committee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate.
``(2) Upon request from the Committee on Government Reform of the
House of Representatives or the Committee on Governmental Affairs of
the Senate, the Director of the Office of Management and Budget shall,
consistent with statutory law governing the disclosure of classified
information, provide to the Committee a copy of--
``(A) any assessment described in subparagraph (A) of
paragraph (1) (including any assessment not listed in any
appendix submitted under subparagraph (B) of such paragraph);
and
``(B) any appendix described in subparagraph (B) of
paragraph (1).
``(3) In this subsection, the term `classified information' refers
to matters described in section 552(b)(1)(A) of title 5.
``(h) Inherently Governmental Functions.--The functions and
activities authorized or required by this section shall be considered
inherently Governmental functions and shall be performed only by
Federal employees.
``(i) Termination.--This section shall not be in effect after
September 30, 2013.''.
(b) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe guidance to implement the requirements of
section 1120 of title 31, United States Code, as added by subsection
(a), including guidance on a definition of the term ``program''.
(c) Conforming and Clerical Amendments.--
(1) Section 1115(g) of title 31, United States Code, is
amended by striking ``1119'' and inserting ``1120''.
(2) The table of sections at the beginning of chapter 11 of
title 31, United States Code, is amended by adding at the end
the following:
``1120. Program assessment.''.
SEC. 5. STRATEGIC PLANNING AMENDMENTS.
(a) Change in Deadline for Strategic Plan.--Subsection (a) of
section 306 of title 5, United States Code, is amended by striking ``No
later than September 30, 1997,'' and inserting ``Not later than
September 30 of each year following a year in which an election for
President occurs, beginning with September 30, 2005,''.
(b) Change in Period of Coverage of Strategic Plan.--Subsection (b)
of section 306 of title 5, United States Code, is amended to read as
follows:
``(b) Each strategic plan shall cover the 4-year period beginning
on October 1 of the year following a year in which an election for
President occurs.''. | Program Assessment and Results Act - Amends the Federal law provisions concerning the budget and fiscal, budget, and program information to require the Director of the Office of Management and Budget to assess, jointly with Federal agencies, each program of such agencies at least once every five fiscal years. Instructs the Director to develop criteria for identifying programs to be assessed each fiscal year.
Requires the results of such assessments to be submitted in a report to Congress at the same time the President submits the next Federal budget.
Sunsets the above provisions after September 30, 2013.
Requires the head of each agency to submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities not later than September 30 of each year following a year in which an election for President occurs, beginning September 30, 2005. | A bill to require the review of Government programs at least once every 5 years for purposes of evaluating their performance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Protection Act of
1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any government or
person. The existence of torture creates a climate of fear and
international insecurity that affects all people.
(2) Torture is the deliberate mental and physical damage
caused by governments to individuals to destroy individual
personality and terrorize society. The effects of torture are
long term. Those effects can last a lifetime for the survivors
and affect future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments often
use torture as a weapon against democracy.
(4) Torture survivors remain under physical and
psychological threats, especially in communities where the
perpetrators are not brought to justice. In many nations, even
those who treat torture survivors are threatened with
reprisals, including torture, for carrying out their ethical
duty to provide care. Both the survivors of torture and their
treatment providers should be accorded protection from further
repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of torture. Those claiming
asylum deserve prompt consideration of their applications for
political asylum to minimize the insecurity and sense of
danger. Many torture survivors now live in the United States.
They should be provided with the rehabilitation services which
would enable them to become productive members of our
communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
(9) The United States became a party to the Convention
Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment on November 20, 1994, but has not
enacted legislation to implement Article 3 of the Convention.
SEC. 3. DEFINITIONS.
(a) In General.--Except as otherwise provided, the terms used in
this Act have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(b) Torture.--The term ``torture'' has the meaning given the term
in section 2340(1) of title 18, United States Code, and includes the
use of rape and other forms of sexual violence by a person acting under
the color of law upon another person under his custody or physical
control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
TO TORTURE.
(a) Prohibition.--Notwithstanding any other provision of law, the
United States shall not expel, remove, extradite, or otherwise return
involuntarily an individual to a country if there is substantial
evidence that a reasonable person in the circumstances of that
individual would fear subjection to torture in that country.
(b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual, means--
(1) to return the individual without the individual's
consent, whether or not the return is induced by physical force
and whether or not the person is physically present in the
United States; or
(2) to take an action by which it is reasonably foreseeable
that the individual will be returned, whether or not the return
is induced by physical force and whether or not the person is
physically present in the United States.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) Covered Aliens.--An alien described in this section is any
alien who presents a claim of having been subjected to torture, or whom
there is reason to believe has been subjected to torture.
(b) Consideration of the Effects of Torture.--In considering an
application by an alien described in subsection (a) for refugee status
under section 207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under section
241(b)(3) of that Act, the appropriate officials shall take into
account--
(1) the manner in which the effects of torture might affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), refugees who have been subjected to torture shall be
considered to the refugees of special humanitarian concern to the
United States and shall be accorded priority for resettlement at least
as high as that accorded any other group of refugees.
(d) Processing for Asylum and Withholding of Removal.--Section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) is amended by adding at the end the following new
clause:
``(iv) Special procedures for aliens who
are the victims of torture.--
``(I) Expedited procedures.--With
the consent of the alien, an asylum
officer or immigration judge shall
expedite the scheduling of an asylum
interview or a removal proceeding for
any alien who presents a claim of
having been subjected to torture,
unless the evidence indicates that a
delay in making a determination
regarding the granting of asylum under
section 208 of the Immigration and
Nationality Act or the withholding of
removal under section 241(b)(3) of that
Act with respect to the alien would not
aggravate the physical or psychological
effects of torture upon the alien.
``(II) Delay of proceedings.--With
the consent of the alien, an asylum
officer or immigration judge shall
postpone an asylum interview or a
removal proceeding for any alien who
presents a claim of having been
subjected to torture, if the evidence
indicates that, as a result of the
alien's mental or physical symptoms
resulting from torture, including the
alien's inability to recall or relate
the events of the torture, the alien
will require more time to recover or be
treated before being required to
testify.''.
(c) Parole in Lieu of Detention.--The finding that an alien is a
person described in subsection (a) shall be a strong presumptive basis
for a grant of parole, under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
(f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by
inserting before the period at the end the following: ``, or to an
alien described in section 5(a) of the Torture Victims Relief Act''.
(g) Sense of Congress.--It is the sense of Congress that the
Attorney General should allocate resources sufficient to maintain in
the Resource Information Center of the Immigration and Naturalization
Service current information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, immigration judges, and all other relevant officials of the
Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of torture;
(2) the identification of the surrounding circumstances in
which torture is most often practiced;
(3) the long-term effects of torture upon a victim;
(4) the identification of the physical, cognitive, and
emotional effects of torture, and the manner in which these
effects can affect the interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject on inter-acting with women and men who are victims of
torture by rape or any other form of sexual violence. | Torture Victims Protection Act of 1998 - Prohibits U.S. expulsion or extradition of an individual to a country if there is substantial evidence that such individual would be subject to torture in that country.
Establishes special procedural considerations and priorities under the Immigration and Nationality Act for alien torture victims seeking refugee or asylee status, or withholding of removal. Expresses the sense of the Congress that the Attorney General should allocate resources to maintain in the Immigration and Naturalization Service's Resource Information Center materials on the use of torture in foreign countries.
Provides for specialized training of immigration, asylum, and consular personnel in identifying and interviewing torture victims. | Torture Victims Protection Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Producer Income Protection Act
of 2011''.
SEC. 2. MILK INCOME LOSS CONTRACT PROGRAM.
(a) In General.--Section 1506 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8773) is amended--
(1) in subsection (c)(3)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon at the end;
(B) in subparagraph (B)--
(i) by striking ``ending August 31, 2012''
and inserting ``thereafter''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking subparagraph (C);
(2) in subsection (d)--
(A) in the subsection heading, by striking ``for
Feed Prices''; and
(B) by adding at the end the following:
``(4) Payment rate adjustments.--
``(A) In general.--Subject to paragraphs (1)
through (3), for each of fiscal years 2012 through
2015, the amount specified in subsection (c)(2)(A) used
to determine the payment rate for the fiscal year shall
be the payment rate for the preceding fiscal year, as
adjusted to reflect changes for the 12-month period
ending the preceding November 30 in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
``(B) Termination of authority.--Effective
beginning in fiscal year 2016, the authority for the
adjustment described in subparagraph (A) shall
terminate.'';
(3) in subsection (e)(2)(A)--
(A) in clause (i), by inserting ``and'' after the
semicolon at the end;
(B) in clause (ii)--
(i) by striking ``for the period'' and all
that follows through ``2012'' and inserting
``effective beginning October 1, 2008''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking clause (iii); and
(4) in subsections (g) and (h)(1), by striking ``September
30, 2012'' each place it appears and inserting ``September 30,
2017''.
(b) Offsets.--
(1) Repeal of permanent price support authority for milk.--
(A) In general.--Section 201 of the Agricultural
Act of 1949 (7 U.S.C. 1446) is amended--
(i) in subsection (a), by striking
``milk,''; and
(ii) by striking subsections (c) and (d).
(B) Conforming amendment.--Section 301 of the
Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
inserting ``(other than milk)'' after ``agricultural
commodity''.
(2) Repeal of dairy product price support program.--Section
1501 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8771) is repealed.
(3) Repeal of dairy export incentive program.--
(A) In general.--Section 153 of the Food Security
Act of 1985 (15 U.S.C. 713a-14) is repealed.
(B) Conforming amendments.--Section 902(2) of the
Trade Sanctions Reform and Export Enhancement Act of
2000 (22 U.S.C. 7201(2)) is amended--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively.
SEC. 3. FEDERAL MILK MARKETING REFORM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall conduct
hearings to assess the implications of transitioning Federal milk
marketing orders from end-product pricing to a competitive pay pricing
system.
(b) Requirements.--In conducting hearings under this section, the
Secretary shall--
(1) ensure that market administrators conduct a thorough
analysis of the reforms to the Federal milk marketing orders
proposed by the Maine Dairy Industry Advisory Council and the
reforms included in title II of the Dairy Security Act of 2011;
(2) analyze the implications of transitioning from a 4-
class system for milk products to a 2-class system;
(3) explore methods to improve signals for price discovery
in the short- and long-term to allow dairy producers to better
use risk management tools;
(4) assess whether a 2-class competitive pay pricing system
for milk products would be more or less transparent than the
system in effect as of the day before the date of enactment of
this Act; and
(5) analyze the impact of eliminating a minimum regulated
price on price volatility in dairy markets.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Dairy Producer Income Protection Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to extend the milk income loss contract program.
Revises payment, feed cost adjustment, and payment quantity (pound) calculations.
Eliminates: (1) milk price supports, (2) dairy product price supports, and (3) the dairy export incentive program.
Directs the Secretary of Agriculture (USDA) to conduct hearings to assess the implications of transitioning federal milk marketing orders from end-product pricing to a competitive pay pricing system. | A bill to extend the milk income loss contract program, to require the Secretary of Agriculture to conduct hearings to assess the implications of transitioning Federal milk marketing orders from end-product pricing to a competitive pay pricing system, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Justice for Victims
of Gun Violence Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) The Protection of Lawful Commerce in Arms Act (in this
subsection referred to as the ``PLCAA'') was enacted with the
express purpose of prohibiting ``causes of action against
manufacturers, distributors, dealers, and importers of firearms
or ammunition products, and their trade associations, for the
harm solely caused by the criminal or unlawful misuse of
firearm products or ammunition products by others when the
product functioned as designed and intended.''.
(2) The intent of the PLCAA was to bar a narrow category of
lawsuits holding gun industry entities liable for damages
solely on the basis of selling a product that was used in
crime.
(3) The chief sponsor of PLCAA stated during floor debate,
``This legislation will not bar the courthouse doors to victims
who have been harmed by the negligence or misdeeds of anyone in
the gun industry. . . . If manufacturers or dealers break the
law or commit negligence, they are still liable.''.
(4) It was not the intent of the Congress in the PLCAA to
protect gun or ammunition manufacturers or sellers who failed
to exercise reasonable care for health and safety in the
design, marketing, and sale of their products.
(5) Federal and State courts have read the PLCAA contrary
to its intent, and dismissed civil lawsuits based on
negligence, product defect, and other causes of action that are
well established in statute and common law principles.
(6) This special protection from civil liability enjoyed by
the firearm industry is not only contrary to the congressional
intent of the PLCAA, but also contrary to public safety, and
unique among industries in the United States.
(7) As Congress intended in the PLCAA, the firearm industry
should not be held liable solely because a product they made or
sold was used in crime, if those companies did not engage in
negligent or otherwise tortious conduct. However, as Congress
also intended in the PLCAA, State or Federal courts should not
be barred from applying State common or statutory law to impose
liability on industry participants who, through their negligent
conduct or defective product, cause an injury in which unlawful
activity was also a cause.
(8) As most firearms dealers are responsible businesspeople
who do not engage in negligent sales practices, 86 percent of
firearms dealers sell no guns that are subsequently used in
crimes, and 1.2 percent of firearms dealers sell 57 percent of
crime guns, the overwhelming majority of dealers need no
special protection from liability for damages resulting from
the criminal use of guns.
(9) Allowing victims of gun violence to pursue civil
actions in State and Federal courts against the firearm
industry on the basis of negligent behavior serves the
interests of justice and fosters the adoption of responsible
business practices likely to reduce the incidence of firearm
deaths.
(10) The Second Amendment rights of law-abiding citizens
are not infringed by allowing State and Federal courts to
impose generally applicable principles of civil justice law to
negligent industry participants.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure that those injured by firearms have access to
the same civil remedies as those injured by any other product
and are not restricted from bringing suits based on statutes
and common law theories of liability in State and Federal
court.
(2) To allow plaintiffs to discover and introduce evidence,
including gun trace evidence, into State and Federal courts
where appropriate.
SEC. 3. EQUAL ACCESS TO CIVIL REMEDIES FOR VICTIMS OF GUN VIOLENCE.
(a) In General.--An action against a manufacturer, seller, or trade
association for damages or relief resulting from an alleged defect or
alleged negligence with respect to a product, or conduct that would be
actionable under State common or statutory law in the absence of the
Protection of Lawful Commerce in Arms Act, shall not be dismissed by a
court on the basis that the action is for damages resulting from, or
for relief from, the criminal, unlawful, or volitional use of a
qualified product.
(b) Definitions.--In subsection (a), the terms ``manufacturer'',
``seller'', ``trade association'', and ``qualified product'' shall have
the meanings given the terms in section 4 of the Protection of Lawful
Commerce in Arms Act.
(c) Applicability.--Subsection (a) shall apply to actions brought
before, on, or after the date of the enactment of this Act.
SEC. 4. DISCOVERABILITY AND ADMISSIBILITY OF GUN TRACE INFORMATION IN
CIVIL PROCEEDINGS.
The contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms
and Explosives shall not be immune from legal process, shall be subject
to subpoena or other discovery, shall be admissible as evidence, and
may be used, relied on, or disclosed in any manner, and testimony or
other evidence may be permitted based on the data, on the same basis as
other information, in a civil action in any State (including the
District of Columbia) or Federal court or in an administrative
proceeding. | Equal Access to Justice for Victims of Gun Violence Act - Prohibits a court from dismissing an action against a manufacturer, seller, or trade association for damages or relief resulting from an alleged defect or negligence with respect to a product, or conduct that would be actionable under state common or statutory law in the absence of the Protection of Lawful Commerce in Arms Act, on the basis that the action is for damages or relief from the criminal, unlawful, or volitional use of a qualified product. Makes the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) subject to subpoena or other discovery and admissible as evidence. Permits such contents to be used, relied on, or disclosed, and permits testimony or other evidence to be based on the data, on the same basis as other information in a civil action in any state or federal court or in an administrative proceeding. | Equal Access to Justice for Victims of Gun Violence Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Trade Coordination Act''.
SEC. 2. MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PROMOTION AGENCIES
ON TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Representatives from state trade promotion
agencies.--The TPCC shall also include 1 or more members
appointed by the President who are representatives of State
trade promotion agencies.''.
SEC. 3. FEDERAL AND STATE EXPORT PROMOTION COORDINATION PLAN.
(a) In General.--The Secretary of Commerce, acting through the
Trade Promotion Coordinating Committee and in coordination with
representatives of State trade promotion agencies, shall develop a
comprehensive plan to integrate the resources and strategies of State
trade promotion agencies into the overall Federal trade promotion
program.
(b) Matters To Be Included.--The plan required under subsection (a)
shall include the following:
(1) A description of the role of State trade promotion
agencies in assisting exporters.
(2) An outline of the role of State trade promotion
agencies and how it is different from Federal agencies located
within or providing services within the State.
(3) A plan on how to utilize State trade promotion agencies
into the Federal trade promotion program.
(4) An explanation of how Federal and State agencies will
share information and resources.
(5) A description of how Federal and State agencies will
coordinate education and trade events in the United States and
abroad.
(6) A description of the efforts to increase efficiency and
reduce duplication.
(7) A clear identification of where businesses can receive
appropriate international trade information under the plan.
(c) Deadline.--The plan required under subsection (a) shall be
finalized and submitted to Congress not later than 12 months after the
date of the enactment of this Act.
SEC. 4. ANNUAL FEDERAL-STATE EXPORT STRATEGY.
(a) In General.--The Secretary of Commerce, acting through the head
of the United States Commercial Service, shall develop an annual
Federal-State export strategy for each State that submits to the
Secretary of Commerce its export strategy for the upcoming calendar
year. In developing an annual Federal-State export strategy under this
subsection, the Secretary of Commerce shall take into account the
Federal and State export promotion coordination plan developed under
section 3.
(b) Matters To Be Included.--The Federal-State export strategy
required under subsection (a) shall include the following:
(1) The State's export strategy and economic goals.
(2) The State's key sectors and industries of focus.
(3) Possible foreign and domestic trade events.
(4) Efforts to increase efficiencies and reduce
duplication.
(c) Report.--The Federal-State export strategy required under
subsection (a) shall be submitted to the Trade Promotion Coordinating
Committee not later than February 1 of each year.
SEC. 5. COORDINATED METRICS AND INFORMATION SHARING.
(a) In General.--The Secretary of Commerce, in coordination with
representatives of State trade promotion agencies, shall develop a
framework to share export success information, and develop a
coordinated set of reporting metrics.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall submit to
Congress a report that contains the framework and reporting metrics
required under subsection (a).
SEC. 6. ANNUAL SURVEY AND ANALYSIS AND REPORT UNDER NATIONAL EXPORT
STRATEGY.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (c)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) in coordination with State trade promotion agencies,
include a survey and analysis regarding the overall
effectiveness of Federal-State coordination and export
promotion goals on an annual basis, to further include best
practices, recommendations to better assist small businesses,
and other relevant matters.''; and
(2) in subsection (f), in paragraph (1), by inserting
``(including implementation of the survey and analysis
described in paragraph (7) of that subsection)'' after ``the
implementation of such plan''. | State Trade Coordination Act Amends the Export Enhancement Act of 1988 to revise membership of the Trade Promotion Coordinating Committee (TPCC) to include one or more presidential appointees representing state trade promotion agencies. Directs the Secretary of Commerce, acting through the TPCC and in coordination with representatives of state trade promotion agencies, to develop a plan to integrate resources and strategies of state trade promotion agencies into the overall federal trade promotion program. Directs the Secretary, acting through the head of the U.S. Commercial Service, to develop an annual federal-state export strategy for goods and services for each state that submits to the Secretary its export strategy for the upcoming year. Directs the Secretary, in coordination with representatives of state trade promotion agencies, to develop a framework to share export success information, and develop a coordinated set of reporting metrics. Revises the strategic plan for federal trade promotion efforts to include an annual survey and analysis of the overall effectiveness of federal-state coordination and export promotion goals, as well as best practices, recommendations to better assist small businesses, and other relevant matters. | State Trade Coordination Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. GULF COAST RESTORATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Gulf Coast Restoration Fund.
(b) Transfers to Fund.--Notwithstanding any other provision of law,
the Secretary of the Treasury shall deposit into the Fund amounts equal
to not less than 80 percent of any amounts collected by the United
States before, on, or after the date of the enactment of this Act as
penalties, settlements, or fines under sections 309 and 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation
to the Gulf oil spill.
(c) Authorized Uses.--
(1) In general.--The Fund shall be available to the Task
Force, as provided in appropriations Acts, only for activities
related to Gulf coast economic development, tourism promotion,
and ecosystem restoration.
(2) Grants to states.--
(A) In general.--The Task Force shall distribute
the amounts made available for expenditure from the
Fund to the Gulf States to be used in accordance with
this subsection.
(B) Allocation among states.--The Task Force shall
allocate the amounts to be distributed to each Gulf
State under this paragraph such that no single Gulf
State receives less than 5 percent, nor more than 30
percent, of the available amounts.
(C) Allocation within states.--The Governor of each
Gulf State shall allocate amounts distributed to the
State as follows:
(i) Not more than 20 percent of such
amounts may be used by the Governor for
statewide economic development, tourism
promotion, and ecosystem restoration
activities.
(ii) Not less than 80 percent of such
amounts shall be distributed to local
governments in counties directly affected by
the Gulf oil spill for local economic
development, tourism promotion, and ecosystem
restoration activities.
SEC. 3. GULF COAST RESTORATION TASK FORCE.
(a) Establishment.--There is established the Gulf Coast Restoration
Task Force.
(b) Membership.--The Task Force shall consist of the following
members, or in the case of a Federal agency, a designee at the level of
Assistant Secretary or the equivalent:
(1) The Secretary of the Interior.
(2) The Secretary of Commerce.
(3) The Secretary of the Army.
(4) The Attorney General.
(5) The Secretary of Homeland Security.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Commandant of the Coast Guard.
(8) The Secretary of Transportation.
(9) The Secretary of Agriculture.
(10) The Secretary of the Navy.
(11) Two representatives of each of the Gulf States,
appointed by the Governor of each such State.
(12) Two representatives, from within each of the Gulf
States, of local governments having jurisdiction over areas
directly affected by the Gulf oil spill, appointed by the
Governor of each State, respectively.
(c) Duties.--The Task Force shall administer the Fund in accordance
with section 2.
SEC. 4. REPORT.
Not later than 180 days after receiving funds under section 2, the
Governor of each Gulf State shall submit to Congress a report
describing the use of such funds.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Ecosystem restoration.--The term ``ecosystem
restoration'' means any projects and activities for the
conservation, protection, or restoration of coastal areas,
including wetlands; the mitigation of damage to fish, wildlife,
or natural resources; the planning assistance and the
administrative costs of complying with this section; or the
implementation of a federally approved marine, coastal, or
comprehensive conservation management plan.
(2) Fund.--The term ``Fund'' means the Gulf Coast
Restoration Fund established by section 2(a).
(3) Gulf oil spill.--The term ``Gulf oil spill'' means the
oil spill in the Gulf of Mexico caused by the mobile offshore
drilling unit Deepwater Horizon that began on April 20, 2010.
(4) Gulf states.--The term ``Gulf States'' means the States
of Alabama, Florida, Louisiana, Mississippi, and Texas.
(5) Task force.--The term ``Task Force'' means the Gulf
Coast Restoration Task Force established by section 3(a). | Gulf Coast Restoration Act - Establishes in the Treasury the Gulf Coast Restoration Fund. Requires transfer into such Fund of not less than 80% of all amounts collected as federal penalties, settlements, or fines in relation to the Gulf of Mexico oil spill caused by the Deepwater Horizon drilling unit that began on April 20, 2010.
Establishes the Gulf Coast Restoration Task Force. Directs the Task Force to use the Fund for activities related to Gulf coast economic development, tourism promotion, and ecosystem restoration, by way of grants to the Gulf states of Alabama, Florida, Louisiana, Mississippi, and Texas. Prohibits any state from receiving less than 5% or more than 30% of available amounts. | To establish a Gulf Coast Restoration Fund, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multichannel Video Competition Act
of 1998''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In the Cable Television Consumer Protection and
Competition Act of 1992, Congress stated its policy of
promoting competition in cable services and making available to
the public a diversity of views and information through cable
television and other video media.
(2) In the Telecommunications Act of 1996, Congress stated
its policy of securing lower prices and higher quality service
for American telecommunications consumers and encouraging the
rapid deployment of new telecommunications technologies.
(3) Notwithstanding the intent of Congress as expressed in
the 1992 Cable Act and the 1996 Telecommunications Act, in most
places throughout America, cable television system operators
still do not face effective competition from other providers of
multichannel video service.
(4) Absent effective competition, the market power
exercised by cable television operators enables them to raise
the price of cable service to consumers, and to control the
price and availability of cable programming services to other
multichannel video service providers.
(5) Direct Broadcast Satellite service has over 8 million
subscribers and constitutes the most significant competitive
alternative to cable television service. However, Direct
Broadcast Satellite Service currently suffers from a number of
statutory, regulatory, and technical barriers that keep it from
being an effective competitor to cable television in the
provision of multichannel video services. The most prominent of
these barriers is its inability to provide subscribers with
local television broadcast signals. Other barriers include the
higher cost consumers must pay for equipment, installation, and
additional equipment to receive service on additional
television sets.
(6) Permitting providers of direct broadcast satellite
service to retransmit local television signals to their
subscribers would greatly enhance the ability of direct
broadcast satellite service to compete effectively in the
provision of multichannel video services.
(7) Unlike cable television systems, providers of direct
broadcast satellite service cannot carry all local television
broadcast signals in all the local television markets they serve.
(8) It would be in the public interest for providers of
direct broadcast satellite service to fully comply with the
mandatory signal carriage rules at such time as terrestrial or
satellite-based technology enables them to do so. In the
interim, requiring full compliance with the mandatory signal
carriage rules would substantially harm the ability of direct
broadcast satellite service providers to compete in the
provision of multichannel video services and would not serve
the public interest.
(9) Local television broadcast licensees whose stations are
not carried by providers of direct broadcast satellite services
are entitled to be compensated for any demonstrable loss of
revenue that will result.
(10) Millions of subscribers to direct broadcast satellite
service currently receive the signals of network-affiliated
stations not located in these subscribers' local television
markets. In many cases, distant network signals may be these
subscribers' only source of network television service.
(11) Notwithstanding the prevalence of distant network
signals and their importance as a component of direct broadcast
satellite service to millions of subscribers, a recent ruling
by a federal district court will result in many subscribers
losing these signals, regardless of whether local network
signals are actually viewable off-air or not.
(12) Widespread carriage of distant network stations in
local network affiliates' markets can cause local affiliates to
lose audience share and revenues, which would in turn harm
their ability to serve their local community. Therefore, it
would best serve the public interest to ensure that distant
network stations are carried only where local network stations
cannot be received off-air.
(13) Abrupt termination of satellite carriers provision of
distant network signals would deprive direct broadcast
satellite subscribers of an important component of their
existing satellite television service, and have a severely
negative impact on the ability of direct broadcast satellite
service to compete effectively in the provision of multichannel
video services.
(14) It is in the public interest for direct broadcast
satellite subscribers who cannot receive acceptable over-the-
air service from their local network-affiliated stations to
continue to receive distant network signals for an interim
period sufficient to permit the Federal Communications
Commission to redefine those situations in which the permanent
carriage of distant network signals would be appropriate.
(15) Improving the ability of providers of direct broadcast
service to compete effectively in the provision of multichannel
video services by eliminating remaining statutory and
administrative barriers to competition would be consistent with
the intent of Congress as expressed in the terms of the 1992
Cable Act and the 1996 Telecommunications Act.
SEC. 3. PURPOSE.
The purpose of this Act is to promote the growth of competition in
the provision of multichannel video services by expeditiously removing
certain statutory and regulatory barriers that prevent providers of
Direct Broadcast Satellite Services from competing effectively with
cable television systems.
SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end thereof the following:
``SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
``(a) Purpose.--The purpose of this section is to promote
competition in the provision of multichannel video services by--
``(1) enabling providers of direct broadcast service to
offer their subscribers the signals of local television
stations; and
``(2) accommodating, for an interim period, technical
limitations that preclude providers of direct broadcast service
from carrying all local signals in all local television
markets.
``(b) Application of Mandatory Carriage to Satellite Carriers.--
Except as otherwise provided in this section, the mandatory carriage
provisions of section 614 of the Communications Act will apply no later
than January 1, 2002, to satellite carriers retransmitting television
broadcast signals.
``(c) Rulemaking Required.--Within 180 days after the date of
enactment of the Multichannel Video Competition Act of 1998, the
Commission shall adopt regulations to facilitate the provision of all
qualified local commercial and noncommercial television stations,
either through satellite or terrestrial means, by providers of direct
broadcast satellite service providing video programming.
``(d) Interim Requirements.--
``(1) Interim requirement.--Before January 1, 2002, or the
effective date of the final regulations adopted pursuant to
subsection (c) (if that date is earlier), a provider of direct
broadcast satellite service providing video programming shall--
``(A) carry all local television stations eligible
for carriage; or
``(B) compensate any such station not carried.
``(2) Compensation formula.--Within 180 days of the date of
enactment of the Multichannel Video Competition Act of 1998,
the Commission shall prescribe a formula to be used to
determine the audience and revenue loss incurred by a local
television station as a result of its noncarriage by a provider
of direct broadcast satellite service under paragraph (1)(B),
and procedural rules for the expeditious resolution of
petitions requesting compensation.
``(3) Burden of proof.--A local television station,
otherwise eligible for carriage, whose signal is not carried by
a direct broadcast satellite service provider under paragraph
(1)(B), may petition the Commission for an order directing that
provider to pay compensation under this paragraph. In any
proceeding on such a petition, the burden of proof shall lie
with the petitioner.
``(4) Compensation limited to formula amount absent unusual
or compelling circumstances.--The Commission may not grant
compensation under this subsection for any projected revenue
loss except in accordance with the formula prescribed by the
Commission under paragraph (2) unless the Commission determines
that unusual or compelling circumstances warrant additional
compensation.
``(5) Additional compensation.--If the petitioner shows
that the compensation determined under the formula would be
insufficient to enable the petitioner to operate in the public
interest, the Commission shall award additional compensation
under this section.
``(6) Time limit for commission action.--The Commission
shall issue a decision on any petition filed under paragraph
(3) no later than 150 days after the petition is filed.
``(e) Good Signal Required.--A local television broadcast station
eligible for carriage under subsection (b) shall be required to bear
the costs associated with delivering a good quality signal for
retransmission by the satellite carrier.''.
SEC. 5. CARRIAGE OF DISTANT NETWORK SIGNALS BY SATELLITE CARRIERS.
(a) Purpose.--The purpose of this section is to promote competition
in the provision of multichannel video services by enabling direct
broadcast satellite providers to offer distant network signals to
consumers in areas receiving inadequate over-the-air reception of local
television signals.
(b) Continued Retransmission of Distant Network Signals.--
Notwithstanding any other provision of law, satellite carriers
retransmitting the signal of a distant network station to households
located within an area served by a local affiliate of the same network
and receiving service as of July 10, 1998, shall not be required to
discontinue carriage of the distant network station to such households
prior to February 28, 1999. Nothing in this subsection is intended to
modify the duration of the license granted in section 119 of title 17,
United States Code.
(c) Rulemaking Required.--The Federal Communications Commission
shall complete a single rulemaking proceeding in which it shall rule on
any petitions or similar matters regarding the definition of unserved
areas or households. Any definition adopted by the Commission must
consist of an objective measure of a satisfactory signal obtainable by
use of generally-available off-air reception devices of the type used
by the average viewer. The Commission shall complete this rulemaking
proceeding within such time as to enable any rule change to become
effective no later than February 28, 1999.
(d) No Remission of Penalty.--No action taken by the Commission
pursuant to subsection (c) shall indemnify any provider of direct
broadcast satellite service from any liability for any prior violation
of section 119(a)(5)(D) of title 17, United States Code, or from the
imposition of any penalty therefor.
SEC. 6. RETRANSMISSION CONSENT.
(a) Amendments.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
(1) by striking the subsection designation and paragraphs
(1) and (2) and inserting the following:
``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
``(A) with the express authority of the station;
``(B) pursuant to section 614, in the case of a station
electing, in accordance with this subsection, to assert the
right to carriage under such section; or
``(C) pursuant to section 337, in the case of a station
eligible, in accordance with this subsection, to assert the
right to carriage under such section.
``(2) The provisions of this subsection shall not apply to--
``(A) retransmission of the signal of a non-commercial
broadcasting station;
``(B) retransmission of the signal of a television
broadcast station outside the station's local market by a
satellite carrier directly to subscribers if--
``(i) such station was a superstation on May 1,
1991; and
``(ii) on December 31, 1997, such station was a
network station and its signal was retransmitted by
satellite carriers directly to at least 500,000
subscribers;
``(C) retransmission of the distant signal of a
broadcasting station that is owned or operated by, or
affiliated with, a broadcasting network directly to a home
satellite antenna, if the household receiving the signal is
located in an unserved area;
``(D) retransmission by a cable operator or other
multichannel video programming distributor (other than by a
satellite carrier direct to its subscribers) of the signal of a
television broadcast station outside the station's local
market, if such signal was obtained from a satellite carrier
and--
``(i) the originating station was a superstation on
May 1, 1991; and
``(ii) the originating station was a network
station on December 31, 1997, and its signal was
retransmitted by a satellite carrier directly to
subscribers.''; and
(2) by adding at the end the following new paragraph:
``(7) For purposes of this subsection:
``(1) Television broadcast station.--The term `television
broadcast station' means a full power television broadcast
station, but does not include a low-power or translator
television broadcast station.
``(2) Broadcasting network.--The term `broadcasting
network' means a television network in the United States which
offers an interconnected program service on a regular basis for
15 or more hours per week to at least 25 affiliated broadcast
stations in 10 or more States.
``(3) Network station.--The term `network station' means a
television broadcast station that is owned or operated by, or
affiliated with, a broadcasting network.
``(4) Local market.--The term `local market' means the
designated market area in which a station is located, and--
``(A) for a commercial television broadcast station
located in any of the 150 largest designated market
areas, all commercial television broadcast stations
licensed to a community within the same designated
market are within the same local market;
``(B) for a commercial television broadcast station
that is located in a designated market that is not one
of the 150 largest, the local market includes, in
addition to all commercial television broadcast
stations licensed to a community within the same
designated market area, any station that is
significantly viewed, as such term is defined in
section 76.54 of the Commission's regulations (47
C.F.R. 76.45); and
``(C) for a noncommercial educational television
broadcast station, the local market includes any
station that is licensed to a community within the same
designated market area as the noncommercial educational
television broadcast station.
``(5) Designated market area.--The term `designated market
area' means a designated market area, as determined by Nielsen
Media Research and published in the DMA Market and Demographic
Report.
``(6) Unserved area.--The term `unserved area' means a
place that does not receive an off-air signal from a local
network station that meets or exceeds the standards established
by the Commission.''.
(b) Effective Date.--The amendments made by subsection (a) are
effective January 1, 1999. | Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals. Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula. Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest. Requires petitions to be decided within 150 days.
Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier.
States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999. Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households.
Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations. Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if: (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if: (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers. | Multichannel Video Competition Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Security Act of 2001''.
SEC. 2. AUTHORIZATION OF RESEARCH AND STUDIES.
Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by adding at the end the
following:
``(c) Tularosa Basin Desalination Facility.--
``(1) In general.--
``(A) Technology progress plan.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
Sandia National Laboratories, in collaboration
with the Secretary of Energy and in
consultation with the Secretary, and using as
models the roles of desalination facilities
operated by the Federal Government and other
research institutions as of the date of
enactment of this subsection, shall develop a
desalination technology progress plan that
includes--
``(I) an overview of available
short-term and long-term desalination
technology development;
``(II) recommendations for the
location, siting, and configuration of
the facility under subparagraph (B);
``(III) an assessment of the
contributions that the facility could
make to the field of desalination; and
``(IV) recommendations concerning
the most effective and efficient manner
of carrying out subparagraph (B).
``(ii) Cost-sharing requirements.--The
cost-sharing requirements described in sections
1604 and 1605 of the Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h-2,
390h-3) shall not apply to--
``(I) the funding of the technology
progress plan described in clause (i);
``(II) the facility authorized to
be constructed under subparagraph (B);
or
``(III) any research carried out by
Sandia National Laboratories under this
Act.
``(B) Testing and evaluation facility.--
``(i) Construction.--Not later than 3 years
after the date of completion of the technology
progress plan under subparagraph (A), the
Secretary of Energy, in collaboration with the
Secretary and in accordance with the memorandum
of understanding described in subparagraph (C)
and the technology progress plan developed
under subparagraph (A)(i), shall construct a
desalination test and evaluation facility at
the Tularosa Basin, located in Otero County in
the State of New Mexico (referred to in this
subsection as the `facility').
``(ii) Report.--Not later than 1 year after
the date on which the facility begins
operation, the Secretary of Energy shall submit
to Congress a report that describes project
plans of, and any technological advancements
developed by, the facility.
``(iii) Contractors.--The Secretary of
Energy may enter into such contracts as are
necessary (including contracts with other
Federal agencies, State agencies, educational
institutions, and private entities and
organizations) to carry out this subparagraph.
``(C) Memorandum of understanding.--In carrying out
this paragraph, the Secretary of Energy and the
Secretary of the Interior shall enter into a memorandum
of understanding under which the Secretary of Energy
shall seek from the Secretary of the Interior, and the
Secretary of the Interior shall provide to the
Secretary of Energy, technical assistance and expertise
in the development and construction of the facility.
``(2) Purposes.--The facility--
``(A) shall be used--
``(i) to carry out research on, and to
test, demonstrate, and evaluate, new
desalination technologies (including long-term,
alternative technologies that have the
potential for significant desalination cost
reductions beyond the time frame of the focus
of current research);
``(ii) to fully evaluate the performance of
new technologies, including performance in--
``(I) energy consumption;
``(II) byproduct disposal; and
``(III) operational maintenance
costs; and
``(iii) to determine the most
technologically-efficient and cost-efficient
means by which potable water may be
produced from salinated water or other water that is unsuitable for
use; and
``(B) should be capable of processing at least
100,000 gallons of water per day.
``(3) Collaboration; facility discretion.--
``(A) Collaboration.--All research at the facility
shall be carried out by the Secretary of Energy, in
collaboration with the Secretary.
``(B) Facility discretion.--Research described in
paragraph (2)(A)(i) may be carried out at the facility
or at any other laboratory facility determined to be
suitable by Sandia National Laboratories.
``(4) Provision of water.--
``(A) In general.--Subject to subparagraph (B), all
desalinated water produced by the facility shall be
provided to 1 or more communities located in Otero
County, New Mexico, at no cost to the communities, as
jointly determined by the Secretary of Energy and the
Secretary.
``(B) Timing; supplementary aspect.--The water
provided under subparagraph (A) shall be--
``(i) provided only after technology
testing demonstrates that the water is of a
consistent, reliable quality, as determined by
Sandia National Laboratories, in coordination
with the Secretary of Energy; and
``(ii) supplementary to water provided by
public water systems or wells in the
communities.
``(5) Technical advisory committee.--
``(A) In general.--The Secretary and the Secretary
of Energy shall jointly establish a technical advisory
committee to provide, under such procedures as the
Secretary and the Secretary of Energy shall jointly
develop, program guidance and technical assistance in
carrying out this subsection.
``(B) Composition.--
``(i) In general.--The technical advisory
committee shall be composed of--
``(I) representatives from the
Department of the Interior and the
Department of Energy, to be appointed
by the Secretary and the Secretary of
Energy, respectively; and
``(II) such additional
representatives from academic
institutions, the private sector, other
Federal agencies, and educational
institutions, as the Secretary and the
Secretary of Energy, respectively,
determine to be appropriate.
``(ii) Chairpersons.--A representative of
the Department of the Interior selected by the
Secretary and a representative of the
Department of Energy selected by the Secretary
of Energy shall serve as cochairpersons of the
technical advisory committee.
``(6) Cost sharing.--Section 7 shall not apply to this
subsection.''.
SEC. 3. CONSULTATION; AUTHORIZATION OF APPROPRIATIONS.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) by striking section 8;
(2) by redesignating section 9 as section 8;
(3) in section 8 (as redesignated by paragraph (2)), in the
first sentence, by striking ``Army,'' and inserting ``Army and
the Secretary of Energy,''; and
(4) by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``(a) Research and Studies.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 3 and section 4(c)(1)(A)
$6,000,000 for each of fiscal years 2002 through 2008.
``(2) Research programs.--Of the amounts made available
under paragraph (1)--
``(A) not to exceed $1,000,000 for each fiscal year
may be awarded, without any cost-sharing requirement,
to institutions of higher education (including United
States-Mexico binational research foundations and
interuniversity research programs established by the 2
countries) for research grants; and
``(B) not less than $1,000,000 of the amount made
available for fiscal year 2002 shall be used to carry
out section 4(c)(1)(A).
``(3) Internal research.--
``(A) In general.--Of the amounts made available
under paragraph (1) to carry out section 3 for each of
fiscal years 2002 through 2008, the Secretary may use
not more than 25 percent for research carried out by
the Department of the Interior.
``(B) Cost sharing.--Research described in
subparagraph (A) shall not be subject to any cost-
sharing requirement.
``(b) Desalination Demonstration and Development.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 4 (other than section
4(c)) $30,000,000 for the period of fiscal years 2002 through
2008.
``(2) Desalination research and development facility.--
There is authorized to be appropriated to the Secretary of
Energy for transfer to Sandia National Laboratories, to carry
out section 4(c) (other than section 4(c)(1)(A)) $6,000,000 for
each of fiscal years 2003 through 2008.''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Authorization of Research and Studies.--Section 3 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as subparagraphs (A), (B), (C), (D),
(E), (F), and (G), respectively, and indenting appropriately;
(B) by striking ``In order to'' and inserting the
following:
``(1) In general.--To'';
(C) in the first sentence--
(i) by striking ``is authorized to award
grants and to enter into contracts,'' and
inserting ``may award grants and enter into
cooperative agreements, interagency agreements,
and contracts,''; and
(ii) by inserting ``and'' after ``financing
of research''; and
(D) by striking ``Awards'' and all that follows
through ``include--'' and inserting the following:
``(2) Locations.--If the Secretary determines that it is in
the national interest, the Secretary may carry out a program
described in paragraph (1), in accordance with all applicable
law, at a location outside the United States.
``(3) Basis for grants, agreements, and contracts.--All
awards of grants and all cooperative agreements, interagency
agreements, and contracts entered into under paragraph (1),
shall be made on the basis of a competitive, merit-reviewed
process.
``(4) Topics.--Research and study topics authorized by this
section include--''; and
(2) in subsection (c), by striking ``other facilities and
educational institutions suitable'' and inserting the
following: ``educational institutions, international
organizations, international foundations, and international
educational institutions, and other facilities suitable''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Location.--If the Secretary determines that it is in the
national interest, the Secretary may carry out the program described in
subsection (a), in accordance with all applicable law, at a location
outside the United States.''; and
(3) in subsection (c) (as redesignated by paragraph (1)),
by striking ``conducted through'' and all that follows through
``to develop'' and inserting the following: ``conducted through
the provision of grants to, and the entering into cooperative
agreements and contracts (including cost-sharing agreements)
with, non-Federal public utilities, State and local
governmental agencies, educational institutions, international
organizations, international foundations, international
educational institutions, and other entities, as appropriate,
to develop''.
(c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) by striking the first sentence and inserting the
following:
``(a) In General.--
``(1) All projects.--Notwithstanding any other provision of
law, the Federal share of the cost of a research, study, or
demonstration project or a desalination development project or
activity carried out under this Act--
``(A) except as provided in paragraph (2) and in
section 9(a)(3)(B), shall not exceed 100 percent of the
total cost of the project or activity; and
``(B) may be paid out of--
``(i) funds made available to the
Secretary, in an amount not to exceed 50
percent of the total cost of the project or
activity;
``(ii) funds made available to 1 or more
other heads of Federal agencies; or
``(iii) a combination of funds described in
clauses (i) and (ii).
``(2) Interior projects.--The Federal share of the cost of
a project or activity described in paragraph (1) that is
carried out by the Secretary shall not exceed 50 percent.'';
(2) by striking ``A Federal contribution'' and inserting
the following:
``(b) Determination of Infeasibility.--A contribution by the
Secretary described in subsection (a)(2) that is'';
(3) by striking ``The Secretary shall prescribe'' and
inserting the following:
``(c) Procedures.--The Secretary shall prescribe''; and
(4) by striking ``Costs of operation,'' and inserting the
following:
``(d) Non-Federal Responsibilities.--Costs of operation,''.
(d) Consultation.--Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) (as redesignated by section
3(2)) is amended to read as follows:
``SEC. 8. CONSULTATION.
``(a) In General.--In carrying out this Act, the Secretary shall
consult with the heads of other Federal agencies (including the
Secretary of the Army) that have experience in conducting desalination
research or operating desalination facilities.
``(b) International Consultation.--In a case in which the Secretary
intends to conduct an activity under this Act in accordance with
section 3(a)(2) or 4(b), the Secretary shall consult with the Secretary
of State before beginning the conduct of the activity.
``(c) Other Programs.--Nothing in this Act prohibits any other
agency from carrying out a program for desalination research or
operation that is authorized under any other provision of law.''. | Water Supply Security Act of 2001 - Amends the Water Desalination Act of 1996 to direct Sandia National Laboratories to develop a desalination technology progress plan that includes recommendations for the location, siting, and configuration of a desalination test and evaluation facility at the Tularosa Basin located in Otero County in New Mexico. Provides for the construction of such facility by the Secretary of Energy after the completion of such plan.Requires that the facility: (1) be used to research, test, and evaluate, new desalination technologies, to fully evaluate their performance in energy consumption, byproduct disposal, and operational maintenance costs, and to determine the most technologically- and cost-efficient means by which potable water may be produced from salinated water or other water that is unsuitable for use; and (2) should be capable of processing at least 100,000 gallons of water per day. Requires all desalinated water produced by the facility to be provided, at no cost, to one or more communities in the county. Requires the Secretary of the Interior (the Secretary) and the Secretary of Energy to establish a technology advisory committee to provide program guidance and technical assistance.Authorizes appropriations for such Act for FY 2002 through 2008 for research and studies, for the desalination technology progress plan, and for the desalination demonstration and development program. Authorizes the Secretary to carry out such research or such program at a location outside the United States upon determining it is in the nation interest and after consulting the Secretary of State. Revises Federal cost share provisions for projects and activities under such Act. | A bill to amend the Water Desalination Act of 1996 to reauthorize that Act and to authorize the construction of a desalination research and development facility at the Tularosa Basin, New Mexico, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Executive Accountability
Act of 2010''.
SEC. 2. SHAREHOLDER VOTES ON EXECUTIVE PAY.
(a) Shareholder Votes on Executive Pay.--Section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at
the end the following new subsection:
``(i) Annual Shareholder Approval of Executive Compensation.--
``(1) Annual vote.--Any proxy or consent or authorization
(the solicitation of which is subject to the rules of the
Commission pursuant to subsection (a)) for an annual meeting of
the shareholders to elect directors (or a special meeting in
lieu of such meeting) where proxies are solicited in respect of
any security registered under section 12 occurring on or after
the date that is 6 months after the date on which final rules
are issued under paragraph (4), shall provide for a separate
shareholder vote to approve the compensation of executives as
disclosed pursuant to the Commission's compensation disclosure
rules for named executive officers (which disclosure shall
include the compensation committee report, the compensation
discussion and analysis, the compensation tables, and any
related materials, to the extent required by such rules). The
shareholder vote shall not be binding on the issuer or the
board of directors and shall not be construed as overruling a
decision by such board, nor to create or imply any additional
fiduciary duty by such board, nor shall such vote be construed
to restrict or limit the ability of shareholders to make
proposals for inclusion in such proxy materials related to
executive compensation.
``(2) Shareholder approval of golden parachute
compensation.--
``(A) Disclosure.--In any proxy or consent
solicitation material (the solicitation of which is
subject to the rules of the Commission pursuant to
subsection (a)) for a meeting of the shareholders
occurring on or after the date that is 6 months after
the date on which final rules are issued under
paragraph (4), at which shareholders are asked to
approve an acquisition, merger, consolidation, or
proposed sale or other disposition of all or
substantially all the assets of an issuer, the person
making such solicitation shall disclose in the proxy or
consent solicitation material, in a clear and simple
form in accordance with regulations to be promulgated
by the Commission, any agreements or understandings
that such person has with any named executive officers
of such issuer (or of the acquiring issuer, if such
issuer is not the acquiring issuer) concerning any type
of compensation (whether present, deferred, or
contingent) that is based on or otherwise relates to
the acquisition, merger, consolidation, sale, or other
disposition of all or substantially all of the assets
of the issuer and the aggregate total of all such
compensation that may (and the conditions upon which it
may) be paid or become payable to or on behalf of such
executive officer.
``(B) Shareholder approval.--Any proxy or consent
or authorization relating to the proxy or consent
solicitation material containing the disclosure
required by subparagraph (A) shall provide for a
separate shareholder vote to approve such agreements or
understandings and compensation as disclosed, unless
such agreements or understandings have been subject to
a shareholder vote under paragraph (1). A vote by the
shareholders shall not be binding on the issuer or the
board of directors of the issuer or the person making
the solicitation and shall not be construed as
overruling a decision by any such person or issuer, nor
to create or imply any additional fiduciary duty by any
such person or issuer.
``(3) Disclosure of votes.--Every institutional investment
manager subject to section 13(f) shall report at least annually
how it voted on any shareholder vote pursuant to paragraph (1)
or (2) of this section, unless such vote is otherwise required
to be reported publicly by rule or regulation of the
Commission.
``(4) Rulemaking.--Not later than 6 months after the date
of enactment of this Act, the Commission shall issue final
rules to implement this subsection.''.
(b) Disclosure Requirements.--
(1) In general.--The Commission shall amend section 229.402
of title 17, Code of Federal Regulations, to require each
issuer to disclose in any filing of the issuer described in
section 229.10(a) of title 17, Code of Federal Regulations (or
any successor thereto)--
(A) the median of the annual total compensation of
all employees of the issuer, except the chief executive
officer (or any equivalent position) of the issuer;
(B) the annual total compensation of the chief
executive officer (or any equivalent position) of the
issuer; and
(C) the ratio of the amount described in paragraph
(1) to the amount described in paragraph (2).
(2) Total compensation.--For purposes of this subsection,
the total compensation of an employee of an issuer shall be
determined in accordance with section 229.402(c)(2)(x) of title
17, Code of Federal Regulations, as in effect on the day before
the date of enactment of this Act.
SEC. 3. EXECUTIVE ACCOUNTABILITY FOR FAILURE OR FRAUD.
(a) Clawback.--
(1) Securities exchange act of 1934.--Section 16 of the
Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by
adding at the end the following:
``(h) Clawback Policy.--
``(1) Listing standards.--The Commission shall, by rule,
direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that does not comply with the requirements of this
subsection.
``(2) Recovery of funds.--The rules of the Commission under
paragraph (1) shall require each issuer to develop and
implement a policy providing that, in the event that the issuer
is required to prepare an accounting restatement due to the
material noncompliance of the issuer with any financial
reporting requirement under the securities laws, the issuer
shall--
``(A) recover from any current or former employee
of the issuer who received incentive-based compensation
(including stock options awarded as compensation) based
on the erroneous data, an amount equal to the
difference between the amount actually paid to the
employee and the amount that would have been paid to
the employee under the accounting restatement; and
``(B) disclose, together with the accounting
restatement--
``(i) a list of any bonuses or stock sales
by the employees of the issuer that are
affected by the accounting restatement,
including the amounts of such bonuses or stock
sales; and
``(ii) the extent to which the employees of
the issuer have repaid any amounts under
subparagraph (A).''.
(2) Sarbanes-oxley act of 2002.--Section 304 of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7243) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``, as a result of misconduct,'';
(ii) in paragraph (1), by striking ``12-
month'' and inserting ``2-year''; and
(iii) in paragraph (2), by striking ``12-
month'' and inserting ``2-year''; and
(B) by adding at the end the following:
``(c) Commencement of Action by Commission.--If the chief executive
officer or the chief financial officer of the issuer has not made a
reimbursement required under this section before the expiration of the
90-day period beginning on the date on which the accounting restatement
occurs, the Commission may commence an action on behalf of the issuer
to recover any funds that the chief executive officer or the chief
financial officer is required to reimburse under subsection (a).
``(d) Action by Shareholders.--
``(1) In general.--A shareholder of an issuer may commence
an action on behalf of the issuer in any district court of the
United States to recover any funds the chief executive officer
or the chief financial officer is required to reimburse under
subsection (a), if--
``(A) the Commission does not commence an action
under subsection (c) before the expiration of the 120-
day period following the date on which the accounting
restatement occurs; and
``(B) the chief executive officer or the chief
financial officer of the issuer has not made a
reimbursement required under this section as of the
date on which the action is commenced.
``(2) Stay of actions.--If more than 1 shareholder of an
issuer commences an action under this subsection with respect
to the same accounting restatement, a district court shall stay
all actions commenced by the shareholders, except for the
action commenced by the shareholder that owns the greatest
number of shares of the issuer.''.
(b) Shareholder Approval of Severance Agreements.--The Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting
after section 10A the following:
``SEC. 10B. SEVERANCE AGREEMENTS TIED TO PERFORMANCE.
``(a) Commission Rules.--
``(1) In general.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall, by rule,
direct each national securities exchange and national
securities association to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of subsection (b).
``(2) Opportunity to cure.--The rules issued under
paragraph (1) shall provide for appropriate procedures for an
issuer to have an opportunity to cure any defects that would be
the basis for such a prohibition before the imposition of such
prohibition.
``(3) Considerations.--The rules issued under paragraph (1)
shall be implemented with due regard for contracts in existence
on the date of enactment of this subsection.
``(b) Severance Agreements Tied to Performance.--The board of
directors of an issuer, or a committee of such board of directors, may
not enter into an agreement providing for severance payments to a
senior executive officer who is terminated for cause, as determined by
the board of directors.
``(c) Termination for Cause.--For purposes of this section, the
term `for cause', when used with respect to the termination of a senior
executive officer of an issuer, means termination due to--
``(1) the willful and continued failure of the senior
executive officer to perform substantially the duties of the
senior executive officer with respect to the issuer, unless
such failure is due to incapacity resulting from a physical or
mental illness of the senior executive officer;
``(2) the willful unapproved absenteeism of the senior
executive officer, unless such absenteeism is due to a
temporary or permanent disability of the senior executive
officer;
``(3) the senior executive officer willfully engaging in
misconduct that the board of directors of the issuer reasonably
believes does or may materially adversely affect the business
or operations of the issuer;
``(4) a material breach of an employment agreement by the
senior executive officer;
``(5) misconduct by the senior executive officer that is of
such a serious or substantial nature that a reasonable
likelihood exists that the misconduct would materially injure
the reputation of the issuer or a subsidiary of the issuer if
the senior executive officer were to remain employed by the
issuer;
``(6) harassment or discrimination by the senior executive
officer against the employees, customers, or vendors of the
issuer, in violation of the policies of the issuer;
``(7) the misappropriation of funds or assets of the issuer
by the senior executive officer for personal use;
``(8) the willful violation of the policies or standards of
business conduct of the issuer, as determined in good faith by
the board of directors of the issuer;
``(9) the disclosure of confidential information by the
senior executive officer in violation of the written policies
of the issuer that is demonstrably injurious to the issuer;
``(10) the conviction of the senior executive officer for,
or a plea of guilty or nolo contendere made by the senior
executive officer to, a charge of commission of a felony; or
``(11) any other action that the board of directors of the
issuer determines is detrimental or injurious to the issuer or
the shareholders of the issuer.''.
SEC. 4. LIMITATIONS ON EQUITY COMPENSATION OF EXECUTIVE OFFICERS.
Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p)
is amended by adding at the end the following:
``(j) Equity Compensation of Executive Officers.--
``(1) Definitions.--For purposes of this subsection--
``(A) the term `award of equity compensation' means
an award of share-based compensation; and
``(B) the term `executive officer' has the same
meaning as in section 240.3b-7 of title 17, Code of
Federal Regulations, or any successor thereto.
``(2) Listing standards.--The Commission shall, by rule,
direct each national securities exchange and registered
securities association to prohibit the listing of any security
of an issuer that does not comply with the requirements of this
subsection.
``(3) Limitations on equity compensation of executive
officers.--The rules of the Commission under paragraph (2)
shall prohibit an executive officer or member of the board of
directors of an issuer who receives an award of equity
compensation from selling more than--
``(A) 20 percent of the shares that the executive
officer or member of the board of directors is entitled
to receive during the first year following the vesting
of the award;
``(B) 40 percent of the shares that the executive
officer or member of the board of directors is entitled
to receive during the second year following the vesting
of the award, less any shares sold under subparagraph
(A);
``(C) 60 percent of the shares that the executive
officer or member of the board of directors is entitled
to receive during the third year following the vesting
of the award, less any shares sold under subparagraphs
(A) and (B); and
``(D) 80 percent of the shares that the executive
officer or member of the board of directors is entitled
to receive during the fourth year following the vesting
of the award, less any shares sold under subparagraphs
(A) through (C).
``(4) Vesting.--For purposes of this subsection, an award
of equity compensation vests on the date on which the right of
the individual who receives the award to receive or retain
shares under the award is no longer contingent on satisfaction
of a condition relating to the service or performance of the
individual.''. | Corporate Executive Accountability Act of 2010 - Amends the Securities Exchange Act of 1934 to require that any proxy or consent or authorization for an annual shareholders meeting provide for a separate non-binding shareholder vote to approve executive compensation for named executive officers.
Requires solicitations seeking shareholder approval of an acquisition, merger, consolidation, or proposed sale or other disposition of all (or substantially all) of the assets of an issuer to disclose any agreements with named executive officers of the disposing or the acquiring issuer regarding related compensation (golden parachute compensation).
Requires separate non-binding shareholder approval of disclosed golden parachute agreements and compensation, unless they have already been subject to a shareholder vote at an annual shareholders' meeting.
Directs the Securities and Exchange Commission (SEC) by rule to require: (1) each issuer to disclose in certain filings the ratio between the median of the annual total compensation of its employees and the annual total compensation of its chief executive officer; (2) the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer who does not comply with this Act; and (3) each issuer to develop a policy for recovery (clawback) of incentive-based compensation from a current or former employee if the issuer is required to prepare an accounting restatement because of material noncompliance with financial reporting requirements under the securities laws.
Amends the Sarbanes-Oxley Act of 2002 to authorize the SEC to commence an action on behalf of the issuer to recover any funds required to be reimbursed by either the chief executive officer or the chief financial officer if such officer has not complied with reimbursement requirements within 90 days after an accounting restatement.
Amends the Securities Exchange Act of 1934 to: (1) prohibit the board of directors of an issuer from entering into an agreement providing for severance payments to a senior executive officer terminated for cause; and (2) direct the SEC to require each national securities exchange and registered securities association to prohibit the listing of any security of an issuer in violation of specified limitations placed upon the equity compensation of executive officers. | A bill to give shareholders a vote on executive pay, to hold executives accountable for failure or fraud, to structure executive pay to encourage the long-term viability of companies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Leadership in Energy
Efficient Transportation Act of 2015'' or the ``FLEET Act of 2015''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide for the upgrade of the
vehicle fleet of the United States Postal Service, to improve mail
delivery services to benefit customers and the environment, to increase
savings by reducing maintenance or other costs, and to set benchmarks
to maximize fuel economy and reduce emissions for the Postal fleet with
the goal of making the Postal Service a national leader in efficiency
and technology innovation.
SEC. 3. AUTHORITY TO ENTER INTO ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 804(4) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a contract in which the United
States Postal Service is a party--
``(i) the purchase or lease of low emission
and fuel efficient vehicles;
``(ii) a measure to upgrade a vehicle
owned, operated, leased, or otherwise
controlled by or assigned to the United States
Postal Service to increase average fuel economy
and reduce the emissions of carbon dioxide of
such vehicle; or
``(iii) the construction or maintenance of
infrastructure, including electric vehicle
charging stations, to support vehicles
described in clauses (i) and (ii).''.
SEC. 4. AUTHORITY TO ENTER INTO UTILITY ENERGY SERVICE CONTRACTS.
Section 546 of the National Energy Conservation Policy Act (42
U.S.C. 8256) is amended in subsection (c)(1) by inserting ``(including
measures to support the use of low emission and fuel efficient vehicles
owned, operated, leased, or otherwise controlled by or assigned to the
United States Postal Service and measures to support construction and
maintenance of infrastructure to support such vehicles, including
electric vehicle charging stations)'', after ``demand''.
SEC. 5. UPGRADE OF POSTAL FLEET.
(a) Postal Fleet Requirements.--
(1) Motor vehicle standards.--The Postmaster General may
not award a contract for a contracted vehicle, or purchase or
lease a motor vehicle for use by the Postal Service, unless, at
a minimum--
(A) in the case of a passenger car, the car meets--
(i) with respect to emissions of carbon
dioxide, the more stringent of--
(I) the applicable standards
developed by the Environmental
Protection Agency under title II of the
Clean Air Act (42 U.S.C. 7521 et seq.);
or
(II) on average, less than 235
grams per mile; and
(ii) with respect to average fuel economy,
the more stringent of--
(I) the applicable average fuel
economy standards developed by the
National Highway Traffic Safety
Administration under chapter 329 of
title 49, United States Code; or
(II) 37.8 miles per gallon;
(B) in the case of a light truck, the truck meets--
(i) with respect to emissions of carbon
dioxide, the more stringent of--
(I) the applicable standards
developed by the Environmental
Protection Agency under title II of the
Clean Air Act (42 U.S.C. 7521 et seq.);
or
(II) on average, less than 310
grams per mile; and
(ii) with respect to average fuel economy,
the more stringent of--
(I) the applicable average fuel
economy standards developed by the
National Highway Traffic Safety
Administration under chapter 329 of
title 49, United States Code; or
(II) 28.8 miles per gallon; and
(C) in the case of a medium-duty or heavy-duty
vehicle, the vehicle complies with applicable
standards--
(i) for emissions of carbon dioxide
developed by the Environmental Protection
Agency under title II of the Clean Air Act (42
U.S.C. 7521 et seq.); and
(ii) for average fuel economy developed by
the National Highway Traffic Safety
Administration under chapter 329 of title 49,
United States Code.
(2) Applicability.--The standards described in paragraph
(1) shall apply to contracted vehicles and motor vehicles
purchased or leased for use by the Postal Service after the
date that is 1 year after the date of enactment of this Act.
(3) Reduction in consumption of petroleum products.--The
Postmaster General shall reduce the total consumption of
petroleum products by motor vehicles in the Postal fleet by a
minimum of 2 percent annually through the end of fiscal year
2026, relative to the baseline established for fiscal year
2005.
(b) Replacing Vehicles Within the Postal Fleet.--The Postmaster
General shall conduct a cost-benefit analysis of motor vehicles in the
Postal fleet to determine if the cost to maintain any such vehicle
outweighs the benefit or savings of replacing the vehicle.
(c) Route Requirements.--To inform and prioritize purchases, the
Postmaster General shall review and identify Postal delivery routes,
including geography and types of motor vehicle that could be used on
such routes, to determine if motor vehicles used on such routes can be
replaced with motor vehicles that use technologies that increase
average fuel economy or reduce emissions of carbon dioxide.
(d) Reporting Requirements.--The Postmaster General shall submit a
report to Congress--
(1) not later than 1 year after the date of enactment of
this Act, that contains a plan to achieve the requirements of
subsection (a) and recommendations for vehicle body design
specifications for motor vehicles purchased for the Postal
fleet that would increase average fuel economy and reduce
emissions of carbon dioxide of any such vehicle; and
(2) annually, that describes--
(A) the progress in meeting the annual target
described in subsection (a)(3); and
(B) any changes to Postal delivery routes or motor
vehicle purchase strategies made pursuant to subsection
(c).
(e) Restrictions.--To meet the requirements of this Act, the
Postmaster General may not--
(1) reduce the frequency of delivery of mail to fewer than
6 days each week;
(2) close post offices or postal distribution facilities;
(3) take any action that would restrict or diminish a
collective bargaining agreement or eliminate or reduce any
employee benefits; or
(4) enter into a contract with a private company to perform
duties that, as of the date of enactment of this Act, are
performed by bargaining unit employees.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Contracted vehicle.--The term ``contracted vehicle''--
(A) means any motor vehicle used in carrying out a
contract for surface mail delivery pursuant to section
5005(a)(3) of title 39, United States Code; and
(B) does not include any motor vehicle used in
carrying out a contract for surface mail delivery
pursuant to sections 406 and 407 of such title.
(2) Motor vehicle.--The term ``motor vehicle'' means any
self-propelled vehicle designed for transporting persons or
property on a street or highway.
(3) Postal delivery route.--The term ``Postal delivery
route'' means the transportation route for surface mail
delivery.
(4) Postal fleet.--The term ``Postal fleet'' means any
vehicle that is owned, operated, leased, or otherwise
controlled by or assigned to the Postal Service.
(5) Postal service.--The term ``Postal Service'' means the
United States Postal Service. | Federal Leadership in Energy Efficient Transportation Act of 2015 or the FLEET Act of 2015 Amends the National Energy Conservation Policy Act to expand the definition of "energy or water conservation measure" under such Act to include, in the case of a contract in which the U.S. Postal Service (USPS) is a party: (1) the purchase or lease of low emission and fuel efficient vehicles; (2) the upgrade of USPS vehicles to increase average fuel economy and reduce carbon dioxide emissions; or (3) the construction or maintenance of infrastructure to support such vehicles, including electric vehicle charging stations. Expands the program of agency incentives for conserving energy to include in utility incentive programs measures to support the use of low emission and fuel efficient USPS vehicles. Prohibits USPS from awarding a contract for a vehicle, or purchasing or leasing a vehicle for use by USPS, including a passenger car, light truck, or medium or heavy-duty vehicle, unless the vehicle meets certain minimum carbon dioxide emissions standards and average fuel economy standards. Prohibits USPS from meeting the requirements of this Act by: (1) reducing the frequency of mail delivery, (2) closing post offices or postal distribution facilities, (3) taking any action to restrict or diminish a collective bargaining agreement or eliminate or reduce employee benefits, or (4) entering into a contact with a private company to perform duties that are currently performed by postal employees who are bargaining unit employees. | FLEET Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Development Block Grant
Renewal Act''.
SEC. 2. LOW- AND MODERATE-INCOME TARGETING REQUIREMENT.
(a) Targeting Assistance to Low-Income Families.--
(1) In general.--Section 101(c) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301(c)) is
amended--
(A) by striking ``not less than 70 percent'';
(B) by inserting ``80 percent'' after ``section
108,''; and
(C) by striking ``and the Federal assistance'' and
inserting the following: ``and not less than 40 percent
of such aggregate assistance and funds shall be used
for the support of activities that directly benefit
persons of low income. The Federal assistance''.
(2) Conforming amendments.--The Housing and Community
Development Act of 1974 is amended--
(A) in section 104 (42 U.S.C. 5304)--
(i) in subsection (a)(2)(A), by inserting
``and persons of low income'' after ``moderate
income'';
(ii) in subsection (b)(3)--
(I) in clause (A), by striking ``70
percent of such funds are used for
activities that benefit such persons
during such period'' and inserting ``80
percent of such funds are used for
support of activities that benefit
persons of low and moderate income
during such period, and 40 percent of
such funds are used for support of
activities that benefit persons of low
income during such period''; and
(II) in clause (B), by inserting
``or persons of low income'' after
``moderate income''; and
(iii) in the third sentence of subsection
(e), by inserting ``and persons of low income''
before the period at the end; and
(B) in section 106(d)(2)(D) (42 U.S.C.
5306(d)(2)(D)), by inserting ``and the needs of persons
of low income'' before the last comma.
(b) Treatment of Downtown Areas.--Section 105(c)(2)(A) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5305(c)(2)(A)), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new clause:
``(iv) Notwithstanding any other provision of this subparagraph, an
activity that is designed to serve an area generally shall not be
considered to principally benefit persons of low or moderate income, or
to principally benefit persons of low income, if such activity serves
an area that is not primarily residential in character.''.
(c) Ensuring Direct Benefit.--Section 105(c) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(c)) is amended by
adding at the end the following new paragraph:
``(5) In determining whether an assisted activity benefits persons
of low and moderate income or persons of low income, for purposes of
compliance with the requirements of section 101(c) and certification of
such compliance in accordance with section 104(b)(3), the grantee shall
consider the full range of direct effects of the assisted activity.''.
SEC. 3. PROPORTIONAL TREATMENT OF BENEFIT FOR LOW- AND MODERATE-INCOME
FAMILIES.
(a) Development and Economic Development Activities.--Section
105(c)(1) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or persons of low income'' before the comma;
(2) in subparagraph (A), by inserting ``or of low income,
as applicable,'' after ``moderate income''; and
(3) in subparagraphs (B) and (C), by inserting ``or of low
income, as applicable'' after ``moderate income'' each place
such term appears.
(b) Area Benefit Activities.--Section 105(c)(2)(A) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5305(c)(2)(A)) is
amended--
(1) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(2) by inserting ``(i)'' after ``(2)(A)'';
(3) by inserting ``(but only to the extent provided in
clause (ii)) only'' after ``principally benefit persons of low
and moderate income''; and
(4) by adding at the end the following new clause:
``(ii) In the case of any assisted activity that is designed to
serve an area generally and that, pursuant to clause (i), is considered
to principally benefit persons of low and moderate income or persons of
low income, amounts provided under this title and used for such
activity shall be considered, for purposes of compliance with the
requirements of section 101(c), to support an activity that benefits
low and moderate income persons or persons of low income, as
applicable, in the same proportion as the proportion of the population
of such area that is comprised of persons of low and moderate income or
persons of low income, as applicable.''.
(c) Housing Activities.--Section 105(c)(3) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(c)(3)) is amended--
(1) by striking ``or rehabilitation'' and inserting ``,
rehabilitation, or new construction''; and
(2) by striking ``only to the extent'' and all that follows
and inserting the following: ``or persons of low income, as
applicable, for purposes of compliance with the requirements of
section 101(c), in the amount determined by multiplying (A) the
amount of funds provided under this title that are used for
such activity, by (B) the percentage of the units in such
housing that, upon completion, will be occupied by such
persons.''.
(d) Job Creation Activities.--Section 105(c) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(c)) is amended by
striking paragraph (4) and inserting the following new paragraph:
``(4) Any assisted activity described in paragraph (14) or (17) of
subsection (a) that is identified as principally benefiting persons of
low or moderate income or persons of low income, by reason of
compliance with paragraph (1)(C) of this subsection, shall be
considered to benefit such persons, for purposes of compliance with the
requirements of section 101(c), in the amount determined by multiplying
(A) the amount of funds provided under this title that are used for
such activity, by (B) the percentage of employees involved in the
activity that are persons of low and moderate income or persons of low
income, as applicable.''.
SEC. 4. PUBLIC PARTICIPATION.
Section 104(a) of the Housing and Community Development Act of 1974
(42 U.S.C. 5304(a)) is amended by adding at the end the following new
paragraph:
``(4) For purposes of this subsection, the term `public hearing'
means a hearing that is subject to, and held in accordance with, any
State and local laws regarding requirements for public hearings of the
jurisdiction that is the grantee.''.
SEC. 5. PUBLIC MONITORING.
Section 105(a) of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting a semicolon; and
(3) by inserting after paragraph (23) the following new
paragraph:
``(24) provision of assistance to nonprofit organizations
representing low- and moderate-income persons for--
``(A) monitoring the use, by recipients, of funds
provided under this title; or
``(B) promoting or providing for public
participation required under paragraphs (1) through (3)
of section 104(a);
except that assistance under this paragraph shall not be
considered a planning activity under paragraph (12) of this
subsection, an administrative cost under paragraph (13), or a
public service under paragraph (8); and''.
SEC. 6. APPLICABILITY.
The amendments made by this Act shall apply with respect to fiscal
year 2002 and all fiscal years thereafter and to amounts appropriated
for such fiscal years for community development block grants under
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) . | Community Development Block Grant Renewal Act - Amends the Housing and Community Development Act of 1972 to increase the amount of community development assistance targeted to low- and moderate-income families, including job creation and area and economic development activities. | To amend title I of the Housing and Community Development Act of 1974 to ensure that communities receiving community development block grants use such funds to benefit low- and moderate-income families. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Holocaust
Accountability in Insurance Measure''.
TITLE I--PROVISIONS APPLICABLE WITH RESPECT TO CERTAIN FOREIGN
INSURANCE COMPANIES
SEC. 101. PROHIBITION.
(a) In General.--Any foreign insurance company listed in subsection
(b) may not conduct any form of business in the United States,
including participating, directly or indirectly, in any aspect of the
payment system within the jurisdiction of the United States (including
any clearing or electronic fund transfer system) or conducting any
business with a United States bank, unless the company discloses to the
Attorney General, in accordance with subsection (c), the name of any
individual with which the company had any financial dealing and which
is on the list of Jewish Holocaust Survivors maintained by the United
States Holocaust Memorial Museum in Washington, D.C., or the list of
individuals who died in the Holocaust maintained by the Yad Veshem of
Jerusalem in its Hall of Names.
(b) Insurance Companies.--The foreign insurance companies referred
to in subsection (a) are as follows:
(1) Assicurazioni Generali S.p.A.
(2) Union Des Assurances de Paris.
(3) Victoria Lebenversicherungs AG.
(4) Winterthur Lebensversicherungs Gesellschaft.
(5) Allianz Lebensversicherungs AG.
(6) Wiener Allianz Versicherungs AG.
(7) Riunione Adriatica di Sicurta.
(8) Vereinte Lebensversicherungs AG.
(9) Basler Lebens-Versicherungs Gesellschaft.
(10) Deutscher Ring Lebensversicherungs AG.
(11) Nordstern Lebensversicherungs AG.
(12) Gerling Konzern Lebensversicherungs AG.
(13) Manheimer Lebensversicherung AG.
(14) Der Anker.
(15) Allgemeine Versicherungs AG.
(16) Zuerich Lebensversicherungs Gesellschaft.
(17) Any other foreign insurance company which was in a
position to have financial dealings with any individual who was
subject to the Holocaust.
(c) Attorney General.--The Attorney General shall designate an
office in the Department of Justice to which disclosures shall be made
in accordance with subsection (a). Such office shall take such action
as may be appropriate to make the disclosures available to the public.
TITLE II--PROVISIONS APPLICABLE TO UNITED STATES BANKING INSTITUTIONS
SEC. 201. LIMITATION ON INSURED DEPOSITORY INSTITUTIONS.
(a) In General.--Section 18 of the Federal Deposit Insurance Act
(12 U.S.C. 1828) is amended by adding at the end the following new
subsection:
``(t) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No insured depository institution may
accept any deposit from, maintain any deposit on behalf of,
offer or provide payment services to or on behalf of,
participate directly or indirectly in any aspect of the payment
system (including any clearing or electronic fund transfer
system) for or on behalf of, hold any credit balance for, make
any loan or other extension of credit to or for the benefit of,
or engage in any other financial activity or transaction with
or on behalf of any foreign insurance company listed in section
101(b) (including any company the Attorney General determines
is described in paragraph (17) of such section) or any
affiliate of such company during the period beginning 15 days
after the enactment of the Comprehensive Holocaust
Accountability in Insurance Measure and ending on the date on
which the Attorney General provides notice through publication
in the Federal Register that such company has complied with the
disclosure requirements contained in section 101(a) of such
Act.
``(2) Limited exception for affiliates.--
``(A) In general.--If an insured depository
institution is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock in such insured depository
institution which are held by the foreign
insurance company or any affiliate of such
company; or
``(ii) the investment of additional capital
in such insured depository institution by the
foreign insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General or
the appropriate Federal banking agency may prescribe.''.
SEC. 202. LIMITATION ON UNINSURED BRANCHES, AGENCIES, AND COMMERCIAL
LENDING COMPANY AFFILIATES OF FOREIGN BANKS.
Section 7 of the International Banking Act of 1978 (12 U.S.C. 3105)
is amended by adding at the end the following new subsection:
``(t) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No branch, agency, or commercial lending
company which is controlled by a foreign bank may accept any
deposit from, maintain any deposit on behalf of, offer or
provide payment services to, participate directly or indirectly
in any aspect of the payment system (including any clearing or
electronic fund transfer system) for or on behalf of, hold any
credit balance for, make any loan or other extension of credit
to or for the benefit of, or engage in any other financial
activity or transaction with or on behalf of any foreign
insurance company listed in section 101(b) (including any
company the Attorney General determines is described in
paragraph (17) of such section) or any affiliate of such
company during the period beginning 15 days after the enactment
of the Comprehensive Holocaust Accountability in Insurance
Measure and ending on the date on which the Attorney General
provides notice through publication in the Federal Register
that such company has complied with the disclosure requirements
contained in section 101(a) of such Act.
``(2) Limited exception for affiliates.--
``(A) In general.--If a branch, agency, or
commercial lending company which is controlled by a
foreign bank is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock or a similar investment in such
branch, agency, or company which are held by
the foreign insurance company or any affiliate
of such company; or
``(ii) the investment of additional capital
in branch, agency, or company by the foreign
insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General, the
Board, the Comptroller of the Currency, or the Federal
Deposit Insurance Corporation may prescribe.''. | TABLE OF CONTENTS:
Title I: Provisions Applicable with Respect to Certain
Foreign Insurance Companies
Title II: Provisions Applicable to United States Banking
Institutions
Comprehensive Holocaust Accountability in Insurance Measure -
Title I: Provisions Applicable with Respect To Certain Foreign Insurance Companies
- Identifies those foreign insurance companies which, as a prerequisite to conducting any form of business in the United States (or with a U.S. bank), must first disclose to the Attorney General the name of any individual with whom such companies had any financial dealing and who is on the list of Jewish Holocaust Survivors maintained by the United States Holocaust Museum in Washington D.C., or the list of individuals who died in the Holocaust maintained by the Yad Veshem of Jerusalem in its Hall of Names.
Directs the Attorney General to designate an office in the Department of Justice: (1) to which such disclosures shall be made; and (2) which shall make such names public.
Title II: Provisions Applicable To United States Banking Institutions
- Amends the Federal Deposit Insurance Act and the International Banking Act of 1978 to prohibit insured depository institutions and foreign bank-controlled commercial lending companies (with a limited exception for affiliates of foreign insurance companies) from engaging in specified financial transactions with or on behalf of a foreign insurance company listed under title I (including any affiliate) during a specified period until the Attorney General publishes in the Federal Register that such company has complied with the disclosure requirements of this Act. | Comprehensive Holocaust Accountability in Insurance Measure |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean, Renewable Jet Fuel Act''.
SEC. 2. LOANS FOR QUALIFYING JET FUEL PRODUCTION PROJECTS.
(a) Definitions.--In this section:
(1) Direct loan.--The term ``direct loan'' has the meaning
given the term in section 502(1) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(1)).
(2) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means an amount of
emissions determined though the same methodology used by the
Environmental Protection Agency to evaluate lifecycle
greenhouse gas emissions under section 211(o) of the Clean Air
Act (42 U.S.C. 7545).
(3) Market price.--The term ``market price'' means the
weekly average closing price of the front month contract for
West Texas Intermediate futures on the New York Mercantile
Exchange.
(4) Qualifying jet fuel project.--The term ``qualifying jet
fuel project'' means a project located in the United States
that produces at least 25,000,000 gallons per year of liquid
aviation turbine fuel or blending component that--
(A) as produced has at least 50 percent less
lifecycle greenhouse gas emissions than petroleum;
(B) is produced from renewable biomass, as defined
in section 211(o)(1)(I) of the Clean Air Act (42 U.S.C.
7545(o)(1)(I)); and
(C) meets, or can be blended with other components
to produce a fuel that meets, an American Society of
Testing and Materials (ASTM) standard for aviation
turbine fuels.
(5) Sales.--The term ``sales'' means the volume of jet fuel
described in paragraph (4) that has been sold to the open
market after being produced from a project, as specified in an
agreement entered into under subsection (b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Strike price.--The term ``strike price'' means a
specified price below which the United States shall make
payments in the form of a loan to the owner or operator of a
qualified jet fuel project and above which the owner or
operator of a qualified jet fuel project shall repay the loan
under the terms specified by an agreement entered into under
subsection (b).
(b) Loans.--
(1) Loan authority.--The Secretary shall enter into a
standby loan agreement under this section with the owners or
operators of not more than 10 qualifying jet fuel projects.
Such an agreement shall--
(A) provide that the Secretary shall make a direct
loan for the project;
(B) define the primary term of the agreement, which
shall not exceed the lesser of 10 years or 75 percent
of the projected useful life of the project (as
determined by the Secretary); and
(C) define the full term of the agreement, which
shall not exceed the lesser of 20 years or 90 percent
of the project useful life of the project (as
determined by the Secretary).
(2) Strike price methodology.--The strike price shall be
determined by an auction process. The Secretary shall conduct 3
auctions over a period of 2 years. The 3 auctions shall be
structured in order to ensure, to the maximum extent possible,
that number of projects awarded under each auction is the same.
(3) Loan disbursements.--A loan made under this section
shall be disbursed during the primary term of the loan
agreement whenever the market price falls below the strike
price. The amount of such disbursement shall be equal to the
excess of the strike price over the market price in each given
week, times the sales of the project for the following week
(but not more than a total level of disbursements specified in
the agreement).
(4) Loan repayments.--The Secretary shall establish terms
and conditions, including interest rates and amortization
schedules, for the repayment of such loan within the full term
of the loan agreement, subject to the following limitations:
(A) In any calendar quarter during the primary term
of the agreement the loan recipient may elect to defer
some or all of its repayment obligations due in that
quarter if any new loan disbursements have been made in
that quarter. Any unpaid obligations will continue to
accrue interest.
(B) If in any calendar quarter during the primary
term of the agreement the market price is greater than
the strike price, the loan recipient shall meet its
scheduled repayment obligation plus deferred repayment
obligations, but shall not be required to pay in that
quarter an amount that is more than the excess of the
market price over the strike price, times the output of
the project.
(C) Unless the Secretary determines otherwise, at
the end of the primary term of the agreement, the
cumulative amount of any remaining repayment
obligations, together with accrued interest, shall be
amortized (with interest) over the remainder of the
full term of the agreement.
(c) Compliance With Federal Credit Reform Act.--Loans under this
section shall be subject to the requirements of the Federal Credit
Reform Act of 1990. | Clean, Renewable Jet Fuel Act - Directs the Secretary of Agriculture (USDA) to enter into a standby loan agreement with the owners or operators of not more than 10 qualifying jet fuel projects.
Defines "qualifying jet fuel project" as a project located in the United States that produces at least 25 million gallons per year of liquid aviation turbine fuel or blending component that: (1) has at least 50% less lifecycle greenhouse gas emissions than petroleum; (2) is produced from renewable biomass; and (3) meets, or can be blended to produce a fuel that meets, an American Society of Testing and Materials (ASTM) standard for aviation turbine fuels. | To authorize the Secretary of Agriculture to make loans to qualified projects for the production of renewable source jet fuel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Savings Account Act of
2008''.
SEC. 2. WORKER SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408A the following new section:
``SEC. 408B. WORKER SAVINGS ACCOUNTS.
``(a) In General.--
``(1) Treated in same manner as ira.--Except as provided in
this section, a worker savings account shall be treated for
purposes of this title in the same manner as an individual
retirement plan.
``(2) Separate application of rules.--Rules made applicable
by reason of this paragraph shall be applied separately with
respect to worker savings accounts and individual retirement
plans of the individual.
``(b) Worker Savings Account.--For purposes of this title, the term
`worker savings account' means an individual retirement plan (as
defined in section 7701(a)(37)) which is designated (in such manner as
the Secretary may prescribe) at the time of establishment of the plan
as a worker savings account.
``(c) Contributions.--
``(1) Employer contributions.--For purposes of this
section, the amount in effect under section 219(b)(5)(A), with
respect to an individual for a taxable year, shall be increased
by the lesser of--
``(A) $5,000, or
``(B) the amounts contributed for the taxable year
to the individual's worker savings account by all
employers of the individual.
``(2) Worker savings account refund payment.--Section
408(a)(1) shall not apply with respect to a payment under
section 6431.
``(3) Contributions after receipt of social security
benefits.--Except in the case of a rollover contribution
described in subsection (e)(1), no contributions may be made to
an individual's worker savings account during calendar years
beginning after the first month such individual begins
receiving amounts by reason of entitlement to a monthly benefit
under title II of the Social Security Act.
``(d) Treatment of Distributions.--
``(1) In general.--Any amounts distributed from a worker
savings account shall be included in gross income, unless such
amount is a qualified unemployment distribution.
``(2) Qualified unemployment distribution.--For purposes of
this section--
``(A) In general.--The term `qualified unemployment
distribution' means any amount distributed--
``(i) during a period of unemployment of
the account beneficiary which is by reason of
termination of employment (other than for gross
misconduct of the account beneficiary), or
``(ii) not earlier than the first month the
account beneficiary receives an amount by
reason of entitlement to a monthly benefit
under title II of the Social Security Act.
``(3) Disability distribution.--Paragraph (1) shall not
apply to any amount paid or distributed on or after disability
(within the meaning of section 72(m)(7)) of the account
beneficiary.
``(4) Other distribution rules.--
``(A) Excess contributions; transfer of account
incident to divorce.--Rules similar to the rules of
paragraphs (4) through (6) of section 408(d) shall
apply for purposes of this section.
``(B) No minimum distribution requirement prior to
death.--Notwithstanding subsections (a)(6) and (b)(6),
section 401(a)(9) and the incidental death benefit
requirement of section 401(a) shall not apply for
purposes of this subsection.
``(C) Treatment after death of account
beneficiary.--Rules similar to the rules of paragraph
(8) of section 223(f) shall apply for purposes of this
section.
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Rollover contributions.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of clauses (i) and (ii).
``(A) In general.--Paragraph (1) shall not apply to
any amount paid or distributed from a worker savings
account to the account holder to the extent--
``(i) the entire amount received is paid
into a worker savings account for the benefit
of such holder not later than the 60th day
after the day on which the holder receives the
payment or distribution, or
``(ii) the entire amount received is paid
into an eligible retirement plan (as defined in
section 408(d)(3)) for the benefit of such
holder not later than the 60th day after the
day on which the holder receives the payment or
distribution, except that the maximum amount
which may be paid into such plan may not exceed
the portion of the amount received which is
includible in gross income (determined without
regard to this paragraph).
``(B) Limitation.--This paragraph shall not apply
to any amount described in paragraph (A) received by an
individual from a worker savings account if, at any
time during the 1-year period ending on the day of such
receipt, such individual received any other amount
described in subparagraph (A) from a worker savings
account which was not includible in the individual's
gross income because of the application of this
paragraph.
``(2) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the worker savings account
is established.
``(f) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2009, the dollar amount contained in
subsection (c)(1) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2008' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $100.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Worker savings accounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. PORTION OF SAVER'S CREDIT REFUNDABLE.
(a) In General.--Section 25B of such Code (relating to elective
deferrals and IRA contributions by certain individuals) is amended by
adding at the end the following new subsection:
``(h) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) $1,000, or
``(B) the amount of the credit attributable to
qualified retirement savings contributions made by the
individual to worker savings accounts which would be
allowed under this section (without regard to this
subsection and the limitation under section 26(a)(2) or
subsection (g), as the case may be).
The amount of the credit allowed under this subsection shall not be
treated as a credit allowed under this subpart and shall reduce the
amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (g), as the case may be.
``(2) Limitation.--The amount of the credit allowed under
this section for any taxable year shall not exceed an amount
equal to the excess (if any) of--
``(A) $5,000, over
``(B) the aggregate amount of credits allowed under
this subsection for all prior taxable years.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, each of the
dollar amounts contained in paragraphs (1) and (2) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $100.''.
(b) Refund Payable to Worker Savings Account.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6431. WORKER SAVINGS ACCOUNT REFUND PAYMENT.
``(a) In General.--In the case of a credit allowed to an individual
which is attributable to an increase under section 25B(h), the
Secretary shall pay the amount of such credit into the designated
retirement account of the individual.
``(b) Designated Retirement Account.--The term `designated
retirement account' means any worker savings account of the
individual--
``(1) which is designated (in such form and manner as the
Secretary may provide) on the individual's return of tax for
the taxable year to receive the payment under subsection (a),
and
``(2) which, under the terms of the account, accepts the
payment described in paragraph (1).''.
(2) Clerical amendment.--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. Worker savings account refund payment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. NO INFERENCE AS TO STATE AND FEDERAL UNEMPLOYMENT COMPENSATION.
No provision of this Act (including the amendments made thereby)
shall be construed to--
(1) diminish an employer's obligation to pay any applicable
State and Federal unemployment taxes (or any other amount
required under State or Federal law to be paid into an
unemployment fund), or
(2) reduce the amount of unemployment compensation (as
defined in section 85(b) of the Internal Revenue Code of 1986)
to which an individual is entitled. | Worker Savings Account Act of 2008 - Amends the Internal Revenue Code to: (1) establish worker savings accounts to make payments to workers during periods of unemployment; (2) treat such accounts in the same manner as individual retirement accounts (IRAs) for tax purposes; (3) allow employer matching contributions to such accounts; (4) make a portion of the tax credit for contributions to retirement accounts (saver's credit) refundable; and (5) require increases in the saver's credit to be paid into a worker savings account.
Provides that no provision of this Act shall be construed to diminish an employer's obligation to pay federal and state unemployment taxes or to reduce the amount of unemployment compensation to which a worker may be entitled. | To amend the Internal Revenue Code of 1986 to provide for tax-favored unemployment savings accounts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Elder Care Relief and
Empowerment (SECURE) Act''.
SEC. 2. CREDIT FOR ELDER CARE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25B the following new section:
``SEC. 25C. ELDER CARE EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter 50
percent of so much of the qualified elder care expenses paid or
incurred by the taxpayer with respect to each qualified senior citizen
as exceeds $1,000.
``(b) Qualified Senior Citizen.--For purposes of this section, the
term `qualified senior citizen' means an individual--
``(1) who has attained normal retirement age (as determined
under section 216 of the Social Security Act) before the close
of the taxable year,
``(2) who is a chronically ill individual (within the
meaning of section 7702B(c)(2)(B)), and
``(3) who is--
``(A) the taxpayer,
``(B) a family member (within the meaning of
section 529(e)(2)) of the taxpayer, or
``(C) a dependent (within the meaning of section
152) of the taxpayer.
``(c) Qualified Elder Care Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified elder care expenses'
means expenses paid or incurred by the taxpayer with respect to
the qualified senior citizen for--
``(A) qualified long-term care services (as defined
in section 7702B(c)),
``(B) respite care, or
``(C) adult day care.
``(2) Exceptions.--The term `qualified elder care expenses'
does not include--
``(A) any expense to the extent such expense is
compensated for by insurance or otherwise, and
``(B) any expense paid to a nursing facility (as
defined in section 1919 of the Social Security Act).
``(d) Other Definitions and Special Rules.--
``(1) Adult day care.--The term `adult day care' means care
provided for a qualified senior citizen through a structured,
community-based group program which provides health, social,
and other related support services on a less than 16-hour per
day basis.
``(2) Respite care.--The term `respite care' means planned
or emergency care provided to a qualified senior citizen in
order to provide temporary relief to a caregiver of such senior
citizen.
``(3) Married individuals.--Rules similar to the rules of
paragraphs (2), (3), and (4) of section 21(e) shall apply for
purposes of this section.
``(4) No double benefit.--No deduction or other credit
under this chapter shall take into account any expense taken
into account for purposes of determining the credit under this
section.
``(5) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(6) Identifying information required with respect to
qualified senior citizens.--No credit shall be allowed under
this section with respect to any qualified senior citizen
unless the TIN of such senior citizen is included on the return
claiming the credit.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2)(H) (relating to mathematical or
clerical error) is amended by inserting ``, section 25C
(relating to elder care expenses),'' after ``employment)''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 25B
the following new item:
``Sec. 25C. Elder care expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses incurred in taxable years beginning after December
31, 2003. | Senior Elder Care Relief and Empowerment (SECURE) Act - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for 50 percent of expenses exceeding $1,000 that are incurred for the care of chronically ill individuals who have attained normal retirement age (as determined under the Social Security Act). Allows the credit for certain long-term care services, respite care, or adult day care, but disqualifies expenses that are compensated by insurance or paid to a nursing facility. | A bill to amend the Internal Revenue Code of 1986 to allow a nonrefundable tax credit for elder care expenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silent Skies Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft and airport noise is one of the most common
``quality of life'' nuisance issues in neighborhoods throughout
the United States; and
(2) the chapter 14 aircraft noise certification standard
(to be known as stage 5) became applicable to new type design
aircraft in 2014 pursuant to an agreement signed by the
International Civil Aviation Organization, of which the United
States is a member.
SEC. 3. AIRCRAFT NOISE REDUCTION TECHNOLOGY RESEARCH, DEVELOPMENT, AND
IMPLEMENTATION PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of title
49, United States Code, is amended by adding at the end the following:
``Sec. 47511. Aircraft noise reduction technology research,
development, and implementation partnership
``(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into a cooperative agreement, using a
competitive process, with an institution, entity, or consortium to
carry out a program for the development, maturing, and certification of
aircraft technology that will assist in-service and in-production civil
turbojets that have noise levels greater than the levels specified in
stage 4 noise standards in complying with such noise standards, as
required under subchapter II of this chapter, or more stringent noise
standards.
``(b) Terms and Conditions.--The Administrator may include in a
cooperative agreement entered into under this section terms and
conditions requiring a recipient of funds under the cooperative
agreement--
``(1) to conduct activities under the cooperative agreement
on a cost-shared basis, using Federal and non-Federal funds;
and
``(2) to make repayments to the United States of all or a
portion of the amounts received by the recipient under the
cooperative agreement, if an aircraft technology developed
under the cooperative agreement results in revenues for the
recipient.
``(c) Funding.--Of amounts appropriated under section 48102(a), not
more than $10,000,000 for each of fiscal years 2017, 2018, and 2019 may
be used to carry out this section.
``(d) Report.--Beginning in fiscal year 2017, the Administrator
shall publish an annual report on the program established under this
section until completion of the program.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``47511. Aircraft noise reduction technology research, development, and
implementation partnership.''.
SEC. 4. PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT COMPLYING WITH
STAGE 4 NOISE LEVELS.
(a) In General.--Subchapter II of chapter 475 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 47535. Limitation on operating certain aircraft not complying
with stage 4 noise levels
``(a) Regulations.--Not later than December 31, 2016, the Secretary
of Transportation, in consultation with the International Civil
Aviation Organization, shall issue regulations to establish minimum
standards for civil turbojets to comply with stage 4 noise levels.
``(b) General Rule.--The Secretary shall issue regulations to
ensure that, except as provided in section 47529--
``(1) 25 percent of the civil turbojets with a maximum
weight of more than 75,000 pounds operating after December 31,
2022, to or from airports in the United States comply with the
stage 4 noise levels established under subsection (a);
``(2) 50 percent of such turbojets operating after December
31, 2027, to or from airports in the United States comply with
the stage 4 noise levels;
``(3) 75 percent of such turbojets operating after December
31, 2032, to or from airports in the United States comply with
the stage 4 noise levels; and
``(4) 100 percent of such turbojets operating after
December 31, 2037, to or from airports in the United States
comply with the stage 4 noise levels.
``(c) Foreign-Flag Aircraft.--
``(1) International standards.--The Secretary shall request
the International Civil Aviation Organization to add to its
Work Programme the consideration of international standards for
the phase-out of aircraft that do not comply with stage 4 noise
levels.
``(2) Enforcement.--The Secretary shall enforce the
requirements of this section with respect to foreign-flag
aircraft only to the extent that such enforcement is consistent
with United States obligations under international agreements.
``(d) Annual Report.--Beginning with calendar year 2020--
``(1) each air carrier shall submit to the Secretary an
annual report on the progress the carrier is making toward
complying with the requirements of this section and regulations
issued to carry out this section; and
``(2) the Secretary shall submit to Congress an annual
report on the progress being made toward that compliance.
``(e) Recertification Not Required.--
``(1) Limitation on statutory construction.--Nothing in
this section may be construed to require the recertification of
a civil turbojet that has been retrofitted to comply with or
otherwise already meets the stage 4 noise levels established
under subsection (a).
``(2) Means of demonstrating compliance with stage 4 noise
levels.--The Secretary shall specify means for demonstrating
that an aircraft complies with stage 4 noise levels without
requiring recertification.''.
(b) Nonaddition Rule.--
(1) In general.--Section 47529 of such title is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``subsonic''; and
(II) by striking ``November 4,
1990'' and inserting ``December 31,
2020'';
(ii) in paragraph (1) by striking ``stage
3'' and inserting ``stage 4''; and
(iii) in paragraph (2) by striking
``November 5, 1990'' and inserting ``January 1,
2021'';
(B) in subsection (b) by striking ``stage 3'' and
inserting ``stage 4''; and
(C) in subsection (c)(1) by striking ``November 5,
1990'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this subsection
take effect on December 31, 2020.
(c) Conforming Amendments.--
(1) In general.--Chapter 475 of such title is amended--
(A) in the chapter analysis--
(i) by striking the item relating to
section 47530 and inserting the following:
``47530. Nonapplication of certain requirements to aircraft outside the
48 contiguous States.'';
and
(ii) by adding at the end the following:
``47535. Limitation on operating certain aircraft not complying with
stage 4 noise levels.'';
(B) in section 47530--
(i) by striking the section designation and
heading and inserting the following:
``Sec. 47530. Nonapplication of certain requirements to aircraft
outside the 48 contiguous States'';
(ii) by striking ``and 47529'' and
inserting ``, 47529, and 47535'';
(iii) by striking ``subsonic'';
(iv) by striking ``November 4, 1990'' and
inserting ``December 31, 2020''; and
(v) by striking ``stage 3'' and inserting
``stage 4''; and
(C) in section 47531 by striking ``or 47534'' and
inserting ``47534, or 47535''.
(2) Effective date.--The amendments made by clauses (iii),
(iv), and (v) of paragraph (1)(B) take effect on December 31,
2020.
SEC. 5. STANDARDS FOR ISSUANCE OF TYPE CERTIFICATES.
(a) Applicability of Stage 5 Noise Standards to Civil Turbojets
With a Maximum Weight of More Than 75,000 Pounds.--On and after
December 31, 2017, the Secretary of Transportation may not issue a type
certificate for a civil turbojet with a maximum weight of more than
75,000 pounds unless the person applying for the type certificate
demonstrates that the civil turbojet complies with stage 5 noise
levels.
(b) Applicability of Stage 5 Noise Standards to All Civil
Turbojets.--On and after December 31, 2020, the Secretary may not issue
a type certificate for any civil turbojet unless the person applying
for the type certificate demonstrates that the civil turbojet complies
with stage 5 noise levels. | Silent Skies Act of 2015 This bill directs the Federal Aviation Administration to enter into a competitive cooperative agreement with an institution, entity, or consortium to carry out a program for the development of aircraft technology that will assist in-service and in-production civil turbojets not meeting stage 4 noise standards to comply with those or more stringent standards. The Department of Transportation (DOT) must: (1) issue regulations to establish minimum standards to ensure that graduated percentages of civil turbojets weighing over 75,000 pounds comply with the stage 4 noise levels by specified dates, and (2) report annually on the progress made by air carriers in complying with such standards. 100% of such turbojets operating after December 31, 2037, must comply with stage 4 levels. DOT shall request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft that do not comply with stage 4 noise levels. The requirements of this Act shall not apply to civil turbojet aircraft that operate outside of the 48 contiguous states. DOT may not issue a type certificate for: (1) a civil turbojet with a maximum weight of more than 75,000 pounds on and after December 31, 2017, unless the applicant demonstrates that such turbojet complies with stage 5 noise levels; and (2) any civil turbojet on and after December 31, 2020, unless the applicant demonstrates that such turbojet complies with stage 5 noise levels. | Silent Skies Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diploma and Accreditation Integrity
Protection Act of 2009''.
SEC. 2. PURPOSE; DEFINITIONS.
(a) Purpose.--The purpose of this Act is to protect institutions of
higher education, businesses and other employers, professional
licensing boards, patients and clients of degree holders, taxpayers,
and other individuals from any person claiming to possess a legitimate
academic degree that in fact was issued by a fraudulent or nonexistent
school, by a non-educational entity posing as a school, or by any
entity in violation of Federal or State law.
(b) Definitions.--In this Act:
(1) Accreditation mill.--The term ``accreditation mill''
means an education or corporate organization that offers a form
of educational recognition or accreditation, for a fee or free
of charge, that--
(A) extend a permanent recognition or accreditation
status to an institution with few or no requirements
for subsequent periodic reviews;
(B) publish a list of institutions and programs
recognized or accredited by such organization that
includes institutions and programs that did not apply
for or otherwise request such recognition or
accreditation by the organization; or
(C) lack national recognition by the Secretary of
Education or the Council for Higher Education
Accreditation.
(2) Degree-granting institution.--The term ``degree-
granting institution'' means any entity that offers or confers
an academic, professional, or occupational degree, diploma, or
certificate, if such degree, diploma, or certificate may be
used to represent to the general public that the individual
possessing such degree, diploma, or certificate has completed a
program of education or training beyond secondary education.
(3) Diploma mill.--The term ``diploma mill'' means any
entity that--
(A) lacks valid accreditation by an agency
recognized by a Federal agency, a State government, or
the Council for Higher Education Accreditation as a
valid accrediting agency of institutions of higher
education; and
(B) offers degrees, diplomas, or certifications,
for a fee, that may be used to represent to the general
public that the individual possessing such a degree,
diploma, or certification has completed a program of
education or training beyond secondary education, but
little or no education or course work is required to
obtain such a degree, diploma, or certification.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
SEC. 3. ACCREDITING AGENCIES.
No accrediting agency or association may be considered to be a
reliable authority as to the quality of education or training offered
by a degree-granting institution for any purpose related to
immigration, Federal employment and hiring practices, or for any other
Federal purposes, unless the agency or association is a nationally
recognized accrediting agency or association recognized by the
Secretary of Education pursuant to part H of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1099a et seq.).
SEC. 4. FEDERAL EMPLOYMENT.
For purposes of applying any civil service law, rule, or regulation
that requires or takes into consideration a degree from an institution
of higher education for purposes of appointment or promotion of, or
improved pay for, a Federal employee, only a degree from a degree-
granting institution that is accredited by a nationally recognized
accrediting agency or association recognized by the Secretary of
Education pursuant to part H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099a et seq.) shall be acceptable.
SEC. 5. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS AND
PROFESSIONAL CERTIFICATIONS.
(a) Conduct Prohibited.--Not later than 180 days after the date of
enactment of this Act, the Federal Trade Commission shall initiate a
rulemaking to define as an unfair and deceptive act or practice under
section 18 of Federal Trade Commission Act (15 U.S.C. 57a) the
following:
(1) The issuing of a degree, diploma, certificate, or any
similar document by an entity that is not recognized as a
legitimate postsecondary degree-granting institution by the
Secretary of Education, if such degree, diploma, certificate,
or similar document misrepresents, directly or indirectly, the
subject matter, substance, or content of the course of study or
any other material fact concerning the course of study for
which such degree, diploma, certificate, or similar document
was awarded.
(2) The offering or conferring of an academic,
professional, or occupational degree if the entity offering or
conferring the degree--
(A) is not an institution of higher education; or
(B) is not accredited by--
(i) a nationally recognized accrediting
agency or association recognized by the
Secretary of Education pursuant to part H of
title IV of the Higher Education Act of 1965
(20 U.S.C. 1099a et seq.); or
(ii) an accrediting agency or association
that is recognized as a legitimate accrediting
agency or association for any purpose by any
appropriate Federal agency or by the Council
for Higher Education Accreditation,
unless the entity offering or conferring such a degree clearly
and conspicuously discloses, in all advertising and promotional
materials that contain a reference to such a degree, that the
awarding of the degree has not been so authorized or that the
entity offering or conferring the degree has not been so
approved or recognized.
(3) The claiming or asserting in any advertisements or
promotional material of an entity offering or conferring an
academic, professional, or occupational degree, that such
entity has--
(A) an accredited status unless it holds
accreditation from an accrediting agency that is
recognized by the Secretary of Education or the Council
for Higher Education Accreditation, or is recognized
for any purpose by any appropriate Federal agency; or
(B) an unaccredited, but approved status that
misrepresents, directly or indirectly, the nature,
extent, or credibility of such approval.
(4) The issuing of any accreditation, including
institutional, programmatic, or specialized accreditation, to
any degree-granting institution by any entity that is not
recognized for accreditation purposes by the Secretary of
Education, any other appropriate Federal agency, or the Council
for Higher Education Accreditation.
(b) Final Rule.--The Commission shall issue final rules under this
section not later than 18 months after the date of enactment of this
Act.
(c) Reporting Requirement.--
(1) Federal trade commission.--In administering and
enforcing the rule required under subsection (a), the Federal
Trade Commission shall report regularly to the Secretary of
Education any information regarding entities which the
Commission knows or suspects to be in violation of such rule.
(2) Secretary of education.--The Secretary of Education
shall make available to the general public, in paper and
electronic forms, the information reported to the Secretary in
accordance with paragraph (1). | Diploma and Accreditation Integrity Protection Act of 2009 - Prohibits any accreditor from being considered a reliable authority as to the quality of education or training offered by degree-granting institutions for any purpose related to immigration, federal employment, or any other federal activity, unless the accreditor is recognized by the Secretary of Education.
Considers only a degree from a degree-granting institution that is accredited by such an accreditor to be acceptable in situations when a degree from an institution of higher education (IHE) is required or taken into consideration for the purpose of appointing, promoting, or improving the pay of a federal employee.
Directs the Federal Trade Commission to define as an unfair and deceptive act or practice: (1) certain offerings of academic, professional, or occupational degrees by entities that are not IHEs or are not accredited by an accreditor recognized by the Secretary of Education, any other appropriate federal agency, or the Council for Higher Education Accreditation; or (2) the issuing of any accreditation to a degree-granting institution by an accreditor that lacks such recognition. | To reduce and prevent the sale and use of fraudulent degrees in order to protect the integrity of valid higher education degrees that are used for Federal employment purposes. |
SECTION 1. INTERNET OPENNESS.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. INTERNET OPENNESS.
``(a) Obligations of Broadband Internet Access Service Providers.--
A person engaged in the provision of broadband Internet access service,
insofar as such person is so engaged--
``(1) may not block lawful content, applications, or
services, subject to reasonable network management;
``(2) may not prohibit the use of non-harmful devices,
subject to reasonable network management;
``(3) may not throttle lawful traffic by selectively
slowing, speeding, degrading, or enhancing Internet traffic
based on source, destination, or content, subject to reasonable
network management;
``(4) may not engage in paid prioritization; and
``(5) shall publicly disclose accurate and relevant
information in plain language regarding the network management
practices, performance, and commercial terms of its broadband
Internet access services sufficient for consumers to make
informed choices regarding use of such services and for
content, application, service, and device providers to develop,
market, and maintain Internet offerings, except that a provider
is not required to publicly disclose competitively sensitive
information or information that could compromise network
security or undermine the efficacy of reasonable network
management practices.
``(b) Commission Authority.--
``(1) In general.--The Commission shall enforce the
obligations established in subsection (a) through adjudication
of complaints alleging violations of such subsection but may
not expand the Internet openness obligations for provision of
broadband Internet access service beyond the obligations
established in such subsection, whether by rulemaking or
otherwise.
``(2) Formal complaint procedures.--Not later than 60 days
after the date of the enactment of this section, the Commission
shall adopt formal complaint procedures to address alleged
violations of subsection (a).
``(c) Other Laws and Considerations.--Nothing in this section--
``(1) supersedes any obligation or authorization a provider
of broadband Internet access service may have to address the
needs of emergency communications or law enforcement, public
safety, or national security authorities, consistent with or as
permitted by applicable law, or limits the provider's ability
to do so; or
``(2) prohibits reasonable efforts by a provider of
broadband Internet access service to address copyright
infringement or other unlawful activity.
``(d) Consumer Choice.--
``(1) In general.--Nothing in this section shall be
construed to limit consumers' choice of service plans or
consumers' control over their chosen broadband Internet access
service or, except as provided in paragraph (2), the ability of
broadband Internet access service providers to offer
specialized services.
``(2) Prohibition on certain practices regarding
specialized services.--Specialized services may not be offered
or provided in ways that threaten the meaningful availability
of broadband Internet access service or that have been devised
or promoted in a manner designed to evade the purposes of this
section.
``(e) Broadband To Be Considered Information Service.--
Notwithstanding any other provision of law, the provision of broadband
Internet access service or any other mass market retail service
providing advanced telecommunications capability (as defined in section
706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) shall be
considered to be an information service.
``(f) Reasonable Network Management.--For purposes of subsection
(a), a network management practice is reasonable if it is appropriate
and tailored to achieving a legitimate network management purpose,
taking into account the particular network architecture and any
technology and operational limitations of the broadband Internet access
service provider.
``(g) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband Internet access service' means a mass market retail
service by wire or radio that provides the capability to
transmit data to and receive data from all or substantially all
Internet endpoints, including any capabilities that are
incidental to and enable the operation of the communications
service, but excluding dial-up Internet access. Such term also
encompasses any service that the Commission finds to be
providing a functional equivalent of the service described in
the previous sentence, or that is used to evade the obligations
set forth in subsection (a).
``(2) Paid prioritization.--The term `paid prioritization'
means the speeding up or slowing down of some Internet traffic
in relation to other Internet traffic over the consumer's
broadband Internet access service by prioritizing or
deprioritizing packets based on compensation or lack thereof by
the sender to the broadband Internet access service provider.
``(3) Specialized services.--The term `specialized
services' means services other than broadband Internet access
service that are offered over the same network as, and that may
share network capacity with, broadband Internet access
service.''.
SEC. 2. AUTHORITY UNDER SECTION 706 OF THE TELECOMMUNICATIONS ACT OF
1996.
(a) In General.--Section 706 of the Telecommunications Act of 1996
(47 U.S.C. 1302) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) No Grant of Authority.--The Commission or a State commission
with regulatory jurisdiction over telecommunications services may not
rely on this section as a grant of authority.''.
(b) Technical Corrections.--Section 706 of the Telecommunications
Act of 1996 (47 U.S.C. 1302) is further amended--
(1) in subsection (c), by striking ``(as defined'' and all
that follows through ``note))''; and
(2) in subsection (e), as redesignated, in the matter
preceding paragraph (1), by striking ``subsection'' and
inserting ``section''. | This bill amends the Communications Act of 1934 to require a person engaged in the provision of broadband Internet access service to publicly disclose accurate and relevant information about network management practices, performance, and commercial terms of its broadband Internet access services, and to restrict such a person from: blocking lawful content, applications, or services; prohibiting the use of non-harmful devices; throttling lawful traffic by selectively slowing, speeding, degrading, or enhancing Internet traffic based on source, destination, or content; and engaging in paid prioritization. | A bill to amend the Communications Act of 1934 to ensure Internet openness, to prohibit blocking lawful content and non-harmful devices, to prohibit throttling data, to prohibit paid prioritization, to require transparency of network management practices, to provide that broadband shall be considered to be an information service, and to prohibit the Commission or a State commission from relying on section 706 of the Telecommunications Act of 1996 as a grant of authority. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cultural Bridges Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Educating international students is an important way to
impart cross-cultural understanding and create goodwill for the
United States throughout the world.
(2) Students from the Islamic world are significantly
underrepresented among the approximately 500,000 international
students who study in the United States annually.
(3) The volume of professional and cultural exchanges
between the United States and the Islamic world is extremely
low compared to other regions, and these exchanges have proven
extremely effective worldwide in building productive people-to-
people ties.
(4) The federally-funded Future Leaders Exchange Program
for high school students from the former Soviet Union,
administered by the Department of State, has demonstrated the
positive impact of reaching out to international students at
the secondary school level, introducing them to American
culture, and strengthening their commitment to democratic
values and ideals.
(5) A critical element in the war against terrorism will be
increasing mutual understanding and respect between the peoples
of the United States and peoples around the world, particularly
those of the Islamic faith.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
(2) From the islamic world.--The term ``from the Islamic
world'', when used with respect to a person, means that the
person is a national of a country in the Islamic world or has
as the person's residence or place of birth the West Bank or
Gaza.
(3) Islamic world.--The term ``Islamic world'' means--
(A) the member countries of the Organization of the
Islamic Conference and does not include any country
having observer status in the Organization; and
(B) the areas consisting of the West Bank and Gaza.
(4) Secondary school.--The term ``secondary school'' means
a school that serves students in any of the grades 9 through 12
or equivalent grades in a foreign education system, as
determined by the Secretary, in consultation with the Secretary
of Education.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
(6) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization having United States citizenship
that is designated by the Secretary to carry out the program
authorized under section 5(a).
SEC. 4. PURPOSE.
The purpose of this Act is to promote the national security of the
United States through international educational and cultural exchange
programs between the United States and the Islamic world that would--
(1) afford additional opportunities for eligible
participants from the Islamic world to study in the United
States;
(2) foster mutual respect for American and Islamic values
and culture through people-to-people contacts; and
(3) build bridges to a more peaceful world through programs
aimed at enhancing mutual understanding.
SEC. 5. NEW EXCHANGE VISITOR PROGRAM FOR SECONDARY SCHOOL STUDENTS FROM
THE ISLAMIC WORLD.
(a) In General.--To carry out the purpose of section 4, and to
redress the underrepresentation in United States international exchange
visitor programs of persons from the Islamic world, the Secretary,
acting under the authority, direction, and control of the President, is
authorized to establish an international exchange visitor program under
which eligible secondary school students from the Islamic world would--
(1) attend a public secondary school in the United States;
(2) live with an American host family and experience life
in a United States host community; and
(3) participate in activities designed to promote a greater
understanding of American and Islamic values and culture.
(b) Implementation.--The Secretary shall utilize the authorities of
the Mutual Educational and Cultural Exchange Act of 1961 to carry out
the program authorized by subsection (a) by grant, contract, or
otherwise with United States sponsoring organizations.
(c) Eligibility Criteria.--
(1) In general.--Except as provided in paragraph (2) and
section 7, a foreign student is eligible for participation in
the program authorized by subsection (a), if the student--
(A) is from the Islamic world;
(B) is at least 15 years of age but not more than
18 and 6 months years of age at the time of initial
school enrollment;
(C) is enrolled in secondary school in the
student's country of nationality or in the West Bank or
Gaza;
(D) has completed not more than 11 years of primary
and secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and
scholastic aptitude; and
(F) has not previously participated in an academic
year or semester secondary school student exchange
program in the United States.
(2) Exception.--An alien is not eligible for participation
in the program authorized by subsection (a) if the alien is
otherwise inadmissible to the United States under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(d) Program Requirements.--The program authorized by subsection (a)
shall satisfy the following requirements:
(1) Recruitment and selection.--Each United States
sponsoring organization shall recruit and select eligible
secondary school students on a competitive basis under
guidelines developed by the Secretary and in a manner that
ensures geographic, gender, and socio-economic diversity.
(2) English language proficiency.--The Secretary or the
United States sponsoring organization shall establish the
English language proficiency of eligible secondary school
students through standardized testing. For selected secondary
school students found in need of additional English language
training, the Secretary shall provide for not to exceed three
months of such training, depending on the need of the student,
prior to the commencement of the student's course of academic
study in the United States.
(3) Preference for full academic year of study.--The
program shall emphasize educational exchanges consisting of a
full academic year of study.
(4) Compliance with ``j'' visa requirements.--Participants
in the program shall satisfy all requirements applicable to the
admission of nonimmigrant aliens described in section
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)). The program shall be considered a designated
exchange visitor program for purposes of the application of
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
(5) Regular reporting to the secretary.--Each United States
sponsoring organization shall report regularly to the Secretary
the information that the organization has obtained during
regular contacts with the sponsored student, the host family,
and the host secondary school.
SEC. 6. AUTHORITY TO ESTABLISH NEW EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS AND EXPAND EXISTING PROGRAMS.
Under the authority, direction, and control of the President, the
Secretary is authorized to use the authorities of the Mutual
Educational and Cultural Exchange Act of 1961 to establish new programs
under that Act, and expand the coverage of existing programs under that
Act, to increase the number of educational and cultural exchange
activities involving persons from the Islamic world, except as provided
in section 7.
SEC. 7. EXCEPTION FOR ISLAMIC WORLD COUNTRIES COVERED BY THE FREEDOM
SUPPORT ACT.
An individual who is a national of any of the following countries
shall not be eligible for participation in any new program authorized
under section 5 or 6 or for participation in an existing program
expanded under the authority of section 6: Azerbaijan, Kazakhstan,
Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan.
SEC. 8. REPORTING REQUIREMENTS.
(a) Initial Report.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report setting forth the plans to implement
this Act. The report shall include--
(1) with respect to the program authorized by section
5(a)--
(A) a plan indicating priority countries and areas
in the Islamic world for participation in the program;
(B) an estimate of the number of participating
students from each country or area;
(C) an identification of United States sponsoring
organizations; and
(D) a schedule for implementation of the program;
and
(2) with respect to fiscal year 2003, an allocation of
funds by country or area in the Islamic world for the program
authorized by section 5(a), and by program and country or area
in the Islamic world for the exercise of authority under
section 6.
(b) Annual Report.--Not later than January 31 of each year, the
President shall submit to the appropriate congressional committees a
report on the progress and effectiveness of activities carried out
under this Act.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
(a) New Program Funding.--
(1) In general.--In addition to funds otherwise available
for such purpose, there is authorized to be appropriated for
the Department of State $20,000,000 for each of the fiscal
years 2003 through 2007 to carry out the program authorized by
section 5(a).
(2) Availability of appropriations.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain available
until expended.
(b) Funding of Expansion of Existing Programs.--
(1) In general.--In addition to funds otherwise available
for such purpose, there is authorized to be appropriated for
the Department of State $75,000,000 for each of the fiscal
years 2003 through 2007 to carry out any new international
educational or cultural exchange programs under section 6 or
the expansion under section 6 of any existing such programs.
(2) Availability of appropriations.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain available
until expended.
(c) Limitations.--
(1) Single country limitation.--Of the amount authorized to
be appropriated by subsection (a), and of the amount authorized
to be appropriated by subsection (b), not more than 10 percent
of each such amount is authorized to be available for any
single country.
(2) Single program limitation.--Of the amount authorized to
be appropriated by subsection (b), not more than 25 percent is
authorized to be available to carry out, or expand, any single
international educational or cultural exchange program. | Cultural Bridges Act of 2002 - Authorizes the President to establish an international exchange visitor program under which eligible students from the Islamic world would: (1) attend public secondary school in the United States; (2) live with an American host family; and (3) participate in activities designed to promote a greater understanding of American and Islamic values and cultures. Requires the Secretary of State (Secretary) to carry out this program with U.S. sponsoring organizations.Authorizes the Secretary to use the authorities of the Mutual Educational and Cultural Exchange Act of 1961 to establish new programs and expand existing programs to increase the number of educational and cultural activities involving persons from the Islamic world. Prohibits the participation of individuals who are nationals of Azerbaijan, Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan. | A bill to promote the national security of the United States through international educational and cultural exchange programs between the United States and the Islamic world, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terror-Free Skies Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Iran is designated as the world's foremost state
sponsor of terrorism and a direct threat to the national
security of the United States and United States allies.
(2) Iran, through its Islamic Revolutionary Guard Corps
(IRGC), provides material and financial support to Foreign
Terrorist Organizations (FTO), including Hamas, Hezbollah, and
Kata'ib Hezbollah, as well as to the Bashar al-Assad regime in
Syria which is responsible for over 400,000 civilian deaths.
(3) Iran has systematically employed its national air
carrier, Iran Air, as well as numerous private and publically
owned Iranian and Syrian airliners, including Mahan Air, to
ferry weapons, troops, and military equipment on behalf of the
IRGC and Iran's Ministry of Defense and Armed Forces Logistics
(MODAFL) to FTOs and rogue regimes around the world.
(4) On June 23, 2011, the U.S. Department of the Treasury
designated Iran Air pursuant to Executive Order 13882 for
providing material support and services to the IRGC, including
shipping military-related equipment on behalf of the IRGC since
2006 and transporting rockets or missiles to Syria.
(5) On January 16, 2016, Iran Air was delisted as a
Specially Designated National (SDN) by the U.S. Department of
the Treasury even though Iran Air had not ceased its illicit
and sanctionable activity.
(6) Iran Air remains owned and operated by the Iranian
government and has, since January 16, 2016, flown numerous
unscheduled flights on well-known weapons supply routes between
Iran and Syria.
(7) In correspondence with U.S. Members of Congress, the
U.S. Department of the Treasury has refused to confirm that
Iran Air has ceased its illicit activity. In a November 23,
2016, letter to Rep. Peter Roskam, Thomas Patrick Maloney,
Senior Advisor in the Office of Legislative Affairs of the U.S.
Department of the Treasury wrote: ``The United States retains
the ability to designate any individual or entity that engages
in sanctionable activities under our authorities targeting
conduct outside the scope of the JCPOA, including Iran's
support for terrorism, human rights abuses, ballistic missile
program, and other destabilizing activities in the region.''.
(8) Evidence supports that despite being removed from the
Specially Designated National (SDN) on January 16, 2016, Iran
Air has since continued its illicit and sanctionable activity
in support of the IRGC, MODAFL, Hezbollah, and the Bashar al-
Assad regime since January 16, 2016.
SEC. 3. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL AIRCRAFT
AND RELATED SERVICES FOR ILLICIT MILITARY OR OTHER
ACTIVITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President, in
consultation with the Secretary of Defense, the Secretary of State, and
the Director of National Intelligence, shall submit to the Committee on
Armed Services, Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on Armed Services, Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate a report on use by the
Government of Iran of commercial aircraft and related services for
illicit military or other activities on or after the date that is the
beginning of the 5-year period ending on the date of the enactment of
this Act.
(b) Elements of Report.--The report required under subsection (a)
shall include a description of the extent to which--
(1) the Government of Iran has used commercial aircraft,
including aircraft of Iran Air, or related services to
transport illicit cargo to or from Iran, including military
goods, weapons, military personnel, military-related electronic
parts and mechanical equipment, or rocket or missile
components;
(2) the commercial aviation sector of Iran, including Iran
Air, has provided financial, material, or technological support
to the IRGC, MODAFL, the Bashar al Assad Regime, Hezbollah,
Hamas, Kata'ib Hezbollah, or any other FTOs or entities
designated on the SDN list; and
(3) foreign governments and persons have facilitated the
activities described in paragraph (1), including allowing the
use of airports, services, or other resources.
(c) Effect of Determination.--If, in a report submitted under this
section, the President determines that Iran Air or any other Iranian
commercial airliner has used or has been using commercial aircraft for
illicit military purposes on or after January 16, 2016, the President
shall, within 90 days of making such determination, designate such
airline as a specially designated national and blocked person on the
list maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
SEC. 4. SUNSET.
This Act shall cease to be effective on the date that is 30 days
after the date on which the President certifies to Congress that the
Government of Iran has ceased providing support for acts of
international terrorism. | Terror-Free Skies Act This bill requires the President to report to specified congressional committees every 180 days on the Iranian government's use of commercial aircraft and related services for illicit military or other activities during the past five years. Such report shall describe the extent to which: Iran's government has used commercial aircraft, including Iran Air, or related services to transport illicit cargo to or from Iran, including military goods, weapons, personnel, electronic parts and mechanical equipment, or rocket or missile components; the commercial aviation sector of Iran has provided support to the Islamic Revolutionary Guard Corps, Iran's Ministry of Defense and Armed Forces Logistics, the Bashar al Assad Regime, Hezbollah, Hamas, Kata'ib Hezbollah, or any other foreign terrorist organizations or entities designated on the specially designated national list maintained by the U.S. Department of the Treasury; and foreign governments and persons have facilitated such activities. If the President determines in such a report that any Iranian commercial airliner has used commercial aircraft for illicit military purposes on or after January 16, 2016, the President shall designate such airline as a specially designated national and blocked person. This bill shall cease to be effective 30 days after the President certifies that the Iranian government has ceased providing support for acts of international terrorism. | Terror-Free Skies Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increased Authorizations for the
Denver VA Medical Center Construction Project Act''.
SEC. 2. INCREASE IN AUTHORIZATION FOR DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY PROJECT PREVIOUSLY AUTHORIZED.
Section 2(a) of the Construction Authorization and Choice
Improvement Act (Public Law 114-19; 129 Stat. 215), as amended by
section 1 of Public Law 114-25, is further amended by striking
``$1,050,000,000'' and inserting ``$1,675,000,000''.
SEC. 3. PROJECT MANAGEMENT OF SUPER CONSTRUCTION PROJECTS.
(a) In General.--Section 8103 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) In the case of any super construction project, the
Secretary shall enter into an agreement with an appropriate non-
Department Federal entity to provide full project management services
for the super construction project, including management over the
project design, acquisition, construction, and contract changes. Such
agreement shall provide that the Secretary shall reimburse such Federal
entity for all costs associated with the provision of project
management services under the agreement.
``(2) In this subsection, the term `super construction project'
means a project for the construction, alteration, or acquisition of a
medical facility involving a total expenditure of more than
$100,000,000.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the following:
(1) The medical facility construction project in Denver,
Colorado, specified in section 2 of the Construction
Authorization and Choice Improvement Act (Public Law 114-19;
129 Stat. 215).
(2) A super construction project (as defined in section
8103(e)(2) of title 38, United States Code, as added by such
subsection (a)) that is authorized on or after the date of the
enactment of this Act.
SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as
follows:
``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
``The Secretary of Veterans Affairs shall ensure that the aggregate
amount of awards and bonuses paid by the Secretary in a fiscal year
under chapter 45 or 53 of title 5, United States Code, or any other
awards or bonuses authorized under such title or title 38, United
States Code, does not exceed the following amounts:
``(1) With respect to fiscal year 2016, $100,000,000.
``(2) With respect to each of fiscal years 2017 through
2024, $360,000,000.''.
SEC. 5. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Chapter 7 of title 38, United States Code,
is amended by adding after section 713 the following new
section:
``Sec. 715. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--The Secretary
shall order that the covered service of an individual removed from a
senior executive position under section 713 of this title shall not be
taken into account for purposes of calculating an annuity with respect
to such individual under chapter 83 or chapter 84 of title 5, if--
``(1) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(2) before such order is made, the individual is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action under section 713 of this title but who
leaves employment at the Department prior to the issuance of a final
decision with respect to such action shall not be taken into account
for purposes of calculating an annuity with respect to such individual
under chapter 83 or chapter 84 of title 5, if--
``(A) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(B) before such order is made, the individual is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(2) The Secretary shall make such an order not later than seven
days after the date of the conclusion of a hearing referred to in
paragraph (1)(B) that determines that such order is lawful.
``(c) Administrative Requirements.--(1) Not later than 30 days
after the Secretary issues an order under subsection (a) or (b), the
Director of the Office of Personnel Management shall recalculate the
annuity of the individual.
``(2) A decision regarding whether the covered service of an
individual shall be taken into account for purposes of calculating an
annuity under subsection (a) or (b) is final and may not be reviewed by
any department or agency or any court.
``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(e) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer action under
section 713 of this title, the period of service beginning on
the date that the Secretary determines under such section that
such individual engaged in activity that gave rise to such
action and ending on the date that such individual is removed
from the civil service or leaves employment at the Department
prior to the issuance of a final decision with respect to such
action, as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3) of this title.
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 713 the following new item:
``715. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
(b) Application.--Section 715 of title 38, United States Code, as
added by subsection (a)(1), shall apply to any action of removal or
transfer under section 713 of title 38, United States Code, commencing
on or after the date of the enactment of this Act.
SEC. 6. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by section 5, is amended by adding at the end the following new
section:
``Sec. 717. Recoupment of bonuses or awards paid to employees of
Department
``(a) Recoupment.--Notwithstanding any other provision of law, the
Secretary may issue an order directing an employee of the Department to
repay the amount, or a portion of the amount, of any award or bonus
paid to the employee under title 5, including under chapter 45 or 53 of
such title, or this title if--
``(1) the Secretary determines such repayment appropriate
pursuant to regulations prescribed under subsection (c); and
``(2) before such repayment, the employee is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Review.--A decision regarding a repayment by an employee
pursuant to subsection (a)(2) is final and may not be reviewed by any
department or agency or any court.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
715, as added by section 5(a)(2), the following new item:
``717. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 717 of title 38, United States Code,
as added by subsection (a), shall apply with respect to an award or
bonus paid by the Secretary of Veterans Affairs to an employee of the
Department of Veterans Affairs on or after the date that is 180 days
after the date of the enactment of this Act.
(d) Construction.--Nothing in this section or the amendments made
by this section may be construed to modify the certification issued by
the Office of Personnel Management and the Office of Management and
Budget regarding the performance appraisal system of the Senior
Executive Service of the Department of Veterans Affairs. | Increased Authorizations for the Denver VA Medical Center Construction Project Act This bill amends the Construction Authorization and Choice Improvement Act to increase the amount authorized for the replacement of the existing Department of Veterans Affairs (VA) Medical Center in Denver, Colorado. In the case of any super construction project (expenditures exceeding $100 million) the VA shall enter into an agreement with an appropriate non-VA federal entity to provide full project management services for the super construction project, including management over the project design, acquisition, construction, and contract changes. The Veterans Access, Choice, and Accountability Act of 2014 is amended to reduce the aggregate amount of specified VA awards and bonuses for FY2016. (Existing award levels are maintained for each of FY2017-FY2024.) The VA shall reduce the retirement annuity benefits of a senior executive employee who: (1) is convicted of a felony that influenced the individual's performance while employed in the senior executive position, and (2) is afforded notice and an opportunity for a hearing conducted by another federal department or agency. The VA may issue an order directing a VA employee to repay in full or in part any award or bonus if: (1) the VA determines such repayment appropriate pursuant to specified regulations, and (2) the employee is afforded notice and an opportunity for a hearing conducted by another federal department or agency. A VA decision regarding a repayment is final and not subject to review by other federal agencies or courts. | Increased Authorizations for the Denver VA Medical Center Construction Project Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Art and Antiquity Revenue
Prevention Act of 2016'' or the ``TAAR Act''.
SEC. 2. STOLEN CULTURAL PROPERTY.
Chapter 113 of title 18, United States Code, is amended--
(1) in section 2314--
(A) in the first undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$5,000 or more'';
(B) in the second undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$5,000 or more'';
(C) in the ninth undesignated paragraph--
(i) by striking ``section the term'' and
inserting the following: ``section--
``(A) the term `cultural property' has the meaning given
that term in section 302 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601); and
``(B) the term''; and
(D) by adding at the end the following:
``For purposes of an offense under this section, cultural property
that has been removed or excavated in violation of local law shall be
considered to be stolen.''; and
(2) in section 2315--
(A) in the first undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$500 or more'';
(B) by striking the seventh undesignated paragraph
and inserting the following:
``For purposes of this section--
``(A) the term `cultural property' has the meaning given
that term in section 302 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601);
``(B) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
``(C) the term `veterans' memorial object' means a grave
marker, headstone, monument, or other object, intended to
permanently honor a veteran or mark a veteran's grave, or any
monument that signifies an event of national military
historical significance.''; and
(C) by adding at the end the following:
``For purposes of an offense under this section, cultural property
that has been removed or excavated in violation of local law shall be
considered to be stolen.''.
SEC. 3. INVENTORY DATABASE SYSTEM FOR CULTURAL PROPERTY OF IRAQ OR
SYRIA LEGALLY ENTERING THE UNITED STATES.
(a) Working Group.--
(1) In general.--The Secretary of Commerce, working through
the Under Secretary for Standards and Technology and in
consultation with the heads of the agencies specified in
paragraph (2) and experts with respect to cultural property
from academia, industry, and nongovernmental organizations,
shall establish a scientific working group--
(A) to identify the data elements necessary to
accurately characterize and identify cultural property
of Iraq or Syria legally entering the United States,
for the purpose of establishing an inventory database
system for such cultural property; and
(B) to evaluate options for cost-effective,
physical or virtual labeling of such cultural property.
(2) Agencies specified.--The agencies specified in this
paragraph are the following:
(A) The Department of Justice.
(B) The Department of the Treasury.
(C) The Department of Homeland Security.
(D) Such other Federal agencies as the Secretary of
Commerce considers appropriate.
(b) Establishment of Inventory Database System.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the heads of the agencies specified in
paragraph (2) and experts with respect to cultural property
from academia, industry, and nongovernmental organizations,
shall develop and implement the inventory database system
described in subsection (a)(1)(A).
(2) Agencies specified.--The agencies specified in this
paragraph are the following:
(A) The Department of Justice.
(B) The Department of the Treasury.
(C) The Department of Commerce, working through the
Under Secretary for Standards and Technology.
(D) Such other Federal agencies as the Secretary of
Commerce considers appropriate.
(3) Requirements.--The inventory database system
established under paragraph (1) shall require that any person
that seeks to import cultural property of Syria or Iraq into
the United States, or to sell such property or provide such
property as a gift in the United States, provide to the
Secretary of Homeland Security information, with supporting
documentation, on the provenance of the property that includes,
at a minimum, when and where the property was obtained and such
other information as the Secretary of Commerce and the
Secretary of Homeland Security consider appropriate.
(c) Documenting Cultural Property Transactions.--The Secretary of
Homeland Security, in consultation with the heads of the agencies
specified in subsection (b)(2), shall--
(1) develop regulations to require dealers of cultural
property to document and report information on transactions in
cultural property of Iraq or Syria, such as the chain of
custody;
(2) work with participants in international art and
cultural property markets to develop a Federal Government
database with information on cultural property that includes--
(A) information on provenance and prior ownership;
and
(B) warnings for specific cultural property,
buyers, sellers, appraisers, or other actors with a
history of conducting illegal trade in cultural
property; and
(3) consider providing participants in international art
and cultural property markets with access to the database
developed under paragraph (2).
(d) Cultural Property Defined.--In this section, the term
``cultural property'' has the meaning given that term in section 302 of
the Convention on Cultural Property Implementation Act (19 U.S.C.
2601). | Terrorism Art and Antiquity Revenue Prevention Act of 2016 or the TAAR Act This bill amends the federal criminal code to prohibit the transportation, sale, or receipt of certain cultural property that has been removed or excavated in violation of local law. Department of Homeland Security must establish an inventory database system for cultural property of Iraq or Syria that legally enters the United States. | TAAR Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Relief Corps Act
of 2008''.
SEC. 2. RESPONSE AND RECOVERY CORPS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 525. RESPONSE AND RECOVERY CORPS.
``(a) Establishment.--The Secretary shall maintain within the
Department a Response and Recovery Corps (in this section referred to
as the `Corps').
``(b) Purpose.--The purpose of the Corps shall be to perform
functions related to the collective response to acts of terrorism,
natural disasters, and other emergencies.
``(c) Participants.--The Corps shall consist of individuals
appointed to the Corps by the Secretary (in this section referred to as
`Corps members'), each of whom--
``(1) does not ordinarily have the duties of a full-time
officer or employee of the Department; but
``(2) is able to assume duties when the Secretary so
requires.
``(d) Training.--The Secretary shall ensure that each Corps member
receives core training in functions relating to emergency response or
post-incident recovery and rebuilding efforts, or both.
``(e) Projects.--The Corps shall be responsible for working on
projects, as determined by the Secretary, that support the function of
responding collectively to acts of terrorism, natural disasters, and
other emergencies and rebuilding impacted areas.
``(f) Geographic Distribution.--In any case in which the Secretary
directs the Corps to carry out a project, the Secretary shall ensure
that at least 30 percent of the Corps members assigned to carry out the
project reside, or resided prior to an act of terrorism, natural
disaster, or other emergency, in the region in which the project is
conducted.
``(g) Duties.--The Secretary shall--
``(1) identify response and recovery projects that warrant
support from the Corps;
``(2) direct and oversee the activities of the Corps;
``(3) govern the selection of Corps members using the
criteria contained in subsection (c); and
``(4) formulate and administer a system of uniform periodic
reports on the number of individuals employed by the Corps and
the number of individuals and households receiving relief from
the Corps.
``(h) Appointment Into Federal Service.--
``(1) In general.--In addition to the exercise of any other
authorities under this section, the Secretary may appoint a
Corps member into Federal service for the purpose of
participation in the activities of the Corps without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service.
``(2) Employment status.--Regardless of any other
employment status, a Corps member who is appointed into Federal
service pursuant to this subsection is deemed an employee of a
Federal agency for all purposes except--
``(A) subchapter III of chapter 83 of title 5,
United States Code, pertaining to labor grievances,
appeal and review, or any applicable retirement system;
``(B) chapter 87 of title 5, United States Code,
pertaining to life insurance; and
``(C) chapter 89 of title 5, United States Code,
pertaining to health insurance, or other applicable
health benefits system, unless the Corps member's
appointment results in the loss of coverage in a group
health benefits plan the premium of which has been paid
in whole or in part by a State or local government
contribution.
``(3) Pay.--During a period of appointment into Federal
service pursuant to this subsection, Corps members shall
receive pay at rates to be established by the Secretary 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.
``(4) Personal injury, illness, disability, or death.--
``(A) In general.--A Corps member who is appointed
into Federal service pursuant to this subsection and
who suffers personal injury, illness, disability, or
death as a result of personal injury sustained while in
the performance of the member's duty during the
appointment into Federal service shall, for the
purposes of subchapter I of chapter 81 of title 5,
United States Code, be treated as though the member
were an employee (as defined by section 8101 of such
title) who had sustained the injury in the performance
of duty.
``(B) Election of benefits.--When a Corps member
(or, in the case of the death of the Corps member, the
Corps member's dependent) is entitled by reason of
injury, illness, disability, or death to benefits under
subchapter I of chapter 81 of title 5, United States
Code, and is also entitled to benefits from a State or
local government for the same injury, illness,
disability, or death, the Corps member (or such
dependent) shall elect which benefits the Corps member
will receive. The election shall be made not later than
1 year after the injury, illness, disability or death,
or such further time as the Secretary of Labor may
allow for reasonable cause shown. When made, the
election is irrevocable unless otherwise provided by
law.
``(C) Reimbursement for state or local benefits.--
In the event that a Corps member elects benefits from a
State or local government under subparagraph (B), the
Secretary may reimburse that State or local government
for the value of those benefits.
``(5) Liability.--A Corps member appointed into Federal
service pursuant to this subsection is deemed an employee of
the Department for the purposes of the Federal Tort Claims Act
and any other Federal third party liability statute.
``(6) Employment and reemployment rights.--The following
apply with respect to a Corps member during periods of
appointment to Federal service pursuant to this subsection:
``(A) Service as a Corps member shall be deemed
`service in the uniformed services' for purposes of
chapter 43 of title 38, United States Code, pertaining
to employment and reemployment rights of individuals
who have performed service in the uniformed services
(regardless of whether the individual receives
compensation for such participation). All rights and
obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as
provided for in chapter 43 of title 38, United States
Code.
``(B) Preclusion of giving notice of service by
necessity of appointment under this section shall be
deemed preclusion by `military necessity' for purposes
of section 4312(b) of title 38, United States Code,
pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Secretary.
``(C) Subject to the availability of
appropriations, the Secretary may recognize employer
support of the deployment of Corps members and their
cooperation to allow Corps members to receive
authorized training.
``(i) Gulf Coast Recovery and Rebuilding Efforts.--
``(1) Plan.--The Secretary shall develop a plan for
directing the Corps to assist in recovery and rebuilding
efforts for the Gulf Coast region in the wake of Hurricane
Katrina.
``(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report containing the plan developed under
paragraph (1).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2009 and 2010.''.
(b) Conforming Amendment.--The table of contents contained in
section (1)(b) of such Act (6 U.S.C. 101 et seq.) is amended by adding
at the end of the items relating to title V the following:
``Sec. 525. Response and Recovery Corps.''. | Homeland Security Relief Corps Act of 2008 - Directs the Secretary of Homeland Security to maintain within the Department of Homeland Security (DHS) a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies.
Requires the Corps to consist of individuals who do not ordinarily have the duties of a full-time DHS officer or employee.
Directs the Secretary to ensure that: (1) each Corps member receives core training in functions relating to emergency response or post-incident recovery and rebuilding efforts, or both; and (2) at least 30% of Corps members assigned to carry out a project reside, or resided prior to an act of terrorism, natural disaster, or other emergency, in the region in which the project is conducted.
Requires the Secretary to: (1) identify response and recovery projects that warrant support from the Corps; (2) direct and oversee Corps activities; (3) govern the selection of Corps members; and (4) formulate and administer a system of uniform periodic reports on the number of individuals employed by, and the number of individuals and households receiving relief from, the Corps.
Authorizes the Secretary to appoint a Corps member into federal service for the purpose of participation in Corps activities without regard to provisions governing appointments in the competitive service.
Directs the Secretary to develop a plan for directing the Corps to assist in recovery and rebuilding efforts for the Gulf Coast region in the wake of Hurricane Katrina. | To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to maintain a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Does Offer Potential
Treasures Act of 2000''.
TITLE I--ADOPTION PROMOTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Adoption Promotion Act''.
SEC. 102. ADOPTION AWARENESS PROGRAM.
(a) In General.--The Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') shall establish an
adoption awareness program. The Secretary shall make grants through the
program to eligible private entities to pay for the Federal share of
the cost of developing and distributing materials promoting adoption.
(b) Use of Funds.--
(1) In general.--An entity that receives a grant under
subsection (a) shall use funds made available through the grant
to develop and carry out an adoption public promotion campaign,
including--
(A) developing and placing public service
announcements regarding adoption on television, radio,
and billboards; and
(B) developing and distributing brochures regarding
adoption through federally funded family planning
clinics in the United States, including coordinating
the distribution of the brochures with the distribution
of educational materials under title X of the Public
Health Service Act (42 U.S.C. 300 et seq.).
(2) Limitation.--The entity may not place a public service
announcement, as described in paragraph (1)(A), or distribute a
brochure, as described in paragraph (1)(B), until the Secretary
has reviewed the announcement or brochure, reviewed the
recommendation described in section 103(d)(2)(B) regarding the
announcement or brochure, and approved the announcement or
brochure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time, in such manner, and including such information as the
Secretary may require.
(d) Selection.--The Secretary shall make grants under subsection
(a) to recipients selected from among applicants receiving favorable
recommendations from the Adoption Awareness Commission under section
103(d)(1)(B).
(e) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be contributed in cash or in kind, fairly evaluated,
including plant, equipment, or services.
SEC. 103. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Adoption Awareness Commission (referred to in this title as the
``Commission'').
(b) Composition.--The Commission shall be composed of 7 members, of
whom--
(1) 1 shall be appointed by the President;
(2)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the majority leader of
the Senate; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
Senate; and
(3)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the Speaker of the House
of Representatives; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Duties.--The Commission shall--
(1)(A) review the applications submitted under section 102;
and
(B) by majority vote, make recommendations to the Secretary
regarding which applicants should receive grants made under
section 102; and
(2)(A) review the public service announcements and
brochures developed by the recipients of the grants made under
section 102; and
(B) by majority vote, make recommendations to the Secretary
regarding approval of the announcements and brochures.
(e) Meetings.--The Commission shall meet at least 4 times in each
fiscal year.
(f) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(g) Travel Expenses.--The members of the Commission 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
Commission.
(h) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(i) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(j) Termination.--The Commission shall terminate on September 30,
2005.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$25,000,000 for each of fiscal years 2001 through 2005.
TITLE II--ADOPTION CREDIT, AND EXCLUSION FOR ADOPTION ASSISTANCE
PROGRAMS, EXPANDED AND MADE PERMANENT
SEC. 201. ADOPTION CREDIT, AND EXCLUSION FOR ADOPTION ASSISTANCE
PROGRAMS, EXPANDED AND MADE PERMANENT.
(a) Increase in Maximum Benefit.--
(1) Section 23(b)(1) of the Internal Revenue Code of 1986
(relating to dollar limitation) is amended by striking ``$5,000
($6,000'' and inserting ``$7,500 ($10,000''.
(2) Section 137(b)(1) of such Code is amended by striking
``$5,000 ($6,000'' and all that follows and inserting ``the
dollar limit applicable under section 23(b)(1).''.
(b) Higher Income Taxpayers Eligible for Benefits.--
(1) Section 23(b)(2)(A)(i) of such Code (relating to income
limitation) is amended by striking ``$75,000'' and inserting
``$150,000''.
(2) Section 137(b)(2)(A) of such Code is amended by
striking ``$75,000'' and inserting ``the dollar limit
applicable under section 23(b)(2)(A)(i)''.
(c) Benefits Made Permanent for All Children.--
(1) Paragraph (2) of section 23(d) of such Code is amended
to read as follows:
``(2) Eligible child.--The term `eligible child' means any
individual who--
``(A) has not attained age 18, or
``(B) is physically or mentally incapable of caring
for himself.''.
(2) Section 137 of such Code is amended by striking
subsection (f) (relating to termination).
(d) Cost-of-Living Adjustment of Dollar Limitations.--Section 23 of
such Code is amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following new subsection:
``(h) Cost-of-Living Adjustment.--
``(1) In general.--In the case of an adoption which becomes
final in any calendar year after 2001, the dollar amounts in
subsection (b)(1) and the $150,000 amount in subsection
(b)(2)(A)(i) with respect to such adoption shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2000' for `calendar year
1992' in subparagraph (B) thereof.
``(2) Rounding.--
``(A) Maximum credit amounts.--If any dollar amount
in subsection (b)(1) as adjusted under the preceding
sentence is not a multiple of $100, such amount shall
be rounded to the nearest multiple of $100.
``(B) Income limitation.--If the $150,000 amount as
adjusted under the preceding sentence is not a multiple
of $1,000, such amount shall be rounded to the nearest
multiple of $1,000.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Establishes the Adoption Awareness Commission to review and make recommendations to the Secretary regarding grant applicants. Authorize appropriations.
Title II: Adoption Credit, and Exclusion for Adoption Assistance Programs, Expanded and Made Permanent
- Amends the Internal Revenue Code to: (1) increase the tax credit allowable for adoption expenses and the amount of their exclusion from gross income; (2) increase the income category of taxpayers eligible for such credit; and (3) repeal the termination date for such tax incentives (thus making them permanent). | Adoption Does Offer Potential Treasures Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Milk Marketing Improvement
Act of 2007''.
SEC. 2. PRICES RECEIVED FOR MILK UNDER MILK MARKETING ORDERS.
Section 8c(5)(B) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)(B)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended--
(1) in the first clauses (i) and (ii), by inserting
``(based on the blended price of all milk covered by the
order)'' after ``uniform prices'' each place it appears; and
(2) in clause (b) of the matter following the first clause
(ii), by inserting ``and the component value'' after
``quality''.
SEC. 3. CLASS II MILK PRICING.
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by adding at the end the following:
``(P) Class ii milk pricing.--
``(i) Minimum price.--The Secretary shall
base the minimum price for Class II milk on the
average cost of producing all milk in the 48
contiguous States, as determined by the
Economic Research Service of the Department of
Agriculture in accordance with clause (ii)
(referred to in this subparagraph as the
`national average cost of production').
``(ii) National average cost of
production.--For purposes of this subparagraph,
the national average cost of production shall
equal the national average of the operating
cost and the allocated overhead cost of
producing all milk, less--
``(I) the opportunity cost of
unpaid labor for producing all milk;
and
``(II) the cost of custom services,
as determined by the Secretary.
``(iii) Survey.--For purposes of carrying
out clause (ii), the Secretary shall survey
producers and associations of producers subject
to Federal and State milk marketing orders and
in all unregulated areas applicable to all
milk.
``(iv) Price announcement.--
``(I) In general.--Not later than
November 1 of each calendar year, the
Secretary shall announce the minimum
price for Class II milk for the next
calendar year, as determined in
accordance with clause (i).
``(II) Adjustments.--Using the most
currently available national average
cost of production, the Secretary shall
adjust the price announced under
subclause (I) for a calendar year on
April 1, July 1, and October 1 of the
calendar year.
``(v) Basic formula price.--
``(I) In general.--The Secretary
shall use the Class II milk price
announced under clause (iv) as the
basic formula price for all Federal and
State milk marketing orders and all
unregulated milk production areas.
``(II) Class i milk.--The price of
Class I milk in all Federal and State
milk marketing orders and all
unregulated milk production areas shall
be equal to--
``(aa) the basic formula
price under subclause (I); plus
``(bb) the opportunity cost
of unpaid labor for producing
all milk.
``(vi) Estimation of annual milk production
and domestic consumption.--Not later than
November 1 of each calendar year and taking
into consideration the import projections for
all milk products, the Secretary shall estimate
the quantity of all milk to be produced in the
48 contiguous States and marketed by producers
for commercial use during the next 12 months.
``(vii) Inventory management program.--
``(I) In general.--In any case in
which the dollar value of exported milk
products is equal to the dollar value
of imported milk products, the
Secretary shall carry out this clause
in a manner that is necessary to manage
the inventory of all milk in the United
States.
``(II) Milk production totals.--Not
later than February 1 of each calendar
year, the Secretary shall determine the
total quantity of all milk produced by
each producer during the preceding
calendar year.
``(III) Excess production
determination.--Not more than once
every 2 months, if the Secretary,
acting through the Commodity Credit
Corporation, has purchased the maximum
quantity practicable of excess milk and
milk products, the Secretary may
determine whether an excess quantity of
milk and milk products is being
produced for the national domestic
market.
``(IV) Reduction in price
received.--If the Secretary determines
under subclause (III) that there is
excess production, the Secretary may
provide for a reduction in the price
received by producers for not more than
5 percent of all milk produced in the
48 contiguous States and marketed by
producers for commercial use.
``(V) Amount.--The amount of the
reduction under subclause (IV) in the
price received by producers shall not
exceed half the minimum price of Class
II milk.
``(VI) Additional reduction.--If
the Secretary determines that the
reduction described in subclause (IV)
is insufficient to reduce excess
production, subject to subclauses (VII)
and (VIII), the Secretary may reduce
the price received by any producer that
has increased the production of all
milk in a calendar year as compared to
the immediately preceding calendar
year.
``(VII) Application.--A reduction
in price under subclause (VI) shall
apply only to the quantity of milk
produced in excess of the quantity of
milk produced during the previous
calendar year.
``(VIII) New producer exception.--A
new producer, as defined by the
Secretary, may produce up to the
average annual production of milk under
the Federal or State milk marketing
order of the producer or the
unregulated area of the producer
without being subject to an additional
reduction under subclause (VI).
``(IX) Appeals.--A producer subject
to an additional reduction under
subclause (VI) may appeal to the
Federal or State milk marketing
administrator to provide evidence that
the producer did not increase
production in the calendar year that
the reduction was in effect when
compared to the immediately preceding
calendar year.
``(X) Extraordinary
circumstances.--In deciding an appeal
under subclause (IX), a Federal or
State milk marketing administrator may
take into consideration production
losses due to severe weather conditions
or severe disease outbreaks.
``(XI) Collection.--Except as
provided in subclause (XII), reductions
in price required under subclause (IV)
or (VI) shall be collected by Federal
and State milk marketing administrators
and timely remitted to the Commodity
Credit Corporation to offset the cost
of purchasing excess milk products.
``(XII) Collection in unregulated
areas.--Reductions in price required
for unregulated areas under subclause
(IV) or (VI) shall be collected by the
Secretary and timely remitted to the
Commodity Credit Corporation to offset
the cost of purchasing excess milk
products.
``(viii) Prohibition on certain charges.--
In carrying out this Act, the Secretary shall
not impose charges on producers for the cost of
hauling milk or the conversion of raw milk to
manufactured products.
``(ix) Responsibilities of milk purchasing
handlers.--A milk handler that purchases milk
from a producer shall--
``(I) assume title for the milk at
the time at which the milk is pumped
into a milk truck provided by or
otherwise delivered to the milk
handler; and
``(II) incur all transportation
costs of the purchased milk.
``(x) Applicability.--This subparagraph
applies to all producers and handlers of milk
in the 48 contiguous States.''.
SEC. 4. AMENDMENTS TO FEDERAL MILK MARKETING ORDERS.
Section 8c(17) of the Agricultural Adjustment Act (7 U.S.C.
608c(17)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by adding at the end the following:
``In the case of an order covering milk or milk products, disapproval
of an amendment to the order shall not be considered disapproval of the
order or of other terms of the order.''. | Federal Milk Marketing Improvement Act of 2007 - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary of Agriculture to base the minimum Class II milk price on the average production cost of producing all milk in the 48 contiguous states.
Directs the Secretary to: (1) announce the minimum price for Class II milk by November 1 of each year, with specified price adjustment dates; (2) use the Class II milk price as the basic formula price for all federal and state milk marketing orders and all unregulated milk production areas; and (3) estimate annual milk production and domestic consumption.
States that the price of Class I (fluid) milk price in all federal and state milk marketing orders and all unregulated milk production areas shall be equal to the basic formula price plus the opportunity cost of unpaid labor for producing all milk.
Prohibits imposition of producer charges for the cost of hauling milk or the conversion of raw milk to manufactured products.
Sets forth provisions respecting: (1) milk inventory management; and (2) milk handler responsibilities.
States that in the case of a federal milk order, disapproval of an amendment to the order shall not be considered disapproval of the order or of other terms of the order. | A bill to amend the Agricultural Adjustment Act to require the Secretary of Agriculture to determine the price of all milk used for manufactured purposes, which shall be classified as Class II milk, by using the national average cost of production, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition Preservation Act
of 2001''.
SEC. 2. OVERSIGHT OF AIR CARRIER PRICING.
(a) In General.--Chapter 415 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41512. Oversight of air carrier pricing
``(a) Effective Date.--
``(1) In general.--This section shall take effect
immediately upon a determination by the Secretary of
Transportation that 3 or fewer air carriers account for 70
percent or more of the scheduled revenue passenger miles in
interstate air transportation as a result of--
``(A) the consolidation or merger of the properties
(or a substantial portion of the properties) of 2 or
more of the 7 air carriers that account for the highest
number of scheduled revenue passenger miles in
interstate air transportation into a single entity that
owns or operates the properties previously in separate
ownership; or
``(B) the acquisition (by purchase, lease, or
contract to operate) of the properties (or a
substantial portion of the properties) of 1 or more of
the 7 air carriers described in subparagraph (A) by
another of such carriers.
``(2) Use of data.--For the purpose of determining the
number of scheduled revenue passenger miles under paragraph
(1), the Secretary shall use data from the latest year for
which complete data is available.
``(3) Determination of air carrier concentration.--In
making a determination under paragraph (1), the Secretary shall
attribute to an air carrier those scheduled revenue passenger
miles in interstate air transportation of the air carrier that
is consolidated, merged, or acquired that are associated with
routes adopted by the remaining carrier.
``(b) Fares of Air Carriers.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether an air carrier
is charging a fare or an average fare for interstate air
transportation on a route that is unreasonably high.
``(2) Considerations.--In determining whether a fare or an
average fare of an air carrier for interstate air
transportation on a route is unreasonably high, the Secretary
shall consider, among other factors, whether--
``(A) the fare or average fare is higher than the
fare or average fare charged by the carrier on other
routes in interstate air transportation of comparable
distances;
``(B) the fare or average fare has increased by a
significant amount in excess of any increase in the
cost to operate flights on the route; and
``(C) the range of fares specified on the route or
the carrier's entire fare system offers a reasonable
balance and a fair allocation of costs between
passengers who are primarily price sensitive and
passengers who are primarily time sensitive.
``(3) Actions in response to unreasonable fares.--If the
Secretary determines that an air carrier is charging a fare or
an average fare for interstate air transportation on a route
that is unreasonably high, the Secretary, after providing the
carrier an opportunity for a hearing, may order the carrier--
``(A) to reduce the fare;
``(B) to offer the reduced fare for a specific
number of seats on the route; and
``(C) to offer rebates to individuals who have been
charged the fare.
``(4) Period of effectiveness of order.--An order issued by
the Secretary under this subsection shall remain in effect for
a period to be determined by the Secretary.
``(c) Actions of Dominant Air Carriers in Response to New
Entrants.--If, with respect to a route in interstate air transportation
to or from a hub airport, a dominant air carrier at the airport--
``(1) institutes or changes its fares for air
transportation on the route in a manner that results in fares
that are lower than or comparable to the fares offered by a new
entrant air carrier for such air transportation; and
``(2) increases the passenger capacity at which such fares
are offered on the route to a level which is--
``(A) 2 or more times the capacity previously
offered by the carrier at such fares on the route; and
``(B) 2 or more times the total capacity offered by
the new entrant air carrier on the route, the dominant
air carrier, in the 2-year period beginning on the date that such fares
and additional capacity are instituted, shall continue to offer such
fares with respect to not less than 80 percent of the highest number of
seats per week for which the dominant air carrier has offered the
fares.
``(d) Ensuring Competition at Hub Airports.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether a dominant air
carrier at a hub airport is charging higher than average fares
at the airport.
``(2) Higher than average fares.--For purposes of paragraph
(1), the Secretary may determine that a dominant air carrier is
charging higher than average fares at a hub airport if the
carrier is charging, with respect to 20 percent or more of its
routes in interstate air transportation that begin or end at
the airport, an average fare that is at least 5 percent higher
than the average fare being charged by all air carriers on
routes in interstate air transportation of comparable distances
and density, after adjustments for costs that are carrier or
airport specific, such as passenger facility charges or
employee compensation.
``(3) Actions in response to unfair competition.--If the
Secretary determines under paragraph (1) that a dominant air
carrier is charging higher than average fares at a hub airport,
the Secretary, after providing the carrier an opportunity for a
hearing, may order the carrier to take actions to increase
opportunities for competition at the hub airport, including--
``(A) requiring the carrier to make gates, slots,
and other airport facilities available to other air
carriers on reasonable and competitive terms;
``(B) requiring adjustments in the commissions paid
by the carrier to travel agents;
``(C) requiring adjustments in the carrier's
frequent flyer program; and
``(D) requiring adjustments in the carrier's
corporate discount arrangements and comparable
corporate arrangements.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Dominant air carrier.--The term `dominant air
carrier', with respect to a hub airport, means an air carrier
that accounts for more than 50 percent of the total annual
boardings at the airport in the preceding 2-year period or a
shorter period specified in paragraph (3).
``(2) Hub airport.--The term `hub airport' means an airport
that each year has at least .25 percent of the total annual
boardings in the United States.
``(3) Interstate air transportation.--The term `interstate
air transportation' includes intrastate air transportation.
``(4) New entrant air carrier.--The term `new entrant air
carrier', with respect to a hub airport, means an air carrier
that accounts for less than 5 percent of the total annual
boardings at the airport in the preceding 2-year period or in a
shorter period specified by the Secretary if the carrier has
operated at the airport less than 2 years.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``41512. Oversight of air carrier pricing.''. | Airline Competition Preservation Act of 2001 - Amends Federal transportation law to authorize the Secretary of Transportation, on his own initiative or on a complaint, to: (1) investigate whether an air carrier is charging an unreasonably high fare or an average fare for interstate air transportation on a route; and (2) upon an affirmative finding, order the carrier to reduce the fare, offer the reduced fare for a specific number of seats on the route, and offer rebates to individuals who have been charged the fare.Prescribes fare offering requirements for a dominant air carrier (which accounts for more than 50 percent of total annual boardings) that institutes or changes its fares with respect to a route in interstate air transportation to or from a hub airport in a manner that: (1) results in fares lower than or comparable to fares offered by a new entrant air carrier; and (2) increases the passenger capacity at which such fares are offered on the route to a level two or more times the capacity previously offered by the air carrier at such fares on the route, and two or more times the total capacity offered by the new entrant air carrier on the route. Requires such a dominant air carrier to continue (in the two-year period beginning on the date that such fares and additional capacity are instituted) to offer such fares with respect to not less than 80 percent of the highest number of seats per week for which the dominant air carrier has offered them.Authorizes the Secretary, on his own initiative or on complaint, to: (1) investigate whether a dominant air carrier at a hub airport is charging higher than average fares at the airport; and (2) upon an affirmative finding, order the carrier to take specified actions to increase opportunities for competition at the hub airport.Makes this Act effective immediately upon the Secretary's determination that three or fewer air carriers account for 70 percent or more of the scheduled revenue passenger miles in interstate air transportation as a result of specified consolidations, mergers, or acquisitions. | To amend title 49, United States Code, to authorize the Secretary of Transportation to oversee the competitive activities of air carriers following a concentration in the airline industry, and for other purposes. |
SECTION 1. COLLECTION OF PAST-DUE LEGALLY ENFORCEABLE LOCAL GOVERNMENT
TAX OBLIGATIONS.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (g) through (l) as subsections (h) through
(m), respectively, and by inserting after subsection (f) the following:
``(g) Collection of Past-Due Legally Enforceable Local Government
Tax Obligations.--
``(1) In general.--Upon receiving notice from any State on
behalf of a local government, or from any eligible local
government, that a named person owes a past-due, legally
enforceable local government tax obligation to the local
government, the Secretary shall, under such conditions as may
be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such tax obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A)--
``(i) to such State for purposes of payment
by the State to the local government on behalf
of which such State submitted the notice; or
``(ii) to the eligible local government
that submitted the notice;
``(C) notify the State or eligible local government
of the person's name, taxpayer identification number,
address, and the amount collected; and
``(D) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
tax obligation.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency;
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligation; and
``(v) subsection (f) with respect to any
covered unemployment compensation debt; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person.
If the Secretary receives notice from one or more States or
eligible local governments of more than one tax obligation
subject to paragraph (1) that is owed by such person to any
local government, any overpayment by such person shall be
applied against such debts in the order in which such notices
were filed.
``(3) Notice; consideration of evidence.--
``(A) State.--No State may take action under this
subsection (on behalf of a local government) until the
local government certifies to the State that the local
government--
``(i) has notified the person owing the
past-due, legally enforceable local government
tax obligation by certified mail with return
receipt that the State (on behalf of the local
government) proposes to take action pursuant to
this section;
``(ii) has given such person at least 60
days to present evidence that all or part of
such liability is not past-due or not legally
enforceable;
``(iii) has considered any evidence
presented by such person and has determined
that an amount of such debt is past-due and
legally enforceable; and
``(iv) has satisfied such other conditions
as the Secretary may prescribe to ensure that
the determination made under clause (iii) is
valid and that the local government has made
reasonable efforts to obtain payment of such
tax obligation.
``(B) Eligible local government.--No eligible local
government may take action under this subsection until
the local government--
``(i) has notified the person owing the
past-due, legally enforceable local government
tax obligation by certified mail with return
receipt that the local government proposes to
take action pursuant to this section;
``(ii) has given such person at least 60
days to present evidence that all or part of
such liability is not past-due or not legally
enforceable;
``(iii) has considered any evidence
presented by such person and has determined
that an amount of such debt is past-due and
legally enforceable; and
``(iv) has satisfied such other conditions
as the Secretary may prescribe to ensure that
the determination made under clause (iii) is
valid and that the local government has made
reasonable efforts to obtain payment of such
tax obligation.
``(4) Past-due, legally enforceable local government tax
obligation.--In this subsection, the term `past-due, legally
enforceable local government tax obligation' means a tax debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of
competent jurisdiction which has determined an
amount of tax to be due to a local government;
or
``(II) a determination after an
administrative hearing which has determined an
amount of tax to be due to a local government;
and
``(ii) which is no longer subject to judicial
review; or
``(B) which resulted from a tax imposed by a local
government which has been assessed but not collected,
the time for redetermination of which has expired, and
which has not been delinquent for more than 10 years.
``(5) Eligible local government.--For purposes of this
subsection, the term `eligible local government' means a
municipality described in clause (ii) of section 6103(b)(5)(A).
``(6) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States (on behalf of
local governments) and eligible local governments must submit
notices of past-due, legally enforceable local government tax
obligations and the necessary information that must be
contained in or accompany such notices. The regulations shall
specify the types of taxes and the minimum amount of debt to
which the reduction procedure established by paragraph (1) may
be applied. The regulations may require States (on behalf of
local governments) and eligible local governments to pay a fee
to reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the
preceding sentence shall be used to reimburse appropriations
which bore all or part of the cost of applying such procedure.
``(7) Erroneous payment to state or local government.--Any
State or eligible local government receiving notice from the
Secretary that an erroneous payment has been made to such State
or eligible local government with respect to a notice by the
State (on behalf of a local government) or notice by the
eligible local government under paragraph (1) shall pay
promptly to the Secretary, in accordance with such regulations
as the Secretary may prescribe, an amount equal to the amount
of such erroneous payment (without regard to whether any other
amounts payable to such State or eligible local government
under such paragraph have been paid to such State or eligible
local government).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), or (e) of section 6402) is amended by striking ``or (f)'' each
place it appears in the text and heading and inserting ``(f), or (g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and (g)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and (f)'' and inserting ``, (f), and
(g)''.
(3) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(4) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable after the date of the enactment of this Act. | Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state or local government that a named individual owes a past-due legally enforceable tax obligation to a local goverment, to pay such tax debt from any federal tax refund due to such individual, after notifying such individual of the offset. | To amend the Internal Revenue Code of 1986 to allow certain local tax debts to be collected through the reduction of Federal tax refunds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Rating Acceleration for
Veteran Entitlements Act of 2008''.
SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
AS TOTAL BY REASON OF UNEMPLOYABILITY BY THE SECRETARY OF
VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II
OF THE SOCIAL SECURITY ACT.
(a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
(1) In general.--Section 223(d) of the Social Security Act
(42 U.S.C. 423(d)) is amended by adding at the end the
following new paragraph:
``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, is expected by such Secretary to have such
disability for not less than one year, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
``(i) beginning with the first month for which the
Secretary of Veterans Affairs determines the individual to have
such a rating, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines that such individual is no longer entitled
to benefits under this title on the basis of being
disabled as a result of a continuing disability review
or a determination that the individual is able to
engage in substantial gainful activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A)(ii)(I) that such individual has ceased to
be so disabled, such Secretary shall promptly certify to the
Commissioner such Secretary's determination that such individual has
ceased to be so disabled.
``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
``(i) the Secretary of Veterans Affairs to--
``(I) include in the written certification required
under subparagraph (A) the dates of services which
resulted in the service connected disability of the
individual; and
``(II) immediately notify the Commissioner of
Social Security of any knowledge of such Secretary that
an individual who is deemed to be under a disability
under subparagraph (A) engages or is able to engage in
substantial gainful activity; and
``(ii) the Commissioner of Social Security to provide the
Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.
(2) Other benefits based on disability.--
(A) Child's insurance benefits.--Section 202(d)(1)
of such Act (42 U.S.C. 402(d)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(B) Widow's insurance benefits.--Section 202(e)(1)
of such Act (42 U.S.C. 402(e)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(C) Widower's insurance benefits.--Section
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
by adding at the end the following new sentence:
``Under regulations of the Commissioner of Social
Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
``(4)(A) Notwithstanding paragraphs (1) and (2), any individual who
has a service-connected disability rated by the Secretary of Veterans
Affairs as total by reason of unemployability for purposes of benefits
under chapter 11 of title 38, United States Code, is expected by such
Secretary to have such disability for not less than one year, and
presents written certification of such rating determination to the
Commissioner of Social Security shall be deemed to be under a
disability (within the meaning of paragraph (1)) for each month--
``(i) beginning with the first month for which the
Secretary of Veterans Affairs determines the individual to have
such a rating, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines that such individual is no longer entitled
to benefits under this title on the basis of being
disabled as a result of a continuing disability review
or a determination that the individual is able to
engage in substantial gainful activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A) that such individual has ceased to be so
disabled, such Secretary shall promptly certify to the Commissioner
such Secretary's determination that such individual has ceased to be so
disabled.
``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
``(i) the Secretary of Veterans Affairs to--
``(I) include in the written certification required
under subparagraph (A) the dates of services which
resulted in the service connected disability of the
individual; and
``(II) immediately notify the Commissioner of
Social Security of any knowledge of such Secretary that
an individual who is deemed to be under a disability
under subparagraph (A) engages or is able to engage in
substantial gainful activity; and
``(ii) the Commissioner of Social Security to provide the
Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.
SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON
OF UNEMPLOYABILITY BY THE SECRETARY OF VETERANS AFFAIRS
AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL
SECURITY ACT.
Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following new
subparagraph:
``(K) In making determinations with respect to
disability under this title, the provisions of section
223(d)(7) shall apply in the same manner as they apply
to determinations of disability under title II.''.
SEC. 4. APPLICATION OF MEDICAL FINDINGS BY THE SECRETARY OF VETERANS
AFFAIRS FOR INDIVIDUALS WITH A SERVICE-CONNECTED
DISABILITY FOR PURPOSES OF DISABILITY DETERMINATIONS
UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT.
Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5))
is amended by adding at the end the following new subparagraph:
``(C) In making any determination with respect to whether an
individual is under a disability or continues to be under a disability,
the medical findings of the Secretary of Veterans Affairs, including
any findings of physical limitations, regarding any individual who has
a service-connected disability certified by the Secretary of Veterans
Affairs (without regard to whether such service-connected disability is
rated by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, and is expected by such Secretary to have such
disability for not less than one year) shall be conclusive evidence of
disability.''.
SEC. 5. TREATMENT OF VETERANS DETERMINED DISABLED FOR PURPOSES OF THE
SOCIAL SECURITY ACT AS VETERANS TOTALLY DISABLED BY
REASON OF INDIVIDUAL UNEMPLOYABILITY.
(a) In General.--Subchapter VI of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1164. Treatment of certain veterans as totally disabled by
reason of individual unemployability
``(a) In General.--A veteran who is determined by the Commissioner
of Social Security to be under a disability for purposes of title II or
XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.)
shall be treated for purposes of this chapter as being a veteran with a
disability or a combination of disabilities rated as 100 percent
disabling by reason of a determination of individual unemployability.
``(b) No Establishment of Service-Connection.--The requirement in
subsection (a) shall not be construed to establish a service-connection
or presumption of service-connection with respect to any disability of
a veteran.
``(c) Termination of Treatment.--(1) Subsection (a) shall cease to
apply to a veteran otherwise covered by that subsection upon either of
the following:
``(A) A reduction by the Secretary of the combined
disability rating of the veteran in accordance with a
determination by the Secretary that an improvement in one or
more of the veteran's disabilities has occurred.
``(B) A determination by the Commissioner of Social
Security that the veteran is no longer under a disability for
purposes of titles II and XVI of the Social Security Act.
``(2) The Commissioner of Social Security shall promptly notify the
Secretary of each determination covered by paragraph (1)(B).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title is amended by adding at the end the following
new item:
``1164. Treatment of certain veterans as totally disabled by reason of
individual unemployability.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act. | Benefit Rating Acceleration for Veteran Entitlements Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected disability rated and certified by the Secretary of Veterans Affairs as total by reason of unemployability, and expected to last at least one year.
Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.
Makes medical findings by the Secretary of Veterans Affairs of total service-connected disability by reason of unemployability conclusive evidence of disability for OASDI and SSI purposes.
Requires treatment of any determination of a veteran's disability by the Commissioner of Social Security for OASDI and SSI purposes as a disability or a combination of disabilities rated as 100% disabling by reason of individual unemployability for veterans' benefits purposes. Cautions, however, that such requirement shall not be construed to establish a service-connection or presumption of service-connection with respect to any disability of a veteran. | A bill to amend titles II and XVI of the Social Security Act to provide for treatment of disability rates and certified as total by reason of unemployability by the Secretary of Veterans Affairs as disability for purposes of such titles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Decency Enforcement Act of
2004''.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator is (i) a
broadcast station licensee or permittee, or (ii) an applicant for any
broadcast license, permit, certificate, or other instrument or
authorization issued by the Commission, and the violator is determined
by the Commission under paragraph (1) to have broadcast obscene,
indecent, or profane material, the amount of any forfeiture penalty
determined under this section shall not exceed $500,000 for each
violation.''; and
(3) in subparagraph (D), as redesignated by paragraph (1)
of this subsection--
(A) by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (C)''; and
(B) by adding at the end the following:
``Notwithstanding the preceding sentence, if the
violator is determined by the Commission under
paragraph (1) to have uttered obscene, indecent, or
profane material (and the case is not covered by
subparagraph (A), (B), or (C)), the amount of any
forfeiture penalty determined under this section shall
not exceed $500,000 for each violation.''.
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is further amended by adding at the end (after subparagraph
(E) as redesignated by section 2(1) of this Act) the following new
subparagraphs:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors:
``(i) With respect to the degree of culpability of the
violator, the following:
``(I) whether the material uttered by the violator
was live or recorded, scripted or unscripted;
``(II) whether the violator had a reasonable
opportunity to review recorded or scripted programming
or had a reasonable basis to believe live or unscripted
programming may contain obscene, indecent, or profane
material;
``(III) if the violator originated live or
unscripted programming, whether a time delay blocking
mechanism was implemented for the programming;
``(IV) the size of the viewing or listening
audience of the programming; and
``(V) whether the programming was part of a
children's television program as described in the
Commission's children's television programming policy
(47 CFR 73.4050(c)).
``(ii) With respect to the violator's ability to pay, the
following:
``(I) whether the violator is a company or
individual; and
``(II) if the violator is a company, the size of
the company and the size of the market served.
``(G) A broadcast station licensee or permittee that receives
programming from a network organization, but that is not owned or
controlled, or under common ownership or control with, such network
organization, shall not be subject to a forfeiture penalty under this
subsection for broadcasting obscene, indecent, or profane material,
if--
``(i) such material was within live or recorded programming
provided by the network organization to the licensee or
permittee; and
``(ii)(I) the programming was recorded or scripted, and the
licensee or permittee was not given a reasonable opportunity to
review the programming in advance; or
``(II) the programming was live or unscripted, and the
licensee or permittee had no reasonable basis to believe the
programming would contain obscene, indecent, or profane
material.
The Commission shall by rule define the term `network organization' for
purposes of this subparagraph.''.
SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES.
Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C.
503(b)(5) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by inserting ``(A)'' after ``(5)'';
(3) by redesignating the second sentence as subparagraph
(B);
(4) in such subparagraph (B) as redesignated--
(A) by striking ``The provisions of this paragraph
shall not apply, however,'' and inserting ``The
provisions of subparagraph (A) shall not apply (i)'';
(B) by striking ``operator, if the person'' and
inserting ``operator, (ii) if the person'';
(C) by striking ``or in the case of'' and inserting
``(iii) in the case of''; and
(D) by inserting after ``that tower'' the
following: ``, or (iv) in the case of a determination
that a person uttered obscene, indecent, or profane
material that was broadcast by a broadcast station
licensee or permittee, if the person is determined to
have willfully or intentionally made the utterance'';
and
(5) by redesignating the last sentence as subparagraph (C).
SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS.
Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b))
is amended by adding at the end thereof the following new paragraph:
``(7) In the case of an allegation concerning the utterance of
obscene, indecent, or profane material that is broadcast by a station
licensee or permittee--
``(A) within 180 days after the date of the receipt of such
allegation, the Commission shall--
``(i) issue the required notice under paragraph (3)
to such licensee or permittee or the person making such
utterance;
``(ii) issue a notice of apparent liability to such
licensee or permittee or person in accordance with
paragraph (4); or
``(iii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
notice; and
``(B) if the Commission issues such notice and such
licensee, permittee, or person has not paid a penalty or
entered into a settlement with the Commission, within 270 days
after the date of the receipt of such allegation, the
Commission shall--
``(i) issue an order imposing a forfeiture penalty;
or
``(ii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
order.''.
SEC. 6. ADDITIONAL REMEDIES FOR INDECENT BROADCAST.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end the following new subsection:
``(c) Additional Remedies for Indecent Broadcasting.--In any
proceeding under this section in which the Commission determines that
any broadcast station licensee or permittee has broadcast obscene,
indecent, or profane material, the Commission may, in addition to
imposing a penalty under this section, require the licensee or
permittee to broadcast public service announcements that serve the
educational and informational needs of children. Such announcements may
be required to reach an audience that is up to 5 times the size of the
audience that is estimated to have been reached by the obscene,
indecent, or profane material, as determined in accordance with
regulations prescribed by the Commission.''.
SEC. 7. LICENSE DISQUALIFICATION FOR VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end (after subsection (c) as added by
section 6) the following new subsection:
``(d) Consideration of License Disqualification for Violations of
Indecency Prohibitions.--If the Commission issues a notice under
paragraph (3) or (4) of subsection (b) to a broadcast station licensee
or permittee looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that the licensee or permittee
broadcast obscene, indecent, or profane material, and either--
``(1) such forfeiture penalty has been paid, or
``(2) a court of competent jurisdiction has ordered payment
of such forfeiture penalty, and such order has become final,
then the Commission shall, in any subsequent proceeding under section
308(b) or 310(d), take into consideration whether the broadcast of such
material demonstrates a lack of character or other qualifications
required to operate a station.''.
SEC. 8. LICENSE RENEWAL CONSIDERATION OF VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k))
is amended by adding at the end the following new paragraph:
``(5) License renewal consideration of violations of
indecency prohibitions.--If the Commission has issued a notice
under paragraph (3) or (4) of section 503(b) to a broadcast
station licensee or permittee with respect to a broadcast
station looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that such broadcast
station broadcast obscene, indecent, or profane material, and--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then such violation shall be treated as a serious violation for
purposes of paragraph (1)(B) of this subsection with respect to
the renewal of the license or permit for such station.''.
SEC. 9. LICENSE REVOCATION FOR VIOLATIONS OF INDECENCY PROHIBITIONS.
Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is
amended by adding at the end the following new subsection:
``(h) License Revocation for Violations of Indecency
Prohibitions.--
``(1) Consequences of multiple violations.--If, in each of
3 or more proceedings during the term of any broadcast license,
the Commission issues a notice under paragraph (3) or (4) of
section 503(b) to a broadcast station licensee or permittee
with respect to a broadcast station looking toward the
imposition of a forfeiture penalty under this Act based on an
allegation that such broadcast station broadcast obscene,
indecent, or profane material, and in each such proceeding
either--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then the Commission shall commence a proceeding under
subsection (a) of this section to consider whether the
Commission should revoke the station license or construction
permit of that licensee or permittee for such station.
``(2) Preservation of authority.--Nothing in this
subsection shall be construed to limit the authority of the
Commission to commence a proceeding under subsection (a).''.
SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF THE COMMISSION.
Each annual report submitted by the Federal Communications
Commission after the date of enactment of this Act shall, in accordance
with section 4(k)(2) of the Communications Act of 1934 (47 U.S.C.
154(k)(2)), include the following:
(1) The number of complaints received by the Commission
during the year covered by the report alleging that a broadcast
contained obscene, indecent, or profane material, and the
number of programs to which such complaints relate.
(2) The number of those complaints that have been dismissed
or denied by the Commission.
(3) The number of complaints that have remained pending at
the end of the year covered by the annual report.
(4) The number of notices issued by the Commission under
paragraph (3) or (4) of section 503(b) of the Communications
Act of 1934 (47 U.S.C. 503(b)) during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(5) For each such notice, a statement of--
(A) the amount of the proposed forfeiture;
(B) the program, station, and corporate parent to
which the notice was issued;
(C) the length of time between the date on which
the complaint was filed and the date on which the
notice was issued; and
(D) the status of the proceeding.
(6) The number of forfeiture orders issued pursuant to
section 503(b) of such Act during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(7) For each such forfeiture order, a statement of--
(A) the amount assessed by the final forfeiture
order;
(B) the program, station, and corporate parent to
which it was issued;
(C) whether the licensee has paid the forfeiture
order; and
(D) the amount paid by the licensee.
(8) In instances where the licensee has refused to pay,
whether the Commission referred such order to the Department of
Justice to collect the penalty.
(9) In cases where the Commission referred such order to
the Department of Justice--
(A) the number of days from the date the Commission
issued such order to the date the Commission referred
such order to the Department;
(B) whether the Department has commenced an action
to collect the penalty, and if such action was
commenced, the number of days from the date the
Commission referred such order to the Department to the
date the action by the Department commenced; and
(C) whether the collection action resulted in a
payment, and if such action resulted in a payment, the
amount of such payment.
SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.
(a) Inquiry and Report Required.--The General Accounting Office
shall conduct a study examining--
(1) the number of complaints concerning the broadcasting of
obscene, indecent, and profane material to the Federal
Communications Commission;
(2) the number of such complaints that result in final
agency actions by the Commission;
(3) the length of time taken by the Commission in
responding to such complaints;
(4) what mechanisms the Commission has established to
receive, investigate, and respond to such complaints; and
(5) whether complainants to the Commission are adequately
informed by the Commission of the responses to their
complaints.
(b) Submission of Report.--The General Accounting Office shall
submit a report on the results of such study within one year after the
date of enactment of this Act to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
SEC. 12. SENSE OF THE CONGRESS.
(a) Reinstatement of Policy.--It is the sense of the Congress that
the broadcast television station licensees should reinstitute a family
viewing policy for broadcasters.
(b) Definition.--For purposes of this section, a family viewing
policy is a policy similar to the policy that existed in the United
States from 1975 to 1983, as part of the National Association of
Broadcaster's code of conduct for television, and that included the
concept of a family viewing hour.
SEC. 13. IMPLEMENTATION.
(a) Regulations.--The Commission shall prescribe regulations to
implement the amendments made by this Act within 180 days after the
date of enactment of this Act.
(b) Prospective Application.--This Act and the amendments made by
this Act shall not apply with respect to material broadcast before the
date of enactment of this Act.
(c) Separability.--Section 708 of the Communications Act of 1934
(47 U.S.C. 608) shall apply to this Act and the amendments made by this
Act.
Passed the House of Representatives March 11, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.
(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.
(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.
(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.
(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.
(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.
(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.
(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.
(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.
(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983. | To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmissions of obscene, indecent, and profane material, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Commission on Missing
Persons Assistance Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The issue of persons missing from war, violations of
human rights, natural disasters, and other involuntary reasons
represents a global challenge that affects the United States.
Every year an estimated 150,000 persons go missing from natural
disasters alone, and globally there are currently over a
million reported cases of persons missing from wars and
violations of human rights. In addition there are thousands of
reported cases a year of persons missing from trafficking, drug
related violence, and other causes.
(2) There continues to be a need, therefore, for an
organization with a global reach to assist governments in
locating persons who are missing for a myriad of involuntary
reasons. The International Commission on Missing Persons (ICMP)
is the only organization in the world that has been developed
to meet this global need. It has 15 years of experience in
assisting governments locate persons missing from wars, human
rights abuses, and natural disasters, and there is an
increasing demand for ICMP to assist in other missing persons'
scenarios, such as, for example, trafficking and drug related
violence.
(3) Since the ICMP was created at the initiative of the
United States in 1996 at a G-7 Summit to address the issue of
persons missing from the conflicts of the 1990s in the former
Yugoslavia, the ICMP has developed a unique, DNA led process
that has led to the identification of over 18,000 individuals.
(4) At the ICMP's founding, the Department of State
facilitated obtaining a headquarters' agreement with Bosnia and
Herzegovina that provided ICMP with privileges and immunities
so that it could carry out its work, which was to secure the
cooperation of governments in locating and identifying missing
persons from the conflicts. In its headquarters' agreement,
ICMP is recognized as an organization equivalent to an inter-
governmental organization.
(5) ICMP's model requires governments to take
responsibility for clarifying the fate of missing persons via
governmental and rule of law mechanisms. In doing so,
governments build public trust in rule of law institutions,
seek to account for all regardless of their status or role in
conflicts, and fulfill their obligations to surviving families
of the missing.
(6) ICMP works closely with associations of families of
missing persons, developing their capacity to take an active
role in the missing persons' process, including holding
governments to account and encouraging cooperation across
ethnic or sectarian divisions.
(7) ICMP's work in post-conflict societies supports efforts
to prevent future conflict and directly contributes to truth
and reconciliation. ICMP also provides evidence including
testimony in courts prosecuting war crimes.
(8) ICMP also assists countries facing large scale loss of
life following natural or manmade disasters. With the highest
throughput identification laboratory system in the world and
unparalleled experience in the management of mortal remains,
ICMP has become INTERPOL's primary partner in Disaster Victim
Identification (DVI).
(9) ICMP's operational success has exceeded all
expectations and its law-based approach that includes the
judiciary and affiliated domestic legal services has been
extended to Colombia and Iraq. ICMP has also provided technical
assistance to Chile and South Africa on conflict and human
rights' cases and the United States, Thailand, and the
Philippines following natural disasters, such as Hurricane
Katrina.
(10) In the intervening years there has also been increased
demand for ICMP's work to address other cases of missing
persons, including persons missing from trafficking, drug
related violence and to other missing persons' scenarios.
(11) Currently ICMP, through an agreement facilitated by
the Department of State in 1997, has such a status in Bosnia
and Herzegovina, thus, for example, allowing it to maintain and
protect a database that contains 150,000 genetic profiles. In
two years' time, ICMP will experience a situation of
diminishing resources on its assistance in the Balkans, which
could have continued political consequences on its work if it
maintains its headquarters and capacities in that region.
However, moving ICMP's headquarters and technical capacities
from Bosnia and Herzegovina would have immediate consequences
on ICMP's ability to maintain some of its current core
technical activities.
(12) ICMP is not incorporated under the domestic law of any
country, and is by implication not a nongovernmental
organization. In order to carry out its work, ICMP has been
granted the status of a quasi-international organization with
international legal capacities in Bosnia, Croatia, Macedonia,
and Serbia. However, that status is not universally recognized,
which has led to an unclear legal situation outside these
countries.
(13) Certain immunities are required for operations
considering that ICMP operates on sovereign territory in crime
scenes (such as mass graves) and holds considerable quantities
of confidential genetic information relating to victims of
human rights' abuses and their surviving relatives.
(14) A series of meetings convened by the ICMP during 2002
and 2004, with government representatives from the United
States, Denmark, the Netherlands, and the United Kingdom,
reviewed the ICMP's work and its need for a permanent and
internationally recognized legal status. The representatives
produced a draft framework agreement, which remains unratified,
but the government representatives did agree to expand ICMP's
work, thus allowing it to work globally in assisting
governments, and the representatives also stipulated that ICMP
should extend its activities to include assistance to
governments in locating persons missing from natural disasters,
as well as from wars and violations of human rights.
SEC. 3. STATEMENT OF POLICY.
It is the sense of Congress that--
(1) the United States should continue to support the work
of the International Commission on Missing Persons (ICMP) to--
(A) clarify the fate of persons missing as a result
of conflict and natural and man-made disasters; and
(B) collect and maintain sensitive genetic
information for victim identification;
(2) the United States should continue to support the
expansion of the ICMP's mandate to include assistance to
governments in locating all persons missing for involuntary
reasons;
(3) the President should enunciate a clear policy of
assisting the ICMP in establishing a permanent and
internationally recognized legal status to carry out its
mandate globally; and
(4) the Secretary of State shall make every effort to
advance this proposal at the United Nations.
SEC. 4. REPORT.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall submit to Congress a report on the
activities carried out in accordance with section 3. | International Commission on Missing Persons Assistance Act of 2012 - Expresses the sense of Congress that: (1) the United States should support the work of the International Commission on Missing Persons (ICMP) to clarify the fate of persons missing as a result of conflict and natural and man-made disasters, (2) the United States should support the expansion of the ICMP's mandate to include assistance to governments in locating persons missing for involuntary reasons, (3) the President should enunciate a policy of assisting the ICMP in establishing a permanent and internationally recognized legal status, and (4) the Secretary of State shall make every effort to advance this proposal at the United Nations (U.N.).
Directs the Secretary to report to Congress regarding such activities. | To authorize the Secretary of State to assist the International Commission on Missing Persons to establish a permanent and international legal status with the immunities required for operations globally, to continue the financial support of the United States of the ICMP in their work to assist governments and other authorities in locating and identifying persons missing as a result of conflicts or natural or man-made disasters, to support the investigation of genocide and mass atrocities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Information
Sharing Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified information
to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and local
personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities
and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency preparation
and response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist Threat
Warning System, have been established for rapid sharing of
classified and sensitive but unclassified information among
Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(b) Sense of Congress.--It is the sense of Congress that Federal,
State, and local entities should share homeland security information to
the maximum extent practicable, with special emphasis on hard-to-reach
urban and rural communities.
SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES.
(a) Presidential Procedures for Determining Extent of Sharing of
Homeland Security Information.--(1) The President shall prescribe
procedures under which relevant Federal agencies determine--
(A) whether, how, and to what extent homeland security
information may be shared with appropriate State and local
personnel, and with which such personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
whether, how, and to what extent to remove classified
information, as appropriate, and with which such personnel it
may be shared after such information is removed.
(2) The President shall ensure that such procedures apply to all
agencies of the Federal Government.
(3) Such procedures shall not change the substantive requirements
for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security Information.--(1)
Under procedures prescribed by the President, all appropriate agencies,
including the intelligence community, shall, through information
sharing systems, share homeland security information with appropriate
State and local personnel to the extent such information may be shared,
as determined in accordance with subsection (a), together with
assessments of the credibility of such information.
(2) Each information sharing system through which information is
shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients
for each capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of
organization, position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall establish
conditions on the use of information shared under paragraph (1)--
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure, to
the greatest extent practicable, that the information sharing system
through which information is shared under such paragraph include
existing information sharing systems, including, but not limited to,
the National Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning System of
the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system through
which information is shared under paragraph (1), and shall therefore
have access to all information, as appropriate, shared under such
paragraph.
(6) The procedures prescribed under paragraph (1) shall ensure that
appropriate State and local personnel are authorized to use such
information sharing systems--
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security information
of their own jurisdictions, which shall be marked appropriately
as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central
Intelligence and the Attorney General, each appropriate Federal agency,
as determined by the President, shall review and assess the information
shared under paragraph (6) and integrate such information with existing
intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--(1) The
President shall prescribe procedures under which Federal agencies may,
to the extent the President considers necessary, share with appropriate
State and local personnel homeland security information that remains
classified or otherwise protected after the determinations prescribed
under the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may include
one or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces of the Department
of Justice, and regional Terrorism Early Warning Groups.
(d) Responsible Officials.--For each affected Federal agency, the
head of such agency shall designate an official to administer this Act
with respect to such agency.
(e) Federal Control of Information.--Under procedures prescribed
under this section, information obtained by a State or local government
from a Federal agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing or
requiring such a government to disclose information shall not apply to
such information.
(f) Definitions.--In this section:
(1) The term ``homeland security information'' means any
information possessed by a Federal, State, or local agency
that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict,
or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a terrorist act.
(2) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally
elected officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency
personnel.
(F) Employees of private-sector entities that
affect critical infrastructure, cyber, economic, or
public health security, as designated by the Federal
government in procedures developed pursuant to this
section.
(4) The term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
SEC. 4. REPORT.
(a) Report Required.--Not later than 12 months after the date of
the enactment of this Act, the President shall submit to the
congressional committees specified in subsection (b) a report on the
implementation of section 3. The report shall include any
recommendations for additional measures or appropriation requests,
beyond the requirements of section 3, to increase the effectiveness of
sharing of information among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 3. | Homeland Security Information Sharing Act - Directs the President to: (1) prescribe procedures for Federal agencies for sharing homeland security information with State and local personnel, for identifying and safeguarding homeland security information that is sensitive but unclassified, and for removing classified information; and (2) ensure that such procedures apply to all Federal agencies.Requires all appropriate agencies including the intelligence community, under procedures prescribed by the President, to share homeland security information (with credibility assessments) with State and local personnel. Directs that: (1) such procedures establish conditions on the use of information shared to limit the re-dissemination of information, ensure information security and confidentiality, protect the rights of individuals who are subjects of such information, and provide data integrity through timely removal and destruction of obsolete or erroneous information, and include existing information sharing systems; and (2) each appropriate Federal agency have access to each information sharing system and the information within it.Directs the President to prescribe procedures under which Federal agencies may share classified homeland security information with appropriate State and local personnel, including through security clearance investigations, non-disclosure agreements (for information that is sensitive but unclassified), and increased use of information-sharing partnerships.Directs that information obtained by a State or local government from a Federal agency under this Act remain under the Federal agency's control, and that a State or local law authorizing or requiring such a government to disclose information not apply to such information. | A bill to provide for the sharing of homeland security information by Federal intelligence and law enforcement agencies with State and local entities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hope Offered through Principled and
Ethical Stem Cell Research Act'' or the ``HOPE Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions; and
(2) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo or embryos other than those that are naturally
dead.
SEC. 3. HUMAN PLURIPOTENT STEM CELL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498C the following:
``SEC. 498D. HUMAN PLURIPOTENT STEM CELL RESEARCH.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, or testing of stem cells, including pluripotent
stem cells that have the flexibility of embryonic stem cells (whether
or not they have an embryonic source), that may result in improved
understanding of or treatments for diseases and other adverse health
conditions, provided that the isolation, derivation, production, or
testing of such cells will not involve--
``(1) the creation of a human embryo or embryos for
research purposes; or
``(2) the destruction or discarding of, or risk of injury
to, a human embryo or embryos other than those that are
naturally dead.
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines that--
``(1) provide guidance concerning the next steps required
for additional research, which shall include a determination of
the extent to which specific techniques may require additional
animal research to ensure that any research involving human
cells using these techniques would clearly be consistent with
the standards established under subsection (a);
``(2) prioritize research with the greatest potential for
near-term clinical benefit;
``(3) consistent with standards established under
subsection (a), take into account techniques outlined by the
President's Council on Bioethics and any other appropriate
techniques and research; and
``(4) in the case of research involving stem cells from a
naturally dead embryo, require assurances from grant applicants
that no alteration of the timing, methods, or procedures used
to create, maintain, or intervene in the development of a human
embryo was made solely for the purpose of deriving the stem
cells.
``(c) Reporting Requirements.--Not later than January 1 of each
year, the Secretary shall prepare and submit to the appropriate
committees of the Congress a report describing the activities carried
out under this section during the fiscal year, including a description
of the research conducted under this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of enactment of
this section regarding the eligibility of stem cell lines for funding
by the National Institutes of Health.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) Naturally dead.--The term `naturally dead' means
having naturally and irreversibly lost the capacity for
integrated cellular division, growth, and differentiation that
is characteristic of an organism, even if some cells of the
former organism may be alive in a disorganized state.
``(2) Human embryo or embryos.--The term `human embryo or
embryos' includes any organism, not protected as a human
subject under part 46 of title 45, Code of Federal Regulations,
as of the date of enactment of this section, that is derived by
fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.
``(3) Risk of injury.--The term `risk of injury' means
subjecting a human embryo or embryos to risk of injury or death
greater than that allowed for research on fetuses in utero
under section 46.204(b) of title 45, Code of Federal
Regulations, and section 498(b) of this Act.''.
SEC. 4. NATIONAL AMNIOTIC AND PLACENTAL STEM CELL BANK.
(a) In General.--The Secretary of Health and Human Services shall
enter into a contract with the Institute of Medicine for the conduct of
a study to recommend an optimal structure for an amniotic and placental
stem cell bank program and to address pertinent issues to maximize the
potential of such technology, including collection, storage, standards
setting, information sharing, distribution, reimbursement, research,
and outcome measures. In conducting such study, the Institute should
receive input from relevant experts including the existing operators of
federal tissue bank programs and the biomedical research programs
within the Department of Defense.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Institute of Medicine shall complete the study under
subsection (a) and submit to the Secretary of Health and Human Services
and the appropriate committees of Congress a report on the results of
such study.
Passed the Senate April 11, 2007.
Attest:
NANCY ERICKSON,
Secretary. | Hope Offered through Principled and Ethical Stem Cell Research Act or the HOPE Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to develop techniques for the isolation, derivation, production, or testing of stem cells, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), that may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a human embryo or embryos for research purposes; or (2) the destruction or discarding of, or risk of injury to, a human embryo of embryos other than those that are naturally dead.
Requires the Secretary to: (1) provide guidance concerning the next steps required for additional research; (2) prioritize research with the greatest potential for near-term clinical benefits; (3) take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research; and (4) require assurances from grant applicants, in the case of research involving stem cells from a naturally dead embryo, that no alteration of the timing, methods, or procedures used to create, maintain, or intervene in the development of a human embryo was made solely for the purpose of deriving the stem cells.
Sets forth reporting requirements.
Authorizes appropriations.
(Sec. 4) Directs the Secretary to enter into a contract with the Institute of Medicine to conduct a study to: (1) recommend an optimal structure for an amniotic and placental stem cell bank program; and (2) address pertinent issues to maximize the potential of such technology. | A bill to intensify research to derive human pluripotent stem cell lines. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are over 600 different Federal financial
assistance programs to implement domestic policy;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some Federal administrative
requirements may be duplicative, burdensome, or conflicting,
thus impeding cost-effective delivery of services at the local
level;
(3) the Nation's State, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems which require the delivery and coordination of
many kinds of services; and
(4) streamlining and simplifying Federal financial
assistance administrative procedures and reporting requirements
will improve the delivery of services to the public.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the effectiveness and performance of Federal
financial assistance programs;
(2) simplify Federal financial assistance application and
reporting requirements;
(3) improve the delivery of services to the public; and
(4) facilitate greater coordination among those responsible
for delivering such services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Federal agency.--The term ``Federal agency'' means any
agency as defined under section 551(1) of title 5, United
States Code.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given that term under
section 7501(a) of title 31, United States Code, under which
Federal financial assistance is provided, directly or
indirectly, to a non-Federal entity.
(4) Local government.--The term ``local government'' has
the meaning given that term under section 7501(a) of title 31,
United States Code.
(5) Non-federal entity.--The term ``non-Federal entity''
means a State, local government, or nonprofit organization.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means any corporation, trust, association,
cooperative, or other organization that--
(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes
in the public interest;
(B) is not organized primarily for profit; and
(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
(7) State.--The term ``State'' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, and any instrumentality thereof, any multi-State,
regional, or interstate entity which has governmental
functions, and any federally recognized Indian tribe.
(8) Tribal government.--The term ``tribal government''
means an Indian tribe, as that term is defined in section
7501(a) of title 31, United States Code.
(9) Uniform administrative rule.--The term ``uniform
administrative rule'' means a Governmentwide uniform rule for
any generally applicable requirement established to achieve
national policy objectives that applies to multiple Federal
financial assistance programs across Federal agencies.
SEC. 5. DUTIES OF THE DIRECTOR.
(a) In General.--The Director, in consultation with agency heads
and representatives of non-Federal entities, shall direct, coordinate,
and assist Federal agencies in implementing--
(1) a common application and reporting system, including--
(A) a common application or set of common
applications, wherein a non-Federal entity can apply
for Federal financial assistance from multiple Federal
financial assistance programs that serve similar
purposes and are administered by different Federal
agencies;
(B) a common system, including electronic
processes, wherein a non-Federal entity can apply for,
manage, and report on the use of funding from multiple
Federal financial assistance programs that serve
similar purposes and are administered by different
Federal agencies; and
(C) uniform administrative rules for Federal
financial assistance programs across different Federal
agencies; and
(2) an interagency process for addressing--
(A) ways to streamline and simplify Federal
financial assistance administrative procedures and
reporting requirements for non-Federal entities;
(B) improved interagency and intergovernmental
coordination of information collection and sharing of
data pertaining to Federal financial assistance
programs, including appropriate information sharing
consistent with section 552a of title 5, United States
Code; and
(C) improvements in the timeliness, completeness,
and quality of information received by Federal agencies
from recipients of Federal financial assistance.
(b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
(c) Review of Plans and Reports.--Upon the request of the Director,
agencies shall submit to the Director, for the Director's review,
information and other reporting regarding agency implementation of this
Act.
(d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which shall be
available to the public through the website of the Office of Management
and Budget.
(e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness, performance, and coordination of Federal
financial assistance programs.
(f) Deadline.--All actions required under this section shall be
carried out not later than 18 months after the date of the enactment of
this Act.
SEC. 6. COLLECTION OF INFORMATION.
Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.
SEC. 7. JUDICIAL REVIEW.
There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.
SEC. 8. STATUTORY REQUIREMENTS.
Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.
SEC. 9. EFFECTIVE DATE AND SUNSET.
This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective 8 years after such date of enactment. | Federal Financial Assistance Management Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to direct, coordinate, and assist federal agencies in implementing: (1) a common application and reporting system and uniform administrative rules for federal financial assistance programs; and (2) an interagency process for addressing ways to streamline and simplify federal financial assistance administrative procedures and reporting requirements for state and local governments and nonprofit organizations (non-federal entities), improved interagency and intergovernmental coordination of information collection and data sharing, and improvements in the timeliness, completeness, and quality of information received by agencies from recipients of federal financial assistance. Authorizes the Director to exempt any federal agency or federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of federal financial assistance programs. | To improve the effectiveness and performance of Federal financial assistance programs, simplify Federal financial assistance application and reporting requirements, and improve the delivery of services to the public. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy and High Performance Schools
Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) American kindergarten through grade 12 schools spend
over $6,000,000,000 annually on energy costs, which is more
than is spent on books and computers combined.
(2) Approximately 25,000,000 students are attending schools
with at least 1 unsatisfactory environmental condition.
(3) Educators teach and students learn best in an
environment that is comfortable, healthy, naturally lit where
possible, and in good repair, and studies have indicated that
student achievement is greater and attendance higher when those
conditions are met.
(4) Over half of our Nation's kindergarten through grade 12
schools are more than 40 years old and in need of renovation to
reach such standard of efficiency and comfort, and 6,000 new
schools will be required over the next 10 years to accommodate
the growing number of students.
(5) Inadequate ventilation in school buildings, poor
lighting and acoustical quality, and uncomfortable temperatures
can cause poor health and diminish students' capacity to
concentrate and excel.
(6) Inefficient use of water, either in consumption or from
poorly maintained systems, is prevalent in older schools.
(7) Using a whole building approach in the design of new
schools and the renovation of existing schools (considering how
materials, systems, and products connect and overlap and also
how a school is integrated on its site and within the
surrounding community) will result in healthy and high
performance school buildings.
(8) Adoption of whole building concepts has been shown to
result in dramatic improvements in student and teacher
performance.
(9) Adopting a whole building approach usually results in a
lower life cycle cost for the school building than for a
conventionally designed and built building.
(10) Systematic use of energy conservation in school
construction and renovation projects can save at least one
quarter of current energy costs, leaving more money for
teachers and educational materials.
(11) The use of renewable energy sources such as
daylighting, solar, wind, geothermal, hydropower, and biomass
power in a building already designed to be energy-efficient can
help meet the building's energy needs without added emissions.
(12) Using environmentally preferable products and
providing for adequate supplies of fresh air will improve
indoor air quality and provide healthful school buildings.
(13) Most school districts do not have the knowledge of
cutting-edge design and technologies to integrate optimum
efficiency and environmentally healthy designs into new school
construction or into school renovations.
(b) Purpose.--It is the purpose of this Act to assist local
educational agencies in the production of high performance elementary
school and secondary school buildings that are healthful, productive,
energy-efficient, and environmentally sound.
SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.
(a) Program.--There is established in the Department of Education
the High Performance Schools Program (in this Act referred to as the
``Program'').
(b) Grants.--The Secretary, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection Agency,
may, through the Program, award grants to State educational agencies to
permit such State educational agencies to carry out subsection (c).
(c) State Use of Funds.--
(1) Subgrants.--
(A) In general.--A State educational agency
receiving a grant under this Act shall use the grant
funds made available under section 4(a)(1) to award
subgrants to local educational agencies to permit such
local educational agencies to carry out the activities
described in subsection (d).
(B) Limitation.--A State educational agency shall
award subgrants under subparagraph (A) to local
educational agencies that have made a commitment to use
the subgrant funds to develop healthy, high performance
school buildings in accordance with the plan developed
and approved pursuant to subparagraph (C)(i).
(C) Implementation.--
(i) Plans.--A State educational agency
shall award subgrants under paragraph (1) only
to local educational agencies that, in
consultation with the State educational agency
and State offices with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which such
subgrants are made.
(ii) Supplementing grant funds.--The State
educational agency shall encourage qualifying
local educational agencies to supplement their
subgrant funds with funds from other sources in
the implementation of their plans.
(2) Administration.--A State educational agency receiving a
grant under this Act shall use the grant funds made available
under section 4(a)(2)--
(A) to evaluate compliance by local educational
agencies with the requirements of this Act;
(B) to distribute information and materials to
clearly define and promote the development of healthy,
high performance school buildings for both new and
existing facilities;
(C) to organize and conduct programs for school
board members, school district personnel, architects,
engineers, and others to advance the concepts of
healthy, high performance school buildings;
(D) to obtain technical services and assistance in
planning and designing high performance school
buildings; and
(E) to collect and monitor information pertaining
to the high performance school building projects funded
under this Act.
(3) Promotion.--Subject to section 4(a), a State
educational agency receiving a grant under this Act may use
grant funds for promotional and marketing activities, including
facilitating private and public financing, working with school
administrations, students, and communities, and coordinating
public benefit programs.
(d) Local Use of Funds.--
(1) In general.--A local educational agency receiving a
subgrant under subsection (c)(1) shall use such subgrant funds
for new school building projects and renovation projects that--
(A) achieve energy-efficiency performance that
reduces energy use to at least 30 percent below that of
a school constructed in compliance with standards
prescribed in Chapter 8 of the 2000 International
Energy Conservation Code, or a similar State code
intended to achieve substantially equivalent results;
and
(B) achieve environmentally healthy schools in
compliance with Federal and State codes intended to
achieve healthy and safe school environments.
(2) Existing buildings.--A local educational agency
receiving a subgrant under subsection (c)(1) for renovation of
existing school buildings shall use such subgrant funds to
achieve energy efficiency performance that reduces energy use
below the school's baseline consumption, assuming a 3-year,
weather-normalized average for calculating such baseline and to
help bring schools into compliance with health and safety
standards.
SEC. 4. ALLOCATION OF FUNDS.
(a) In General.--A State receiving a grant under this Act shall
use--
(1) not less than 70 percent of such grant funds to carry
out section 3(c)(1); and
(2) not less than 15 percent of such grant funds to carry
out section 3(c)(2).
(b) Reservation.--The Secretary may reserve an amount not to exceed
$300,000 per year from amounts appropriated under section 6 to assist
State educational agencies in coordinating and implementing the
Program. Such funds may be used to develop reference materials to
further define the principles and criteria to achieve healthy, high
performance school buildings.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--The Secretary shall conduct a biennial review of
State actions implementing this Act, and shall report to Congress on
the results of such reviews.
(b) Reviews.--In conducting such reviews, the Secretary shall
assess the effectiveness of the calculation procedures used by State
educational agencies in establishing eligibility of local educational
agencies for subgrants under this Act, and may assess other aspects of
the Program to determine whether the aspects have been effectively
implemented.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $250,000,000 for each of fiscal years 2002 through
2005; and
(2) such sums as may be necessary for each of fiscal years
2006 through 2011.
SEC. 7. DEFINITIONS.
In this Act:
(1) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the same
meanings given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Healthy, high performance school building.--The term
``healthy, high performance school building'' means a school
building which, in its design, construction, operation, and
maintenance, maximizes use of renewable energy and energy-
efficient practices, is cost-effective on a life cycle basis,
uses affordable, environmentally preferable, durable materials,
enhances indoor environmental quality, protects and conserves
water, and optimizes site potential.
(3) Local educational agency.--The term ``local educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(4) Renewable energy.--The term ``renewable energy'' means
energy produced by solar, wind, geothermal, hydroelectric, or
biomass power.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State educational agency.--The term ``State educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801). | Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program.Authorizes the Secretary of Education to award grants to States to provide subgrants to local educational agencies for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy. | A bill to establish Healthy and High Performance Schools Program in the Department of Education and for other purposes. |
SECTION 1. TEACHING CHILDREN TO SAVE LIVES.
Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following:
``PART G--TEACHING CHILDREN TO SAVE LIVES
``SEC. 1271. SHORT TITLE.
``This part may be cited as the `Teaching Children To Save Lives
Act'.
``SEC. 1272. FINDINGS.
``The Congress finds the following:
``(1) Teaching school children to perform the life-saving
skill of cardiopulmonary resuscitation (CPR), to identify and
respond to choking victims, and to recognize the signs of
stroke can improve their confidence in responding to an
emergency and can encourage continued efforts to update these
skills after graduation, thereby potentially reducing the rate
of death from sudden cardiac arrest, choking and stroke.
``(2) Heart disease is the leading cause of death in the
United States.
``(3) 220,000 Americans die each year of sudden cardiac
arrest.
``(4) The American Heart Association estimates that the
lives of 50,000 cardiac arrest victims could be saved each year
through initiating a course of action known as the `chain of
survival'.
``(5) The chain of survival includes prompt notification of
emergency services and early CPR, defibrillation, and advanced
cardiac life support.
``(6) An important part of United States school children's
education is learning healthy behaviors, including proper
nutrition and physical activity. This health education should
also include basic emergency life-saving skills.
``(7) Incorporating these lifesaving training programs into
the health curriculum of elementary and secondary schools will
give school children these skills.
``SEC. 1273. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.
``(a) In General.--The Secretary, acting through the Health
Resources and Services Administration, is authorized to award grants to
State agencies to enable the State agencies to award grants to local
agencies and targeted schools or school districts for cardiopulmonary
resuscitation (CPR) training in targeted localities. Such training
shall utilize nationally recognized training courses. Such grants in
conjunction with local efforts shall ensure that training sites have
the ability to start up, including funds for instructor training,
training in CPR instruction, purchase of printed informational or
instructional materials, manikins, automated external defibrillator
(AED) training devices, and other equipment.
``(b) Community Partnerships.--A State agency shall award grants
under this section in a manner that encourages and fosters new and
existing community partnerships with and among public and private
organizations (such as local educational agencies, nonprofit
organizations, public health organizations, emergency medical service
providers, fire and police departments, and parent-teacher
associations) to aid in providing CPR training in a nationally approved
program in targeted schools.
``(c) Award Basis.--In awarding grants under this section a State
agency shall take into consideration--
``(1) the need for and existence of CPR training programs
in targeted schools or communities served by targeted schools;
``(2) geographic barriers to coordinating CPR training
programs; and
``(3) options to maximize the use of funds provided under
this section.
``(d) AED Training Devices.--To be eligible to receive a grant
under this section for the purchase of an AED training device, a local
agency or targeted school shall demonstrate that such agency or school
is currently implementing a CPR training program.
``(e) Definitions.--In this section:
``(1) AED.--The term `AED' means automated external
defibrillator.
``(2) CPR.--The term `CPR' means cardiopulmonary
resuscitation.
``(3) Instructor.--The term `instructor' means a nurse,
principal, school counselor, teacher, or other qualified
individual who is certified by a nationally recognized program
to train individuals in CPR.
``(4) Targeted school.--The term `targeted school' means a
public elementary school or secondary school (as defined in
section 14101 of the Elementary and Secondary Education Act of
1965) that includes students in any of grades 6 through 12.
``(f) Regulations.--The Secretary may make rules to carry out this
part.
``SEC. 1274. REPORT.
``The Secretary shall prepare and submit to Congress a report
regarding the activities assisted under this part.
``SEC. 1275. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
$30,000,000 for the 3-fiscal year period beginning in fiscal year
2002.''.
Passed the Senate November 16, 2001.
Attest:
JERI THOMSON,
Secretary. | Teaching Children to Save Lives Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to make grants to State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training. Requires such training to use nationally recognized training courses, and to be in public schools which include students in any of grades six through 12.Requires such grants to be used to: (1) ensure, in conjunction with local efforts, that training sites have the ability to start up; and (2) foster community partnerships among public and private organizations to help provide such training. | A bill to provide grants for cardiopulmonary resuscitation (CPR) training in public schools. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Radio Free Asia (referred to in this Act as ``RFA'')--
(A) was authorized under section 309 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208);
(B) was incorporated as a private, non-profit corporation
in March 1996 in the hope that its operations would soon be
obviated by the global advancement of democracy; and
(C) is headquartered in Washington, DC, with additional
offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, and
Taipei.
(2) RFA broadcasts serve as substitutes for indigenous free
media in regions lacking free media outlets.
(3) The mission of RFA is ``to provide accurate and timely news
and information to Asian countries whose governments prohibit
access to a free press'' in order to enable informed decisionmaking
by the people within Asia.
(4) RFA provides daily broadcasts of news, commentary,
analysis, and cultural programming to Asian countries in several
languages, including--
(A) 12 hours per day in Mandarin;
(B) 8 hours per day in 3 Tibetan dialects, Uke, Kham, and
Amdo;
(C) 4 hours per day in Korean and Burmese;
(D) 2 hours per day in Cantonese, Vietnamese, Laotian,
Khmer (Cambodian), and Uyghur; and
(E) 1\1/2\ hours per week in Wu (local Shanghai dialect).
(5) The governments of the countries targeted for these
broadcasts have consistently denied and blocked attempts at Medium
Wave and FM transmissions into their countries, forcing RFA to rely
on Shortwave broadcasts and the Internet.
(6) RFA has provided continuous online news to its Asian
audiences since 2004, although some countries--
(A) routinely and aggressively block RFA's website;
(B) monitor access to RFA's website; and
(C) discourage online users by making it illegal to access
RFA's website.
(7) Despite these attempts, RFA has successfully managed to
reach its online audiences through proxies, cutting-edge software,
and active republication and repostings by its audience.
(8) RFA also provides forums for local opinions and experiences
through message boards, podcasts, web logs (blogs), cell phone-
distributed newscasts, and new media, including Facebook, Flickr,
Twitter, and YouTube.
(9) Freedom House has documented that freedom of the press is
in decline in nearly every region of the world, particularly in
Asia, where none of the countries served by RFA have increased
their freedom of the press during the past 5 years.
(10) In fiscal year 2010, RFA is operating on a $37,000,000
budget, less than $400,000 of which is available to fund Internet
censorship circumvention.
(11) Congress currently provides grant funding for RFA's
operations on a fiscal year basis.
SEC. 2. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) public access to timely, uncensored, and accurate
information is imperative for promoting government accountability
and the protection of human rights;
(2) Radio Free Asia provides a vital voice to people in Asia;
(3) some of the governments in Asia spend millions of dollars
each year to jam RFA's shortwave, block its Internet sites;
(4) Congress should provide additional funding to RFA and the
other entities overseen by the Broadcasting Board of Governors
for--
(A) Internet censorship circumvention; and
(B) enhancement of their cyber security efforts; and
(5) permanently authorizing funding for Radio Free Asia would--
(A) reflect the concern that media censorship and press
restrictions in the countries served by RFA have increased
since RFA was established; and
(B) send a powerful signal of our Nation's support for free
press in Asia and throughout the world.
SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208) is amended--
(1) in subsection (c)(2), by striking ``, and shall further
specify that funds to carry out the activities of Radio Free Asia
may not be available after September 30, 2010'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsection (f)
and (g), respectively; and
(4) in subsection (f), as redesignated--
(A) by striking ``The Board'' and inserting the following:
``(1) Notification.--The Board'';
(B) by striking ``before entering'' and inserting the
following: ``before--
``(A) entering'';
(C) by striking ``Radio Free Asia.'' and inserting the
following: ``Radio Free Asia; or
``(B) entering into any agreements in regard to the
utilization of Radio Free Asia transmitters, equipment, or
other resources that will significantly reduce the broadcasting
activities of Radio Free Asia.'';
(D) by striking ``The Chairman'' and inserting the
following:
``(2) Consultation.--The Chairman''; and
(E) by inserting ``or Radio Free Asia broadcasting
activities'' before the period at the end.
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 reported to the Senate on June 22, 2010. The summary of that version is repeated here.)
Expresses the sense of the Senate that: (1) public access to accurate information is imperative for promoting government accountability and the protection of human rights; (2) Radio Free Asia (RFA) provides a vital voice to people in Asia; (3) some of the governments in Asia spend millions of dollars each year to jam RFA; and (4) Congress should provide additional and permanent funding for RFA.
Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate RFA. | A bill to permanently authorize Radio Free Asia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Honor to Service Members
Act''.
SEC. 2. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate
discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar policy
in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would have
independently led to a discharge characterization that was any
characterization except honorable. For purposes of this
paragraph, such aggravating circumstances may not include--
(A) an offense under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice), committed by a covered member
against a person of the same sex with the consent of
such person; or
(B) statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or
identity, or the disclosure of such statements,
conduct, or acts, that were prohibited at the time of
discharge but after the date of such discharge became
permitted.
(3) When requesting a review, a covered member, or the
member's representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the
member;
(ii) a personal affidavit of the
circumstances surrounding the discharge; and
(iii) any relevant records pertaining to
the discharge; or
(B) an affidavit certifying that the member, or the
member's representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make
every effort to locate the documents specified in
subparagraph (A) of such paragraph within the records
of the Department of Defense; and
(B) the absence of such documents may not be
considered a reason to deny a change of the discharge
characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under
subsection (c), the appropriate discharge board shall review
all relevant laws, records of oral testimony previously taken,
service records, or any other relevant information regarding
the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the
covered member or the member's representative, in
writing, and specifically detailing what is being
requested; and
(B) shall be responsible for obtaining a copy of
the necessary files of the covered member from the
member, or when applicable, from the Department of
Defense.
(e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the member's representative, may
appeal a decision by the appropriate discharge board to not change the
discharge characterization by using the regular appeals process of the
board.
(f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or the member's representative a revised DD-214
form that reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other similar
indication of the sexual orientation or reason for discharge
shall be removed or changed accordingly to be consistent with
this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the sections
of the DD-214 form referred to paragraph (1) shall be changed
to similarly reflect a universal authority with codes,
authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to
an individual by reason of service in the Armed Forces;
and
(B) all recognitions and honors that the Secretary
of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of the
original discharge characterization of the member.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such section
was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
SEC. 3. REPORTS.
(a) Review.--The Secretary of Defense shall conduct a review of the
consistency and uniformity of the reviews conducted under section 2.
(b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year period,
the Secretary shall submit to Congress a report on the reviews under
subsection (a). Such reports shall include any comments or
recommendations for continued actions.
SEC. 4. HISTORICAL REVIEW.
The Secretary of each military department shall ensure that oral
historians of the department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the actual
or perceived sexual orientation of the individual so that such
testimony may serve as an official record of these
discriminatory policies and their impact on American lives. | Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member. | Restore Honor to Service Members Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Voluntary Medicare
Prescription Drug Plan Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for outpatient prescription drugs.
``Part D--Voluntary Medicare Prescription Drug Coverage
``Sec. 1860A. Medicare Prescription Drug Plan.
``Sec. 1860B. Rx Option.
``Sec. 1860C. Combined deductible.
``Sec. 1860D. Partnerships with private entities to offer the
Rx Option.''.
Sec. 3. Conforming changes to Medigap.
SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by redesignating part D as part E and by
inserting after part C the following new part:
``Part D--Voluntary Medicare Prescription Drug Coverage
``medicare prescription drug plan
``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan
eligible individual may elect coverage (beginning on January 1, 2002)
under this part by enrolling in the Rx Option in order to receive
coverage for outpatient prescription drugs as described in section
1860B and to pay a combined deductible under section 1860C.
``(b) Medicare Prescription Drug Plan Eligible Individual
Defined.--In this part, the term `Medicare Prescription Drug Plan
eligible individual' means an individual who is--
``(1) eligible for benefits under part A and enrolled under
part B;
``(2) not enrolled in a Medicare+Choice plan under part C;
and
``(3) not eligible for medical assistance for outpatient
prescription drugs under title XIX.
``rx option
``Sec. 1860B. (a) Enrollment in the Rx Option.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall establish a process for the enrollment of
Medicare Prescription Drug Plan eligible individuals under the
Rx Option that is based upon the process for enrollment in
Medicare+Choice plans under part C of this title.
``(2) Exceptions.--
``(A) 2-year obligation.--Except as provided in
subparagraph (B), a Medicare Prescription Drug Plan
eligible individual who elects the Rx Option shall be
subject to the provisions of this part for a minimum
period of 2 years, beginning with the first full month
during which the individual is eligible for benefits
under the Rx Option.
``(B) Free look period.--An individual who elects
the Rx Option may disenroll from such Option no later
than the last day of the first full month following the
month in which such election was made.
``(3) Enrollment in medicare supplemental policies.--An
individual enrolled in the Rx Option may be enrolled only in a
medicare supplemental policy subject to the special rules
described in section 1882(v).
``(b) Outpatient Prescription Drug Benefits.--
``(1) In general.--Beginning in 2002, under the Rx Option,
after the enrollee has met the combined deductible under
section 1860C, the Secretary shall provide a benefit for
outpatient prescription drugs through private entities under
section 1860D equal to 50 percent of the lesser of--
``(A) the cost of outpatient prescription drugs for
such year; or
``(B) $5000.
``(2) Cost-of-living adjustment.--In the case of any
calendar year beginning after 2002, the dollar amount in
paragraph (1)(B) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the percentage (if any) by which--
``(i) the prescription drug component of
the Consumer Price Index for all urban
consumers (all items city average) for the 12-
month period ending with August of the
preceding year; exceeds
``(ii) such prescription drug component of
the Consumer Price Index for the 12-month
period ending with August 2001.
``(3) Rounding.--If any increase determined under paragraph
(2) is not a multiple of $1, such increase shall be rounded to
the nearest multiple of $1.
``combined deductible
``Sec. 1860C. (a) In General.--Notwithstanding any provision of
this title and beginning in 2002, a beneficiary electing the Rx Option
shall be subject to a combined deductible that shall apply in lieu of
the deductibles applied under sections 1813(a)(1) and 1833(b).
``(b) Amount.--
``(1) In general.--For purposes of subsection (a), the
combined deductible is equal to $675.
``(2) Cost-of-living adjustment.--In the case of any
calendar year after 2002, the dollar amount in paragraph (1)
shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the percentage (if any) by which--
``(i) the medical component of the Consumer
Price Index for all urban consumers (all items
city average) for the 12-month period ending
with August of the preceding year; exceeds
``(ii) such medical component of the
Consumer Price Index for the 12-month period
ending with August 2001.
``(3) Rounding.--If any increase determined under paragraph
(2) is not a multiple of $1, such increase shall be rounded to
the nearest multiple of $1.
``(c) Application.--In applying the combined deductible described
in subsection (a) such deductible shall apply to each expense incurred
on a calendar year basis for each item or service covered under this
title, and each expense paid on a calendar year basis for such an item
or service shall be credited against such deductible.
``partnerships with private entities to offer the rx option
``Sec. 1860D. (a) Partnerships.--
``(1) In general.--The Secretary shall contract with
private entities for the provision of outpatient prescription
drug benefits under the Rx Option.
``(2) Private entities.--The private entities described in
paragraph (1) shall include insurers (including issuers of
medicare supplemental policies under section 1882),
pharmaceutical benefit managers, chain pharmacies, groups of
independent pharmacies, and other private entities that the
Secretary determines are appropriate.
``(3) Areas.--The Secretary may award a contract to a
private entity under this section on a local, regional, or
national basis.
``(4) Drug benefits only through private entities.--
Outpatient prescription drug benefits under the Rx Option shall
be offered only through a contract with a private entity under
this section.
``(b) Secretary Required To Contract With Any Willing Qualified
Private Entity.--The Secretary may not exclude a private entity from
receiving a contract to provide outpatient prescription drug benefits
under the Rx Option if the private entity meets all of the requirements
established by the Secretary for providing such benefits.''.
SEC. 3. CONFORMING CHANGES TO MEDIGAP.
Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new subsection:
``(v) Special Rules for Medicare Prescription Drug Plan
Enrollees.--
``(1) Revision of benefit packages.--
``(A) In general.--Notwithstanding subsection (p),
the benefit packages established under such subsection
(including the 2 plans described in paragraph (11)(A)
of such subsection) shall be revised (in the manner
described in subsection (p)(1)(E)) so that each of the
benefit packages classified as `A' through `J' remain
exactly the same, except that each benefit package
shall include special rules that apply only to
individuals enrolled in the Rx Option under section
1860B as follows:
``(i) Combined deductible.--Each benefit
package shall require the beneficiary of the
policy to pay annual out-of-pocket expenses
(other than premiums) in an amount equal to the
amount of the combined deductible under section
1860C(b) before the policy begins payment of
any benefits.
``(ii) Prescription drug coverage.--In the
case of a benefit package classified as `H',
`I', and `J', such policy may not provide
coverage for outpatient prescription drugs that
duplicates the coverage for outpatient
prescription drugs provided under the Rx Option
under section 1860B(b).
``(B) Adjusted premium.--In the case of an
individual enrolled in the Rx Option, the premium for
the policy in which the individual is enrolled may be
appropriately adjusted to reflect the special rules
applicable to such individual under subparagraph (A).
``(2) Renewability and continuity of coverage.--The
revisions of benefit packages under paragraph (1) shall not
affect--
``(A) the renewal of medicare supplemental policies
under this section that are in existence on the
effective date of such revisions; or
``(B) the continuity of coverage under such
policies.''. | Voluntary Medicare Prescription Drug Plan Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to add a new part D (Voluntary Medicare Prescription Drug Coverage) under which a Medicare Prescription Drug plan eligible individual, not enrolled in a Medicare+Choice plan under Medicare part C (Medicare+Choice), may enroll in the Rx Option coverage for outpatient prescription drugs offered only through private contractors, and subject to payment of a combined deductible ($675) in lieu of the deductibles applied under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance).Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5,000.Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option. | A bill to amend title XVIII of the Social Security Act to establish a voluntary Medicare Prescription Drug Plan under which eligible medicare beneficiaries may elect to receive coverage under the Rx Option for outpatient prescription drugs and a combined deductible. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paying a Fair Share Act of 2012''.
SEC. 2. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``Sec. 59B. Fair share tax.
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is the
dollar amount in effect under subsection
(c)(1).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2013, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2012'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes
are attributable to the rate of tax in effect under section
3101) with respect to such taxable year or wages or
compensation received during the taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue
Code of 1986 is amended by redesignating subparagraphs (C) through (X)
as subparagraphs (D) through (Y), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
``(C) section 59B (relating to fair share tax),''.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part VII--Fair Share Tax on High-Income Taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 3. SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING TAX REFORM.
It is the sense of the House of Representatives that--
(1) Congress should enact tax reform that repeals unfair
and unnecessary tax loopholes and expenditures, simplifies the
system for millions of taxpayers and businesses (including by
eliminating the alternative minimum tax for middle-class
Americans), and makes sure that the wealthiest taxpayers pay a
fair share; and
(2) this Act is an interim step that can be done quickly
and serve as a floor on taxes for the highest-income taxpayers,
cut the deficit by billions of dollars a year, and help
encourage more fundamental reform of the tax system. | Paying a Fair Share Act of 2012 - Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2013.
Expresses the sense of the House of Representatives that Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the tax system, and makes sure that the wealthiest taxpayers pay a fair share of taxes. | To reduce the deficit by imposing a minimum effective tax rate for high-income taxpayers. |
SECTION 1. PROTECTION OF EMPLOYEES FROM RETALIATION BY THEIR EMPLOYER
FOR COOPERATING IN INVESTIGATIONS.
(a) Oil Pollution Act of 1990.--
(1) Prohibition.--Title VI of the Oil Pollution Act of 1990
(33 U.S.C. 2751 et seq.) is amended by inserting after section
6002 the following new section:
``SEC. 6003. RETALIATION PROHIBITED.
``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
``(1) notified the appropriate Federal official, a Federal
or State law enforcement or regulatory agency, or the
employee's employer of an alleged violation of this Act,
including notification of such an alleged violation through
communications related to carrying out the employee's job
duties;
``(2) refused to participate in any conduct that the
employee reasonably believes is in noncompliance with a
requirement of this Act if the employee has identified the
alleged noncompliance to the employer;
``(3) testified before or otherwise provided information
relevant for Congress or for any Federal or State proceeding
regarding any provision (or proposed provision) of this Act;
``(4) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this Act;
``(5) testified or is about to testify in any such
proceeding; or
``(6) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
manner in such a proceeding or in any other action to carry out
the purposes of this Act.
``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.
``(c) Application With Respect Amendments.--In this section, any
reference to this Act includes the provisions of law enacted by the
amendment made by this Act.''.
(2) Clerical amendment.--The table of contents in section 2
of such Act is amended by striking the item relating to section
6003 and inserting the following:
``6003. Retaliation prohibited.''.
(b) Outer Continental Shelf Lands Act.--The Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the
following new section:
``SEC. 32. RETALIATION PROHIBITED.
``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
``(1) notified the appropriate Federal official, a Federal
or State law enforcement or regulatory agency, or the
employee's employer of an alleged violation of this Act,
including notification of such an alleged violation through
communications related to carrying out the employee's job
duties;
``(2) refused to participate in any conduct that the
employee reasonably believes is in noncompliance with a
requirement of this Act if the employee has identified the
alleged noncompliance to the employer;
``(3) testified before or otherwise provided information
relevant for Congress or for any Federal or State proceeding
regarding any provision (or proposed provision) of this Act;
``(4) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this Act;
``(5) testified or is about to testify in any such
proceeding; or
``(6) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
manner in such a proceeding or in any other action to carry out
the purposes of this Act.
``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.''. | Amends the Oil Pollution Act of 1990 and the Outer Continental Shelf Lands Act to prohibit any person or employer from discharging any employee or discriminating against any employee with respect to compensation, terms, conditions, or other employment privileges because the employee (or any person acting for the employee): (1) notified the appropriate federal official, a federal or state law enforcement or regulatory agency, or the employee's employer of an alleged violation of such Acts; (2) refused to participate in any conduct that the employee reasonably believed to be in noncompliance with requirements of such Acts if the employee identified the alleged noncompliance to the employer; (3) testified before or otherwise provided information relevant for Congress or for any federal or state proceeding regarding any provision of such Acts; (4) commenced or testified in a proceeding under such Acts; or (5) assisted or participated in any manner in such a proceeding or or in any other action to carry out such Acts.
Authorizes an employee who alleges discrimination by an employer in violation of this Act to seek relief by filing a complaint with the Secretary of Labor. | To amend the Oil Pollution Act of 1990 and the Outer Continental Shelf Lands Act to protect employees from retaliation for notifying government officials of violations of those Acts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idling Reduction Tax Credit Act of
2004''.
SEC. 2. IDLING REDUCTION TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. IDLING REDUCTION CREDIT.
``(a) General Rule.--For purposes of section 38, the idling
reduction tax credit determined under this section for the taxable year
is an amount equal to 50 percent of the amount paid or incurred for
each qualifying idling reduction device placed in service by the
taxpayer during the taxable year.
``(b) Limitation.--The maximum amount allowed as a credit under
subsection (a) shall not exceed $3,500 per device.
``(c) Definitions.--For purposes of subsection (a)--
``(1) Qualifying idling reduction device.--The term
`qualifying idling reduction device' means any device or system
of devices that--
``(A) is installed on a heavy-duty diesel-powered
on-highway vehicle,
``(B) is designed to provide to such vehicle those
services (such as heat, air conditioning, or
electricity) that would otherwise require the operation
of the main drive engine while the vehicle is
temporarily parked or remains stationary,
``(C) the original use of which commences with the
taxpayer,
``(D) is acquired for use by the taxpayer and not
for resale, and
``(E) is certified by the Secretary of Energy, in
consultation with the Administrator of the
Environmental Protection Agency and the Secretary of
Transportation, to reduce long-duration idling of such
vehicle at a motor vehicle rest stop or other location
where such vehicles are temporarily parked or remain
stationary.
``(2) Heavy-duty diesel-powered on-highway vehicle.--The
term `heavy-duty diesel-powered on-highway vehicle' means any
vehicle, machine, tractor, trailer, or semi-trailer propelled
or drawn by mechanical power and used upon the highways in the
transportation of passengers or property, or any combination
thereof determined by the Federal Highway Administration.
``(3) Long-duration idling.--The term `long-duration
idling' means the operation of a main drive engine, for a
period greater than 15 consecutive minutes, where the main
drive engine is not engaged in gear. Such term does not apply
to routine stoppages associated with traffic movement or
congestion.
``(d) No Double Benefit.--For purposes of this section--
``(1) Reduction in basis.--if a credit is determined under
this section with respect to any property by reason of
expenditures described in subsection (a), the basis of such
property shall be reduced by the amount of the credit so
determined.
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to the amount of the credit determined under this
section.
``(e) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'' , and
by adding at the end the following new paragraph:
``(16) the idling reduction tax credit determined under
section 45G(a).''.
(c) Conforming Amendments.--
(1) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45F the following new item:
``Sec. 45G. Idling reduction credit.''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following:
``(29) in the case of a facility with respect to which a
credit was allowed under section 45G, to the extent provided in
section 45G(d)(A).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. DETERMINATION OF CERTIFICATION STANDARDS BY SECRETARY OF ENERGY
FOR CERTIFYING IDLING REDUCTION DEVICES.
Not later than 6 months after the date of the enactment of this Act
and in order to reduce air pollution and fuel consumption, the
Secretary of Energy, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Transportation,
shall publish the standards under which the Secretary, in consultation
with the Administrator of the Environmental Protection Agency and the
Secretary of Transportation, will, for purposes of section 45G of the
Internal Revenue Code of 1986 (as added by section 2 of this Act),
certify the idling reduction devices which will reduce long-duration
idling of vehicles at motor vehicle rest stops or other locations where
such vehicles are temporarily parked or remain stationary in order to
reduce air pollution and fuel consumption. | Idling Reduction Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for 50 percent of the cost of a qualifying idling reduction device, up to $3,500. Defines "qualifying idling reduction device" as any device that is: (1) installed on a heavy-duty diesel-powered on-highway vehicle to provide services that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or stationary; and (2) certified by the Secretary of Energy to reduce long-duration idling. Directs the Secretary to publish standards for certifying such devices. | To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of idling reduction systems for diesel-powered on-highway vehicles. |
SECTION 1. ENTITLEMENT TO REIMBURSEMENT FOR FINANCIAL HARM INCURRED BY
FEDERAL EMPLOYEES, FEDERAL CONTRACTORS, AND EMPLOYEES OF
FEDERAL CONTRACTORS ARISING FROM FAILURE TO BE PAID
DURING PERIODS OF LAPSED APPROPRIATIONS.
(a) Financial Harm to Federal Employees.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any basic pay payable to each individual who is an
officer or employee of such agency or instrumentality during such
period for any service performed during such period, such officer or
employee shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
(1) any failure to provide for the timely payment of basic
pay to such individual for service performed during such
period, or
(2) the inability of such individual to earn basic pay for
service during such period under section 1342 of title 31,
United States Code.
(b) Financial Harm to Federal Contractors.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any payment under a Federal contract due to a Federal
contractor during such period and any interest penalty on such payment
in accordance with section 3902 of title 31, United States Code, such
contractor shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such contractor
resulting from--
(1) any failure to provide for the timely payment of
payments due under the contract to the contractor during such
period, or
(2) the inability of such contractor to perform the
contract during such period.
(c) Financial Harm to Employees of Federal Contractors.--Upon the
termination of any period of lapsed appropriations with respect to an
agency or instrumentality of the Federal Government or the District of
Columbia, each individual who is an employee of a Federal contractor or
of a subcontractor under a Federal contract in effect during such
period shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
(1) any failure by the contractor or subcontractor to
provide for the timely payment of the individual for service
performed during such period under the contract or subcontract,
or
(2) the inability of such individual to earn pay for
service under the contract or subcontract during such period.
SEC. 2. ADMINISTRATIVE REMEDY.
In any case in which an individual or contractor has not been
provided, within 60 days after the period of lapsed appropriations
involved, any reimbursement by an agency or instrumentality of the
Federal Government or the District of Columbia to which the individual
or contractor is entitled under section 1, a claim may be made by such
individual or contractor against such agency or instrumentality for
recovery of such reimbursement. Determinations by the agency or
instrumentality on such claim shall be made on the record after
opportunity for an agency hearing. Any individual aggrieved by any
final determination by the agency or instrumentality under this section
may, during the 60-day period beginning on the date the determination
is issued, institute an action for judicial review of the determination
in any district court of the United States in which an office of the
agency or instrumentality is located or in the United States District
Court for the District of Columbia.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Period of lapsed appropriations.--The term ``period of
lapsed appropriations'' means, in connection with an agency or
instrumentality of the Federal Government or the District of
Columbia, any period during which appropriations are not
available due to the absence of the timely enactment of any Act
or joint resolution appropriating funds for such agency or
instrumentality.
(2) Financial harm.--The term ``financial harm''--
(A) in connection with any individual, includes--
(i) interest accrued on debts incurred by
the individual during the period of lapsed
appropriations necessary to meet expenses which
would have arisen irrespective of whether the
period of lapsed appropriations had occurred,
(ii) penalties incurred by reason of
inability of the individual to make timely
payments of bills or other obligations which
would have become due irrespective of whether
the period of lapsed appropriations had
occurred,
(iii) other monetary loss incurred by
reason of forfeiture of property or otherwise,
and
(iv) in the case of an individual who is an
employee of a Federal contractor, wages
foregone by the employee for any service
performed by the employee during the period of
lapsed appropriations that were not later paid
by the contractor; and
(B) in connection with any Federal contractor,
includes--
(i) interest accrued on debts incurred by
the contractor in connection with a Federal
contract during the period of lapsed
appropriations necessary to meet expenses which
would have arisen irrespective of whether the
period of lapsed appropriations had occurred,
(ii) penalties incurred by reason of
inability of the contractor to make timely
payments of bills or other obligations which
would have become due irrespective of whether
the period of lapsed appropriations had
occurred, and
(iii) other monetary loss incurred by
reason of forfeiture of property or otherwise. | Provides that, upon the termination of any period of lapsed appropriations with respect to any agency or instrumentality of the Federal Government or the District of Columbia, Federal employees, Federal contractors, and employees of Federal contractors shall be entitled to reimbursement for financial harm resulting from: (1) any failure to provide for timely payment of basic pay or contract payments during the lapsed period; or (2) the inability of such individual to earn basic pay, to perform the contract, or receive payment under the contract. States that such payments shall be in addition to regular basic pay for Federal employees or payments due Federal contractors under a Federal contract. Provides for administrative remedies for the failure to receive such reimbursement within 60 days after the period of lapsed appropriations involved. | To provide for relief to Federal employees, Federal contractors, and employees of Federal contractors for expenses incurred as a result of nonpayment of basic pay or impediments against contract performance arising from lapses in appropriations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Manufacturing Leadership
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the industrial sector--
(A) represents approximately 20 percent of the
economy of the United States;
(B) provides approximately 13 percent of employment
in the United States; and
(C) accounts for more than 30,000,000,000,000,000
Btus of energy, a quantity that is equal to almost \1/
3\ of the energy consumption of the United States;
(2) smart manufacturing is set to transform the
manufacturing sector and the use by the manufacturing sector of
energy, water, raw materials, and labor over the 10 years
following the date of enactment of this Act;
(3) the transformation described in paragraph (2) will
result in savings in electricity, natural gas, transportation
fuels, chemical feedstocks, and many other fuels;
(4) the interconnection of the many components of
manufacturing within a manufacturing plant with other business
functions within a company and across companies within a supply
chain will enable new production efficiencies;
(5) the improvements in automation described in paragraph
(4) are estimated to produce between $5,000,000,000 and
$25,000,000,000 in energy savings per year across the
manufacturing sector for electricity alone by 2035;
(6) smart manufacturing technologies are estimated to add
between $10,000,000,000,000 and $15,000,000,000,000 to the
global gross domestic product over 20 years following the date
of enactment of this Act;
(7) market barriers exist to the widespread adoption of
smart manufacturing practices by all sizes of firms and to the
investment in smart manufacturing technologies, including lack
of--
(A) common communication protocols between smart
manufacturing devices, which prevents interoperability,
reduces system efficiencies, and stifles innovation;
(B) common standards for storing and sharing
information relating to energy consumption and energy
savings;
(C) an open-access smart manufacturing platform
that enables the networking of business and automation
systems of multiple vendors; and
(D) common cybersecurity protocols and standards;
(8) addressing the barriers described in paragraph (7) is
in the interest of the United States;
(9) in response to the barriers described in paragraph (7),
the Secretary of Energy is working with the private sector to
reduce the market barriers through the development of voluntary
protocols and standards;
(10) there exist many technologies of which many domestic
manufacturers are unaware that could--
(A) improve the competitiveness of the domestic
manufacturers; and
(B) reduce the environmental impacts of the
domestic manufacturers;
(11) Federal agency action can facilitate greater economic
growth through outreach and engagement in the smart
manufacturing technology area; and
(12) the United States would benefit from a concerted and
focused effort to advance the adoption of smart manufacturing
throughout the manufacturing sector of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards
of the American National Standards Institute that enables an
organization to follow a systematic approach in achieving
continual improvement of energy performance, including energy
efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution of
higher education that--
(A) receives funding from the Department of Energy;
(B) provides an in-depth assessment of small- and
medium-size manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant site; and
(C) identifies opportunities for potential savings
for small- and medium-size manufacturer plant sites
from energy efficiency improvements, waste
minimization, pollution prevention, and productivity
improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert,
communicate, or duplicate data or information, including
computer hardware, firmware, software, communication protocols,
networks, and data interfaces.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) North american industry classification system.--The
term ``North American Industry Classification System'' means
the standard used by Federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data relating
to the business economy of the United States.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than
$100,000,000;
(C) with fewer than 500 employees at the plant
site; and
(D) with annual energy bills totaling more than
$100,000 and less than $2,500,000.
(9) Smart manufacturing.--The term ``smart manufacturing''
means a set of advanced sensing, instrumentation, monitoring,
controls, and process optimization technologies and practices
that merge information and communication technologies with the
manufacturing environment for the real-time management of
energy, productivity, and costs across factories and companies.
SEC. 4. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the National
Academies, shall develop and complete a national plan for smart
manufacturing technology development and deployment to improve the
productivity and energy efficiency of the manufacturing sector of the
United States.
(b) Content.--
(1) In general.--The plan developed under subsection (a)
shall identify areas in which agency actions by the Secretary
and other heads of relevant Federal agencies would--
(A) facilitate quicker development, deployment, and
adoption of smart manufacturing technologies and
processes;
(B) result in greater energy efficiency and lower
environmental impacts for all American manufacturers;
and
(C) enhance competitiveness and strengthen the
manufacturing sectors of the United States.
(2) Inclusions.--Agency actions identified under paragraph
(1) shall include--
(A) an assessment of previous and current actions
of the Department of Energy relating to smart
manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) deployment of existing research results; and
(D) the leveraging of existing high-performance
computing infrastructure.
(c) Biennial Revisions.--Not later than 2 years after the date on
which the Secretary completes the plan under subsection (a), and not
less frequently than once every 2 years thereafter, the Secretary shall
revise the plan to account for advancements in information and
communication technology and manufacturing needs.
(d) Report.--Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report on the
progress made in developing the plan.
(e) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.
SEC. 5. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND MEDIUM
MANUFACTURERS.
(a) Findings.--Congress finds that--
(1) the Department of Energy has existing technical
assistance programs that facilitate greater economic growth
through outreach to and engagement with small and medium
manufacturers;
(2) those technical assistance programs represent an
important conduit for increasing the awareness of and providing
education to small and medium manufacturers regarding the
opportunities for implementing smart manufacturing; and
(3) those technical assistance programs help facilitate the
implementation of best practices.
(b) Expansion of Technical Assistance Programs.--The Secretary
shall expand the scope of technologies covered by the Industrial
Assessment Centers of the Department of Energy--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the Industrial Assessment
Centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to
manufacturers.
(c) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.
SEC. 6. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
how the Department of Energy can increase access to existing
high-performance computing resources in the National
Laboratories, particularly for small and medium manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
(A) focus on increasing access to the computing
facilities of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer
is protected; and
(ii) the security of the National
Laboratory facility is maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.
SEC. 7. STATE LEADERSHIP GRANTS.
(a) Finding.--Congress finds that the States--
(1) are committed to promoting domestic manufacturing and
supporting robust economic development activities; and
(2) are uniquely positioned to assist manufacturers,
particularly small and medium manufacturers, with deployment of
smart manufacturing through the provision of infrastructure,
including--
(A) access to shared supercomputing facilities;
(B) assistance in developing process simulations;
and
(C) conducting demonstrations of the benefits of
smart manufacturing.
(b) Grants Authorized.--The Secretary may make grants on a
competitive basis to States for establishing State programs to be used
as models for supporting the implementation of smart manufacturing
technologies.
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Criteria.--The Secretary shall evaluate an application
for a grant under this section on the basis of merit using
criteria identified by the Secretary, including--
(A) the breadth of academic and private sector
partners;
(B) alternate sources of funding;
(C) plans for dissemination of results; and
(D) the permanence of the infrastructure to be put
in place by the project.
(d) Requirements.--
(1) Term.--The term of a grant under this section shall not
exceed 3 years.
(2) Maximum amount.--The amount of a grant under this
section shall be not more than $3,000,000.
(3) Matching requirement.--Each State that receives a grant
under this section shall contribute matching funds in an amount
equal to not less than 30 percent of the amount of the grant.
(e) Use of Funds.--
(1) In general.--A State shall use a grant provided under
this section--
(A) to provide access to shared supercomputing
facilities to small and medium manufacturers;
(B) to fund research and development of
transformational manufacturing processes and materials
technology that advance smart manufacturing; and
(C) to provide tools and training to small and
medium manufacturers on how to adopt energy management
systems and implement smart manufacturing technologies
in the facilities of the small and medium
manufacturers.
(f) Evaluation.--The Secretary shall conduct biannual evaluations
of each grant made under this section--
(1) to determine the impact and effectiveness of programs
funded with the grant; and
(2) to provide guidance to States on ways to better execute
the program of the State.
(g) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for each of fiscal
years 2017 through 2020.
SEC. 8. REPORT.
The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart
manufacturing in the United States. | Smart Manufacturing Leadership Act This bill requires the Department of Energy (DOE) to complete a national plan for smart manufacturing technology development and deployment to improve the productivity and energy efficiency of the U.S. manufacturing sector. Smart manufacturing is a set of advanced sensing, instrumentation, monitoring, controls, and process optimization technologies and practices that merge information and communication technologies with the manufacturing environment for the real-time management of energy, productivity, and costs across factories and companies. DOE must expand the scope of technologies covered by Industrial Assessment Centers to include smart manufacturing technologies and practices and to equip the centers' directors with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices. DOE must: (1) study how it can increase access to existing high-performance computing resources in the National Laboratories, and (2) facilitate access to the laboratories by small and medium manufacturers so that they can fully use the laboratories' high-performance computing resources to enhance manufacturing competitiveness. DOE may make grants to states for establishing state programs to be used as models for supporting the implementation of smart manufacturing technologies. States must use those grants to: (1) provide access to shared supercomputing facilities to small and medium manufacturers, (2) fund research and development of transformational manufacturing processes and materials technology that advance smart manufacturing, and (3) provide tools and training to aid the adoption of energy management systems and implement smart manufacturing technologies in the manufacturers' facilities. | Smart Manufacturing Leadership Act |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Energy Employees
Occupational Illness Compensation Program Designation of
Responsibilities Act''.
(b) Findings.--
(1) Since World War II, hundreds of thousands of men and
women have served the Nation in building its nuclear defense.
In the course of their work, they overcame previously
unimagined scientific and technical challenges. However,
thousands of these courageous Americans paid a high price for
their service, developing disabling or fatal illnesses as a
result of exposure to silica, beryllium, ionizing radiation,
and other hazards unique to nuclear weapons production and
testing.
(2) Too often, these workers were neither adequately
protected from, nor informed of, the occupational hazards to
which they were exposed.
(3) Over the past 20 years more than 2 dozen scientific
findings have emerged that indicate that Department of Energy
workers are experiencing increased risks of dying from cancer
and nonmalignant diseases at numerous facilities that provided
for the Nation's nuclear deterrent. Several of these studies
also establish a correlation between excess diseases and
exposure to silica, radiation, and beryllium.
(4) Federal workers' compensation programs have generally
not included these workers. Further, because of long latency
periods, the uniqueness of the hazards to which they were
exposed, and inadequate exposure data, many of these
individuals have been unable to obtain State workers'
compensation benefits. This problem has been exacerbated by the
past policy of the Department of Energy and its predecessors of
encouraging and assisting its contractors in opposing the
claims of workers who sought those benefits.
(5) The civilian men and women who performed duties
uniquely related to the Department of Energy's nuclear weapons
production program over the last 50 years should have
efficient, uniform, and adequate compensation for beryllium-
related health conditions, radiation-related health conditions,
and silica-related health conditions in order to assure
fairness and equity.
(6) The Federal Government should provide necessary
information and otherwise help employees of the Department of
Energy or its contractors to determine if their illnesses are
associated with conditions of their nuclear weapons-related
work. It should provide workers and their survivors with all
pertinent and available information necessary for evaluating
and processing claims. It should also ensure that this program
minimizes the administrative responsibilities to accomplish
these goals.
(7) This situation is sufficiently unique to the Department
of Energy's nuclear weapons production program that it is
appropriate for congressional action.
SEC. 2. ALLOCATION OF RESPONSIBILITIES FOR ADMINISTERING PROGRAM.
(a) Secretary of Labor.--The Secretary of Labor shall have primary
responsibility for administering the Energy Employees Occupational
Illness Compensation Program (hereinafter in this Act referred to as
the ``Program'') established under section 3611 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as enacted by
Public Law 106-398; 114 Stat. 1654A-497) (hereinafter in this Act
referred to as the ``2000 Act''). Specifically, the Secretary shall
immediately and forthwith carry out the following with respect to the
Program:
(1) Administer and decide all questions arising under the
2000 Act not assigned to other agencies by that Act or this
Act, including determining the eligibility of individuals with covered
occupational illnesses and their survivors and adjudicating claims for
compensation and benefits.
(2) Not later than May 31, 2001, promulgate regulations for
the administration of the Program, except for functions
assigned to other agencies pursuant to the 2000 Act or this
Act.
(3) Not later than July 31, 2001, ensure the availability,
in paper and electronic format, of forms necessary for making
claims under the Program.
(4) Develop informational materials, in coordination with
the Secretary of Energy and the Secretary of Health and Human
Services, to help potential claimants understand the Program
and the application process, and provide these materials to
individuals upon request and to the Secretary of Energy and the
Attorney General for dissemination to potentially eligible
individuals.
(b) Secretary of Health and Human Services.--The Secretary of
Health and Human Services shall carry out the following with respect to
the Program:
(1) Not later than May 31, 2001, promulgate regulations
establishing--
(A) guidelines, pursuant to section 3623(c) of the
2000 Act, to assess the likelihood that an individual
with cancer sustained the cancer in the performance of
duty at a Department of Energy facility or an atomic
weapons employer facility, as defined by that Act; and
(B) methods, pursuant to section 3623(d) of the
2000 Act, for arriving at and providing reasonable
estimates of the radiation doses received by
individuals applying for assistance under the Program
for whom there are inadequate records of radiation
exposure.
(2) In accordance with procedures developed by the
Secretary of Health and Human Services, consider and issue
determinations on petitions by classes of employees to be
treated as members of the Special Exposure Cohort.
(3) With the assistance of the Secretary of Energy, apply
the methods promulgated under subsection (b)(1)(B) to estimate
the radiation doses received by individuals applying for
assistance.
(4) Upon request from the Secretary of Energy, appoint
members for a physician panel or panels to consider individual
workers' compensation claims as part of the Worker Assistance
Program under the process established pursuant to subsection
(c)(5).
(5) Provide the Advisory Board established under section 3
with administrative services, funds, facilities, staff, and
other necessary support services and perform the administrative
functions of the President under the Federal Advisory Committee
Act, as amended (5 U.S.C. App.), with respect to the Advisory
Board.
(c) Secretary of Energy.--The Secretary of Energy shall carry out
the following with respect to the Program:
(1) Provide the Secretary of Health and Human Services and
the Advisory Board on Radiation and Worker Health access, in
accordance with law, to all relevant information pertaining to
worker exposures, including access to restricted data, and any
other technical assistance needed to carry out their
responsibilities under subsection (b)(2) and section 3(b),
respectively.
(2) Upon request from the Secretary of Health and Human
Services or the Secretary of Labor, and as permitted by law,
require a Department of Energy contractor, subcontractor, or
designated beryllium vendor, pursuant to section 3631(c) of the
2000 Act, to provide information relevant to a claim under the
Program.
(3) Identify and notify potentially eligible individuals of
the availability of compensation under the Program.
(4) Designate, pursuant to sections 3621(4)(B) and 3622 of
the 2000 Act, atomic weapons employers and additions to the
list of designated beryllium vendors.
(5) Pursuant to Subtitle D of the 2000 Act, negotiate
agreements with the chief executive officer of each State in
which there is a Department of Energy facility, and other
States as appropriate, to provide assistance to a Department of
Energy contractor employee on filing a State workers'
compensation system claim, and establish a Worker Assistance
Program to help individuals whose illness is related to
employment in the Department of Energy's nuclear weapons
complex, or the individual's survivor if the individual is
deceased, in applying for State workers' compensation benefits.
This assistance shall include--
(A) submittal of reasonable claims to a physician
panel, appointed by the Secretary of Health and Human
Services and administered by the Secretary of Energy,
under procedures established by the Secretary of Energy, for
determination of whether the individual's illness or death arose out of
and in the course of employment by the Department of Energy or its
contractors and exposure to a toxic substance at a Department of Energy
facility; and
(B) for cases determined by the physician panel and
the Secretary of Energy under section 3661(d) and (e)
of the 2000 Act to have arisen out of and in the course
of employment by the Department of Energy or its
contractors and exposure to a toxic substance at a
Department of Energy facility, providing assistance to
the individual in filing for workers' compensation
benefits. The Secretary shall not contest these claims
and, to the extent permitted by law, shall direct a
Department of Energy contractor who employed the
applicant not to contest the claims.
(6) Report on the Worker Assistance Program by making
publicly available on at least an annual basis claims-related
data, including the number of claims filed, the number of
illnesses found to be related to work at a Department of Energy
facility, job location and description, and number of
successful State workers' compensation claims awarded.
(d) Attorney General.--The Attorney General shall carry out the
following with respect to the Program:
(1) Develop procedures to notify, to the extent possible,
each claimant (or the survivor of that claimant if deceased)
whose claim for compensation under section 5 of the Radiation
Exposure Compensation Act has been or is approved by the
Department of Justice, of the availability of supplemental
compensation and benefits under the Program.
(2) Identify and notify eligible covered uranium employees
or their survivors of the availability of supplemental
compensation under the Program.
(3) Upon request by the Secretary of Labor, provide
information needed to adjudicate the claim of a covered uranium
employee under the Program.
SEC. 3. ESTABLISHMENT OF ADVISORY BOARD ON RADIATION AND WORKER HEALTH.
(a) Establishment.--Pursuant to Public Law 106-398, there is hereby
established an Advisory Board on Radiation and Worker Health. The
Advisory Board shall consist of not more than 20 members to be
appointed by the President. Members shall include affected workers and
their representatives, and representatives from scientific and medical
communities. The President shall designate a Chair for the Board among
its members.
(b) Duties.--The Advisory Board shall--
(1) advise the Secretary of Health and Human Services on
the development of guidelines under section 2(b)(1)(A);
(2) advise the Secretary of Health and Human Services on
the scientific validity and quality of dose reconstruction
efforts performed for the Program; and
(3) upon request by the Secretary of Health and Human
Services, advise the Secretary on whether there are individuals
or classes of employees at any Department of Energy facility
who were exposed to radiation but for whom it is not feasible
to estimate their radiation dose with sufficient accuracy, and
on whether such radiation dose may have endangered the health
of members of the class.
SEC. 4. REPORTING REQUIREMENTS.
The Secretaries of Labor, Health and Human Services, and Energy
shall, as part of their annual budget submissions, report to the Office
of Management and Budget on their activities under the Program,
including total expenditures related to benefits and program
administration. Each such report shall include, among other things, a
description of the administrative structure established within their
agencies to implement the 2000 Act. In addition, the Secretary of Labor
shall annually report on the total number and types of claims for which
compensation was considered and other data pertinent to evaluating the
Federal Government's performance in fulfilling the requirements of the
2000 Act. | Energy Employees Occupational Illness Compensation Program Designation of Responsibilities Act - Allocates specified responsibilities with respect to the Energy Employees Occupational Illness Compensation Program among the Secretaries of Labor, Health and Human Services, and Energy, and the Attorney General.Establishes the Advisory Board on Radiation and Worker Health. | To designate the Federal agencies responsible for implementing the Energy Employees Occupational Illness Compensation Program Act of 2000. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2006''.
SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS.
Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is
amended--
(1) in the section heading, by striking ``infants'' and
inserting ``newborns, infants, and young children'';
(2) in subsection (a)--
(A) in the heading, by striking ``Newborn and
Infant'' and inserting ``Newborn, Infant, and Young
Child'';
(B) in the matter preceding paragraph (1), by
striking ``newborn and infant hearing screening,
evaluation and intervention programs and systems'' and
inserting ``newborn, infant, and young child hearing
screening, evaluation, diagnosis, and intervention
programs and systems, and to assist in the recruitment,
retention, education, and training of qualified
personnel and health care providers,''; and
(C) by amending paragraph (1) to read as follows:
``(1) To develop and monitor the efficacy of statewide
programs and systems for hearing screening of newborns,
infants, and young children; prompt evaluation and diagnosis of
children referred from screening programs; and appropriate
educational, audiological, and medical interventions for
children identified with hearing loss. Early intervention
includes referral to and delivery of information and services
by schools and agencies, including community, consumer, and
parent-based agencies and organizations and other programs
mandated by part C of the Individuals with Disabilities
Education Act, which offer programs specifically designed to
meet the unique language and communication needs of deaf and
hard of hearing newborns, infants, and young children. Programs
and systems under this paragraph shall establish and foster
family-to-family support mechanisms that are critical in the
first months after a child is identified with hearing loss.'';
(D) in paragraph (2), by striking ``newborn and
infant'' and inserting ``newborn, infant, and young
child''; and
(E) by adding at the end the following:
``(3) To develop efficient models to ensure that newborns,
infants, and young children who are identified with a hearing
loss through screening are not lost to follow-up by a qualified
health care provider. These models shall be evaluated for their
effectiveness, and State agencies shall be encouraged to adopt
models that effectively reduce loss to follow-up.
``(4) To ensure an adequate supply of qualified personnel
to meet the screening, evaluation, and early intervention needs
of children.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the term ``newborn and
infant'' each place such term appears and
inserting ``newborn, infant, and young child'';
and
(ii) in subparagraph (A), by striking
``hearing loss screening, evaluation, and
intervention programs'' and inserting ``hearing
loss screening, evaluation, diagnosis, and
intervention programs'';
(B) in paragraph (2)--
(i) by striking ``for purposes of this
section, continue'' and insert the following:
``for purposes of this section--
``(A) continue'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(B) establish a postdoctoral fellowship program
to foster research and development in the area of early
hearing detection and intervention.'';
(4) in paragraphs (2) and (3) of subsection (c), by
striking the term ``newborn and infant hearing screening,
evaluation and intervention programs'' each place such term
appears and inserting ``newborn, infant, and young child
hearing screening, evaluation, diagnosis, and intervention
programs''; and
(5) in subsection (e)--
(A) in paragraph (3), by striking ``ensuring that
families of the child'' and all that follows and
inserting ``ensuring that families of the child are
provided comprehensive, consumer-oriented information
about the full range of family support, training,
information services, and language and communication
options and are given the opportunity to consider and
obtain the full range of early intervention services,
educational and program placements, and other options
for their child from highly qualified providers.''; and
(B) in paragraph (6)--
(i) by striking ``newborn and infant'' and
inserting ``newborn, infant, and young child'';
(ii) by striking ``newborns and infants''
and inserting ``newborns, infants, and young
children''; and
(iii) by striking ``, after rescreening,'';
and
(6) in subsection (f)--
(A) in paragraph (1)--
(i) in the heading, by striking ``Newborn
and Infant'' and inserting ``Newborn, Infant,
and Young Child''; and
(ii) by striking ``fiscal year 2002'' and
inserting ``fiscal years 2007 through 2012'';
(B) in paragraph (2), by striking ``fiscal year
2002'' and inserting ``fiscal years 2007 through
2012''; and
(C) in paragraph (3), by striking ``fiscal year
2002'' and inserting ``fiscal years 2007 through
2012''. | Early Hearing Detection and Intervention Act of 2006 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to: (1) provide services for young children (currently, limited to infants and newborns); and (2) include diagnostic services among services provided.
Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers.
Includes within the purposes of such program: (1) developing efficient models to ensure that newborns, infants, and young children who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.
Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.
Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers. | To amend the Public Health Service Act regarding early detection, diagnosis, and treatment of hearing loss. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Space Launch Amendments
Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the goal of opening space to the American people and
their private commercial, scientific, and cultural enterprises
should guide Federal space investments, policies, and
regulations;
(2) private industry has begun to develop commercial launch
vehicles capable of carrying human beings into space, and
greater private investment in these efforts will stimulate the
Nation's commercial space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation is
to regulate the emerging commercial human space flight
industry; and
(5) the public interest is served by creating a clear legal
and regulatory regime for commercial human space flight.
SEC. 3. AMENDMENTS.
(a) Findings and Purposes.--Section 70101 of title 49, United
States Code, is amended--
(1) in subsection (a)(3), by inserting ``human space
flight,'' after ``microgravity research,''; and
(2) in subsection (a)(4)--
(A) by striking ``satellite''; and
(B) by striking ``services now available from'' and
inserting ``capabilities of''.
(b) Definitions.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (17) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13),
(14), (15), (16), (18), (21), and (22), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a licensee
or transferee, who performs activities in the course of that
employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry vehicle that
carries human beings.'';
(3) in paragraph (4), as so redesignated by paragraph (1)
of this subsection, by inserting ``, crew, or space flight
participant'' after ``any payload'';
(4) in paragraph (6)(A), as so redesignated by paragraph
(1) of this subsection, by striking ``and payload'' and
inserting ``, payload, crew (including crew training), or space
flight participant'';
(5) in paragraph (8)(A), as so redesignated by paragraph
(1) of this subsection, by inserting ``or human beings'' after
``place a payload'';
(6) by inserting after paragraph (10), as so redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(11) `permit' means an experimental permit issued under
section 70105.''.
(7) in paragraph (13), as so redesignated by paragraph (1)
of this subsection, by inserting ``crew, or space flight
participants,'' after ``and its payload,'';
(8) in paragraph (14)(A), as so redesignated by paragraph
(1) of this subsection, by striking ``and its payload''
inserting ``and payload, crew (including crew training), or
space flight participant'';
(9) by inserting after paragraph (16), as so redesignated
by paragraph (1) of this subsection, the following new
paragraph:
``(17) `space flight participant' means an individual, who
is not crew, carried within a launch vehicle or reentry
vehicle.'';
(10) by inserting after paragraph (18), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(19) `suborbital rocket' means a rocket-propelled vehicle
intended for flight on a suborbital trajectory whose thrust is
greater than its lift for the majority of the powered portion
of its flight.
``(20) `suborbital trajectory' means the intentional flight
path of a launch vehicle, reentry vehicle, or any portion
thereof, whose vacuum instantaneous impact point does not leave
the surface of the Earth.''; and
(11) in paragraph (21), as so redesignated by paragraph (1)
of this subsection--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) crew or space flight participants.''.
(c) Commercial Human Space Flight.--(1) Section 70103(a) of title
49, United States Code, is amended by inserting ``, through the
Associate Administrator for Commercial Space Transportation,'' after
``Secretary of Transportation''.
(2) Section 70103(b)(1) of title 49, United States Code, is amended
by inserting ``, including those involving space flight participants''
after ``private sector''.
(3) Section 70104(a) of title 49, United States Code, is amended--
(A) by striking ``License Requirement.--A license issued or
transferred under this chapter'' and inserting ``Requirement.--
A license issued or transferred under this chapter, or a
permit,''; and
(B) by inserting after paragraph (4) the following:
``Notwithstanding this subsection, a permit shall not authorize a
person to operate a launch site or reentry site.''.
(4) Section 70104(b) of title 49, United States Code, is amended by
inserting ``or permit'' after ``holder of a license''.
(5) The section heading of section 70105 of title 49, United States
Code, is amended by striking ``License applications'' and inserting
``Applications'', and the item relating to that section in the table of
sections for chapter 701 of title 49, United States Code, is amended
accordingly.
(6) Section 70105(a) of title 49, United States Code, is amended--
(A) by striking ``Applications.-- '' and inserting
``Licenses.--'';
(B) in paragraph (1), by striking ``subsection (b)(2)(D)''
both places it appears and inserting ``subsection (c)(2)(D)'';
and
(C) in paragraph (2), by inserting ``, including crews,''
after ``or personnel''.
(7) Section 70105 of title 49, United States Code, is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
``(b) Experimental Permits.--(1) A person may apply to the
Secretary of Transportation for an experimental permit under this
subsection in the form and manner the Secretary prescribes. Consistent
with the public health and safety, safety of property, and national
security and foreign policy interests of the United States, the
Secretary, not later than 90 days after receiving an application
pursuant to this subsection, shall issue a permit if the Secretary
decides in writing that the applicant complies, and will continue to
comply, with this chapter and regulations prescribed under this
chapter. The Secretary shall inform the applicant of any pending issue
and action required to resolve the issue if the Secretary has not made
a decision not later than 60 days after receiving an application. The
Secretary shall transmit to the Committee on Science of the House of
Representatives and Committee on Commerce, Science, and Transportation
of the Senate a written notice not later than 15 days after any
occurrence when a permit is not issued within the deadline established
by this subsection.
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel, including crews,
that may be used in conducting commercial space launch or reentry
activities pursuant to a permit.
``(3) In order to encourage the development of a commercial space
flight industry, the Secretary, to the greatest extent practicable,
shall when issuing permits use the authority granted under subsection
(c)(2)(C).
``(4) The Secretary may issue a permit only for reusable suborbital
rockets that will be launched or reentered solely for--
``(A) research and development to test new design concepts,
new equipment, or new operating techniques;
``(B) showing compliance with requirements as part of the
process for obtaining a license under this chapter; or
``(C) crew training prior to obtaining a license for a
launch or reentry using the design of the rocket for which the
permit would be issued.
``(5) Permits issued under this subsection shall--
``(A) authorize an unlimited number of launches and
reentries for a particular suborbital rocket design for the
uses described in paragraph (4); and
``(B) specify the modifications that may be made to the
suborbital rocket without changing the design to an extent that
would invalidate the permit.
``(6) Permits shall not be transferable.
``(7) A permit may not be issued for, and a permit that has already
been issued shall cease to be valid for, a particular design for a
reusable suborbital rocket after a license has been issued for the
launch or reentry of a rocket of that design.
``(8) No person may operate a reusable suborbital rocket under a
permit for carrying any property or human being for compensation or
hire.
``(9) For the purposes of sections 70106, 70107, 70108, 70109,
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--
``(A) a permit shall be considered a license;
``(B) the holder of a permit shall be considered a
licensee;
``(C) a vehicle operating under a permit shall be
considered to be licensed; and
``(D) the issuance of a permit shall be considered
licensing.
This paragraph shall not be construed to allow the transfer of a
permit.''.
(8) Section 70105(c)(1) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(9) Section 70105(c)(2)(B) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
striking ``an additional requirement'' and inserting ``any additional
requirement''.
(10) Section 70105(c)(2)(C) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(11) Section 70105(c)(2)(D) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(12) Section 70105(c)(3) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following: ``Nothing in this paragraph shall be
construed to allow the launch or reentry of a launch vehicle or a
reentry vehicle without a license or permit if a human being will be on
board.''.
(13) Section 70105(c) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following new paragraphs:
``(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if--
``(A) the crew has received training and has satisfied
medical or other standards specified in the license or permit
in accordance with regulations promulgated by the Secretary;
and
``(B) the holder of the license or permit and crew have
complied with all requirements of the laws of the United States
that apply to crew.
``(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if--
``(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed the
space flight participant in writing about the risks of the
launch or reentry, including the safety record of the launch or
reentry vehicle type, and the space flight participant has
provided written informed consent to participation in the
launch or reentry; and
``(B) the holder of the license or permit and space flight
participant have complied with all requirements of the laws of
the United States related to launching or reentering a space
flight participant.''.
(14) Section 70105(d) of title 49, United States Code, as so
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``of a license''.
(15) Section 70106(a) of title 49, United States Code, is amended--
(A) by inserting ``at a site used for crew training,''
after ``assemble a launch vehicle or reentry vehicle,''; and
(B) by striking ``section 70104(c)'' and inserting
``sections 70104(c) and 70105(c)(4)''.
(16) Section 70110(a)(1) of title 49, United States Code, is
amended by striking ``70105(a)'' and inserting ``70105''.
(17) Section 70112(b)(1) of title 49, United States Code, is
amended--
(A) by inserting ``space flight participants,'' after ``its
contractors, subcontractors,'';
(B) by inserting ``or by space flight participants,'' after
``its own employees''; and
(C) by adding at the end the following: ``The requirement
for space flight participants to make a reciprocal waiver of
claims with the licensee or transferee shall expire 3 years
after the first licensed launch of a launch vehicle carrying a
space flight participant.''.
(18) Section 70112(b)(2) of title 49, United States Code, is
amended--
(A) by inserting ``crew, space flight participants,'' after
``transferee, contractors, subcontractors,''; and
(B) by inserting ``or by space flight participants,'' after
``its own employees''.
(19) Section 70113(a)(1) of title 49, United States Code, is
amended by inserting ``but not against a space flight participant,''
after ``subcontractor of a customer,''.
(20) Section 70113(f) of title 49, United States Code, is amended
by striking ``December 31, 2004.'' and inserting ``December 31, 2007.
This section does not apply to permits.''.
(21) Section 70115(b)(1)(D)(i) of title 49, United States Code, is
amended by inserting ``crew training site,'' after ``site of a launch
vehicle or reentry vehicle,''.
(22) Section 70119 of title 49, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) $11,776,000 for fiscal year 2005;
``(2) $11,776,000 for fiscal year 2006; and
``(3) $11,776,000 for fiscal year 2007.''.
(23) Section 70120 of title 49, United States Code, is amended by
adding at the end the following new subsections:
``(c) Amendments.--Not later than 12 months after the date of
enactment of the Commercial Space Launch Amendments Act of 2004, the
Secretary shall publish proposed regulations to carry out that Act,
including regulations relating to crew, space flight participants, and
permits for launch or reentry of reusable suborbital rockets. Not later
than 18 months after such date of enactment, the Secretary shall issue
final regulations.
``(d) Effective Date.--(1) Licenses for the launch or reentry of
launch vehicles or reentry vehicles with human beings on board and
permits may be issued by the Secretary prior to the issuance of the
regulations described in subsection (c).
``(2) As soon as practicable after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Secretary shall
issue guidelines or advisory circulars to guide the implementation of
that Act until regulations are issued.
``(3) Notwithstanding paragraphs (1) and (2), no licenses for the
launch or reentry of launch vehicles or reentry vehicles with human
beings on board or permits may be issued starting three years after the
date of enactment of the Commercial Space Launch Amendments Act of 2004
unless the final regulations described in subsection (c) have been
issued.''.
SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE
TRANSPORTATION LIABILITY RISK SHARING REGIME.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall enter into an appropriate arrangement
with the National Academy of Public Administration to conduct a study
of how best to gradually eliminate the liability risk sharing regime in
the United States for commercial space transportation under section
70113 of title 49, United States Code. The study shall assess methods
by which the liability risk sharing regime could be eliminated by 2008
or as soon as possible thereafter and the impact those methods would be
likely to have on the commercial space transportation industry. The
methods examined shall include incremental approaches.
SEC. 5. TECHNICAL AMENDMENT.
Section 102(c) of the Commercial Space Act of 1998 is repealed.
Passed the House of Representatives March 4, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky.
(Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party.
Declares that regulatory authority for such transportation shall be carried out by the Secretary of Transportation (as under current law), but through the Associate Administrator for Commercial Space Transportation.
Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches.
Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to use the authority to waive, by regulation, any Federal law requirement as a requirement for a license if such requirement is not necessary to protect the public health and safety, safety of property, and U.S. national security and foreign policy interests.
Limits the Secretary's authority to issue permits for reusable suborbital rockets to those rockets that will be launched or reentered solely for: (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license; or (3) crew training before obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.
Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.
Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the vehicle type, and the space flight participant has provided written informed consent to participation; and (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws.
Provides for expedited procedures for the issuance of permits.
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Declares that the requirement for flight participants shall expire three years after the first licensed launch of a launch vehicle carrying the space flight participant.
Makes liability indemnification program requirements inapplicable to space flight participants.
Extends from December 31, 2004, through December 31, 2007, liability insurance and financial responsibility requirements.
Authorizes appropriations through FY 2007.
(Sec. 4) Requires the Secretary of Transportation to arrange with the National Academy of Public Administration for a study to assess: (1) methods by which the liability risk sharing regime for commercial space transportation could be eliminated by 2008 (or as soon as possible thereafter); and (2) the impact those methods would be likely to have on the commercial space transportation industry. | To promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes. |
SECTION 1. PURPOSES.
The purposes of this Act are--
(1) to augment law enforcement services and community
policing efforts by providing accessible crisis intervention
services for children who are involved in violent incidents,
and training for law enforcement officers in child development,
family, and cultural issues;
(2) to facilitate interaction between law enforcement
agencies, child and family service organizations, local
educational agencies, and other community members for the
purpose of building coalitions for the prevention of community
violence;
(3) to provide mentors for high-risk children and youth;
(4) to promote conflict resolution training for children
and youth; and
(5) to identify children and families at high risk for
developing behavioral or emotional problems resulting from
exposure to community violence and provide mental health and
other support services to such children and families, including
crisis intervention for child witnesses and victims of
violence.
SEC. 2. GRANT AUTHORIZATION.
(a) Establishment.--(1) The Attorney General, in consultation with
the Secretary of Health and Human Services, and where appropriate the
Secretary of Education, is authorized to award grants to States for use
by local law enforcement agencies for the establishment of law
enforcement and child and family services partnership programs to carry
out activities described in section 1.
(2) In awarding grants described in paragraph (1), the Attorney
General shall give priority to States that have law enforcement
agencies that--
(A) are engaged in community-based policing; and
(B) intend to target programs for disadvantaged
communities.
(b) Grant Distribution.--The Attorney General shall, to the extent
practicable, achieve an equitable distribution of assistance among the
urban and rural areas of the United States.
(c) Grant Amount.--A grant awarded under this Act shall be of
sufficient size and scope to adequately support programs authorized
under section 2.
(d) Duration.--A grant made under this Act shall be for a period of
not less than 2 years.
SEC. 3. USES OF FUNDS.
(a) In General.--Grants made under this Act to the States for use
by law enforcement agencies shall be used--
(1) to provide 24-hour response to crisis situations
affecting children and youth;
(2) to provide training for law enforcement officers
jointly taught by law enforcement officers and child guidance
professionals that includes instruction by child and family
service organizations in the basic principles of human
behavior, child psychology, and family systems;
(3) to develop or expand community activities for children
and families that are designed jointly by the law enforcement
and child and family services partnership, including conflict
resolution training programs for children and youth, after-
school activity and neighborhood recreation programs, and
parent support groups led jointly by child guidance and law
enforcement professionals;
(4) to establish weekly case conferences by a team of child
guidance professionals and law enforcement officers;
(5) to provide formal mentoring programs; or
(6) to assist and support the local educational agency
located in or near the community that the partnership serves in
developing and implementing conflict resolution programs.
(b) Limitation.--Of the total amount of funds made available under
this Act for each fiscal year, not more than 10 percent of such funds
may be used to implement the mentoring and conflict resolution programs
established by paragraphs (5) and (6) of subsection (a).
SEC. 4. APPLICATIONS.
(a) State Applications.--To request a grant under this Act a State
shall--
(1) prepare and submit to the Attorney General an
application in such form, at such time, and in accordance with
such procedures, as the Attorney General shall establish;
(2) provide an assurance that funds received under this Act
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for programs funded under
this Act; and
(3) use the office designated under section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.
3757) to--
(A) prepare the application as required under this
section; and
(B) administer grant funds received under this Act,
including review of spending, processing, progress,
financial reporting, technical assistance, grant
adjustments, accounting, auditing, and fund
disbursement.
(b) Local Applications.--(1) To request funds under this Act from a
State, the chief executive of a law enforcement agency shall submit an
application to the office designated under subsection (a).
(2) Each application under paragraph (1) shall include--
(A) assurances that there is a partnership established
between the law enforcement agency and a child and family
service organization;
(B) assurances that the applicant has coordinated with
other segments of the community to ensure that the partnership
efforts complement existing community anti-violence efforts;
(C) assurances that programs developed shall maintain
confidentiality for all individuals served;
(D) assurances that adequate resources for training of law
enforcement officers and professional consultation services for
children and families, including professionals licensed to
provide child and family evaluations and treatment, will be
provided;
(E) assurances that funds received under this Act shall be
used to supplement, not supplant, non-Federal funds that would
otherwise be available for programs funded under this Act; and
(F) assurance that the partnership shall provide local
matching funds in accordance with the Federal share
requirements under section 5.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--(1) The Federal share of a grant made under this
Act may not exceed--
(A) with respect to the first fiscal year, 75 percent of
the total costs of the projects described in the application
submitted under section 4 for such fiscal year;
(B) with respect to the second fiscal year, 70 percent of
the total costs of the projects described in the application
submitted under section 4 for such fiscal year; and
(C) with respect to any subsequent fiscal year, 60 percent
of the total costs of the projects described in the application
submitted under section 4 for such fiscal year.
(2) The Attorney General may accept the value of in-kind
contributions made by the grant recipient as a part or all of the non-
Federal share of grants.
(b) Technical Assistance.--The National Institute of Justice may
provide training and technical assistance to law enforcement and child
and family service partnerships.
(c) Administrative Costs.--A State or law enforcement agency may
use not more than 5 percent of the funds it receives from this Act for
administrative expenses.
SEC. 6. EVALUATIONS AND REPORTS.
(a) Evaluation.--The Attorney General shall conduct evaluations to
determine the effectiveness of the programs funded under this Act.
(b) Reports and Evaluations.--
(1) Interim.--Not later than December 31, 1995, the
Attorney General shall prepare and submit to the Committees on
the Judiciary of the House and Senate an interim progress
report based on information reported by the grantees and the
results (as of the date of the submission of such report) of
the evaluation conducted under subsection (a).
(2) Final.--Not later than December 31, 1998, the Attorney
General shall prepare and submit to the Committees on the
Judiciary of the House and Senate a review and summary of the
results of the evaluation conducted under subsection (a).
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Child and family service organization.--The term
``child and family service organization'' means a public or
private nonprofit entity (such as child guidance centers, child
psychiatry or child psychology departments of hospitals or
university medical centers, or community mental health centers
providing child and family services) that provides mental
health services to children and families and that meets
nationally recognized guidelines (such as guidelines prescribed
for mental health centers and for child welfare and family
service agencies) with respect to the services provided to
children and families.
(2) Community-based policing.--The term ``community-based
policing'' means a commitment and an effort (within the
confines of budget restrictions) made by a law enforcement
agency to establish or expand cooperative efforts between the
police and a community in order to increase police presence in
the community, including--
(A) developing innovative neighborhood-oriented
policing programs and community-based crime-prevention
programs; and
(B) creating decentralized police substations
throughout the community to encourage interaction and
cooperation between the public and law enforcement
personnel on a local level, including the permanent
assignment of officers to a specific neighborhood or
substation.
(3) Formal mentoring program.--The term ``formal mentoring
program'' means a community partnership with corporations,
universities, labor organizations, nonprofit entities (such as
professional societies) or government agencies which recruits
and trains individuals representative of the cultural diversity
of their community, and includes individuals such as police
officers, child and family services staff, and community and
business leaders, to serve as role models for high-risk
children and youth.
(4) Law enforcement agency.--The term ``law enforcement
agency'' means an entity that serves a specific community and
has the legal responsibility of policing the activities of such
community.
(5) Law enforcement and child and family services
partnership.--The term ``law enforcement and child and family
services partnership'' means a cooperative agreement between a
law enforcement agency and a child and family service
organization.
(6) Mentor.--The term ``mentors'' means individuals
representative of the cultural diversity of the community, and
includes individuals such as police officers, child and family
services staff, and community and business leaders, who are
recruited and trained by a formal mentoring program to serve as
role models for high-risk children and youth.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$10,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998. | Authorizes the Attorney General to award grants to States for use by local law enforcement agencies for the establishment of law enforcement and child and family services partnership programs to: (1) augment law enforcement services and community policing efforts by providing accessible crisis intervention services for children who are involved in violent incidents and training for law enforcement officers (officers) in child development, family, and cultural issues; (2) facilitate interaction between law enforcement agencies, child, and family service organizations, local educational agencies, and other community members for the purpose of building coalitions for the prevention of community violence; (3) provide mentors for high-risk children and youth; (4) promote conflict resolution training for children and youth; and (5) identify children and families at high risk for developing behavioral or emotional problems resulting from exposure to community violence and provide mental health and other support services to such children and families, including crisis intervention for children witnesses and victims of violence.
Directs the Attorney General, in awarding such grants, to give priority to States that have law enforcement agencies that: (1) are engaged in community-based policing; and (2) intend to target programs for disadvantaged communities.
Authorizes the use of such grants to: (1) provide 24-hour response to crisis situations affecting children and youth, training for officers jointly taught by officers and child guidance professionals, and formal mentoring programs; (2) develop or expand community activities for children and families that are designed jointly by the law enforcement and child and family services partnership; (3) establish weekly case conferences by a team of child guidance professionals and officers; and (4) assist and support the local educational agency located in or near the community the partnership serves in developing and implementing conflict resolution programs.
Sets forth provisions regarding: (1) limitations on the use of grant funds; (2) State and local application requirements; (3) the Federal share; and (4) evaluations and reporting requirements.
Authorizes the National Institute of Justice to provide training and technical assistance to law enforcement and child and family service partnerships.
Authorizes appropriations. | To create police partnerships for children. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Y2K Liability and Antitrust Reform
Act''.
SEC. 2. LIABILITY FOR COMPUTER DATE FAILURE.
(a) General Rule.--
(1) Designers, developers, and manufacturers.--An action
which is brought in a Federal or State court against a person
because of a computer date failure shall be deemed to be based
solely in contract and shall only allow recovery for
consequential business loss and costs of repairs or replacement
resulting from the failure if the following conditions are met:
(A) The plaintiff in the action has not suffered
any personal injury, excluding emotional harm, as a
result of the computer date failure.
(B) The defendant in the action has--
(i) given notice, described in paragraph
(2), by mail to all buyers known to the
defendant of the computer system or any
component of the system or computer program or
software or hardware that experiences or may
experience a computer date failure and with
respect to buyers not known to the defendant
given notice on the defendant's World Wide Web
site on the Internet;
(ii) made available at no charge to the
buyer a repair or replacement for a computer
program or software or hardware which was first
introduced for sale after December 31, 1994,
and which was involved in the computer date
failure; and
(iii) made available to the buyer a repair
or replacement for a computer program or
software or hardware which was first introduced
for sale before January 1, 1995, and which was
involved in a computer date failure.
(2) Notice.--The notice specified in paragraph (1)(B)(i)
shall specify the computer system or component of the system or
computer program or software supplied by the defendant that
experiences or may experience a computer date failure and shall
explain the manner by which the buyer may obtain repair or
replacement of the computer system or component of the system
or computer program or software if repair or replacement is
available or obtain additional information on such system,
component, program, or software.
(3) Application.--This subsection shall not be construed to
limit the ability of contracting parties to enter into
agreements as they deem appropriate on the issues of liability
and damages resulting from computer date failure.
(4) Definition.--For purposes of this subsection, the term
``person'' means a person who is engaged in commerce to design,
develop, or manufacture a computer system, computer program or
software, or component.
(b) Special Rule.--
(1) Other persons.--An action which is brought in a Federal
or State court against a person (other than a person described
in subsection (a)) because of a computer date failure shall be
deemed to be based solely in contract and shall only allow
recovery for consequential business loss and costs of repairs
or replacement resulting from the failure if the following
conditions are met:
(A) The plaintiff in the action has not suffered
any personal injury, excluding emotional harm, as a
result of the computer date failure.
(B) The defendant in the action has--
(i) made all reasonable efforts to protect
its system, program, or software from a
computer date failure, including efforts to
acquire hardware or software that will not
experience a computer date failure;
(ii) not later than July 1, 1999, tested
its systems, programs, or software by actually
simulating the transition from December 31,
1999 to January 1, 2000 and made any other test
that a reasonable person would believe
necessary to prevent a computer date failure;
(iii) not later than August 1, 1999,
provided notice to its customers and to the
President's Council on the Year 2000 Conversion
of efforts to avoid a computer date failure,
including a general description of its
compliance efforts, the results of the tests
under clause (ii), and the likelihood that it
will make transition to the Year 2000 without a
computer date failure; and
(iv) not later than August 1, 1999, posted
the notice it made under clause (iii)
prominently in its place of business for public
review.
The President's Council on the Year 2000 Conversion
shall make available the notice it received under
clause (iii) on the Council's homepage on the worldwide
web.
(2) Application.--This subsection shall not be construed to
limit the ability of contracting parties to enter into
agreements as they deem appropriate on the issues of liability
and damages resulting from computer date failure.
(c) Definitions.--For purposes of this section:
(1) Action.--The term ``action'' means an action to recover
damages resulting directly or indirectly from a computer date
failure, an action based on breach of contract, a shareholder
or derivative action, and an action based on an alleged failure
to properly detect, disclose, prevent, report on, or remediate
a computer date failure.
(2) Computer date failure.--The term ``computer date
failure'' means--
(A) a present or future inability of the computer
system or computer program or software to accurately
store, process, provide, or receive data from, into,
and between the years 1999 and 2000 and beyond if all
other technology used in combination with such system,
program, or software properly exchanges data with it;
or
(B) the possibility of the existence of any such
inability or incompatibility.
(3) Computer program or software.--The term ``computer
program or software'' is a set of statements or instructions to
be used directly or indirectly in a computer in order to bring
about a certain result.
(4) Computer system.--The term ``computer system'' means
any electronic device or collection of devices, including
support devices, networks, and embedded chips and excluding
calculators that are not programmable, that contains computer
programs or electronic instructions and that performs
functions, including logic, arithmetic, data processing, data
storage and retrieval, communication, or control.
SEC. 3. TEMPORARY ANTITRUST EXEMPTION.
(a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of establishing
responses designed to mitigate the impact of computer date failure in a
computer system, in a component of a computer system, or in a computer
program or software if such conduct occurs, or such agreement is made
and implemented, only in the period beginning on the date of the
enactment of this Act and ending December 31, 2001.
(b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that results in a boycott of any person.
(c) Definition of Antitrust Laws.--For purposes of this section,
the term ``antitrust laws''--
(1) has the meaning given it in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 12(a)), except that such
term includes section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent such section 5 applies to unfair
methods of competition, and
(2) includes any State law similar to the laws referred to
in subparagraph (A). | Y2K Liability and Antitrust Reform Act - Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury, excluding emotional harm, as a result and the defendant is: (1) a person who is engaged in commerce to design, develop, or manufacture a computer system, program, software, or component, has given specified notice to buyers, has made available at no charge repair or replacement of hardware and software for products sold after December 31, 1994, and has made available to the buyer a repair or replacement for a computer program or software or hardware that was introduced for sale before January 1, 1995; or (2) any other person who has made reasonable efforts to protect its system, program, or software from computer date failure, has conducted reasonable tests to prevent a computer date failure by July 1, 1999, and has notified its customers and the President's Council on the Year 2000 Conversion by August 1, 1999, of efforts to avoid such failure.
(Sec. 3) Makes the antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and December 31, 2001, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with an exception for conduct that results in a boycott. | Y2K Liability and Antitrust Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Drugs Access Act''.
SEC. 2. WAIVER REQUIREMENT FOR PERSONAL IMPORTATION OF PRESCRIPTION
DRUGS FROM CANADA.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following section:
``waiver requirement for personal importation of prescription drugs
from canada
``Sec. 805. (a) In General.--With respect to the importation by
individuals of prescription drugs from Canada, the Secretary shall in
accordance with this section establish by regulation a waiver of
prohibitions under this Act that apply to the importation of drugs.
Such a waiver shall permit an individual to import into the United
States any prescription drug that--
``(1) is imported from Canada for personal use by the
individual (not for resale);
``(2) is approved by the Secretary under section 505, is
manufactured in an establishment registered with the Secretary
under section 510, and is not a controlled substance in
schedule I, II, or III under section 202(c) of the Controlled
Substances Act;
``(3) is imported from a Canadian pharmacy that has
submitted to the Secretary a registration that identifies the
pharmacy and provides documentation that the pharmacy is
licensed in Canada;
``(4) is imported in a quantity that does not (for that
instance of importation) exceed a 90-day supply;
``(5) at the time of importation, is accompanied by a copy
of a valid prescription for the drug for the individual, issued
in the United States by a practitioner in accordance with
section 503(b), or is accompanied by documentation that
verifies the issuance of such a prescription for the
individual;
``(6) is in the form of a final finished dosage; and
``(7) is imported under such other conditions as the
Secretary determines to be necessary to ensure public safety.
``(b) Study; Limitation on Waiver Requirement.--
``(1) Study.--During the one-year period beginning on the
effective date of this section, the Secretary shall conduct a
study of prescription drugs imported from Canada under
subsection (a), and of prescription drugs that are imported
into the United States from other countries for personal use,
in order to determine the authenticity and quality of such
drugs.
``(2) Limitation.--If through the study under paragraph (1)
the Secretary determines that drugs imported under subsection
(a) present a significant threat to the public health, the
following applies:
``(A) The Secretary may, in order to protect the
public health, establish one or more conditions for the
importation from Canada of prescription drugs for
personal use that are different than the conditions
described in such subsection, in which case any
conflicting condition described in such subsection
ceases to apply.
``(B) The Secretary may publish in the Federal
Register a statement that, pursuant to this section,
the Secretary has determined that waivers under this
section should be terminated in order to protect the
public health. Effective on the date on which such a
statement is so published, this section ceases to have
any legal effect.
``(c) Authority Regarding Other Countries.--If through the study
under subsection (b)(1) the Secretary determines that drugs imported
under subsection (a) do not present a significant threat to the public
health, or if under authority of subsection (b)(2)(A) the Secretary
establishes conditions in order to protect the public health, the
Secretary may, in the case of such countries in addition to Canada as
the Secretary determines to be appropriate, establish by regulation a
waiver of prohibitions under this Act that apply to the importation of
drugs, under which waiver individuals are permitted to import into the
United States prescription drugs that meet the conditions that apply
under subsection (a) (or under subsection (b)(2)(A), as the case may
be). Such regulations may establish country-specific conditions, as
determined appropriate by the Secretary to protect the public health.
``(d) Definition.--For purposes of this section, the term
`prescription drug' means a drug that is subject to section 503(b).''.
(b) Assessment Regarding Additional Agency Inspectors at Ports of
Entry.--The Secretary of Health and Human Services shall conduct an
assessment to determine the additional number of inspectors that should
be added for the Food and Drug Administration at ports of entry into
the United States in order to provide adequate assurance that drugs
imported into the United States meet the standards of the Federal Food,
Drug, and Cosmetic Act. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report describing the findings of the assessment.
SEC. 3. CONTROLLED SUBSTANCES; IMPORTATION WITHOUT VALID PRESCRIPTIONS.
Section 1006(a)(2) of the Controlled Substances Import and Export
Act (21 U.S.C. 956(a)(2)) is amended by striking ``that exceeds 50
dosage units'' and all that follows and inserting the following: ``that
exceeds 10 dosage units of the controlled substance, except that if the
individual is importing more than one such controlled substance into
the United States, the combined total number of dosage units of such
substances imported by the individual may not exceed 10 dosage
units.''.
SEC. 4. INTERNET SALES OF PRESCRIPTION DRUGS.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:
``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.
``(a) Requirements Regarding Information on Internet Site.--
``(1) In general.--A person may not dispense a prescription
drug pursuant to a sale of the drug by such person if--
``(A) the purchaser of the drug submitted the
purchase order for the drug, or conducted any other
part of the sales transaction for the drug, through an
Internet site; and
``(B) such site, or any other Internet site used by
such person for purposes of sales of a prescription
drug, fails to meet each of the requirements specified
in paragraph (2) (other than a site or pages on a site
that are not intended to be accessed by purchasers or
prospective purchasers).
``(2) Requirements.--With respect to an Internet site, the
requirements referred to in subparagraph (B) of paragraph (1)
for a person to whom such paragraph applies are as follows:
``(A) Each page of the site shall include either
the following information or a link to a page that
provides the following information:
``(i) The name of such person; the address
of the principal place of business of the
person with respect to sales of prescription
drugs through the Internet; and the telephone
number for such place of business.
``(ii) Each State in which the person is
authorized by law to dispense prescription
drugs.
``(iii) The name of each individual who
serves as a pharmacist for purposes of the
site, and each State in which the individual is
authorized by law to dispense prescription
drugs.
``(iv) If the person provides for medical
consultations through the site for purposes of
providing prescriptions, the name of each
individual who provides such consultations;
each State in which the individual is licensed
or otherwise authorized by law to provide such
consultations; and the type or types of health
professions for which the individual holds such
licenses or other authorizations.
``(B) A link to which paragraph (1) applies shall
be clearly visible on the page involved, shall not be
of a size smaller than other links on the page (if
any), and shall include in the caption for the link the
words `licensing and contact information'.
``(b) Internet Sales Without Appropriate Medical Relationships.--
``(1) In general.--A person may not dispense a prescription
drug, or arrange the dispensing of such a drug, pursuant to a
sale of the drug if--
``(A) for purposes of such sale, the purchaser
communicated with the person through the Internet;
``(B) the patient for whom the drug was purchased
did not, when such communications began, have a
prescription for the drug;
``(C) pursuant to such communications, the person
provided for the involvement of a practitioner and the
practitioner issued a prescription for the drug that
was purchased;
``(D) the person knew, or had reason to know, that
the practitioner did not, when issuing the
prescription, have a qualifying medical relationship
with the patient; and
``(E)(i) the person received payment for the drug
from the purchaser; or
``(ii) in the case of arranging the dispensing of
the drug, the person received payment for doing so from
the person who dispensed the drug.
For purposes of subparagraph (E), payment is received if money
or other valuable consideration is received.
``(2) Qualifying medical relationship.--
``(A) In general.--With respect to issuing a
prescription for a drug for a patient, a practitioner
has a qualifying medical relationship with the patient
for purposes of this section if at least one in-person
medical evaluation of the patient has been conducted by
the practitioner. This subparagraph and subparagraph
(B) may not be construed as having any applicability
beyond this section.
``(B) In-person medical evaluation.--A medical
evaluation by a practitioner is an in-person medical
evaluation for purposes of this section if the
practitioner is in the physical presence of the patient
as part of conducting the evaluation, without regard to
whether portions of the evaluation are conducted by
other health professionals.
``(c) Actions by States.--
``(1) In general.--Whenever an attorney general of any
State has reason to believe that the interests of the residents
of that State have been or are being threatened or adversely
affected because any person has engaged or is engaging in a
pattern or practice that violates section 301(l), the State may
bring a civil action on behalf of its residents in an
appropriate district court of the United States to enjoin such
practice, to enforce compliance with such section (including a
nationwide injunction), to obtain damages, restitution, or
other compensation on behalf of residents of such State, to
obtain reasonable attorneys fees and costs if the State
prevails in the civil action, or to obtain such further and
other relief as the court may deem appropriate.
``(2) Notice.--The State shall serve prior written notice
of any civil action under paragraph (1) or (5)(B) upon the
Secretary and provide the Secretary with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice
immediately upon instituting such action. Upon receiving a
notice respecting a civil action, the Secretary shall have the
right--
``(A) to intervene in such action;
``(B) upon so intervening, to be heard on all
matters arising therein; and
``(C) to file petitions for appeal.
``(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this chapter shall
prevent an attorney general of a State from exercising the
powers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
``(4) Venue; service of process.--Any civil action brought
under paragraph (1) in a district court of the United States
may be brought in the district in which the defendant is found,
is an inhabitant, or transacts business or wherever venue is
proper under section 1391 of title 28, United States Code.
Process in such an action may be served in any district in
which the defendant is an inhabitant or in which the defendant
may be found.
``(5) Actions by other state officials.--
``(A) Nothing contained in this section shall
prohibit an authorized State official from proceeding
in State court on the basis of an alleged violation of
any civil or criminal statute of such State.
``(B) In addition to actions brought by an attorney
general of a State under paragraph (1), such an action
may be brought by officers of such State who are authorized by the
State to bring actions in such State on behalf of its residents.
``(d) Definitions.--
``(1) Internet-related definitions.--For purposes of this
section:
``(A) The term `Internet' means collectively the
myriad of computer and telecommunications facilities,
including equipment and operating software, which
comprise the interconnected world-wide network of
networks that employ the transmission control protocol/
internet protocol, or any predecessor or successor
protocols to such protocol, to communicate information
of all kinds by wire or radio.
``(B) The term `link', with respect to the
Internet, means one or more letters, words, numbers,
symbols, or graphic items that appear on a page of an
Internet site for the purpose of serving, when
activated, as a method for executing an electronic
command--
``(i) to move from viewing one portion of a
page on such site to another portion of the
page;
``(ii) to move from viewing one page on
such site to another page on such site; or
``(iii) to move from viewing a page on one
Internet site to a page on another Internet
site.
``(C) The term `page', with respect to the
Internet, means a document or other file accessed at an
Internet site.
``(D)(i) The terms `site' and `address', with
respect to the Internet, mean a specific location on
the Internet that is determined by Internet Protocol
numbers. Such term includes the domain name, if any.
``(ii) The term `domain name' means a method of
representing an Internet address without direct
reference to the Internet Protocol numbers for the
address, including methods that use designations such
as `.com', `.edu', `.gov', `.net', or `.org'.
``(iii) The term `Internet Protocol numbers'
includes any successor protocol for determining a
specific location on the Internet.
``(2) Other definitions.--For purposes of this section:
``(A) The term `practitioner', with respect to the
issuance of a prescription for a drug for a patient,
means--
``(i) an individual authorized by law to
administer the drug; or
``(ii) an individual who is not so
authorized but represents himself or herself as
an individual who is so authorized.
``(B) The term `prescription drug' means a drug
that is subject to section 503(b).
``(C) The term `qualifying medical relationship',
with respect to a practitioner and a patient, has the
meaning indicated for such term in subsection (b).''.
(b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
``(l) The dispensing of a prescription drug in violation of section
503B, or arranging for the dispensing of such a drug in violation of
such section.''.
(c) Internet Sales of Prescription Drugs; Consideration by
Secretary of Practices and Procedures for Certification of Legitimate
Businesses.--In carrying out section 503B of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a) of this section), the
Secretary of Health and Human Services shall take into consideration
the practices and procedures of public or private entities that certify
that businesses selling prescription drugs through Internet sites are
legitimate businesses, including practices and procedures regarding
disclosure formats and verification programs.
(d) Effective Date.--The amendments made by subsections (a) and (b)
take effect upon the expiration of the 60-day period beginning on the
date of the enactment of this Act, without regard to whether a final
rule to implement such amendments has been promulgated by the Secretary
of Health and Human Services under section 701(a) of the Federal Food,
Drug, and Cosmetic Act. The preceding sentence may not be construed as
affecting the authority of such Secretary to promulgate such a final
rule. | Affordable Drugs Access Act - Amends the Federal Food, Drug, and Cosmetic Act to require a waiver of prohibitions which would then permit an individual to import a prescription drug from Canada. Stipulates that the drug be: (1) imported in final form in limited quantities for personal use from a registered Canadian pharmacy; (2) approved by the Secretary of Health and Human Services; and (3) accompanied by a valid prescription.Requires the Secretary to study the authenticity and quality of drugs imported into the United States from other countries for personal use. Authorizes the Secretary, based on whether study results indicate the presence or absence of a significant threat to public health, to: (1) condition the entry of drugs; (2) terminate the waiver; and/or (3) extend the waiver to other countries.Amends the Controlled Substances Import and Export Act to reduce the aggregate number of dosage units of a controlled substance a U.S. resident may import into the United States without a prescription.Regulates the Internet sale of prescription drugs. Requires Internet sites used for purposes of sales of a prescription drug to include a page (and links thereto) providing the identities of the seller and the persons serving as pharmacists or medical consultants and the States in which the seller and such persons are authorized to dispense drugs or provide consultations.Permits State enforcement of Internet prescription drug sale requirements, but retains the right of the Secretary to intervene. | To amend the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to grant waivers permitting individuals to import prescription drugs from Canada, to amend such Act with respect to the sale of prescription drugs through the Internet, and for other purposes. |
SECTION 1. CONVEYANCE OF TITLE TO WORKS, FACILITIES, AND LANDS.
(a) Definitions.--
(1) Consolidated contract.--The term ``consolidated
contract'' means the ``Amendatory and Supplemental Consolidated
Contract with Wellton-Mohawk Irrigation and Drainage District
for Delivery of Water, Construction of Works, Repayment, and
Project Power Supply'' (Reclamation's Contract Number 1-07-30-
W0021 Amendment No. 1) and any amendments or supplements.
(2) Designated lands.--The term ``Designated Lands'' means
those lands within or adjacent to the Division designated by
Wellton-Mohawk, in conjunction with Reclamation, on the
Production Re-examination Board maps referenced in the
Consolidated Contract. Wellton-Mohawk will acquire the
Designated Lands by fair value purchase or exchange as set
forth in the Memorandum of Agreement.
(3) Division.--The term ``Division'' means the Wellton-
Mohawk Division of the Gila Project, Arizona.
(4) Memorandum of agreement.--The term ``Memorandum of
Agreement'' means the agreement to be made between the
Secretary and Wellton-Mohawk setting forth, among other things,
the amount of administrative costs to be shared by the United
States and Wellton-Mohawk; the fair value price of the
Designated Lands to be purchased by Wellton-Mohawk; the date
certain by which transfer must be completed to avoid transfer
by operation of law; and, addressing salinity control concerns
of Reclamation with regards to return flows from Wellton-
Mohawk.
(5) Reclamation.--The term ``Reclamation'' means the
Department of the Interior, Bureau of Reclamation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Wellton-mohawk.--The term ``Wellton-Mohawk'' means the
Wellton-Mohawk Irrigation and Drainage District, an irrigation
and drainage district created, organized and existing under and
by virtue of the laws of the State of Arizona. Wellton-Mohawk
is a fully paid out single reclamation purpose district and
intends to continue to operate as a single reclamation purpose
district following transfer of title to its works, facilities,
and lands.
(8) Western.--The term ``Western'' means the Department of
Energy, Western Area Power Administration.
(b) Conveyance.--The Secretary shall, upon payment of such
consideration as provided in this section and section (d) (requiring
fair value payment for Designated Lands) and none other, convey to
Wellton-Mohawk, by quitclaim deed or patent, all right, title, and
interest of the United States in and to Designated Lands, easements,
and rights-of-way of or in connection with the Division, together with
the pumping plants, canals, drains, laterals, roads, pumps, motors,
checks, headgates, relifts, transformers, buildings, works, including
Gila River flood protection and control works and related works and
facilities made a part of the project works by Reclamation Contract 9-
07-30-W0117, and other improvements or appurtenances to the land or
used for the delivery of water from the headworks (but not the
headworks themselves) of the Wellton-Mohawk Canal, including all
facilities used in conjunction with the Division (including the
Wellton-Mohawk Main Conveyance Channel and drainage facilities of the
Division and related purposes for which the allocable construction
costs have been fully repaid by Wellton-Mohawk). Administrative costs,
including costs associated with compliance with procedural requirements
of environmental or other statutes, of transfer of title to works,
facilities, and lands and related activities shall be paid in equal
shares by the United States and Wellton-Mohawk, pursuant to the
Memorandum of Agreement. Reclamation is hereby authorized to expend
funds for the purpose of completing the transfer of title to works,
facilities, and lands herein authorized and directed.
(c) Water and Power Delivery.--Notwithstanding the transfer of
title to works, facilities, and lands, the Secretary shall continue to
deliver water to Wellton-Mohawk in accordance with the terms of the
Consolidated Contract. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western shall continue to
provide Wellton-Mohawk with project reserved power from the Parker
Reclamation Power Plant and Davis Reclamation Power Plant, in
accordance with the terms of the Consolidated Contract and the ``Power
Management Agreement'' (Reclamation's and Western's Contract Numbers 6-
CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-P1138).
(d) Payment.--Consideration for the Designated lands shall be the
fair value of the Designated Lands as established in the Memorandum of
Agreement. Fair value shall be paid to the United States by Wellton-
Mohawk, to the United States at the time of transfer.
(e) Liability.--Effective on the date of conveyance of the project
works, facilities and lands, described in section 1(b), the United
States shall not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to the
conveyed works, facilities, and lands, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors as provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
(f) Salinity Control.--The Memorandum of Agreement shall resolve
any salinity control issues resulting from return flows from Wellton-
Mohawk in accordance with Public Law 93-320.
(g) Report.--The Secretary shall provide a report to the Committee
on Resources of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
within 18 months from the date of enactment of this Act on the status
of the transfer, any obstacles to completion of the transfer as
provided in this section, and the anticipated date for such transfer.
If such transfer has not occurred by the date certain established in
the Memorandum of Agreement, then upon the tender of fair value, as
established by Wellton-Mohawk, to the Secretary by Wellton-Mohawk, all
right, title, and interest of the United States in and to the works,
facilities, and lands described in section (b) shall transfer to and
vest in Wellton-Mohawk by operation of law. The Secretary shall provide
such evidence of title as Wellton-Mohawk may request at no cost to
Wellton-Mohawk. | Directs the Secretary of the Interior, after payment to the United States of appropriate consideration, to transfer certain works, facilities, and titles of the Gila Project, Arizona, as well as designated lands within or adjacent to such Project, to the Wellton-Mohawk Irrigation and Drainage District in Arizona. Requires the Secretary to continue to deliver water to the District under the terms of a current consolidated contract.
Directs the Secretary to report to specified congressional committees on the status of such transfer, any transfer obstacles, and the anticipated transfer completion date. | To authorize and direct the Secretary of the Interior to convey certain works, facilities, and titles of the Gila Project, and Designated Lands within or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation and Drainage District, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Medical Education Trust
Fund Act of 1996''.
SEC. 2. TEACHING HOSPITAL AND GRADUATE MEDICAL EDUCATION TRUST FUND.
(a) In General.--The Social Security Act (42 U.S.C. 300 et seq.) is
amended by adding at the end the following title:
``TITLE XXI--TEACHING HOSPITAL AND GRADUATE MEDICAL EDUCATION TRUST
FUND
``Part A--Establishment of Fund
``SEC. 2101. ESTABLISHMENT OF FUND.
``(a) In General.--There is established in the Treasury of the
United States a fund to be known as the Teaching Hospital and Graduate
Medical Education Trust Fund (in this title referred to as the `Fund'),
consisting of amounts transferred to the Fund under subsection (c),
amounts appropriated to the Fund pursuant to subsections (d) and
(e)(3), and such gifts and bequests as may be deposited in the Fund
pursuant to subsection (f). Amounts in the Fund are available until
expended.
``(b) Expenditures From Fund.--Amounts in the Fund are available to
the Secretary for making payments under section 2111.
``(c) Transfers to Fund.--
``(1) In general.--From the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, the Secretary shall, for fiscal year 1998 and each
subsequent fiscal year, transfer to the Fund an amount
determined by the Secretary for the fiscal year involved in
accordance with paragraph (2).
``(2) Determination of amounts.--For purposes of paragraph
(1), the amount determined under this paragraph for a fiscal
year is an estimate by the Secretary of an amount equal to 75
percent of the difference between--
``(A) the nationwide total of the amounts that
would have been paid under section 1876 during the year
but for the operation of subsection (a)(1)(C)(ii)(II)
of such section; and
``(B) the nationwide total of the amounts paid
under such section during the year.
``(3) Allocation between medicare trust funds.--In
providing for a transfer under paragraph (1) for a fiscal year,
the Secretary shall provide for an allocation of the amounts
involved between part A and part B of title XVIII (and the
trust funds established under the respective parts) as
reasonably reflects the proportion of payments for the indirect
costs of medical education and direct graduate medical
education costs of hospitals associated with the provision of
services under each respective part.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary for each of the
fiscal years 1997 through 2003.
``(e) Investment.--
``(1) In general.--The Secretary of the Treasury shall
invest such amounts of the Fund as such Secretary determines
are not required to meet current withdrawals from the Fund.
Such investments may be made only in interest-bearing
obligations of the United States. For such purpose, such
obligations may be acquired on original issue at the issue
price, or by purchase of outstanding obligations at the market
price.
``(2) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(3) Availability of income.--Any interest derived from
obligations acquired by the Fund, and proceeds from any sale or
redemption of such obligations, are hereby appropriated to the
Fund.
``(f) Acceptance of Gifts and Bequests.--The Fund may accept on
behalf of the United States money gifts and bequests made
unconditionally to the Fund for the benefit of the Fund or any activity
financed through the Fund.
``Part B--Payments to Teaching Hospitals
``SEC. 2111. FORMULA PAYMENTS TO TEACHING HOSPITALS.
``(a) In General.--In the case of each teaching hospital that in
accordance with subsection (b) submits to the Secretary a payment
document for fiscal year 1997 or any subsequent fiscal year, the
Secretary shall make payments for the year to the teaching hospital for
the direct and indirect costs of operating approved medical residency
training programs. Such payments shall be made from the Fund, and shall
be made in accordance with a formula established by the Secretary.
``(b) Payment Document.--For purposes of subsection (a), a payment
document is a document containing such information as may be necessary
for the Secretary to make payments under such subsection to a teaching
hospital for a fiscal year. The document is submitted in accordance
with this subsection if the document is submitted not later than the
date specified by the Secretary, and the document is in such form and
is made in such manner as the Secretary may require. The Secretary may
require that information under this subsection be submitted to the
Secretary in periodic reports.''.
(b) Adjustments in Medicare Payments.--
(1) Removal of medical education and disproportionate share
hospital payments from calculation of adjusted average per
capita cost.--Section 1876(a)(1)(C) of such Act (42 U.S.C.
1395mm(a)(1)(C)) is amended--
(A) by striking ``(C) The annual'' and inserting
``(C)(i) Subject to clause (ii), the annual'', and
(B) by adding at the end the following new clause:
``(ii) In determining the average annual per capita rate of payment
for a year (beginning with 1998), such rate shall be determined as
though the Secretary had excluded from such rate any amounts which the
Secretary estimated would have been payable under this title during the
year for--
``(I) payment adjustments under section 1886(d)(5)(F) for
hospitals serving a disproportionate share of low-income
patients; and
``(II) the indirect costs of medical education under
section 1886(d)(5)(B) or for direct graduate medical education
costs under section 1886(h).''.
(2) Payments to hospitals of amounts attributable to dsh.--
Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(j)(1) In addition to amounts paid under subsection (d)(5)(F),
the Secretary is authorized to pay hospitals which are eligible for
such payments for a fiscal year (beginning with fiscal year 1998)
supplemental amounts that do not exceed the limit provided for in
paragraph (2).
``(2) The sum of the aggregate amounts paid pursuant to paragraph
(1) for a fiscal year shall not exceed the Secretary's estimate of 75
percent of the amount of reductions in payments under section 1876 that
are attributable to the operation of subsection (a)(1)(C)(ii)(I) of
such section during such fiscal year.''.
SEC. 3. NATIONAL ADVISORY COUNCIL ON POSTGRADUATE MEDICAL EDUCATION.
(a) In General.--There is established within the Department of
Health and Human Services an advisory council to be known as the
National Advisory Council on Postgraduate Medical Education (in this
section referred to as the ``Council'').
(b) Duties.--The Council shall provide advice to the Secretary on
appropriate policies for making payments for the support of
postgraduate medical education in order to assure an adequate supply of
physicians trained in various specialities, consistent with the health
care needs of the United States.
(c) Composition.--
(1) In general.--The Secretary shall appoint to the Council
15 individuals who are not officers or employees of the United
States. Such individuals shall include not less than 1
individual from each of the following categories of individuals
or entities:
(A) Organizations representing consumers of health
care services.
(B) Physicians who are faculty members of medical
schools, or who supervise approved physician training
programs.
(C) Physicians in private practice who are not
physicians described in subparagraph (B).
(D) Practitioners in public health.
(E) Advanced-practice nurses.
(F) Other health professionals who are not
physicians.
(G) Medical schools.
(I) Teaching hospitals.
(J) The Accreditation Council on Graduate Medical
Education.
(K) The American Board of Medical Specialities.
(L) The Council on Postdoctoral Training of the
American Osteopathic Association.
(M) The Council on Podiatric Medical Education of
the American Podiatric Medical Association.
(2) Requirements regarding representative membership.--To
the greatest extent feasible, the membership of the Council
shall represent the various geographic regions of the United
States, shall reflect the racial, ethnic, and gender
composition of the population of the United States, and shall
be broadly representative of medical schools and teaching
hospitals in the United States.
(3) Ex officio members; other federal officers or
employees.--The membership of the Council shall include
individuals designated by the Secretary to serve as members of
the Council from among Federal officers or employees who are
appointed by the President, or by the Secretary (or by other
Federal officers who are appointed by the President with the
advice and consent of the Senate). Individuals designated under
the preceding sentence shall include each of the following
officials (or a designee of the official):
(A) The Secretary of Health and Human Services.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(d) Chair.--The Secretary shall, from among members of the Council
appointed under subsection (c)(1), designate an individual to serve as
the chair of the Council.
(e) Termination.--The Council terminates December 31, 2000. | Graduate Medical Education Trust Fund Act of 1996 - Amends the Social Security Act (SSA) to add a new title XXI (Teaching Hospital and Graduate Medical Education Trust Fund), which establishes in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for formula payments to teaching hospitals for the direct and indirect costs of operating approved medical residency training programs. Authorizes appropriations.
Provides for certain adjustments in Medicare payments under SSA title XVIII, removing medical education and disproportionate share hospital payments from calculation of adjusted average per capita cost.
Establishes within the Department of Health and Human Services a National Advisory Council on Postgraduate Medical Education to advise the Secretary on appropriate policies for making postgraduate medical education support payments in order to assure an adequate supply of physicians trained in various specialties, consistent with the health care needs of the United States. | Graduate Medical Education Trust Fund Act of 1996 |
SECTION 1. EXPANSION OF TRANSIT OPERATING ASSISTANCE GRANT PROGRAM.
Section 5307(b) of title 49, United States Code, is amended as
follows:
(1) In paragraph (1)--
(A) in subparagraph (D), by inserting ``, or an
urbanized area with a population of at least 200,000 if
the State or regional authority providing public
transportation for the area operates less than 100
buses in fixed-route service in the area during peak
service hours'' after ``200,000'';
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (J) and (K), respectively; and
(C) by inserting after subparagraph (D) the
following new subparagraphs:
``(E) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 200,000 or more, but not more than
400,000, if the State or regional authority providing
public transportation for the area operates at least
100 buses in fixed-route service in the area during
peak service hours;
``(F) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 400,000 or more, but not more than
600,000;
``(G) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 600,000 or more, but not more than
800,000;
``(H) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 800,000 or more, but not more than
1,000,000;
``(I) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 1,000,000 or more;''.
(2) By redesignating paragraph (2) as paragraph (3).
(3) By inserting the following new paragraph:
``(2) Limitations on certain grants established under
paragraph (1).--
``(A) With respect to a grant made under paragraph
(1)(E), not more than 50 percent of the funds available
to carry out this section shall be made available for
such grant.
``(B) With respect to a grant made under paragraph
(1)(F), not more than 45 percent of the funds available
to carry out this section shall be made available for
such grant.
``(C) With respect to a grant made under paragraph
(1)(G), not more than 40 percent of the funds available
to carry out this section shall be made available for
such grant.
``(D) With respect to a grant made under paragraph
(1)(H), not more than 35 percent of the funds available
to carry out this section shall be made available for
such grant.
``(E) With respect to a grant made under paragraph
(1)(I), not more than 30 percent of the funds available
to carry out this section shall be made available for
such grant.''.
(4) By amending paragraph (3) to read as follows:
``(3) Conditional use of funds in an urbanized area with a
population of at least 200,000.--
``(A) In addition to the grants available under
subparagraphs (D), (E), (F), (G), (H), (I), (J), and
(K) of paragraph (1), the Secretary may award grants,
from funds made available to carry out this section for
each of the fiscal years 2010 through 2015, to finance
the operating cost of equipment and facilities for use
in public transportation in an urbanized area with a
population of at least 200,000, if the designated
recipient's percentage of revenue for the operating
cost of equipment and facilities for use in public
transportation from non-Federal sources, excluding
farebox revenue, is greater than such revenue from the
previous fiscal year. The amount available for a grant
under this paragraph shall not exceed the percentage of
such increase.
``(B) In addition to the grants made available
under subparagraphs (D), (E), (F), (G), (H), (I), (J),
and (K) of paragraph (1) and subparagraph (A) of this
paragraph, the Secretary may award grants, from funds
made available to carry out this section for each of
the fiscal years 2010 through 2015, to finance the
operating cost of equipment and facilities for use in
public transportation in an urbanized area with a
population of 200,000 or more, if the designated
recipient was awarded a grant under the Transit
Investments for Greenhouse Gas and Energy Reduction
program, authorized under the American Recovery and
Reinvestment Act of 2009 (Public Law 111-105; 123 Stat.
209), and demonstrates that such recipient has
achieved--
``(i) a minimum 10 percent total energy
savings as a result of the project funded by
the Transit Investments for Greenhouse Gas and
Energy Reduction grant;
``(ii) a minimum 10 percent energy savings
as a percentage of the total energy usage of
the public transit agency as a result of the
project; or
``(iii) a minimum 10 percent total
greenhouse gas emission reduction as a result
of the project.
``(C) Not less than 10 percent of the funds
available to carry out this section shall be made
available for the grants under subparagraph (B).''. | Expands the urbanized area formula grants program to include public transit projects: (1) in urbanized areas with a population of at least 200,000, and urbanized areas with a population of between 200,000 and 400,000, if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours; and (2) in urbanized areas with graduated populations of between 400,000 and capping out at 1 million or more. Establishes certain grant limits for such projects.
Revises grant eligibility requirements for FY2010-FY2015 for such projects in urbanized areas with a population of at least 200,000. | To amend title 49, United States Code, to allow for additional transportation assistance grants. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service Study Act of
2012''.
SEC. 2. SPECIAL RESOURCE STUDIES.
(a) Study.--The Secretary of the Interior (referred to in this Act
as the ``Secretary'') shall conduct special resource studies of--
(1) the Kau Coast, on the island of Hawaii;
(2) on request of the Government of the Commonwealth of the
Northern Mariana Islands, the island of Rota in the
Commonwealth of the Northern Mariana Islands;
(3)(A) sites in the State of Alaska associated with the
forced abandonment of the Aleut villages of Makushin, Kashega,
and Biorka around Unalaska Island, and Attu on Attu Island
during World War II; and
(B) the 5 relocation sites in the State of Alaska at Funter
Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell
Institute;
(4) World War II Japanese American Relocation Center sites,
including--
(A) Gila River and Poston sites in the State of
Arizona;
(B) Grenada in the State of Colorado;
(C) Heart Mountain in the State of Wyoming;
(D) Jerome and Rohwer sites in the State of
Arkansas; and
(E) Topaz in the State of Utah;
(5) American Latino Sites in the San Luis Valley and
Central Sangre de Cristo Mountains in the States of Colorado
and New Mexico;
(6) the town of Goldfield and outlying mining sites in the
State of Nevada;
(7) the Hudson River Valley in the State of New York;
(8) the Norman Studios in Jacksonville, Florida, at which
African-American casts and crews were used in the production of
silent films;
(9) the Mobile-Tensaw River Delta in the State of Alabama;
and
(10) Galveston Bay in the State of Texas.
(b) Contents.--In conducting the studies under subsection (a), the
Secretary shall--
(1) evaluate the national significance of--
(A) the sites; and
(B) the areas surrounding the sites;
(2) determine the suitability and feasibility of
designating 1 or more of the sites as units of the National
Park System;
(3) consider other alternatives for preservation,
protection, and interpretation of the sites by the Federal,
State or local governmental entities or private and nonprofit
organizations;
(4) consult with interested Federal, State, or local
governmental entities, private and nonprofit organizations, or
any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(3).
(c) Applicable Law.--The studies required under subsection (a)
shall be conducted in accordance with section 8 of the National Park
System General Authorities Act (16 U.S.C. 1a-5).
SEC. 3. SPECIAL RESOURCE STUDY UPDATES.
(a) Studies.--The Secretary shall update the following studies:
(1) The study authorized by section 326(b)(3)(N) of the
National Park Service Studies Act of 1999 (as enacted in title
III of Appendix C of Public Law 106-113; 113 Stat. 1501A-195)
relating to World War II Sites, Republic of Palau.
(2) The 1979 study entitled ``Vermejo Ranch, New Mexico/
Colorado: Study of Management Options''.
(b) Contents.--In updating the studies under subsection (a), the
Secretary shall--
(1) determine whether conditions have changed to justify
designation of the site as a unit of the National Park System;
(2) consider other alternatives for preservation,
protection, and interpretation of the site by Federal, State,
or local governmental entities or private and nonprofit
organizations;
(3) consult with other interested Federal, State, or local
governmental entities, private and nonprofit organizations, or
any other interested individuals; and
(4) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(2).
SEC. 4. BUFFALO SOLDIERS IN THE NATIONAL PARKS STUDY.
(a) Study.--The Secretary shall conduct a study of alternatives for
commemorating and interpreting the role of the Buffalo Soldiers in the
early years of the National Parks.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) complete a historical assessment of the Buffalo
Soldiers that served in National Parks in the years before the
establishment of the National Park Service;
(2) evaluate the suitability and feasibility of
establishing a national historic trail commemorating the route
traveled by the Buffalo Soldiers from the post of the Buffalo
Soldiers in the Presidio of San Francisco to Sequoia and
Yosemite National Parks and any other National Parks at which
the Buffalo Soldiers may have served;
(3) identify properties relating to the Buffalo Soldiers
that could satisfy--
(A) the criteria for listing in the National
Register of Historic Places; or
(B) the criteria for designation as a National
Historic Landmark; and
(4) evaluate appropriate ways to enhance historical
research, education, interpretation, and public awareness of
the story of the stewardship role of the Buffalo Soldiers in
the National Parks, including ways to link the story to the
development of National Parks and the story of African-American
military service following the Civil War.
SEC. 5. RECONSTRUCTION IN THE SOUTH STUDY THEME STUDY.
(a) Study.--The Secretary shall conduct a national historic
landmark theme study (referred to in this section as the ``theme
study'') to identify sites and resources in the southern United States
that are significant to the Reconstruction era.
(b) Contents.--The theme study shall include recommendations for
commemorating and interpreting sites and resources identified by the
theme study, including recommendations for--
(1) sites for which new national historic landmarks should
be nominated; and
(2) sites for which further study for potential inclusion
in the National Park System is needed.
SEC. 6. CHATTAHOOCHEE RIVER BOUNDARY EXPANSION STUDY.
(a) Study.--The Secretary shall conduct a study to determine the
suitability and feasibility of including in the boundary of the
Chattahoochee River National Recreation Area (referred to in this
section as the ``recreation area'') approximately 45 miles of the
Chattahoochee River and land along the river corridor from the southern
boundary of the recreation area south to the junction of Coweta, Heard,
and Carroll Counties (referred to in this section as the ``study
area'').
(b) Contents.--The study authorized under this section shall
include an analysis of--
(1) significant resources or opportunities for public
enjoyment within the study area relating to the purposes of the
recreation area;
(2) operational and management issues that need to be
considered if the study area is included within the recreation
area;
(3) protection of resources within the study area critical
to fulfilling the purposes of the recreation area;
(4) the feasibility of administering the study area as part
of the recreation area, taking into account--
(A) the size, configuration, and ownership of the
study area;
(B) costs relating to the administration of the
study area; and
(C) any other factors that the Secretary determines
to be appropriate; and
(5) the adequacy of other alternatives for management and
protection of resources within the study area.
SEC. 7. REPORT.
Not later than 3 years after the date on which funds are first made
available for each study authorized under this Act, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the results of the applicable study; and
(2) any conclusions and recommendations of the Secretary
with respect to the area studied.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | National Park Service Study Act of 2012 - Directs the Secretary of the Interior to conduct special resource studies of: (1) the Kau coast, on the island of Hawaii; (2) on request, the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island and Attu on Attu Island during World War II; (4) the five relocation sites in Alaska at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake and the Wrangell Institute; (5) specified World War II Japanese American Relocation Center sites; (6) American Latino sites in the San Luis Valley and Central Sangre de Cristo Mountains in Colorado and New Mexico; (7) the town of Goldfield and outlying mining sites in Nevada; (8) the Hudson River Valley in New York; (9) the Norman Studios in Jacksonville, Florida, at which African-American casts and crews were used in the production of silent films; (10) the Mobile-Tensaw River Delta in Alabama; and (11) Galveston Bay in Texas.
Requires updates of: (1) the study authorized by the National Park Service Studies Act of 1999 relating to World War II sites, Republic of Palau; and (2) the 1979 study entitled "Vermejo Ranch, New Mexico/Colorado: Study of Management Options."
Directs the Secretary to: (1) study alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, (2) conduct a national historic landmark theme study to identify sites and resources in the southern United States that are significant to the Reconstruction era, and (3) study the feasibility of including 45 miles of the Chattahoochee River and land along the river corridor within the boundary of the Chattahoochee River National Recreation Area located in Georgia. | A bill to authorize studies of certain areas for possible inclusion in the National Park System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep the Colorado River Clean Act''.
SEC. 2. TRANSFER OF OIL SHALE RESERVE.
Section 3405 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended to read as
follows:
``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUM-
BERED 2.
``(a) Definitions.--For purposes of this section:
``(1) The term `NOSR-2' means Oil Shale Reserve Numbered 2,
as identified on a map on file in the Office of the Secretary
of the Interior.
``(2) The term `Tribe' means the Ute Indian Tribe of the
Uintah and Ouray Indian Reservation.
``(b) Conveyance.--The United States hereby conveys to the Tribe,
subject to valid existing rights in effect on the day before the
enactment of this section, all Federal lands within the exterior
boundaries of NOSR-2 in fee simple, both surface and mineral rights,
without retaining any management authority over the conveyed lands or
tribal activities thereon, but reserving to the United States each of
the following:
``(1) A 9 percent royalty interest in the value of any oil,
gas, other hydrocarbons, and all other minerals produced,
saved, and sold, from the conveyed lands, the payments to be
made by the Tribe or its designee to the Secretary of Energy
when produced, saved, or sold during the period minerals are
being extracted.
``(2) That portion of the bed of Green River contained
entirely within NOSR-2 as depicted on the map entitled
`Boundary Map, ...........'', numbered ____, and dated ____.
The map shall be on file and available for public inspection in
the offices of the Department of the Interior.
``(3) The lands, including surface and mineral rights, to
the west of the Green River within NOSR-2, as depicted on the
map referred to in paragraph (2).
``(4) A \1/4\ mile scenic easement on the east side of the
Green River within NOSR-2. Such easement shall not affect the
right of the Tribe to obtain, use, and maintain access to, the
river through the use of the existing road within the easement
(as depicted on the map referred to in paragraph (2)).
The lands conveyed to the Tribe under this subsection shall not revert
to the United States for management in trust status.
``(c) Withdrawals.--All existing withdrawals on NOSR-2 are hereby
revoked.
``(d) Administration of Reserved Lands, Interests in Lands.--The
Secretary of the Interior shall administer the lands and interests in
lands reserved from conveyance in subsection (b)(2) and (3) of this
section under the Federal Land Policy and Management Act and shall
prepare and submit to Congress a land use plan for the management of
these lands and interests in lands within three years after the
enactment of this subsection. There is authorized to the Secretary of
the Interior such sums as may be necessary to carry out this
subsection.
``(e) Royalty.--
``(1) Payment of royalty.--The Tribe shall pay the royalty
interest reserved from conveyance in subsection (b)(1) of this
section free of all development, production, marketing, and
operating expenses. The United States shall bear and pay gross
production taxes, pipeline taxes, and allocation taxes assessed
against the gross production.
``(2) Reports.--The Tribe shall report annually to the
Secretary of Energy and to Congress on its resource development
and other activities concerning the property transferred.
``(3) Financial audit.--The Tribe shall submit every 5
years to a financial audit, conducted in accordance with
generally accepted accounting practices, of its resource
development activities concerning the property transferred,
with the first audit taking place 5 years after the date of
transfer and the results of each audit being included in the next
annual report after completion of the audit.
``(f) River Management.--The Tribe shall manage, fully under Tribal
jurisdiction and pursuant to ordinances adopted by the Tribe, its lands
adjacent to, and within \1/4\ mile of, the Green River in a protected
status and in a manner consistent with the provisions contained in a
government-to-government agreement and in the memorandum of
understanding entitled memorandum of understanding dated February 11,
2000, as agreed to by the Tribe and the Secretary of the Interior. Such
ordinances adopted by the Tribe shall not impair, limit, or otherwise
restrict the management and use of other lands adjacent to the Green
River that are not under or subject to the Tribe's jurisdiction or
control. The ordinances adopted by the Tribe and referenced in the
government-to-government agreement may not be repealed or amended
without the written approval of both the Tribe and the Secretary of the
Interior.
``(g) Plant Species.--The Tribe shall protect, pursuant to
ordinances adopted by the Tribe, any plant species listed by the
Federal Government as endangered or threatened that is located on or
found on the NOSR-2 lands conveyed to the Tribe in a manner consistent
with the then current levels of legal protection, and this protection
shall be performed fully under tribal jurisdiction and in accordance
with a government-to-government agreement between the Tribe and the
Secretary of the Interior.
``(h) Horses.--The Tribe shall manage the horses not owned by the
Tribe or tribal members that are located or found on the NOSR-2 lands
conveyed to the Tribe in a manner consistent with then current Federal
protections granted such animals: Provided, That the management,
control, and protection of such horses will be performed fully under
tribal jurisdiction and in accordance with a government-to-government
agreement between the Tribe and the Secretary of the Interior.
``(i) Remedial Action at Site Near Moab.--(1) Within one year after
the enactment of this subsection, the Secretary of Energy shall prepare
a plan to commence, within one year following preparation of the plan,
remedial action, including groundwater restoration, at the uranium
milling site near Moab, Utah, in accordance with section 102(a)(4) of
the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C.
7912(a)), as amended by section 3 of this Act. The Secretary shall
limit the amounts expended in carrying out this remedical action to
amounts specifically appropriated for the remedial action in an
appropriations Act and other amounts available for that purpose under
this subsection.
``(2) The Secretary of Energy shall retain the amounts received as
royalties under subsection (e)(1) of 3405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note), and such amounts shall be available, without further
appropriation to carry out the remedial action referred to in paragraph
(1). Upon completion of such remedial action, all such royalty amounts
shall be deposited in the General Fund of the Treasury. There are
authorized to be appropriated to the Secretary of Energy to carry out
the remedial action referred to in paragraph (1) such additional sums
as may be necessary.
``(3) If the uranium milling site referred to in paragraph (1) is
sold after the Secretary of Energy's remedial action referred to in
paragraph (1) is completed, the seller shall transfer to the Secretary
of Energy, for deposit into the miscellaneous receipts account of the
Treasury, the portion of the sale price that the Secretary determines
results from the enhancement of the value of the site attributable to
the remedial action. The Secretary's determination shall be based upon
appraisals conducted at the completion of the remedial action. The
property shall be appraised at its fair market value as of the date of
enactment of this action, based on available information, and its fair
market value at the completion of the remedial action. The difference
between such appraisals shall be the enhancement of the value of the
site resulting attributable to the remedial action.''.
SEC. 3. URANIUM MILL TAILINGS.
Section 102(a) of the Uranium Mill Tailings Radiation Control Act
of 1978 (42 U.S.C. 7912(a)) is amended by inserting the following new
paragraph after paragraph (3):
``(4) Notwithstanding any other provision of law, the Moab uranium
milling site (hereafter referred to as the `Moab Site') located
approximately 3 miles northwest of Moab, Utah, and identified in the
Final Environmental Impact Statement issued by the Nuclear Regulatory
Commission in March 1996, in conjunction with Source Material License
No. SUA 917, is designated as a processing site. This title applies to
the Moab Site in the same manner and to the same extent as to other
processing sites designated under this subsection, except that--
``(A) sections 103, 107(a), 112(a), and 115(a) of this
title shall not apply;
``(B) a reference in this title to the date of the
enactment of this Act shall be treated as a reference to the
date of enactment of this paragraph; and
``(C) the Secretary, subject to appropriations and without
regard to section 104(b) of this title, shall conduct
remediation, including groundwater restoration and removal of
residual radioactive material and other contaminated material
from the Moab Site and from the floodplain of the Colorado
River for permanent disposition and stabilization of residual
radioactive material in a safe and environmentally sound manner
at a site in the State of Utah.''.
SEC. 4. CONFORMING AMENDMENT.
Section 3406 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting
after subsection (e) the following new subsection:
``(f) Oil Shale Reserve No. 2.--This section does not apply to the
transfer of Oil Shale Reserve Numbered 2 under section 3405.''. | Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status.
Revokes all existing withdrawals on NOSR-2.
Directs the Secretary of the Interior to administer the lands and interests in lands reserved from such conveyance and to prepare and submit to Congress a land use plan for the management of these lands and interests in lands within three years after the enactment of this Act. Authorizes appropriations.
Provides for the Tribe to pay the royalty interest reserved from conveyance free of all development, production, marketing, and operating expenses. Requires the United States to bear and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production.
Requires the Tribe to: (1) report annually to the Secretary and Congress on its resource development and other activities concerning the property transferred; and (2) submit every five years to a financial audit of such activities, with the first audit taking place five years after the date of transfer and the results of each audit being included in the next annual report after completion.
Requires the Tribe to: (1) manage its lands adjacent to and within a 1/4 mile of the Green River in a protected status and in a manner consistent with the provisions contained in a government-to-government agreement and a specified memorandum of understanding as agreed to by the Tribe and the Secretary of the Interior; (2) protect any plant species listed as endangered or threatened that is located on the NOSR-2 lands conveyed to the Tribe in a manner consistent with the then current levels of legal protection, and this protection to be performed fully under tribal jurisdiction and in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior; and (3) manage the horses not owned by the Tribe or tribal members that are located or found on such lands in a manner consistent with then current Federal protections granted such animals, provided that the management, control, and protection of such horses will be performed fully under tribal jurisdiction and in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior.
Requires the Secretary to: (1) prepare a plan to commence, within one year following preparation of such plan, remedial action, including groundwater restoration, at the uranium milling site near Moab, Utah; and (2) retain the amounts received as royalties under this Act (and such amounts shall be available to carry out such remedial action). Requires upon completion of such remedial action all such royalty amounts to be deposited in the general fund of the Treasury. Authorizes appropriations.
Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate the Moab uranium milling site as a processing site, with specified exceptions. | Keep the Colorado River Clean Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waste-to-Energy Technology Act of
2010''.
SEC. 2. INVESTMENT TAX CREDIT FOR WASTE TO ENERGY FACILITIES.
(a) 30 Percent Energy Percentage.--Clause (i) of section
48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of subparagraph (III) and by inserting after
subparagraph (IV) the following new subparagraph:
``(E) qualified waste-to-energy property, and''.
(b) Energy Property.--Subparagraph (A) of section 48(a)(3) of such
Code is amended by striking ``or'' at the end of clause (vi), by
inserting ``or'' at the end of clause (vii), and by inserting after
clause (vii) the following new clause:
``(viii) qualified waste-to-energy
property,''.
(c) Qualified Waste-to-Energy Property Defined.--Subsection (c) of
section 48 of such Code is amended by adding at the end the following
new paragraph:
``(5) Qualified waste-to-energy property.--
``(A) In general.--The term `qualified waste-to-
energy property' means property comprising a system
which--
``(i) uses municipal solid waste or
municipal sewage sludge as the feedstock for
producing solid, liquid, or gas fuel, and
``(ii) is certified by the Secretary under
subparagraph (D)(iii) as eligible for a credit
under this section.
``(B) Exception.--Such term does not include any
landfill facility that recirculates leachate, regrades
landfill surfaces to encourage runoff to infiltrate the
cells, or delays installation of covers longer than 18
months following the cell reaching more than 90 percent
of its final grade.
``(C) Limitation.--The amount allowed as a credit
for a qualified waste-to-energy property shall not
exceed the credit allocation to such project under
subparagraph (D)(ii).
``(D) Competitive allocation of credit.--
``(i) In general.--Not later than 180 days
after the date of enactment of this section,
the Secretary, in consultation with the
Administrator of the Environmental Protection
Agency, shall establish a qualifying waste-to-
energy project program to consider and award
certifications for qualified investments
eligible for credits under this section to
qualifying waste-to-energy project sponsors.
``(ii) Limitation.--The total amount of
credits that may be allocated under the program
shall not exceed $1,000,000,000.
``(iii) Certification.--
``(I) Application period.--An
application for certification under
this paragraph may only be submitted
during the 2-year period beginning on
the date the Secretary establishes the
program under clause (i) and shall
contain such information as the
Secretary may require.
``(II) Time to meet criteria for
certification.--Each applicant for
certification shall have 1 year from
the date of acceptance by the Secretary
of the application during which to
provide to the Secretary evidence that
the requirements of the certification
have been met.
``(iv) Selection criteria.--In determining
which qualifying waste-to-energy projects to
certify under this section, the Secretary--
``(I) shall take into consideration
only those projects where there is a
reasonable expectation of commercial
viability, and
``(II) shall take into
consideration those projects which--
``(aa) use the least amount
of post-consumer materials that
could otherwise enter the
recycling stream,
``(bb) will provide the
greatest net impact in avoiding
or reducing air pollutants or
anthropogenic emissions of
greenhouse gases (including
lifecycle leakage of greenhouse
gases),
``(cc) have the lowest
levelized cost of generated or
stored energy, or of measured
reduction in energy consumption
or greenhouse gas emission
(based on costs of the full
supply chain), and
``(dd) pose the fewest
risks (other than climate
risks) to environmental and
human health.
``(v) Limitation on allocation.--No credit
shall be allocated with respect to any
qualified waste-to-energy property for which
there is no net benefit in cumulative lifecycle
greenhouse gas emissions.
``(vi) Greenhouse gas leakage from
facility.--For purposes of clause
(iv)(II)(bb)--
``(I) In general.--The lifecycle
leakage of greenhouse gases is, on a
integrated basis, the leakage rate
during each phase multiplied by the
proportion of lifetime greenhouse gases
that are released by the facility in
that phase, which shall be based upon
field data where that can be
accomplished.
``(II) Matters included.--Included
in the lifecycle analysis shall be an
accounting of the leakage of greenhouse
gases attendant upon the production of
bio-based energy from the facility.
Such leakage shall be determined over
the longer of the entire lifetime the
facility releases greenhouse gases into
the atmosphere or the time the facility
is capable of doing so by virtue of the
quantity of any residual carbon
remaining after energy production.
Leakage shall be accounted for during
each distinct phase of the facility's
life, including the time before the gas
collection system and the final cover
is installed and the time after funds
previously set aside to maintain the
final cover after the facility is
closed are no longer available. Leakage
shall be counted for the entire time
the facility generates, or is capable
of generating, greenhouse gases.
``(vii) Definitions relating to greenhouse
gas leakage.--For purposes of clause (vi)--
``(I) Leakage.--The term `leakage'
means the portion of the total
greenhouse gases generated by
decomposition of organic discards
disposed of in the facility that are
released into the atmosphere.
``(II) Facility.--A facility refers
not only to the energy-producing
machinery but also to the entire
municipal solid waste landfill unit.
``(III) Phase.--The term `phase'
means one of the time periods when
greenhouse gases are generated at a
facility at distinctly different rates
of generation and rates of gas
collection. For landfill facilities
that produce biogas, the periods are--
``(aa) the time prior to
the installation of active gas
collection systems,
``(bb) the time after the
installation of the systems but
prior to installation of the
final cover,
``(cc) the time after
installation of the final cover
but prior to the time that
maintenance of the cover ends,
and
``(dd) the time after
maintenance of the cover ends.
``(IV) Bio-based energy.--The term
`bio-based energy' means energy
produced from the current decomposition
of plants or animals.
``(V) Integrated basis.--The term
`integrated basis' means first
multiplying the collection efficiency
applicable for each phase of the life
of a landfill facility by the
proportion of the total gas over the
landfill's life that is generated
during that phase, and then summing the
product of the two for each phase to
determine the integrated collection
efficiency that reflects the actual
lifetime collection efficiency.
``(E) Denial of double benefit.--
``(i) In general.--A credit shall not be
allowed under sections 40, 40A, 45, 48B, and
6426 with respect to any fuel produced at a
facility with respect to which a credit is
allowed under this section.
``(ii) Coordination with arra grant.--A
credit shall not be allowed under this section
for any facility if a grant is made under
section 1603 of the American Recovery and
Reinvestment Act with respect to such
facility.''.
(d) Conforming Amendment.--Subsection (e) of section 45 of such
Code is amended by adding at the end the following new paragraph:
``(12) Coordination with energy credit for qualified waste-
to-energy property.--The term `qualified facility' shall not
include any facility which produces electricity from solid,
gas, or liquid fuel produced by qualified waste-to-energy
property (as defined in section 48(c)(5)) if a credit is
determined under section 48 with respect to such property for
the taxable year or any prior taxable year.''.
(e) Report.--After the Secretary of the Treasury, in consultation
with the Administrator of the Environmental Protection Agency, has made
all of the credit allocation under section 48(c)(5) of the Internal
Revenue Code of 1986 (as added by subsection (a)), the Secretary, in
consultation with the Administrator, shall submit to Congress a report
on the recipients of the energy credit for qualified waste-to-energy
property under section 48 of such Code and the effectiveness of the
selection criteria under section 48(c)(5)(D)(iv) of such Code in
selecting waste-to-energy projects these projects. The report shall
also include recommendations (if any) for continuing the waste-to-
energy credit under section 48(c) of such Code and, if so, at what
dollar amount. The Secretary shall, upon making a certification of such
credit under section 48(c)(5)(D)(iii) of such Code, publicly disclose
the identity of the applicant and the amount of the credit with respect
to such applicant.
(f) Effective Date.--The amendments made by this section shall
apply to facilities placed in service in periods after the date of the
enactment of this Act, in taxable years ending after such date, 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). | Waste-to-Energy Technology Act of 2010 - Amends the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified waste-to-energy property. Defines "qualified waste-to-energy property" as property comprising a system that uses municipal solid waste or sewage sludge as the feedstock for producing solid, liquid, or gas fuel, and that is certified by the Secretary of the Treasury as eligible for a credit under this Act. Excludes certain landfill facilities from such definition.
Requires the Secretary to establish criteria for awarding certifications for waste-to-energy projects, which shall include: (1) the commercial viability of such projects; (2) whether such projects will provide the greatest net impact in avoiding or reducing air pollutants or anthropogenic emissions of greenhouse gases; and (3) whether such projects pose the fewest risks (other than climate risks) to environmental and human health. | To amend the Internal Revenue Code of 1986 to provide for an investment tax credit for waste-to-energy facilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Drinking Water Assistance
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drinking water standards proposed and in effect as of
the date of enactment of this Act will place a large financial
burden on many public water systems, especially those public
water systems in rural communities serving small populations;
(2) the limited scientific, technical, and professional
resources available in small communities complicate the
implementation of regulatory requirements;
(3) small communities often cannot afford to meet water
quality standards because of the expenses associated with
upgrading public water systems and training personnel to
operate and maintain the public water systems;
(4) small communities do not have a tax base for dealing
with the costs of upgrading their public water systems;
(5) small communities face high per capita costs in
improving drinking water quality;
(6) small communities would greatly benefit from a grant
program designed to provide funding for water quality projects;
(7) as of the date of enactment of this Act, there is no
Federal program in effect that adequately meets the needs of
small, primarily rural communities with respect to public water
systems; and
(8) since new, more protective arsenic drinking water
standards proposed by the Clinton and Bush administrations,
respectively, are expected to be implemented in 2006, the grant
program established by the amendment made by this Act should be
implemented in a manner that ensures that the implementation of
those new standards is not delayed.
SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.
(a) Definition of Indian Tribe.--Section 1401(14) of the Safe
Drinking Water Act (42 U.S.C. 300f(14)) is amended in the second
sentence by striking ``1452,'' and inserting ``1452 and part G,''.
(b) Establishment of Program.--The Safe Drinking Water Act (42
U.S.C. 300f et seq.) is amended by adding at the end the following:
``PART G--ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS
``SEC. 1471. DEFINITIONS.
``In this part:
``(1) Eligible activity.--
``(A) In general.--The term `eligible activity'
means a project or activity concerning a small public
water system that is carried out by an eligible entity
to comply with drinking water standards.
``(B) Inclusions.--The term `eligible activity'
includes--
``(i) obtaining technical assistance; and
``(ii) training and certifying operators of
small public water systems.
``(C) Exclusion.--The term `eligible activity' does
not include any project or activity to increase the
population served by a small public water system,
except to the extent that the Administrator determines
such a project or activity to be necessary to--
``(i) achieve compliance with a national
primary drinking water regulation; and
``(ii) provide a water supply to a
population that, as of the date of enactment of
this part, is not served by a safe public water
system.
``(2) Eligible entity.--The term `eligible entity' means a
small public water system that--
``(A) is located in a State or an area governed by
an Indian Tribe; and
``(B)(i) if located in a State, serves a community
that, under affordability criteria established by the
State under section 1452(d)(3), is determined by the
State to be--
``(I) a disadvantaged community; or
``(II) a community that may become a
disadvantaged community as a result of carrying
out an eligible activity; or
``(ii) if located in an area governed by an Indian
Tribe, serves a community that is determined by the
Administrator, under affordability criteria published
by the Administrator under section 1452(d)(3) and in
consultation with the Secretary, to be--
``(I) a disadvantaged community; or
``(II) a community that the Administrator
expects to become a disadvantaged community as
a result of carrying out an eligible activity.
``(3) Program.--The term `Program' means the small public
water assistance program established under section 1472(a).
``(4) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Director of
the Indian Health Service.
``(5) Small public water system.--The term `small public
water system' means a public water system (including a
community water system and a noncommunity water system) that
serves--
``(A) a community having a population of not more
than 200,000; or
``(B) the city of Albuquerque, New Mexico.
``SEC. 1472. SMALL PUBLIC WATER SYSTEM ASSISTANCE PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this part, the Administrator shall establish a
program to provide grants to eligible entities for use in
carrying out projects and activities to comply with drinking
water standards.
``(2) Priority.--The Administrator shall award grants under
the Program to eligible entities based on--
``(A) first, the financial need of the community
for the grant assistance, as determined by the
Administrator; and
``(B) second, with respect to the community in
which the eligible entity is located, the per capita
cost of complying with drinking water standards, as
determined by the Administrator.
``(b) Application Process.--
``(1) In general.--An eligible entity that seeks to receive
a grant under the Program shall submit to the Administrator, on
such form as the Administrator shall prescribe (not to exceed 3
pages in length), an application to receive the grant.
``(2) Components.--The application shall include--
``(A) a description of the eligible activities for
which the grant is needed;
``(B) a description of the efforts made by the
eligible entity, as of the date of submission of the
application, to comply with drinking water standards;
and
``(C) any other information required to be included
by the Administrator.
``(3) Review and approval of applications.--
``(A) In general.--On receipt of an application
under paragraph (1), the Administrator shall forward
the application to the Council.
``(B) Approval or disapproval.--Not later than 90
days after receiving the recommendations of the Council
under subsection (e) concerning an application, after
taking into consideration the recommendations, the
Administrator shall--
``(i) approve the application and award a
grant to the applicant; or
``(ii) disapprove the application.
``(C) Resubmission.--If the Administrator
disapproves an application under subparagraph (B)(ii),
the Administrator shall--
``(i) inform the applicant in writing of
the disapproval (including the reasons for the
disapproval); and
``(ii) provide to the applicant a deadline
by which the applicant may revise and resubmit
the application.
``(c) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under the Program shall not
exceed 90 percent.
``(2) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an
eligible activity using funds from a grant provided under the
Program if the Administrator determines that an eligible entity
is unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.
``(d) Enforcement and Implementation of Standards.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall not enforce any standard for drinking water
under this Act (including a regulation promulgated under this
Act) against an eligible entity during the period beginning on
the date on which the eligible entity submits an application
for a grant under the Program and ending, as applicable, on--
``(A) the deadline specified in subsection
(b)(3)(C)(ii), if the application is disapproved and
not resubmitted; or
``(B) the date that is 3 years after the date on
which the eligible entity receives a grant under this
part, if the application is approved.
``(2) Arsenic standards.--No standard for arsenic in
drinking water promulgated under this Act (including a standard
in any regulation promulgated before the date of enactment of
this part) shall be implemented or enforced by the
Administrator in any State until the earlier of January 1, 2006
or such date as the Administrator certifies to Congress that--
``(A) the Program has been implemented in the
State; and
``(B) the State has made substantial progress, as
determined by the Administrator in consultation with
the Governor of the State, in complying with drinking
water standards under this Act.
``(e) Role of Council.--The Council shall--
``(1) review applications for grants from eligible entities
received by the Administrator under subsection (b); and
``(2) for each application, recommend to the Administrator
whether the application should be approved or disapproved.
``SEC. 1473. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$1,900,000,000 for the period of fiscal years 2001 through 2006.''. | Community Drinking Water Assistance Act - Amends the Safe Drinking Water Act to establish a program of grants to small public water systems located in disadvantaged communities (or those that may become disadvantaged as a result of compliance with drinking water standards) for use in carrying out projects and activities to comply with such standards.Provides temporary relief from enforcement by the Administrator of the Environmental Protection Agency of drinking water standards for such systems during and after the grant application process.Delays implementation or enforcement by the Administrator of an arsenic standard in any State until the earlier of January 1, 2006, or the date on which the Administrator certifies that the program has been implemented in that State and the State has made substantial progress in drinking water standards compliance. | To amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Enhancement
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As noted in the 2006 Institute of Medicine report,
``The Future of Emergency Care'', the availability of on-call
specialists is an acute problem in emergency departments and
trauma centers requiring attention to identified barriers such
as liability reform.
(2) Also acknowledged in the 2006 IOM report, emergency and
trauma care is delivered in an inherently challenging
environment, often requiring emergency physicians and trauma
surgeons to make life-and-death decisions with little time or
information or without a standing relationship with the
patient. For these reasons, physicians providing emergency and
trauma care face extraordinary exposure to medical liability
claims, which are far higher than for those physicians who do
not provide such care.
(3) Younger surgeons, who often take the on-call shifts at
trauma centers, are leaving States with the most severe
liability problems. For example, according to the Project on
Medical Liability in Pennsylvania, funded by the Pew Charitable
Trust, resident physicians in high-risk fields such as general
surgery and emergency medicine named malpractice costs as the
reason for leaving the State three times more often than any
other factor.
(4) Further, an American Hospital Association study found
that more than 50 percent of hospitals in medical liability
crisis States now have trouble recruiting physicians, and 40
percent say the liability situation has resulted in less
physician coverage for their emergency departments. The crisis
has even forced the closure of trauma centers in Florida,
Mississippi, Nevada, Pennsylvania, and West Virginia at various
times in recent years.
(5) Specialties that have experienced particularly high
premium increases, including neurosurgery, orthopaedics, and
general surgery, are also among those services that emergency
patients most frequently require.
(6) According to a report from the General Accountability
Office, soaring medical liability premiums have led specialists
to reduce or stop on-call services to hospital emergency
departments, seriously inhibiting patient access to emergency
surgical services.
(7) The Department of Health and Human Services'
congressionally created EMTALA technical advisory group (TAG)
recognized that professional liability insurance is a concern
for providers and that having protections would increase
coverage in the emergency department. The TAG recommended that
the Department of Health and Human Services act to support
amending the EMTALA statute to include liability protection for
hospitals, physicians, and other licensed independent
practitioners who provide services to patients covered by
EMTALA.
SEC. 3. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of the Congress to provide for the general welfare, to regulate
commerce, and to make all laws which shall be necessary and proper for
carrying into execution Federal powers, as enumerated in section 8 of
article I of the Constitution of the United States.
SEC. 4. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED
PURSUANT TO EMTALA.
Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g))
is amended--
(1) in paragraph (4), by striking ``An entity'' and
inserting ``Subject to paragraph (6), an entity''; and
(2) by adding at the end the following:
``(6)(A) For purposes of this section--
``(i) an entity described in subparagraph (B) shall
be considered to be an entity described in paragraph
(4); and
``(ii) the provisions of this section shall apply
to an entity described in subparagraph (B) in the same
manner as such provisions apply to an entity described
in paragraph (4), except that--
``(I) notwithstanding paragraph (1)(B), the
deeming of any entity described in subparagraph
(B), or of an officer, governing board member,
employee, contractor, or on-call provider of
such an entity, to be an employee of the Public
Health Service for purposes of this section
shall apply only with respect to items and
services that are furnished to an individual
pursuant to section 1867 of the Social Security
Act and to post stabilization services (as
defined in subparagraph (D)) furnished to such
an individual;
``(II) nothing in paragraph (1)(D) shall be
construed as preventing a physician or
physician group described in subparagraph
(B)(ii) from making the application referred to
in such paragraph or as conditioning the
deeming of a physician or physician group that
makes such an application upon receipt by the
Secretary of an application from the hospital
or emergency department that employs or
contracts with the physician or group, or
enlists the physician or physician group as an
on-call provider;
``(III) notwithstanding paragraph (3), this
paragraph shall apply only with respect to
causes of action arising from acts or omissions
that occur on or after January 1, 2010;
``(IV) paragraph (5) shall not apply to a
physician or physician group described in
subparagraph (B)(ii);
``(V) the Attorney General, in consultation
with the Secretary, shall make separate
estimates under subsection (k)(1) with respect
to entities described in subparagraph (B) and
entities described in paragraph (4) (other than
those described in subparagraph (B)), and the
Secretary shall establish separate funds under
subsection (k)(2) with respect to such groups
of entities, and any appropriations under this
subsection for entities described in
subparagraph (B) shall be separate from the
amounts authorized by subsection (k)(2);
``(VI) notwithstanding subsection (k)(2),
the amount of the fund established by the
Secretary under such subsection with respect to
entities described in subparagraph (B) may
exceed a total of $10,000,000 for a fiscal
year; and
``(VII) subsection (m) shall not apply to
entities described in subparagraph (B).
``(B) An entity described in this subparagraph is--
``(i) a hospital or an emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) a physician or physician group that is
employed by, is under contract with, or is an on-call
provider of such hospital or emergency department, to
furnish items and services to individuals under such
section.
``(C) For purposes of this paragraph, the term `on-call
provider' means a physician or physician group that--
``(i) has full, temporary, or locum tenens staff
privileges at a hospital or emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) is not employed by or under contract with
such hospital or emergency department, but agrees to be
ready and available to provide services pursuant to
section 1867 of the Social Security Act or post-
stabilization services to individuals being treated in
the hospital or emergency department with or without
compensation from the hospital or emergency department.
``(D) For purposes of this paragraph, the term `post
stabilization services' means, with respect to an individual
who has been treated by an entity described in subparagraph (B)
for purposes of complying with section 1867 of the Social
Security Act, services that are--
``(i) related to the condition that was so treated;
and
``(ii) provided after the individual is stabilized
in order to maintain the stabilized condition or to
improve or resolve the condition of the individual.
``(E)(i) Nothing in this paragraph (or in any other
provision of this section as such provision applies to entities
described in subparagraph (B) by operation of subparagraph (A))
shall be construed as authorizing or requiring the Secretary to
make payments to such entities, the budget authority for which
is not provided in advance by appropriation Acts.
``(ii) The Secretary shall limit the total amount of
payments under this paragraph for a fiscal year to the total
amount appropriated in advance by appropriation Acts for such
purpose for such fiscal year. If the total amount of payments
that would otherwise be made under this paragraph for a fiscal
year exceeds such total amount appropriated, the Secretary
shall take such steps as may be necessary to ensure that the
total amount of payments under this paragraph for such fiscal
year does not exceed such total amount appropriated.''. | Health Care Safety Net Enhancement Act of 2009 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2010. | To improve access to emergency medical services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Tax Replacement Act of 2014''.
SEC. 2. REPEAL OF EXCISE TAX ON GASOLINE AND DIESEL FUEL.
(a) Manufacturers Tax.--Section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
(1) in clause (i) by striking ``18.3 cents per gallon'' and
inserting ``0 cents per gallon'', and
(2) in clause (ii) by striking ``24.3 cents per gallon''
and inserting ``0 cents per gallon''.
(b) Retail Tax.--Section 4041(a) of the Internal Revenue Code of
1986 is amended by striking paragraph (1).
(c) Conforming Amendments.--
(1) Section 4081 of the Internal Revenue Code of 1986 is
amended--
(A) in subsection (a)(2) by striking subparagraph
(D),
(B) by striking subsection (c), and
(C) in subsection (d) by striking paragraph (1).
(2) Section 4041 of the Internal Revenue Code of 1986 is
amended--
(A) by amending the heading of subsection (a) to
read as follows: ``Special Motor Fuels'', and
(B) in subsection (a)(2)(B)(i) by striking ``the
rate of tax specified in section 4081(a)(2)(A)(i) which
is in effect at the time of such sale or use,'' and
inserting ``18.3 cents per gallon''.
(d) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2015.
SEC. 3. CARBON TAX ON HIGHWAY FUELS.
(a) In General.--Paragraph (1) of section 4611(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of subparagraph (B)
and inserting ``, and'', and by inserting after subparagraph (B) the
following new subparagraph:
``(C) the carbon dioxide equivalent rate.''.
(b) Rates.--
(1) In general.--Paragraph (2) of section 4611(c) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting ``, and'', and by inserting
after subparagraph (B) the following new subparagraph:
``(C) the carbon dioxide equivalent rate is--
``(i) $50 per metric ton (or portion
thereof) of total life-cycle emissions of
carbon dioxide, and
``(ii) an equivalent amount per metric ton
(or portion thereof) of total life-cycle
emissions of any other greenhouse gas
determined on a ratio of the amount such other
greenhouse gas per metric ton as the amount of
carbon dioxide per metric ton,
in the crude oil or petroleum product (as the case may
be) subject to tax under subsection (a) which is to be
refined into gasoline or diesel fuel.
For purposes of subparagraph (C), total life-cycle emissions of
carbon dioxide and other greenhouse gases shall be determined
by the Administrator of the Environmental Protection Agency
pursuant to section 4 of the Gas Tax Replacement Act of
2014.''.
(2) Adjustment for inflation.--Section 4611(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(3) Carbon dioxide equivalent rate inflation
adjustment.--
``(A) In general.--In the case of any calendar year
after 2014, the dollar amount in paragraph (2)(C) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
``calendar year 2013'' for ``calendar year
1992'' in subparagraph (B) thereof.
``(B) Rounding.--If any amount as increased under
subparagraph (A) is not a multiple of $1, such amount
shall be rounded to the nearest multiple of $1.''.
(c) Alternative Fuels Producer Excise Tax.--
(1) In general.--Subchapter A of chapter 38 of the Internal
Revenue Code of 1986 is amended by inserting after section 4611
the following:
``SEC. 4611A. CERTAIN ALTERNATIVE FUELS.
``(a) General Rule.--There is hereby imposed a tax at the rate
specified in subsection (b) on--
``(1) methanol, ethanol, and biodiesel produced in the
United States by the producer thereof, and
``(2) methanol, ethanol, and biodiesel, and any blended
product thereof, entered into the United States for
consumption, use, or warehousing.
``(b) Rate of Tax.--The rate of the tax imposed by this section
is--
``(1) $50 per metric ton (or portion thereof) of total
life-cycle emissions of carbon dioxide, and
``(2) an equivalent amount per metric ton (or portion
thereof) of total life-cycle emissions of any other greenhouse
gas determined on a ratio of the amount such other greenhouse
gas per metric ton as the amount of carbon dioxide per metric
ton,
in methanol, ethanol, and biodiesel, and any blended product thereof,
produced or entered into in the United States. For purposes of the
preceding sentence, total life-cycle emissions of carbon dioxide and
other greenhouse gases shall be determined by the Administrator of the
Environmental Protection Agency pursuant to section 4 of the Gas Tax
Replacement Act of 2014.
``(c) Persons Liable for Tax.--
``(1) United states production.--The tax imposed by
subsection (a)(1) shall be paid by the producer of the product
on which such tax is imposed.
``(2) Imported products.--The tax imposed by subsection
(a)(2) shall be paid by the person entering the product for
consumption, use, or warehousing.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 38 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 4611
the following new item:
``Sec. 4611A. Certain alternative fuels.''.
(d) Credits and Payments for Nontaxable Uses.--
(1) Gasoline used on farms.--Section 6420 of the Internal
Revenue Code of 1986 is amended by inserting after subsection
(g) the following:
``(h) Special Rule for Carbon Dioxide Equivalent Rate of Tax.--For
purposes of this section, a gallon of gasoline refined from a barrel of
crude oil or petroleum product on which tax was imposed under section
4611 at the carbon dioxide equivalent rate under subsection (c)(1)(C)
thereof and used for a purpose described in subsection (a)--
``(1) shall be treated as a gallon of gasoline to which
this section applies, and
``(2) the rate at which tax was imposed under section 4611
with respect to such gallon shall be the same fraction of so
much of the tax imposed under section 4611 as is attributable
to subsection (c)(1)(C) thereof on such barrel as the fraction
of such gallon of gas is of the whole barrel.''.
(2) Gasoline used for certain nonhighway purposes, etc.--
Section 6421 of the Internal Revenue Code of 1986 is amended by
redesignating subsection (j) as subsection (k) and by inserting
after subsection (i) the following:
``(j) Special Rule for Carbon Dioxide Equivalent Rate of Tax.--For
purposes of this section, in the case of a gallon of gasoline refined
from a barrel of crude oil or petroleum product on which tax was
imposed under section 4611 at the carbon dioxide equivalent rate under
subsection (c)(1)(C) thereof--
``(1) if such gallon is used for a purpose described in
subsection (a) or (b) or is sold for a purpose described in
subsection (c), such gallon shall be treated as a gallon of
gasoline to which this section applies, and
``(2) the rate at which tax was imposed under section 4611
with respect to such gallon shall be the same fraction of so
much of the tax imposed under section 4611 as is attributable
to subsection (c)(1)(C) thereof on such barrel as the fraction
of such gallon of gas is of the whole barrel.''.
(3) Credit for alcohol fuel, biodiesel, and alternative
fuel mixtures.--Section 6426(a) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(1), by striking the period at the end of paragraph (2) and
inserting a comma, and by inserting after paragraph (2) the
following:
``(3) against so much of the tax imposed by section 4611 as
is attributable to the carbon dioxide equivalent rate of tax
under subsection (c)(1)(C) an amount equal to the credit
described in subsection (c), determined on the same fraction of
the amount of such tax as the number of gallons of diesel used
by the taxpayer in producing any biodiesel mixture for sale or
use in a trade or business of the taxpayer, and
``(4) against the tax imposed by section 4611A an amount
equal to the sum of the credits described in subsections (b),
(c), and (e), determined on the same fraction of the amount of
such tax as the number of gallons of alcohol, biodiesel, or
alternative fuel used by the taxpayer in producing any fuel
mixture of taxable fuel.''.
(4) Fuels not used for taxable purposes.--Section 6427 of
the Internal Revenue Code of 1986 is amended by redesignating
subsection (p) as subsection (q) and by inserting after
subsection (o) the following:
``(p) Special Rule for Carbon Dioxide Equivalent Rate.--For
purposes of this section, in the case of a gallon of fuel refined from
a barrel of crude oil or petroleum product on which tax was imposed
under section 4611 at the carbon dioxide equivalent rate of tax under
subsection (c)(1)(C) thereof, or produced from methanol, ethanol, or
biodiesel on which tax was imposed under section 4611A, if the sale or
use of such fuel would give rise to a payment under this section but
for the fact that such fuel was taxed under section 4611 or 4611A and
not section 4041 or 4081--
``(1) this section shall be applied as if such fuel had
been taxed under section 4041 or 4081, and
``(2) the rate at which tax was imposed under section 4611
or 4611A with respect to such fuel shall be--
``(A) in the case of tax imposed under section
4611(c)(1)(C), the same fraction of such tax on such
barrel as the fraction of a gallon of such fuel is of
the whole barrel, and
``(B) in the case of tax imposed under section
4611A, the same fraction of the amount of such tax as
the amount of fuel giving rise to a payment under this
section.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2016.
SEC. 4. LIFE-CYCLE EMISSIONS.
(a) Carbon Dioxide Emissions Report.--Not later than the first ____
occurring at least 1 year after the date of enactment of this Act, the
Administrator shall transmit to the Internal Revenue Service and make
public a report on the total life-cycle emissions of carbon dioxide for
each covered transportation fuel, expressed in tons of carbon dioxide
emissions per barrel of fuel or an appropriate alternate measure. Such
report shall take into account the differences in carbon dioxide
emissions per barrel of fuel across different regions and countries due
to means of resource extraction and production, transportation, and
other factors, with each covered transportation fuel being as
regionally specific as determined by the Administrator.
(b) Addition of Covered Transportation Fuel.--The Administrator
shall--
(1) from time to time determine which transportation fuels
have achieved a sufficient share of the on-road transportation
fuel market to warrant being considered a covered
transportation fuel, and
(2) update the report transmitted under subsection (a), and
transmit such updated report to Congress, with the
specifications on the total life-cycle emissions of carbon
dioxide and other greenhouse gases for each fuel newly
determined under paragraph (1) to be considered a covered
transportation fuel.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Biofuel.--The term ``biofuel'' means the biofuel
component of a transportation fuel.
(3) Covered transportation fuel.--The term ``covered
transportation fuel'' means gasoline, diesel fuel, biofuel, and
any other fuel the Administrator determines has achieved a
sufficient share of the on-road transportation fuel market to
warrant regulation under this section.
(4) Greenhouse gas.--The term ``greenhouse gas'' has the
same meaning given the term in section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)).
(5) Life-cycle emissions.--The term ``life-cycle
emissions'' means emissions from all activities included in the
production, transport, storage, and use of a fuel, including
land use changes, means of resource extraction and production,
transportation systems, and leakages. | Gas Tax Replacement Act of 2014 - Amends the Internal Revenue Code to: (1) repeal the excise taxes on gasoline and diesel fuels; (2) add a carbon dioxide equivalent rate to the tax on crude oil and petroleum products; and (3) impose an new excise tax on the carbon content of methanol, ethanol, and biodiesel produced in the United States and entered into the United States for consumption, use, or warehousing. Requires the Administrator of the Environmental Protection Agency (EPA) to send to the Internal Revenue Service (IRS) and make public a report on the total life-cycle emissions of carbon dioxide for gasoline, diesel fuel, biofuel, and other regulated fuels. | Gas Tax Replacement Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Buyback Act of 1997''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, 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) subject to section 8411(i), service as a temporary or
intermittent employee not otherwise creditable for purposes of
this chapter, performed after December 31, 1988, and before
January 1, 1997, of at least 1 year's duration (whether
performed over a continuous period or otherwise), but only if
the individual performing such service later becomes subject to
this chapter, and such service is not credited for purposes of
any benefit under any other retirement system established by a
law of the United States (disregarding the Social Security Act
and chapter 83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(i)(1) An employee or Member shall, with respect to any service
described in subsection (b)(5) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 1997, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(5) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(5) of title 5, United States Code, as amended by this Act,
which was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 1999, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(5) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(i) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(i). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from any department, agency, or other
instrumentality of the United States any information in the possession
of such instrumentality which may be necessary to verify the
entitlement of such individual to have any service credited under
section 8411(b)(5) of title 5, United States Code, as amended by this
Act, or to have an annuity recomputed under section 3(c).
(c) Information.--Any department, agency, or other instrumentality
of the United States which possesses any information with respect to an
individual's performance of any service described in such section
8411(b)(5) shall, at the request of the Office, furnish such
information to the Office. | FERS Buyback Act of 1997 - Amends Federal law concerning government organization and employees to make certain temporary Federal service creditable for retirement purposes.
Sets forth provisions relating to persons who have separated from Government service. | FERS Buyback Act of 1997 |
SECTION 1. TRAUMATIC INJURY PROTECTION.
(a) In General.--Subchapter III of chapter 19 of title 38, United
States Code, is amended--
(1) in section 1965, by adding at the end the following:
``(11) The term `activities of daily living' means the
inability to independently perform 2 of the 6 following
functions:
``(A) Bathing.
``(B) Continence.
``(C) Dressing.
``(D) Eating.
``(E) Toileting.
``(F) Transferring.''; and
(2) by adding at the end the following:
``Sec. 1980A. Traumatic injury protection
``(a) A member who is insured under subparagraph (A)(i), (B), or
(C)(i) of section 1967(a)(1) shall automatically be issued a traumatic
injury protection rider that will provide for a payment not to exceed
$100,000 if the member, while so insured, sustains a traumatic injury
that results in a loss described in subsection (b)(1). The maximum
amount payable for all injuries resulting from the same traumatic event
shall be limited to $100,000. If a member suffers more than 1 such loss
as a result of traumatic injury, payment will be made in accordance
with the schedule in subsection (d) for the single loss providing the
highest payment.
``(b)(1) A member who is issued a traumatic injury protection rider
under subsection (a) is insured against--
``(A) total and permanent loss of sight;
``(B) loss of a hand or foot by severance at or above the
wrist or ankle;
``(C) total and permanent loss of speech;
``(D) total and permanent loss of hearing in both ears;
``(E) loss of thumb and index finger of the same hand by
severance at or above the metacarpophalangeal joints;
``(F) quadriplegia, paraplegia, or hemiplegia;
``(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
``(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
``(2) For purposes of this subsection--
``(A) the term `quadriplegia' means the complete and
irreversible paralysis of all 4 limbs;
``(B) the term `paraplegia' means the complete and
irreversible paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and
irreversible paralysis of the upper and lower limbs on 1 side
of the body.
``(3) In no case will a member be covered against loss resulting
from--
``(A) attempted suicide, while sane or insane;
``(B) an intentionally self-inflicted injury or any attempt
to inflict such an injury;
``(C) illness, whether the loss results directly or
indirectly;
``(D) medical or surgical treatment of illness, whether the
loss results directly or indirectly;
``(E) any infection other than--
``(i) a pyogenic infection resulting from a cut or
wound; or
``(ii) a bacterial infection resulting from
ingestion of a contaminated substance;
``(F) the commission of or attempt to commit a felony;
``(G) being legally intoxicated or under the influence of
any narcotic unless administered or consumed on the advice of a
physician; or
``(H) willful misconduct as determined by a military court,
civilian court, or administrative body.
``(c) A payment under this section may be made only if--
``(1) the member is insured under Servicemembers' Group
Life Insurance when the traumatic injury is sustained;
``(2) the loss results directly from that traumatic injury
and from no other cause; and
``(3) the member suffers the loss not later than 90 days
after sustaining the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers the
loss not later than 365 days after sustaining the traumatic
injury.
``(d) Payments under this section for losses described in
subsection (b)(1) will be made in accordance with the following
schedule:
``(1) Loss of both hands, $100,000.
``(2) Loss of both feet, $100,000.
``(3) Inability to carry out activities of daily living
resulting from traumatic brain injury, $100,000.
``(4) Burns greater than second degree, covering 30 percent
of the body or 30 percent of the face, $100,000.
``(5) Loss of sight in both eyes, $100,000.
``(6) Loss of 1 hand and 1 foot, $100,000.
``(7) Loss of 1 hand and sight of 1 eye, $100,000.
``(8) Loss of 1 foot and sight of 1 eye, $100,000.
``(9) Loss of speech and hearing in 1 ear, $100,000.
``(10) Total and permanent loss of hearing in both ears,
$100,000.
``(11) Quadriplegia, $100,000.
``(12) Paraplegia, $75,000.
``(13) Loss of 1 hand, $50,000.
``(14) Loss of 1 foot, $50,000.
``(15) Loss of sight one eye, $50,000.
``(16) Total and permanent loss of speech, $50,000.
``(17) Loss of hearing in 1 ear, $50,000.
``(18) Hemiplegia, $50,000.
``(19) Loss of thumb and index finger of the same hand,
$25,000.
``(20) Coma resulting from traumatic brain injury, $50,000
at time of claim and $50,000 at end of 6-month period.
``(e)(1) During any period in which a member is insured under this
section and the member is on active duty, there shall be deducted each
month from the member's basic or other pay until separation or release
from active duty an amount determined by the Secretary of Veterans
Affairs as the premium allocable to the pay period for providing
traumatic injury protection under this section (which shall be the same
for all such members) as the share of the cost attributable to provided
coverage under this section, less any costs traceable to the extra
hazards of such duty in the uniformed services.
``(2) During any month in which a member is assigned to the Ready
Reserve of a uniformed service under conditions which meet the
qualifications set forth in section 1965(5)(B) of this title and is
insured under a policy of insurance purchased by the Secretary of
Veterans Affairs under section 1966 of this title, there shall be
contributed from the appropriation made for active duty pay of the
uniformed service concerned an amount determined by the Secretary of
Veterans Affairs (which shall be the same for all such members) as the
share of the cost attributable to provided coverage under this section,
less any costs traceable to the extra hazards of such duty in the
uniformed services. Any amounts so contributed on behalf of any member
shall be collected by the Secretary of the concerned service from such
member (by deduction from pay or otherwise) and shall be credited to
the appropriation from which such contribution was made in advance on a
monthly basis.
``(3) The Secretary of Veterans Affairs shall determine the premium
amounts to be charged for traumatic injury protection coverage provided
under this section.
``(4) The premium amounts shall be determined on the basis of sound
actuarial principles and shall include an amount necessary to cover the
administrative costs to the insurer or insurers providing such
insurance.
``(5) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate may be
adjusted for any such subsequent policy year on the basis of the
experience under the policy, as determined by the Secretary of Veterans
Affairs in advance of that policy year.
``(6) The cost attributable to insuring such member under this
section, less the premiums deducted from the pay of the member's
uniformed service, shall be paid by the Secretary of Defense to the
Secretary of Veterans Affairs. This amount shall be paid on a monthly
basis, and shall be due within 10 days of the notice provided by the
Secretary of Veterans Affairs to the Secretary of the concerned
uniformed service.
``(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy year, as
determined according to sound actuarial principles by the Secretary of
Veterans Affairs.
``(8) The Secretary of Defense shall forward an amount to the
Secretary of Veterans Affairs that is equivalent to half the
anticipated cost of claims for the current fiscal year, upon the
effective date of this legislation.
``(f) The Secretary of Defense shall certify whether any member
claiming the benefit under this section is eligible.
``(g) Payment for a loss resulting from traumatic injury will not
be made if the member dies not more than 7 days after the date of the
injury. If the member dies before payment to the member can be made,
the payment will be made according to the member's most current
beneficiary designation under Servicemembers' Group Life Insurance, or
a by law designation, if applicable.
``(h) Coverage for loss resulting from traumatic injury provided
under this section shall cease at midnight on the date of the member's
separation from the uniformed service. Payment will not be made for any
loss resulting from injury incurred after the date a member is
separated from the uniformed services.
``(i) Insurance coverage provided under this section is not
convertible to Veterans' Group Life Insurance.''.
(b) Clerical Amendment.--The table of sections for chapter 19 of
title 38, United States Code, is amended by adding after the item
relating to section 1980 the following:
``1980A. Traumatic injury protection.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall take effect on the first day
of the first month beginning more than 180 days after the date of
enactment of this Act. | Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 per event if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, movement, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Provides coverage exceptions, including attempted suicide or self-inflicted injury, committing or attempting to commit a felony, being legally intoxicated, or willful misconduct. Provides specific payment amounts with respect to each type of injury or loss.
Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage.
Terminates such coverage upon separation from the Armed Forces. | A bill to amend title 38, United States Code, to provide a traumatic injury protection rider to servicemembers insured under section 1967(a)(1) of such title. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Extract Animals from Red Tape
Act of 2016'' or the ``HEART Act of 2016''.
SEC. 2. REDUCED NOTICE PERIOD.
Section 983(a)(1)(A) of title 18, United States Code, is amended by
adding at the end the following new clause:
``(vi) With respect to an animal seized
under section 26 of the Animal Welfare Act or
under section 1955 of this title, clauses (i),
(ii), (iii), and (v), shall be applied by
substituting `30-days' for `60-days'.''.
SEC. 3. BOND HEARING PROCEDURES.
Section 983(a) of title 18, United States Code, is amended by
adding at the end the following:
``(5)(A) If an animal is seized under section 26 of the
Animal Welfare Act or under section 1955 of this title, the
Government may, not later than 21 days after a claim is filed
under paragraph (2) or (4), petition in United States district
court for a bond hearing relating to that claim. Upon filing
the petition, the Government shall give the person claiming an
interest in the animal actual notice of the hearing. The court
shall, except upon good cause shown, commence that hearing not
later than 15 days after the date that the person receives the
notice required under this subparagraph.
``(B) Not later than 5 days prior to the hearing date, the
Government shall provide an accounting of the costs already
incurred, and the estimated reasonable and anticipated costs of
future care for the animal per day, to both the court and the
person claiming an interest in the animal.
``(C)(i) Unless the person claiming an interest in the
animal shows good cause not to require a bond, the court shall
order that person to post a bond.
``(ii) The amount of the bond shall be that amount the
court determines sufficient to reimburse all reasonable and
anticipated costs of caring for the animal from the date of
seizure to a date the court deems appropriate, unless the court
determines the person claiming an interest in the animal is
financially unable to post a bond in that amount. In that case,
the court may set the amount of the bond to cover partial
payment of those costs.
``(iii) In determining whether the person claiming an
interest in the animal has an inability to pay a bond, the
court shall consider--
``(I) the income, earning capacity, and financial
resources of the person claiming an interest in the
animal;
``(II) the actual cost of care for the animal prior
to seizure of the animal by the person claiming an
interest in the animal, including but not limited to
food, vaccinations, veterinary expenses, and licenses;
and
``(III) such other factors as the court deems
appropriate.
``(iv) If the court does not order the posting of a bond,
or orders a bond in an amount that would only cover partial
payment of these costs, the court shall state on the record the
reason for that action.
``(D) If the person claiming an interest in the animal
fails to post the bond as ordered by the end of the 15th day
beginning after the date of the issuance of the order, the
court may order the immediate forfeiture to the Government of
the seized animal to which the order applies.
``(E) If a bond is posted under this subparagraph, the
seizing agency or the United States Marshals Service may draw
from the bond the actual reasonable costs incurred in caring
for the seized animal.
``(F) Any unspent portion of the bond shall be returned to
the person claiming an interest in the animal upon resolution
of the forfeiture proceedings.
``(G) If the person claiming an interest in the animal
posts a bond and prevails in the forfeiture proceedings--
``(i) that person shall be entitled to receive the
full amount that person posted as a bond under this
subparagraph; and
``(ii) the Government shall reimburse any amount
drawn under subparagraph (E) necessary to provide that
full amount.
``(H) In this subparagraph, the term `reasonable and
anticipated costs' includes food, boarding, veterinary care
(including humane euthanasia where appropriate), transport, and
any other costs the court deems necessary to provide care to
the seized animal.
``(I) Nothing in this subparagraph prevents, in lieu of
posting security or proceeding to a forfeiture hearing, the
voluntary permanent relinquishment of an animal by its owner
to--
``(i) an animal control or animal shelter;
``(ii) an animal protection organization; or
``(iii) the Government.
``(J) The testimony of a person at a hearing held under
this subsection is not admissible against that person in any
criminal proceeding, except in a prosecution for perjury, and
does not waive that person's right against self-
incrimination.''. | Help Extract Animals from Red Tape Act of 2016 or the HEART Act of 2016 This bill amends the federal criminal code to modify the general rules that govern civil forfeiture proceedings. Specifically, it adds requirements with respect to the seizure of an animal involved in animal fighting. | HEART Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Relief and Neighborhood
Stabilization Act of 2010''.
SEC. 2. EMERGENCY MORTGAGE RELIEF.
(a) Use of TARP Funds.--Using the authority available under
sections 101(a) and 115(a) of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary
of the Treasury shall transfer to the Secretary of Housing and Urban
Development $3,000,000,000, and the Secretary of Housing and Urban
Development shall credit such amount to the Emergency Homeowners'
Relief Fund, which such Secretary shall establish pursuant to section
107 of the Emergency Housing Act of 1975 (12 U.S.C. 2706), as such Act
is amended by this section, for use for emergency mortgage assistance
in accordance with title I of such Act.
(b) Reauthorization of Emergency Mortgage Relief Program.--Title I
of the Emergency Housing Act of 1975 is amended--
(1) in section 103 (12 U.S.C. 2702)--
(A) in paragraph (2)--
(i) by striking ``have indicated'' and all
that follows through ``regulation of the
holder'' and inserting ``have certified'';
(ii) by striking ``(such as the volume of
delinquent loans in its portfolio)''; and
(iii) by striking ``, except that such
statement'' and all that follows through
``purposes of this title''; and
(B) in paragraph (4), by inserting ``or medical
conditions'' after ``adverse economic conditions'';
(2) in section 104 (12 U.S.C. 2703)--
(A) in subsection (b), by striking ``, but such
assistance'' and all that follows through the period at
the end and inserting the following: ``. The amount of
assistance provided to a homeowner under this title
shall be an amount that the Secretary determines is
reasonably necessary to supplement such amount as the
homeowner is capable of contributing toward such
mortgage payment, except that the aggregate amount of
such assistance provided for any homeowner shall not
exceed $50,000.'';
(B) in subsection (d), by striking ``interest on a
loan or advance''and all that follows through the end
of the subsection and inserting the following: ``(1)
the rate of interest on any loan or advance of credit
insured under this title shall be fixed for the life of
the loan or advance of credit and shall not exceed the
rate of interest that is generally charged for
mortgages on single-family housing insured by the
Secretary of Housing and Urban Development under title
II of the National Housing Act at the time such loan or
advance of credit is made, and (2) no interest shall be
charged on interest which is deferred on a loan or
advance of credit made under this title. In
establishing rates, terms and conditions for loans or
advances of credit made under this title, the Secretary
shall take into account a homeowner's ability to repay
such loan or advance of credit.''; and
(C) in subsection (e), by inserting after the
period at the end of the first sentence the following:
``Any eligible homeowner who receives a grant or an
advance of credit under this title may repay the loan
in full, without penalty, by lump sum or by installment
payments at any time before the loan becomes due and
payable.'';
(3) in section 105 (12 U.S.C. 2704)--
(A) by striking subsection (b);
(B) in subsection (e)--
(i) by inserting ``and emergency mortgage
relief payments made under section 106'' after
``insured under this section''; and
(ii) by striking ``$1,500,000,000 at any
one time'' and inserting ``$3,000,000,000'';
(C) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(D) by adding at the end the following new
subsection:
``(e) The Secretary shall establish underwriting guidelines or
procedures to allocate amounts made available for loans and advances
insured under this section and for emergency relief payments made under
section 106 based on the likelihood that a mortgagor will be able to
resume mortgage payments, pursuant to the requirement under section
103(5).'';
(4) in section 107--
(A) by striking ``(a)''; and
(B) by striking subsection (b);
(5) in section 108 (12 U.S.C. 2707), by adding at the end
the following new subsection:
``(d) Coverage of Existing Programs.--The Secretary shall allow
funds to be administered by a State that has an existing program that
is determined by the Secretary to provide substantially similar
assistance to homeowners. After such determination is made such State
shall not be required to modify such program to comply with the
provisions of this title.'';
(6) in section 109 (12 U.S.C. 2708)--
(A) in the section heading, by striking
``authorization and'';
(B) by striking subsection (a);
(C) by striking ``(b)''; and
(D) by striking ``1977'' and inserting ``2011'';
(7) by striking sections 110, 111, and 113 (12 U.S.C. 2709,
2710, 2712); and
(8) by redesignating section 112 (12 U.S.C. 2711) as
section 110.
SEC. 3. ADDITIONAL ASSISTANCE FOR NEIGHBORHOOD STABILIZATION PROGRAM.
Using the authority made available under sections 101(a) and 115(a)
of division A of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5211(a), 5225(a)), the Secretary of the Treasury shall transfer
to the Secretary of Housing and Urban Development $1,000,000,000, and
the Secretary of Housing and Urban Development shall use such amounts
for assistance to States and units of general local government for the
redevelopment of abandoned and foreclosed homes, in accordance with the
same provisions applicable under the second undesignated paragraph
under the heading ``Community Planning and Development--Community
Development Fund'' in title XII of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 217) to
amounts made available under such second undesignated paragraph, except
as follows:
(1) Notwithstanding the matter of such second undesignated
paragraph that precedes the first proviso, amounts made
available by this section shall remain available until
expended.
(2) The 3rd, 4th, 5th, 6th, 7th, and 15th provisos of such
second undesignated paragraph shall not apply to amounts made
available by this section.
(3) Amounts made available by this section shall be
allocated based on a funding formula for such amounts
established by the Secretary in accordance with section 2301(b)
of the Housing and Economic Recovery Act of 2008 (42 U.S.C.
5301 note), except that--
(A) notwithstanding paragraph (2) of such section
2301(b), the formula shall be established not later
than 30 days after the date of the enactment of this
Act;
(B) the Secretary may not establish any minimum
grant amount or size for grants to States;
(C) the Secretary may establish a minimum grant
amount for direct allocations to units of general local
government located within a State, which shall not
exceed $1,000,000; and
(D) each State and local government receiving grant
amounts shall establish procedures to create
preferences for the development of affordable rental
housing for properties assisted with amounts made
available by this section.
(4) Paragraph (1) of section 2301(c) of the Housing and
Economic Recovery Act of 2008 shall not apply to amounts made
available by this section.
(5) Section 2302 of the Housing and Economic Recovery Act
of 2008 shall not apply to amounts made available by this
section.
(6) The fourth proviso from the end of such second
undesignated paragraph shall be applied to amounts made
available by this section by substituting ``2013'' for
``2012''.
(7) Notwithstanding section 2301(a) of the Housing and
Economic Recovery Act of 2008, the term ``State'' means any
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa, and
other territory or possession of the United States for purposes
of this section and title III of division B of such Act, as
applied to amounts made available by this section.
(8)(A) None of the amounts made available by this section
shall be distributed to--
(i) any organization which has been convicted for a
violation under Federal law relating to an election for
Federal office; or
(ii) any organization which employs applicable
individuals.
(B) In this paragraph, the term ``applicable individual''
means an individual who--
(i) is--
(I) employed by the organization in a
permanent or temporary capacity;
(II) contracted or retained by the
organization; or
(III) acting on behalf of, or with the
express or apparent authority of, the
organization; and
(ii) has been convicted for a violation under
Federal law relating to an election for Federal office. | Homeowners' Relief and Neighborhood Stabilization Act of 2010 - Directs the Secretary of the Treasury to transfer to the Secretary of Housing and Urban Development (HUD) $3 billion from Troubled Asset Relief Program (TARP) funds under the Emergency Economic Stabilization Act of 2008 (EESA), to be credited to the Emergency Homeowners' Relief Fund for use for emergency mortgage assistance.
Allows mortgage assistance if the mortgagor has incurred a substantial reduction in income as a result of involuntary unemployment or underemployment due to medical conditions.
Caps the aggregate amount of emergency mortgage assistance provided to a homeowner at $50,000.
Revises conditions and terms of repayment of such assistance to state that: (1) the rate of interest on any loan or advance of credit insured shall be fixed for the life of the loan or advance of credit and shall not exceed the rate of interest generally charged for mortgages on single-family housing insured by the HUD Secretary; (2) interest shall not be charged on interest which is deferred on a loan or advance of credit; and (3) an eligible homeowner who receives a grant or an advance of credit may repay the loan in full, without penalty at any time before the loan becomes due and payable.
Repeals the limitation on mortgage insurance granted by the Secretary to any financial institution to 40% of the total amount of loans and advances the institution makes.
Directs the HUD Secretary to allow funds to be administered by a state with an existing program that provides substantially similar assistance to homeowners.
Amends the Emergency Housing Act of 1975 to reauthorize the Emergency Mortgage Relief Program through FY2011.
Directs the Secretary of the Treasury to transfer to HUD $1 billion for assistance to states and local governments for redevelopment of abandoned and foreclosed homes. | A bill to provide additional emergency mortgage assistance to struggling homeowners, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Zone Protection Act of
1996''.
SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE COASTAL PROGRAMS.
(a) Reauthorization of Program.--Section 305(a) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1454(a)) is amended--
(1) by striking ``1991, 1992, and 1993'' and inserting ``1997,
1998, and 1999''; and
(2) by striking ``two'' and inserting ``four''.
(b) Termination of Program.--
(1) In general.--Section 305 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1454) is amended--
(A) by striking subsection (a);
(B) by striking ``(b)''; and
(C) by amending the heading to read as follows:
``submittal of state program for approval''.
(2) Conforming amendments.--Section 308(b)(2)(B) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1457(b)(2)(B)) is amended--
(A) in clause (iv) by adding ``and'' after the semicolon;
(B) by striking clause (v); and
(C) by redesignating clause (vi) as clause (v).
(3) Effective date.--This subsection shall take effect on
October 1, 1999.
SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL ZONE ENHANCEMENT.
Section 309(b) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456b(b)) is amended--
(1) by inserting ``(1)'' before ``Subject to''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to any amounts provided under section 306, and
subject to the availability of appropriations, the Secretary may make
grants under this subsection to States for implementing program changes
approved by the Secretary in accordance with section 306(e).
``(B) Grants under this paragraph to implement a program change may
not be made in any fiscal year after the second fiscal year that begins
after the approval of that change by the Secretary.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.
Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1464) is amended--
(1) by striking ``Sec. 318.'' and all that follows through
subsection (a) and inserting the following:
``Sec. 318. (a) There are authorized to be appropriated to the
Secretary, to remain available until expended--
``(1) for grants under sections 306, 306A, and 309--
``(A) $47,600,000 for fiscal year 1997;
``(B) $49,000,000 for fiscal year 1998; and
``(C) $50,500,000 for fiscal year 1999; and
``(2) for grants under section 315--
``(A) $4,400,000 for fiscal year 1997;
``(B) $4,500,000 for fiscal year 1998; and
``(C) $4,600,000 for fiscal year 1999.'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) in order as
subsections (b) and (c).
SEC. 5. COASTAL ZONE MANAGEMENT FUND.
(a) Authorization for Administrative Expenses.--Section
308(b)(2)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(A)) is amended to read as follows:
``(A) Expenses incident to the administration of this title, in
an amount not to exceed for each of fiscal years 1997, 1998, and
1999 the higher of--
``(i) $4,000,000; or
``(ii) 8 percent of the total amount appropriated under
this title for the fiscal year.''.
(b) Authorization for Program Development Grants.--Section
308(b)(2)(B)(v) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(B)(v)) is amended to read as follows:
``(v) program development grants as authorized by section
305, in an amount not to exceed $200,000 for each of fiscal
years 1997, 1998, and 1999; and''.
SEC. 6. MATCHING REQUIREMENT.
Section 315(e)(3) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(e)(3)) is amended by adding at the end the following new
subparagraph:
``(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered as a
result of damage to natural resources located in the coastal zone may
be used to pay 100 percent of the costs of activities carried out with
the assistance.''.
SEC. 7. AQUACULTURE IN THE COASTAL ZONE.
The Coastal Zone Management Act of 1972 is amended--
(1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at the
end of the following:
``(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture facilities
in the coastal zone.''; and
(2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the end
the following:
``(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture facilities
in the coastal zone, which will enable States to formulate,
administer, and implement strategic plans for marine
aquaculture.''.
SEC. 8. APPEALS TO THE SECRETARY.
The Coastal Zone Management Act of 1972 is amended by adding at the
end the following new section:
``appeals to the secretary
``Sec. 319. (a) Notice.--The Secretary shall publish in the Federal
Register a notice indicating when the decision record has been closed
on any appeal to the Secretary taken from a consistency determination
under section 307(c) or (d). No later than 90 days after the date of
publication of this notice, the Secretary shall--
``(1) issue a final decision in the appeal; or
``(2) publish a notice in the Federal Register detailing why a
decision cannot be issued within the 90-day period.
``(b) Deadline.--In the case where the Secretary publishes a notice
under subsection (a)(2), the Secretary shall issue a decision in any
appeal filed under section 307 no later than 45 days after the date of
the publication of the notice.
``(c) Application.--This section applies to appeals initiated by
the Secretary and appeals filed by an applicant.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Coastal Zone Protection Act of 1996 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Terminates the grant program after FY 1999. Authorizes grants to States to implement program changes. Authorizes appropriations for: (1) administering State management programs; (2) resource management improvement grants; (3) coastal zone enhancement grants; (4) grants under the National Estuarine Research Reserve System; (5) expenses incidental to the administration of the Act; and (6) such program development grants. Allows grants (relating to national estuarine reserves or educational or interpretive activities) provided from amounts recovered as a result of damage to coastal zone natural resources to be used to pay 100 percent of the costs of the activities carried out with the grants. Allows resource management improvement grants to be used for the development of a coordinated process among State agencies to regulate and issue permits for coastal zone aquaculture facilities. Allows coastal zone enhancement grants to be used to evaluate and facilitate the siting of public and private coastal zone aquaculture facilities. Establishes consistency determination appeal procedures. | Coastal Zone Protection Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation Enforcement
Act of 2005''.
SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NONPROLIFERATION ACT OF
2000.
(a) Application of Certain Measures.--Section 3 of the Iran
Nonproliferation Act of 2000 (50 U.S.C. 1701 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Application of Measures.--Subject to sections 4 and 5, the
President shall apply, for a period of not less than 2 years, the
measures described in subsection (b) with respect to--
``(1) each foreign person identified in a report submitted
pursuant to section 2(a);
``(2) all successors, subunits, and subsidiaries of each
such foreign person; and
``(3) any entity (if operating as a business enterprise)
that owns more than 50 percent of, or controls in fact, any
such foreign person and any successors, subunits, and
subsidiaries of such entity.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Executive order no. 12938 prohibitions.--The measures
set forth in subsections (b), (c), and (d) of section 4 of
Executive Order 12938.'';
(B) in paragraph (2)--
(i) by striking ``to that foreign person'';
and
(ii) by striking ``to that person'';
(C) in paragraph (3), by striking ``to that
person''; and
(D) by adding at the end the following new
paragraphs:
``(4) Investment prohibition.--Prohibition of any new
investment by a United States person in property, including
entities, owned or controlled by--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; or
``(C) any successor, subunit, or subsidiary of such
entity.
``(5) Financing prohibition.--Prohibition of any approval,
financing, or guarantee by a United States person, wherever
located, of a transaction by--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; or
``(C) any successor, subunit, or subsidiary of such
entity.
``(6) Financial assistance prohibition.--Denial by the
United States Government of any credit, credit guarantees,
grants, or other financial assistance by any department,
agency, or instrumentality of the United States Government to--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; and
``(C) any successor, subunit, or subsidiary of such
entity.''; and
(3) by amending subsection (d) to read as follows:
``(d) Publication in Federal Register.--
``(1) In general.--The application of measures pursuant to
subsection (a) shall be announced by notice published in the
Federal Register.
``(2) Content.--Each notice published pursuant to paragraph
(1) shall include the name and address (where known) of each
person or entity to whom measures have been applied pursuant to
subsection (a).''.
(b) National Security Waiver.--Section 4 of such Act is amended to
read as follows:
``SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY.
``(a) In General.--The President may waive the imposition of any
sanction that would otherwise be required under section 3 on any person
or entity 15 days after the President determines and reports to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate that such waiver
is essential to the national security of the United States.
``(b) Written Justification.--The determination and report of the
President under subsection (a) shall include a written justification--
``(1) describing in detail the circumstances and rationale
supporting the President's conclusion that the waiver is
essential to the national security of the United States; and
``(2) identifying--
``(A) the name and address (where known) of the
person or entity to whom the waiver is applied pursuant
to subsection (a);
``(B) the specific goods, services, or
technologies, the transfer of which would have required
the imposition of measures pursuant to section 3 if the
President had not invoked the waiver authority under
subsection (a); and
``(C) the name and address (where known) of the
recipient of such transfer.
``(c) Form.--The written justification shall be submitted in
unclassified form, but may contain a classified annex.''. | Iran Nonproliferation Enforcement Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to: (1) make sanctions mandatory, and impose a minimum two-year sanction; (2) subject controlling and subsidiary companies of a foreign person to sanctions; (3) expand sanctions to include prohibitions on U.S. investment, financing, and financial assistance; and (4) expand the justification requirements for a presidential national security waiver of sanctions. | A bill to make amendments to the Iran Nonproliferation Act of 2000. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Protection Hotline Act of
2011''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) At the Federal, State, and local levels, government
funding supports well-intentioned voter hotlines that are not
fully utilized because of a lack of access to information on
such programs by the public at-large. All 50 states and the
District of Columbia have at least one voter hotline in
addition to an unprecedented amount of privately funded voter
hotlines, all with different telephone numbers. The
multiplicity of resources makes it difficult for voters to
identify the correct hotline for their needs, which may result
in voters who have immediate or urgent needs abandoning their
effort to vote.
(2) The Department of Justice has declared that a national
telephone number or hotline on voting information is an
important tool to facilitate the voting process, and has
established a hotline through which individuals may obtain this
kind of information. Notwithstanding the existence of the
hotline, voting irregularities were still rampant, as evidenced
by a number of problems that occurred during the 2008 election
cycle, including the following:
(A) Virginia voters who registered through the
Department of Motor Vehicles or via third party groups
reported never receiving a registration card. In other
cases, they arrived at their polling places only to
find their names missing from the voter rolls. Some
voters did not fill out their registration paperwork
correctly, but were not notified of this until well
after the registration deadline of October 6. There
were reports in one location all seven voting machines
in the building had failed and that there were no paper
ballots available. Voters at that polling place waited
in line for an extraordinary 7 hours and 15 minutes to
vote.
(B) St. Louis voters who had submitted change of
address forms several weeks prior to Election Day found
that these forms had not been processed by Election
Day.
(C) On December 2, the New York Post reported that
more than 3,500 voter registration forms were shipped
to the New York City Board of Elections on September
10, only to sit in a box until November 6, 2 days after
the election. Of these voters, those who cast
provisional ballots had their votes counted, but it is
unclear how many other voters were turned away at the
polls.
(D) Pennsylvania voters in cities reported not
receiving absentee ballots by Election Day. This caused
additional problems at polling places on Election Day,
as some of those who feared their votes would go
uncounted took time away from family obligations, work,
or struggled with a disability to get to their polling
place. Upon arrival, they were told they would be
unable to vote in person since they had already
requested an absentee ballot.
(E) Voters at poorly prepared poll locations in Los
Angeles County and elsewhere in California began
reporting ballot shortages in the early afternoon on
Election Day. Many people who went to the wrong polling
place were incorrectly instructed to vote provisionally
instead of being sent to the correct location. At one
polling place, provisional ballots were handed out
because so many voters were unaware that their poll
location had changed and had gone to the wrong
location. In other places, voters were not offered
provisional ballots even when they were warranted, for
example, when paper ballots were requested or when
regular ballots were running out. In all, nearly
1,000,000 people voted by provisional ballot in
California.
(F) Wait times of 6 hours were reported for early
voting in Franklin County, Ohio, leading to people
leaving the line without voting. Wait times of between
2 and 10 hours were reported during early voting at
multiple Georgia locations.
(3) The fifteenth amendment to the Constitution protects
the right of citizens to vote, yet every election cycle, the
voting rights of thousands of citizens are denied or abridged
due to factors ranging from misinformation to wholesale
intimidation. For example:
(A) In the 2004 presidential election, voters
reported receiving calls telling them to report to the
polls to vote the day after Election Day, that the
polling location had changed, and that they would only
be allowed to vote if they brought four separate forms
of identification to the poll. In 2008, in southern
Virginia and at George Mason University in the northern
part of the state, official-looking fliers ``informed''
voters that, because of projected high turnout,
Democrats should wait and vote on November 5, 2008, the
day after the election. North Carolina voters
complained of misleading calls that provided inaccurate
information regarding absentee ballot deadlines.
(B) Michigan poll workers were often unaware that
Michigan voters who did not have a government-issued
photo ID could vote after signing an affidavit.
(C) In 2008, fliers distributed and posted in a
west Philadelphia neighborhood claimed that any
violation as simple as an unpaid parking ticket would
render citizens ineligible to vote and subject to
arrest at the polls. A flier disseminated on the campus
of Drexel University in Philadelphia warned that
undercover officers would be present at the polls,
looking for voters with outstanding warrants or parking
violations.
(D) In Virginia, Michigan and Colorado, students
were told that if they registered to vote where they
went to school (instead of at their parents' address)
they could lose their healthcare, financial aid, and
jeopardize their parent's taxes, all false claims.
(E) In 2008, the non-profit group Minnesota
Majority, pretending to be from the Secretary of
State's office, made calls to voters questioning their
registrations in a supposed attempt to uncover voting
irregularities.
(F) Twelve Ohio counties released sample paper
ballots that split the presidential contest over two
columns for the November election. A study found that
this particular layout often confuses voters and causes
them to double-vote, which ultimately disqualifies the
ballot.
SEC. 3. VOTER INFORMATION HOTLINE.
(a) Establishment and Operation of Telephone Service.--The Attorney
General, in consultation with State election officials, shall establish
and operate a toll-free telephone service, using a telephone number
that is accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the United
States--
(1) may obtain information on voting in elections for
Federal office, including information on how to register to
vote in such elections, the hours of operation of polling
places, and how to obtain absentee ballots; and
(2) may report information to the Attorney General on
problems encountered in registering to vote or voting,
including incidences of voter intimidation or suppression.
(b) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate) to serve on a Voter Hotline Task
Force to provide ongoing analysis and assessment of the
operation of the telephone service established under this Act,
and shall give special consideration in making appointments to
the Task Force to individuals who represent civil rights
organizations.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(c) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this Act during the previous 2 years, and shall include in the report--
(1) a compilation and description of the reports made to
the hotline by individuals citing instances of voter
intimidation or suppression; and
(2) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to the
Attorney General for fiscal year 2011 and each succeeding fiscal year
such sums as may be necessary to carry out this Act.
(b) Set-Aside for Outreach.--Of the amounts appropriated to carry
out this Act for a fiscal year pursuant to the authorization under
subsection (a), not less than 15% shall be used for outreach activities
to make the public aware of the availability of the telephone service
established under this Act. | Voter Protection Hotline Act of 2011 - Directs the Attorney General (AG) to establish and operate a toll-free telephone service, using a telephone number accessible throughout the United States using easily identifiable numerals, through which individuals may: (1) obtain information on voting in elections for federal office, including how to register to vote, the hours of operation of polling places, and how to obtain absentee ballots; and (2) report problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression.
Requires the AG to: (1) appoint individuals to a Voter Hotline Task Force, giving special consideration to individuals representing civil rights organizations, for ongoing analysis and assessment of the telephone service's operation; and (2) submit a report to Congress each odd-numbered year concerning voter intimidation or suppression reports made to the hotline and assessing the availability of the service to all U.S. households with telephone service. | To direct the Attorney General to establish and operate a toll-free nationwide telephone hotline through which individuals may obtain information on voting in elections for Federal office and report information on problems encountered in voting in such elections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corps of Engineers River Stewardship
Independent Investigation and Review Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Corps of
Engineers River Stewardship Independent Investigation and
Review Commission established under section 3(a).
(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) Session day.--The term ``session day'' means a day on
which both Houses of Congress are in session.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the President shall establish a commission to be known as
the ``Corps of Engineers River Stewardship Independent Investigation
and Review Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of not to
exceed 22 members, and shall include--
(A) individuals appointed by the President to
represent--
(i) the Department of the Army;
(ii) the Department of the Interior;
(iii) the Department of Justice;
(iv) environmental interests;
(v) hydropower interests;
(vi) flood control interests;
(vii) recreational interests;
(viii) navigation interests;
(ix) the Council on Environmental Quality;
and
(x) such other affected interests as are
determined by the President to be appropriate;
(B) 6 governors from States representing different
regions of the United States, as determined by the
President; and
(C) 6 representatives of Indian tribes representing
different regions of the United States, as determined
by the President.
(2) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 180 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The President shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) No corps representative.--The Chairperson and the Vice
Chairperson shall not be representatives of the Department of
the Army (including the Corps of Engineers).
SEC. 4. INVESTIGATION OF CORPS OF ENGINEERS.
Not later than 2 years after the date of enactment of this Act, the
Commission shall complete an investigation and submit to Congress a
report on the management of rivers in the United States by the Corps of
Engineers, with emphasis on--
(1) compliance with environmental laws in the design and
operation of river management projects, including--
(A) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(2) compliance with the cultural resource laws that protect
Native American graves, traditional cultural properties, and
Native American sacred sites in the design and operation of
river management projects, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.);
(D) Executive Order 13007 (61 Fed. Reg. 26771;
relating to Indian sacred sites);
(E) identification of opportunities for developing
tribal cooperative management agreements for erosion
control, habitat restoration, cultural resource
protection, and enforcement;
(F) review of policy and guidance regarding
nondisclosure of sensitive information on the
character, nature, and location of traditional cultural
properties and sacred sites; and
(G) review of the effectiveness of government-to-
government consultation by the Corps of Engineers with
Indian tribes and members of Indian tribes in cases in
which the river management functions and activities of
the Corps affect Indian land and Native American
natural and cultural resources;
(3) the quality and objectivity of scientific,
environmental, and economic analyses by the Corps of Engineers,
including the use of independent reviewers of analyses
performed by the Corps;
(4) the extent of coordination and cooperation by the Corps
of Engineers with Federal and State agencies (such as the
United States Fish and Wildlife Service) and Indian tribes in
designing and implementing river management projects;
(5) the extent to which river management studies conducted
by the Corps of Engineers fairly and effectively balance the
goals of public and private interests, such as wildlife,
recreation, navigation, and hydropower interests;
(6) whether river management studies conducted by the Corps
of Engineers should be subject to independent review;
(7) whether river planning laws (including regulations)
should be amended; and
(8) whether the river management functions of the Corps of
Engineers should be transferred from the Department of the Army
to a Federal civilian agency.
SEC. 5. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal department or agency such information as the Commission
considers necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the department or
agency shall provide the information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or personal property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member 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 duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$5,000,000 for each of fiscal years 2003 through 2005, to remain
available until expended.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the date on which the Commission
submits the report to Congress under section 4(a). | Corps of Engineers River Stewardship Independent Investigation and Review Act - Directs the President to establish the Corps of Engineers River Stewardship Independent Investigation and Review Commission. Directs the Commission to investigate and report to Congress on management of U.S. rivers by the Corps, with emphasis on: (1) compliance, in the design and operation of river management projects, with environmental laws and with the cultural resource laws that protect Native American graves, traditional cultural properties, and Native American sacred sites; (2) the quality and objectivity of scientific, environmental, and economic analyses; (3) the extent of coordination and cooperation with Federal and State agencies in designing and implementing river management projects; (4) the extent to which river management studies balance the goals of public and private interests and whether such studies should be subject to independent review; (5) whether river planning laws and regulations should be amended; and (6) whether the river management functions of the Corps should be transferred to a Federal civilian agency. | A bill to establish a commission to assess the performance of the civil works functions of the Secretary of the Army. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Center and Primary
Care Workforce Expansion Act of 2017''.
SEC. 2. COMMUNITY HEALTH CENTER PROGRAM.
(a) In General.--Section 10503(b)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking ``and'' at the end;
and
(3) by adding at the end the following:
``(F) $5,110,000,000 for fiscal year 2018;
``(G) $5,410,000,000 for fiscal year 2019;
``(H) $5,790,000,000 for fiscal year 2020;
``(I) $6,620,000,000 for fiscal year 2021;
``(J) $7,510,000,000 for fiscal year 2022;
``(K) $8,460,000,000 for fiscal year 2023;
``(L) $9,490,000,000 for fiscal year 2024;
``(M) $10,590,000,000 for fiscal year 2025;
``(N) $11,780,000,000 for fiscal year 2026;
``(O) $12,500,000,000 for fiscal year 2027; and
``(P) for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding
fiscal year adjusted by the product of--
``(i) one plus the average percentage
increase in costs incurred per patient served;
and
``(ii) one plus the average percentage
increase in the total number of patients
served; and''.
(b) Capital Projects.--In addition to amounts otherwise
appropriated under section 10503(b) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)), there is authorized to be
appropriated, and there is appropriated, for the community health
centers program under section 330 of the Public Health Service Act (42
U.S.C. 254b) for capital projects, $18,600,000,000 for fiscal year
2017.
(c) Limitation.--Amounts otherwise appropriated for community
health centers may not be reduced as a result of the appropriations
made under this section.
(d) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) In General.--Section 10503(b)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period; and
(3) by adding at the end the following:
``(F) $850,000,000 for fiscal year 2018;
``(G) $893,000,000 for fiscal year 2019;
``(H) $938,000,000 for fiscal year 2020;
``(I) $985,000,000 for fiscal year 2021;
``(J) $1,030,000,000 for fiscal year 2022;
``(K) $1,090,000,000 for fiscal year 2023;
``(L) $1,100,000,000 for fiscal year 2024;
``(M) $1,200,000,000 for fiscal year 2025;
``(N) $1,300,000,000 for fiscal year 2026;
``(O) $1,500,000,000 for fiscal year 2027; and
``(P) for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding
fiscal year adjusted by the product of--
``(i) one plus the average percentage
increase in the costs of health professions
education during the prior fiscal year; and
``(ii) one plus the average percentage
change in the number of individuals residing in
health professions shortage areas designated
under section 333 of the Public Health Service
Act during the prior fiscal year, relative to
the number of individuals residing in such
areas during the previous fiscal year.''.
(b) Limitation.--Amounts otherwise appropriated for National Health
Service Corps may not be reduced as a result of the appropriations made
under this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 4. TEACHING HEALTH CENTERS.
(a) In General.--Section 340H(g) of the Public Health Service Act
(42 U.S.C. 256h(g)) is amended--
(1) by striking ``2015 and'' and inserting ``2015,''; and
(2) by striking the period and inserting ``, $176,000,000
for fiscal years 2018 and 2019, $184,000,000 for fiscal year
2020, $194,000,000 for fiscal year 2021, $203,000,000 for
fiscal year 2022, $214,000,000 for fiscal year 2023,
$224,000,000 for fiscal year 2024, $235,000,000 for fiscal year
2025, $247,000,000 for fiscal year 2026, $260,000,000 for
fiscal year 2027, and for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding fiscal
year adjusted by the greater of the annual percentage increase
in the medical care component of the consumer price index for
all urban consumers (U.S. city average) as rounded up in an
appropriate manner, or the percentage increase for the fiscal
year involved under section 2(a)(11).''.
(b) Limitation.--Amounts otherwise appropriated for Teaching Health
Centers may not be reduced as a result of the appropriations made under
this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 5. NURSE PRACTITIONER RESIDENCY TRAINING PROGRAMS.
(a) In General.--Section 5316 of the Patient Protection and
Affordable Care Act is amended by striking subsection (i) and inserting
the following:
``(i) Appropriations.--In addition to amounts otherwise
appropriated, there is authorized to be appropriated, and there is
appropriated to carry out this section--
``(1) $35,000,000 for fiscal year 2018;
``(2) $40,000,000 for fiscal year 2019;
``(3) $45,000,000 for fiscal year 2020;
``(4) $50,000,000 for fiscal year 2021;
``(5) $55,000,000 for fiscal year 2022;
``(6) $60,000,000 for fiscal year 2023;
``(7) $65,000,000 for fiscal year 2024;
``(8) $70,000,000 for fiscal year 2025;
``(9) $75,000,000 for fiscal year 2026;
``(10) $80,000,000 for fiscal year 2027; and
``(11) for fiscal year 2028, and each subsequent fiscal
year, the amount appropriated for the preceding fiscal year
adjusted by the greater of the annual percentage increase in
the medical care component of the consumer price index for all
urban consumers (U.S. city average) as rounded up in an
appropriate manner, or the percentage increase for the fiscal
year involved under section 10503(b)(1)(P) of the Patient
Protection and Affordable Care Act.''.
(b) Limitation.--Amounts otherwise appropriated for Nurse
Practitioner Residency Training Programs may not be reduced as a result
of the appropriations made under this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended. | Community Health Center and Primary Care Workforce Expansion Act of 2017 This bill amends the Patient Protection and Affordable Care Act to make appropriations for and extend indefinitely: (1) enhanced funding for the community health centers program and the National Health Service Corps, and (2) grants for federally qualified health centers and nurse-managed health centers to train family nurse practitioners to become primary care providers. The bill makes appropriations for capital projects under the community health centers program. The bill amends the Public Health Service Act to make appropriations for and extend indefinitely a program that pays teaching health centers to establish or expand graduate medical residency training programs. | Community Health Center and Primary Care Workforce Expansion Act of 2017 |
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