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SECTION 1. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
(a) In General.--Section 212(a)(10) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)), as redesignated and amended by
sections 301(b), 347(a), and 352(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-576, 3009-639, 3009-641), is amended by adding at the end the
following new subparagraph:
``(F) Nonpayment of child support.--Any alien is
inadmissible who is legally obligated under a judgment,
decree, or order to pay child support (as defined in
section 459(i) of the Social Security Act), and whose
failure to pay such child support has resulted in an
arrearage exceeding $5,000, until child support
payments under the judgment, decree, or order are
satisfied or the alien is in compliance with an
approved payment agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
to visas issued on or after 180 days after the date of the enactment of
this Act.
SEC. 2. REMOVAL OF ALIENS FOR NONPAYMENT OF CHILD SUPPORT.
(a) In General.--Section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)), as redesignated by section 305(a)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-598) is amended by adding at the
end the following:
``(7) Nonpayment of child support.--Any alien is deportable
who is legally obligated under a judgment, decree, or order to
pay child support (as defined in section 459(i) of the Social
Security Act), and whose failure to pay such child support has
resulted in an arrearage exceeding $5,000, until child support
payments under the judgment, decree, or order are satisfied or
the alien is in compliance with an approved payment
agreement.''.
(b) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 3. ALIENS INELIGIBLE FOR NATURALIZATION FOR NONPAYMENT OF CHILD
SUPPORT.
(a) In General.--Section 318 of the Immigration and Nationality Act
(8 U.S.C. 1429) is amended by adding at the end the following:
``No person shall be naturalized who is legally obligated under a
judgment, decree, or order to pay child support (as defined in section
459(i) of the Social Security Act), and whose failure to pay such child
support has resulted in any arrearage, until child support payments
under the judgment, decree, or order are satisfied or the alien is in
compliance with an approved payment agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
to applications for naturalization filed on or after 180 days after the
date of the enactment of this Act.
SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON
CERTAIN ARRIVING ALIENS.
(a) In General.--Section 235(d) of the Immigration and Nationality
Act (8 U.S.C. 1225(d)), as amended by section 302 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; 110 Stat. 3009-584), is amended by adding at the end the
following:
``(5) Authority to serve process in child support cases.--
``(A) In general.--To the extent consistent with
State law, immigration officers are authorized to serve
on any alien who is an applicant for admission to the
United States legal process with respect to any action
to enforce or establish a legal obligation of an
individual to pay child support (as defined in section
459(i) of the Social Security Act).
``(B) Definition.--For purposes of subparagraph
(A), the term `legal process' means any writ, order,
summons or other similar process, which is issued by--
``(i) a court or an administrative agency
of competent jurisdiction in any State,
territory, or possession of the United States;
or
(ii) an authorized official pursuant to an
order of such a court or agency or pursuant to
State or local law.''.
(b) Effective Date.--The amendment made by this section shall apply
to aliens applying for admission to the United States on or after 180
days after the date of the enactment of this Act.
SEC. 5. AUTHORITY TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY
ALIENS.
Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is
amended by adding at the end the following:
``(3) Provision to immigration and naturalization service
of information on persons delinquent in child support
payments.--On request by the Immigration and Naturalization
Service, the Secretary shall provide the Immigration and
Naturalization Service with such information in the Federal
Case Registry of Child Support Orders as may aid in determining
whether an alien is delinquent in the payment of child
support.''. | Amends the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to make certain aliens determined to be delinquent in child support payments inadmissable, deportable, and ineligible for naturalization.
Authorizes immigration officers to serve child support-related legal process on certain arriving aliens.
Amends the Social Security Act to provide for Immigration and Naturalization Service access to certain delinquent child support information. | To amend the Immigration and Nationality Act to make certain aliens determined to be delinquent in the payment of child support inadmissible, deportable, and ineligible for naturalization, to authorize immigration officers to serve process in child support cases on aliens entering the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chacoan Outliers Protection Act of
1994''.
SEC. 2. CONFORMING AMENDMENT.
Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended
by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San
Juan Basin and surrounding areas;''.
SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES.
Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is
amended to read as follows:
``(b)(1) Thirty-nine outlying sites as generally depicted on a map
entitled `Chaco Culture Archeological Protection Sites', numbered 310/
80,033-B and dated September 1991, are hereby designated as `Chaco
Culture Archeological Protection Sites'. The thirty-nine archeological
protection sites totaling approximately 14,372 acres identified as
follows:
``Name: Acres
Allentown.............................................. 380
Andrews Ranch.......................................... 950
Bee Burrow............................................. 480
Bisa'ani............................................... 131
Casa del Rio........................................... 40
Casamero............................................... 160
Chimney Rock........................................... 3,160
Coolidge............................................... 450
Dalton Pass............................................ 135
Dittert................................................ 480
Great Bend............................................. 26
Greenlee Ruin.......................................... 60
Grey Hill Spring....................................... 23
Guadalupe.............................................. 115
Halfway House.......................................... 40
Haystack............................................... 565
Hogback................................................ 453
Indian Creek........................................... 100
Jaquez................................................. 66
Kin Nizhoni............................................ 726
Lake Valley............................................ 30
Manuelito-Atsee Nitsaa................................. 60
Manuelito-Kin Hochoi................................... 116
Morris 41.............................................. 85
Muddy Water............................................ 1,090
Navajo Springs......................................... 260
Newcomb................................................ 50
Peach Springs.......................................... 1,046
Pierre's Site.......................................... 440
Raton Well............................................. 23
Salmon Ruin............................................ 5
San Mateo.............................................. 61
Sanostee............................................... 1,565
Section 8.............................................. 10
Skunk Springs/Crumbled House........................... 533
Standing Rock.......................................... 348
Toh-la-kai............................................. 10
Twin Angeles........................................... 40
Upper Kin Klizhin...................................... 60.
``(2) The map referred to in paragraph (1) shall be kept on file
and available for public inspection in the appropriate offices of the
National Park Service, the office of the State Director of the Bureau
of Land Management located in Santa Fe, New Mexico, the office of the
Area Director of the Bureau of Indian Affairs located in Window Rock,
Arizona, and the offices of the Arizona and New Mexico State Historic
Preservation Officers.''.
SEC. 4. ACQUISITIONS.
Section 504(c)(2) of Public Law 96-550 (16 U.S.C. 410ii-3(c)(2)) is
amended to read as follows:
``(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative
agreements (pursuant to section 505) to accomplish the purposes
of archeological resource protection at those sites described
in section 502(b) that remain in private ownership.''.
SEC. 5. ASSISTANCE TO THE NAVAJO NATION.
Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by
adding the following new subsection at the end thereof:
``(f) The Secretary, acting through the Director of the National
Park Service, shall assist the Navajo Nation in the protection and
management of those Chaco Culture Archeological Protection Sites
located on lands under the jurisdiction of the Navajo Nation through a
grant, contract, or cooperative agreement entered into pursuant to the
Indian Self-Determination and Education Act (Public Law 93-638), as
amended, to assist the Navajo Nation in site planning, resource
protection, interpretation, resource management actions, and such other
purposes as may be identified in such grant, contract, or cooperative
agreement. This cooperative assistance shall include assistance with
the development of a Navajo facility to serve those who seek to
appreciate the Chacoan Outlier Sites.''.
Passed the House of Representatives August 8, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Chacoan Outliers Protection Act of 1994 - Designates nine new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites.
Directs the Secretary of the Interior to use a combination of land acquisition authority and cooperative agreements to accomplish the purposes of archeological resource protection at such sites.
Directs the Secretary, acting through the Director of the National Park Service, to assist the Navajo Nation in the: (1) protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act; and (2) development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites. | Chacoan Outliers Protection Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Clean Air Act of 2001''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier, aircraft, and air transportation.--The
terms ``air carrier'', ``aircraft'', and ``air transportation''
have the meaning such terms have under section 40102 of title
49, United States Code.
(3) Aircraft air quality incident.--The term ``aircraft air
quality incident'' means an incident in an aircraft used in air
transportation which results in crew members or passengers
reporting a symptom that is consistent with exposure to
neurotoxins or asphyxiants. Such symptoms include dizziness,
fainting, disorientation, memory loss, peripheral neuropathy,
muscle tremors, muscle twitching, or tunnel vision.
(4) Mechanical and maintenance records.--The term
``mechanical and maintenance records'' with respect to an
aircraft involved in an aircraft air quality incident includes
records regarding the use of, and any loss or leakage of,
hydraulic fluids, lubrication oils, or fuel, and records
regarding any repairs that are, or could be, reported under the
Air Transport Association Specifications, including chapter
2100 (Air Conditioning), chapter 2900 (Hydraulic Power),
chapter 3600 (Pneumatics), chapter 4900 (Airborne Auxiliary
Power), and chapter 7200 (Engine).
SEC. 3. DISCLOSURE OF MAINTENANCE RECORDS.
(a) Request Made to Administrator.--
(1) In general.--Any crew member, passenger, or their
representative that experiences an aircraft air quality
incident may file, not later than 30 days after the incident, a
request with the Administrator for the mechanical and
maintenance records of the aircraft involved in the aircraft
air quality incident. The request may cover records with
respect to the aircraft for the 90-day period preceding the
incident and the 30-day period following the incident.
(2) Special rule for previous 5-year period.--Any crew
member, passenger, or their representative that experienced an
aircraft air quality incident in the 5-year period preceding
the date of enactment of this Act may file a request with the
Administrator for the mechanical and maintenance records of the
aircraft involved in the aircraft air quality incident if the
request is made not later than 90 calendar days after the date
of enactment of this Act.
(3) Verification by health care professional.--A request
described in paragraph (1) must include a statement by a health
care professional verifying that the individual making the
request reported at least 1 symptom described in section 2(3).
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Information To Be Disclosed.--An air carrier that receives a
request described in subsection (a) shall provide the requested records
to the individual making that request--
(1) not later than 15 calendar days after receiving the
request described in subsection (a)(1); or
(2) not later than 30 calendar days after receiving a
request described in subsection (a)(2).
(d) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce any
records requested pursuant to this section shall be subject to
a civil penalty of $1,000 for each day that the air carrier
fails to produce the records.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph (B) of such
section 1(f)(3).
(e) Retention of Mechanical and Maintenance Records.--The
Administrator shall require that air carriers retain mechanical and
maintenance records for a period of not less than 5 years, or for such
longer period if required under any other provision of law.
(f) Retention of Related Materials and Documents.--The
Administrator shall require that air carriers retain all reports,
investigative documents, studies, data, memos, and letters relating to
or arising from any complaint, report, or request regarding air quality
on aircraft for a period of not less than 10 years.
SEC. 4. RELEASE OF FILTRATION MEDIA.
(a) Request Made to Administrator.--
(1) In general.--Any crew member, passenger, or their
representative that experiences an aircraft air quality
incident may file a request with the Administrator not later
than 30 days after the incident for the filtration media used
in the air supply system of the aircraft involved in that
aircraft air quality incident.
(2) Verification by health care professional.--A request
described in paragraph (1) must include a statement by a health
care professional verifying that the individual making the
request reported at least 1 symptom described in section 2(3).
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Media To Be Provided.--An air carrier that receives a request
described in subsection (a) shall provide the filtration media to the
Administrator not later than 30 calendar days after replacing the
requested filtration media.
(d) Action by Administrator.--
(1) In general.--Not later than 30 days after receipt of
filtration media under subsection (c), the Administrator
shall--
(A) analyze the media to determine the content and
chemical properties of any materials contained in the
filtration media; and
(B) provide the results of the analysis performed
under subparagraph (A) to the individual making the
request in subsection (a).
(2) Retention of information.--The Administrator shall
retain the results of any analysis performed under paragraph
(1) for a period of not less than 5 years.
(e) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce a
filtration media requested pursuant to this section shall be
subject to a civil penalty of $1,000 for each day that the air
carrier fails to produce the media.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph
(B) of such section 1(f)(3).
(f) Retention of Filtration Media.--The Administrator shall require
that an air carrier retain and properly store all filtration media for
a period of not less than 45 days after any filtration media is
replaced.
SEC. 5. DISCLOSURE OF INFORMATION ON PRODUCTS USED IN THE MAINTENANCE,
OPERATION, OR TREATMENT OF AIRCRAFT.
(a) Request Made to the Administrator.--
(1) In general.--Any crew member, passenger, or their
representative may file a request with the Administrator for
information on the chemical constituents of products (either
alone or in combination, including the byproducts generated by
thermal degradation or decomposition of those products) used in
the maintenance, operation, or treatment of aircraft to which a
crew member or passenger may be or may have been directly
exposed.
(2) Special rule for the previous 5-year period.--Any crew
member, passenger, or their representative may file a request
with the Administrator for the information described in
paragraph (1) regarding a product that was used during the 5-
year period preceding the date of enactment of this Act if the
request is made not later than 90 calendar days after the date
of enactment of this Act.
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Information To Be Disclosed.--
(1) In general.--An air carrier that receives a request
described in subsection (a) shall provide the information to
the individual making that request--
(A) not later than 15 calendar days after receiving
a request described in subsection (a)(1); and
(B) not later than 30 days after receiving a
request described in subsection (a)(2).
(2) Information to be included.--An air carrier shall
provide to a person making a request described in subsection
(a) the following:
(A) Information on the toxicity and toxicology of
the products described in subsection (a).
(B) Any report of an aircraft air quality incident,
including any first aid and medical treatment or tests
required by any person in connection with the aircraft
air quality incident.
(C) Any monitoring data, including measurements of
exposures of personnel in the work environment,
measurements of ambient air and surface contamination
in the work environment, and in-duct measurements.
(D) All reports, investigative documents, studies,
memos, and letters related to or arising from any
complaint, report, or request regarding air quality on
aircraft.
(E) Any health or symptom survey distributed to
crew members.
(d) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce any
information requested pursuant to this section shall be subject
to a civil penalty of $1,000 for each day that the carrier
fails to produce the information.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph
(B) of such section 1(f)(3).
(e) Retention of Information on Products and Byproducts.--The
Administrator shall require that an air carrier retain the records
described in this section for a period of not less than 5 years, or for
such longer period as is under any other provision of law.
(f) Relationship to Other Disclosures.--The information required to
be provided under this section shall be provided to the crew member,
passenger, or their representative in addition to any information
provided in the material safety data sheet.
SEC. 6. CABIN PRESSURIZATION.
(a) Study of Cabin Oxygen Levels.--The Administrator, in
consultation with the National Academy of Sciences Committee on Air
Quality in Passenger Cabins of Commercial Aircraft, shall award a grant
to an eligible applicant described in subsection (b) to conduct an
aeromedical research study to determine what cabin altitude must be
maintained to provide sufficient oxygen to ensure that the short- and
long-term health of 95 percent of a representative sample of cabin crew
and passengers is not adversely affected.
(b) Eligible Applicant.--An eligible applicant described in this
subsection is an expert in an appropriate academic field who is
affiliated with a school of public or occupational health that does not
receive funding from the airline industry.
(c) Elements of the Study.--The study shall include--
(1) measurements of blood oxygen saturation collected at
cabin altitudes that range from 5,000 to 8,000 feet from a
sample of crew members and passengers selected to represent the
range of weight and health considerations that could affect
blood oxygen transport (including cardiovascular and
respiratory conditions); and
(2) a review of existing data and published literature.
(d) Report.--The eligible applicant selected to receive the grant
under this section shall complete the study and submit a report
regarding the results of the study to the Administrator not later than
18 months after the receipt of the grant funds. | Aircraft Clean Air Act of 2001 - Authorizes crew members or passengers that experience an aircraft air quality incident which results in their reporting a symptom consistent with exposure to neurotoxins or asphyxiants to file a request with the Administrator of the Federal Aviation Administration (FAA) for: (1) the aircraft's mechanical and maintenance records; (2) the filtration media used in the aircraft's air supply system; and (3) the chemical constituents of products used in the maintenance, operation, or treatment of such aircraft to which a crew member or passenger may have been directly exposed. Sets forth a civil penalty for the failure of an air carrier to produce such records, media, or information.Directs the Administrator of the FAA to award a grant for an aeromedical research study to determine what cabin altitude must be maintained to provide sufficient oxygen to ensure that the short- and long-term health of 95 percent of a representative sample of cabin crew and passengers is not adversely affected. | To provide for monitoring of aircraft air quality, to require air carriers to produce certain mechanical and maintenance records, and for other purposes. |
SECTION 1. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP ACTIVITY,
WINTER HARBOR, MAINE.
(a) Transfer of Jurisdiction of Schoodic Point Property
Authorized.--(1) The Secretary of the Navy may transfer, without
consideration, to the Secretary of the Interior administrative
jurisdiction of a parcel of real property, including any improvements
thereon and appurtenances thereto, consisting of approximately 26 acres
as generally depicted as Tract 15-116 on the map entitled ``Acadia
National Park Schoodic Point Area'', numbered 123/80,418 and dated May
2001. The map shall be on file and available for inspection in the
appropriate offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur, if at
all, concurrently with the reversion of administrative jurisdiction of
a parcel of real property consisting of approximately 71 acres, as
depicted as Tract 15-115 on the map referred to in paragraph (1), from
the Secretary of the Navy to the Secretary of the Interior as
authorized by Public Law 80-260 (61 Stat. 519) and to be executed on or
about June 30, 2002.
(b) Conveyance of Corea and Winter Harbor Properties Authorized.--
The Secretary of the Navy may convey, without consideration, to the
State of Maine, any political subdivision of the State of Maine, or any
tax-supported agency in the State of Maine, all right, title, and
interest of the United States in and to any of the parcels of real
property, including any improvements thereon and appurtenances thereto,
consisting of approximately 485 acres and comprising the former
facilities of the Naval Security Group Activity, Winter Harbor, Maine,
located in Hancock County, Maine, except for the real property
described in subsection (a)(1).
(c) Transfer of Personal Property.--The Secretary of the Navy shall
transfer, without consideration, to the Secretary of the Interior in
the case of the real property transferred under subsection (a), or to
any recipient of such real property in the case of real property
conveyed under subsection (b), any or all personal property associated
with such real property so transferred or conveyed, including--
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue the
maintenance of the infrastructure of such real property,
including the generators and an uninterrupted power supply in
building 154 at the Corea site.
(d) Maintenance of Property Pending Conveyance.--The Secretary of
the Navy shall maintain any real property, including any improvements
thereon, appurtenances thereto, and supporting infrastructure, to be
conveyed under subsection (b) in accordance with the protection and
maintenance standards specified in section 101-47.4913 of title 41,
Code of Federal Regulations, until the earlier of--
(1) the date of the conveyance of such real property under
subsection (b); or
(2) September 30, 2003.
(e) Interim Lease.--(1) Until such time as any parcel of real
property to be conveyed under subsection (b) is conveyed by deed under
that subsection, the Secretary of the Navy may lease such parcel to any
person or entity determined by the Secretary to be an appropriate
lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1) shall be the
amount determined by the Secretary to be appropriate, and may be an
amount less than the fair market value of the lease.
(3) Notwithstanding any other provision of law, the Secretary shall
credit any amount received for a lease of real property under paragraph
(1) to the appropriation or account providing funds for the operation
and maintenance of such property or for the procurement of utility
services for such property. Amounts so credited shall be merged with
funds in the appropriation or account to which credited, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as the funds with which merged.
(f) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary of the Navy may require each recipient of real property
conveyed under subsection (b) to reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such property
before completing the conveyance under that subsection.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary, but may not exceed the cost of
the assessment, study, or analysis for which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection (a), and
each parcel of real property conveyed under subsection (b), shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of any survey under the preceding sentence for real property
conveyed under subsection (b) shall be borne by the recipient of the
real property.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with any
conveyance under subsection (b), and any lease under subsection (e), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2. TRANSFER OF FUNDS TO DEPARTMENT OF THE INTERIOR.
The Secretary of Defense shall transfer to the Secretary of the
Interior amounts as follows:
(1) $5,000,000 for purposes of capital investments for the
development of a research and education center at Acadia
National Park, Maine.
(2) $1,400,000 for purposes of operation and maintenance
activities at Acadia National Park, Maine.
SEC. 3. FINANCIAL ASSISTANCE.
(a) Grant Assistance for Town of Winter Harbor.--(1) The Secretary
of the Navy shall, by grant, provide financial assistance to the Town
of Winter Harbor, Maine (in this subsection referred to as the
``Town''), in each of fiscal years 2002, 2003, and 2004, for the
purpose of reimbursing the Town for costs incurred in making
improvements to the water and sewer systems of the Town for the benefit
of the Naval Security Group Activity, Winter Harbor, Maine, located in
Hancock County, Maine.
(2) The amount of the grant under paragraph (1) in fiscal year 2002
shall be $68,000.
(3) The amount of the grant under paragraph (1) in each of fiscal
years 2003 and 2004 shall be the amount, not to exceed $68,000, jointly
determined by the Secretary and the Town to be appropriate to reimburse
the Town as described in that paragraph in the applicable fiscal year.
(b) Grant Assistance for School Administrative District.--(1) The
Secretary shall, by grant, provide financial assistance to the School
Administrative District (SAD) operating Sumner High School, Sullivan,
Maine.
(2) The purpose of the grant is to offset the loss of impact aid
under title VIII of the Elementary and Secondary Education Act of 1965
that the local educational agency experienced for fiscal years 2000 and
2001 as a result of the closure of the Naval Security Group Activity,
Winter Harbor, Maine.
(3) The amount of the grant under paragraph (1) shall be $86,000.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Transfers of Funds to Department of Interior.--There is hereby
authorized to be appropriated for the Department of Defense for fiscal
year 2002, $6,400,000 for purposes of the transfers of funds required
by section 2.
(b) Grants.--There is hereby authorized to be appropriated for the
Department of the Navy for purposes of the grants required by section
3, amounts as follows:
(1) For fiscal year 2002, $154,000.
(2) For each of fiscal years 2003 and 2004, such amounts as
may be necessary.
(c) Supplement Not Supplant.--The amounts authorized to be
appropriated by this section for the Department of Defense, or for the
Department of the Navy, for a fiscal year are in addition to any other
amounts authorized to be appropriated for such Department for such
fiscal year under any other provision of law.
(d) Availability.--Amounts authorized to be appropriated by this
section for a fiscal year shall remain available until expended,
without fiscal year limitation. | Authorizes the Secretary of the Navy to transfer to: (1) the Secretary of the Interior administrative jurisdiction over specified property at the Naval Security Group Activity, Winter Harbor, Maine concurrently with the reversion of administrative jurisdiction over other specified property from the Secretary of the Navy to the Secretary of the Interior; and (2) the State of Maine, or any political subdivision or tax-supported agency therein, the former facilities of such Security Group Activity, except for the property transferred above. Requires the Secretary to maintain the facilities to be transferred until the earlier of the date of transfer or September 30, 2003. Authorizes the Secretary to lease such property to any appropriate entity in the interim. Requires reimbursement to the Secretary for the costs of any environmental assessment, study, or analysis.Directs the Secretary of Defense to transfer to the Secretary of the Interior specified amounts for: (1) the development of a research and education center at Acadia National Park, Maine; and (2) operation and maintenance activities there.Directs the Secretary of the Navy to provide financial assistance to Winter Harbor in each of FY 2002 through 2004 as reimbursement for costs incurred in making water and sewage system improvements for the benefit of the Group Activity there. | A bill to authorize the transfer and conveyance of real property at the Naval Security Group Activity, Winter Harbor, Maine, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Psoriasis and Psoriatic Arthritis
Research, Cure, and Care Act of 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Expansion of biomedical research.
Sec. 5. Psoriasis and psoriatic arthritis data collection and national
patient registry.
Sec. 6. National summit.
Sec. 7. Study and report by the Institute of Medicine.
Sec. 8. Authorization of appropriations.
SEC. 3. FINDINGS.
The Congress finds as follows:
(1) Psoriasis and psoriatic arthritis are autoimmune,
chronic, inflammatory, painful, disfiguring, and life-altering
diseases that require life-long sophisticated medical
intervention and care and have no cure.
(2) Psoriasis and psoriatic arthritis affect as many as
7,500,000 men, women, and children of all ages and have an
adverse impact on the quality of life for virtually all
affected.
(3) Psoriasis often is overlooked or dismissed because it
does not cause death. Psoriasis is commonly and incorrectly
considered by insurers, employers, policymakers, and the public
as a mere annoyance, a superficial problem, mistakenly thought
to be contagious and due to poor hygiene. Treatment for
psoriasis often is categorized, wrongly, as ``life-style'' and
not ``medically necessary.''
(4) Psoriasis goes hand-in-hand with myriad co-morbidities
such as Crohn's disease, diabetes, metabolic syndrome, obesity,
hypertension, heart attack, cardiovascular disease, liver
disease, and psoriatic arthritis, which occurs in 10 to 30
percent of people with psoriasis.
(5) The National Institute of Mental Health funded a study
that found that psoriasis may cause as much physical and mental
disability as other major diseases, including cancer,
arthritis, hypertension, heart disease, diabetes, and
depression.
(6) Psoriasis is associated with elevated rates of
depression and suicidal ideation.
(7) The risk of premature death is 50 percent higher for
individuals with severe psoriasis than for individuals without
any form of psoriasis.
(8) Total direct and indirect health care costs of
psoriasis are calculated at over $11,250,000,000 annually with
work loss accounting for 40 percent of the cost burden.
(9) Early diagnosis and treatment of psoriatic arthritis
may help prevent irreversible joint damage.
(10) Treating psoriasis and psoriatic arthritis presents a
challenge for patients and their health care providers because
no one treatment works for everyone, some treatments lose
effectiveness over time, many treatments are used in
combination with others, and all treatments may cause a unique
set of side effects.
(11) Although new and more effective treatments finally are
becoming available, too many people do not yet have access to
the types of therapies that may make a significant difference
in the quality of their lives.
(12) Psoriasis and psoriatic arthritis constitute a
significant national health issue that deserves a comprehensive
and coordinated response by Federal and State governments with
involvement of the health care provider, patient, and public
health communities.
SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the National Institutes of Health, shall continue to expand and
intensify research and related activities of the Institutes with
respect to psoriasis and psoriatic arthritis.
(b) Research by National Institute of Arthritis and Musculoskeletal
and Skin Diseases.--
(1) In general.--The directors of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases and the
National Institute of Allergy and Infectious Diseases shall
continue to conduct and support research to expand
understanding of the causes of, and to find a cure for,
psoriasis and psoriatic arthritis, including the following:
(A) Basic research to discover the pathogenesis and
pathophysiology of the disease.
(B) Expansion of molecular biology and immunology
studies, including additional animal models.
(C) Global association mapping with single
nucleotide polymorphisms.
(D) Identification of environmental triggers and
autoantigens in psoriasis.
(E) Elucidation of specific immunologic cells and
their products involved.
(F) Pharmcogenetic studies to understand the
molecular basis for varying patient response to
treatment.
(G) Identification of genetic markers of psoriatic
arthritis susceptibility.
(H) Research to increase understanding of joint
inflammation and destruction in psoriatic arthritis.
(I) Investigator-initiated clinical research for
the development and evaluation of new treatments,
including new biological agents.
(J) Research to develop enhanced diagnostic tests
that allow for earlier diagnosis of psoriasis and
improved outcomes.
(K) Research to increase understanding of the
epidemiology and pathophysiology of co-morbidities
associated with psoriasis, including shared molecular
pathways.
(2) Coordination with other institutes.--In carrying out
paragraph (1), the directors of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases and the
National Institute of Allergy and Infectious Diseases shall
coordinate the activities of such Institutes with the
activities of other national research institutes and other
agencies and offices of the National Institutes of Health
relating to psoriasis or psoriatic arthritis.
SEC. 5. PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION AND NATIONAL
PATIENT REGISTRY.
The Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in collaboration with a national
organization serving people with psoriasis and psoriatic arthritis,
shall undertake psoriasis and psoriatic arthritis data collection and
develop a psoriasis and psoriatic arthritis patient registry.
SEC. 6. NATIONAL SUMMIT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary is encouraged to convene a summit
on the Federal Government's current and future efforts, and the
initiatives necessary to fill any gaps, with respect to the conduct or
support of psoriasis and psoriatic arthritis research, treatment,
education, quality-of-life, and data collection activities. The summit
should also address psoriasis and psoriatic arthritis related co-
morbidities and should include researchers, public health
professionals, representatives of voluntary health agencies and patient
advocacy organizations, representatives of academic institutions,
representatives from the pharmaceutical and medical research industry,
and Federal and State policymakers, including representatives of the
Agency for Healthcare Research and Quality, the Centers for Disease
Control and Prevention, the Food and Drug Administration, and the
National Institutes of Health.
(b) Focus.--The summit convened under this section should focus
on--
(1) a broad range of research activities relating to
biomedical, epidemiological, psychosocial, and rehabilitative
issues;
(2) clinical research for the development and evaluation of
new treatments, including new biological agents;
(3) translational research;
(4) information and education programs for health care
professionals and the public;
(5) priorities among the programs and activities of the
various Federal agencies involved in psoriasis and psoriatic
arthritis and related co-morbidities; and
(6) challenges, opportunities, and recommendations for
scientists, clinicians, patients, and voluntary organizations.
(c) Report to Congress.--Not later than 180 days after the first
day of the summit convened under this section, the Secretary shall
submit to the Congress and make publicly available a report that
includes a description of--
(1) the proceedings at the summit; and
(2) recommendations related to the research, treatment,
education, and quality-of-life activities conducted or
supported by the Federal Government with respect to psoriasis
and psoriatic arthritis, including psoriasis and psoriatic
arthritis related co-morbidities.
SEC. 7. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.
(a) In General.--The Secretary shall enter into an agreement with
the Institute of Medicine to conduct a study on the following:
(1) The extent to which public and private insurers cover
prescription medications and other treatments for psoriasis and
psoriatic arthritis.
(2) The payment structures, such as deductibles and co-
payments, and the amounts and duration of coverage under health
plans and their adequacy to cover the costs of providing
ongoing care to, and ensure access for, patients with psoriasis
and psoriatic arthritis.
(3) Health plan and insurer coverage policies and
practices, including life-time caps, and their impact on the
access of such patients to the best regimen and most
appropriate care for their particular disease state.
(b) Report.--The agreement entered into under subsection (a) shall
provide for the Institute of Medicine to submit to the Secretary and
the Congress, not later than 18 months after the date of the enactment
of this Act, a report containing a description of--
(1) the results of the study conducted under this section;
and
(2) the conclusions and recommendations of the Institute of
Medicine regarding each of the issues described in paragraphs
(1) through (3) of subsection (a).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2010 through 2014. | Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2009 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to continue to expand and intensify research and related NIH activities with respect to psoriasis and psoriatic arthritis.
Requires the Directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergy and Infectious Diseases to continue to conduct and support research to expand understanding of the causes of, and to find a cure for, psoriasis and psoriatic arthritis.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to undertake psoriasis and psoriatic arthritis data collection and develop a psoriasis and psoriatic arthritis patient registry.
Encourages the Secretary to convene a summit on federal efforts regarding psoriasis and psoriatic arthritis research, treatment, education, quality-of-life, and data collection.
Directs the Secretary to enter into an agreement with the Institutes of Medicine to study insurance coverage of psoriasis and psoriatic arthritis. | To strengthen the Nation's research efforts to identify the causes and cure of psoriasis and psoriatic arthritis, expand psoriasis and psoriatic arthritis data collection, and study access to and quality of care for people with psoriasis and psoriatic arthritis, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentoring for Success Act''.
SEC. 2. GRANTS TO SUPPORT MENTORING PROGRAMS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART M--MENTORING PROGRAMS
``SEC. 10999P. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Child with greatest need.--The term `child with
greatest need' means a child at risk of educational failure,
dropping out of school, or involvement in criminal or
delinquent activities, or that has lack of strong positive
adult role models.
``(2) Mentor.--The term `mentor' means an individual who
works with a child to provide a positive role model for the
child, to establish a supportive relationship with the child,
and to provide the child with academic assistance and exposure
to new experiences and examples of opportunity that enhance the
ability of the child to become a responsible adult.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 10999Q. PURPOSES.
``The purposes of this part are to make assistance available to
promote mentoring programs for children with greatest need--
``(1) to assist such children in receiving support and
guidance from a caring adult;
``(2) to improve the academic performance of such children;
``(3) to improve interpersonal relationships between such
children and their peers, teachers, other adults, and family
members;
``(4) to reduce the dropout rate of such children; and
``(5) to reduce juvenile delinquency and involvement in
gangs by such children.
``SEC. 10999R. GRANT PROGRAM.
``(a) In General.--In accordance with this section, the Secretary
may make grants to eligible entities to assist such entities in
establishing and supporting mentoring programs and activities that--
``(1) are designed to link children with greatest need
(particularly such children living in rural areas, high crime
areas, or troubled home environments, or such children
experiencing educational failure) with responsible adults,
who--
``(A) have received training and support in
mentoring;
``(B) have been screened using appropriate
reference checks, child and domestic abuse record
checks, and criminal background checks; and
``(C) are interested in working with youth; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to children with
greatest need.
``(B) Promote personal and social responsibility
among children with greatest need.
``(C) Increase participation by children with
greatest need in, and enhance their ability to benefit
from, elementary and secondary education.
``(D) Discourage illegal use of drugs and alcohol,
violence, use of dangerous weapons, promiscuous
behavior, and other criminal, harmful, or potentially
harmful activity by children with greatest need.
``(E) Encourage children with greatest need to
participate in community service and community
activities.
``(F) Encourage children with greatest need to set
goals for themselves or to plan for their futures,
including encouraging such children to make graduation
from secondary school a goal and to make plans for
postsecondary education or training.
``(G) Discourage involvement of children with
greatest need in gangs.
``(b) Eligible Entities.--Each of the following is an entity
eligible to receive a grant under subsection (a):
``(1) A local educational agency.
``(2) A nonprofit, community-based organization.
``(3) A partnership between an agency referred to in
paragraph (1) and an organization referred to in paragraph (2).
``(c) Use of Funds.--
``(1) In general.--Each entity receiving a grant under this
section shall use the grant funds for activities that establish
or implement a mentoring program, including--
``(A) hiring of mentoring coordinators and support
staff;
``(B) providing for the professional development of
mentoring coordinators and support staff;
``(C) recruitment, screening, and training of adult
mentors;
``(D) reimbursement of schools, if appropriate, for
the use of school materials or supplies in carrying out
the program;
``(E) dissemination of outreach materials;
``(F) evaluation of the program using
scientifically based methods; and
``(G) such other activities as the Secretary may
reasonably prescribe by rule.
``(2) Prohibited uses.--Notwithstanding paragraph (1), an
entity receiving a grant under this section may not use the
grant funds--
``(A) to directly compensate mentors;
``(B) to obtain educational or other materials or
equipment that would otherwise be used in the ordinary
course of the entity's operations;
``(C) to support litigation of any kind; or
``(D) for any other purpose reasonably prohibited
by the Secretary by rule.
``(d) Term of Grant.--Each grant made under this section shall be
available for expenditure for a period of 3 years.
``(e) Application.--Each eligible entity seeking a grant under this
section shall submit to the Secretary an application that includes--
``(1) a description of the mentoring plan the applicant
proposes to carry out with such grant;
``(2) information on the children expected to be served by
the mentoring program for which such grant is sought;
``(3) a description of the mechanism that applicant will
use to match children with mentors based on the needs of the
children;
``(4) an assurance that no mentor will be assigned to
mentor so many children that the assignment would undermine
either the mentor's ability to be an effective mentor or the
mentor's ability to establish a close relationship (a one-on-
one relationship, where practicable) with each mentored child;
``(5) an assurance that mentoring programs will provide
children with a variety of experiences and support, including--
``(A) emotional support;
``(B) academic assistance; and
``(C) exposure to experiences that children might
not otherwise encounter on their own;
``(6) an assurance that mentoring programs will be
monitored to ensure that each child assigned a mentor benefits
from that assignment and that there will be a provision for the
assignment of a new mentor if the relationship between the
original mentor is not beneficial to the child;
``(7) information on the method by which mentors and
children will be recruited to the mentor program;
``(8) information on the method by which prospective
mentors will be screened;
``(9) information on the training that will be provided to
mentors; and
``(10) information on the system that the applicant will
use to manage and monitor information relating to the program's
reference checks, child and domestic abuse record checks, and
criminal background checks and to its procedure for matching
children with mentors.
``(f) Selection.--
``(1) Competitive basis.--In accordance with this
subsection, the Secretary shall select grant recipients from
among qualified applicants on a competitive basis.
``(2) Priority.--In selecting grant recipients under
paragraph (1), the Secretary shall give priority to each
applicant that--
``(A) serves children with greatest need living in
rural areas, high crime areas, or troubled home
environments, or who attend schools with violence
problems;
``(B) provides background screening of mentors,
training of mentors, and technical assistance in
carrying out mentoring programs;
``(C) proposes a mentoring program under which each
mentor will be assigned to not more children than the
mentor can serve effectively; or
``(D) proposes a school-based mentoring program.
``(3) Other considerations.--In selecting grant recipients
under paragraph (1), the Secretary shall also consider--
``(A) the degree to which the location of the
programs proposed by each applicant contributes to a
fair distribution of programs with respect to urban and
rural locations;
``(B) the quality of the mentoring programs
proposed by each applicant, including--
``(i) the resources, if any, the applicant
will dedicate to providing children with
opportunities for job training or postsecondary
education;
``(ii) the degree to which parents,
teachers, community-based organizations, and
the local community have participated, or will
participate, in the design and implementation
of the applicant's mentoring program;
``(iii) the degree to which the applicant
can ensure that mentors will develop
longstanding relationships with the children
they mentor;
``(iv) the degree to which the applicant
will serve children with greatest need in the
4th, 5th, 6th, 7th, and 8th grades; and
``(v) the degree to which the program will
continue to serve children from the 4th grade
through graduation from secondary school; and
``(C) the capability of each applicant to
effectively implement its mentoring program.
``(4) Grant to each state.--Notwithstanding any other
provision of this subsection, in selecting grant recipients
under paragraph (1), the Secretary shall select not less than 1
grant recipient from each State for which there is a qualified
applicant.
``(g) Model Screening Guidelines.--
``(1) In general.--Based on model screening guidelines
developed by the Office of Juvenile Programs of the Department
of Justice, the Secretary shall develop and distribute to
program participants specific model guidelines for the
screening of mentors who seek to participate in programs to be
assisted under this part.
``(2) Background checks.--The guidelines developed under
this subsection shall include, at a minimum, a requirement that
potential mentors be subject to reference checks, child and
domestic abuse record checks, and criminal background checks.
``SEC. 10999S. STUDY BY GENERAL ACCOUNTING OFFICE.
``(a) In General.--The Comptroller General of the United States
shall conduct a study to identify successful school-based mentoring
programs, and the elements, policies, or procedures of such programs
that can be replicated.
``(b) Report.--Not later than 3 years after the date of enactment
of the Mentoring for Success Act, the Comptroller General shall submit
a report to the Secretary and Congress containing the results of the
study conducted under this section.
``(c) Use of Information.--The Secretary shall use information
contained in the report referred to in subsection (b)--
``(1) to improve the quality of existing mentoring programs
assisted under this part and other mentoring programs assisted
under this Act; and
``(2) to develop models for new programs to be assisted or
carried out under this Act.
``SEC. 10999T. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out section
10999R $100,000,000 for each of fiscal years 2002 through 2004.''. | Mentoring for Success Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make competitive grants to establish and support mentoring programs and activities designed to link children with greatest need with responsible adults and to achieve specified goals.Makes eligible for such grants: (1) local educational agencies; (2) nonprofit community-based organizations; or (3) partnerships between such an agency and such an organization. Requires selection of at least one grant recipient in each State for which there is a qualified applicant.Directs the Comptroller General to study and report to the Secretary and to Congress on successful school-based mentoring programs. | To amend the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to support local mentoring programs for children in need, and for other purposes. |
SECTION 1. PROLIFERATOR DESUBSIDIZATION.
(a) Annual Report.--The Director of Central Intelligence shall
submit an annual report to the Members of Congress specified in
subsection (f) containing the information described in subsection (b).
The first such report shall be submitted not later than 30 days after
the date of the enactment of this Act and subsequent reports shall be
submitted annually thereafter. Each such report shall be submitted in
classified form.
(b) Identification of Foreign Entities Transferring Items or
Technologies.--Each report shall identify each covered entity which
during the preceding 2 years transferred a controlled item to another
entity for use in any of the following:
(1) A missile project of concern (as determined by the
Director of Central Intelligence).
(2) Activities to develop, produce, stockpile, or deliver
chemical or biological weapons.
(3) Nuclear activities in countries that do not maintain
full scope International Atomic Energy Agency safeguards or
equivalent full scope safeguards.
(c) Prohibition of Subsidies for Proliferator Entities.--Subject to
subsection (d), the following shall be applicable with respect to each
entity identified in the most recent report under subsection (a):
(1) The Export-Import Bank of the United States may not
issue any guarantee, insurance, or extension of credit, or
approve any participation in an extension of credit, that would
be used to conduct business with that entity.
(2) The Overseas Private Investment Corporation may not
issue any insurance, reinsurance, or guarantee, or provide any
financing, that would be used to conduct business with that
entity.
(3) No license may be approved for the transfer to that
entity of--
(A) any controlled item;
(B) any other item for which a validated license is
required under section 5, 6(l), or 6(m) of the Export
Administration Act of 1979 or for which a validated
license is required under that Act pursuant to section
309(c) of the Nuclear Non-Proliferation Act of 1978;
(C) any other item on the United States Munitions
List; or
(D) any other item controlled for export under the
Atomic Energy Act of 1954.
(4) The Secretary of Energy may not approve a request under
section 57b.(2) of the Atomic Energy Act of 1954 to engage,
directly or indirectly, in the production of special nuclear
material by that entity.
(d) Removal of Prohibition.--The prohibition under subsection (c)
shall cease to apply with respect to an entity if the Director of
Central Intelligence submits a certification in writing to the Members
of Congress specified in subsection (f) that the entity has ceased to
make transfers described in subsection (b) and is unlikely to resume
such transfers.
(e) Definitions.--For the purposes of this section:
(1) Controlled item.--(A) The term ``controlled item''
means any of the following items (including technology):
(i) Any item on the MTCR Annex.
(ii) An item listed for control by the Australia
Group.
(iii) Any item listed for control by the Nuclear
Suppliers Group.
(B) Australia group.--The term ``Australia Group'' means
the multilateral regime in which the United States participates
that seeks to prevent the proliferation of chemical and
biological weapons.
(C) MTCR annex.--The term ``MTCR Annex'' has the meaning
given that term in section 74 of the Arms Export Control Act
(22 U.S.C. 2797c).
(D) Nuclear suppliers' group.--The term ``Nuclear
Suppliers' Group'' means the multilateral arrangement in which
the United States participates whose purpose is to restrict the
transfers of items with relevance to the nuclear fuel cycle or
nuclear explosive applications.
(2) Covered entity.--The term ``covered entity'' means a
foreign person, corporation, business association, partnership,
society, trust, or other nongovernmental organization or group
or any government entity operating as a business. Such term
includes any successor to any such entity.
(3) Missile project.--(A) The term ``missile project''
means a project or facility for the design, development, or
manufacture of a missile.
(B) The term ``missile'' has the meaning given that term in
section 74 of the Arms Export Control Act (22 U.S.C. 2797c).
(f) Specified Members of Congress.--The Members of Congress
referred to in this subsection are the following:
(1) The chairman and ranking minority party member of the
following committees of the House of Representatives: the
Committee on International Relations, the Committee on National
Security, the Permanent Select Committee on Intelligence, and
the Committee on Appropriations.
(2) The chairman and ranking minority party member of the
following committees of the Senate: the Committee on Foreign
Relations, the Committee on Armed Services, the Select
Committee on Intelligence, the Committee on Appropriations, and
the Committee on Governmental Affairs. | Requires the Director of Central Intelligence (DCI) to submit to the chairmen and ranking minority members of specified congressional committees an annual report identifying each foreign entity which, during the preceding two years, transferred a controlled item (any of certain items listed on nuclear supplies lists or chemical or biological weapons) to another entity for: (1) a missile project of concern; (2) activities to develop, produce, stockpile, or deliver chemical or biological weapons; or (3) nuclear activities in countries that do not maintain full International Atomic Energy Agency safeguards or equivalent full scope safeguards.
Prohibits certain economic and export subsidies with respect to identified countries. Waives such prohibition if the DCI certifies to such members that the entity has ceased to make such transfers and is unlikely to resume doing so. | To end American subsidization of entities contributing to weapons proliferation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Arson Deterrence and
Fire Containment Act of 1993''.
SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM.
There are authorized to be appropriated $15,000,000 for the
modernization or replacement of the Modular Airborne Fire Fighting
System used by the United States Forest Service.
SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME.
The Forest Service in the Department of Agriculture, in
consultation with local fire chiefs, and other fire and arson experts,
shall prepare of study of additional means of improving airborne fire
fighting response time, including whether there are any legal
impediments that (such as private contracting requirements) which
materially delay fire fighting response reaction time. The Forest
Service shall report the results of such study to Congress not later
than one year after the date of the enactment of this Act.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS.
(a) Malicious Use of Fire or Explosive.--
(1) Federal property.--Subsection (f) of section 844 of
title 18, United States Code, is amended--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by striking ``shall be imprisoned for not more
than ten years'' and all that follows through the end
of the subsection and inserting the following:
``shall, except as provided in paragraph (2) of this subsection, be
fined under this title or imprisoned not more than 10 years, or both.
``(2) If a circumstance exists that is listed below, the punishment
for an offense under this subsection shall be as follows:
``(A) If the damage caused by the offense exceeds
$1,000,000, the offender shall be subject to a fine under this
title and imprisoned for not less than 5 nor more than 20
years.
``(B) If the life of any person (other than the offender)
is placed in jeopardy as a result of the offense, or the damage
caused by the offense exceeds $10,000,000, the offender shall
be subject to a fine under this title and imprisoned for not
less than 8 nor more than 30 years.
``(C) If personal injury results to any person (other than
the offender) or the damage caused by the offense exceeds
$25,000,000, the offender shall be subject to a fine under this
title and imprisoned for not less than 10 nor more than 40
years.
``(D) If the death of any person results the offender
shall--
``(i) be subject to a fine under this title and
imprisoned for any term of years greater than 25 (or
imprisonment for life); and
``(ii) also be subject to the death penalty as
provided in section 34 of this title.''.
(2) Interstate commerce.--Subsection (i) of section 844 of
title 18, United States Code, is amended--
(A) by inserting ``(1)'' after ``(i)''; and
(B) by striking ``shall be imprisoned for not more
than ten years'' and all that follows through the end
of the subsection and inserting the following:
``shall, except as provided in paragraph (2) of this subsection, be
fined under this title or imprisoned not more than 10 years, or both.
``(2) If a circumstance exists that is listed below, the punishment
for an offense under this subsection shall be as follows:
``(A) If the damage caused by the offense exceeds
$1,000,000, the offender shall be subject to a fine under this
title and imprisoned for not less than 5 nor more than 20
years.
``(B) If the life of any person (other than the offender)
is placed in jeopardy as a result of the offense, or the damage
caused by the offense exceeds $10,000,000, the offender shall
be subject to a fine under this title and imprisoned for not
less than 8 nor more than 30 years.
``(C) If personal injury results to any person (other than
the offender) or the damage caused by the offense exceeds
$25,000,000, the offender shall be subject to a fine under this
title and imprisoned for not less than 10 nor more than 40
years.
``(D) If the death of any person results the offender
shall--
``(i) be subject to a fine under this title and
imprisoned for any term of years greater than 25 (or
imprisonment for life); and
``(ii) also be subject to the death penalty as
provided in section 34 of this title.''.
(b) Reckless or Negligent Use of Fire or Explosive.--Section 844 of
title 18, United States Code, is amended by adding at the end the
following:
``(k)(1) Whoever recklessly engages in conduct that would be
prohibited by subsection (f) or (i) of this section if such conduct
were engaged in maliciously, and as a result a dwelling (other than
that of the offender) is destroyed or a person (other than the
offender) is injured, shall be fined under this title or imprisoned not
more than one year, or both. If the court does not sentence a person
convicted under this section to imprisonment, the court shall as a
minimum sentence such person to probation with a condition that such
person perform not less than 400 nor more than 2000 hours of community
service. In any juvenile proceeding, a juvenile who has been
adjudicated a juvenile delinquent for conduct which if committed by an
adult would be a violation of this subsection shall be required to
spend at least one week in an residential institution for the
confinement of juvenile delinquents and to perform not less than 400
nor more than 2000 hours of community service.
``(2) Whoever negligently engages in conduct that would be
prohibited by subsection (f) or (i) of this section if such conduct
were engaged in maliciously shall be fined under this title or
imprisoned not more than one month, or both. If the court does not
sentence a person convicted under this section to imprisonment, the
court shall as a minimum sentence such person to probation with a
condition that such person perform not less than 100 nor more than 1000
hours of community service. In any juvenile proceeding, a juvenile who
has been adjudicated a juvenile delinquent for conduct which if
committed by an adult would be a violation of this subsection shall be
required to spend at least two days in an residential institution for
the confinement of juvenile delinquents and to perform not less than
100 nor more than 1000 hours of community service.''.
SEC. 5. ELIMINATION OF FIRE HAZARDS.
The Forest Service in the Department of Agriculture, in
consultation with local fire chiefs, and other fire and arson experts,
shall prepare a study of whether there are any Federal legal
impediments that prevent homeowners, local governments, and other
interested parties from clearing highly flammable fire hazards,
including brush weeds that may provide fuel for dangerous fires. The
Forest Service shall report the results of such study to Congress not
later than one year after the date of the enactment of this Act.
SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRIVATE FIRE FIGHTING
CAPABILITIES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Federal
Aviation Administration, shall report to Congress on--
(1) how more use could be made of excess military cargo,
other planes available to the Forest Service, and private fire
fighting contractors; and
(2) how to reform Federal aviation regulations to allow
full effective use of such planes for fire fighting purposes.
SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND BACKUP POWER.
The Forest Service in the Department of Agriculture, in
consultation with local fire chiefs, and other fire and arson experts,
shall prepare a study of the potential feasibility of building
additional roads and backup power supplies for assuring water pressure
and water availability in national forest areas to increase fire
fighting effectiveness. The Forest Service shall report the results of
such study to Congress not later than one year after the date of the
enactment of this Act.
SEC. 8. REVENUE OFFSET.
Notwithstanding any other provision of law, the Secretary of
Agriculture shall reduce by 5 percent the below-cost direct loans of
the Farmers Home Administration for each of fiscal years 1994 through
1998. | Comprehensive Arson Deterrence and Fire Containment Act of 1993 - Authorizes appropriations for the modernization or replacement of the Modular Airborne Fire Fighting System used by the United States Forest Service.
Directs the Forest Service to study and report to the Congress on additional means of improving airborne fire fighting response time, including whether there are any legal impediments which materially delay fire fighting response reaction time.
Increases penalties for the malicious use of fire or an explosive if: (1) the damage caused by the offense exceeds $1 million (between five and 20 years' imprisonment); (2) the life of any person is placed in jeopardy as a result of the offense or the damage caused exceeds $10 million (between eight and 30 years' imprisonment); (3) personal injury results to any person or the damage caused exceeds $25 million (between ten and 40 years' imprisonment); and (4) death of any person results (over 25 years' imprisonment, life imprisonment, or the death penalty).
Sets forth: (1) analogous provisions regarding malicious use of fire or an explosive to damage or destroy any building, vehicle, or other property used in interstate or foreign commerce or in any activity affecting such commerce; and (2) penalties for reckless or negligent use of fire or an explosive.
Directs the Forest Service to study and report to the Congress on whether there are any Federal legal impediments that prevent homeowners, local governments, and other interested parties from clearing highly flammable fire hazards, including brush weeds, that may provide fuel for dangerous fires.
Requires the Secretary of Defense to report to the Congress on: (1) how greater use could be made of excess military cargo planes, other plans available to the Forest Service, and private fire fighting contractors; and (2) how to reform Federal aviation regulations to allow full effective use of such planes for fire fighting purposes. | Comprehensive Arson Deterrence and Fire Containment Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Housing, Awareness, and
Navigation Demonstration Services for Individuals With Autism Spectrum
Disorders Act of 2008'' or the ``Helping HANDS for Autism Act of
2008''.
TITLE I--AUTISM NAVIGATOR PROGRAM
SEC. 101. AUTISM NAVIGATOR PROGRAM.
Part R of title III of the Public Health Service Act (42 U.S.C.
280i et seq.) is amended by inserting after section 399DD the
following:
``SEC. 399DD-1. AUTISM NAVIGATOR PROGRAM.
``(a) Authorization of Grant Program.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Housing and Urban Development and the Secretary of
Education, shall establish a demonstration grant program to
award grants to eligible entities to enable such entities to
develop an autism navigator program to create a more efficient,
effective, coordinated use of the health, housing, education,
and social service systems for individuals with an autism
spectrum disorder.
``(2) Eligible entity.--
``(A) In general.--In this section, the term
`eligible entity' means an entity that has--
``(i) not less than 2 years experience
serving the autism community in an advocacy or
service capacity; and
``(ii) a--
``(I) behaviorist with at least a
master's degree on staff or in a
consultation capacity who has
experience in applied behavioral
analysis;
``(II) Board Certified Behavior
Analyst on staff;
``(III) special educator with
training in autism spectrum disorders
on staff;
``(IV) rehabilitation professional
with training in autism spectrum
disorders on staff; or
``(V) master's level professional
with training in autism spectrum
disorders on staff.
``(B) Secretary's determination.--Notwithstanding
subparagraph (A), the Secretary may determine who
qualifies as an eligible entity under this section.
``(b) Application for a Grant.--
``(1) In general.--An eligible entity that desires a grant
under this section shall submit an application to the Secretary
at such time, in such manner and form, and containing such
information, agreements, and assurances as the Secretary
determines to be necessary to carry out this section.
``(2) Outreach services.--An application submitted under
paragraph (1) shall contain an assurance that the applicant
will provide ongoing outreach activities while receiving a
grant under this section, in a manner that is culturally
competent for the population served, to inform the public and
the specific community that the autism navigator is serving, of
the services under the grant.
``(c) Development of Autism Navigator Program.--
``(1) Autism navigators.--
``(A) In general.--The Secretary shall determine
the functions of autism navigators under this section.
``(B) Types of functions.--The functions of an
autism navigator under this section may include--
``(i) with respect to an individual with an
autism spectrum disorder and such individual's
family--
``(I) coordinating and scheduling
appointments and referrals, community
outreach, assistance with
transportation, housing or education
arrangements, and assistance with
insurance issues and other barriers to
care;
``(II) case management and
psychosocial assessment and care or
information and referral to such
services;
``(III) contact and care
coordination of health care, including
psychosocial assessment and care, and
other community services, provider
referrals, financial support and
service coordination, including
transportation, housing, and education;
``(IV) determining coverage under
health insurance and health plans for
all services;
``(V) aiding with health insurance
coverage issues; and
``(VI) ensuring the initiation,
continuation, or sustained access to
care prescribed by the individual's
health care providers;
``(ii) facilitating partnerships within the
healthcare and advocacy community to assist
outreach to the underserved autism community;
``(iii) notifying individuals and their
families as to autism clinical trials and, on
request, facilitating enrollment of eligible
individuals;
``(iv) anticipating, identifying, and
helping individuals with an autism spectrum
disorder overcome barriers in accessing and
securing appropriate services in a timely
manner;
``(v) coordinating with State departments
responsible for human services, education,
health and senior services, housing, community
affairs, and labor in providing services to
individuals with an autism spectrum disorder
and their families;
``(vi) identifying caregiver supports for
those caring for individuals with an autism
spectrum disorder, including mentoring, support
groups, community resources, and legal
consultation;
``(vii) identifying, mentoring, and
supporting culturally sensitive caregivers of
individuals with an autism spectrum disorder;
and
``(viii) serving as a reliable, expert
resource for advice, support, and direction to
access early intervention services under part C
of the Individuals with Disabilities Education
Act (20 U.S.C. 1431 et seq.), health insurance
(public or private), housing programs,
financial security programs, Medicare services
under title XVIII of the Social Security Act,
and Medicaid services under title XIX of the
Social Security Act.
``(2) Development of program.--
``(A) In general.--An eligible entity that receives
a grant under this section shall develop an autism
navigator program that will recruit, employ, train,
assign, and supervise autism navigators.
``(B) Duration of grants.--A grant provided under
this section shall be--
``(i) for a period of not more than 5
years; and
``(ii) subject to annual approval by the
Secretary and subject to the availability of
appropriations for the fiscal year involved.
``(C) No limitation on number of grants.--Nothing
in this paragraph shall be construed to limit the
number of grants that may be made to an eligible
entity.
``(3) Outreach.--An autism navigator program developed
under paragraph (2) shall reach out to appropriate doctor's
offices and treatment centers to encourage such doctors and
centers to refer individuals with an autism spectrum disorder
to such program, which will offer autism navigation services
described in this subsection.
``(4) Training and preparation.--An autism navigator
program developed under paragraph (2) shall train and prepare
autism navigators as follows:
``(A) Autism navigators shall have direct knowledge
of the communities they serve and provide services to
such communities in a culturally competent manner.
``(B) Autism navigators shall be informed about
health insurance systems and other community services,
and be able to aid individuals in resolving access
issues.
``(C) Autism navigators shall have direct knowledge
of the unique needs of individuals with an autism
spectrum disorder and the current evidence-based
practices that are available to such individuals
through Federal programs and in the State.
``(5) Managing care.--An autism navigator program developed
under paragraph (2) shall assign autism navigators, in
accordance with applicable criteria of the Secretary, for--
``(A) managing the care of individuals with an
autism spectrum disorder; and
``(B) assisting such individuals and families with
navigating the life service continuum.
``(6) Centralized access.--An autism navigator program
developed under paragraph (2) shall provide centralized access
for individuals with an autism spectrum disorder to multiple
Federal and State activities and programs related to autism
spectrum disorders, including such activities and programs
carried out by--
``(A) the Administration for Children and Families;
``(B) the Centers for Disease Control and
Prevention;
``(C) the Centers for Medicare & Medicaid Services;
``(D) the Collaborative Programs of Excellence in
Autism;
``(E) the Department of Health and Human Services;
``(F) the Health Resources and Services
Administration;
``(G) the Interagency Autism Coordinating
Committee;
``(H) the National Institutes of Health;
``(I) the National Institute of Mental Health;
``(J) the Studies to Advance Autism Research and
Treatment;
``(K) the Department of Housing and Urban
Development;
``(L) the Department of Education; and
``(M) the Department of Labor.
``(7) Data collection and report.--
``(A) In general.--Each recipient of a grant under
this section shall--
``(i) collect specific autism data that
records navigation services provided to each
individual served by the autism navigator
program; and
``(ii) establish and implement procedures
and protocols, consistent with applicable
Federal and State laws, to ensure the
confidentiality of all information shared by a
participant in the program, the participant's
personal representative, and the participant's
health care providers, group health plans, or
health insurance insurers.
``(B) Disclosure of information.--A recipient of a
grant under this section may, consistent with
applicable Federal and State confidentiality laws,
collect, use, or disclose aggregate information that is
not individually identifiable.
``(C) Report.--Each recipient of a grant under this
section shall submit an annual report to the Secretary
that--
``(i) summarizes and analyzes the data
collected under subparagraph (A)(i); and
``(ii) provides information on needs for
navigation services, types of access
difficulties resolved, sources of repeated
resolution, and flaws in the system of access,
including insurance barriers.
``(d) Evaluations.--The Secretary shall provide, directly or
through grants or contracts, for evaluations to determine the effects
of the services of autism navigators.
``(e) Coordination With Other Programs.--The Secretary shall
coordinate the demonstration grant program authorized under this
section with programs authorized under the Children's Health Act of
2000 (Public Law 106-310), the Combating Autism Act of 2006 (Public Law
109-416), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the
Medicaid home- and community-based service waivers program under
section 1915(c) of the Social Security Act, title XIX of the Social
Security Act, and other appropriate programs.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require payment for navigation services or to require
payment for other services in cases where such other services are
provided free of charge.''.
TITLE II--AUTISM AWARENESS
SEC. 201. TRAINING OF FIRST RESPONDERS IN THE RECOGNITION OF AUTISM.
(a) Development of Curriculum.--The Secretary of Health and Human
Services, in coordination with the Director of the Centers for Disease
Control and Prevention and in consultation with the heads of other
appropriate Federal agencies, shall develop, demonstrate, and
disseminate a standard curriculum for the training of first responders
in assisting individuals (and their families) with autism and other
cognitive behavioral disabilities during potential and actual
emergencies.
(b) Training Grants.--The Secretary of Health and Human Services,
in coordination with the Director of the Centers for Disease Control
and Prevention and in consultation with the heads of other appropriate
Federal agencies, shall award grants to States and local governments to
train first responders (including the police, fire departments,
emergency medical technicians, and other paid or volunteer first
responders) in providing assistance to individuals with autism and
other cognitive impairments in potential and actual emergency
situations.
(c) Requirement.--Training carried out under this section shall
inform first responders of the risks associated with autism and other
cognitive behavioral disabilities, as well as provide instruction in
appropriate autism recognition and response techniques.
TITLE III--HOME OF THEIR OWN
SEC. 301. HOME OF THEIR OWN.
(a) Task Force.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Housing and Urban Development shall
convene a task force comprised of appropriate national and State autism
advocacy groups, recipients of funds from the Department of Housing and
Urban Development for housing for adults with an autism spectrum
disorder, and community-based organizations that serve adults with an
autism spectrum disorder.
(b) Establishment of Grant Program.--The task force described in
subsection (a) shall establish a housing demonstration grant program to
award grants to entities (including States, localities, public and
private partnerships, and community nonprofit and for-profit
organizations) to enable such entities to provide a housing program for
adults with an autism spectrum disorder, with the goal of providing
individualized housing and services to such adults. | Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2008 or the Helping HANDS for Autism Act of 2008 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS Secretary), in coordination with the Secretary of Housing and Urban Development (HUD Secretary) and the Secretary of Education, to establish a demonstration program to award grants to eligible entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder.
Requires: (1) an eligible entity that receives a grant to develop an autism navigator program that will recruit, employ, train, assign, and supervise autism navigators; and (2) the HHS Secretary to provide for evaluations to determine the effects of navigator services.
Directs the HHS Secretary, in coordination with the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop, demonstrate, and disseminate a standard curriculum for training first responders in assisting individuals with autism and other cognitive behavioral disabilities and their families during emergencies; and (2) award grants to states and local governments to train first responders in providing assistance to such individuals in emergency situations.
Requires the HUD Secretary to convene a task force to establish a housing demonstration grant program to award grants to entities to provide a program aimed at providing individualized housing and services to adults with an autism spectrum disorder. | A bill to increase housing, awareness, and navigation demonstration services (HANDS) for individuals with autism spectrum disorders. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Pension Fairness
Act of 2015''.
SEC. 2. REPEAL OF FERS REVISED AND FURTHER REVISED ANNUITANT
CATEGORIES.
(a) Repeal of Annuity Computation.--Section 8415 of title 5, United
States Code, is amended by striking subsection (d).
(b) Repeal of Annuitant Categories.--Section 8422(a)(3) of title 5,
United States Code, is amended--
(1) by striking ``other than revised annuity employees or
further revised annuity employees''; and
(2) by striking subparagraphs (B) and (C).
(c) Repeal of Government Contributions.--Section 8423(a) of title
5, United States Code, is amended by striking paragraph (2) and
inserting the following:
``(2) In determining any normal-cost percentage to be
applied under this subsection, amounts provided for under
section 8422 shall be taken into account.''.
(d) Conforming Amendments.--Section 8401 of title 5, United States
Code, is amended--
(1) in paragraph (35)(B), by striking the semi-colon at the
end and inserting ``; and'';
(2) in paragraph (36), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraphs (37) and (38).
(e) Application.--
(1) In general.--The amendments made by this section shall
apply on the first day of the first pay period beginning after
the date of enactment of this Act.
(2) Treatment of former revised or further revised
annuitants.--Any individual who, as of the date of enactment of
this Act, was a revised annuity employee or a further revised
annuity employee (but for the amendments made by this section)
shall be deemed to be an employee or Member (as those terms are
defined in section 8401 of title 5, United States Code) for
purposes of chapter 84 of such title.
SEC. 3. REPEAL OF FOREIGN SERVICE REVISED OR FURTHER REVISED ANNUITY
PARTICIPANT CATEGORIES.
(a) Repeal of Annuitant Categories.--Section 856(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4071e(a)) is amended by striking
paragraph (2) and inserting the following:
``(2) The applicable percentage for a participant other than a
revised annuity participant or a further revised annuity participant
shall be as follows:
``7.5 Before January 1, 1999.
7.75 January 1, 1999, to December 31,
1999.
7.9 January 1, 2000, to December 31,
2000.
7.55 After January 11, 2003.''.
(b) Government Contribution.--Section 857 of the Foreign Service
Act of 1980 (22 U.S.C. 4071f) is amended by striking subsection (c).
(c) Conforming Amendments.--Section 852 of such Act is amended (22
U.S.C. 4071a)--
(1) by striking paragraphs (7) and (8); and
(2) by redesignating paragraphs (9), (10), and (11) as
paragraphs (7), (8), and (9), respectively.
(d) Application.--
(1) In general.--The amendments made by this section shall
apply on the first day of the first pay period beginning after
the date of enactment of this Act.
(2) Treatment of former revised or further revised
annuitants.--Any individual who, as of the date of enactment of
this Act, was a revised annuity participant or a further
revised annuity participant (but for the amendments made by
this section) shall be deemed to be a participant (as that term
is defined in section 852 of the Foreign Service Act of 1980
(22 U.S.C. 4071a)) for purposes of the Foreign Service pension
system.
SEC. 4. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE
UNITED STATES AS DOMESTIC CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new subsection:
``(p) Certain Corporations Managed and Controlled in the United
States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be
treated as a domestic corporation for purposes of this
title, but
``(B) the management and control of the corporation
occurs, directly or indirectly, primarily within the
United States,
then, solely for purposes of chapter 1 (and any other provision
of this title relating to chapter 1), the corporation shall be
treated as a domestic corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in
this paragraph if--
``(i) the stock of such corporation is
regularly traded on an established securities
market, or
``(ii) the aggregate gross assets of such
corporation (or any predecessor thereof),
including assets under management for
investors, whether held directly or indirectly,
at any time during the taxable year or any
preceding taxable year is $50,000,000 or more.
``(B) General exception.--A corporation shall not
be treated as described in this paragraph if--
``(i) such corporation was treated as a
corporation described in this paragraph in a
preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an
established securities market, and
``(II) has, and is reasonably
expected to continue to have, aggregate
gross assets (including assets under
management for investors, whether held
directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to
such corporation under this subparagraph.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of a corporation is to be
treated as occurring primarily within the United
States.
``(B) Executive officers and senior management.--
Such regulations shall provide that--
``(i) the management and control of a
corporation shall be treated as occurring
primarily within the United States if
substantially all of the executive officers and
senior management of the corporation who
exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive
officers and senior management of the
corporation (including individuals who are
officers or employees of other corporations in
the same chain of corporations as the
corporation) shall be treated as executive
officers and senior management if such
individuals exercise the day-to-day
responsibilities of the corporation described
in clause (i).
``(C) Corporations primarily holding investment
assets.--Such regulations shall also provide that the
management and control of a corporation shall be
treated as occurring primarily within the United States
if--
``(i) the assets of such corporation
(directly or indirectly) consist primarily of
assets being managed on behalf of investors,
and
``(ii) decisions about how to invest the
assets are made in the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning on or after the date which is 2 years
after the date of the enactment of this Act, whether or not regulations
are issued under section 7701(p)(3) of the Internal Revenue Code of
1986, as added by this section.
SEC. 5. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this title
as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by
substituting `80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic
corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, the
direct or indirect acquisition of--
``(i) substantially all of the properties
held directly or indirectly by a domestic
corporation, or
``(ii) substantially all of the assets of,
or substantially all of the properties
constituting a trade or business of, a domestic
partnership, and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by
vote or value) of the entity is held--
``(I) in the case of an acquisition
with respect to a domestic corporation,
by former shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation, or
``(II) in the case of an
acquisition with respect to a domestic
partnership, by former partners of the
domestic partnership by reason of
holding a capital or profits interest
in the domestic partnership, or
``(ii) the management and control of the
expanded affiliated group which includes the
entity occurs, directly or indirectly,
primarily within the United States, and such
expanded affiliated group has significant
domestic business activities.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated as
an inverted domestic corporation if after the acquisition the
expanded affiliated group which includes the entity has
substantial business activities in the foreign country in which
or under the law of which the entity is created or organized
when compared to the total business activities of such expanded
affiliated group. For purposes of subsection (a)(2)(B)(iii) and
the preceding sentence, the term `substantial business
activities' shall have the meaning given such term under
regulations in effect on May 8, 2014, except that the Secretary
may issue regulations increasing the threshold percent in any
of the tests under such regulations for determining if business
activities constitute substantial business activities for
purposes of this paragraph.
``(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of an expanded affiliated
group is to be treated as occurring, directly or
indirectly, primarily within the United States. The
regulations prescribed under the preceding sentence
shall apply to periods after May 8, 2014.
``(B) Executive officers and senior management.--
Such regulations shall provide that the management and
control of an expanded affiliated group shall be
treated as occurring, directly or indirectly, primarily
within the United States if substantially all of the
executive officers and senior management of the
expanded affiliated group who exercise day-to-day
responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily
located within the United States. Individuals who in
fact exercise such day-to-day responsibilities shall be
treated as executive officers and senior management
regardless of their title.
``(5) Significant domestic business activities.--For
purposes of paragraph (2)(B)(ii), an expanded affiliated group
has significant domestic business activities if at least 25
percent of--
``(A) the employees of the group are based in the
United States,
``(B) the employee compensation incurred by the
group is incurred with respect to employees based in
the United States,
``(C) the assets of the group are located in the
United States, or
``(D) the income of the group is derived in the
United States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under regulations referred to in paragraph (3) as in effect on
May 8, 2014, but applied by treating all references in such
regulations to `foreign country' and `relevant foreign country'
as references to `the United States'. The Secretary may issue
regulations decreasing the threshold percent in any of the
tests under such regulations for determining if business
activities constitute significant domestic business activities
for purposes of this paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before May 9, 2014,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(ii) by inserting ``or (b)(2)(A)'' after
``(a)(2)(B)(i)'' in subparagraph (B),
(B) in paragraph (3), by inserting ``or
(b)(2)(B)(i), as the case may be,'' after
``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections
(a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(D) in paragraph (6), by inserting ``or inverted
domestic corporation, as the case may be,'' after
``surrogate foreign corporation''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after May 8, 2014. | Federal Employee Pension Fairness Act of 2015 Repeals provisions requiring federal employees, including foreign service employees, who began service after 2012 to pay an increased contribution (4.4%) for funding their annuities under the Federal Employees Retirement System. Amends the Internal Revenue Code to: (1) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for U.S. tax purposes; and (2) revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with lower income tax rates than the United States). | Federal Employee Pension Fairness Act of 2015 |
SECTION 1. EXEMPTION OF NATIONAL SECURITY AGENCIES FROM SEQUESTRATION.
(a) In General.--Section 255(f) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(f)) is amended to
read as follows:
``(f) Exemption of National Security Agencies.--The programs,
budget accounts, and activities of the following departments, agencies,
and elements shall be exempt from reduction under any order issued
under this part:
``(1) The Department of Defense.
``(2) Each element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)).
``(3) The Department of State.
``(4) The Federal Bureau of Investigation.
``(5) The Department of Homeland Security.
``(6) The National Nuclear Security Administration.''.
(b) Implementation of Enforcement.--Section 251(a)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(a)(2)) is amended--
(1) by striking ``Each non-exempt account'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B),
each non-exempt account''; and
(2) by adding at the end the following:
``(B) Implementation with respect to national
security agencies.--
``(i) In general.--The Office of Management
and Budget shall determine the uniform
percentage necessary to eliminate a breach
within a category without regard to section
255(f).
``(ii) Rule of construction.--Nothing in
clause (i) or section 255(f) shall be construed
to require the elimination of any portion of a
breach that is not eliminated by operation of
clause (i) and section 255(f).''.
(c) Technical and Conforming Amendments.--The Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is
amended--
(1) in section 251 (2 U.S.C. 901)--
(A) in subsection (a)--
(i) by striking paragraph (3);
(ii) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (3), (4), (5), and
(6), respectively;
(iii) in paragraph (3), as so redesignated,
by striking ``paragraphs (2) and (3)'' and
inserting ``paragraph (2)''; and
(iv) in paragraph (5), as so redesignated,
by striking ``paragraphs (2) through (4)'' and
inserting ``paragraphs (2) and (3)''; and
(B) in subsection (b)(2), by striking ``section
254(e), (f), or (g)'' and inserting ``subsection (d),
(e), or (f) of section 254'';
(2) in section 254 (2 U.S.C. 904(a))--
(A) in the table in subsection (a), by striking the
item relating to notification regarding military
personnel;
(B) by striking subsection (d);
(C) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively; and
(D) in subsection (f), as so redesignated--
(i) by striking ``paragraph (f)(2)'' and
inserting ``subsection (e)(2)''; and
(ii) by striking ``paragraphs (f)(2) and
(f)(4)'' and inserting ``paragraphs (2) and (4)
of subsection (e)'';
(3) in section 256 (2 U.S.C. 906), by striking subsection
(g) and inserting the following:
``(g) Federal Pay.--
``(1) In general.--For purposes of any order issued under
section 254, Federal pay under a statutory pay system shall be
subject to reduction under an order in the same manner as other
administrative expense components of the Federal budget; except
that no such order may reduce or have the effect of reducing
the rate of pay to which any individual is entitled under any
such statutory pay system (as increased by any amount payable
under section 5304 of title 5, United States Code, or section
302 of the Federal Employees Pay Comparability Act of 1990) or
any increase in rates of pay which is scheduled to take effect
under section 5303 of title 5, United States Code, or any other
provision of law.
``(2) Definition.--For purposes of this subsection, the
term `statutory pay system' shall have the meaning given that
term in section 5302(1) of title 5, United States Code.''; and
(4) in section 258(a)(1)--
(A) by striking ``section 254(i)'' and inserting
``section 254(h)''; and
(B) by striking ``section 254(j)'' and inserting
``section 254(i)''.
(d) Applicability.--The amendments made by this section shall apply
with respect to any sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.)
for fiscal year 2017 or any fiscal year thereafter. | This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt national security agencies from sequestration, which is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. The exemption applies to the Department of Defense, each element of the intelligence community, the Department of State, the Federal Bureau of Investigation, the Department of Homeland Security, and the National Nuclear Security Administration. | A bill to exempt the Department of Defense and other national security agencies from sequestration. |
SECTION 1. 2-YEAR EXTENSION OF DEDUCTION OF HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) Extension.--Section 162(l)(6) of the Internal Revenue Code of
1986 is amended by striking ``1993'' and inserting ``1995''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993.
SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS.
(a) In General.--
(1) Cigars.--Subsection (a) of section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on cigars) is
amended--
(A) by striking ``$1.125 cents per thousand (93.75
cents per thousand on cigars removed during 1991 and
1992)'' in paragraph (1) and inserting ``$1.359 per
thousand''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Large cigars.--On cigars weighing more than 3 pounds
per thousand, a tax equal to 15.41 percent of the price for
which sold but not more than $36.25 per thousand.''
(2) Cigarettes.--Subsection (b) of section 5701 of such
Code (relating to rate of tax on cigarettes) is amended--
(A) by striking ``$12 per thousand ($10 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (1) and inserting ``$14.50 per thousand'';
and
(B) by striking ``$25.20 per thousand ($21 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (2) and inserting ``$30.45 per thousand''.
(3) Cigarette papers.--Subsection (c) of section 5701 of
such Code (relating to rate of tax on cigarette papers) is
amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``0.91 cent''.
(4) Cigarette tubes.--Subsection (d) of section 5701 of
such Code (relating to rate of tax on cigarette tubes) is
amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``1.81 cents''.
(5) Snuff.--Paragraph (1) of section 5701(e) of such Code
(relating to rate of tax on smokeless tobacco) is amended by
striking ``36 cents (30 cents on snuff removed during 1991 or
1992)'' and inserting ``43.50 cents''.
(6) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``14.5 cents''.
(7) Pipe tobacco.--Subsection (f) of section 5701 of such
Code (relating to rate of tax on pipe tobacco) is amended by
striking ``67.5 cents (56.25 cents on chewing tobacco removed
during 1991 or 1992)'' and inserting ``81.6 cents''.
(b) Floor Stocks.--
(1) Imposition of tax.--On cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco manufactured in or imported into the United States
which is removed before January 1, 1995, and held on such date
for sale by any person, there shall be imposed the following
taxes:
(A) Small cigars.--On cigars, weighing not more
than 3 pounds per thousand, 23.4 cents per thousand.
(B) Large cigars.--On cigars, weighing more than 3
pounds per thousand, a tax equal to 2.66 percent of the
price for which sold, but not more than $6.25 per
thousand.
(C) Small cigarettes.--On cigarettes, weighing not
more than 3 pounds per thousand, $2.50 per thousand.
(D) Large cigarettes.--On cigarettes, weighing more
than 3 pounds per thousand, $5.25 per thousand; except
that, if more than 6\1/2\ inches in length, they shall
be taxable at the rate prescribed for cigarettes
weighing not more than 3 pounds per thousand, counting
each 2\3/4\ inches, or fraction thereof, of the length
of each as one cigarette.
(E) Cigarette papers.--On cigarette papers, 0.16
cent for each 50 papers or fractional part thereof;
except that, if cigarette papers measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette paper.
(F) Cigarette tubes.--On cigarette tubes, 0.31 cent
for each 50 tubes or fractional part thereof; except
that, if cigarette tubes measure more than 6\1/2\
inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette tube.
(G) Snuff.--On snuff, 7.5 cents per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(H) Chewing tobacco.--On chewing tobacco, 2.5 cents
per pound and a proportionate tax at the like rate on
all fractional parts of a pound.
(I) Pipe tobacco.--On pipe tobacco, 14.1 cents per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigars,
cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco on January 1, 1995,
to which any tax imposed by paragraph (1) applies shall
be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on February 15, 1995, in the
same manner as the tax imposed under such section is
payable with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and
pipe tobacco removed on January 1, 1995.
(3) Cigars, cigarettes, cigarette paper, cigarette tubes,
snuff, chewing tobacco, and pipe tobacco.--For purposes of this
subsection, the terms ``cigar'', ``cigarette'', ``cigarette
paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'',
and ``pipe tobacco'' shall have the meaning given to such terms
by subsections (a), (b), (e), and (g), paragraphs (2) and (3)
of subsection (n), and subsection (o) of section 5702 of the
Internal Revenue Code of 1986, respectively.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco in retail stocks held on January 1, 1995, at the place
where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before January 1, 1995, and
(ii) which are entered into the customs
territory of the United States on or after
January 1, 1995, from a foreign trade zone, and
(B) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before
January 1, 1995, and
(ii) are entered into the customs territory
of the United States on or after January 1,
1995, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
cigars, cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco shall, for purposes of
paragraph (1), be treated as being held on January 1, 1995, for
sale.
(c) Effective Date.--The amendments made by this section
shall apply with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco removed after December 31, 1994. | Amends the Internal Revenue Code to extend the deduction for health insurance costs of self-employed individuals until December 31, 1995.
Increases the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1995. Imposes such tax on such products entered into the United States from foreign trade zones before such date. | A bill to amend the Internal Revenue Code of 1986 to extend the deduction for health insurance costs of self-employed individuals, to increase the taxes on tobacco products, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Percent Spending Reduction Act
of 2014''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The fiscal crisis faced by the Federal Government
demands immediate action.
(2) The dramatic growth in spending and debt in recent
years threatens our economic and national security:
(A) Federal spending has grown from 18 percent of
GDP in 2001 to over 20 percent of GDP in 2014.
(B) Total Federal debt exceeds $17,000,000,000,000
and is projected to increase each year over the next 10
years.
(C) Without action, the Federal Government will
continue to run massive deficits in the next decade and
total Federal debt will rise to $27,000,000,000,000 by
2024.
(D) Interest payments on this debt will soon rise
to the point where balancing the budget as a matter of
policy is beyond the reach of Congress.
(3) Due to recent tax hikes, Federal revenues are scheduled
to rise to approximately 18 percent of GDP, inline with the
average of about 18 percent of GDP over the past 40 years.
(4) Absent reform, the growth of Social Security, Medicare,
Medicaid, and other health-related spending will overwhelm all
other Federal programs and consume all projected tax revenues.
(b) Purpose.--The purpose of this Act is to address the fiscal
crisis by--
(1) acting quickly to balance the Federal budget and
eliminate the parade of deficits and ballooning interest
payments;
(2) achieving balance by reducing spending one percent per
year until spending equals projected long-term revenues; and
(3) reforming entitlement programs to ensure long-term
fiscal stability and balance.
SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS.
(a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after
section 253 the following:
``SEC. 253A. ESTABLISHING OUTLAY CAPS.
``(a) Outlay Caps.--In this section, the term `outlay cap' means:
``(1) Fiscal year 2015.--For fiscal year 2015, the
aggregate outlays (less net interest payments) shall be
$3,774,000,000,000, less one percent.
``(2) Fiscal year 2016.--For fiscal year 2016, the
aggregate outlays (less net interest payments) shall be the
amount computed under paragraph (1), less one percent.
``(3) Fiscal year 2017.--For fiscal year 2017, the
aggregate outlays (less net interest payments) shall be the
amount computed under paragraph (2), less one percent.
``(4) Fiscal year 2018 and subsequent fiscal years.--
``(A) In general.--For fiscal year 2018 and each
fiscal year thereafter, the aggregate outlays shall be
18 percent of the gross domestic product for that
fiscal year, as estimated by the Office of Management
and Budget prior to March of the previous fiscal year.
``(B) Limitation.--Notwithstanding subparagraph
(A), for any fiscal year beginning with fiscal year
2019, the aggregate projected outlays may not be less
than the aggregate projected outlays for the preceding
fiscal year.
``(b) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar
days after the beginning of a fiscal year, the Office
of Management and Budget shall prepare and the
President shall order a sequestration to eliminate any
excess outlay amount.
``(B) Definitions.--
``(i) Fiscal years 2015 through 2017.--For
each of fiscal years 2015 through 2017 and for
purposes of this subsection, the term `excess
outlay amount' means the amount by which total
projected Federal outlays (less net interest
payments) for a fiscal year exceeds the outlay
cap for that fiscal year.
``(ii) Fiscal year 2018 and subsequent
fiscal years.--For fiscal year 2018 and each
fiscal year thereafter and for purposes of this
subsection, the term `excess outlay amount'
means the amount by which total projected
Federal outlays for a fiscal year exceeds the
outlay cap for that fiscal year.
``(2) Sequestration.--
``(A) CBO preview report.--On August 15 of each
year, the Congressional Budget Office shall issue a
sequestration preview report as described in section
254(c)(4).
``(B) OMB preview report.--On August 20 of each
year, the Office of Management and Budget shall issue a
sequestration preview report as described in section
254(c)(4).
``(C) Final report.--On October 31 of each year,
the Office of Management and Budget shall issue its
final sequestration report as described in section
254(f)(3). It shall be accompanied by a Presidential
order detailing uniform spending reductions equal to
the excess outlay amount as defined in this section.
``(D) Process.--The reductions shall generally
follow the process set forth in sections 253 and 254,
except as provided in this section.
``(3) Congressional action.--If the August 20 report by the
Office of Management and Budget projects a sequestration, the
Committee on the Budget of the Senate and the Committee on the
Budget of the House of Representatives may report a resolution
directing committees of their House to change the existing law
to achieve the spending reductions outlined in the August 20
report necessary to meet the outlay limits.
``(c) No Exempt Programs.--Section 255 and section 256 shall not
apply to this section or any sequestration order issued under this
section, except that payments for net interest (budget function 900)
shall be exempt from the spending reductions under sequestration.
``(d) Look Back.--If, after November 14, a bill resulting in
outlays for the fiscal year in progress is enacted that causes excess
outlays, the excess outlay amount for the next fiscal year shall be
increased by the amount or amounts of that breach.''.
(b) Conforming Amendments to BBEDCA.--
(1) Sequestration preview reports.--Section 254(c)(4) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 904(c)(4)) is amended to read as follows:
``(4) Outlay cap sequestration reports.--The preview
reports shall set forth for the budget year estimates for the
following:
``(A)(i) For each of budget years 2015 through
2017, the aggregate projected outlays (less net
interest payments), less one percent.
``(ii) For budget year 2018 and each subsequent
budget year, the estimated gross domestic product (GDP)
for that budget year.
``(B) The amount of reductions required under
section 253A.
``(C) The sequestration percentage necessary to
achieve the required reduction under section 253A.''.
(2) Final sequestration reports.--Section 254(f)(3) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 904(f)(3)) is amended to read as follows:
``(3) Outlay caps sequestration reports.--The final reports
shall contain all the information required in the outlay cap
sequestration preview reports. In addition, these reports shall
contain, for the budget year, for each account to be
sequestered, estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and the amount of
budgetary sources to be sequestered and result in outlay
reductions. The reports shall also contain estimates of the
effects on outlays on the sequestration of each outyear for
direct spending programs.''.
(c) Enforcement.--Title III of the Congressional Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by adding after section 315 the
following:
``SEC. 316. ENFORCEMENT PROCEDURES.
``(a) Outlay Caps.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, amendment between the Houses, or conference report that
includes any provision that would cause the most recently reported,
current outlay cap set forth in section 253A of the Balanced Budget and
Emergency Deficit Control Act of 1985 to be breached.
``(b) Waiver or Suspension.--
``(1) In the senate.--The provisions of this section may be
waived or suspended in the Senate only by the affirmative vote
of two-thirds of the Members, duly chosen and sworn.
``(2) In the house.--The provisions of this section may be
waived or suspended in the House of Representatives only by a
rule or order proposing only to waive such provisions by an
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
``(c) Point of Order Protection.--In the House, it shall not be in
order to consider a rule or order that waives the application of
paragraph (2) of subsection (b).
``(d) Motion To Suspend.--It shall not be in order for the Speaker
to entertain a motion to suspend the application of this section under
clause 1 of rule XV.''.
SEC. 4. CONFORMING AMENDMENTS.
The table of contents set forth in--
(1) section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by inserting after
the item relating to section 315 the following new item:
``Sec. 316. Enforcement procedures.'';
and
(2) section 250(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by inserting after the
item relating to section 253 the following new item:
``Sec. 253A. Establishing outlay caps.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply to fiscal
year 2015 and each fiscal year thereafter, including any reports and
calculations required for implementation in fiscal year 2015. | One Percent Spending Reduction Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish and enforce new spending caps. Establishes the aggregate outlay cap (less net interest payments) for FY2015 at $3.774 trillion, less 1%. Reduces the outlay cap for FY2016-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and subsequent fiscal years to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits outlays from being less than those for the preceding fiscal year for any fiscal year beginning with FY2019. Requires OMB to enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. Eliminates most exemptions from sequestration. Permits the budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions necessary to meet the outlay limits if a sequestration is projected. Amends the Congressional Budget Act of 1974 to create procedures for the House and Senate to enforce the outlay caps established in this Act. | One Percent Spending Reduction Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy from Agricultural
Products (REAP) Act''.
SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM BIOMASS.
(a) Extension and Modification of Placed-In-Service Rules.--
Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 is
amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Closed-loop biomass facility.--In the case of
a facility using closed-loop biomass to produce
electricity, the term `qualified facility' means any
facility--
``(i) owned by the taxpayer which is
originally placed in service after December 31,
1992, and before January 1, 2007, or
``(ii) owned by the taxpayer which is
originally placed in service on or before
December 31, 1992, and modified to use closed-
loop biomass to co-fire with coal before
January 1, 2007.'',
(2) by striking ``2002'' in subparagraph (C) and inserting
``2007'', and
(3) by adding at the end the following new subparagraphs:
``(D) Biomass facilities.--In the case of a
facility using biomass (other than closed-loop biomass)
to produce electricity, the term `qualified facility'
means any facility owned by the taxpayer which is
originally placed in service before January 1, 2007.
``(E) Special rules.--In the case of a qualified
facility described in subparagraph (B)(ii) or (D)--
``(i) the 10-year period referred to in
subsection (a) shall be treated as beginning no
earlier than the date of the enactment of this
subparagraph,
``(ii) subsection (b)(3) shall not apply to
any such facility originally placed in service
before January 1, 1997, and
``(iii) if such a facility is leased and
the operator thereof is the lessee, such lessee
(and not the owner) shall be treated for
purposes of this section as owning such
facility.''.
(b) Biomass Facilities.--
(1) In general.--Section 45(c)(1) of such Act (defining
qualified energy resources) is amended--
(A) by striking ``and'' at the end of subparagraph
(B),
(B) by striking the period at the end of
subparagraph (C) and inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(D) biomass (other than closed-loop biomass).''.
(2) Biomass defined.--Section 45(c) of such Code (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(5) Biomass.--The term `biomass' means any solid,
nonhazardous, cellulosic waste material which is segregated
from other waste materials and which is derived from--
``(A) any of the following forest-related
resources: mill residues, precommercial thinnings,
slash, and brush, but not including old-growth timber,
``(B) solid wood waste materials, including waste
pallets, crates, dunnage, manufacturing and
construction wood wastes (other than pressure-treated,
chemically treated, or painted wood wastes), and
landscape or right-of-way tree trimmings, but not
including municipal solid waste (garbage), gas derived
from the biodegradation of solid waste, or paper that
is commonly recycled, or
``(C) agriculture sources, including orchard tree
crops, vineyard, grain, legumes, sugar, and other crop
by-products or residues.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.
SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM AGRICULTURAL AND ANIMAL
WASTE.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986, as amended by section 2, is amended by striking
``and'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(E) agricultural and animal waste.''.
(b) Agricultural and Animal Waste.--Section 45(c) of such Code
(relating to definitions) is amended by adding at the end the following
new paragraph:
``(6) Agricultural and animal waste.--The term
`agricultural and animal waste' means all waste heat, steam,
and fuels produced from the conversion of agricultural and
animal wastes, including byproducts, packaging, and any
materials associated with the processing, feeding, selling,
transporting, and disposal of agricultural and animal products
or wastes, including wood shavings, straw, rice hulls, and
other bedding for the disposition of manure.''.
(c) Agricultural and Animal Waste Facilities.--Paragraph (3) of
section 45(c) of such Code is amended by adding at the end the
following new subparagraph:
``(F) Agricultural and animal waste facilities.--In
the case of a facility using agricultural and animal
waste to produce electricity, the term `qualified
facility' means any facility owned by the taxpayer
which is originally placed in service after December
31, 1992, and before January 1, 2005.''.
(d) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.
SEC. 4. REDUCTION OF MOTOR FUEL EXCISE TAX ON BIODIESEL MIXTURES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--The rate of tax under subsection (a)
shall be 3 cents per gallon less than the otherwise applicable
rate in the case of the removal or entry of a qualified
biodiesel mixture.
``(2) Tax prior to mixing.--In the case of the removal or
entry of diesel fuel for use in producing at the time of such
removal or entry a qualified biodiesel mixture, the rate of tax
under subsection (a) shall be the 3.06 cents per gallon less
than the otherwise applicable rate.
``(3) Qualified biodiesel mixture.--For purposes of this
subsection, the term `qualified biodiesel mixture' means any
mixture of diesel fuel and biodiesel (as defined in section
312(f) of the Energy Policy Act of 1992) if at least 2 percent
of such mixture is biodiesel (as so defined).
``(5) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(b) Conforming Amendments.--
(1) Section 4041 of such Code is amended by adding at the
end the following new subsection:
``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 4081(f)), the rates under paragraphs (1)
and (2) of subsection (a) shall be 3 cents per gallon less than the
otherwise applicable rates.''.
(2) Section 6427 of such Code is amended by redesignating
subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 4081(f)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to 3.06 cents per
gallon with respect to such fuel.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
(d) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts equivalent to the reductions that would occur (but for this
subsection) in the receipts of the Highway Trust Fund by reason of the
amendments made by this section.
SEC. 5. HARVESTING OF SWITCH GRASS ON CONSERVATION RESERVE ACREAGE FOR
USE IN ENERGY PRODUCTION.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) harvesting of switch grass on such
land when the purpose of the harvesting is to
provide biomass for energy production, and such
commercial use of the harvested grass shall be
permitted without reduction in rental payments
under the contact; and''.
SEC. 6. USE OF BIODIESEL FUEL IN FEDERAL VEHICLES.
Federal agencies shall use biodiesel fuel to operate any Federal
vehicle that uses diesel fuel, unless the cost of doing so is
prohibitive. | Renewable Energy from Agricultural Products (REAP) Act - Amends the Internal Revenue Code respecting the credit for electricity produced from certain renewable resources to: (1) extend the credit; (2) expand the scope of qualifying closed-loop facilities; (3) make qualifying biomass (other than closed-loop biomass) and biomass facilities eligible for the credit; and (4) include electricity produced from agricultural and animal waste within the credit.Establishes a reduced excise tax rate for qualified biodiesel mixtures.Amends the Food Security Act of 1985 to permit harvesting of switch grass on conservation reserve acreage for energy production purposes.Requires Federal diesel vehicles to use biodiesel fuel unless cost-prohibitive. | To encourage the use of agricultural products in producing renewable energy. |
SECTION 1. DESIGNATION OF SALT POND VISITOR CENTER AT THE CAPE COD
NATIONAL SEASHORE.
(a) Findings.--Congress finds that--
(1) Thomas Phillip (``Tip'') O'Neill, Jr. was born on
December 9, 1912, in a middle-class Irish neighborhood of North
Cambridge, Massachusetts, to Thomas Phillip O'Neill, Sr. and
Rose Ann O'Neill;
(2) nicknamed ``Tip'' during his childhood, Tip O'Neill was
educated in Roman Catholic schools, graduating from St. John's
High School in 1931, where he was captain of the basketball
team;
(3) Tip O'Neill attended Boston College, where he ran for a
Cambridge City Council seat during his senior year, his first
attempt at running for office and only electoral defeat;
(4) following his graduation from Boston College in 1936,
Tip O'Neill was elected to the Massachusetts House of
Representatives that same year as a New Deal Democrat whose
political philosophy was shaped by his experience growing up in
working-class Boston and his strong Catholic faith, which led
him to view government as a means for helping the disadvantaged
in society;
(5) in 1949, Tip O'Neill became the first Democratic
Speaker in the history of the Massachusetts State Legislature,
serving as Speaker until 1952, when he ran successfully for the
United States House of Representatives to fill the seat vacated
by Senator-elect John F. Kennedy;
(6) in 1958, inspired by the establishment of the Cape
Hatteras National Seashore, a seashore park in the State of
North Carolina, Representative Tip O'Neill, along with his
close friend and colleague Representative Edward Boland,
introduced legislation to protect land on Cape Cod as a
national seashore;
(7) in describing the area on Cape Cod referred to in
paragraph (6), Henry David Thoreau wrote that ``[a] man may
stand there and put all America behind him'', as the pristine
sandy beach, marshes, ponds, and uplands supporting diverse
species represent a unique, cherished jewel of nature;
(8) the legislation referred to in paragraph (6)
established a 40-mile National Park along the outer beach of
Cape Cod, from the city of Chatham through the cities of
Orleans, Eastham, Wellfleet, Truro, and Provincetown, including
lighthouses, cultural landscapes, and wild cranberry bogs that
offer a glimpse of the past and continuing ways of life of Cape
Cod;
(9) after introducing the legislation referred to in
paragraph (6) in the 85th Congress, Tip O'Neill continued to
advocate strongly for the establishment of the Cape Cod
National Seashore, cosponsoring bills in the 86th and 87th
Congresses, testifying at hearings, and working to advance the
legislation through Congress;
(10) the legislation to establish the Cape Cod National
Seashore was intended to preserve one of the great natural
marvels of the United States, including the unbroken beach and
moors, marshes, forests, and freshwater ponds that are home to
many species of birds, fish, animals, and plants;
(11) on August 7, 1961, President Kennedy signed into law
Public Law 87-126, which authorized the establishment the Cape
Cod National Seashore;
(12) in 1966, the Cape Cod National Seashore was formally
established, and Representative O'Neill attended the May 30,
1966, ceremony inaugurating the Salt Pond Visitor Center;
(13) the Cape Cod National Seashore has become a national
treasure, with millions of Americans and visitors from around
the world enjoying the beauty and remarkable biodiversity of
the Cape Cod National Seashore;
(14) Tip O'Neill and his family maintained a home on Cape
Cod in Harwich Port, and he was a frequent visitor to the
National Seashore throughout his service in Congress and his
retirement;
(15) while a Member of Congress, Tip O'Neill rose quickly
through the leadership ranks due to his extraordinary political
skills, mastery of the legislative process, and sharp wit,
serving first as Majority Whip in the House of Representatives
beginning in 1971 and then, in 1973, as House Majority Leader;
(16) one of Tip O'Neill's greatest accomplishments as
Speaker was the crafting of a peace accord between warring
factions in Northern Ireland, during which he worked with
fellow Irish-American politicians, including Senator Edward M.
Kennedy, to develop the ``St. Patrick's Day declaration'',
which denounced violence in Northern Ireland and culminated
with the Irish aid package on the signing of the Anglo-Irish
Agreement in 1985;
(17) on January 3, 1987, Tip O'Neill retired from Congress,
having served in public life for 50 years, including 34 years
as a Member of Congress and 10 years as Speaker of the House,
the longest continuous term of any Speaker since the first
Congress met in 1789;
(18) Tip O'Neill's extraordinary record of public service
to the United States and tremendous accomplishments and
unmatched attention to the needs of his constituents led
President George H.W. Bush in 1991 to present Tip O'Neill with
the Presidential Medal of Freedom, the highest civilian award
in the United States; and
(19) it is fitting to recognize the support of Tip O'Neill
for the protection of the natural, historic, and cultural
resources of the National Parks of the State of Massachusetts.
(b) Designation.--The Salt Pond Visitor Center at Cape Cod National
Seashore in Eastham, Massachusetts, is designated as the ``Thomas P.
O'Neill, Jr. Salt Pond Visitor Center''.
(c) References.--Any reference to the Salt Pond Visitor Center at
Cape Cod National Seashore in any law, regulation, map, document,
record, or other paper of the United States shall be considered to be a
reference to the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''.
(d) Signage.--The Secretary of the Interior may post an
interpretive sign at the visitor center described in this section
that--
(1) includes information on Thomas P. O'Neill, Jr. and his
contributions as a Member of the United States House of
Representatives;
(2) includes an image of Thomas P. O'Neill, Jr.; and
(3) refers to the efforts of Thomas P. O'Neill, Jr. to aid
in the preservation of the Cape Cod National Seashore and other
National Parks in the State of Massachusetts. | Designates the Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, as the "Thomas P. O'Neill, Jr. Salt Pond Visitor Center". | A bill to designate the Salt Pond Visitor Center at the Cape Cod National Seashore as the "Thomas P. O'Neill, Jr. Salt Pond Visitor Center", and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Security Enhancement
Investment Act of 2001''.
SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF QUALIFYING
SECURITY ENHANCEMENT PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. SECURITY ENHANCEMENT PROPERTY.
``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security enhancement property as an expense
which is not chargeable to capital account. Any cost so treated shall
be allowed as a deduction for the taxable year in which such device is
placed in service.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying security enhancement property.--The term
`qualifying security enhancement property' means security
enhancement property--
``(A) to which section 168 applies,
``(B) which is acquired by purchase (as defined in
section 179(d)(2)), and
``(C) which is installed or placed in service in or
outside of a building which is owned or occupied by the
taxpayer and which is located in the United States.
``(2) Security enhancement property.--
``(A) In general.--The term `security enhancement
property' means property which is specifically and
primarily designed when installed in or outside of a
building--
``(i) to detect or prevent the unlawful
access by individuals into the building or onto
its grounds,
``(ii) to detect or prevent the unlawful
bringing into the building or onto its grounds
of weapons, explosives, hazardous materials, or
other property capable of harming the occupants
of the building or damaging the building, or
``(iii) to protect occupants of the
building or the building from the effects of
property described in clause (ii).
``(B) Certain property included.--The term
`security enhancement property' includes--
``(i) any security device, or
``(ii) any barrier to access to the
building grounds.
``(3) Security device.--The term `security device' means
any of the following:
``(A) An electronic access control device or
system.
``(B) Biometric identification or verification
device or system.
``(C) Closed-circuit television or other
surveillance and security cameras and equipment.
``(D) Locks for doors and windows, including
tumbler, key, and numerical or other coded devices.
``(E) Computers and software used to combat
cyberterrorism.
``(F) Electronic alarm systems to provide detection
notification and off-premises transmission of an
unauthorized entry, attack, or fire.
``(G) Components, wiring, system displays,
terminals, auxiliary power supplies, and other
equipment necessary or incidental to the operation of
any item described in subparagraph (A), (B), (C), (D),
(E), or (F).
``(4) Building.--The term `building' includes any structure
or part of a structure used for commercial, retail, or business
purposes.
``(c) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to the
purchase of a qualifying security device, the basis of such
device shall be reduced by the amount of the deduction so
allowed.
``(2) Only incremental cost included.--If qualifying
security enhancement property has a use or function other than
that described in subsection (b)(2), only the incremental cost
of the use or function so described shall be taken into
account.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4) of section 179(b), section 179(c),
and paragraphs (3), (4), (8), and (10) of section 179(d), shall
apply for purposes of this section.''
(b) Conforming and Clerical Amendments.--
(1) Section 263(a)(1) of the Internal Revenue Code of 1986
is amended by striking ``or'' at the end of subparagraph (G),
by striking the period at the end of subparagraph (H) and
inserting ``, or'', and by inserting after subparagraph (H) the
following new subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''
(2) Section 312(k)(3)(B) of such Code is amended--
(A) by striking ``or 179A'' and inserting ``, 179A,
or 179B'', and
(B) by striking ``or 179a'' in the heading and
inserting ``, 179a, or 179b''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
inserting after paragraph (28) the following new paragraph:
``(29) to the extent provided in section 179B(c)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179A the following new item:
``Sec. 179B. Security enhancement
property.''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2001, in
taxable years ending after September 10, 2001. | American Security Enhancement Investment Act of 2001 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security enhancement property. | A bill to amend the Internal Revenue Code of 1986 to allow a business deduction for the purchase and installation of qualifying security enhancement property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom For Consumer Choice Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act, the following definitions shall
apply:
(1) Antitrust laws.--The term ``antitrust laws'' includes--
(A) the Act entitled ``An Act to protect trade and
commerce against unlawful restraints and monopolies'',
approved July 2, 1890;
(B) sections 73 through 76 of an Act entitled ``An
Act to reduce taxation, to provide revenue for the
Government, and for other purposes'', approved August
27, 1894;
(C) the Act entitled ``An Act to amend sections 73
and 76 of the Act of August 27, 1894, entitled An Act
to reduce taxation, to provide revenue for the
Government, and for other purposes'', approved February
12, 1913; and
(D) the Act entitled ``An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes'', approved October
15, 1914.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Electronic communications network.--The term
``electronic communications network'' means--
(A) a transmission system; and
(B) where applicable, switching or routing
equipment and other facilities which permit the
conveyance of signals by wire, radio, optical, or other
electromagnetic means, over satellite, cable, or other
facilities, whether fixed or mobile, to the extent that
such facilities are used for the purpose of
transmitting signals, irrespective of the type of
information conveyed.
(4) Electronic communications service.--The term
``electronic communications service'' means a service normally
provided for remuneration which consists wholly or mainly in
the conveyance of signals on electronic communications
networks.
(5) Unfair methods of competition.--
(A) In general.--The term ``unfair methods of
competition'' means--
(i) practices that present a threat of
abuse of significant and nontransitory market
power as determined by the Commission
consistent with the application of
jurisprudential principles grounded in market-
oriented competition analysis such as those
commonly employed by the Federal Trade
Commission and the United States Department of
Justice in enforcing the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) and the
antitrust laws of the United States; and
(ii) with respect to interconnection,
practices that pose a substantial and
nontransitory risk to consumer welfare by
materially and substantially impeding the
interconnection of public communications
facilities and services in circumstances in
which the Commission determines that
marketplace competition is not sufficient to
adequately protect consumer welfare.
(B) Interconnection determination.--In making any
determination under subparagraph (A)(ii), the
Commission shall consider whether requiring
interconnection will adversely affect investment in
facilities and innovation in services.
(b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this Act shall have the same meaning given to such
terms under sections 3, 254, and 602 of the Communications Act of 1934
(47 U.S.C. 153, 254, and 522).
SEC. 3. FINDINGS AND POLICY.
(a) Findings.--Congress finds that--
(1) in 1996, Congress enacted and the President signed into
law the Telecommunications Act of 1996, which was intended to
provide a procompetitive, deregulatory framework designed to
facilitate the continuing transition to a more competitive
communications market;
(2) since the enactment and implementation of the
Telecommunications Act of 1996, rapid advances in technology
and marketplace developments have further increased the
existence of competition in all communications markets and the
likelihood of the continuing existence and increasing intensity
of competition;
(3) competition in a dynamic communications marketplace is
the most effective and efficient means for protecting consumers
and enhancing the consumer welfare of all the people of the
United States in terms of achieving the optimum mix of price,
quality, and consumer choice; and
(4) unnecessary regulation regarding protection of
consumers and enhancement of consumer welfare deters--
(A) investment in new and advanced communications
facilities; and
(B) the development of new services and
applications.
(b) Policy.--It shall be the policy of the United States
Government--
(1) to promote the widespread availability of
communications services for all Americans in order to assure
that the American people have access to a diversity of
information sources necessary for democratic government;
(2) to promote the integrity, reliability, and efficiency
of communications facilities in a manner consistent with--
(A) the encouragement of investment in advanced
communications networks; and
(B) innovation in communications services and
applications;
(3) that economic regulation of communications markets
should be presumed unnecessary absent circumstances that
demonstrate the existence of a significant threat of abuse of
market power that poses a substantial and nontransitory risk to
consumer welfare; and
(4) that in order to ensure that the actions of the Federal
Communications Commission are consistent with the findings in
subsection (a), and to effectuate the deregulatory policy
declared in this subsection, the decisions of the Commission
should be based on jurisprudential principles grounded in
market-oriented competition analysis such as those commonly
employed by the Federal Trade Commission and the Department of
Justice in enforcing the Federal Trade Commission Act (15
U.S.C. 41 et seq.) and the antitrust laws of the United States.
SEC. 4. PROHIBITION OF UNFAIR METHODS OF COMPETITION.
(a) In General.--It shall be unlawful for any provider of
electronic communications service, including any State, or any general
purpose political subdivision of a State, to engage or participate, or
to attempt to engage or participate, in--
(1) unfair methods of competition in or affecting
electronic communications networks and electronic
communications services; or
(2) unfair or deceptive practices in or affecting
electronic communications networks and electronic
communications services.
(b) Rulemaking Authority.--
(1) In general.--The Commission may, by rule, define with
specificity, the acts or practices that shall constitute unfair
methods of competition or unfair or deceptive acts or practices
as described in subsection (a).
(2) Content of rules.--Rules promulgated under paragraph
(1) may include such requirements as the Commission determines
necessary to prevent any methods, acts, or practices prohibited
by this section.
(3) Limitation.--
(A) In general.--Notwithstanding paragraph (1) and
except as provided in subparagraph (B), the Commission
shall have no authority to issue rules that declare
unlawful an act or practice on the grounds that such
act or practice is an unfair method of competition or
unfair or deceptive act or practice.
(B) Exception.--The Commission may declare an act
or practice unlawful if the Commission determines,
based on a showing of clear and convincing evidence
presented in a rulemaking proceeding, that--
(i) marketplace competition is not
sufficient to adequately protect consumer
welfare; and
(ii) such act or practice--
(I) causes or is likely to cause
substantial injury to consumers; and
(II) is not--
(aa) avoidable by consumers
themselves; and
(bb) outweighed by
countervailing benefits to
consumers or to competition.
(4) Sunset of rules.--Any rule promulgated under paragraph
(1) shall terminate on the day that is 5 years after the date
on which such rule became effective unless the Commission, in a
proceeding in which the public is afforded notice and an
opportunity to comment, makes an affirmative determination,
based on a showing of clear and convincing evidence presented
in such proceeding, that the rule continues to be necessary
because marketplace competition is not sufficient to adequately
protect consumers from substantial injury which is not--
(A) avoidable by consumers themselves; and
(B) outweighed by countervailing benefits to
consumers or to competition.
SEC. 5. ACTIONS FOR COMPLAINTS.
The Commission shall have authority--
(1) to hear complaints from any party injured by a
violation of the prohibitions established under section 4; and
(2) to award damages to such injured party if the
Commission determines that a violation of that section has
occurred.
SEC. 6. TIME LIMITS ON COMMISSION ACTION.
(a) 120-Day Limit for Applications With Supporting Testimony.--If
an application is filed with the Commission under this or any other
Act, and such application is accompanied by supporting testimony from
the applicant or a detailed summary of that testimony, together with
exhibits, if any, the Commission shall issue a decision on such
application not later than 120 days after the application is deemed
complete (as the Commission shall, by rule, determine).
(b) 210-Day Limit for Applications Without Supporting Testimony.--
If an application is filed with the Commission under this or any other
Act, and such application is not accompanied by supporting testimony
and exhibits, the Commission shall issue a decision on such application
not later than 210 days after the application is deemed complete (as
the Commission shall, by rule, determine).
(c) Waiver.--The time limits specified in subsections (a) and (b)--
(1) may be waived by an applicant; and
(2) if so waived, shall not be binding on the Commission.
(d) Extension of Time.--The Commission, in particular cases, under
extraordinary conditions, and after notice and a hearing at which the
existence of such conditions are established, may extend the time
limits specified in subsections (a) and (b) for a period not to exceed
an additional 90 days.
SEC. 7. ADDITIONAL POWERS OF THE COMMISSION.
The Commission shall have authority--
(1) to research and investigate, from time to time, the
organization, business, conduct, or practices of--
(A) any person or entity engaged in, or whose
business affects, the operation of electronic
communications networks; and
(B) any provider of electronic communications
service;
(2) to require any person or entity that owns or operates
an electronic communications networks, or any class of such
persons or entities, to file, in such form, in such manner, and
at such time as the Commission may determine, reports or
answers to specific questions regarding the organization,
business, conduct, or practices of such person or entity, such
reports or answers shall be in writing and made under penalty
of perjury;
(3) to make public, from time to time, in such form, and in
such manner as the Commission determines--
(A) such portions of the information obtained under
paragraph (1) as are in the public interest; and
(B) the reports and answers described under
paragraph (2), except that the Commission--
(i) may not make public any trade secret or
any privileged or confidential commercial or
financial information obtained from such
reports or answers; and
(ii) may disclose such trade secrets or
information to officers and employees of an
appropriate Federal or State law enforcement
agency upon prior certification by an officer
of that Federal or State law enforcement agency
that such trade secrets or information shall--
(I) be maintained in confidence;
and
(II) be used only for official law
enforcement purposes; and
(4) to make annual and special reports to Congress and to
submit with such reports recommendations for additional
legislation. | Freedom for Consumer Choice Act - States U.S. government policy with regard to: (1) the promotion of the widespread availability of communications services; (2) the promotion of the integrity of communications facilities through investment and innovation in advanced communications networks; and (3) the economic regulation of communications markets.
Makes it unlawful for providers of electronic communication services to engage or participate in: (1) unfair methods of competition in or affecting electronic communications networks and services; or (2) unfair or deceptive practices in or affecting such networks and services.
Authorizes the Federal Communications Commission (FCC), by rule, to define the acts or practices that shall constitute such unfair methods of competition or unfair or deceptive acts or practices.
Bars the FCC from having any authority to issue rules that declare unlawful an act or practice on the grounds that it is an unfair method of competition or unfair or deceptive act or practice, except that the FCC may declare an act or practice unlawful if: (1) marketplace competition is insufficient to adequately protect consumer welfare; and (2) such act or practice causes or is likely to cause substantial injury to consumers, is unavoidable by consumers themselves, and is outweighed by countervailing benefits to consumers or to competition.
Terminates any rule promulgated under this Act five years after its effective date unless the FCC makes an affirmative determination that such rule continues to be necessary.
Grants the FCC the authority to hear complaints from any party injured by a violation of the prohibitions under this Act and to award damages to such party if such a violation has occurred.
Sets forth specified additional authorities of the FCC. | A bill to encourage continued investment and innovation in communications networks by establishing a new, competition analysis-based regulatory framework for the Federal Communications Commission. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Greater Research
Opportunities With Tax Help Act'' or ``GROWTH Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
``(a) General Rule.--For purposes of section 38, the research
credit determined under this section for the taxable year shall be an
amount equal to 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the average
qualified research expenses for the 3 taxable years preceding the
taxable year for which the credit is being determined.''.
(b) Special Rules and Termination of Base Amount Calculation.--
(1) In general.--Subsection (c) of section 41 is amended to
read as follows:
``(c) Special Rule in Case of No Qualified Research Expenses in Any
of 3 Preceding Taxable Years.--
``(1) Taxpayers to which subsection applies.--The credit
under this section shall be determined under this subsection,
and not under subsection (a), if, in any one of the 3 taxable
years preceding the taxable year for which the credit is being
determined, the taxpayer has no qualified research expenses.
``(2) Credit rate.--The credit determined under this
subsection shall be equal to 10 percent of the qualified
research expenses for the taxable year.''.
(2) Consistent treatment of expenses.--Subsection (b) of
section 41 is amended by adding at the end the following new
paragraph:
``(5) Consistent treatment of expenses required.--
``(A) In general.--Notwithstanding whether the
period for filing a claim for credit or refund has
expired for any taxable year in the 3-taxable-year
period taken into account under subsection (a), the
qualified research expenses taken into account for such
year shall be determined on a basis consistent with the
determination of qualified research expenses for the
credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in
calculating a taxpayer's qualified research expenses
caused by a change in accounting methods used by such
taxpayer between the credit year and a year in such 3-
taxable-year period.''.
(c) Inclusion of Qualified Research Expenses of an Acquired
Person.--
(1) Partial inclusion of pre-acquisition qualified research
expenses.--Subparagraph (A) of section 41(f)(3) is amended to
read as follows:
``(A) Acquisitions.--
``(i) In general.--If a person acquires the
major portion of a trade or business of another
person (hereinafter in this paragraph referred
to as the `predecessor') or the major portion
of a separate unit of a trade or business of a
predecessor, then the amount of qualified
research expenses paid or incurred by the
acquiring person during the 3 taxable years
preceding the taxable year in which the credit
under this section is determined shall be
increased by--
``(I) for purposes of applying this
section for the taxable year in which
such acquisition is made, the amount
determined under clause (ii), and
``(II) for purposes of applying
this section for any taxable year after
the taxable year in which such
acquisition is made, so much of the
qualified research expenses paid or
incurred by the predecessor with
respect to the acquired trade or
business during the portion of the
measurement period that is part of the
3-taxable-year period preceding the
taxable year for which the credit is
determined as is attributable to the
portion of such trade or business or
separate unit acquired by such person.
``(ii) Amount determined.--The amount
determined under this clause is the amount
equal to the product of--
``(I) so much of the qualified
research expenses paid or incurred by
the predecessor with respect to the
acquired trade or business during the 3
taxable years before the taxable year
in which the acquisition is made as is
attributable to the portion of such
trade or business or separate unit
acquired by the acquiring person, and
``(II) the number of months in the
period beginning on the date of the
acquisition and ending on the last day
of the taxable year in which the
acquisition is made,
divided by 12.
``(iii) Special rules for coordinating
taxable years.--In the case of an acquiring
person and a predecessor whose taxable years do
not begin on the same date--
``(I) each reference to a taxable
year in clauses (i) and (ii) shall
refer to the appropriate taxable year
of the acquiring person,
``(II) the qualified research
expenses paid or incurred by the
predecessor during each taxable year of
the predecessor any portion of which is
part of the measurement period shall be
allocated equally among the months of
such taxable year, and
``(III) the amount of such
qualified research expenses taken into
account under clauses (i) and (ii) with
respect to a taxable year of the
acquiring person shall be equal to the
total of the expenses attributable
under subclause (II) to the months
occurring during such taxable year.
``(iv) Measurement period.--For purposes of
this subparagraph, the term `measurement
period' means the taxable year of the acquiring
person in which the acquisition is made and the
3 taxable years of the acquiring person
preceding such taxable year.''.
(2) Expenses of a disposing person.--Subparagraph (B) of
section 41(f)(3) is amended to read as follows:
``(B) Dispositions.--If a person disposes of the
major portion of any trade or business or the major
portion of a separate unit of a trade or business in a
transaction to which subparagraph (A) applies, and the
disposing person furnished to the acquiring person such
information as is necessary for the application of
subparagraph (A), then, for purposes of applying this
section for any taxable year ending after such
disposition, the amount of qualified research expenses
paid or incurred by the disposing person during the 3
taxable years preceding such taxable year shall be
decreased by the amount of the increase determined
under subparagraph (A) with respect to the acquiring
person for such taxable year.''.
(d) Aggregation of Expenditures.--Paragraph (1) of section 41(f) is
amended--
(1) by striking ``shall be its proportionate shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums, giving
rise to the credit'' in subparagraph (A)(ii) and inserting
``shall be determined on a proportionate basis to its share of
the aggregate qualified research expenses taken into account by
such controlled group for purposes of this section'', and
(2) by striking ``shall be its proportionate shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums, giving
rise to the credit'' in subparagraph (B)(ii) and inserting
``shall be determined on a proportionate basis to its share of
the aggregate qualified research expenses taken into account by
all such persons under common control for purposes of this
section''.
(e) Permanent Extension.--
(1) Section 41 is amended by striking subsection (h).
(2) Paragraph (1) of section 45C(b) is amended by striking
subparagraph (D).
(f) Conforming Amendments.--
(1) Termination of basic research payment calculation.--
Section 41 is amended--
(A) by striking subsection (e),
(B) by redesignating subsection (g) as subsection
(e), and
(C) by relocating subsection (e), as so
redesignated, immediately after subsection (d).
(2) Special rules.--
(A) Paragraph (4) of section 41(f) is amended by
striking ``and gross receipts''.
(B) Subsection (f) of section 41 is amended by
striking paragraph (6).
(3) Cross-references.--
(A) Paragraph (2) of section 45C(c) is amended by
striking ``base period research expenses'' and
inserting ``average qualified research expenses''.
(B) Subparagraph (A) of section 54(l)(3) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(C) Clause (i) of section 170(e)(4)(B) is amended
to read as follows:
``(i) the contribution is to a qualified
organization,''.
(D) Paragraph (4) of section 170(e) is amended by
adding at the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in subsection
(b)(1)(A)(ii), or
``(ii) any organization not described in
clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.''.
(E) Section 280C is amended--
(i) by striking ``or basic research
expenses (as defined in section 41(e)(2))'' in
subsection (c)(1),
(ii) by striking ``section 41(a)(1)'' in
subsection (c)(2)(A) and inserting ``section
41(a)'', and
(iii) by striking ``or basic research
expenses'' in subsection (c)(2)(B).
(F) Clause (i) of section 1400N(l)(7)(B) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(g) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(h) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to taxable
years beginning after December 31, 2011.
(2) Permanent extension.--The amendments made by subsection
(e) shall apply to amounts paid or incurred after December 31,
2011.
(3) Technical corrections.--The amendments made by
subsection (g) shall take effect on the date of the enactment
of this Act. | Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14% to 20% the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent. | A bill to amend the Internal Revenue Code of 1986 to increase and make permanent the alternative simplified research credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Health Professionals
Act of 2011''.
SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:
``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
if--
``(1) the professional is serving as a volunteer for
purposes of responding to a disaster; and
``(2) the act or omission occurs--
``(A) during the period of the disaster, as
determined under the laws listed in subsection (e)(1);
``(B) in the health care professional's capacity as
such a volunteer; and
``(C) in a good faith belief that the individual
being treated is in need of health care services.
``(b) Exceptions.--Subsection (a) does not apply if--
``(1) the harm was caused by an act or omission
constituting willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious flagrant indifference to
the rights or safety of the individual harmed by the health
care professional; or
``(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of intoxicating alcohol or an
intoxicating drug.
``(c) Standard of Proof.--In any civil action or proceeding against
a health care professional claiming that the limitation in subsection
(a) applies, the plaintiff shall have the burden of proving by clear
and convincing evidence the extent to which limitation does not apply.
``(d) Preemption.--
``(1) In general.--This section preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
``(2) Volunteer protection act.--Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997.
``(e) Definitions.--In this section:
``(1) The term `disaster' means--
``(A) a national emergency declared by the
President under the National Emergencies Act;
``(B) an emergency or major disaster declared by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; or
``(C) a public health emergency determined by the
Secretary under section 319 of this Act.
``(2) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(3) The term `health care professional' means an
individual who is licensed, certified, or authorized in one or
more States to practice a health care profession.
``(4) The term `State' includes each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(5)(A) The term `volunteer' means a health care
professional who, with respect to the health care services
rendered, does not receive--
``(i) compensation; or
``(ii) any other thing of value in lieu of
compensation, in excess of $500 per year.
``(B) For purposes of subparagraph (A), the term
`compensation'--
``(i) includes payment under any insurance policy
or health plan, or under any Federal or State health
benefits program; and
``(ii) excludes--
``(I) reasonable reimbursement or allowance
for expenses actually incurred;
``(II) receipt of paid leave; and
``(III) receipt of items to be used
exclusively for rendering the health services
in the health care professional's capacity as a
volunteer described in subsection (a)(1).''.
(b) Effective Date.--
(1) In general.--This Act and the amendment made by
subsection (a) shall take effect 90 days after the date of the
enactment of this Act.
(2) Application.--This Act applies to any claim for harm
caused by an act or omission of a health care professional
where the claim is filed on or after the effective date of this
Act, but only if the harm that is the subject of the claim or
the conduct that caused such harm occurred on or after such
effective date. | Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services.
Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug. | To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grand River Bands
of Ottawa Indians of Michigan Referral Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--REFERRAL TO THE SECRETARY
Sec. 101. Purpose.
Sec. 102. Report.
Sec. 103. Action by Congress.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
Sec. 201. Recognition.
Sec. 202. Membership.
Sec. 203. Federal services and benefits.
Sec. 204. Rights of the Tribe.
Sec. 205. Tribal funds.
Sec. 206. Jurisdiction of trust land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bands; tribe.--The terms ``Bands'' and ``Tribe'' mean
the Grand River Bands of the Ottawa Indians of Michigan.
(2) Date of recognition.--The term ``date of recognition''
means the date on which recognition of the Tribe by the
Secretary was published in the Federal Register under section
201.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--REFERRAL TO THE SECRETARY
SEC. 101. PURPOSE.
The purpose of this title is to obtain an expedited review of the
petition of the Bands in order to secure a timely and just
determination of whether the Bands are entitled to recognition as a
Federal Indian tribe under the rules that govern the recognition of a
new group as an Indian tribe.
SEC. 102. REPORT.
(a) In General.--Not later than August 31, 2007, the Secretary
shall review the petition of the Bands and submit to Congress a report
describing the findings of the Secretary regarding whether--
(1) the majority of members of the Bands are descendants
of, and political successors to, signatories of--
(A) the treaty made and concluded at Chicago, in
the State of Illinois, between Lewis Cass and Solomon
Sibley, Commissioners of the United States, and the
Ottawa, Chippewa, and Pottawatamie, Nations of Indians
on August 29, 1821 (7 Stat. 218);
(B) the treaty made and concluded at the city of
Washington in the District of Columbia, between Henry
R. Schoolcraft, commissioner on the part of the United
States, and the Ottawa and Chippewa nations of Indians,
by their chiefs and delegates on March 28, 1836 (7
Stat. 491); and
(C) the articles of agreement and convention made
and concluded at the city of Detroit, in the State of
Michigan, July 31, 1855, between George W. Manypenny
and Henry C. Gilbert, commissioners on the part of the
United States, and the Ottawa and Chippewa Indians of
Michigan, parties to the treaty of March 28, 1836;
(2) the history of the Bands parallels the history of
Indian tribes the members of which are descendants of the
signatories to the treaties described in subparagraphs (B) and
(C) of paragraph (1), including--
(A) the Grand Traverse Band of Ottawa and Chippewa
Indians;
(B) the Sault Ste. Marie Tribe of Chippewa Indians;
(C) the Bay Mills Band of Chippewa Indians;
(D) the Little Traverse Bay Band of Odawa Indians;
and
(E) the Little River Band of Ottawa Indians;
(3) the majority of members of the Bands continue to reside
in the ancestral homeland of the Bands (which is now the
Western lower quadrant of the State of Michigan), as recognized
in the treaties described in paragraph (1);
(4)(A) the Bands filed for reorganization of the tribal
government of the Bands in 1935 under the Act of June 18, 1934
(commonly referred to as the ``Indian Reorganization Act'') (25
U.S.C. 461 et seq.);
(B) the Commissioner of Indian Affairs attested to the
continued social and political existence of the Bands and
concluded that the Bands were eligible for reorganization; and
(C) due to a lack of Federal appropriations to implement
the provisions of the Indian Reorganization Act, the Bands were
denied the opportunity to reorganize;
(5)(A) the Bands continued political and social existence
as a viable tribal government during the participation of the
Bands in the Northern Michigan Ottawa Association in 1948,
which subsequently pursued a successful land claim with the
Indian Claims Commission; and
(B) the Bands carried out tribal governmental functions
through the Northern Michigan Ottawa Association while
retaining control over local decisions;
(6) the Federal Government, the government of the State of
Michigan, and local governments have had continuous dealings
with recognized political leaders of the Bands from 1836 to the
present; and
(7) the Bands were included in the Michigan Indian Land
Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and
was required to submit a fully documented petition not later
than December 15, 2000, to qualify for land claim funds set
aside for the Bands, which the Secretary segregated and holds
in trust for the Bands pending recognition as the respective
share of funds of the Bands under that Act.
(b) Consultation.--In carrying out this section, the Secretary
shall consult with and request information from--
(1) elected leaders of the Bands; and
(2) anthropologists, ethno-historians, and genealogists
associated with the Bands;
(3) attorneys of the Bands; and
(4) other experts, as the Secretary determines appropriate.
(c) Conclusion.--
(1) Positive report.--Not later than August 31, 2007, if
the Secretary determines by a preponderance of the evidence
that the Bands satisfy each condition of subsection (a), the
Secretary shall submit to Congress a positive report indicating
that determination.
(2) Negative report.--Not later than August 31, 2007, if
the Secretary determines by a preponderance of the evidence
that the Bands fail to satisfy a condition of subsection (a),
the Secretary shall submit to Congress a negative report
indicating that determination.
(d) Failure to Submit Report.--If the Secretary fails to submit to
Congress a report in accordance with subsection (c)--
(1) not later than November 30, 2007, the Secretary shall
recognize the Bands as an Indian tribe; and
(2) title II shall apply to the Bands.
SEC. 103. ACTION BY CONGRESS.
(a) Action by Deadline.--
(1) In general.--If Congress acts on the report of the
Secretary under section 102(c) by the date that is 60 days
after the date of receipt of the report, the Secretary shall
carry out the actions described in this subsection.
(2) Positive report.--If the Secretary submitted a positive
report under section 102(c)(1)--
(A) not later than November 30, 2007, the Secretary
shall recognize the Bands as an Indian tribe; and
(B) title II shall apply to the Bands.
(3) Negative report.--If the Secretary submitted a negative
report under section 102(c)(2), the Secretary shall--
(A) return the petition of the Bands to the list
maintained by the Office of Federal Acknowledgment; and
(B) grant the Bands any opportunity available to
the Bands to prove the status of the Bands as an Indian
tribe.
(b) Failure to Act by Deadline.--
(1) In general.--If Congress fails to act on the report of
the Secretary under section 102(c) by the date that is 60 days
after the date of receipt of the report, the Secretary shall
carry out the actions described in this subsection.
(2) Positive report.--If the Secretary submitted a positive
report under section 102(c)(1)--
(A) not later than November 30, 2007, the Secretary
shall recognize the Bands as an Indian tribe; and
(B) title II shall apply to the Bands.
(3) Negative report.--If the Secretary submitted a negative
report under section 102(c)(2), the Secretary shall--
(A) return the petition of the Bands to the list
maintained by the Office of Federal Acknowledgment; and
(B) grant the Bands any opportunity available to
the Bands to prove the status of the Bands as an Indian
tribe.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
SEC. 201. RECOGNITION.
Not later than November 30, 2007, if subsection (a)(2) or (b)(2) of
section 103 applies, the Secretary shall--
(1) recognize the Tribe; and
(2) publish notice of the recognition by the Secretary in
the Federal Register.
SEC. 202. MEMBERSHIP.
(a) List of Present Membership.--Not later than 120 days after the
date of recognition, the Tribe shall submit to the Secretary a list of
all individuals that were members of the Tribe on the date of
recognition.
(b) List of Individuals Eligible for Membership.--
(1) In general.--Not later than the date that is 18 months
after the date of recognition, the Tribe shall submit to the
Secretary a membership roll listing all individuals enrolled
for membership in the Tribe.
(2) Qualifications.--The qualifications for inclusion on
the membership roll of the Tribe shall be determined by the
Tribe, in consultation with the Secretary, based on the
membership clause in the governing document of the Tribe.
(3) Publication of notice.--On receiving the membership
roll under paragraph (1), the Secretary shall publish notice of
the membership roll in the Federal Register.
(c) Maintenance of Rolls.--The Tribe shall ensure that the
membership roll of the Tribe is maintained.
SEC. 203. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Not later than October 31, 2007, the Tribe and
each member of the Tribe shall be eligible for all services and
benefits provided by the Federal Government to Indians because of their
status as Indians without regard to--
(1) the existence of a reservation; or
(2) the location of the residence of a member on or near an
Indian reservation.
(b) Jurisdiction.--
(1) In general.--Subject to paragraph (2), for the purpose
of delivering a Federal service to an enrolled member of the
Tribe, the jurisdiction of the Tribe extends to--
(A) all land and water designated to the Ottawa in
the treaties described in subparagraphs (A) and (B) of
section 102(a)(1); and
(B) all land and water described in any other
treaty that provides for a right of the Tribe.
(2) Effect of federal law.--Notwithstanding paragraph (1),
the jurisdiction of the Tribe shall be consistent with Federal
law.
SEC. 204. RIGHTS OF THE TRIBE.
(a) Abrogated and Diminished Rights.--Any right or privilege of the
Tribe or any member of the Tribe that was abrogated or diminished
before the date of recognition under section 201 is reaffirmed.
(b) Existing Rights of Tribe.--
(1) In general.--This Act does not diminish any right or
privilege of the Tribe or any member of the Tribe that existed
prior to the date of recognition.
(2) Legal and equitable claims.--Except as otherwise
provided in this Act, nothing in this Act alters or affects any
legal or equitable claim of the Tribe to enforce any right or
privilege reserved by or granted to the Tribe that was
wrongfully denied to or taken from the Tribe prior to the date
of recognition.
(c) Future Applications.--This Act does not address the merits of,
or affect the right of the Tribe to submit, any future application
regarding--
(1) placing land into trust; or
(2) gaming (as defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
SEC. 205. TRIBAL FUNDS.
Notwithstanding section 110 of the Michigan Indian Land Claims
Settlement Act (111 Stat. 2663), effective beginning on the date of
enactment of this Act, any funds set aside by the Secretary for use by
the Tribe shall be made available to the Tribe.
SEC. 206. JURISDICTION OF TRUST LAND.
(a) In General.--The Tribe shall have jurisdiction over all land
taken into trust by the Secretary for the benefit of the Tribe, to the
maximum extent allowed by law.
(b) Service Area.--The Tribe shall have jurisdiction over all
members of the Tribe that reside in the service area of the Tribe in
matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.), as if the members resided on a reservation (as defined
in that Act). | Grand River Bands of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Bands of the Ottawa Indians of Michigan for recognition as a federal Indian tribe. | A bill to expedite review of the Grand River Bands of Ottawa Indians of Michigan to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe so that the Bands may receive eligible funds before the funds are no longer available. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuels Market Expansion Act of
2011''.
SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT
DUTY TRUCKS.
(a) In General.--Chapter 329 of title 49, United States Code, is
amended by inserting after section 32902 the following:
``Sec. 32902A. Requirement to manufacture dual fueled automobiles and
light duty trucks
``(a) In General.--For each model year listed in the following
table, each manufacturer shall ensure that the percentage of
automobiles and light duty trucks manufactured by the manufacturer for
sale in the United States that are dual fueled automobiles and light
duty trucks is not less than the percentage set forth for that model
year in the following table:
``Model Year Percentage
Model years 2014 and 2015.......................... 50 percent
Model year 2016 and each subsequent model year..... 90 percent.
``(b) Exception.--Subsection (a) shall not apply to automobiles or
light duty trucks that operate only on electricity.''.
(b) Clerical Amendment.--The table of sections for chapter 329 of
title 49, United States Code, is amended by inserting after the item
relating to section 32902 the following:
``32902A. Requirement to manufacture dual fueled automobiles and light
duty trucks.''.
(c) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
regulations to carry out the amendments made by this Act.
SEC. 3. BLENDER PUMP PROMOTION.
(a) Blender Pump Grant Program.--
(1) Definitions.--In this subsection:
(A) Blender pump.--The term ``blender pump'' means
an automotive fuel dispensing pump capable of
dispensing at least 3 different blends of gasoline and
ethanol, as selected by the pump operator, including
blends ranging from 0 percent ethanol to 85 percent
denatured ethanol, as determined by the Secretary.
(B) E-85 fuel.--The term ``E-85 fuel'' means a
blend of gasoline approximately 85 percent of the
content of which is ethanol.
(C) Ethanol fuel blend.--The term ``ethanol fuel
blend'' means a blend of gasoline and ethanol, with a
minimum of 0 percent and maximum of 85 percent of the
content of which is denatured ethanol.
(D) Major fuel distributor.--
(i) In general.--The term ``major fuel
distributor'' means any person that owns a
refinery or directly markets the output of a
refinery.
(ii) Exclusion.--The term ``major fuel
distributor'' does not include any person that
directly markets through less than 50 retail
fueling stations.
(E) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Grants.--The Secretary shall make grants under this
subsection to eligible facilities (as determined by the
Secretary) to pay the Federal share of--
(A) installing blender pump fuel infrastructure,
including infrastructure necessary for the direct
retail sale of ethanol fuel blends (including E-85
fuel), including blender pumps and storage tanks; and
(B) providing subgrants to direct retailers of
ethanol fuel blends (including E-85 fuel) for the
purpose of installing fuel infrastructure for the
direct retail sale of ethanol fuel blends (including E-
85 fuel), including blender pumps and storage tanks.
(3) Limitation.--A major fuel distributor shall not be
eligible for a grant or subgrant under this subsection.
(4) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be up to 50
percent of the total cost of the project.
(5) Reversion.--If an eligible facility or retailer that
receives a grant or subgrant under this subsection does not
offer ethanol fuel blends for sale for at least 2 years during
the 4-year period beginning on the date of installation of the
blender pump, the eligible facility or retailer shall be
required to repay to the Secretary an amount determined to be
appropriate by the Secretary, but not more than the amount of
the grant provided to the eligible facility or retailer under
this subsection.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection, to remain available until expended--
(A) $50,000,000 for fiscal year 2012;
(B) $100,000,000 for fiscal year 2013;
(C) $200,000,000 for fiscal year 2014;
(D) $300,000,000 for fiscal year 2015; and
(E) $350,000,000 for fiscal year 2016.
(b) Installation of Blender Pumps by Major Fuel Distributors at
Owned Stations and Branded Stations.--Section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:
``(13) Installation of blender pumps by major fuel
distributors at owned stations and branded stations.--
``(A) Definitions.--In this paragraph:
``(i) E-85 fuel.--The term `E-85 fuel'
means a blend of gasoline approximately 85
percent of the content of which is ethanol.
``(ii) Ethanol fuel blend.--The term
`ethanol fuel blend' means a blend of gasoline
and ethanol, with a minimum of 0 percent and
maximum of 85 percent of the content of which
is denatured ethanol.
``(iii) Major fuel distributor.--
``(I) In general.--The term `major
fuel distributor' means any person that
owns a refinery or directly markets the
output of a refinery.
``(II) Exclusion.--The term `major
fuel distributor' does not include any
person that directly markets through
less than 50 retail fueling stations.
``(iv) Secretary.--The term `Secretary'
means the Secretary of Energy, acting in
consultation with the Administrator of the
Environmental Protection Agency and the
Secretary of Agriculture.
``(B) Regulations.--The Secretary shall promulgate
regulations to ensure that each major fuel distributor
that sells or introduces gasoline into commerce in the
United States through majority-owned stations or
branded stations installs or otherwise makes available
1 or more blender pumps that dispense E-85 fuel and
ethanol fuel blends (including any other equipment
necessary, such as tanks, to ensure that the pumps
function properly) for a period of not less than 5
years at not less than the applicable percentage of the
majority-owned stations and the branded stations of the
major fuel distributor specified in subparagraph (C).
``(C) Applicable percentage.--For the purpose of
subparagraph (B), the applicable percentage of the
majority-owned stations and the branded stations shall
be determined in accordance with the following table:
``Applicable percentage of
majority-owned stations
and branded stations
Calendar year: Percent:
2014............................................... 10
2016............................................... 20
2018............................................... 35
2020 and each calendar year thereafter............. 50.
``(D) Geographic distribution.--
``(i) In general.--Subject to clause (ii),
in promulgating regulations under subparagraph
(B), the Secretary shall ensure that each major
fuel distributor described in that subparagraph
installs or otherwise makes available 1 or more
blender pumps that dispense E-85 fuel and
ethanol fuel blends at not less than a minimum
percentage (specified in the regulations) of
the majority-owned stations and the branded
stations of the major fuel distributors in each
State.
``(ii) Requirement.--In specifying the
minimum percentage under clause (i), the
Secretary shall ensure that each major fuel
distributor installs or otherwise makes
available 1 or more blender pumps described in
that clause in each State in which the major
fuel distributor operates.
``(E) Financial responsibility.--In promulgating
regulations under subparagraph (B), the Secretary shall
ensure that each major fuel distributor described in
that subparagraph assumes full financial responsibility
for the costs of installing or otherwise making
available the blender pumps described in that
subparagraph and any other equipment necessary
(including tanks) to ensure that the pumps function
properly.
``(F) Production credits for exceeding blender
pumps installation requirement.--
``(i) Earning and period for applying
credits.--If the percentage of the majority-
owned stations and the branded stations of a
major fuel distributor at which the major fuel
distributor installs blender pumps in a
particular calendar year exceeds the percentage
required under subparagraph (C), the major fuel
distributor shall earn credits under this
paragraph, which may be applied to any of the 3
consecutive calendar years immediately after
the calendar year for which the credits are
earned.
``(ii) Trading credits.--Subject to clause
(iii), a major fuel distributor that has earned
credits under clause (i) may sell the credits
to another major fuel distributor to enable the
purchaser to meet the requirement under
subparagraph (C).
``(iii) Exception.--A major fuel
distributor may not use credits purchased under
clause (ii) to fulfill the geographic
distribution requirement in subparagraph
(D).''.
SEC. 4. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), except that the term includes all
types of ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a pipeline for transporting renewable fuel.''.
(b) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42
U.S.C. 16512(c)) is amended--
(1) by striking ``(c) Amount.--Unless'' and inserting the
following:
``(c) Amount.--
``(1) In general.--Unless''; and
(2) by adding at the end the following:
``(2) Renewable fuel pipelines.--A guarantee for a project
described in section 1703(b)(11) shall be in an amount equal to
80 percent of the project cost of the facility that is the
subject of the guarantee, as estimated at the time at which the
guarantee is issued.''.
(c) Renewable Fuel Pipeline Eligibility.--Section 1703(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at
the end the following:
``(11) Renewable fuel pipelines.''.
(d) Rapid Deployment of Renewable Fuel Pipelines.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, or, in the case of projects described in
paragraph (4), September 30, 2012'' before the colon at
the end; and
(B) by adding at the end the following:
``(4) Installation of sufficient infrastructure to allow
for the cost-effective deployment of clean energy technologies
appropriate to each region of the United States, including the
deployment of renewable fuel pipelines through loan guarantees
in an amount equal to 80 percent of the cost.''; and
(2) in subsection (e), by inserting ``, or, in the case of
projects described in subsection (a)(4), September 30, 2012''
before the period at the end.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall promulgate such
regulations as are necessary to carry out the amendments made by this
section. | Biofuels Market Expansion Act of 2011 - Requires automobile manufacturers to ensure that at least 50% of 2014 and 2015 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for 2016 and subsequent model years. (Excludes automobiles and light duty trucks that operate only on electricity.)
Requires the Secretary of Energy (DOE) to make grants to eligible facilities to pay the federal share of: (1) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel); and (2) providing subgrants to direct retailers of such fuels for the installation of such infrastructure. Prohibits a major fuel distributor (any person that owns a refinery or that directly markets the output of a refinery through at least 50 retail fueling stations) from being eligible for such grants or subgrants.
Amends the Clean Air Act to revise the renewable fuel program to require the Secretary to promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at: (1) an overall percentage of such stations increasing from 10% in 2014 to 50% in 2020, and (2) a specified minimum percentage of such stations in each state. Allows such distributors to earn credits if they exceed such percentages and to sell such credits to other distributors, except for use to fulfill the state distribution requirement.
Amends the Energy Policy Act of 2005 to make renewable fuel pipelines eligible for loan guarantees for projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued.
Amends the temporary program for rapid deployment of renewable energy and electric power transmission projects to make eligible for loan guarantees projects for the installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States. | A bill to provide for the expansion of the biofuels market. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Conference on Children
and Youth in 2010 Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds the following:
(1) In 2005 there were over 3,000,000 reports of child
abuse and neglect, and only 60 percent of the children from the
substantiated reports received follow-up services and 20
percent were placed in foster care as a result of an
investigation.
(2) Each year there are nearly 900,000 substantiated
reports of child abuse and neglect.
(3) Each year approximately 60 percent of such
substantiated reports are reports of neglect, 30 percent are
physical and sexual abuse reports, and more than 20 percent are
reports that involve other forms of abuse.
(4) Almost 500,000 children and youth were in foster care
at the end of the Federal fiscal year 2004 and nearly 800,000
spent at least some time in foster care throughout the year.
(5) While 51,000 children are adopted from the foster care
system each year, more than 117,000 children are waiting to be
adopted.
(6) Each year approximately 22,000 youth leave the foster
care system not because they have found permanent placements,
but because they have reached the age at which foster care
ends.
(7) The child welfare system includes State and local
governments, tribal governments, child welfare agencies, child
welfare caseworkers, private agencies, social workers, the
courts, volunteer court appointed special advocates, mental
health and health care professionals, educators, and advocates.
(8) There is an over-representation of certain populations,
including Native Americans and African-Americans, in the child
welfare system.
(9) The number of children being raised by grandparents and
other relatives is increasing and exceeds more than 6,000,000
children cared for in this way, and the Government recognizes
that kinship care is a permanency option through the enactment
of the Adoption and Safe Families Act of 1997.
(10) The State courts make key decisions in the lives of
children involved in the child welfare system, including
decisions of whether children have been victims of child abuse,
whether parental rights should be terminated, and whether
children should be reunified with their families, adopted, or
placed in other settings.
(11) The child welfare system will never fully address its
primary mission unless the courts are an integral and
functioning component of a statewide system of care and
protection.
(b) Policy.--It is the policy of the Congress that--
(1) the Government should work jointly with the States and
their residents to develop recommendations and plans for action
to meet the challenges and needs of children and families
involved with the child welfare system, consistent with this
Act;
(2) in developing such recommendations and plans, emphasis
should be directed toward the role of the Government, State and
local child welfare systems, State family courts systems, child
welfare advocates, guardians, and other key participants in
such child welfare systems, with a goal of enhancing and
protecting the lives and well-being of children and families
who are involved with such child welfare systems; and
(3) Federal, State, and local programs and policies should
be developed to reduce the number of children who are abused
and neglected, to reduce the number of children in foster care,
and to dramatically increase the number of children in
permanent placements through family reunification, kinship
placement, and adoption.
SEC. 3. AUTHORIZATION OF THE CONFERENCE.
(a) Authority To Call the Conference.--The President shall call a
White House Conference on Children and Youth in 2010 (in this Act
referred to as ``the Conference''), to be convened not later than 18
months after the selection of the Policy Committee established in
section 4, to encourage improvements in each State and local child
welfare system, and to develop recommendations for actions to implement
the policy set forth in section 2(b).
(b) Planning and Direction.--The Secretary shall plan, conduct, and
convene the Conference in cooperation with the heads of other
appropriate Federal entities, including the heads of the Department of
Justice, the Department of Education, and the Department of Housing and
Urban Development.
(c) Purposes of the Conference.--The purposes of the Conference
are--
(1) to identify the problems and challenges of child abuse
and neglect, and the needs of the children and families
affected by decisions made through the child welfare system;
(2) to strengthen the use of research-based best practices
that can prevent child abuse and neglect with a special focus
on younger children;
(3) to strengthen the use of research-based best practices
that can increase the placement permanency for children removed
from their homes, including practices involving family
reunification, kinship placement, and adoption;
(4) to promote the role of State family courts in each
State child welfare system;
(5) to develop recommendations that will reduce the number
of children who are in out-of-home care and who fail to leave
foster care before the age of majority, and to reduce the
overrepresentation of certain populations in the child welfare
system;
(6) to examine the role of the Government in building an
equal partnership in assisting and encouraging State, local,
and tribal coordination;
(7) to develop such specific and comprehensive
recommendations for State-level executive and legislative
action as may be appropriate for maintaining and improving the
well-being of children in such system; and
(8) to review the status of recommendations regarding child
welfare made by previous White House conferences.
SEC. 4. POLICY COMMITTEE.
(a) Establishment.--There is hereby established a Policy Committee
which shall be comprised of 17 members to be selected as follows:
(1) Presidential appointees.--Nine members shall be
selected by the President and shall consist of--
(A) 3 members who are officers or employees of the
United States; and
(B) 6 members, who may be officers or employees of
the United States, with experience in the field of
child welfare, including providers and children
directly affected by the child welfare system.
(2) House of representative appointees.--
(A) Two members shall be selected by the Speaker of
the House of Representatives after consultation with
the chairperson of the Committee on Education and
Labor, and the chairperson of the Committee on Ways and
Means, of the House of Representatives.
(B) Two members shall be selected by the minority
leader of the House of Representatives, after
consultation with ranking minority members of such
committees.
(3) Senate appointees.--
(A) Two members shall be selected by the majority
leader of the Senate, after consultation with members
of the Committee on Health, Education, Labor, and
Pensions, and the Committee on Finance, of the Senate.
(B) Two members shall be selected by the minority
leader of the Senate, after consultation with members
of such committees.
(b) Voting; Chairperson.--
(1) Voting.--The Policy Committee shall act by the vote of
a majority of the members present.
(2) Chairperson.--The President shall select the
chairperson from among the members of the Policy Committee. The
chairperson may vote only to break a tie vote of the other
members of the Policy Committee.
(c) Duties of Policy Committee.--The Policy Committee shall first
meet at the call of the Secretary, not later than 30 days after the
last member is selected. Subsequent meetings of the Policy Committee
shall be held at the call of the chairperson of the Policy Committee.
Through meetings, hearings, and working sessions, the Policy Committee
shall--
(1) make recommendations to the Secretary to facilitate the
timely convening of the Conference;
(2) submit to the Secretary a proposed agenda for the
Conference not later than 90 days after the first meeting of
the Policy Committee;
(3) make recommendations for delegates of the Conference;
(4) establish the number of delegates to be selected under
section 5 and the manner by which they are to be selected in
accordance with such section; and
(5) establish other advisory committees as needed to
facilitate Conference participation of--
(A) professionals with direct experience providing
services to children and families in the child welfare
system; and
(B) children and families who are directly involved
in the child welfare system.
SEC. 5. CONFERENCE DELEGATES.
To carry out the purposes of the Conference, the Secretary shall
bring together delegates representative of the spectrum of thought in
the field of child welfare and the courts, without regard to political
affiliation or past partisan activity, who shall include--
(1) the directors of child welfare systems of the States
and tribal governments;
(2) members of the State and local judicial systems
relating to families and children, representatives of the State
organization composed of members of the legal profession, and
attorneys specializing in family law;
(3) elected officials of State and local governments; and
(4) advocates (including national and State organizations),
guardians, experts in the field of child welfare, families,
children, and youth affected by the child welfare system, and
the general public.
SEC. 6. CONFERENCE ADMINISTRATION.
(a) Administration.--In conducting and planning the Conference, the
Secretary shall--
(1) request the cooperation and assistance of the heads of
such other Federal entities as may be appropriate, including
the detailing of personnel;
(2) furnish all reasonable assistance, including financial
assistance, not less than 18 months before the Secretary
convenes the Conference, to State child welfare systems, heads
of State courts and courts on family law, and to other
appropriate organizations, to enable them to organize and
conduct State-level child welfare conferences in conjunction
with and in preparation for participation in the Conference;
(3) prepare and make available for public comment a
proposed agenda for the Conference, which will reflect to the
greatest extent possible the major issues facing child welfare
systems and the courts, consistent with the policy set forth in
section 2(b);
(4) prepare and make available background materials that
the Secretary deems necessary for the use of delegates to the
Conference; and
(5) employ such additional personnel as may be necessary to
carry out this Act without regard to provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates.
(b) Duties.--In carrying out the Secretary's responsibilities and
functions under this section, the Secretary shall ensure that--
(1) the conferences held under subsection (a)(2) will--
(A) be conducted to ensure broad participation of
individuals and groups; and
(B) include conferences on Native Americans--
(i) to identify conditions that adversely
affect their children in the child welfare
system and to identify Native American families
who are at risk of entering such system;
(ii) to propose solutions to ameliorate
such conditions; and
(iii) to provide for the exchange of
information relating to the delivery of
services to their children in the child welfare
system and to Native American families who are
at risk of entering such system; and
(2) the proposed agenda for the Conference as described in
subsection (a)(3) is--
(A) published in the Federal Register not less than
180 days before the Conference is convened; and
(B) made available for public comment for a period
of not less than 60 days;
(3) the final agenda for the Conference, prepared after the
Secretary takes into consideration comments received under
paragraph (2), is published in the Federal Register and
transmitted to the chief executive officers of the States not
later than 30 days after the close of the public comment period
required by paragraph (2);
(4) the personnel employed under subsection (a)(5) are
fairly balanced in terms of point of view represented and are
appointed without regard to political affiliation or previous
partisan activities;
(5) the recommendations of the Conference are not
inappropriately influenced by any public official or special
interest, but instead are the result of the independent and
collective judgment of the delegates of the Conference; and
(6) before the Conference is convened--
(A) current and adequate statistical data
(including decennial census data) and other information
on the well-being of children in the United States; and
(B) such information as may be necessary to
evaluate Federal programs and policies relating to
children;
which the Secretary may obtain by making grants to or entering
into an agreement with, public agencies or nonprofit
organizations, are readily available in advance of the
Conference to the delegates.
SEC. 7. REPORT OF THE CONFERENCE.
(a) Proposed Report.--After consultation with the Policy Committee,
the Secretary shall prepare--
(1) a proposed report on the results of the Conference,
which shall include a statement of comprehensive coherent
national policy on State child welfare systems (including the
courts); and
(2) recommendations for the implementation of such policy;
which shall be published in the Federal Register and submitted to the
chief executive officers of the States, not later than 60 days after
the Conference adjourns.
(b) Response to Proposed Report.--After reviewing and soliciting
recommendations and comments on the report of the Conference, the
Secretary shall request that the chief executive officers of the States
submit to the Secretary, not later than 180 days after receiving the
report, their views and findings on the recommendations of the
Conference.
(c) Final Report.--Not later than 90 days after receiving the views
and findings of the chief executive officers of the States under
subsection (b), the Secretary shall--
(1) prepare a final report of the Conference, which shall
include a compilation of the views and findings of the chief
executive officers of the States; and
(2) publish in the Federal Register, and transmit to the
President and to the Congress, the recommendations for the
administrative action and the legislation necessary to
implement the recommendations contained in such report.
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Marianas, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000 to carry out
this Act.
SEC. 10. LIMITATION OF APPROPRIATIONS.
New spending authority or new authority to enter into contracts
under which the United States is obligated to make outlays shall be
effective only to the extent and in such amounts as are provided in
advance in appropriations Acts. | White House Conference on Children and Youth in 2010 Act - Directs the President to call a White House Conference on Children and Youth in 2010 to: (1) encourage improvements in each state and local child welfare system; and (2) develop recommendations for actions to implement express policy regarding federal, state, and local programs. | To require the President to call a White House Conference on Children and Youth in 2010. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Accountability and
Recovery Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chesapeake bay state.--The term ``Chesapeake Bay State'' or
``State'' means any of--
(A) the States of Maryland, West Virginia, Delaware, and
New York;
(B) the Commonwealths of Virginia and Pennsylvania; and
(C) the District of Columbia.
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means all tributaries, backwaters, and side channels,
including watersheds, draining into the Chesapeake Bay.
(4) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' has the meaning given the term by section
117(a) of the Federal Water Pollution Control Act (33 U.S.C.
1267(a)).
(5) Chief executive.--The term ``chief executive'' means, in
the case of a State or Commonwealth, the Governor of the State or
Commonwealth and, in the case of the District of Columbia, the
Mayor of the District of Columbia.
(6) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
(7) Federal restoration activity.--
(A) In general.--The term ``Federal restoration activity''
means a Federal program or project carried out under Federal
authority in existence as of the date of enactment of this Act
with the express intent to directly protect, conserve, or
restore living resources, habitat, water resources, or water
quality in the Chesapeake Bay watershed, including programs or
projects that provide financial and technical assistance to
promote responsible land use, stewardship, and community
engagement in the Chesapeake Bay watershed.
(B) Categorization.--Federal restoration activities may be
categorized as follows:
(i) Physical restoration.
(ii) Planning.
(iii) Feasibility studies.
(iv) Scientific research.
(v) Monitoring.
(vi) Education.
(vii) Infrastructure development.
(8) State restoration activity.--
(A) In general.--The term ``State restoration activity''
means any State program or project carried out under State
authority that directly or indirectly protect, conserve, or
restore living resources, habitat, water resources, or water
quality in the Chesapeake Bay watershed, including programs or
projects that promote responsible land use, stewardship, and
community engagement in the Chesapeake Bay watershed.
(B) Categorization.--State restoration activities may be
categorized as follows:
(i) Physical restoration.
(ii) Planning.
(iii) Feasibility studies.
(iv) Scientific research.
(v) Monitoring.
(vi) Education.
(vii) Infrastructure development.
SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET.
(a) In General.--The Director, in consultation with the Chesapeake
Executive Council, the chief executive of each Chesapeake Bay State,
and the Chesapeake Bay Commission, shall submit to Congress a financial
report containing--
(1) an interagency crosscut budget that displays, as
applicable--
(A) the proposed funding for any Federal restoration
activity to be carried out in the succeeding fiscal year,
including any planned interagency or intra-agency transfer, for
each of the Federal agencies that carry out restoration
activities;
(B) to the extent that information is available, the
estimated funding for any State restoration activity to be
carried out in the succeeding fiscal year;
(C) all expenditures for Federal restoration activities
from the preceding 2 fiscal years, the current fiscal year, and
the succeeding fiscal year;
(D) all expenditures, to the extent that information is
available, for State restoration activities during the
equivalent time period described in subparagraph (C); and
(E) a section that identifies and evaluates, based on need
and appropriateness, specific opportunities to consolidate
similar programs and activities within the budget and
recommendations to Congress for legislative action to
streamline, consolidate, or eliminate similar programs and
activities within the budget;
(2) a detailed accounting of all funds received and obligated
by each Federal agency for restoration activities during the
current and preceding fiscal years, including the identification of
funds that were transferred to a Chesapeake Bay State for
restoration activities;
(3) to the extent that information is available, a detailed
accounting from each State of all funds received and obligated from
a Federal agency for restoration activities during the current and
preceding fiscal years; and
(4) a description of each of the proposed Federal and State
restoration activities to be carried out in the succeeding fiscal
year (corresponding to those activities listed in subparagraphs (A)
and (B) of paragraph (1)), including--
(A) the project description;
(B) the current status of the project;
(C) the Federal or State statutory or regulatory authority,
program, or responsible agency;
(D) the authorization level for appropriations;
(E) the project timeline, including benchmarks;
(F) references to project documents;
(G) descriptions of risks and uncertainties of project
implementation;
(H) a list of coordinating entities;
(I) a description of the funding history for the project;
(J) cost sharing; and
(K) alignment with the existing Chesapeake Bay Agreement,
Chesapeake Executive Council goals and priorities, and Annual
Action Plan required by section 205 of Executive Order 13508
(33 U.S.C. 1267 note; relating to Chesapeake Bay protection and
restoration).
(b) Minimum Funding Levels.--In describing restoration activities
in the report required under subsection (a), the Director shall only
include--
(1) for the first 3 years that the report is required,
descriptions of--
(A) Federal restoration activities that have funding
amounts greater than or equal to $300,000; and
(B) State restoration activities that have funding amounts
greater than or equal to $300,000; and
(2) for every year thereafter, descriptions of--
(A) Federal restoration activities that have funding
amounts greater than or equal to $100,000; and
(B) State restoration activities that have funding amounts
greater than or equal to $100,000.
(c) Deadline.--The Director shall submit to Congress the report
required by subsection (a) not later than September 30 of each year.
(d) Report.--Copies of the report required by subsection (a) shall
be submitted to the Committees on Appropriations, Natural Resources,
Energy and Commerce, and Transportation and Infrastructure of the House
of Representatives and the Committees on Appropriations, Environment
and Public Works, and Commerce, Science, and Transportation of the
Senate.
(e) Effective Date.--This section shall apply beginning with the
first fiscal year after the date of enactment of this Act.
SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
(a) In General.--There shall be an Independent Evaluator for
restoration activities in the Chesapeake Bay watershed, who shall
review and report on--
(1) restoration activities; and
(2) any related topics that are suggested by the Chesapeake
Executive Council.
(b) Appointment.--
(1) In general.--Not later than 30 days after the date of
submission of nominees by the Chesapeake Executive Council, the
Independent Evaluator shall be appointed by the Administrator from
among nominees submitted by the Chesapeake Executive Council with
the consultation of the scientific community.
(2) Nominations.--The Chesapeake Executive Council may nominate
for consideration as Independent Evaluator a science-based
institution of higher education.
(3) Requirements.--The Administrator shall only select as
Independent Evaluator a nominee that the Administrator determines
demonstrates excellence in marine science, policy evaluation, or
other studies relating to complex environmental restoration
activities.
(c) Reports.--Not later than 180 days after the date of appointment
and once every 2 years thereafter, the Independent Evaluator shall
submit to Congress a report describing the findings and recommendations
of reviews conducted under subsection (a).
SEC. 5. PROHIBITION ON NEW FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 2, 2014. Chesapeake Bay Accountability and Recovery Act of 2014 - (Sec. 3) Requires the Office of Management and Budget (OMB) to submit to Congress a financial report on restoration activities in the Chesapeake Bay watershed by September 30 of each year. Requires the report to contain: an interagency crosscut budget for federal and state restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; an accounting of funds received and obligated by each federal agency for restoration activities during the current and preceding fiscal years; an accounting from Maryland, West Virginia, Delaware, New York, Virginia, Pennsylvania, and the District of Columbia of all funds received and obligated from a federal agency for restoration activities during the current and preceding fiscal years; and a description of each of the proposed federal and state restoration activities to be carried out in the succeeding fiscal year. Requires the report to describe only restoration activities that have funding amounts of at least $300,000 for the first three years and restoration activities that have funding amounts of at least $100,000 thereafter. (Sec. 4) Establishes an Independent Evaluator for the Chesapeake Bay watershed to review and report to Congress every two years on restoration activities and related topics that are suggested by the Chesapeake Executive Council. Sets forth the process for appointment of the Independent Evaluator and the qualifications for the position. (Sec. 5) Provides that no additional funds are authorized to be appropriated to carry out this Act. | Chesapeake Bay Accountability and Recovery Act of 2014 |
SECTION 1. SIMPLIFIED TAX.
(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended to read as follows:
``Subtitle A--Income Taxes
``Chapter 1. Computation of taxable income.
``Chapter 2. Determination of tax liability.
``Chapter 3. Exempt organizations.
``Chapter 4. Withholding.
``CHAPTER 1--COMPUTATION OF TAXABLE INCOME
``Sec. 101. Nonbusiness taxable income defined.
``Sec. 102. Business receipts defined.
``Sec. 103. Cost of business inputs defined.
``Sec. 104. Cost of capital equipment, structures, and land defined.
``Sec. 105. Business taxable income defined.
``SEC. 101. NONBUSINESS TAXABLE INCOME DEFINED.
``(a) In General.--For purposes of this title, the term
`nonbusiness taxable income' means--
``(1) all compensation, and
``(2) any income other than compensation from whatever
source derived.
``(b) Compensation.--Compensation means all cash amounts paid by an
employer or received by an employee, including wages, salaries,
pensions, bonuses, prizes, and awards.
``(c) Certain Items Included.--Compensation includes--
``(1) the cash equivalent of any financial instrument
conveyed to an employee, measured as market value at the time
of conveyance; and
``(2) workman's compensation and other payments for
injuries or other compensation for damages.
``(d) Certain Items Excluded.--
``(1) Compensation.--Compensation excludes--
``(A) reimbursements to a taxpayer by an employer
for business expenses paid by the taxpayer in
connection with performance of services as an employee;
``(B) goods and services provided to employees by
employers, including but not limited to medical
benefits, insurance, meals, housing, recreational
facilities, and other fringe benefits; and
``(C) wages, salaries, and other payments for
services performed outside the United States.
``(2) Other income.--No gain from the sale or exchange of
the principal residence of a taxpayer shall be included in
income described in subsection (a)(2).
``SEC. 102. BUSINESS RECEIPTS DEFINED.
``Business receipts are the receipts of a business from the sale or
exchange of products or services produced in or passing through the
United States. Business receipts include--
``(1) gross revenue, excluding sales and excise taxes, from
the sale or exchange of goods and services;
``(2) fees, commissions, and similar receipts, if not
reported as compensation;
``(3) gross rents;
``(4) royalties;
``(5) gross receipts from the sale of plant, equipment, and
land;
``(6) the market value of goods, services, plant,
equipment, or land provided to its owners or employees;
``(7) the market value of goods, services, and equipment
delivered from the United States to points outside the United
States, if not included in sales; and
``(8) the market value of goods and services provided to
depositors, insurance policyholders, and others with a
financial claim upon the business, if not included in sales.
``SEC. 103. COST OF BUSINESS INPUTS DEFINED.
``(a) In General.--The cost of business inputs is the cost of
purchases of goods, services, and materials required for business
purposes.
``(b) Certain Items Included.--The cost of business inputs
includes--
``(1) the actual amount paid for goods, services, and
materials, whether or not resold during the year;
``(2) the market value of business inputs brought into the
United States; and
``(3) the actual cost, if reasonable, of travel and
entertainment expenses for business purposes.
``(c) Certain Items Excluded.--The cost of business inputs excludes
purchases of goods and services provided to employees or owners, unless
these are included in business receipts.
``SEC. 104. COST OF CAPITAL EQUIPMENT, STRUCTURES, AND LAND DEFINED.
``The cost of capital equipment, structures, and land includes any
purchases of these items for business purposes. In the case of
equipment brought into the United States, the cost is the market value
at time of entry into the United States.
``SEC. 105. BUSINESS TAXABLE INCOME DEFINED.
``Business taxable income is business receipts less the cost of
business inputs, less compensation paid to employees, and less the cost
of capital equipment, structures, and land.
``CHAPTER 2--DETERMINATION OF TAX LIABILITY
``Sec. 201. Personal allowance.
``Sec. 202. Nonbusiness tax.
``Sec. 203. Business tax.
``SEC. 201. PERSONAL ALLOWANCE.
``(a) In General.--The personal allowance of a taxpayer for any
taxable year is an amount equal to the sum of the allowance amounts for
the taxpayer, the spouse of the taxpayer if filing jointly, and each
dependent of the taxpayer.
``(b) Allowance Amount.--The allowance amount for any individual is
$4,000. Each year the allowance amount for taxable years beginning in
such year shall be the amount in effect for the preceding year,
increased by the proportional increase during the preceding year in the
Consumer Price Index.
``(c) Special Rules.--For purposes of this chapter--
``(1) a taxpayer is considered married if he was married at
the end of the year or if the taxpayer's spouse died during the
year,
``(2) a taxpayer is a head of a household if the taxpayer
is not married at the end of the year, and maintains as the
taxpayer's home a household which is the principal home of a
dependent of the taxpayer, and
``(3) a dependent is a son, stepson, daughter,
stepdaughter, mother, or father of the taxpayer, for whom the
taxpayer provides more than half support for a taxable year.
``SEC. 202. NONBUSINESS TAX.
``(a) In General.--There is hereby imposed a tax on the nonbusiness
taxable income of every person for each taxable year (reduced by the
amount of the personal allowance under section 201) a tax equal to--
``(1) 15 percent of so much of such income as does not
exceed the limit, plus
``(2) 25 percent of so much of such income as exceeds the
limit.
``(b) Limit.--For purposes of subsection (a)--
``(1) the limit for married taxpayers filing jointly, heads
of household, and surviving spouses is $100,000, and
``(2) the limit for any other taxpayer is $50,000.
``SEC. 203. BUSINESS TAX.
``(a) Business Defined.--Each sole proprietorship, partnership, and
corporation constitutes a business. Any organization or individual not
specifically exempt under chapter 3, with business receipts, is a
business.
``(b) Computation of Tax.--Each business will pay a tax of 19
percent of its business taxable income, or zero if business taxable
income is negative.
``(c) Filing Units.--A business may file any number of business tax
returns for its various subsidiaries or other units, provided that all
business receipts are reported in the aggregate, and provided that each
expenditure for business inputs is reported on no more than one return.
``(d) Carryforward of Losses.--When business taxable income is
negative, the negative amount may be used to offset positive taxes in
future years. The amount carried forward from one year to the next is
augmented according to an interest rate equal to the average daily
yield on 3-month Treasury Bills during the first year. There is no
limit to the amount or the duration of the carryforward.
``CHAPTER 3--EXEMPT ORGANIZATIONS
``Sec. 301. Exempt organizations.
``SEC. 301. EXEMPT ORGANIZATIONS.
``Organizations exempt from the business tax are--
``(1) State and local governments, and their subsidiary
units; and
``(2) educational, religious, charitable, philanthropic,
cultural, and community service organizations that do not
return income to individual or corporate owners.
``CHAPTER 4--WITHHOLDING
``Sec. 401. Withholding.
``SEC. 401. WITHHOLDING.
``Each employer, including exempt organizations, will withhold from
the wages, salaries, and pensions of its employees, and remit to the
Internal Revenue Service, an amount computed in the manner prescribed
in tables published by the Secretary. Every employee will receive a
credit against tax for the amount withheld.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to provide for a simplified income tax. Allows a personal allowance of $4,000 for the taxpayer, spouse (if filing jointly), and each dependent. Adjusts such amount for inflation each year.
Imposes a nonbusiness tax on each person (reduced by the amount of the personal allowance) of 15 percent of income that does not exceed the limit, plus 25 percent of income that exceeds the limit. Specifies that limit as: (1) $100,000 for married taxpayers filing jointly, heads of household, and surviving spouses; and (2) $50,000 for any other taxpayer.
Imposes a tax on each business of 19 percent of taxable income, or zero if such income is negative. Allows the carryforward of losses.
Specifies tax-exempt organizations as: (1) State and local governments; and (2) educational, religious, charitable, philanthropic, cultural, and community service organizations that do not return income to individual or corporate owners.
Provides for tax withholding. | A bill to amend the Internal Revenue Code of 1986 to provide a simplified tax on all income, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State-Owned Entity Transparency and
Accountability Reform Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As Congress expressed when it enacted the Foreign
Sovereign Immunities Act of 1976 (Public Law 94-583; 90 Stat.
2891), under international law, foreign states are immune from
the jurisdiction of the courts of the United States and of the
States, subject to certain exceptions. One of these exceptions,
the ``commercial activity'' exception, generally subjects
foreign states to the jurisdiction of courts of the United
States in actions relating to a foreign state's commercial
activities.
(2) As the Supreme Court observed 7 years after Congress
enacted the Foreign Sovereign Immunities Act of 1976,
``increasingly . . . governments throughout the world have
established separately constituted legal entities to perform a
variety of tasks''. First National City Bank v. Banco Para El
Comercio Exterior de Cuba, 462 U.S. 611 (1983) (referred to in
this section as ``Bancec''). These state instrumentalities are
``typically established as . . . separate juridical entit[ies],
with powers to hold and sell property and to sue and be sued''.
Run by states as ``distinct economic enterpris[es]'', they
operate ``on an enterprise basis'' while enjoying ``a greater
degree of flexibility and independence from close political
control than is generally enjoyed by government agencies. These
same features frequently prompt governments in developing
countries to establish separate juridical entities as the
vehicles through which to obtain the financial resources needed
to make large-scale national investments''.
(3) Because government instrumentalities ``established as
juridical entities distinct and independent from their
sovereign should normally be treated as such'', courts have
accorded them ``a presumption of independent status'' for
purposes of assessing jurisdiction under the Foreign Sovereign
Immunities Act of 1976.
(4) However, the Supreme Court explained in Bancec that
courts have ``consistently refused to give effect to the
corporate form where it is interposed to defeat legislative
policies''. As a result, courts will refuse to presume an
instrumentality's independence from a foreign state if ``a
corporate entity is so extensively controlled by its owner that
a relationship of principal and agent is created'' or
respecting the corporate form ``would work fraud or
injustice''. Transamerica Leasing, Inc. v. La Republica de
Venezuela, 200 F.3d 843, 848-49 (D.C. Cir. 2000).
(5) As state instrumentalities have developed over time,
their corporate structure has commonly become more complex. In
many cases, the structure of state instrumentalities has also
become more opaque. At the same time, as a result of
globalization, such entities are increasingly involved in
commerce and trade involving companies and consumers of the
United States. The result is that companies and consumers of
the United States seeking to sue a foreign state-owned entity
under the ``commercial activity'' exception of the Foreign
Sovereign Immunities Act of 1976 may struggle to determine
which juridical entity--for example, which member or affiliate
of an instrumentality--to sue.
(6) As they have grown larger, more opaque, and more
involved in commercial activity with companies and consumers of
the United States, state instrumentalities have continued
aggressively to assert that they are immune to suit in courts
of the United States.
(7) In some cases, courts also have struggled to determine
the correct juridical entity subject to their jurisdiction
based on the ``commercial activity'' exception. In others,
courts have rejected claims against instrumentalities for
failure to show an intra-instrumentality alter ego
relationship.
(8) In light of the sometimes opaque structure of state
instrumentalities and their increasing interactions with
companies and consumers of the United States, it is necessary
to preserve potential claims of people of the United States
against such entities based on their commercial activities.
Therefore, for purposes of determining jurisdiction under the
``commercial activity'' exception to the Foreign Sovereign
Immunities Act of 1976 only, companies and consumers of the
United States should not be required to prove an alter ego
relationship between members of an instrumentality to establish
subject-matter jurisdiction, as follows.
SEC. 3. AMENDMENT.
Section 1603(d) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' before ``A''; and
(2) by adding at the end the following:
``(2) For purposes of section 1605(a)(2), a commercial activity of
an agency or instrumentality of a foreign state shall be attributable
to any corporate affiliate of the agency or instrumentality that--
``(A) directly or indirectly owns a majority of shares of
the agency or instrumentality; and
``(B) is also an agency or instrumentality of a foreign
state.''. | State-Owned Entity Transparency and Accountability Reform Act of 2016 This bill amends the federal judicial code to allow U.S. courts to hear cases against a foreign state's corporate affiliates under the exception to foreign sovereign immunity that subjects a foreign state's commercial activities to the jurisdiction of U.S. courts. In determining whether a U.S. court has jurisdiction to hear a case based on the commercial activity of a foreign state, a commercial activity of an agency or instrumentality of a foreign state is attributable to any corporate affiliate of the agency or instrumentality that: (1) directly or indirectly owns a majority of shares of the agency or instrumentality, and (2) is also an agency or instrumentality of a foreign state. | State-Owned Entity Transparency and Accountability Reform Act of 2016 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Farm
Assistance Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
Sec. 101. Specialty crops.
Sec. 102. Dairy assistance.
Sec. 103. Livestock indemnity payments.
Sec. 104. Payment limitation.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
Sec. 201. Small business economic loss grant program.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
Sec. 401. Unemployment assistance.
Sec. 402. Food coupons and distribution.
Sec. 403. Emergency grants to assist low-income migrant and seasonal
farmworkers.
Sec. 404. Temporary mortgage rental assistance.
TITLE V--MISCELLANEOUS
Sec. 501. Limit on amount of assistance.
Sec. 502. Funding.
Sec. 503. Regulations.
TITLE VI--EMERGENCY DESIGNATION
Sec. 601. Emergency designation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area
covered by a natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(2) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine;
(E) poultry; and
(F) other livestock, as determined by the
Secretary.
(3) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by the
Secretary under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) during--
(A) calendar year 2005 due to flooding in the
State;
(B) calendar year 2006 due to heat or flooding in
the State; and
(C) calendar year 2007 due to freezing or extreme
low temperatures in the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108-465).
(6) State.--The term ``State'' means the State of
California.
TITLE I--AGRICULTURAL PRODUCTION LOSSES
SEC. 101. SPECIALTY CROPS.
(a) In General.--The Secretary shall use, of funds of the Commodity
Credit Corporation--
(1) $100,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2005;
(2) $400,000,000 to provide assistance to producers of
specialty crops in disaster counties that suffered losses in
calendar year 2006;
(3) $420,000,000 to provide assistance to citrus producers
in disaster counties that suffered losses in calendar year
2007; and
(4) $438,000,000 to provide assistance to producers of
other specialty crops in disaster counties that suffered losses
in calendar year 2007.
(b) Administration.--Except as provided in subsection (c),
assistance required by subsection (a) shall be carried out by the
Secretary in the State under the same terms and conditions as the
special disaster relief programs carried out for producers that
suffered from crop damage and tree losses, and carried out related
cleanup, in certain areas of Florida due to Hurricanes Charley,
Frances, and Jeanne during August and September 2004, as described in
the notice of program implementation relating to Florida citrus, fruit,
vegetable, and nursery crop disaster programs (69 Fed. Reg. 63134
(October 29, 2004)), with vegetable losses treated as citrus losses
under this section for purposes of that program.
(c) Uninsured Citrus Growers.--
(1) Limited assistance.--Subject to paragraph (2), citrus
producers on a farm that did not obtain a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) for the crop incurring the losses shall only be
eligible for assistance under this section if the producers
agree to obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) not later than 180
days after the date of enactment of this Act providing
additional coverage for the citrus crop of the producers for
each of the next 3 crop years.
(2) Amount of assistance.--Assistance under this section
provided for citrus producers on a farm described in paragraph
(1) shall not exceed 35 percent of the total amount of the
documented losses of the producers.
(3) Effect of violation.--In the event that citrus
producers described in paragraph (1) fail to obtain a policy or
plan of insurance in accordance with that paragraph, the
producers shall reimburse the Secretary for the full amount of
the assistance provided to the producers under this section.
SEC. 102. DAIRY ASSISTANCE.
The Secretary shall use $230,000,000 of funds of the Commodity
Credit Corporation to make payments to dairy producers for dairy
production losses during calendar year 2006 in disaster counties.
SEC. 103. LIVESTOCK INDEMNITY PAYMENTS.
(a) In General.--The Secretary shall use $80,000,000 of funds of
the Commodity Credit Corporation to make livestock indemnity payments
to producers on farms located in disaster counties that have incurred
livestock losses during calendar year 2006 or 2007, or both, due to a
disaster, as determined by the Secretary.
(b) Payment Rates.--Indemnity payments to the producers on a farm
under subsection (a) shall be made at a rate of not less than 30
percent of the market value of the applicable livestock on the day
before the date of death of the livestock, as determined by the
Secretary.
SEC. 104. PAYMENT LIMITATION.
Notwithstanding any other provision of law, assistance provided
under this section to the producers on a farm (as defined by the
Secretary) may not exceed $125,000 for each farm, ranch, processing
plant, or dairy operation of the producers.
TITLE II--SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM
SEC. 201. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.
(a) Grants.--
(1) In general.--The Secretary shall use such funds as are
necessary of funds of the Commodity Credit Corporation to make
a grant to the State.
(2) Requirement.--To be eligible to receive a grant under
this subsection, the State shall agree to carry out an
expedited disaster assistance program to provide grants to
qualified small businesses in accordance with subsection (b).
(b) Grants to Qualified Small Businesses.--
(1) In general.--In carrying out an expedited disaster
assistance program described in subsection (a)(2), the State
shall provide grants to eligible small businesses in the State
that suffered material economic losses during the 2005, 2006,
or 2007 crop year as a direct result of weather-related
agricultural losses to the specialty crop or livestock
production sectors of the State, as determined by the
Secretary.
(2) Eligibility.--
(A) In general.--To be eligible to receive a grant
under paragraph (1), a small business shall--
(i) have less than $15,000,000 in average
annual gross income from all business
activities, at least 75 percent of which shall
be directly related to production agriculture
or agriculture support industries, as
determined by the Secretary;
(ii) verify the amount of economic loss
attributable to weather-related agricultural
losses using such documentation as the
Secretary and the State may require;
(iii) have suffered losses attributable to
weather-related agricultural disasters that
equal at least 15 percent of the total economic
loss of the small business for each year a
grant is requested; and
(iv) demonstrate that the grant will
materially improve the likelihood the business
will--
(I) recover from the disaster;
(II) continue to service and
support production agriculture; and
(III) replant agricultural
production fields and groves.
(3) Requirements.--A grant to a small business under this
subsection shall--
(A) be limited to not more than 2 years of
documented losses;
(B) be in an amount of not more than 75 percent of
the documented average economic loss attributable to
weather-related agriculture disasters for each eligible
year in the State; and
(C) not exceed a total amount of $250,000 for each
small business.
(4) Insufficient funding.--If the grant funds received by
the State under subsection (a) are insufficient to fund the
grants of the State under this subsection, the State may apply
a proportional reduction to all of the grants.
TITLE III--FORESTRY
SEC. 301. TREE ASSISTANCE PROGRAM.
(a) Definition of Tree.--In this section, the term ``tree''
includes--
(1) a tree (including a Christmas tree, ornamental tree,
nursery tree, and potted tree);
(2) a bush (including a shrub, nursery shrub, nursery bush,
ornamental bush, ornamental shrub, potted bush, and potted
shrub); and
(3) a vine (including a nursery vine and ornamental vine).
(b) Program.--Except as otherwise provided in this section, the
Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance under the tree
assistance program established under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to--
(1) producers who suffered tree losses in disaster
counties; and
(2) fruit and tree nut producers in disaster counties.
(c) Costs.--Funds made available under this section shall also be
made available to cover costs associated with tree pruning, tree
rehabilitation, and other appropriate tree-related activities as
determined by the Secretary.
(d) Scope of Assistance.--Assistance under this section shall
compensate for losses resulting from disasters during calendar year
2005, 2006, or 2007, or any combination of those calendar years.
TITLE IV--ASSISTANCE FOR UNEMPLOYED AGRICULTURAL WORKERS
SEC. 401. UNEMPLOYMENT ASSISTANCE.
The Secretary of Homeland Security shall use such sums as are
necessary to provide unemployment assistance in accordance with section
410 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5177) to agricultural workers in the State (including
low-income migrant and seasonal farmworkers) who are unemployed due to
disasters occurring in calendar year 2007, as determined by the
Secretary.
SEC. 402. FOOD COUPONS AND DISTRIBUTION.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide food coupons and surplus
commodities in accordance with section 412 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) to
agricultural workers in the State (including low-income migrant and
seasonal farmworkers) who are unemployed due to disasters occurring in
calendar year 2007, as determined by the Secretary.
SEC. 403. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL
FARMWORKERS.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide emergency grants to assist
low-income migrant and seasonal farmworkers in the State who are
unemployed due to disasters occurring in calendar year 2007, as
determined by the Secretary, in accordance with section 2281 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C.
5177a).
SEC. 404. TEMPORARY MORTGAGE RENTAL ASSISTANCE.
For the period beginning on the date of enactment of this Act and
ending 180 days after the date of enactment of this Act, the Secretary
of Homeland Security shall use such sums as are necessary to provide
temporary mortgage rental assistance to agricultural workers in the
State (including low-income migrant and seasonal farmworkers) who are
unemployed due to disasters occurring in calendar year 2007 under the
same terms and conditions as the temporary mortgage rental assistance
program under section 408(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(b)) (as in effect on the
day before the effective date of the amendment made by section 206(a)
of the Disaster Mitigation Act of 2000 (42 U.S.C. 5174 note; Public Law
106-390)).
TITLE V--MISCELLANEOUS
SEC. 501. LIMIT ON AMOUNT OF ASSISTANCE.
The Secretary shall ensure, to the maximum extent practicable, that
no producers on a farm receive duplicative payments under this Act and
any other Federal program for the same loss.
SEC. 502. FUNDING.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act (other than
sections 401 and 404), to remain available until expended.
SEC. 503. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
TITLE VI--EMERGENCY DESIGNATION
SEC. 601. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress). | Emergency Farm Assistance Act of 2007 - Directs the Secretary of Agriculture (Secretary) to provide assistance: (1) to producers of specialty crops in disaster counties that suffered losses in 2005 or 2006; (2) to citrus producers in disaster counties that suffered losses in 2007; (3) to producers of other specialty crops in disaster counties that suffered losses in 2007; (4) to dairy producers in disaster counties that suffered losses in 2006; and (5) for livestock indemnity payments to producers in disaster counties that incurred losses in 2006 or 2007, or both.
Directs the Secretary to make grants to California for an expedited disaster assistance program to qualified small businesses that suffered losses during the 2005, 2006, or 2007 crop year as a result of weather-related agricultural losses to the California specialty crop or livestock production sectors.
Directs the Secretary to provide assistance to tree or fruit and tree nut producers in disaster counties that suffered losses in 2005, 2006, or 2007, or any combination of such years. Defines "tree" to include: (1) a tree (including a Christmas tree, ornamental tree, nursery tree, and potted tree); (2) a bush (including a shrub, nursery shrub, nursery bush, ornamental bush, ornamental shrub, potted bush, and potted shrub); and (3) a vine (including a nursery vine and ornamental vine).
Directs the Secretary of Homeland Security to provide unemployment assistance and temporary mortgage rental assistance to California agricultural workers (including low-income migrant and seasonal farmworkers) who are unemployed due to disasters in 2007.
Directs the Secretary to provide: (1) food coupons and surplus commodities to such workers; and (2) emergency grants for California low-income migrant and seasonal farmworkers who are unemployed due to disasters in 2007. | A bill to provide emergency agricultural disaster assistance for agricultural producers, manufacturers, and workers in the State of California. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commemorative Coin Act
of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Fund'' means the National Law Enforcement
Officers Memorial Maintenance Fund established under section
201;
(2) the term ``recipient organization'' means an
organization described in section 101 to which surcharges
received by the Secretary from the sale of coins issued under
this Act are paid; and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
TITLE I--COMMEMORATIVE COIN PROGRAMS
SEC. 101. COMMEMORATIVE COIN PROGRAMS.
In accordance with the recommendations of the Citizens
Commemorative Coin Advisory Committee, the Secretary shall mint and
issue the following coins:
(1) Bicentennial of united states.--On or before December
31, 1995, the Secretary shall mint not more than 25,000 $10
gold coins with specifications to be determined by the
Secretary.
(2) United nations and president truman.--
(A) In general.--To commemorate the 50th
anniversary of the founding of the United Nations and
the role of President Harry S. Truman in the founding
of the United Nations, during a 1-year period beginning
in 1996, the Secretary shall issue--
(i) not more than 75,000 $5 coins, each of
which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850
inches; and
(III) contain 90 percent gold and
10 percent alloy; and
(ii) not more than 350,000 $1 coins, each
of which shall--
(I) weigh 26.73 grams;
(II) have a diameter of 1.500
inches; and
(III) contain 90 percent silver and
10 percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin for each $5 coin, and a surcharge of $10 per
coin for each $1 coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary in accordance with the following:
(i) Fifty percent of the surcharges
received shall be paid to the Harry S. Truman
Library Foundation.
(ii) Fifty percent of the surcharges
received shall be paid to the United Nations
Association.
(3) Smithsonian institution.--
(A) In general.--To commemorate the 150th
anniversary of the founding of the Smithsonian
Institution, during a 1-year period beginning in August
1996, the Secretary shall issue--
(i) not more than 100,000 $5 coins, each of
which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850
inches; and
(III) contain 90 percent gold and
10 percent alloy; and
(ii) not more than 800,000 $1 coins, each
of which shall--
(I) weigh 26.73 grams;
(II) have a diameter of 1.500
inches; and
(III) contain 90 percent silver and
10 percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin for each $5 coin, and a surcharge of $10 per
coin for each $1 coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary to the Smithsonian Institution to be used to
support the National Numismatic Collection at the
National Museum of American History.
(D) Design.--The design of the coins issued under
this subsection shall be emblematic of the scientific,
educational, and cultural significance and importance
of the Smithsonian Institution. Each coin issued under
this subsection shall include an inscription of the
following words from the original bequest of James
Smithson: ``for the increase and diffusion of
knowledge''.
(4) Franklin delano roosevelt.--
(A) In general.--To commemorate the public opening
of the Franklin Delano Roosevelt Memorial in
Washington, D.C., which will honor President
Roosevelt's leadership and legacy, during a 1-year
period beginning in 1997, the Secretary shall issue not
more than 100,000 $5 coins, each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary to the Franklin Delano Roosevelt Memorial
Commission.
(5) Yellowstone national park.--
(A) In general.--To commemorate the 125th
anniversary of the establishment of Yellowstone
National Park as the first national park in the United
States, and the birth of the national park idea, during
a 1-year period beginning in 1997, the Secretary shall
issue not more than 500,000 $1 coins, each of which
shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $10
per coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary in accordance with the following:
(i) Fifty percent of the surcharges
received shall be paid to the National Park
Foundation to be used for the support of
national parks.
(ii) Fifty percent of the surcharges
received shall be paid to Yellowstone National
Park.
(6) National law enforcement officers memorial.--
(A) In general.--To recognize the sacrifice of law
enforcement officers and their families in preserving
public safety, during a 1-year period beginning in
1997, the Secretary shall issue not more than 500,000
$1 coins, each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $10
per coin.
(C) Distribution of surcharges.--After receiving
surcharges from the sale of the coins issued under this
subsection, the Secretary shall transfer to the
Secretary of the Interior an amount equal to the
surcharges received from the sale of the coins issued
under this subsection, which amount shall be deposited
in the Fund established under section 201.
(D) Availability.--The coins issued under this
subsection shall be available for issuance not later
than May 1997.
SEC. 102. DESIGN.
(a) Selection.--The design for each coin issued under this Act
shall be--
(1) selected by the Secretary after consultation with the
appropriate recipient organization or organizations and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designation and Inscriptions.--On each coin issued under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
SEC. 103. LEGAL TENDER.
The coins issued under this Act shall be legal tender, as provided
in section 5103 of title 31, United States Code.
SEC. 104. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act from sources the Secretary determines to be appropriate,
including stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 105. SALE PRICE.
Each coin issued under this Act shall be sold by the Secretary at a
price equal to the sum of--
(1) the face value of the coin;
(2) the surcharge provided in section 101 with respect to
the coin;
(3) the cost of designing and issuing the coin (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping); and
(4) the estimated profit determined under section 106(b)
with respect to the coin.
SEC. 106. DETERMINATION OF COSTS AND PROFIT.
(a) Determination of Costs.--With respect to the coins issued under
this Act, the Secretary shall, on an ongoing basis, determine--
(1) the costs incurred in carrying out each coin program
authorized under this Act; and
(2) the allocation of overhead costs among all coin
programs authorized under this Act.
(b) Determination of Profit.--Prior to the sale of each coin issued
under this Act, the Secretary shall calculate the estimated profit to
be included in the sale price of the coin under section 105(4).
SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
Section 5112(j) of title 31, United States Code, shall apply to the
procurement of goods or services necessary to carrying out the programs
and operations of the United States Mint under this Act.
SEC. 108. PROHIBITION ON JUDICIAL REVIEW.
Each determination made by the Secretary in implementing a
commemorative coin program under this Act shall be made in the sole
discretion of the Secretary and shall not be subject to judicial
review.
SEC. 109. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of each
recipient organization as may be related to the expenditures of amounts
paid under section 101.
SEC. 110. FINANCIAL ASSURANCES.
It is the sense of the Congress that each coin program authorized
under this Act should be self-sustaining and should be administered so
as not to result in any net cost to the Numismatic Public Enterprise
Fund.
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND.
(a) Establishment.--
(1) In general.--There is established the National Law
Enforcement Officers Memorial Maintenance Fund, which shall be
a revolving fund administered by the Secretary of the Interior
(or the designee of the Secretary of the Interior).
(2) Funding.--Amounts in the Fund shall include--
(A) amounts deposited in the Fund under section
101(6); and
(B) any donations received under paragraph (3).
(3) Donations.--The Secretary of the Interior may accept
donations to the Fund.
(4) Interest-bearing account.--The Fund shall be maintained
in an interest-bearing account within the Treasury of the
United States.
(b) Purposes.--The Fund shall be used--
(1) for the maintenance and repair of the National Law
Enforcement Officers Memorial in Washington, D.C.;
(2) to periodically add the names of law enforcement
officers who have died in the line of duty to the National Law
Enforcement Officers Memorial;
(3) for the security of the National Law Enforcement
Officers Memorial site, including the posting of National Park
Service rangers and United States Park Police, as appropriate;
(4) at the discretion of the Secretary of the Interior and
in consultation with the Secretary and the Attorney General of
the United States, who shall establish an equitable procedure
between the Fund and such other organizations as may be
appropriate, to provide educational scholarships to the
immediate family members of law enforcement officers killed in
the line of duty whose names appear on the National Law
Enforcement Officers Memorial, the total annual amount of such
scholarships not to exceed 10 percent of the annual income of
the Fund;
(5) for the dissemination of information regarding the
National Law Enforcement Officers Memorial to the general
public;
(6) to administer the Fund, including contracting for
necessary services, in an amount not to exceed the lesser of--
(A) 10 percent of the annual income of the Fund; or
(B) $200,000 during any 1-year period; and
(7) at the discretion of the Secretary of the Interior, in
consultation with the Fund, for appropriate purposes in the
event of an emergency affecting the operation of the National
Law Enforcement Officers Memorial, except that, during any 1-
year period, not more than $200,000 of the principal of the
Fund may be used to carry out this paragraph.
(c) Budget and Audit Treatment.--The Fund shall be subject to the
budget and audit provisions of chapter 91 of title 31, United States
Code. | TABLE OF CONTENTS:
Title I: Commemorative Coin Programs
Title II: National Law Enforcement Officers Memorial
Maintenance Fund
United States Commemorative Coin Act of 1995 -
Title I: Commemorative Coin Programs
- Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins.
(Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Title II: National Law Enforcement Officers Memorial Maintenance Fund
- Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial. | United States Commemorative Coin Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Juvenile Justice and
Delinquency Prevention Improvement Act''.
SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974.
(a) Definitions.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (8), by striking ``an Indian tribe which
performs law enforcement functions as determined by the
Secretary of the Interior,'';
(2) in paragraph (9)--
(A) by striking ``States or units of general local
government'' and inserting ``States, units of general
local government, or Indian tribes''; and
(B) by striking ``States or units'' and inserting
``States, units, or Indian tribes'';
(3) in paragraph (11), by striking ``any State, unit of
local government, combination of such States or units'' and
inserting ``any State, unit of general local government, Indian
tribe, combination of 1 or more States, units of general local
government, or Indian tribes'';
(4) by striking paragraph (18) and inserting the following:
``(18) the term `Indian tribe' means any Indian tribe,
band, nation, or other organized group or community, including
any Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians;'';
and
(5) in paragraph (22), by inserting ``Indian tribe,'' after
``unit of local government,''.
(b) Technical Amendment.--Part B of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)
is amended by striking the heading and inserting the following:
``Part B--Federal Assistance for State and Local Programs and Programs
for Indian Tribes
``Subpart I--Federal Assistance for State and Local Programs''.
(c) Elimination of Pass-Through for Indian Tribes.--Section 223(a)
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5633(a)) is amended--
(1) in paragraph (4), by inserting ``and Indian tribes''
after ``units of general local government'';
(2) in paragraph (5)--
(A) in subparagraph (A), by striking the semicolon
at the end and inserting ``, except that with respect
to any cooperative program conducted with an Indian
tribe, the participation of the Indian tribe shall be
funded from the amounts made available under subpart II
of this part; and'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C);
(3) in paragraph (6)--
(A) by inserting ``(A)'' before ``provide that'';
(B) by striking ``programs funded under this part''
and inserting ``programs funded under this subpart'';
(C) by striking the semicolon at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(B) with respect to any case in which an Indian tribe
participates in a cooperative program under paragraph (5)(A),
provide that the appropriate official of the governing body of
an Indian tribe assign responsibility for the preparation and
administration of the Indian tribe's part of the applicable
State plan, or for the supervision of the preparation and
administration of the Indian tribe's part of the State plan;'';
(4) in paragraph (24), by striking ``and'' at the end;
(5) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(6) by adding at the end the following:
``(26) provide assurance that, in carrying out the plan
under this section, the State will take appropriate action to
improve--
``(A) communication between the State and units of
general local government and Indian tribes;
``(B) cooperation between the State and units of
general local government and Indian tribes; and
``(C) intergovernmental relationships between the
State and units of general local government and Indian
tribes; and
``(27) provide, as appropriate, a description and analysis
of any disproportionate representation in the juvenile justice
system of Native Americans (as that term is defined in section
16(10) of the National Museum of the American Indian Act (20
U.S.C. 80q-14(10))) including, if appropriate,
any disproportionate representation of Alaska Natives (within the
meaning of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) from--
``(A) urban populations; and
``(B) populations that are not, as of the date of
development of the plan, recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as
Indians.''.
(d) Federal Assistance for Programs for Indian Tribes.--Part B of
title II of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5611 et seq.) is amended by adding at the end the following:
``Subpart II--Federal Assistance for Programs for Indian Tribes
``SEC. 221. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Administrator shall, by regulation,
establish a program to provide direct grants to Indian tribes in
accordance with this section. Each grant made under this section to an
Indian tribe shall be used by the governing body of the Indian tribe--
``(1) for planning, establishing, operating, coordinating,
and evaluating projects for achieving compliance with the
requirements specified in paragraphs (12)(A), (13), and (14) of
section 223, and otherwise meeting any applicable requirements
of this Act; and
``(2) for otherwise conducting activities to promote the
improvement of the juvenile justice system of that Indian
tribe.
``(b) Plans.--As part of an application for a grant under this
section, an Indian tribe shall submit a plan for conducting activities
described in subsection (a). The plan shall--
``(1) provide evidence that the Indian tribe performs law
enforcement functions (as determined by the Secretary of the
Interior);
``(2) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted by the Indian tribe in the
area under the jurisdiction of the Indian tribe with assistance
provided by the grant;
``(3) provide for fiscal control and accounting procedures
that--
``(A) are necessary to ensure the prudent use,
proper disbursement, and accounting of funds received
under this subchapter; and
``(B) are consistent with the requirements of
section 232; and
``(4) contain such other information, and be subject to
such additional requirements, as the Administrator may
reasonably prescribe to ensure the effectiveness of the grant
program under this subpart.
``(c) Factors for Consideration.--In awarding grants under this
section, the Administrator shall consider--
``(1) the resources that are available to each applicant
that will assist, and be coordinated with, the overall juvenile
justice system of the Indian tribe; and
``(2) for each Indian tribe that receives assistance under
such a grant--
``(A) the relative population of individuals under
the age of 18; and
``(B) who will be served by the assistance provided
by the grant.
``(d) Grant Awards.--
``(1) In general.--
``(A) Competitive awards.--Except as provided in
paragraph (2), the Administrator shall annually award
grants under this section on a competitive basis. The
Administrator shall enter into a grant agreement with
each grant recipient under this section that specifies
the terms and conditions of the grant.
``(B) Period of grant.--The period of a grant
awarded under this section shall be 1 year.
``(2) Exception.--In any case in which the Administrator
determines that a grant recipient under this section has
performed satisfactorily during the preceding year in
accordance with an applicable grant agreement, the
Administrator may--
``(A) waive the requirement that the recipient be
subject to the competitive award process described in
paragraph (1); and
``(B) renew the grant for an additional grant
period (as specified in paragraph (1)(B)).
``(3) Modifications of processes.--The Administrator may
prescribe requirements to provide for appropriate modifications
to the plan preparation and application process specified in
this section for an application for a renewal grant under this
subsection.
``SEC. 232. REPORTING REQUIREMENT.
``Each Indian tribe that receives a grant under section 231 is
subject to the fiscal accountability provisions of section 5(f)(1) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450c(f)(1)), relating to the submission of a single-agency audit report
required by chapter 75 of title 31, United States Code.
``SEC. 233. TECHNICAL ASSISTANCE.
``The Administrator shall establish a program to provide technical
assistance to assist Indian tribes in carrying out the activities
described in section 231(a).
``SEC. 234. COORDINATION WITH STATE ADVISORY GROUPS.
``In carrying out the programs under this subpart, the
Administrator shall, not later than 180 days after the end of the
fiscal year during which the Indian Juvenile Justice and Delinquency
Prevention Improvement Act is enacted, and annually thereafter, issue a
report to each advisory group established under a State plan under
section 223(a)(3) that includes information relating to each grant
awarded under section 231, including the amount of the grant.
``SEC. 235. RULE OF CONSTRUCTION.
``Nothing in this subpart may be construed to affect in any manner
the jurisdiction of an Indian tribe with respect to land or persons in
Alaska.
``SEC. 236. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Justice to carry out this subpart, $10,000,000 for each of fiscal years
1998 through 2001.''. | Indian Juvenile Justice and Delinquency Prevention Improvement Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to eliminate the pass-through of Federal assistance to Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to certain requirements applicable to the detention and confinement of juveniles. Requires that, with respect to any cooperative program conducted with an Indian tribe, the participation of the Indian tribe shall be funded from amounts made available under the program established by this Act to provide direct grants to Indian tribes.
Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention, by regulation, to establish a program to provide direct grants to Indian tribes in accordance with this Act. Requires each grant made to an Indian tribe to be used by the governing body of the Indian tribe for: (1) establishing, operating, and evaluating projects for achieving compliance with certain requirements relating to juvenile detention, and otherwise meeting any applicable requirements of this Act; and (2) otherwise conducting activities to promote the improvement of the juvenile justice system of that Indian tribe. Requires an Indian tribe, as part of an application for a grant, to submit a specified plan for conducting activities described in the preceding.
Directs the Administrator to: (1) annually award grants on a competitive basis; and (2) enter into a grant agreement with each grant recipient that specifies the terms and conditions of the grant. States that the period of a grant awarded shall be one year. Permits the Administrator, in any case in which the Administrator determines that a grant recipient has performed satisfactorily during the preceding year in accordance with an applicable grant agreement, to: (1) waive the requirement that the recipient be subject to the competitive award process described; and (2) renew the grant for an additional grant period.
Makes each Indian tribe that receives a grant subject to a specified reporting requirement.
Directs the Administrator to: (1) establish a program to provide technical assistance to assist Indian tribes in carrying out the activities described; and (2) after the end of the fiscal year during which this Act is enacted, and annually thereafter, issue a report to each advisory group established under a State plan that includes information relating to each grant awarded, including the amount of the grant.
Authorizes appropriations. | Indian Juvenile Justice and Delinquency Prevention Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Price and Supply Information
Act of 1993''.
SEC. 2. SURVEY OF FUEL PRICES AND INVENTORIES.
(a) In General.--The Administrator of the Energy Information
Administration of the Department of Energy shall conduct and publish
surveys of--
(1) wholesale and retail prices and primary and secondary
inventory levels of home heating fuel on a national, State, and
PADD basis;
(2) wholesale prices and primary inventory levels of home
heating fuel on a company-by-company basis (without identifying
the names of such companies);
(3) wellhead and citygate prices of natural gas by major
interstate pipeline;
(4) inventory levels of working natural gas and base
natural gas held in underground storage by interstate and
intrastate operator;
(5) wholesale and retail prices and primary and secondary
inventory levels of automotive fuel on a national, State, and
PADD basis; and
(6) wholesale prices and primary inventory levels of
automotive fuel on a company-by-company basis (without
identifying the names of such companies).
(b) Frequency of Surveys.--
(1) Home heating fuel and natural gas.--The surveys
described in paragraphs (1), (2), (3), and (4) of subsection
(a) shall be conducted and published weekly during each winter
heating season beginning with the first winter heating season
following the date of enactment of this Act.
(2) Automotive fuel.--The surveys described in paragraphs
(5) and (6) of subsection (a) shall be conducted and published
weekly throughout each year beginning 6 months after the date
of enactment of this Act.
SEC. 3. RECOMMENDED ADEQUATE INVENTORY LEVELS.
(a) In General.--The Secretary shall, after consultation with the
Administrator of the Energy Information Administration and State energy
offices, establish recommended adequate inventory levels for home
heating fuel, natural gas, and automotive fuel in accordance with this
section. Such levels shall constitute the amount of inventories
necessary to prevent substantial disruptions in supply or substantial
price increases and shall exceed levels regarded as minimum operating
levels, below which operating problems and shortages would appear in
the national distribution system.
(b) Home Heating Fuel.--In the case of home heating fuel, such
levels shall be established for primary and secondary inventories on a
national, state, and PADD basis. Such levels shall be established
before each winter heating season and remain in effect for that season.
(c) Natural Gas.--In the case of natural gas, such level shall be
established on a national basis for natural gas held in underground
storage. Such level shall be established before each winter heating
season and remain in effect for that season.
(d) Automotive Fuel.--In the case of automotive fuel, such levels
shall be established for primary and secondary inventories on a
national and PADD basis. Such levels shall be established for each 6
month period beginning 6 months after the date of enactment of this
Act.
SEC. 4. NOTIFICATION OF INVENTORY LEVELS.
(a) Home Heating Fuel and Natural Gas.--
(1) Preseason notification.--Not later than October 1 of
each year, the Secretary shall notify the Congress, the
President, and State energy offices concerning whether
inventories of home heating fuel and natural gas meet the
recommended adequate inventory levels established under section
3 for the winter heating season beginning that October 1.
(2) Supplemental notifications.--If, at any time during any
winter heating season, inventories of home heating fuel or
natural gas fall below the recommended adequate inventory
levels established under section 3 for that winter heating
season, the Secretary shall notify the Congress, the President,
and the State energy office of any State concerned, and shall
make recommendations for legislative and administrative actions
necessary to restore inventories to such recommended adequate
levels.
(b) Automotive Fuel.--If, at any time, inventories of automotive
fuel fall below the recommended adequate inventory levels established
under section 3 for that 6 month period, the Secretary shall notify the
Congress, the President, and the State energy office of any State
concerned, and shall make recommendations for legislative and
administrative actions necessary to restore inventories to such
recommended adequate levels.
SEC. 5. REPORT ON INTERRUPTIBLE NATURAL GAS CONTRACTS.
The Secretary shall conduct a study of the effect, if any, of
interruptible natural gas contracts on the demand and supply of home
heating fuel during the 1989-1990 winter heating season. The Secretary
shall issue a report on the findings of the study no later than 6
months after the date of enactment of this Act. The report shall
include any recommendations concerning alternate fuel storage
requirements for holders of interruptible natural gas contracts and
recommendations concerning other matters relevant to the purposes of
this Act.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) the term ``home heating fuel'' means home heating oil,
propane, and diesel fuel;
(2) the term ``PADD'' means Petroleum Administration
Defense District;
(3) the term ``primary inventory'' means manufacturer
inventory;
(4) the term ``secondary inventory'' means bulk plant,
wholesaler, and retailer inventory;
(5) the term ``Secretary'' means the Secretary of Energy;
and
(6) the term ``winter heating season'' means the period
beginning on October 1 of a year and ending on April 30 of the
following year. | Energy Price and Supply Information Act of 1993 - Directs the Administrator of the Energy Information Administration of the Department of Energy to conduct and publish weekly surveys on a national, State, and PADD (Petroleum Administration Defense District) basis during each winter season with respect to: (1) home heating fuel; (2) natural gas; and (3) automotive fuel.
Directs the Secretary of Energy to establish on such bases recommended adequate inventory levels for home heating fuel, natural gas, and automotive fuel.
Requires the Secretary to: (1) notify the Congress, the President, and State energy offices before October 1 of each year whether such inventory levels will be met for the winter heating season; and (2) recommend legislative and administrative actions necessary to restore inadequate inventories if they fall below recommended levels.
Requires the Secretary to study and report on the effect of interruptible natural gas contracts on the demand and supply of home heating fuel during the 1989-1990 winter heating season. | Energy Price and Supply Information Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Minors Protection and
Cyberspace Technology Act''.
SEC. 2. COMPUTER SOFTWARE REQUIRED.
(a) Installation Required.--Any elementary or secondary school or
public library that has received under any program or activity of any
Federal agency any funds for the acquisition or operation of any
computer that is accessible to minors and that has access to the
Internet, or that has received universal service assistance under
section 254(h)(1)(B) of the Communications Act of 1934 for accessing
the Internet on any computer that is accessible to minors, shall--
(1) install software on that computer that is determined
(in accordance with subsection (b)) to be adequately designed
to prevent minors from obtaining access to any obscene
information or child pornography using that computer; and
(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's
operation may be temporarily interrupted to permit a minor to
have access to information that is not obscene, is not child
pornography, or is otherwise unprotected by the Constitution
under the direct supervision of an adult designated by such
school or library.
(b) Determination of Adequate Design.--For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any State, the
determinations required for purposes of subsection (a)(1) shall be made
by the Secretary of Education.
(c) Consequences of Violations.--
(1) Use of general education provisions act remedies.--
Whenever the head of any Federal agency has reason to believe
that any recipient of funds under any program or activity is
failing to comply substantially with the requirements of
subsection (a), the head of such agency may--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) enter into a compliance agreement with a
recipient to bring it into compliance,
in the same manner as the Secretary of Education is authorized
to take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act (20
U.S.C. 1234d).
(2) Recovery of funds prohibited.--The actions authorized
by paragraph (1) are the exclusive remedies available with
respect to a violation of subsection (a), and the head of any
Federal agency shall not seek a recovery of funds from the
recipient.
(d) Definitions.--For purposes of this section:
(1) Elementary or secondary school.--The term ``elementary
or secondary school'' means an elementary school or a secondary
school as such terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Public library.--The term ``public library'' means has
the meaning given the term ``library'' by section 213 of the
Library Services and Technology Act (20 U.S.C. 9122).
(3) Computer.--The term ``computer'' includes any hardware,
software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
(4) Access to internet.--A computer shall be considered to
have access to the Internet if such computer is equipped with a
modem or is connected to a computer network which has access to
the Internet.
(5) Acquisition or operation.--A elementary or secondary
school or public library shall be considered to have received
under a program or activity of any Federal agency any funds for
the acquisition or operation of any computer if such funds are
used in any manner, directly or indirectly--
(A) to purchase, lease, or otherwise acquire or
obtain the use of such computer, or
(B) to obtain services, supplies, software, or
other actions or materials to support, or in connection
with, the operation of such computer.
(6) Federal agency.--The term ``Federal agency'' has the
meaning given the term `agency' by section 551(1) of title 5,
United States Code.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code. | Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the State Governor.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. | Internet Minors Protection and Cyberspace Technology Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Relief Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Medical liability insurance premiums are soaring to the
highest rates since the mid-1980s.
(2) The average increase for 2001 was approximately 15
percent, and it is predicted that rates could rise as much as
50 percent this year for some specialties in some regions.
(3) Some of the largest insurers are raising rates more
than 30 percent in many States.
(4) In 1999, jury awards in claims cases jumped 7 percent
compared to the previous year. In addition, according to Jury
Verdict Research, it cost 30 percent more to settle a suit than
it did just a year before in 1998.
(5) About 45 percent of the jury awards in 1998-99 were for
that amount or more, up from 39 percent during the preceding 12
months.
(6) Physicians in West Virginia, New York, Pennsylvania,
Mississippi, Florida, and other southeastern States are already
in crisis. In New York and Florida, obstetricians,
gynecologists, and surgeons routinely pay more than $100,000 a
year for $1,000,000 coverage. Some are paying more than
$200,000.
(b) Purpose.--It is the purpose of this Act to implement health
care liability reforms designed to--
(1) protect access of all Americans to good health care and
competent physicians; and
(2) relieve the undue burden on physicians that is created
by excessive medical malpractice claims and judgments.
SEC. 3. PUNITIVE DAMAGES.
(a) In General.--Punitive damages may, if otherwise permitted by
applicable State or Federal law, be awarded against any person in a
health care lawsuit only if it is proven by clear and convincing
evidence that such person acted with malicious intent to injure the
claimant, or that such person deliberately failed to avoid unnecessary
injury that such person knew the claimant was substantially certain to
suffer. In any health care lawsuit where no judgment for compensatory
damages is rendered against such person, no punitive damages may be
awarded with respect to the claim in such lawsuit. No demand for
punitive damages shall be included in a health care lawsuit as
initially filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the claimant and
after a finding by the court, upon review of supporting and opposing
affidavits, or after a hearing, after weighing the evidence, that the
claimant has established by a substantial probability that the claimant
will prevail on the claim for punitive damages. At the request of any
party in a health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(1) whether punitive damages are to be awarded and the
amount of such award; and
(2) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only to the
claim for punitive damages, as determined by applicable State law,
shall be inadmissible in any proceeding to determine whether
compensatory damages are to be awarded.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages, the trier of fact shall consider only the
following:
(A) The severity of the harm caused by the conduct
of such party.
(B) The duration of the conduct or any concealment
of it by such party.
(C) The profitability of the conduct to such party.
(D) The number of products sold or medical
procedures rendered for compensation, as the case may
be, by such party, of the kind causing the harm
complained of by the claimant.
(E) Any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant.
(F) The amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may be up to as much as two times the
amount of economic damages awarded or $250,000, whichever is
greater. The jury shall not be informed of this limitation.
SEC. 4. TAX CREDIT FOR MEDICAL MALPRACTICE LIABILITY INSURANCE
PREMIUMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. MEDICAL MALPRACTICE LIABILITY INSURANCE PREMIUMS.
``(a) In General.--For purposes of section 38, the medical
malpractice liability insurance premium credit determined under this
section is the amount paid or incurred during the taxable year for
medical malpractice liability insurance coverage for the medical
malpractice liability of a physician who is the taxpayer or any
employee of the taxpayer.
``(b) Limitation.--The credit allowed by subsection (a) for any
taxable year shall not exceed $2,000 with respect to each covered
physician.''
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the medical malpractice liability insurance premium
credit determined under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the medical malpractice liability
insurance premium credit determined under section 45G may be
carried back to a taxable year ending before the date of the
enactment of section 45G.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the medical malpractice liability insurance premiums
otherwise allowable as a deduction for the taxable year which
is equal to the amount of the credit allowable for the taxable
year under section 45G (determined without regard to section
38(c)).
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 41(f)(5)) or a trade or business which
is treated as being under common control with other trades or
business (within the meaning of section 41(f)(1)(B)), this
subsection shall be applied under rules prescribed by the
Secretary similar to the rules applicable under subparagraphs
(A) and (B) of section 41(f)(1).''.
(e) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Medical malpractice liability
insurance premiums.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act in taxable years ending after such date. | Physician Relief Act of 2003 - Sets forth rules governing punitive damages in health care lawsuits.Amends the Internal Revenue Code to allow a limited credit for medical malpractice liability insurance premiums. | To amend the Internal Revenue Code of 1986 to allow a credit against income tax for medical malpractice liability insurance premiums, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gestational Diabetes Act of 2010''
or the ``GEDI Act''.
SEC. 2. GESTATIONAL DIABETES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding after section 317H the following:
``SEC. 317H-1. GESTATIONAL DIABETES.
``(a) Understanding and Monitoring Gestational Diabetes.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, in
consultation with the Diabetes Mellitus Interagency
Coordinating Committee established under section 429 and
representatives of appropriate national health organizations,
shall develop a multisite gestational diabetes research project
within the diabetes program of the Centers for Disease Control
and Prevention to expand and enhance surveillance data and
public health research on gestational diabetes.
``(2) Areas to be addressed.--The research project
developed under paragraph (1) shall address--
``(A) procedures to establish accurate and
efficient systems for the collection of gestational
diabetes data within each State and commonwealth,
territory, or possession of the United States;
``(B) the progress of collaborative activities with
the National Vital Statistics System, the National
Center for Health Statistics, and State health
departments with respect to the standard birth
certificate, in order to improve surveillance of
gestational diabetes;
``(C) postpartum methods of tracking women with
gestational diabetes after delivery as well as targeted
interventions proven to lower the incidence of type 2
diabetes in that population;
``(D) variations in the distribution of diagnosed
and undiagnosed gestational diabetes, and of impaired
fasting glucose tolerance and impaired fasting glucose,
within and among groups of women; and
``(E) factors and culturally sensitive
interventions that influence risks and reduce the
incidence of gestational diabetes and related
complications during childbirth, including cultural,
behavioral, racial, ethnic, geographic, demographic,
socioeconomic, and genetic factors.
``(3) Report.--Not later than 2 years after the date of the
enactment of this section, and annually thereafter, the
Secretary shall generate a report on the findings and
recommendations of the research project including prevalence of
gestational diabetes in the multisite area and disseminate the
report to the appropriate Federal and non-Federal agencies.
``(b) Expansion of Gestational Diabetes Research.--
``(1) In general.--The Secretary shall expand and intensify
public health research regarding gestational diabetes. Such
research may include--
``(A) developing and testing novel approaches for
improving postpartum diabetes testing or screening and
for preventing type 2 diabetes in women with a history
of gestational diabetes; and
``(B) conducting public health research to further
understanding of the epidemiologic, socioenvironmental,
behavioral, translation, and biomedical factors and
health systems that influence the risk of gestational
diabetes and the development of type 2 diabetes in
women with a history of gestational diabetes.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each fiscal year 2012 through 2016.
``(c) Demonstration Grants to Lower the Rate of Gestational
Diabetes.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants, on a competitive basis, to eligible
entities for demonstration projects that implement evidence-
based interventions to reduce the incidence of gestational
diabetes, the recurrence of gestational diabetes in subsequent
pregnancies, and the development of type 2 diabetes in women
with a history of gestational diabetes.
``(2) Priority.--In making grants under this subsection,
the Secretary shall give priority to projects focusing on--
``(A) helping women who have 1 or more risk factors
for developing gestational diabetes;
``(B) working with women with a history of
gestational diabetes during a previous pregnancy;
``(C) providing postpartum care for women with
gestational diabetes;
``(D) tracking cases where women with a history of
gestational diabetes developed type 2 diabetes;
``(E) educating mothers with a history of
gestational diabetes about the increased risk of their
child developing diabetes;
``(F) working to prevent gestational diabetes and
prevent or delay the development of type 2 diabetes in
women with a history of gestational diabetes; and
``(G) achieving outcomes designed to assess the
efficacy and cost-effectiveness of interventions that
can inform decisions on long-term sustainability,
including third-party reimbursement.
``(3) Application.--An eligible entity desiring to receive
a grant under this subsection shall submit to the Secretary--
``(A) an application at such time, in such manner,
and containing such information as the Secretary may
require; and
``(B) a plan to--
``(i) lower the rate of gestational
diabetes during pregnancy; or
``(ii) develop methods of tracking women
with a history of gestational diabetes and
develop effective interventions to lower the
incidence of the recurrence of gestational
diabetes in subsequent pregnancies and the
development of type 2 diabetes.
``(4) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use the grant funds to carry out
demonstration projects described in paragraph (1), including--
``(A) expanding community-based health promotion
education, activities, and incentives focused on the
prevention of gestational diabetes and development of
type 2 diabetes in women with a history of gestational
diabetes;
``(B) aiding State- and tribal-based diabetes
prevention and control programs to collect, analyze,
disseminate, and report surveillance data on women
with, and at risk for, gestational diabetes, the
recurrence of gestational diabetes in subsequent
pregnancies, and, for women with a history of
gestational diabetes, the development of type 2
diabetes; and
``(C) training and encouraging health care
providers--
``(i) to promote risk assessment, high-
quality care, and self-management for
gestational diabetes and the recurrence of
gestational diabetes in subsequent pregnancies;
and
``(ii) to prevent the development of type 2
diabetes in women with a history of gestational
diabetes, and its complications in the practice
settings of the health care providers.
``(5) Report.--Not later than 4 years after the date of the
enactment of this section, the Secretary shall prepare and
submit to the Congress a report concerning the results of the
demonstration projects conducted through the grants awarded
under this subsection.
``(6) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a nonprofit organization (such
as a nonprofit academic center or community health center) or a
State, tribal, or local health agency.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each fiscal year 2012 through 2016.
``(d) Postpartum Follow-up Regarding Gestational Diabetes.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall work with the State- and tribal-based
diabetes prevention and control programs assisted by the Centers to
encourage postpartum follow-up after gestational diabetes, as medically
appropriate, for the purpose of reducing the incidence of gestational
diabetes, the recurrence of gestational diabetes in subsequent
pregnancies, the development of type 2 diabetes in women with a history
of gestational diabetes, and related complications.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Gestational Diabetes Act of 2010 or the GEDI Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a multisite gestational diabetes research project within the diabetes program of the CDC to expand and enhance surveillance data and public health research on gestational diabetes. Requires such research project to address: (1) procedures to establish accurate and efficient systems for the collection of gestational diabetes data; (2) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and state health departments to improve surveillance of gestational diabetes; (3) postpartum methods of tracking women with gestational diabetes after delivery and targeted interventions to lower the incidence of type 2 diabetes in such women; (4) variations in the distribution of diagnosed and undiagnosed gestational diabetes; and (5) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth. Requires the Secretary, not later than two years after the enactment of this Act, to report on the findings and recommendations of the research project.
Requires the Secretary to expand and intensify public health research on gestational diabetes, including; (1) developing and testing novel approaches for improving postpartum testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and (2) conducting research to further understanding of the factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes.
Requires the Secretary, acting through the Director of the CDC, to: (1) award grants on a competitive basis for demonstration projects that implement evidence-based interventions to reduce the incidence of gestational diabetes, the recurrence of such disease in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes; and (2) report to Congress, not later than four years after the enactment of this Act, on the results of the demonstration projects. Sets forth priorities for awarding grants and requirements for the use of grant funds for carrying out demonstration projects.
Requires the Secretary, acting through the Director of the CDC, to work with state and Indian tribal-based diabetes prevention and control programs assisted by the CDC to encourage postpartum follow-up after gestational diabetes to reduce the incidence of gestational diabetes and its recurrence, the development of type 2 diabetes in at-risk women, and related complications.
Authorizes appropriations for FY2012-FY2016. | To provide grants to better understand and reduce gestational diabetes, and for other purposes. |
SECTION 1. CREDIT FOR PAYMENTS OR CONTRIBUTIONS TO CERTAIN COOPERATIVE
RESEARCH ORGANIZATIONS.
(a) Allowance of Research Credit.--Section 41(a) of the Internal
Revenue Code of 1986 (relating to credit for increasing research
activities) is amended by striking ``and'' at the end of paragraph (1),
by striking the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) 50 percent of the qualified cooperative research
expenditures (as defined in subsection (h)) for the taxable
year.
(b) Qualified Cooperative Research Expenditures Defined.--Section
41 of such Code is amended by redesignating subsection (h) as
subsection (i) and by adding after subsection (g) the following new
subsection:
``(h) Qualified Cooperative Research Expenditures.--For purposes of
this section--
``(1) In general.--The term `qualified cooperative research
expenditures' means the aggregate amount of qualified
contributions to qualified cooperative research consortia for
qualified research.
``(2) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--Subject to the limitations of
subparagraphs (B), (C), and (D), the term `qualified
contributions' means all contributions to qualified
cooperative research consortia for qualified research
with respect to which the taxpayer elects to have this
subsection apply.
``(B) Private source funding limitation.--
``(i) In general.--Qualified contributions
of a taxpayer shall not exceed the amount which
bears the same ratio to qualified contributions
(determined without regard to this
subparagraph) as the private source funding
ratio.
``(ii) Private source funding ratio.--For
purposes of clause (i), the private source
funding ratio is the sum of--
``(I) 50 percent of the ratio which
the gross receipts of the organization
(not including the amount of any
governmental support) for the preceding
taxable year bears to the total gross
receipts of the organization for such
taxable year, plus
``(II) 30 percent of such ratio for
the second preceding taxable year, plus
``(III) 20 percent of such ratio
for the third preceding taxable year.
``(C) Limitations.--For purposes of this
subsection, the following shall not be taken into
account in determining qualified contributions:
``(i) Contributions representing costs
allocated to services performed by a taxpayer's
employees to the extent they exceed cash
contributions.
``(ii) Contributions representing overhead
allocated to services performed by a taxpayer's
employees to the extent such overhead exceeds
25 percent of the salary and benefit amounts
allocated to such services.
``(iii) Contributions by a taxpayer to a
qualified cooperative research consortium to
the extent they exceed one-third of the
consortium's total nongovernmental support for
the consortium's taxable year with or within
which the taxpayer's taxable year ends.
``(D) Consortium with fewer than 5 participants.--
If a qualified cooperative research consortium has less
than 5 persons making nongovernmental contributions,
the qualified contributions of each such person
(determined without regard to this subparagraph or
subparagraph (B)) shall be reduced--
``(i) by 20 percent if there are 4 such
persons, or
``(ii) by 40 percent if there are 3 such
persons.
``(3) Qualified cooperative research consortium.--The term
`qualified cooperative research consortium' means any
organization--
``(A) which is registered under the National
Cooperative Research Act of 1984, but only if such
registration has been published (and is in effect) on
the last day of the organization's taxable year with or
within which the taxpayer's taxable year ends, and
``(B) which during such taxable year--
``(i) had at least 5 contributors, but only
if--
``(I) no 3 members contributed more
than 80 percent of total
nongovernmental contributions, and
``(II) no single member contributed
more than 50 percent of total
nongovernmental contributions, or
``(ii) had either 3 or 4 contributors, but
only if--
``(I) no single member contributed
more than 50 percent (and no 2 members
contributed more than 85 percent) of
the total nongovernmental
contributions, and
``(II) the contributors are engaged
in the same trade or business.
``(4) Special rules.--For purposes of this subsection--
``(A) Noncash contributions.--Qualified
contributions other than cash (including services
provided by a taxpayer's employees) shall be taken into
account at their cost (or such other basis determined
under regulations).
``(B) Overhead.--The cost of services provided by a
taxpayer's employees shall include overhead properly
allocable to such services.
``(5) No double benefit.--Amounts taken into account under
this subsection in computing qualified cooperative research
expenditures shall not be taken into account under subsection
(a) (1) or (2).
``(6) Prepaid amounts.--If any contributions paid or
incurred during the taxable year to qualified cooperative
research consortia are attributable to qualified research to be
conducted after the close of the taxable year, such amount
shall be treated as paid or incurred during the period which
the qualified research is conducted.
``(7) Reports.--Each qualified cooperative research
consortium shall provide to the Secretary a report containing--
``(A) its certification as such an organization,
``(B) its private source funding ratio, and
``(C) such other information as the Secretary may
require.
Each consortium shall provide a copy of the report to each
contributor.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act. | Amends the Internal Revenue Code to allow a tax credit for a percentage of contributions to qualified cooperative research organizations for qualified cooperative research expenditures. | A bill to amend the Internal Revenue Code of 1986 to allow a credit for payments or contributions to certain cooperative research organizations, and for other purposes. |
66
which created National Statuary Hall from the Old Hall of the
U.S. House of Representatives and authorized the President of
the United States to invite States to submit two statues of
worthy citizens to be exhibited, which continues as a daily
inspiration to the thousands of visitors to the United States
Capitol.
(8) As chairman of the Committee on Buildings and Grounds,
Morrill served as principal advocate for the construction and
financing of the Thomas Jefferson Building of the Library of
Congress; for inviting Frederick Law Olmstead to design the
present landscape of the Capitol; for planning the location of
the United States Supreme Court Building; for raising funds to
complete the Washington Monument; and for championing the
Smithsonian Institution.
(9) In delivering his last speech as Senator just two weeks
before his death, Morrill noted that the location of the United
States Supreme Court in close proximity to the United States
Capitol and the Library of Congress ``would form a harmonious
group of large public structures on Capitol Hill of unequaled
grandeur, and will be appreciated by the American people
forever''.
(10) In his 1882 book ``Self-Consciousness of Noted
Persons'', Morrill concluded, ``The spur to acquire some future
reputation, to be earned by conscious fidelity, keeps the work
of men always at its best, the mechanic at the top of his
skill, the merchant ever mindful of the upright and downright
in trade; the pulpit and the bar it pushes on to effort and to
eloquence; it makes the soldier brave in battle, the politician
ashamed not be a patriot, and the statesman unwilling to give
up to party what was meant for mankind.''.
(11) After Morrill died on December 28, 1898, eulogies
extolled Morrill's leadership, integrity and good-will,
including the comments of Senator George Graham Vest of
Missouri who stated, ``If all those to whom he did acts of
kindness could whisper across his grave, it would make an
anthem sweeter and more sonorous than any that ever pealed
through cathedral aisle'' and those of Senator George Hoar of
Massachusetts who recalled that Justin Morrill, ``knew in his
youth the veterans of the Revolution and the generation who
declared independence and framed the Constitution . . . . He
knew the whole history of his country from the time of her
independence, partly from the lips of those who shaped it,
partly because of the large share he had in it himself.''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Justin Smith Morrill in recognition of his lasting contributions to
higher education opportunity for all Americans.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with--
(1) an inscription stating ``A Statesman who did not give
up to party what was intended for humankind''; and
(2) suitable emblems, devices, and inscriptions to be
determined by the Secretary.
(c) Smithsonian.--
(1) In general.--Following the award of the gold medal in
honor of Justin Smith Morrill under subsection (a), the gold
medal shall be given to the Smithsonian, where it shall be
available for display as appropriate and made available for
research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian should make the gold medal received under
paragraph (1) available for display or for loan as appropriate
so that it may be displayed elsewhere, particularly at other
appropriate locations associated with the life of Justin Smith
Morrill.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Justin Smith Morrill Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the posthumous presentation of a Congressional Gold Medal in commemoration of Justin Smith Morrill's lasting contributions to higher education opportunity for all Americans. | Justin Smith Morrill Congressional Gold Medal Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Development Investment Act
of 2017''.
SEC. 2. CREDIT FOR EMPLOYERS WHICH PARTNER WITH EDUCATIONAL
INSTITUTIONS TO IMPROVE WORKFORCE DEVELOPMENT AND JOB
TRAINING FOR STUDENTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYERS PARTNERING WITH EDUCATIONAL INSTITUTIONS TO
IMPROVE WORKFORCE DEVELOPMENT AND JOB TRAINING FOR
STUDENTS.
``(a) General Rule.--For purposes of section 38, the employer
partnering credit determined under this section for any taxable year is
an amount equal to $5,000 for each qualified educational institution
engaged in a qualified partnership with the employer.
``(b) Maximum Credit.--
``(1) In general.--The maximum credit determined under this
section for the taxable year shall not exceed $20,000.
``(2) Controlled groups.--For purposes of paragraph (1),
all persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as a single
taxpayer.
``(c) Definitions.--For purposes of this section--
``(1) Qualified educational institution.--The term
`qualified educational institution' means any community
college, any other institution of higher education, and any
area career and technical education school.
``(2) Community college.--The term `community college'
means an institution of higher education that--
``(A) admits as a regular student an individual who
is beyond the age of compulsory school attendance in
the State in which the institution is located and who
has the ability to benefit from the training offered by
the institution, and
``(B) offers a 2-year program in engineering,
mathematics, or the physical or biological sciences
designed to prepare a student to work as a technician
or at the semiprofessional level in engineering,
scientific, or other technological fields requiring the
understanding and application of basic engineering,
scientific, or mathematical principles of knowledge.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(4) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given such term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (29 U.S.C. 2302).
``(5) Qualified partnership.--Not later than six months
after the date of the enactment of this section, the Secretary
of Education, in consultation with the Secretary of Labor,
shall define the term `qualified partnership'. Such term shall
include a partnership through which--
``(A) an employer collaborates with an educational
institution to help develop curriculum in order to
improve workforce development and job training for
students,
``(B) an employer helps provide instruction to
students in the classroom, and
``(C) an employer provides internships,
apprenticeships, or other similar educational
opportunities in the workplace for students.
``(d) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of subsections (c), (d), and (e) of section 52
shall apply.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the employer partnering credit determined under
section 45S.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Employers partnering with educational institutions to
improve workforce development and job
training for students.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. TAX CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER
TRAINING.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new section:
``SEC. 45T. CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER
TRAINING.
``(a) In General.--For purposes of section 38, in the case of any
employer, the worker training tax credit determined under this section
with respect to any eligible employee of the employer is an amount
equal to the lesser of--
``(1) 50 percent of the job training program expenditures
of the taxpayer with respect to such employee during the
taxable year, or
``(2) $5,000.
``(b) Job Training Program Expenses.--For purposes of this
section--
``(1) In general.--The term `job training program expenses'
means amounts paid or incurred by the employer for expenses
incurred by or on behalf of an eligible employee for
participation in a qualified training program.
``(2) Qualified training program.--The term `qualified
training program' means--
``(A) a qualified partnership (as defined in
section 45S(c)(5)), or
``(B) an apprenticeship program registered and
certified with the Secretary of Labor under section 1
of the National Apprenticeship Act (29 U.S.C. 50).
``(c) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of the employer who, while
participating in the qualified training program, is--
``(1) employed on average at least 40 hours of service per
week, or
``(2) in the case of a qualified training program which a
qualified partnership (as defined in section 45S(c)(5)), meets
such hourly work requirements as may be specified by the
Secretary of Education in connection with such partnership.
``(d) Recapture of Credit for Employee Not Performing Minimum
Service.--
``(1) In general.--In the case of any employee with respect
to whom a credit is allowed under this section and whose
employment is terminated by the employer (other than by reason
of such employee's gross misconduct) before the end of the 2-
year period beginning on the first day of the employee's study
or training with respect to which a credit is allowed under
this section, the tax of the taxpayer under this chapter for
the taxable year during which such termination occurs shall be
increased by an amount equal to--
``(A) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the job training program
expenses with respect to such employee had been zero,
multiplied by
``(B) the inclusion ratio.
``(2) Inclusion ratio.--For purposes of this subsection,
the inclusion ratio is the ratio which--
``(A) an amount equal to the difference of--
``(i) the number of days in the 2-year
period, over
``(ii) the number of days such employee was
employed by the employer during such 2-year
period, bears to
``(B) the number of days in the 2-year period.
``(e) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code, as amended by the preceding provisions of
this Act, is amended by striking ``plus'' at the end of paragraph (36),
by striking the period at the end of paragraph (37) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(38) the worker training tax credit determined under
section 45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45T. Credit for employers who engage in qualified worker
training.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Workforce Development Investment Act of 2017 This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $5,000 for each community college, other institution of higher education, or area career and technical education school engaged in a qualified partnership with the employer. The bill allows a maximum credit of $20,000 in any taxable year. Within six months of the enactment of this bill, the Department of Education must define the term "qualified partnership." The term must include a partnership through which an employer: (1) collaborates with an educational institution to help develop curriculum in order to improve workforce development and job training for students; (2) helps provide instruction to students in the classroom; and (3) provides internships, apprenticeships, or other similar educational opportunities in the workplace for students. This bill also allows employers a worker training tax credit equal to the lesser of: 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or $5,000. A "qualified training program" is: (1) a qualified partnership, or (2) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act. | Workforce Development Investment Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterinary Services Investment
Act''.
SEC. 2. VETERINARY SERVICES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C.
3151a) the following:
``SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity'
means--
``(A) a for-profit or nonprofit entity located in
the United States that operates a veterinary clinic
providing veterinary services--
``(i) in a rural area, as defined in
section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)); and
``(ii) in response to a veterinarian
shortage situation;
``(B) a State, national, allied, or regional
veterinary organization or specialty board recognized
by the American Veterinary Medical Association;
``(C) a college or school of veterinary medicine
accredited by the American Veterinary Medical
Association;
``(D) a university research foundation or
veterinary medical foundation;
``(E) a department of veterinary science or
department of comparative medicine accredited by the
Department of Education;
``(F) a State agricultural experiment station; and
``(G) a State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation determined by the Secretary under section 1415A(b).
``(b) Establishment of Program.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities that
carry out programs or activities described in paragraph (2) for
the purpose of developing, implementing, and sustaining
veterinary services.
``(2) Eligibility requirements.--To be eligible to receive
a grant described paragraph (1), a qualified entity shall carry
out programs or activities that the Secretary determines will--
``(A) substantially relieve veterinarian shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate the practices of
veterinarians who are participating in or have
successfully completed a service requirement under
section 1415A(a)(2).
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program under this section, the
Secretary shall--
``(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
``(B) seek the input of interested persons.
``(2) Grant preferences.--In selecting recipients of grants
to be used for any of the purposes described in paragraphs (2)
through (6) of subsection (d), the Secretary shall give a
preference to qualified entities that provide documentation of
coordination with other qualified entities, with respect to any
such purpose.
``(3) Additional preferences.--In awarding grants under
this section, the Secretary may develop additional preferences
by taking into account the amount of funds available for grants
and the purposes for which the grant funds will be used.
``(4) Applicability of other provisions.--Sections 1413B,
1462(a), 1469(a)(3), 1469(c), and 1470 apply to the
administration of the grant program under this section.
``(d) Use of Grants To Relieve Veterinarian Shortage Situations and
Support Veterinary Services.--A qualified entity may use funds provided
by grants under this section to relieve veterinarian shortage
situations and support veterinary services for the following purposes:
``(1) To assist veterinarians with establishing or
expanding practices for the purpose of--
``(A) equipping veterinary offices;
``(B) sharing in the reasonable overhead costs of
the practices, as determined by the Secretary; or
``(C) establishing mobile veterinary facilities in
which a portion of the facilities will address
education or extension needs.
``(2) To promote recruitment (including for programs in
secondary schools), placement, and retention of veterinarians,
veterinary technicians, students of veterinary medicine, and
students of veterinary technology.
``(3) To allow veterinary students, veterinary interns,
externs, fellows, and residents, and veterinary technician
students to cover expenses (other than the types of expenses
described in 1415A(c)(5)) to attend training programs in food
safety or food animal medicine.
``(4) To establish or expand accredited veterinary
education programs (including faculty recruitment and
retention), veterinary residency and fellowship programs, or
veterinary internship and externship programs carried out in
coordination with accredited colleges of veterinary medicine.
``(5) To assess veterinarian shortage situations and the
preparation of applications submitted to the Secretary for
designation as a veterinarian shortage situation under section
1415A(b).
``(6) To provide continuing education and extension,
including veterinary telemedicine and other distance-based
education, for veterinarians, veterinary technicians, and other
health professionals needed to strengthen veterinary programs
and enhance food safety.
``(e) Special Requirements for Certain Grants.--
``(1) Terms of service requirements.--
``(A) In general.--Grants provided under this
section for the purpose specified in subsection (d)(1)
shall be subject to an agreement between the Secretary
and the grant recipient that includes a required term
of service for the recipient, as established by the
Secretary.
``(B) Considerations.--In establishing a term of
service under subparagraph (A), the Secretary shall
consider only--
``(i) the amount of the grant awarded; and
``(ii) the specific purpose of the grant.
``(2) Breach remedies.--
``(A) In general.--An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the grant recipient, including repayment or partial
repayment of the grant funds, with interest.
``(B) Waiver.--The Secretary may grant a wavier of
the repayment obligation for breach of contract if the
Secretary determines that the grant recipient
demonstrates extreme hardship or extreme need.
``(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
``(i) be credited to the account available
to carry out this section; and
``(ii) remain available until expended.
``(f) Cost-Sharing Requirements.--
``(1) Recipient share.--Subject to paragraph (2), to be
eligible to receive a grant under this section, a qualified
entity shall provide matching non-Federal funds, either in cash
or in-kind support, in an amount equal to not less than 25
percent of the Federal funds provided by the grant.
``(2) Waiver.--The Secretary may establish, by regulation,
conditions under which the cost-sharing requirements of
paragraph (1) may be reduced or waived.
``(g) Prohibition on Use of Grant Funds for Construction.--Funds
made available for grants under this section may not be used--
``(1) to construct a new building or facility; or
``(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement
and architect fees.
``(h) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate regulations
to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2012 and each fiscal year thereafter, to remain available
until expended.''. | Veterinarian Services Investment Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture (USDA) to carry out a matching grant program with qualified entities to develop, implement, and sustain veterinary services.
Requires a qualifying entity to carry out programs that: (1) relieve veterinarian shortage situations, (2) support private veterinary practices engaged in public health activities, or (3) support practices of veterinarians who are participating in or have successfully completed a specified service requirement.
Makes such grants available for: (1) assistance for establishing or expanding veterinary practices or establishing mobile veterinary facilities; (2) veterinarian, technician, and student recruitment; (3) grants to attend training programs in food safety or food animal medicine; (4) grants to establish or expand accredited education, internship, residency, and fellowship programs; (5) grants to assess veterinarian shortage situations; and (6) grants for continuing education and extension, including veterinary telemedicine and other distance-based education. | A bill to amend the National Agricultural Research, Extension and Teaching Policy Act of 1977 to establish a grant program to promote efforts to develop, implement, and sustain veterinary services, and for other purposes. |
S ON THE BUDGET.
Section 301 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(j) Means-Tested Welfare Spending.--
``(1) In general.--The concurrent resolution on the budget
for the applicable fiscal year shall set forth the appropriate
level for aggregate means-tested welfare spending for the first
fiscal year of that concurrent resolution and for at least each
of the 4 ensuing fiscal years beginning on the earlier of--
``(A) the first fiscal year that begins after the
date of enactment of this subsection and after any
monthly rate of unemployment during the immediately
preceding fiscal year is below 7.5 percent; or
``(B) fiscal year 2015.
``(2) Setting level.--The level described in paragraph (2)
shall not exceed the aggregate level of Federal means-tested
welfare spending for fiscal year 2007, adjusted for inflation
as follows:
``(A) Spending on means-tested medical assistance
programs shall be adjusted for inflation according to
the price index for personal consumption expenditures
for health products and services as calculated by the
Bureau of Economic Analysis.
``(B) Spending for all other means-tested programs
shall be adjusted for inflation according to the
weighted price index for personal consumption
expenditures excluding health products and services as
calculated by the Bureau of Economic Analysis.''.
SEC. 404. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING.
(a) In General.--Section 302 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(h) Means-Tested Welfare Spending Limit.--
``(1) Further division of amounts.--For any concurrent
resolution on the budget for which levels for aggregate means-
tested welfare spending are set forth under section 301(j), in
the House of Representatives and the Senate, the amounts
allocated under subsection (a) shall be further divided to
establish an allocation of--
``(A) total new budget authority and total outlays
for discretionary means-tested welfare spending in
appropriation measures for the first fiscal year of the
resolution on the budget; and
``(B) total new budget authority and total outlays
for mandatory means-tested welfare spending for the
first fiscal year of the resolution on the budget and
at least each of the ensuing 4 fiscal years to all
other committees of the House of Representatives and
the Senate that have jurisdiction over legislation
providing mandatory means-tested welfare spending.
``(2) Point of order.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, or amendment if--
``(A) the enactment of such bill or resolution as
reported;
``(B) the adoption and enactment of such amendment;
or
``(C) the enactment of such bill or resolution in
the form recommended in such conference report,
would cause the applicable allocation of new budget authority
or outlays made under subparagraph (A) or (B) of paragraph (1)
for a fiscal year to be exceeded.''.
(b) Conforming Amendment.--Section 302(b) of the Congressional
Budget Act of 1974 is amended by striking ``under subsection (a)'' and
inserting ``under subsections (a) and (h)''.
SEC. 405. RECONCILIATION.
Section 310(a) of the Congressional Budget Act of 1974 is amended
as follows:
(1) Strike ``or'' at the end of paragraph (3) and strike
the period at the end of paragraph (4) and insert ``; and''.
(2) Redesignate paragraph (4) as paragraph (5), and in
paragraph (5) as redesignated, strike ``and (3)'' and insert
``(3), and (4)''.
(3) After paragraph (3), insert the following new
paragraph:
``(4) specify the total amount by which new budget
authority for such fiscal year for mandatory means-tested
welfare spending contained in laws, bills, and resolutions
within the jurisdiction of a committee is to be changed and
direct that committee to determine and recommend changes to
accomplish a change of such total amount, which amount shall be
the amount by which the Congressional Budget Office baseline
level of spending for aggregate mandatory means-tested welfare
programs exceeds the allocation made pursuant to section
302(h)(1)(B) for such fiscal year.''.
TITLE V--GRANTS TO PROMOTE SELF-SUFFICIENCY
SEC. 501. GRANTS TO STATES.
(a) Purpose.--The purpose of this title is to encourage States to
develop policies to promote self-sufficiency and prosperity and to
reduce poverty and Government dependence.
(b) Grants.--The Social Security Act is amended by adding at the
end the following:
``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND
PROSPERITY AND TO REDUCE DEPENDENCE
``SEC. 2201. GRANTS TO STATES.
``(a) In General.--The Secretary may provide grants to States to
reward reductions in poverty and Government dependence and increases in
self-sufficiency.
``(b) Allocation of Grants to States.--For each fiscal year for
which funds are made available under subsection (e), the Secretary
shall make a grant in an amount equal to $100,000,000 to each of the 3
States with the greatest percentage increases in the self-sufficiency
ratio of the State for the preceding fiscal year over the self-
sufficiency ratio of the State for fiscal year 2007, as compared with
the changes in that ratio for each other State, subject to subsection
(c).
``(c) Limitation on Eligibility for Grants.--A State shall not be
eligible for a grant under this title for a fiscal year unless the
self-sufficiency ratio of the State for the fiscal year is greater than
the self-sufficiency ratio of the State for fiscal year 2007.
``(d) Definitions.--In this title:
``(1) The term `self-sufficient family' means a family
(including a 1-person family) whose combined income, excluding
receipt of means-tested welfare spending (as defined in section
3(11)(A) of the Congressional Budget and Impoundment Control
Act of 1974), exceeds the poverty line (within the meaning of
section 673(2) of the Omnibus Budget Reconciliation Act of
1981, including any revision required by such section
applicable to a family of the size involved).
``(2) The term `self-sufficiency ratio' means, with respect
to a State and a fiscal year--
``(A) the number of self-sufficient families
residing in the State during the fiscal year that are
headed by able-bodied individuals who have not attained
63 years of age; divided by
``(B) the total number of families residing in the
State during the fiscal year that are headed by able-
bodied individuals who have not attained 63 years of
age.
``(3) The term `State' means the 50 States and the District
of Columbia.
``(e) Limitations on Authorization of Appropriations.--For grants
under this title, there are authorized to be appropriated to the
Secretary $300,000,000 for fiscal year 2012 and each succeeding fiscal
year.''.
TITLE VI--PROHIBITION ON FUNDING OF ABORTION
SEC. 601. PROHIBITION ON FUNDING FOR ABORTIONS.
No funds authorized or appropriated by Federal law, and none of the
funds in any trust fund to which funds are authorized or appropriated
by Federal law, shall be expended for any abortion.
SEC. 602. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER
ABORTION.
None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
SEC. 603. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION.
For taxable years beginning after the date of the enactment of this
section, no credit shall be allowed under the internal revenue laws
with respect to amounts paid or incurred for an abortion or with
respect to amounts paid or incurred for a health benefits plan
(including premium assistance) that includes coverage of abortion.
SEC. 604. CONSTRUCTION RELATING TO SEPARATE COVERAGE.
Nothing in this title shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
SEC. 605. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR
HEALTH COVERAGE.
Nothing in this title shall be construed as restricting the ability
of any non-Federal health benefits coverage provider from offering
abortion coverage, or the ability of a State or locality to contract
separately with such a provider for such coverage, so long as only
funds not authorized or appropriated by Federal law are used and such
coverage shall not be purchased using matching funds required for a
federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
SEC. 606. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING
THE LIFE OF THE MOTHER.
The limitations established in this title shall not apply to an
abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself. | Welfare Reform Act of 2011 - Welfare Reform Restoration Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise the TANF program by: (1) eliminating the temporary modification of the caseload reduction credit, and (2) reducing funding of state family assistance grants.
Restores the former name of the Food Stamp Act of 1977, and restores its text as if the Food, Conservation, and Energy Act of 2008 had not been enacted; and (2) renames the supplemental nutrition assistance program benefits as the food stamp program.
Amends the Food Stamp Act of 1977 to revise work requirements for the food stamp program and require able-bodied work eligible adult members of a family unit to participate in a work activation program during a full month of participation in the food stamp program, fulfilling specified levels of work activity during that month. (Work activation means, not employment, but supervised job search, community service activities, education and job training, workfare, or drug and alcohol treatment.)
Specifies a financial reward for any state that reduces its food stamp caseload below calendar 2006 levels.
Declares that a food, food product, meal, or other specified item shall be considered a food under the Food Stamp Act of 1977 only if it is a bare essential.
Requires the President to include means-tested welfare spending in every budget submission.
Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 to define and establish an aggregate cap for means-tested welfare spending.
Directs the Secretary of Health and Human Services (HHS) to provide grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency.
Prohibits the expenditure for abortions, with certain exceptions, of any funds authorized or appropriated by federal law, and funds in any trust fund to which funds are authorized or appropriated by federal law.
Prohibits funding for health benefits plans that cover abortion.
Prohibits the allowance of any tax credit with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. | A bill to provide information on total spending on means-tested welfare programs, to provide additional work requirements, and to provide an overall spending limit on means-tested welfare programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Health as Youth Skills in
Classrooms and Life Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Childhood obesity has reached epidemic proportions in
the United States.
(2) Researchers estimate that the medical costs of the
obesity epidemic in the United States may total
$270,000,000,000 annually.
(3) More than one-third of children and adolescents are
estimated to be overweight or obese.
(4) Of all United States deaths from major chronic disease,
23 percent are linked to sedentary lifestyles that now begin at
childhood.
(5) Overweight adolescents have a 70- to 80-percent chance
of becoming overweight adults, increasing their risk for
chronic disease, disability, and death.
(6) Studies show that children born today, for the first
time in 2 centuries, have a shorter life expectancy than their
parents.
(7) According to the Centers for Disease Control and
Prevention, in 2006--
(A) 1 in 5 students in grades 9-12 seriously
considers suicide;
(B) 1 in 3 12th graders, 1 in 4 10th graders, and 1
in 10 8th graders binge drink; and
(C) 1 in 10 children suffer mental illness causing
some level of impairment.
(8) Studies show that--
(A) students who receive social-psychological
support and prevention have improved academic
achievement;
(B) instruction in personal and social skills
improves decisionmaking and reduces risky health
behaviors; and
(C) comprehensive programs linking rigorous
instruction with health, education, social services,
and health services in schools can reduce absenteeism.
(9) The Centers for Disease Control and Prevention
recommends that students receive a minimum of 50 hours of
health education per year in order to ensure health literacy.
(10) According to the Centers for Disease Control and
Prevention, only 6.4 percent of elementary schools, 20.6
percent of middle schools, and 35.8 percent of high schools
require health instruction in all 14 recommended health topics
and only 3.8 percent of elementary schools, 7.8 percent of
middle schools, and 2.1 percent of high schools provide daily
physical education or its equivalent.
(11) The Institute of Medicine in 2004 reported that
enhanced school health education programs are essential to
developing a health literate society in the United States as
the Nation faces increasing health care challenges. In 2013,
the Institute of Medicine recommended elevating physical
education to a ``core subject'' in an effort to combat
childhood obesity.
(12) According to the Centers for Disease Control and
Prevention, studies suggest that physical activity can impact
cognitive skills and attitudes, and important components of
improved academic performance, including enhanced concentration
and attention as well as improved classroom behavior.
(13) The White House Task Force on Childhood Obesity Report
recommends increasing the quality and frequency of sequential,
age, and developmentally appropriate physical education for all
students, taught by certified physical education teachers.
(14) The Society of Health and Physical Educators
recommends that elementary school students receive 150 minutes
per week of physical education and that middle school and high
school students receive 225 minutes per week of physical
education.
(15) The American school system is already situated to
reach 50,000,000 children and youth to provide the health and
physical education they need and a place for them to engage in
these behaviors, such as nutritious eating and participating in
physical activity.
(16) Military readiness is vulnerable, as almost 30 percent
of 17-24 year olds are too overweight to serve in the U.S.
military.
(17) Physical education and health education are critical
to combating these harmful trends and are key components to
educating the whole child.
SEC. 3. HEALTH EDUCATION AND PHYSICAL EDUCATION.
(a) Definitions.--Section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and
geography'' and inserting ``geography, physical education, and health
education''.
(b) Assessments.--Section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by
adding at the end the following:
``(E) Assessments for health education and physical
education.--Notwithstanding any other provision of this
Act, each State shall determine the most feasible
measure for assessing students in health education and
physical education, including the use of adaptive
assessments, to measure student knowledge and
performance according to State standards and
benchmarks.''.
SEC. 4. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.
(a) In General.--The Carol M. White Physical Education Program (20
U.S.C. 7261 et seq.) is amended--
(1) by striking section 5503 and inserting the following:
``SEC. 5503. PROGRAM AUTHORIZED.
``(a) Authorization.--The Secretary is authorized to award grants
to local educational agencies and community-based organizations to pay
the Federal share of the costs of initiating, expanding, and improving
physical education programs for kindergarten through 12th-grade
students by--
``(1) providing materials, equipment, and support to enable
students to participate actively in physical education
activities; and
``(2) providing funds for staff and teacher training and
education.
``(b) Program Elements.--A physical education program funded under
this subpart may provide for 1 or more of the following:
``(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
``(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
``(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that support a
lifelong healthy lifestyle.
``(4) Opportunities to develop positive social and
cooperative skills through physical activity participation.
``(5) Instruction in healthy eating habits and good
nutrition.
``(6) Opportunities for professional development for
teachers of physical education to stay abreast of the latest
research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve Officers'
Training Corps (ROTC) program activities, shall not be considered as
part of the curriculum of a physical education program assisted under
this subpart.''; and
(2) by adding at the end the following:
``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for fiscal year 2016 and each of the 4
succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 5507 the following:
``Sec. 5508. Authorization of appropriations.''. | Promoting Health as Youth Skills in Classrooms and Life Act Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects." Requires each state to determine the most feasible measure for assessing students in health education and physical education, including through adaptive assessments, to measure student knowledge and performance against state standards. Authorizes appropriations for FY2016-FY2020 for the Carol M. White Physical Education Program, which provides matching grants to local educational agencies and community-based organizations to initiate, expand, and improve physical education programs (including after-school programs) for students in kindergarten through grade 12. | Promoting Health as Youth Skills in Classrooms and Life Act |
SECTION 1. TECHNICAL AMENDMENTS.
(a) Expired Provisions.--(1) Section 202(a)(27) of the Older
Americans Act of 1995 (42 U.S.C. 3012(a)(27)) is amended by striking
subparagraph (C).
(2) Section 205 of the Older Americans Act of 1995 (42 U.S.C. 3016)
is amended--
(A) by striking subsection (c), and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Section 206(g) of the Older Americans Act of 1995 (42 U.S.C.
3017(g)) is amended--
(A) by striking paragraph (1), and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) Name Changes.--Section 207(b)(2) of the Older Americans Act of
1995 (42 U.S.C. 3018(b)(2)) is amended--
(1) in subparagraph (B) by striking ``Labor'' and
inserting ``the Workforce'', and
(2) in subparagraph (C) by striking ``Labor and
Human Resources'' and inserting ``Health, Education,
Labor, and Pensions
SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Federal Council on the Aging.--Section 204(g) of the Older
Americans Act of 1965 (42 U.S.C. 3015(g)) is amended by striking
``$300, 000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(b) Administration.--Section 215 of the Older Americans Act of 1995
(42 U.S.C. 3020f) is amended--
(1) in subsection (a) by striking ``1992, 1993, 1994, and
1995'' and inserting ``2000 through 2002'', and
(2) in subsection (b) by amending paragraph (1) to read as
follows:
``(1) $29,000,000 for each of the fiscal years 2000 through
2002; and''.
(c) Grants for State and Community Programs on Aging.--Section 303
of the Older Americans Act of 1995 (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1) by striking ``$461,376,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may
be necessary for fiscal years 2000 through 2002'',
(2) in subsection (b)--
(A) in paragraph (1) by striking ``$505,000,000 for
fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000
through 2002'',
(B) in paragraph (2) by striking ``$120,000,000 for
fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000 through 2002'',
and
(C) in paragraph (3) by striking
``$15,000,000 for fiscal year 1992 and such sums as may
be necessary for fiscal years 1993, 1994, and 1995''
and inserting ``such sums as may be necessary for
fiscal years 2000 through 2002'',
(3) in subsection (d) by striking ``$45,388,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(4) in subsection (e) by striking ``the fiscal years 1992,
1993, 1994, and 1995'' and inserting ``fiscal years 2000
through 2002'',
(5) in subsection (f) by striking ``$25,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'', and
(6) in subsection (g) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(d) Availability of Surplus Commodities.--Section 311(c)(1)(A) of
the Older Americans Act of 1995 (42 U.S.C. 3030a(c)(1)(A)) is amended
by striking
``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993,
$380,000,000 for fiscal year 1994, and
$460,000,000 for fiscal year 1995'' and inserting
``$460,000,000 for each of the fiscal years 2000 through 2002''.
(e) Training, Research, and Discretionary Projects and Programs.--
Section 431 of the Older Americans Act of 1995 (42 U.S.C. 3037) is
amended--
(1) in subsection (a)(1) by striking
``$72,000,000 for fiscal year 1992, and such sums as may be
necessary for fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000 through
2002'', and
(2) in subsection (b) by striking ``$450,000 for each of
the fiscal years 1992, 1993, 1994, and 1995'' and inserting
``$450,000 for each of the fiscal years 2000 through 2002''.
(f) Community Service Employment for Older Americans.--Section
508(a)(1) of the Older Americans Act of 1995 (42 U.S.C. 3056f(a)(1)) is
amended by striking ``$470,671,000 for fiscal year 1992, and such sums
as may be necessary for fiscal years 1993, 1994, and 1995'' and
inserting ``such sums as may be necessary for fiscal years 2000 through
2002''.
(g) Grants for Native Americans.--Section 633(a) of the Older
Americans Act of 1995 (42 U.S.C. 3057n(a)) is amended by striking
``$30,000,000 for fiscal year 1992 and such sums as may be necessary
for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as
may be necessary for fiscal years 2000 through 2002''.
(h) Allotments for Vulnerable Elder Rights Protection Activities.--
Section 702 of the Older Americans Act of 1995 (42 U.S.C. 3058a) is
amended--
(1) in subsection (a) by striking ``$40,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(2) in subsection (b) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(3) in subsection (c) by striking ``$10,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'', and
(4) in subsection (d) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(i) Native American Program.--Section 751(d) of the Older Americans
Act of 1995 (42 U.S.C. 3058aa(d)) is amended by striking ``$5,000,000
for fiscal year 1992, and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
SEC. 3. TRANSFERS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended--
(1) in paragraph (4)(B)--
(A) by striking ``fiscal year 1993, 1994, 1995, or
1996'' and inserting ``a fiscal year'', and
(B) by striking ``need--'' and all that follows and
inserting ``need, an additional 10 percent of the funds
so received for the fiscal year.'', and
(2) in paragraph (5)--
(A) in subparagraph (A) by striking ``not more than
30 percent for fiscal year 1993, not more than 25
percent for fiscal year 1994, not more than 25 percent
for fiscal year 1995, and not more than 20 percent for
fiscal year 1996'' and inserting ``not more than 20
percent for the fiscal year involved'', and
(B) in subparagraph (B)--
(i) by striking ``(B)(i)'' and all that
follows through ``(ii) If'' and inserting ``(B)
If'', and
(ii) by striking ``for fiscal year 1996''
and inserting ``for a fiscal year''. | Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program. | To amend the Older Americans Act of 1965 to extend the authorizations of appropriations for that Act, and to make technical corrections. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ice Age Floods National Geologic
Route Designation Act of 2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to designate the Ice Age Floods National
Geologic Route in the States of Montana, Idaho, Washington, and Oregon,
enabling the public to view, experience, and learn about the Ice Age
Floods' features and story through the collaborative efforts of public
and private entities.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Route.--The term ``Route'' means the Ice Age Floods
National Geologic Route designated in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Floods.--The term ``Ice Age Floods'' or ``floods''
means the cataclysmic floods that occurred in what is now the
northwestern United States during the last Ice Age primarily
from massive, rapid and recurring drainage of Glacial Lake
Missoula.
SEC. 4. DESIGNATION OF THE ICE AGE FLOODS NATIONAL NATIONAL GEOLOGIC
ROUTE.
(a) Designation.--In order to provide for the public appreciation,
education, understanding, and enjoyment, through a coordinated
interpretive program of certain nationally significant natural and
cultural sites associated with Ice Age Floods that are accessible
generally by public roads, the Secretary, acting through the Director
of the National Park Service, with the concurrence of the agency having
jurisdiction over such roads, is authorized to designate, by
publication of a map or other description thereof in the Federal
Register, a vehicular tour route along existing public roads linking
such natural and cultural sites. Such route shall be known as the ``Ice
Age Floods National Geologic Route''.
(b) Location.--The location of the Route shall generally follow
public roads and highways from the vicinity of Missoula in western
Montana, across northern Idaho, through eastern and southern sections
of Washington, and across northern Oregon in the vicinity of the
Willamette Valley and the Columbia River to the Pacific Ocean, as
generally depicted on the map titled ``Ice Age Floods National Geologic
Trial'', numbered P43/80,000, and dated June 2004.
(c) Maps.--
(1) Revisions.--The Secretary may revise the map by
publication in the Federal Register of a notice of availability
of a new map, as needed, in cooperation with Federal, State,
local, or tribal governments, and other public or private
entities.
(2) Availability.--Any map referred to in paragraph (1)
shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(d) Description of Sites; Plan; Interpretive Program.--
(1) Description of sites; plan.--Not later than 3 years
after the date that funds become available for this Act, the
Secretary shall prepare a description of sites along the Route
and general plan which shall include the location and
description of each of the following:
(A) Unique geographic or geologic features and
significant landforms.
(B) Important cultural resources.
(2) Interpretive program.--The general plan shall include
proposals for a comprehensive interpretive program of the
Route.
(3) Transmission to congress.--The Secretary shall transmit
the description of sites and general plan to the Committee on
Resources of the United States House of Representative and the
Committee on Energy and Natural Resources of the United States
Senate.
(4) Consultation.--The description of sites and plan shall
be prepared in consultation with other Federal agencies, the
State of Montana, the State Idaho, the State of Washington, and
the State of Oregon, units of local governments, tribal
governments, interested private citizens, and nonprofit
organizations, and the Ice Age Floods Institute.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer a program to interpret the
Route in accordance with this Act.
(b) Public Education.--With respect to sites linked by segments of
the Route which are administered by other Federal, State, tribal, and
local nonprofit or private entities, the Secretary is authorized to
provide technical assistance in the development of interpretive devices
and materials pursuant to cooperative agreements with such entities.
The Secretary, in cooperation with Federal, State, tribal, or local
governments or nonprofit or private entities, shall prepare and
distribute information for the public appreciation of sites along the
Route.
(c) Markers.--The Secretary shall ensure that the Route is marked
with appropriate markers to guide the public. With the concurrence and
assistance of the State, tribal, or local entity having jurisdiction
over the roads designated as part of the Route, the Secretary may erect
thereon signs and other informational devices displaying the Ice Age
Floods National Geologic Route marker. The Secretary is authorized to
accept the donation of suitable signs and other informational devices
for placement at appropriate locations.
(d) Private Property Rights.--Nothing in this Act shall be
construed to require any private property owner to allow public access
(including Federal, State or local government access) to such private
property or to modify any provision of Federal, State or local law with
regard to public access to or use of private lands.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $250,000
for each fiscal year to carry out this Act.
Passed the House of Representatives September 25, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Ice Age Floods National Geologic Route Designation Act of 2006 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service (NPS), and with the concurrence of the agency having jurisdiction over such roads, to designate a vehicular tour route from Missoula, Montana, to the Pacific Ocean along existing public roads linking certain nationally significant natural and cultural sites associated with the Ice Age Floods, which shall be known as the "Ice Age Floods National Geologic Route."
Requires the Secretary to prepare and transmit to specified congressional committees a description of sites along the Route and a general plan, which shall include the location and description of unique geographic or geologic features and significant landforms and important cultural resources.
Requires the general plan to include proposals for a comprehensive interpretive program of the Route.
Requires the Secretary of the Interior, acting through the NPS Director, to administer a program for interpretation of the Route.
Authorizes the Secretary to provide other federal, state, tribal, and local nonprofit or private entities with technical assistance in developing interpretive devices and materials with respect to sites linked by segments of the Route administered by such entities.
Instructs the Secretary to ensure that the Route is marked with appropriate signs and other markers to guide the public.
Declares that nothing in this Act shall be construed to require any private property owner to allow public access (including federal, state, or local government access) to such private property, or to modify any provision of federal, state, or local law with regard to public access to or use of private lands.
Authorizes appropriations. | To designate the Ice Age Floods National Geologic Route, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Hospice Reform and Savings
Act of 2009''.
SEC. 2. HOSPICE CARE PAYMENT AND COVERAGE REFORMS.
(a) Relief From Demand Payments.--Section 1814(i)(2) of the Social
Security Act (42 U.S.C. 1395f(i)(2)) is amended--
(1) in subparagraph (A), by inserting ``(ending before
November 1, 2009)'' after ``for an account year;''; and
(2) by adding at the end the following new subparagraph:
``(E) With respect to repayment demands based upon the application
of this paragraph for an accounting year ending during the 4-year
period ending on October 31, 2009, recovery by the Secretary of such
demands from a hospice program shall be subject to the following:
``(i)(I) Subject to subclause (II), no such demand to any
hospice program shall exceed 10 percent of the payments under
this part to the program for the same time period covered by
the demand.
``(II) The aggregate reduction in repayment demands under
subclause (I) shall not exceed $400,000,000 and the Secretary
shall reduce, in a pro-rata manner, the application of
reductions under such subclause to the extent such reductions
would otherwise exceed such limit.
``(III) Subclause (I) shall be applied taking into account
principal amounts made on or before the date of the enactment
of this subparagraph.
``(ii) Upon request of a hospice program subject to the
maximum demand under the limitation specified in clause (i),
the Secretary shall allow the program a period of 60 months
from the date of demand to repay such demand in installments.
``(iii) The interest rate charged on any demand during the
period specified in this clause may not exceed the effective
rate established by the Secretary of the Treasury pursuant to
section 3717(a) of title 31, United States Code, as of the date
of the demand.
Nothing in this subparagraph shall be construed to require the
Secretary to return funds collected or repaid before the date of the
enactment of this subparagraph.''.
(b) Realignment of Payment Amounts.--Section 1814(i)(1) of such Act
(42 U.S.C. 1395f(i)(1)) is amended--
(1) in subparagraph (B), by inserting ``subject to
subparagraph (D),'' after ``subparagraph (A)'';
(2) in subparagraph (C), by inserting ``subject to
subparagraph (D),'' after ``for a subsequent fiscal year,'';
and
(3) by adding at the end the following new subparagraph:
``(D)(i) In the case of hospice care (other than short-term
inpatient care) furnished on or after November 1, 2009, with respect to
an individual in a hospice election period (other than one of the first
two 90-day periods for such individual under section 1812(d)(1)), the
amount of payment otherwise established for such care shall be reduced
by 12\1/2\ percent.
``(ii) In the case of routine home hospice care furnished on or
after November 1, 2009, during the first 5 days of hospice care in an
individual's initial 90-day hospice election period under section
1812(d)(1) and during the last 5 days of hospice care preceding (and
including) the date of the beneficiary's death, the amount of payment
otherwise established for such care shall be increased by 20
percent.''.
(c) Listing of Terminal Illnesses.--By not later than January 31,
2010, and for purposes of applying section 1861(dd)(3)(A) of the Social
Security Act (42 U.S.C. 1395x(dd)(3)(A)), the Secretary of Health and
Human Services shall issue evidence-based national coverage
determinations for life expectancies covering at least each of those
terminal medical diagnoses currently covered by Local Coverage
Determinations promulgated by Medicare's fiscal intermediaries.
(d) Delay in Phase Out of Medicare Hospice Budget Neutrality
Adjustment Factor During Fiscal Years 2010-2013 Based Upon Savings From
National Coverage Determinations.--
(1) Determination of savings.--The Secretary of Health and
Human Services shall annually determine, and report to
Congress, the amount of the reductions in expenditures under
title XVIII of the Social Security Act during fiscal years 2010
through 2013 that results from the issuance of the national
coverage determinations described in subsection (c) for hospice
care.
(2) Restoration of medicare hospice budget neutrality
adjustment factor.--Notwithstanding any other provision of law,
including the final rule published on August 10, 2008, 73
Federal Register 46464 et seq., relating to Medicare Program;
Hospice Wage Index for Fiscal Year 2009, the Secretary shall
restore the application (and reduce the phase out) of the
budget neutrality adjustment factor in the Medicare hospice
wage index for the fiscal years 2010 through 2013 in such
manner as the Secretary estimates will result in an aggregate
increase in expenditures under title XVIII of the Social
Security Act equivalent to the aggregate reductions in
expenditures determined under paragraph (1) for such period. | Medicare Hospice Reform and Savings Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise payments and coverage for hospice care under the Medicare program.
Prescribes conditions for recovery by the Secretary of Health and Human Services (HHS) of repayment demands from a hospice program for any accounting year during the four-year period ending on October 31, 2009.
Requires the Secretary to issue evidence-based national coverage determinations for life expectancies covering at least each of those terminal medical diagnoses currently covered by Local Coverage Determinations promulgated by Medicare's fiscal intermediaries.
Directs the Secretary to restore the application (and reduce the phase out) of the budget neutrality adjustment factor in the Medicare hospice wage index for FY2010-FY2013 in a manner that will result in an aggregate increase in Medicare expenditures equivalent to the aggregate reductions in expenditures resulting from the issuance of the national coverage determinations. | To amend title XVIII of the Social Security Act to reform payments and coverage for hospice care under the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denali National Park Improvement
Act''.
SEC. 2. KANTISHNA HILLS MICROHYDRO PROJECT; LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Appurtenance.--The term ``appurtenance'' includes--
(A) transmission lines;
(B) distribution lines;
(C) signs;
(D) buried communication lines;
(E) necessary access routes for microhydro project
construction, operation, and maintenance; and
(F) electric cables.
(2) Kantishna hills area.--The term ``Kantishna Hills
area'' means the area of the Park located within 2 miles of
Moose Creek, as depicted on the map.
(3) Map.--The term ``map'' means the map entitled
``Kantishna Hills Micro-Hydro Area'', numbered 184/80,276, and
dated August 27, 2010.
(4) Microhydro project.--
(A) In general.--The term ``microhydro project''
means a hydroelectric power generating facility with a
maximum power generation capability of 100 kilowatts.
(B) Inclusions.--The term ``microhydro project''
includes--
(i) intake pipelines, including the intake
pipeline located on Eureka Creek, approximately
\1/2\ mile upstream from the Park Road, as
depicted on the map;
(ii) each system appurtenance of the
microhydro projects; and
(iii) any distribution or transmission
lines required to serve the Kantishna Hills
area.
(5) Park.--The term ``Park'' means the Denali National Park
and Preserve.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Permits for Microhydro Projects.--
(1) In general.--The Secretary may issue permits for
microhydro projects in the Kantishna Hills area.
(2) Terms and conditions.--Each permit under paragraph (1)
shall be--
(A) issued in accordance with such terms and
conditions as are generally applicable to rights-of-way
within units of the National Park System; and
(B) subject to such other terms and conditions as
the Secretary determines to be necessary.
(3) Completion of environmental analysis.--Not later than
180 days after the date on which an applicant submits an
application for the issuance of a permit under this subsection,
the Secretary shall complete any analysis required by the
National Environment Policy Act of 1969 (42 U.S.C. 4321 et
seq.) of any proposed or existing microhydro projects located
in the Kantishna Hills area.
(c) Land Exchange.--
(1) In general.--For the purpose of consolidating ownership
of Park and Doyon Tourism, Inc. lands, including those lands
affected solely by the Doyon Tourism microhydro project, and
subject to paragraph (4), the Secretary may exchange Park land
near or adjacent to land owned by Doyon Tourism, Inc., located
at the mouth of Eureka Creek in sec. 13, T.16 S., R. 18 W.,
Fairbanks Meridian, for approximately 18 acres of land owned by
Doyon Tourism, Inc., within the Galena patented mining claim.
(2) Map availability.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(3) Timing.--The Secretary shall seek to complete the
exchange under this subsection by not later than February 1,
2015.
(4) Applicable laws; terms and conditions.--The exchange
under this subsection shall be subject to--
(A) the laws (including regulations) and policies
applicable to exchanges of land administered by the
National Park Service, including the laws and policies
concerning land appraisals, equalization of values, and
environmental compliance; and
(B) such terms and conditions as the Secretary
determines to be necessary.
(5) Equalization of values.--If the tracts proposed for
exchange under this subsection are determined not to be equal
in value, an equalization of values may be achieved by
adjusting the quantity of acres described in paragraph (1).
(6) Administration.--The land acquired by the Secretary
pursuant to the exchange under this subsection shall be
administered as part of the Park.
SEC. 3. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE.
(a) Definitions.--In this section:
(1) Appurtenance.--
(A) In general.--The term ``appurtenance'' includes
cathodic protection or test stations, valves, signage,
and buried communication and electric cables relating
to the operation of high-pressure natural gas
transmission.
(B) Exclusions.--The term ``appurtenance'' does not
include compressor stations.
(2) Park.--The term ``Park'' means the Denali National Park
and Preserve in the State of Alaska.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Permit.--The Secretary may issue right-of-way permits for--
(1) a high-pressure natural gas transmission pipeline
(including appurtenances) in nonwilderness areas within the
boundary of Denali National Park within, along, or near the
approximately 7-mile segment of the George Parks Highway that
runs through the Park; and
(2) any distribution and transmission pipelines and
appurtenances that the Secretary determines to be necessary to
provide natural gas supply to the Park.
(c) Terms and Conditions.--A permit authorized under subsection
(b)--
(1) may be issued only--
(A) if the permit is consistent with the laws
(including regulations) generally applicable to utility
rights-of-way within units of the National Park System;
(B) in accordance with section 1106(a) of the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3166(a)); and
(C) if, following an appropriate analysis prepared
in compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the route of the
right-of-way is the route through the Park with the
least adverse environmental effects for the Park; and
(2) shall be subject to such terms and conditions as the
Secretary determines to be necessary.
SEC. 4. DESIGNATION OF THE WALTER HARPER TALKEETNA RANGER STATION.
(a) Designation.--The Talkeetna Ranger Station located on B Street
in Talkeetna, Alaska, approximately 100 miles south of the entrance to
Denali National Park, shall be known and designated as the ``Walter
Harper Talkeetna Ranger Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Talkeetna Ranger
Station referred to in subsection (a) shall be deemed to be a reference
to the ``Walter Harper Talkeetna Ranger Station''. | . Denali National Park Improvement Act - Authorizes the Secretary of the Interior to issue permits for specified microhydro projects in the Kantishna Hills area within the Denali National Park and Preserve (the Park) in Alaska. Defines "microhydro project" as a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts and includes any distribution or transmission lines required to serve such area. Requires the Secretary, within 180 days after submission of a permit application, to complete any analysis required by the National Environmental Policy Act of 1969 respecting any proposed or existing microhydro projects in the area. Directs the Secretary to exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek for approximately 18 acres of land owned by Doyon Tourism within the Galena patented mining claim. Instructs the Secretary to seek to complete such exchange by February 2015. Permits an equalization of any unequal values of the tracts proposed for exchange by adjusting the quantity of the acreage owned by Doyon Tourism. Requires the land acquired by the Secretary to be administered as part of the Park. Authorizes the Secretary to issue right-of-way permits, subject to certain terms and conditions, for: (1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of the Park within, along, or near the approximately seven-mile segment of the George Parks Highway that runs through the Park; and (2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. Designates the Talkeetna Ranger Station that is on B Street in Talkeetna, Alaska, and that is approximately 100 miles south of the entrance to the Park, as the Walter Harper Talkeetna Ranger Station. | Denali National Park Improvement Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Castner Range
National Monument Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Castner Range National Monument, Texas.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands within the National Monument.
Sec. 6. Water.
Sec. 7. Border security.
Sec. 8. Department of Army responsibility and authority.
Sec. 9. Castner Range National Monument Advisory Council.
Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``advisory council'' means
the Castner Range National Monument Advisory Council.
(2) National monument.--The term ``National Monument''
means the Castner Range National Monument.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Texas.
SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS.
(a) Establishment.--Subject to valid existing rights, there is
hereby established the Castner Range National Monument in the State.
(b) Area Included.--The National Monument consists of Federal land
and interests in Federal land within El Paso County, Texas, as depicted
on the map entitled ``Castner Range National Monument''.
(c) Exclusion of Non-Federal Land.--The National Monument includes
only Federal land and interests in Federal land and does not include or
apply to private property or other non-Federal land and interests in
land within the exterior boundaries of the National Monument.
(d) Purpose.--The purpose of the National Monument is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the lands included in the National Monument, including Castner Range
and its--
(1) relationship to the Department of the Army;
(2) role as a water conservation sanctuary through a dozen
natural canyons, arroyos (``gullies, washes'') and alluvial
fans which efficiently transport run-off from the heights
through seepage into the large underground Hueco Bolson
(``aquifer'', which along with the West Side Mesilla Bolson
supplies much of El Paso's water);
(3) historical significance, as it contains numerous
archaeological and historical resources that date as far back
as the Paleo-Indian, Archaic and historic Indian groups, lasted
from about 8000 B.C. to 4000 B.C. and was initially
characterized by big-game hunting;
(4) significance as a habitat for an extremely diverse
aggregation of wildlife and plant species of special concern
that are thought to inhabit Castner Range, including the sand
prickly pear, the Texas lyre snake, and the western burrowing
owl; and
(5) significance as a one-of-a-kind vegetation region that
includes a mountainous area, cactus lechuguilla region, and
draw-yucca grassland region.
SEC. 4. ACCESS AND BUFFER ZONES.
(a) Access.--The Secretary shall continue to provide historical and
adequate access to private inholdings within the exterior boundaries of
the National Monument.
(b) Buffer Zones.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Monument. The fact that
any activities or uses outside of areas designated by this Act can be
seen or heard within the National Monument shall not preclude the
activities or uses outside of the National Monument.
(c) Use of Easements.--Nothing in this Act shall affect currently
used easements located within the National Monument, including the use
of Trans Mountain Highway, the National Border Patrol Museum, El Paso
Museum of Archaeology, and the El Paso Water Utilities.
SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT.
(a) Basis of Management.--
(1) Applicable laws.--The Secretary shall manage the
National Monument in a manner that conserves, protects, and
enhances the natural resources and values of the National
Monument, in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) the Act of June 17, 1902 (commonly known as the
Reclamation Act of 1902; 32 Stat. 388), and Acts
amendatory thereof and supplemental thereto.
(2) Resolution of conflicts.--If there is a conflict
between a provision of this Act and a provision of one of the
other laws specified in paragraph (1), the more restrictive
provision shall control.
(b) Tribal Cultural Uses.--Nothing in this Act shall be construed
to enlarge or diminish the rights of any Indian Tribe.
(c) Management Plan.--
(1) In general.--The Secretary shall develop a
comprehensive plan for the protection and management of the
National Monument that fulfills the purposes specified in
section 3. In implementing the management plan and in
considering any recommendations from the advisory council, the
Secretary shall consult with the advisory council on a regular
basis.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the National Monument;
(B) identify short-term and long-term management
actions and prioritize management actions based on
projected availability of resources;
(C) include a habitat restoration opportunities
component;
(D) include a recreational opportunity enhancement
component; and
(E) include a component that addresses the
Secretary of Army's remediation of hazardous substances
or munitions and explosives of concern within the
National Monument.
(3) Public participation and special considerations.--In
developing the management plan, and to the extent consistent
with this section, the Secretary--
(A) shall solicit extensive public input;
(B) shall take into consideration any information
developed in studies of the land within the National
Monument;
(C) shall assess available climate change
information pertinent to the National Monument;
(D) shall include standards and practices to ensure
the preservation of wildlife corridors and facilitate
species migration; and
(E) may incorporate any provision from a resource
management plan, land and resource management plan, or
any other plan applicable to the National Monument.
(d) Cooperative Agreements.--In carrying out this Act, the
Secretary may make grants to, or enter into cooperative agreements
with, State, Tribal, and local governmental entities and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the restoration or conservation of
the National Monument.
(e) Motorized and Mechanized Vehicles.--Except where needed for
administrative purposes or to respond to an emergency, the use of
motorized and mechanized vehicles on lands within the National Monument
shall be permitted only on roads and trails designated for their use.
(f) Acquisition and Incorporation of Lands and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
within the exterior boundaries of the National Monument only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land that is
located within the National Monument that is acquired by the
United States shall--
(A) become part of the National Monument; and
(B) be managed in accordance with this Act.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the National Monument is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) leasing or disposition under all laws relating to
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(h) Limited Conveyance Authority.--The Secretary may authorize the
conveyance of Federal land within the National Monument if--
(1) the purpose for which the land is to be conveyed is
consistent with the purposes specified in section 3;
(2) the conveyance would benefit the National Monument and
is in the public interest, as determined by the Secretary; and
(3) the conveyance is made in accordance with applicable
laws (including regulations).
(i) Wildland Fire Operations.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Monument consistent with the purposes specified in section
3.
SEC. 6. WATER.
Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; or
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of the enactment of this Act.
SEC. 7. BORDER SECURITY.
(a) In General.--Nothing in this Act--
(1) prevents the Secretary of Homeland Security from
conducting--
(A) undertaking law enforcement and border security
activities, in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), including the
ability to use motorized access within an area while in
pursuit of a suspect; or
(B) any low-level flights over the area that may be
necessary for law enforcement and border security
purposes; or
(2) affects the 2006 Memorandum of Understanding among the
Department of Homeland Security, the Department of the
Interior, and the Department of Agriculture regarding
cooperative national security and counterterrorism efforts on
Federal lands along the borders of the United States.
(b) Withdrawal and Administration of Certain Area.--Nothing in this
section precludes the Secretary from allowing within the area described
in subsection (a)(1)(A) the installation and maintenance of
communication or surveillance infrastructure necessary for law
enforcement or border security activities.
SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY.
(a) Responsibility.--Nothing in this Act shall affect--
(1) the responsibility of the Department of the Army under
applicable environmental laws, including the remediation of
hazardous substances or munitions and explosives of concern
within the National Monument boundaries;
(2) the statutory authority of the Department of the Army
to control public access or statutory responsibility to make
other measures for environmental remediation, monitoring,
security, safety, or emergency preparedness purposes;
(3) the activities of the Department of the Army on lands
not included within the National Monument; or
(4) the responsibility of the Department of the Army, in
consultation with the Secretary (acting through the Bureau of
Land Management), to continue to manage the lands and interests
in lands under the Secretary's jurisdiction within the National
Monument boundaries until the Army transfers administrative
jurisdiction of those lands and interests in lands to the
Bureau of Land Management.
(b) Authority.--The Secretary of the Army and the Secretary may
enter into a memorandum of understanding whereby the Secretary of the
Army--
(1) may relinquish administrative jurisdiction over the
Castner Range, Fort Bliss, Texas, to the Secretary of the
Interior; and
(2) may not relinquish or diminish the responsibility of
the Secretary of the Army of responsibilities referred to in
subsection (a).
SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not less than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Castner Range National Monument Advisory
Council''.
(b) Duties.--The advisory council shall advise the Secretary with
respect to the preparation and implementation of the management plan
for the National Monument.
(c) Applicable Law.--The advisory council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) all other applicable law.
(d) Members.--The advisory council shall include 11 members, to be
appointed by the Secretary, of whom, to the extent practicable--
(1) one member shall be appointed after considering the
recommendations of the El Paso County Commissioners Court;
(2) one member shall be appointed after considering the
recommendations of the head of the Texas Parks and Wildlife
Department;
(3) one member shall be appointed to represent Native
American Tribes;
(4) one member shall be appointed to represent Fort Bliss;
and
(5) seven members shall reside in, or within reasonable
proximity to, the county specified in paragraphs (1) through
(4) with backgrounds that reflect--
(A) the purposes specified in section 3; and
(B) the interest of persons affected by the
planning and management of the National Monument,
including persons representing the agricultural,
private land-ownership, environmental, recreational,
tourism, or other non-Federal land interests.
(e) Representation.--The Secretary shall ensure that the membership
of the advisory council is fairly balanced in terms of the points of
view represented and the functions to be performed by the advisory
council.
(f) Terms.--
(1) Staggered terms.--Members of the advisory council shall
be appointed for terms of 3 years, except that, of the members
first appointed, 5 of the members shall be appointed for a term
of one year and 5 of the members shall be appointed for a term
of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the advisory council upon the expiration of the member's
current term.
(3) Vacancy.--A vacancy on the advisory council shall be
filled in the same manner as the original appointment.
(g) Quorum.--A quorum shall be 7 members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(h) Chairperson and Procedures.--The advisory council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--Members of the advisory council
shall serve without pay.
(j) Termination.--The advisory committee shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is officially adopted by the Secretary; or
(2) on such later date as the Secretary considers
appropriate.
SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.
Section 2844 of the National Defense Authorization Act for Fiscal
Year 2013 is repealed. | Castner Range National Monument Act This bill establishes the Castner Range National Monument in Texas. The Department of the Interior shall continue to provide historical and adequate access to private inholdings within the Monument's exterior boundaries. Interior shall: manage the Monument in a manner to conserve, protect, and enhance its natural resources and values; and develop a comprehensive management plan for the Monument's protection and management. Interior shall also establish a Castner Range National Monument Advisory Council to advise Interior with respect to the preparation and implementation of the management plan. | Castner Range National Monument Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Handgun Transfer
Prohibition Act of 1993''.
SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1)(A)(i) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer--
``(I) during any 30-day period, to transfer 2 or more
handguns to an individual who is not licensed under section
923; or
``(II) to transfer a handgun to an individual who is not
licensed under section 923 and who received a handgun during
the 30-day period ending on the date of the transfer.
``(ii) It shall be unlawful for any individual who is not licensed
under section 923 to receive 2 or more handguns during any 30-day
period.
``(iii) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a handgun to an individual
who is not licensed under section 923, unless, after the most recent
proposal of the transfer by the individual, the transferor has--
``(I) received from the individual a statement of the
individual containing the information described in paragraph
(3);
``(II) verified the identification of the individual by
examining the identification document presented; and
``(III) within 1 day after the individual furnishes the
statement, provided a copy of the statement to the chief law
enforcement officer of the place of residence of the
individual.
``(B) Subparagraph (A) shall not apply to the transfer of a handgun
to, or the receipt of a handgun by, an individual who has presented to
the transferor a written statement, issued by the chief law enforcement
officer of the place of residence of the individual during the 10-day
period ending on the date of the transfer or receipt, which states that
the individual requires access to a handgun because of a threat to the
life of the individual or of any member of the household of the
individual.
``(2) Paragraph (1) shall not be interpreted to require any action
by a chief law enforcement officer which is not otherwise required.
``(3) The statement referred to in paragraph (1)(A)(iii)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the individual containing a photograph of the
individual and a description of the identification used;
``(B) a statement that the individual--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions;
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
and
``(viii) has not received a handgun during the 30-
day period ending on the date of the statement;
``(C) the date the statement is made; and
``(D) notice that the individual intends to obtain a
handgun from the transferor.
``(4) Any transferor of a handgun who, after the transfer, receives
a report from a chief law enforcement officer containing information
that receipt or possession of the handgun by the transferee violates
Federal, State, or local law shall immediately communicate all
information the transferor has about the transfer and the transferee
to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, with respect to an individual in a report
under this subsection shall not disclose such information except to the
individual, to law enforcement authorities, or pursuant to the
direction of a court of law.
``(6) In the case of a handgun transfer to which paragraph (1)(A)
applies--
``(A) the transferor shall retain--
``(i) the copy of the statement of the transferee
with respect to the transfer; and
``(ii) evidence that the transferor has complied
with paragraph (1)(A)(iii)(III) with respect to the
statement; and
``(B) the chief law enforcement officer to whom a copy of a
statement is sent pursuant to paragraph (1)(A)(iii)(III) shall
retain the copy for at least 30 calendar days after the date
the statement was made.
``(7) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer, or the designee of any such individual.
``(8) This subsection shall not apply to the sale of a firearm in
the circumstances described in subsection (c).
``(9) The Secretary shall take necessary actions to assure that the
provisions of this subsection are published and disseminated to dealers
and to the public.''.
(b) Handgun Defined.--Section 921(a) of such title is amended by
adding at the end the following:
``(29) The term `handgun' means--
``(A) a firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(c) Penalty.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Whoever knowingly violates section 922(s) shall be fined not
more than $1,000, imprisoned for not more than one year, or both.''.
(d) Effective Date.--The amendments made by this Act shall apply to
conduct engaged in 90 or more days after the date of the enactment of
this Act. | Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period.
Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding that the individual requires access to a handgun because of a threat to his or her life or household.
Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act. | Multiple Handgun Transfer Prohibition Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Today's Entrepreneurs are Advancing
Mentorship Act of 2012'' or the ``TEAM Act of 2012''.
SEC. 2. OFFICE OF ENTREPRENEURIAL SUPPORT.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 (15 U.S.C. 631 note) as
section 46; and
(2) by inserting after section 44 (15 U.S.C. 657q) the
following:
``SEC. 45. ENTREPRENEURIAL SUPPORT.
``(a) Office of Entrepreneurial Support.--
``(1) In general.--There is in the Administration an Office
of Entrepreneurial Support, which shall develop and provide
innovative entrepreneurial information, education, and
resources, to promote prospective entrepreneurs and successful
small business concerns.
``(2) Director.--The head of the Office of Entrepreneurial
Support is the Director of the Office of Entrepreneurial
Support, who shall report to the Associate Administrator for
Entrepreneurial Development.
``(3) Duties.--The Director of the Office of
Entrepreneurial Support shall--
``(A) manage the online courses, online
publications, and other online resources provided by
the Administration to entrepreneurs and small business
concerns;
``(B) manage the youth entrepreneurship programs of
the Administration, including--
``(i) online resources for youth
entrepreneurs; and
``(ii) coordination and outreach with
entrepreneurial development service providers
that provide counseling and training to youth
entrepreneurs desiring to start or expand small
business concerns;
``(C) coordinate with nonprofit and other private
sector partners to share educational materials on money
management and financial literacy for entrepreneurs and
small business concerns; and
``(D) provide assistance and courtesy services to
individuals and foreign dignitaries visiting the United
States who are interested in issues relating to
entrepreneurs and small business concerns.
``(b) Entrepreneurial Support Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of the TEAM Act of 2012, the Associate Administrator
for Entrepreneurial Development (referred to in this subsection
as the `Associate Administrator') shall establish a program
under which the Associate Administrator may make grants to
nonprofit organizations, including small business development
centers, women's business centers, chapters of the Service
Corps of Retired Executives, and other resource partners of the
Administration, local government entities, and appropriate
private sector organizations or entities to provide technical
assistance for the development and implementation of curricula
and mentoring programs designed to promote entrepreneurship.
``(2) Application.--An entity desiring a grant under this
subsection shall submit to the Associate Administrator an
application that contains--
``(A) a description of the goals of the project to
be funded using the grant;
``(B) a list of any partners that plan to
participate in the project to be funded using the
grant; and
``(C) any other information that the Associate
Administrator determines is necessary.
``(3) Report.--Not later than 1 year after the date on
which an entity receives a grant under this subsection, the
entity shall submit to the Associate Administrator a report
that describes--
``(A) the individuals assisted using the grant;
``(B) the number of jobs created or saved through
the use of the grant; and
``(C) any other information concerning the use of
the grant that the Associate Administrator may require.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $1,000,000 for fiscal year 2013;
``(B) $2,000,000 for fiscal year 2014; and
``(C) $3,000,000 for fiscal year 2015.''.
(b) Report on Best Practices of Entrepreneurial Support and
Training Programs.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Director of the Office of
Entrepreneurial Support shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report that
describes best practices of entrepreneurial education and
training programs throughout the United States.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of any programs that the Director
of the Office of Entrepreneurial Support determines are
exemplary, including national programs, regional
programs, State programs, and local programs; and
(B) a summary of entrepreneurial education and
training programs carried out by--
(i) the Federal Government;
(ii) State and local governments; and
(iii) nonprofit organizations and private
sector groups.
SEC. 3. EMERGING LEADERS PROGRAM.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended by
inserting after subsection (n) the following:
``(o) Emerging Leaders Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible small business concern'
means a small business concern that--
``(i) has been in business for at least 2
years;
``(ii) has at least 1 employee;
``(iii) demonstrates growth potential,
including the ability to create jobs; and
``(iv) has an owner or operator that
participates in the day-to-day executive-level
management of the small business concern; and
``(B) the term `Emerging Leaders Program' means the
Emerging Leaders Program established under paragraph
(2)(A).
``(2) In general.--
``(A) Program authorized.--Not later than 1 year
after the date of enactment of the TEAM Act of 2012,
the Administrator shall establish an Emerging Leaders
Program to provide specialized training and executive-
level mentoring to eligible small business concerns.
``(B) Mission.--The Emerging Leaders Program shall
provide educational and technical assistance to
eligible small business concerns focusing on the next
level of growth, leadership, and operational
strategies, including the development of a strategic
plan.
``(C) Authority to contract.--In order to carry out
the Emerging Leaders Program, the Administrator may
enter into contracts or cooperative agreements with, or
make grants to, a national service provider.
``(3) Community partners.--To encourage community support
and engagement, the Administrator may enter into memoranda of
understanding with for-profit, nonprofit and government
entities to jointly support and deliver localized training and
provide executive-level mentoring under the Emerging Leaders
Program. A memorandum of understanding entered into with an
entity under this paragraph shall not be construed to
constitute or imply an endorsement by the Administration of any
product or service of the entity.
``(4) Recruitment.--The Administrator shall place special
emphasis on recruiting eligible small business concerns in
emerging, underserved, rural, and urban markets.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administration to carry out the
Emerging Leaders Program $2,000,000 for each of fiscal years
2013 through 2015.''.
SEC. 4. PERFORMANCE MEASURES AND REPORTING.
(a) In General.--To demonstrate program impact, the Administrator
shall develop performance measures for the Emerging Leaders Program
established under section 8(o) of the Small Business Act, as added by
this Act, and the Entrepreneurial Support Program established under
section 45(b) of the Small Business Act, as added by this Act.
(b) Public Availability.--The Administrator shall collect and post
information relating to the Emerging Leaders Program and the
Entrepreneurial Support Program on the website of the Administration,
including--
(1) the number of small business concerns participating in
the Emerging Leaders Program and the number of grant applicants
and grant recipients under the Entrepreneurial Support Program;
(2) the race, ethnicity, and gender of individuals
participating in the Entrepreneurial Support Program, and the
location of their business headquarters and regions of
operation;
(3) demographic and statistical information relating to
small business concerns and individuals that participated in
the Emerging Leaders Program or the Entrepreneurial Support
Program, during the 5-year period following their participation
in the program;
(4) the annual revenues of each participating small
business concern;
(5) the annual number of jobs created or retained by each
participating small business concern;
(6) the amount of new financing obtained by each
participating small business concern;
(7) the amount of new contracts obtained by each
participating small business concern; and
(8) the amount of Federal tax paid by each participating
small business concern.
(c) GAO Report.--Not later than 2 years after the date on which the
Administrator establishes the Emerging Leaders Program, the Comptroller
General of the United States shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report that contains a
comprehensive analysis of the economic impact of the Emerging Leaders
Program and the Entrepreneurial Support Program, including the
information required to be collected and posted under subsection (b). | Today's Entrepreneurs are Advancing Mentorship Act of 2012 or TEAM Act of 2012 - Amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Entrepreneurial Support, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote both prospective entrepreneurs and successful small businesses.
Requires: (1) the SBA's Associate Administrator for Entrepreneurial Development to establish a program of technical assistance grants for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship, and (2) the Director to report to the congressional small business committees on best practices of U.S. entrepreneurial education and training programs.
Directs the SBA Administrator to establish an Emerging Leaders Program of specialized training and executive-level mentoring to certain small businesses, with an emphasis on small businesses in emerging, underserved, rural, and urban markets.
Requires: (1) the Administrator to develop performance measures for the Emerging Leaders and Entrepreneurial Support Programs, and (2) the Comptroller General to submit to the small business committees a comprehensive analysis of the economic impact of such Programs. | A bill to establish an Office of Entrepreneurial Support within the Small Business Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware and Lehigh National
Heritage Corridor Act Amendments of 1997''.
SEC. 2. NAME CHANGE.
The Delaware and Lehigh Navigation Canal National Heritage Corridor
Act of 1988 (Public Law 200-692; 102 Stat. 4552) is amended by striking
``Delaware and Lehigh Navigation Canal National Heritage Corridor''
each place it appears (except section 4(a)) and inserting ``Delaware
and Lehigh National Heritage Corridor''.
SEC. 3. PURPOSE.
Section 3(b) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4552) is amended--
(1) by inserting after ``subdivisions'' the following: ``in
enhancing economic development within the context of
preservation and''; and
(2) by striking ``and surrounding the Delaware and Lehigh
Navigation Canal in the Commonwealth'' and inserting ``the
Corridor''.
SEC. 4. CORRIDOR COMMISSION.
(a) Membership.--Section 5(b) of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is
amended--
(1) in the matter preceding paragraph (1), by striking
``appointed not later than 6 months after the date of enactment
of this Act'';
(2) by striking paragraph (2) and inserting the following:
``(2) 3 individuals, of whom--
``(A) 1 shall be the Director of the Pennsylvania
Department of Conservation and Natural Resources;
``(B) 1 shall be the Director of the Pennsylvania
Department of Community and Economic Development; and
``(C) 1 shall be the Chairperson of the
Pennsylvania Historical and Museum Commission.'';
(3) in paragraph (3), by striking ``recommendations from
the Governor, of whom'' and all that follows through ``Delaware
Canal region'' and inserting the following: ``nominations from
the Governor, of whom--
``(A) 1 shall represent a city, 1 shall represent a
borough and 1 shall represent a township; and
``(B) 1 shall represent each of the 5 counties of
Luzerne, Carbon, Lehigh, Northampton, and Bucks in
Pennsylvania''; and
(4) in paragraph (4)--
(A) by striking ``8 individuals'' and inserting ``9
individuals''; and
(B) by striking ``recommendations from the
Governor, who shall have'' and all that follows through
``Canal region. A vacancy'' and inserting the
following: ``nominations from the Governor, of whom--
``(A) 3 shall represent the northern region of the
Corridor;
``(B) 3 shall represent the middle region of the
Corridor; and
``(C) 3 shall represent the southern region of the
Corridor.
A vacancy''.
(b) Terms.--Section 5 of the Delaware and Lehigh National Heritage
Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is amended by
striking subsection (c) and inserting the following:
``(c) Terms.--The following provisions shall apply to a member of
the Commission appointed under paragraph (3) or (4) of subsection (b):
``(1) Length of term.--The member shall serve for a term of
3 years.
``(2) Carryover.--The member shall serve until a successor
is appointed by the Secretary.
``(3) Replacement.--If the member resigns or is unable to
serve due to incapacity or death, the Secretary shall appoint,
not later than 60 days after receiving a nomination of the
appointment from the Governor, a new member to serve for the
remainder of the term.
``(4) Term limits.--A member may serve for not more than 2
full terms starting after the date of enactment of this
paragraph.''
(c) Confirmation.--Section 5 of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4553) is
amended by adding at the end the following:
``(h) Confirmation.--The Secretary shall accept or reject an
appointment under paragraph (3) or (4) of subsection (b) not later than
60 days after receiving a nomination of the appointment from the
Governor.''.
SEC. 5. POWERS OF THE COMMISSION.
(a) Conveyance of Real Estate.--Section 7(g)(3) of the Delaware and
Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4555) is amended in the first sentence by inserting ``or
nonprofit organization'' after ``appropriate public agency''.
(b) Cooperative Agreements.--Section 7(h) of the Delaware and
Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4555) is amended--
(1) in the first sentence, by inserting ``any non-profit
organization,'' after ``subdivision of the Commonwealth,''; and
(2) in the second sentence, by inserting ``such nonprofit
organization,'' after ``such political subdivision,''.
(e) Grants and Loans.--Section 7 of the Delaware and Lehigh
National Heritage Corridor Act of 1988 (Public Law 100-692; 102
Stat. 4554) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following;
``(i) Grants and Loans.--The Commission may administer any grant or
loan from amounts--
``(1) appropriated to the Commission for the purpose of
providing a grant or loan; or
``(2) donated or otherwise made available to the Commission
for the purpose of providing a grant or loan.''.
SEC. 6. DUTIES OF THE COMMISSION.
Section 8(b) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended in the
matter preceding paragraph (1) by inserting ``, cultural, natural,
recreational, and secenic'' after ``interpret the historic''.
SEC. 7. TERMINATION OF THE COMMISSION.
Section 9(a) of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4556) is amended by striking
``5 years after the date of enactment of this Act'' and inserting ``10
years after the date of enactment of the Delaware and Lehigh National
Heritage Corridor Act Amendments of 1997''.
SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.
Section 11 of the Delaware and Lehigh National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4557) is amended in the
matter preceding paragraph (1) by striking ``the flow of the Canal or
the natural'' and inserting ``the historic, cultural, natural,
recreational, or scenic''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--Section 12(a) of the Delaware and Lehigh National
Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is
amended by striking ``$350,000'' and inserting ``$650.000''.
(b) Management Action Plan.--Section 12 of the Delaware and Lehigh
National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat.
4558) is amended by adding at the end the following:
``(c) Management Action Plan.--
``(1) In general.--To implement the management action plan
created by the Commission, there is authorized to be
appropriated $1,000,000 for each of fiscal years 1998 through
2007.
``(2) Limitation on expenditures.--Amounts made available
under paragraph (1) shall not exceed 50 percent of the costs of
implementing the management action plan.''
SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.
The Delaware and Lehigh National Heritage Corridor Act of 1988
(Public Law 100-692; 102 Stat. 4552) is amended--
(1) by redesignating section 13 or section 14; and
(2) by inserting after section 12 the following:
``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.
``The Commission shall not interfere with--
``(1) the private property rights of any person; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Pennsylvania or any political subdivision of
Pennsylvania.''. | Delaware and Lehigh National Heritage Corridor Act Amendments of 1997 - Amends the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (the Act) to change the name of the Delaware and Lehigh Navigation Canal National Heritage Corridor to the Delaware and Lehigh National Heritage Corridor.
Includes among the Act's purposes enhancing economic development within the context of preservation.
Modifies provisions regarding: (1) membership of, terms of office for, and confirmation of appointment to the Delaware and Lehigh National Corridor Commission; and (2) powers of the Commission to authorize the conveyance of real property acquired by the Commission to an appropriate nonprofit organization, to authorize the Commission to enter into cooperative agreements with a nonprofit organization, and to require any cooperative agreement to establish procedures for providing notice to the Commission of any action proposed by a nonprofit organization which may affect implementation of the Cultural Heritage and Corridor Management Plan.
Authorizes the Commission to administer any grant or loan from amounts appropriated, donated, or otherwise made available to the Commission for the purpose of providing a grant or loan.
Directs the Commission to implement the Plan by taking appropriate steps to preserve and interpret the cultural, natural, recreational, and scenic (currently, limited to historic) resources of the Canal and its surrounding area.
Terminates the Commission ten years after the date of this Act's enactment.
Requires specified actions by any Federal entity conducting or supporting activities directly affecting the historic, cultural, natural, recreational, or scenic resources of the Corridor (currently, the flow of the Canal or the natural resources of the Corridor).
Reauthorizes and increases appropriations under the Act. Authorizes specified funds to implement the management action plan created by the Commission.
Prohibits the Commission from interfering with private property rights or any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision. | Delaware and Lehigh National Heritage Corridor Act Amendments of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tom Lantos Pulmonary Hypertension
Research and Education Act of 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
Sec. 101. Expansion and intensification of activities.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
Sec. 201. Promoting public awareness.
Sec. 202. Promoting awareness among health care professionals.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the Secretary of Health and Human Services (in this Act
referred to as the ``Secretary''), acting through the Director
of the National Institutes of Health and the Director of the
National Heart, Lung, and Blood Institute (in this title
referred to as the ``Institute''), should continue aggressive
work on pulmonary hypertension;
(2) as part of such work, the Director of the Institute
should continue research to expand the understanding of the
causes of, and to find a cure for, pulmonary hypertension; and
(3) activities under paragraph (1) may include conducting
and supporting--
(A) basic research concerning the etiology and
causes of pulmonary hypertension;
(B) basic research on the relationship between
scleroderma, sickle cell anemia (and other conditions
identified by the Director of the Institute that can
lead to a secondary diagnosis of pulmonary
hypertension), and pulmonary hypertension;
(C) clinical research for the development and
evaluation of new treatments for pulmonary
hypertension, including the establishment of a
``Pulmonary Hypertension Clinical Research Network'';
(D) support for the training of new clinicians and
investigators with expertise in the pulmonary
hypertension; and
(E) information and education programs for the
general public.
(b) Biennial Reports.--As part of the biennial report made under
section 403 of the Public Health Service Act (42 U.S.C. 283), the
Secretary shall include information on the status of pulmonary
hypertension research at the National Institutes of Health.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
SEC. 201. PROMOTING PUBLIC AWARENESS.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall carry out an
educational campaign to increase public awareness of pulmonary
hypertension. Print, video, and Web-based materials distributed under
this program may include--
(1) basic information on pulmonary hypertension and its
symptoms; and
(2) information on--
(A) the incidence and prevalence of pulmonary
hypertension;
(B) diseases and conditions that can lead to
pulmonary hypertension as a secondary diagnosis;
(C) the importance of early diagnosis; and
(D) the availability, as medically appropriate, of
a range of treatment options and pulmonary
hypertension.
(b) Dissemination of Information.--The Secretary is encouraged to
disseminate information under subsection (a) through a cooperative
agreement with a national nonprofit entity with expertise in pulmonary
hypertension.
(c) Report to Congress.--Not later than September 30, 2009, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations of the
House of Representatives and the Senate on the status of activities
under this section.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,500,000 for
each of fiscal years 2009, 2010, and 2011.
SEC. 202. PROMOTING AWARENESS AMONG HEALTH CARE PROFESSIONALS.
(a) In General.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration and the Director of
the Centers for Disease Control and Prevention, shall carry out an
educational campaign to increase awareness of pulmonary hypertension
among health care providers. Print, video, and Web-based materials
distributed under this program may include information on--
(1) the symptoms of pulmonary hypertension;
(2) the importance of early diagnosis;
(3) current diagnostic criteria; and
(4) Food and Drug Administration-approved therapies for the
disease.
(b) Targeted Health Care Providers.--Health care providers targeted
through the campaign under subsection (a) shall include, but not be
limited to, cardiologists, pulmonologists, rheumatologists, primary
care physicians, pediatricians, and nurse practitioners
(c) Dissemination of Information.--The Secretary is encouraged to
disseminate information under subsection (a) through a cooperative
agreement with a national nonprofit entity with expertise in pulmonary
hypertension.
(d) Report to Congress.--Not later than September 30, 2009, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations of the
House of Representatives and the Senate on the status of activities
under this section.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,500,000 for
each of fiscal years 2009, 2010, and 2011.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Tom Lantos Pulmonary Hypertension Research and Education Act of 2008 - Title I: Research on Pulmonary Hypertension - (Sec. 101) Expresses the sense of the Congress that: (1) the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Heart, Lung, and Blood Institute, should continue aggressive work on pulmonary hypertension; and (2) the Director of the Institute should continue research to expand the understanding of the causes of, and to find a cure for, pulmonary hypertension.
Requires inclusion of information on the status of pulmonary hypertension research at NIH in biennial reports to Congress.
Title II: Increasing Awareness of Pulmonary Hypertension - (Sec. 201) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out an educational campaign to increase public awareness of pulmonary hypertension, which may include information on: (1) pulmonary hypertension and its symptoms; (2) the incidence and prevalence of pulmonary hypertension; (3) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (4) the importance of early diagnosis; and (5) the availability of a range of treatment options.
(Sec. 202) Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to carry out an educational campaign to increase awareness of pulmonary hypertension among health care providers, which may include information on: (1) the symptoms of pulmonary hypertension; (2) the importance of early diagnosis; (3) current diagnostic criteria; and (4) Food and Drug Administration-approved therapies for the disease. Requires such campaign to target health care providers, including cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners.
Sets forth reporting requirements.
Authorizes appropriations for FY2009-FY2011. | To direct the Secretary of Health and Human Services to encourage research and carry out an educational campaign with respect to pulmonary hypertension, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Consumer Financial
Protection Advisory Boards Act''.
SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER
FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 is
amended by inserting after section 1014 (12 U.S.C. 5494) the following
new section:
``SEC. 1014A. ADVISORY BOARDS.
``(a) Small Business Advisory Board.--
``(1) Establishment.--The Director shall establish a Small
Business Advisory Board--
``(A) to advise and consult with the Bureau in the
exercise of the Bureau's functions under the Federal
consumer financial laws applicable to eligible
financial products or services; and
``(B) to provide information on emerging practices
of small business concerns that provide eligible
financial products or services, including regional
trends, concerns, and other relevant information.
``(2) Membership.--
``(A) Number.--The Director shall appoint no fewer
than 15 and no more than 20 members to the Small
Business Advisory Board.
``(B) Qualification.--Members appointed pursuant to
subparagraph (A) shall be representatives of small
business concerns that--
``(i) provide eligible financial products
or services;
``(ii) are service providers to covered
persons; and
``(iii) use consumer financial products or
services in financing the business activities
of such concern.
``(C) Additional considerations.--In appointing
members pursuant to subparagraph (A), the Director
shall include members representing minority-, women-,
and veteran-owned small business concerns and their
interests, without regard to party affiliation.
``(3) Meetings.--The Small Business Advisory Board--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(b) Credit Union Advisory Council.--
``(1) Establishment.--The Director shall establish a Credit
Union Advisory Council to advise and consult with the Bureau on
consumer financial products or services that impact credit
unions.
``(2) Membership.--The Director shall appoint no fewer than
15 and no more than 20 members to the Credit Union Advisory
Council. In appointing such members, the Director shall include
members representing credit unions predominantly serving
traditionally underserved communities and populations and their
interests, without regard to party affiliation.
``(3) Meetings.--The Credit Union Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(c) Community Bank Advisory Council.--
``(1) Establishment.--The Director shall establish a
Community Bank Advisory Council to advise and consult with the
Bureau on consumer financial products or services that impact
community banks.
``(2) Membership.--The Director shall appoint no fewer than
15 and no more than 20 members to the Community Bank Advisory
Council. In appointing such members, the Director shall include
members representing community banks predominantly serving
traditionally underserved communities and populations and their
interests, without regard to party affiliation.
``(3) Meetings.--The Community Bank Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(d) Compensation and Travel Expenses.--Members of the Small
Business Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council who are not full-time employees of the
United States shall--
``(1) be entitled to receive compensation at a rate fixed
by the Director while attending meetings of the Small Business
Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council, including travel time; and
``(2) be allowed travel expenses, including transportation
and subsistence, while away from their homes or regular places
of business.
``(e) Definitions.--In this section--
``(1) the term `eligible financial product or service'
means a financial product or service that is offered or
provided for use by consumers primarily for personal, family,
or household purposes as described in clause (i), (iii), (v),
(vi), or (ix) of section 1002(15)(A); and
``(2) the term `small business concern' has the meaning
given such term in section 3 of the Small Business Act (15
U.S.C. 632).''.
(b) Table of Contents Amendment.--The table of contents in section
1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5301 et seq.) is amended by inserting after the item relating to
section 1014 the following new item:
``Sec. 1014A. Advisory Boards.''.
SEC. 3. BUREAU FUNDING AUTHORITY.
The Director of the Bureau of Consumer Financial Protection, under
section 1017 of the Consumer Financial Protection Act of 2010, may not
request--
(1) during fiscal year 2020, an amount that would result in
the total amount requested by the Director during that fiscal
year to exceed $655,000,000; and
(2) during fiscal year 2025, an amount that would result in
the total amount requested by the Director during that fiscal
year to exceed $720,000,000.
Passed the House of Representatives April 22, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Consumer Financial Protection Advisory Boards Act (Sec. 2) Amends the Consumer Financial Protection Act of 2010 to direct the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Small Business Advisory Board to: (1) advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding eligible financial products or services, and (2) provide information on evolving small business practices. Requires Board members to be representatives of small business concerns that: provide financial products or services for use by consumers primarily for personal, family, or household purposes, are service providers to covered persons; and use consumer financial products or services in financing the business activities of such small businesses. Requires the Director, in making such Board appointments, to include members representing minority-, women-, and veteran-owned small business concerns and their interests, without regard to party affiliation. Requires the Director to establish a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively. Directs the Director, in making appointments to the Councils, to include members representing credit unions and community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation. (Sec. 3) Prohibits the Director from requesting funds: (1) during FY 2020 in an amount that would exceed $655 million, and (2) during FY 2025 in an amount that would exceed $720 million. | Bureau of Consumer Financial Protection Advisory Boards Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Routes to Teacher
Certification and Licensure Act of 2001''.
SEC. 2. PROGRAM REAUTHORIZED.
The Higher Education Act of 1965 is amended by inserting after
title VII (20 U.S.C. 1133 et seq.) the following new title:
``TITLE VIII--ALTERNATIVE ROUTES TO TEACHER CERTIFICATION AND LICENSURE
``SEC. 801. FINDINGS.
``The Congress finds that--
``(1) effective elementary and secondary schools require
competent teachers and strong leadership;
``(2) school systems would benefit greatly by increasing
the pool of qualified individuals from which to recruit
teachers;
``(3) many talented professionals who have demonstrated a
high level of subject area competence outside the education
profession may wish to pursue careers in education, but have
not fulfilled the requirements to be certified or licensed as
teachers;
``(4) alternative routes can enable qualified individuals
to fulfill State certification or licensure requirements and
would allow school systems to utilize the expertise of such
professionals and improve the pool of qualified individuals
available to local educational agencies as teachers; and
``(5) alternative routes to certification or licensure
requirements that do not exclude qualified individuals from
teaching solely because such individuals do not meet
traditional certification or licensure requirements would allow
school systems to take advantage of these professionals and
improve the supply of well-qualified teachers.
``SEC. 802. PURPOSE.
``It is the purpose of this title to improve the supply of well-
qualified elementary and secondary school teachers by encouraging and
assisting States to develop and implement programs for alternative
routes to teacher certification or licensure requirements. Such
programs shall place special emphasis on the participation of
individuals who are members of minority groups.
``SEC. 803. ALLOTMENTS.
``(a) Allotments to States.--
``(1) In general.--From the amount appropriated to carry
out this title, the Secretary shall allot to each State the
lesser of either the amount the State applies for under section
556 or an amount that is proportional to the State's share of
the total population of children ages 5 through 17 in all the
States (based on the most recent data available that is
satisfactory to the Secretary).
``(2) Reallocation.--If a State does not apply for its
allotment, or the full amount of its allotment, under the
preceding paragraph, the Secretary may reallocate the excess
funds to one or more other States that demonstrate, to the
satisfaction of the Secretary, a current need for the funds.
``(b) Special Rule.--Notwithstanding section 412(b) of the General
Education Provisions Act, funds awarded under this title shall remain
available for obligation by a recipient for a period of 2 calendar
years from the date of the grant.
``SEC. 804. STATE APPLICATIONS.
``(a) In General.--Any State desiring to receive a grant under this
title shall, through the State educational agency, submit an
application at such time, in such manner, and containing such
information, as the Secretary may reasonably require.
``(b) Requirements.--Each application shall--
``(1) describe the programs, projects, and activities to be
undertaken; and
``(2) contain such assurances as the Secretary considers
necessary, including assurances that--
``(A) assistance provided to the State educational
agency under this title will be used to supplement, and
not to supplant, any State or local funds available for
the development and implementation of programs to
provide alternative routes to fulfilling teacher
certification or licensure requirements;
``(B) the State educational agency has, in
developing and designing the application, consulted
with--
``(i) representatives of local educational
agencies, including superintendents and school
board members (including representatives of
their professional organizations where
applicable);
``(ii) elementary and secondary school
teachers, including representatives of their
professional organizations;
``(iii) institutions of higher education
with schools or departments of education;
``(iv) parents; and
``(v) other interested organizations and
individuals; and
``(C) the State educational agency will submit to
the Secretary, at such time as the Secretary may
specify, a final report describing the activities
carried out with assistance provided under this title
and the results achieved.
``(c) GEPA Provisions Inapplicable.--Sections 435 and 436 of the
General Education Provisions Act, except to the extent that such
sections relate to fiscal control and fund accounting procedures, shall
not apply to this title.
``SEC. 805. USE OF FUNDS.
``(a) Use of Funds.--
``(1) In general.--A State educational agency shall use
assistance provided under this title to support programs,
projects, or activities that develop and implement new, or
expand and improve existing, programs that enable individuals
to move to a career in education from another occupation
through an alternative route to teacher certification or
licensure.
``(2) Types of assistance.--A State educational agency may
carry out such programs, projects, or activities directly,
through contracts, or through grants to local educational
agencies, intermediate educational agencies, institutions of
higher education, or consortia of such agencies.
``(b) Uses.--Funds received under this title may be used for--
``(1) the design, development, implementation, and
evaluation of programs that enable qualified professionals who
have demonstrated a high level of subject area competence
outside the education profession and are interested in entering
the education profession to fulfill State certification or
licensure requirements;
``(2) the establishment of administrative structures
necessary for the development and implementation of programs to
provide alternative routes to fulfilling State requirements for
certification or licensure;
``(3) training of staff, including the development of
appropriate support programs, such as mentor programs, for
teachers entering the school system through alternative routes
to teacher certification or licensure;
``(4) the development of recruitment strategies;
``(5) the development of reciprocity agreements between or
among States for the certification or licensure of teachers;
and
``(6) other appropriate programs, projects, and activities
designed to meet the objectives of this title.
``SEC. 806. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$15,000,000 for fiscal year 2002 and each of the 3 succeeding fiscal
years.''. | Alternative Routes to Teacher Certification and Licensure Act of 2001 - Amends the Higher Education Act of 1965 to establish, as a new title VIII, the Alternate Routes to Teacher Certification and Licensure program. Directs the Secretary of Education to allot grants to States to develop and implement programs for alternative routes to teacher certification or licensure requirements in order to increase the supply of well-qualified elementary school and secondary school teachers, with special emphasis on participation of minority group members. | To amend the Higher Education Act of 1965 to reauthorize the Alternate Routes to Teacher Certification and Licensure program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2016''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.) is amended by adding at the end the following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``(a) Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State that is within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or any successor regulation).
``(b) Development; Initial Consultation.--A licensee shall develop
a proposed PSDAR for a covered facility after consultation with--
``(1) each affected State; and
``(2) each unit of local government and tribal government
in the affected State that is located within 50 miles of the
covered facility.
``(c) Submission to Commission; Additional Consultation.--
``(1) In general.--After additional consultation with the
entities described in subsection (b) with respect to the
proposed PSDAR developed under that subsection, the licensee
shall--
``(A) submit to the Commission the proposed PSDAR;
and
``(B) on submission of the proposed PSDAR under
subparagraph (A), make the proposed PSDAR readily
available to the public.
``(2) Public availability.--On receipt of the proposed
PSDAR under paragraph (1), the Commission shall make the
proposed PSDAR readily available to the public, on the
condition that the Commission may redact any information
necessary to protect the national security.
``(d) Public Participation.--During a period of at least 90 days
beginning on the date on which the licensee submits the proposed PSDAR
to the Commission under subsection (c), the Commission shall solicit
public participation on the proposed PSDAR in the host State, including
through--
``(1) the solicitation of written comments from the public;
and
``(2) the conduct of at least 2 public hearings within the
host State.
``(e) Support or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed PSDAR for a covered facility, the Commission
shall notify the host State of the opportunity to file with the
Commission, by the date that is 60 days after the date on which
the host State receives the invitation under this paragraph--
``(A) a statement of support for the proposed
PSDAR;
``(B) a statement of conditional support for the
proposed PSDAR, with specific recommendations for
changes that could lead the host State to support the
proposed PSDAR; or
``(C) a statement of nonsupport for the proposed
PSDAR.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files a
statement of support under paragraph (1)(A), a
statement of nonsupport under paragraph (1)(C), or
fails to file a statement with the Commission by the
deadline specified in paragraph (1), the Commission
shall issue a determination on whether the proposed
PSDAR is adequate or inadequate--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into account--
``(I) any written comments
submitted by the host State, other
States, and local communities with
respect to the proposed PSDAR; and
``(II) any input from the public
under subsection (d).
``(B) Considerations.--The Commission shall
consider a proposed PSDAR to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR provides for the
overall protection of human health and the
environment;
``(ii) the licensee has a substantial
likelihood of implementing the proposed PSDAR
within the timeframe described in the proposed
PSDAR;
``(iii) the proposed PSDAR is in accordance
with applicable law (including regulations);
and
``(iv) the licensee has demonstrated that
the licensee has, or will have, the funds
required to fully implement the proposed PSDAR
within the timeframe described in the proposed
PSDAR.
``(C) Determination of adequacy.--If the Commission
determines that the proposed PSDAR is adequate under
subparagraphs (A) and (B), the Commission shall issue a
decision document approving the PSDAR.
``(D) Determination of inadequacy.--If the
Commission determines that the proposed PSDAR is
inadequate under subparagraphs (A) and (B)--
``(i) the Commission shall issue a decision
rejecting the proposed PSDAR, including the
reasons for the decision; and
``(ii) not later than 2 years after the
date on which operations at the plant cease,
the licensee shall develop and submit to the
Commission a new proposed PSDAR in accordance
with this section.
``(3) Conditional support by host state.--
``(A) In general.--The Commission shall determine
whether the proposed PSDAR is permissible under
applicable law (including regulations) if the host
State files a statement of conditional support for the
proposed PSDAR with the Commission in accordance with
paragraph (1)(B).
``(B) Changes.--For each change recommended by the
host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final PSDAR, unless the
Commission determines the change to be
inappropriate for inclusion, based on clear and
convincing evidence provided by the licensee
that--
``(I) the change violates
applicable law; or
``(II) the costs of the change
substantially outweigh the safety,
economic, or environmental benefits of
the change to the host State; and
``(ii) provide the rationale for a
determination of inappropriateness under clause
(i).
``(C) Decision document.--
``(i) In general.--Based on the
determinations made under subparagraphs (A) and
(B), the Commission shall issue a decision
document that--
``(I) accepts the proposed PSDAR
with any changes recommended by the
host State that are not determined to
be inappropriate under subparagraph
(B); or
``(II) rejects the proposed PSDAR.
``(ii) Applicable law.--A decision document
issued under clause (i) shall be considered to
be a final order entered in a proceeding under
section 189(a).
``(D) Acceptance.--If the Commission approves the
proposed PSDAR under subparagraph (C)(i)(I)--
``(i) the PSDAR is final; and
``(ii) the licensee may begin
implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects the
proposed PSDAR under subparagraph (C)(i)(II), not later
than 2 years after the date on which operations at the
plant cease, the licensee shall develop and submit to
the Commission a new proposed PSDAR in accordance with
this section.
``(f) Additional Requirement.--Notwithstanding any other provision
of this section, a Commission shall not approve a PSDAR under this
section unless the proposed PSDAR includes a requirement that the
licensee comply with applicable State law relating to air, water, or
soil quality or radiological standards with respect to the
implementation of the proposed PSDAR if the applicable State law is
more restrictive than the applicable Federal law.
``(g) Application to Existing Decommissioning Activities.--
``(1) In general.--The Commission shall notify--
``(A) each licensee of the opportunity to develop a
revised PSDAR for any facility of the licensee for
which a PSDAR has been submitted but, as of the date of
enactment of the Nuclear Plant Decommissioning Act of
2016--
``(i) decontamination and dismantlement
activities have not commenced; or
``(ii) decontamination and dismantlement
activities have been commenced for less than 1
year; and
``(B) each State that is within 50 miles of the
facility described in subparagraph (A) of the
opportunity to consult with the licensee described in
subparagraph (A) in accordance with subsection (b).
``(2) Process.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), if a licensee described in paragraph (1)
elects to develop a revised PSDAR, the process for
consideration and approval of the revised PSDAR under
paragraph (1) shall be carried out in accordance with--
``(i) the process for the consideration and
approval of a proposed PSDAR for covered
facilities described in subsections (b) through
(d) and subsection (f); and
``(ii) the process for support or
nonsupport by the host State as described in
subsection (e).
``(B) Nonselection.--If a licensee described in
paragraph (1) elects not to revise the original PSDAR,
the entities described in subsection (b) may file a
statement of support or nonsupport for the original
PSDAR in accordance with the process for support or
nonsupport by the host State described in subsection
(e).
``(3) Decision document.--A decision document for a revised
PSDAR submitted under this subsection, or for the original
PSDAR if the licensee elects not to revise the original PSDAR,
shall be carried out in accordance with subsection (e)(3)(C),
except that the deadline for the Commission to issue a decision
document shall be by not later than 1 year after the
decontamination and dismantlement activities have commenced.
``(4) Revision after determination of inadequacy.--If the
Commission rejects the revised PSDAR in accordance with the
process for rejection under subsection (e)(3)(E), the licensee
shall develop and submit to the Commission a new revised PSDAR
in accordance with this subsection by not later than 2 years
after the date on which the Commission rejects the revised
PSDAR.''. | Nuclear Plant Decommissioning Act of 2016 This bill amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the shutdown of a nuclear facility. In the state where the nuclear facility is located, the NRC is required to: (1) solicit public comments on a proposed PSDAR; (2) conduct at least two public hearings; and (3) invite the state to file a statement of support, nonsupport, or conditional support for the proposed PSDAR with specific recommendations that could lead to support. The bill prescribes the criteria for determining whether a proposed PSDAR is permissible if a host state files a statement of conditional support. The NRC must determine the adequacy or inadequacy of a proposed PSDAR and issue a decision document accordingly The NRC must not approve a proposed PSDAR unless the proposed PSDAR requires compliance with applicable state law relating to air, water, soil quality, or radiological standards if the state law is more restrictive than its federal counterpart. The NRC must notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantling activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of such facility that they have the opportunity to consult with the licensee who submitted the PSDAR. | Nuclear Plant Decommissioning Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Generation Biofuel Producer
Tax Credit Act of 2009''.
SEC. 2. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) Credit Amount Determined Based on BTU Content of Fuel.--
Subparagraph (B) of section 40(b)(6) of the Internal Revenue Code of
1986 is amended to read as follows:
``(B) Applicable amount.--For purposes of this
paragraph--
``(i) In general.--The term `applicable
amount' means, with respect to any type of
second generation biofuel, the dollar amount
which bears the same ratio to $1.01 as the BTU
content of such type of fuel bears to the BTU
content of ethanol. For purposes of the
preceding sentence, the types of second
generation biofuel and the BTU content of such
types shall be determined in accordance with
the table prescribed under clause (ii).
``(ii) BTU content determined by
secretary.--The Secretary, after consultation
with the Secretary of Energy, shall prescribe a
table which lists the types of second
generation biofuel and the BTU content of each
such type.
``(iii) Coordination with alcohol
credits.--In the case of second generation
biofuel which is alcohol, the applicable amount
determined under clause (i) shall be reduced by
the sum of--
``(I) the amount of the credit in
effect for such alcohol under
subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the
qualified second generation biofuel
production, plus
``(II) in the case of ethanol, the
amount of the credit in effect under
subsection (b)(4) at the time of such
production.''.
(b) Expansion of Qualified Fuels.--
(1) In general.--Subclause (I) of section 40(b)(6)(E)(i) of
such Code is amended to read as follows:
``(I) is derived solely from
qualified feedstocks, and''.
(2) Qualified feedstock.--Paragraph (6) of section 40(b) of
such Code is amended by redesignating subparagraphs (F), (G),
and (H) as subparagraphs (G), (H), and (I), respectively, and
by inserting after subparagraph (E) the following new
subparagraph:
``(F) Qualified feedstock.--For purposes of this
paragraph, the term `qualified feedstock' means--
``(i) any lignocellulosic or hemicellulosic
matter that is available on a renewable or
recurring basis, and
``(ii) any cultivated algae, cyanobacteria,
or lemna.''.
(3) Conforming amendments.--
(A) Section 40 of such Code is amended--
(i) by striking ``cellulosic biofuel'' each
place it appears in the text thereof and
inserting ``second generation biofuel'',
(ii) by striking ``Cellulosic'' in the
headings of subsections (b)(6), (b)(6)(E), and
(d)(3)(D) and inserting ``Second generation'',
and
(iii) by striking ``cellulosic'' in the
headings of subsections (b)(6)(C), (b)(6)(D),
(b)(6)(F), (d)(6), and (e)(3) and inserting
``second generation''.
(B) Clause (iii) of section 40(b)(6)(E) of such
Code, as redesignated by paragraph (2), is amended by
striking ``Such term shall not'' and inserting ``The
term `second generation biofuel' shall not''.
(C) Paragraph (1) of section 4101(a) of such Code
is amended by striking ``cellulosic biofuel'' and
inserting ``second generation biofuel''.
(c) Exclusion of Fuels Produced From Coprocessing With Nonqualified
Feedstocks.--Subparagraph (E) of section 40(b)(6) of such Code is
amended by adding at the end the following new clause:
``(iii) Exclusion of fuels produced from
coprocessing with nonqualified feedstocks.--The
term `second generation biofuel' shall not
include any fuel derived from coprocessing a
qualified feedstock with any feedstock which is
not a qualified feedstock.''.
(d) Exclusion of Unprocessed Fuels.--Subparagraph (E) of section
40(b)(6) of such Code, as amended by subsection (c), is amended by
adding at the end the following new clause:
``(iv) Exclusion of unprocessed fuels.--The
term `second generation biofuel' shall not
include any fuel if--
``(I) more than 4 percent of such
fuel (determined by weight) is any
combination of water and sediment, or
``(II) the ash content of such fuel
is more than 1 percent (determined by
weight).''.
(e) Liquid Fuel Defined.--
(1) In general.--Paragraph (6) of section 40(b) of such
Code, as amended by subsection (b), is amended by redesignating
subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and
(J), respectively, and by inserting after subparagraph (F) the
following new subparagraph:
``(G) Liquid fuel.--The term `liquid fuel' shall
not include any fuel unless such fuel would be a liquid
at room temperature after extraction of all water from
the fuel.''.
(2) Application to alcohol mixture credit.--Paragraph (2)
of section 40(d) of such Code is amended by inserting ``,
within the meaning of subsection (b)(6)(G),'' after ``liquid
fuel (other than gasoline)''.
(3) Application to renewable diesel.--Paragraph (3) of
section 40A(f) of such Code is amended by inserting ``(within
the meaning of section 40(b)(6)(G))'' after ``liquid fuel''.
(f) Registration of Fuels.--Subparagraph (I) of section 40(b)(6) of
such Code, as redesignated by subsections (b) and (e), is amended to
read as follows:
``(I) Registration requirements.--No credit shall
be determined under this paragraph with respect to any
second generation biofuel produced by the taxpayer
unless--
``(i) such taxpayer is registered with the
Secretary as a producer of second generation
biofuel under section 4101, and
``(ii) such taxpayer provides the Secretary
such information with respect to such second
generation biofuel as the Secretary may (after
consultation with the Secretary of Energy and
the Administrator of the Environmental
Protection Agency) require, including--
``(I) the type of such second
generation biofuel,
``(II) the feedstocks from which
such second generation biofuel is
derived, and
``(III) the BTU content of such
second generation biofuel.''.
(g) Application of Biofuel Reforms to Bonus Depreciation for
Biofuel Plant Property.--
(1) In general.--Subparagraph (A) of section 168(l)(2) of
such Code is amended by striking ``solely to produce cellulosic
biofuel'' and inserting ``solely to produce second generation
biofuel (as defined in section 40(b)(6)(E)''.
(2) Conforming amendments.--Subsection (l) of section 168
of such Code is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively,
(C) by striking ``Cellulosic'' in the heading of
such subsection and inserting ``Second Generation'',
and
(D) by striking ``cellulosic'' in the heading of
paragraph (2) and inserting ``second generation''.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuels sold or
used after the date of the enactment of this Act.
(2) Application to bonus depreciation.--The amendments made
by subsection (g) shall apply to property placed in service
after the date of the enactment of this Act.
(3) Temporary rule for determining credit amount based on
btu content of fuel.--With respect to any fuel sold or used
after the date of the enactment of this Act and before the date
on which the Secretary prescribes the table described in clause
(ii) of section 40(b)(6)(B) of the Internal Revenue Code of
1986 (as amended by this Act), clause (i) of such section shall
be applied by treating all second generation biofuel as though
it were ethanol. | Second Generation Biofuel Producer Tax Credit Act of 2009 - Amends Internal Revenue Code provisions relating to the cellulosic biofuel producer tax credit to: (1) revise the applicable amount of such credit by linking it to the British thermal unit (BTU) content of second generation biofuels as determined by the Secretary of the Treasury; (2) expand the definition of "qualified feedstock" to include any cultivated algae, cyanobacteria, or lemna; (3) exclude from the definition of "second generation biofuel" certain fuel produced from coprocessing with nonqualified feedstocks and certain unprocessed fuels; (4) require producers of second generation biofuels to register with the Secretary; and (5) allow an additional depreciation allowance for property used to produce second generation biofuel. | To amend the Internal Revenue Code of 1986 to provide for a second generation biofuel producer credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Measures Feasibility Act''.
SEC. 2. STUDIES RELATED TO STATE-ISSUED DRIVER'S LICENSES AND
IDENTIFICATION CARDS.
(a) Study on Security Measures for State-Issued Driver's Licenses
and Identification Cards.--
(1) Feasibility study.--Commencing not later than 30 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a study to
evaluate--
(A) the ability of the States to develop and
implement the security measures for the issuance and
use of driver's licenses and identification cards
described in subsection (b);
(B) the cost of developing and implementing each
such measure, for each State; and
(C) the amount of time that such development and
implementation would require, for each State.
(2) Security measures.--The study under subsection (a)
shall address the following:
(A) Incorporation of physical security features
designed to prevent tampering, counterfeiting, or
duplication of driver's licenses and identification
cards for fraudulent purposes.
(B) Use of a uniform machine-readable technology
for driver's licenses and identification cards by all
States.
(C) Use of available technology to capture digital
images of identity source documents so that the images
can be retained in electronic storage in a transferable
format.
(D) Implementation of a standard for the retention
of paper copies of source documents for a minimum of 7
years and digital images of source documents for a
minimum of 10 years.
(E) Subjecting each person applying for a driver's
license or identification card to a mandatory facial
image capture.
(F) Implementation of an effective procedure to
confirm or verify a renewing applicant's information.
(G) Implementation of an effective procedure to
confirm with the Social Security Administration that a
social security account number presented by the
applicant is legitimate and to resolve any
discrepancies about such a number that might occur.
(H) Implementation of procedures to ensure the
physical security of locations where driver's licenses
and identification cards are produced and to ensure the
security of document materials and papers from which
driver's licenses and identification cards are
produced.
(I) Subjecting all persons authorized to
manufacture or produce driver's licenses and
identification cards to appropriate security clearance
requirements.
(J) Provision of training in fraudulent document
recognition for appropriate employees engaged in the
issuance of driver's licenses and identification cards.
(K) Full participation in the interstate compact
regarding the sharing of driver's license data, known
as the ``Driver's License Agreement'', in order to
provide electronic access by a State to information
contained in the motor vehicle databases of all other
States.
(L) Establishment of State motor vehicle databases
that contain, at a minimum, all data fields printed on
driver's licenses and identification cards issued by
the State, and motor vehicle driver's histories,
including motor vehicle violations, suspensions, and
points on licenses.
(M) Establishment of two category systems for
driver's licenses, one for citizens and lawful
permanent residents of the United States which would
have to be renewed after a fixed period of time and
another for nonimmigrant aliens which would expire at
the expiration of the nonimmigrant's authorized period
of stay in the United States.
(N) Implementation of an effective procedure to
verify the issuance, validity, and completeness of
every document required to be presented by an applicant
for a driver's license or identification card.
(O) Routine utilization of the automated system
known as ``Systematic Alien Verification for
Entitlements''.
(P) Establishing a system for ensuring that, in
every case in which the State issues a driver's license
or identification card that does not satisfy the these
security measures, the license or identification card
clearly states on its face that it may not be accepted
by any Federal agency for any official purpose and uses
a design or color indicator to alert Federal agencies
that it may not be accepted for any such purpose.
(b) Study on Consequences of Making Driver's Licenses Unavailable
to Undocumented Aliens.--Commencing not later than 30 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall conduct a study on the adverse consequences that
could result from preventing aliens who are unlawfully present in the
United States from obtaining driver's licenses, taking into account the
probability that such an alien will drive without a license if rendered
ineligible to receive one based on such unlawful status.
(c) Report to Congress.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of the
Congress and the Secretary of Homeland Security a report on the
findings and recommendations resulting from the studies
described in subsections (a) and (b).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The assessment of the Comptroller General on
each matter addressed by such studies.
(B) Any recommendation of the Comptroller General
for administrative action on any matter specified in
subsection (a) or (b) that the Comptroller General
considers necessary to better protect the security of
driver's licenses and identification cards issued by
the States.
(C) Any recommendation of the Comptroller General
for legislative action on any matter specified in
subsection (a) or (b) that the Comptroller General
considers necessary to better protect the security of
driver's licenses and identification cards issued by
the States.
(3) Form.--If necessary, the Comptroller General may submit
a classified and unclassified version of the report.
(d) Appropriate Committees of the Congress Defined.--In this
section, the term ``appropriate committees of the Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the United States House of
Representatives. | Security Measures Feasibility Act - Requires the Comptroller General to conduct a study evaluating: (1) the ability of the States to develop and implement specified security measures (including the incorporation of anti-fraud features, the use of uniform machine-readable technology, and implementation of a social security number confirmation system) for the issuance and use of driver's licenses and identification cards; (2) the cost of developing and implementing each such measure for each State; and (3) the amount of time that such development and implementation would require for each State.
Directs the Comptroller General to conduct a study of the potential adverse consequences of preventing aliens unlawfully present in the United States from obtaining driver's licenses.
Requires the Comptroller General to report findings of both studies to appropriate congressional committees and to the Secretary of Homeland Security, incorporating any recommendations for administrative or legislative action. | To require the Comptroller General of the United States to conduct a study on the development and implementation by States of security measures for driver's licenses and identification cards and a study on the consequences of denying driver's licenses to aliens unlawfully present in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Responsibility Act of
2002''.
SEC. 2. DISGORGEMENT REQUIRED.
(a) Administrative Actions.--Within 30 days after the date of
enactment of this Act, the Securities and Exchange Commission shall
prescribe regulations to require disgorgement, in a proceeding pursuant
to its authority under section 21A, 21B, or 21C (15 U.S.C. 78u-1, 78u-
2, 78u-3), of salaries, commissions, fees, bonuses, options, profits
from securities transactions, and losses avoided through securities
transactions obtained by an officer or director of an issuer during or
for a fiscal year or other reporting period if such officer or director
engaged in misconduct resulting in, or made or caused to be made in,
the filing of a financial statement for such fiscal year or reporting
period which--
(1) was at the time, and in the light of the circumstances
under which it was made, false or misleading with respect to
any material fact; or
(2) omitted to state a material fact necessary in order to
make the statements made, in the light of the circumstances in
which they were made, not misleading,
(b) Judicial Proceedings.--Section 21(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the
following new paragraph:
``(5) Additional disgorgement authority.--In any action or
proceeding brought or instituted by the Commission under the securities
laws against any person--
``(A) for engaging in misconduct resulting in, or making or
causing to be made in, the filing of a financial statement
which--
``(i) was at the time, and in the light of the
circumstances under which it was made, false or
misleading with respect to any material fact; or
``(ii) omitted to state a material fact necessary
in order to make the statements made, in the light of
the circumstances in which they were made, not
misleading; or
``(B) for engaging in, causing, or aiding and abetting any
other violation of the securities laws or the rules and
regulations thereunder,
such person, in addition to being subject to any other appropriate
order, may be required to disgorge any or all benefits received from
any source in connection with the conduct constituting, causing, or
aiding and abetting the violation, including (but not limited to)
salary, commissions, fees, bonuses, options, profits from securities
transactions, and losses avoided through securities transactions.''.
SEC. 3. CEO AND CFO ACCOUNTABILITY FOR DISCLOSURE.
(a) Regulations Required.--The Securities and Exchange Commission
shall by rule require, for each company filing periodic reports under
section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m, 78o(d)), that the principal executive officer or officers and the
principal financial officer or officers, or persons performing similar
functions, certify in each annual or quarterly report filed or
submitted under either such section of such Act that--
(1) the signing officer has reviewed the report;
(2) based on the officer's knowledge, the report does not
contain any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements
made, in light of the circumstances under which such statements
were made, not misleading;
(3) based on such officer's knowledge, the financial
statements, and other financial information included in the
report, fairly present in all material respects the financial
condition and results of operations of the issuer as of, and
for, the periods presented in the report;
(4) the signing officers--
(A) are responsible for establishing and
maintaining internal controls;
(B) have designed such internal controls to ensure
that material information relating to the issuer and
its consolidated subsidiaries is made known to such
officers by others within those entities, particularly
during the period in which the periodic reports are
being prepared;
(C) have evaluated the effectiveness of the
issuer's internal controls as of a date within 90 days
prior to the report; and
(D) have presented in the report their conclusions
about the effectiveness of their internal controls
based on their evaluation as of that date;
(5) the signing officers have disclosed to the issuer's
auditors and the audit committee of the board of directors (or
persons fulfilling the equivalent function)--
(A) all significant deficiencies in the design or
operation of internal controls which could adversely
affect the issuer's ability to record, process,
summarize, and report financial data and have
identified for the issuer's auditors any material
weaknesses in internal controls; and
(B) any fraud, whether or not material, that
involves management or other employees who have a
significant role in the issuer's internal controls; and
(6) the signing officers have indicated in the report
whether or not there were significant changes in internal
controls or in other factors that could significantly affect
internal controls subsequent to the date of their evaluation,
including any corrective actions with regard to significant
deficiencies and material weaknesses.
(b) Deadline.--The rules required by subsection (a) shall be
effective not later than 30 days after the date of enactment of this
Act.
SEC. 4. REMOVAL OF UNFIT CORPORATE OFFICERS.
(a) Removal in Judicial Proceedings.--
(1) Securities act of 1933.--Section 20(e) of the
Securities Act of 1933 (15 U.S.C. 77t(e)) is amended by
striking ``substantial unfitness'' and inserting ``unfitness''.
(2) Securities exchange act of 1934.--Section 21(d)(2) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is
amended by striking ``substantial unfitness'' and inserting
``unfitness''.
(b) Removal in Administrative Proceedings.--
(1) Securities act of 1933.--Section 8A of the Securities
Act of 1933 (15 U.S.C. 77h-1) is amended by adding at the end
the following new subsection:
``(f) Authority to Prohibit Persons From Serving as Officers or
Directors.--In any cease-and-desist proceeding under subsection (a),
the Commission may issue an order to prohibit, conditionally or
unconditionally, and permanently or for such period of time as it shall
determine, any person who has violated section 17(a)(1) of this title
from acting as an officer or director of any issuer that has a class of
securities registered pursuant to section 12 of the Securities Exchange
Act of 1934 or that is required to file reports pursuant to section
15(d) of that Act if the person's conduct demonstrates unfitness to
serve as an officer or director of any such issuer.''.
(2) Securities exchange act of 1934.--Section 21C of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by
adding at the end the following new subsection:
``(f) Authority to Prohibit Persons From Serving as Officers or
Directors.--In any cease-and-desist proceeding under subsection (a),
the Commission may issue an order to prohibit, conditionally or
unconditionally, and permanently or for such period of time as it shall
determine, any person who has violated section 10(b) of this title or
the rules or regulations thereunder from acting as an officer or
director of any issuer that has a class of securities registered
pursuant to section 12 of this title or that is required to file
reports pursuant to section 15(d) of this title if the person's conduct
demonstrates unfitness to serve as an officer or director of any such
issuer.''. | Corporate Responsibility Act of 2002 - Instructs the Securities and Exchange Commission (SEC) to require disgorgement of salaries, commissions, fees, bonuses, options, profits, and losses avoided through securities transactions obtained by an officer or director of an issuer during a reporting period when such officer or director engaged in misconduct resulting in the filing of a false or materially misleading financial statement.Requires the principal executive officer or officers and the principal financial officer or officers to certify in each annual or quarterly report filed or submitted that: (1) the signing officer has reviewed the report and that it does not contain untrue statements of a material fact or omit a material fact; (2) such report fairly presents the financial condition and results of operation in all material respects; (3) the signing officers have established and maintained effective internal controls and disclosed to the auditors and the audit committee of the board of directors any significant deficiencies in such controls which could adversely affect financial data and any fraud, whether or not material; and (4) there were or were not changes in internal controls or other factors that could significantly affect such controls subsequent to their evaluation.Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to establish a standard of unfitness (as opposed to the current "substantial unfitness") for removal of corporate officers in a judicial, administrative, or cease-and-desist proceeding.Authorizes the SEC, in a cease-and-desist proceeding, to prohibit those who used manipulative and deceptive devices in the purchase, sale, or swap of securities from serving as officers as directors. | To provide for enhanced corporate responsibility under the securities laws. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Sprinkler Incentive Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) since the publication of the original study and
comprehensive list of recommendations in America Burning,
written in 1974, requested advances in fire prevention through
the installation of automatic sprinkler systems in existing
buildings have yet to be fully implemented;
(2) fire departments responded to approximately 1,700,000
fires in 2001;
(3) there were 3,745 non-terrorist related deaths in the
United States and almost 21,000 civilian injuries resulting
from fire in 2001;
(4) 99 firefighters were killed in 2001, excluding the
terrorist acts on September 11th;
(5) fire caused $8,900,000,000 in direct property damage in
2001, and sprinklers are responsible for a 43 to 70 percent
reduction in property damage from fires in public assembly,
educational, residential, commercial, industrial and
manufacturing buildings;
(6) fire departments respond to a fire every 18 seconds, a
fire breaks out in a structure every 60 seconds and in a
residential structure every 80 seconds in the United States;
(7) the Station Nightclub in West Warwick, Rhode Island,
did not contain an automated sprinkler system and burned down,
killing 99 people on February 20, 2003;
(8) due to an automated sprinkler system, not a single
person was injured from a fire beginning in the Fine Line Music
Cafe in Minneapolis after the use of pyrotechnics on February
17, 2003;
(9) the National Fire Protection Association has no record
of a fire killing more than 2 people in a completely
sprinklered public assembly, educational, institutional or
residential building where the system was properly installed
and fully operational;
(10) sprinkler systems dramatically improve the chances of
survival of those who cannot save themselves, specifically
older adults, young children and people with disabilities;
(11) the financial cost of upgrading fire counter measures
in buildings built prior to fire safety codes is prohibitive
for most property owners;
(12) many State and local governments lack any requirements
for new structures to contain automatic sprinkler systems;
(13) under the present straight-line method of
depreciation, there is a disincentive for building safety
improvements due to an extremely low rate of return on
investment; and
(14) the Nation is in need of incentives for the voluntary
installation and retrofitting of buildings with automated
sprinkler systems to save the lives of countless individuals
and responding firefighters as well as drastically reduce the
costs from property damage.
SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 5-year property) is amended
by striking ``and'' at the end of clause (V), by striking the period at
the end of clause (vi) and inserting ``, and '', and by adding at the
end the following:
``(vii) any automatic fire sprinkler system
placed in service after the date of the
enactment of this clause in a building
structure which was placed in service before
such date of enactment.''.
(b) Alternative Sysem.--The table contained in section 168(g)(3)(B)
of the Internal Revenue Code of 1986 is amended by inserting after the
third item the following:
``(B)(vii).................................................. 7''.
(c) Definition of Automatic Fire Sprinkler System.--Subsection (i)
of section 168 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(15) Automated fire sprinkler system.--The term
`automated fire sprinkler system' means those sprinkler systems
classified under one or more of the following publications of
the National Fire Protection Association--
``(A) NFPA 13, Installation of Sprinkler Systems,
``(B) NFPA 13 D, Installation of Sprinkler Systems
in One and Two Family Dwellings and Manufactured Homes,
and
``(C) NFPA 13 R, Installation of Sprinkler Systems
in Residential Occupancies up to and Including Four
Stories in Height.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Fire Sprinkler Incentive Act of 2004 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. . | A bill to amend the Internal Revenue Code of 1986 to classify automatic fire sprinkler systems as 5-year property for purposes of depreciation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Alcohol Advertising
Standards for Children Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Television advertising influences children's perception
of the values and behavior that are common and acceptable in
society.
(2) Television station operators and cable television
system operators should follow practices in connection with the
advertising of alcoholic beverages that take into consideration
that television broadcast and cable advertising have
established a uniquely pervasive presence in the lives of
American children.
(3) The average American child is exposed to 25 hours of
television each week and some children are exposed to as much
as 11 hours of television a day.
(4) In 1995, alcohol producers, led by brewers, spent
$682,600,000 advertising their products in the broadcast media.
Much of that advertising appeared on sports programming, in
prime time, or at other times when substantial numbers of
underage persons were in the viewing and listening audience.
Many of the themes used in the ads--humor, parties, athletic
pursuits--have great appeal for young people. The most popular
beer ads use animated characters, animals, or music which also
amuse and attract children and teens.
(5) The current advertising codes of brewers and
distillers, even when observed by industry members, provide
inadequate standards to restrain most of the current
advertising messages that reach young people and teach them to
drink. These codes are unenforceable, do not apply to all
alcohol companies, and institutionalize, rather than restrict,
advertising practices that subject young people to massive,
continuous, and persuasive inducements to drink. Although
individual broadcast networks and independent stations have
adopted standards governing the acceptance of advertising for
alcoholic beverages, those standards lack uniformity, do not
apply to all broadcasters, nor do they help shield large
audiences of underage persons from alcohol promotions.
(6) Alcohol producers claim to have no interest in
attracting underage persons, for whom the purchase and use of
their products are illegal. The development of voluntary
broadcast industry alcohol advertising standards to protect
children would avoid broader government restrictions on alcohol
advertising and permit alcohol producers to continue to
legitimately promote their products to adult consumers.
Therefore, enforceable voluntary broadcast standards provide a
minimally restrictive, necessary condition on alcohol producer
marketing activities, one that is consistent with their
business missions and social responsibility.
SEC. 3. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING
CODES.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 337. ESTABLISHMENT AND IMPLEMENTATION OF TELEVISION ADVERTISING
CODES.
``(a) Authority To Prescribe Standards.--Except as otherwise
provided by this section, the Commission shall prescribe, on the basis
of recommendations from an advisory committee established by the
Commission, a code of conduct that limits the exposure and appeal to
minors of alcoholic beverage advertisements in video programming,
taking into consideration the content, frequency, timing, and program
placement of such ads, as well as the role of public information
messages about the risks of alcohol use by minors.
``(b) Advisory Committee Requirements.--In establishing an advisory
committee for purposes of subsection (a) of this section, the
Commission shall--
``(1) ensure that such committee is composed of parents,
television broadcasters, cable operators, appropriate public
interest groups, and other interested individuals from the
private sector and is fairly balanced in terms of political
affiliation, the points of view represented, and the functions
to be performed by the committee;
``(2) provide to the committee such staff and resources as
may be necessary to permit it to perform its functions
efficiently and promptly; and
``(3) require the committee to submit a final report of its
recommendations within one year after the date of the
appointment of the initial members.
``(c) Antitrust Exemption.--
``(1) Exemption.--The antitrust laws shall not apply to any
joint discussion, consideration, review, action, or agreement
by or among persons in the television industry for the purpose
of, and limited to, developing and disseminating a voluntary
code designed to limit the exposure and appeal to minors of
alcoholic beverage advertisements in video programming.
``(2) Limitations.--The exemption provided in paragraph
(1)--
``(A) shall not apply to any joint discussion,
consideration, review, action, or agreement which
results in a boycott of any person; and
``(B) shall apply only to any joint discussion,
consideration, review, action, or agreement engaged in
only during the 1-year period beginning on the date of
the enactment of this section.
``(d) Enforcement of Codes by Forfeiture Penalties.--For the
purposes of sections 503 and 504 of this Act, any advertising code
established pursuant to subsection (a) or (c) of this section shall be
considered to be a regulation prescribed by the Commission pursuant to
this Act.
``(e) Applicability of Requirement for Commission To Prescribe
Code.--The requirement of subsection (a) shall take effect 1 year after
the date of enactment of this section, but only if the Commission
determines, in consultation with appropriate public interest groups and
interested individuals from the private sector, that--
``(1) persons in the television industry have not, by such
date, established and implemented a voluntary code of conduct
that limits the exposure and appeal to minors of alcoholic
beverage advertisements in video programming, taking into
consideration the content, frequency, timing, and program
placement of such ads, as well as the role of public
information messages about the risks of alcohol used by minors;
and
``(2) such code is acceptable to the Commission.
``(f) Annual Report.--The Commission shall include in each annual
report pursuant to section 4(k) of this Act submitted after the date of
enactment of this section an assessment of the extent to which a code
established under subsection (a) or (c) of this section has been
successfully implemented, and is rigorously complied with, by
distributors of video programming.
``(g) Definitions.--For purposes of this section:
``(1) The term `antitrust laws' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent that
such section 5 applies to unfair methods of competition.
``(2) The term `person in the television industry' means a
television network, any entity which produces programming
(including theatrical motion pictures) for telecasting or
telecasts programming, the National Cable Television
Association, the Association of Independent Television
Stations, Incorporated, the National Association of
Broadcasters, the Motion Picture Association of America, the
Community Antenna Television Association, and each of the
networks' affiliate organizations, and shall include any
individual acting on behalf of such person.
``(3) The term `video programming' has the meaning provided
in section 602 of this Act.''. | Voluntary Alcohol Advertising Standards for Children Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), on the basis of recommendations from an advisory committee established by the FCC, to prescribe a code of conduct (code) that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads as well as the role of public information messages about the risks of alcohol use by minors. Outlines advisory committee requirements. Provides an antitrust exemption, with limitations, for any action or agreement among persons in the television industry undertaken to develop and disseminate such a voluntary code.
Requires the FCC to prescribe such code within one year after enactment of this Act, unless the television industry has established a voluntary code which is acceptable to the FCC.
Requires the FCC to include in a currently required annual report an assessment of the extent to which a code has been successfully implemented, and complied with, by video programming distributors. | Voluntary Alcohol Advertising Standards for Children Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Adjacent Zone Revenue Sharing
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is an Arctic nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands;
(2) the Arctic region of the United States--
(A) is home to an indigenous population that has
subsisted for millennia on the abundance of marine
mammals, fish, and wildlife in the Arctic region, many
of which are unique to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States;
(3) temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average;
(4) the Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice-free
during summer months in as few as 30 years;
(5) those changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic, the
communities and ecosystems of the people, as well as the marine
mammals, fish, and wildlife on which the people depend; and
(6) those changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.--
``(1) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The term
`coastal political subdivision' means a county-
equivalent subdivision of the State all or part of
which--
``(i) lies within the coastal zone (as
defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)); and
``(ii) the closest point of which is not
more than 300 statute miles from the
geographical center of any leased tract.
``(B) Distance.--The terms `distance' means minimum
great circle distance.
``(C) Indian tribe.--The term `Indian tribe' means
an Alaska Native entity recognized and eligible to
receive services from the Bureau of Indian Affairs, the
headquarters of which is located within 300 miles of
the geographical center of a leased tract.
``(D) Leased tract.--The term `leased tract' means
a tract leased under this Act for the purpose of
drilling for, developing, and producing oil or natural
gas resources.
``(E) State.--The term `State' means the State of
Alaska.
``(2) Bonus bids.--Subject to paragraphs (4), (5), and (6),
effective beginning on the date that is 5 years after the date
of enactment of this subsection, the State shall, without
further appropriation or action, receive 37.5 percent of any
bonus bid paid for leasing rights for any area in the Alaska
Adjacent Zone.
``(3) Post leasing revenues.--Subject to paragraphs (4),
(5), and (6), in addition to bonus bids under paragraph (1),
the State shall receive, from leasing of the area, 37.5 percent
of--
``(A) any lease rental payments;
``(B) any lease royalty payments;
``(C) any royalty proceeds from a sale of royalties
taken in kind by the Secretary; and
``(D) any other revenues from a bidding system
under section 8.
``(4) Allocation among coastal political subdivisions of
the state.--
``(A) In general.--The Secretary shall pay 20
percent of any allocable share of the State, as
determined under paragraphs (2) and (3), directly to
coastal political subdivisions.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the coastal political
subdivisions within 300 miles of the
geographical center of the leased tract based
on the relative distance of the coastal
political subdivisions from the leased tract in
accordance with this subparagraph.
``(ii) Distances.--For each coastal
political subdivision, the Secretary shall
determine the distance between the point on the
coastal political subdivision coastline closest
to the geographical center of the leased tract
and the geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among coastal political
subdivisions in amounts that are inversely
proportional to the applicable distances
determined under clause (ii).
``(5) Allocation among regional corporations.--
``(A) In general.--The Secretary shall pay 33
percent of any allocable share of the State, as
determined under this subsection, directly to certain
Regional Corporations established under section 7(a) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1606(a)).
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the Regional
Corporations, after determining those Native
villages within the region of the Regional
Corporation which are within 300 miles of the
geographical center of the leased tract based
on the relative distance of such villages from
the leased tract, in accordance with this
paragraph.
``(ii) Distances.--For each such village,
the Secretary shall determine the distance
between the point in the village closest to the
geographical center of the leased tract and the
geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the qualifying Regional
Corporations in amounts that are inversely
proportional to the distances of all of the
Native villages within each qualifying region.
``(iv) Revenues.--All revenues received by
each Regional Corporation shall be--
``(I) treated by the Regional
Corporation as revenue subject to the
distribution requirements of section
7(i)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
``(II) divided annually by the
Regional Corporation among all 12
Regional Corporations in accordance
with section 7(i) of that Act.
``(v) Further distribution.--A Regional
Corporation receiving revenues under clause
(iv)(II) shall further distribute 50 percent of
the revenues received in accordance with
section 7(j) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(j)).
``(6) Allocation among indian tribes.--
``(A) In general.--The Secretary shall pay 7
percent of any allocable share of the State, as
determined under this subsection, directly to Indian
tribes.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay Indian tribes based on
the relative distance of the headquarters of
the Indian tribes from the leased tract, in
accordance with this subparagraph.
``(ii) Distances.--For each Indian tribe,
the Secretary shall determine the distance
between the location of the headquarters of the
Indian tribe and the geographical center of the
tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the Indian tribes in amounts
that are inversely proportional to the
distances described in clause (ii).
``(7) Conservation royalty.--After making distributions
under paragraphs (2) and (3) and section 31, the Secretary
shall, without further appropriation or action, distribute a
conservation royalty equal to 6.25 percent of Federal royalty
revenues derived from an area leased under this subsection from
all areas leased under this subsection for any year, into the
land and water conservation fund established under section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5) to provide financial assistance to States under section
6 of that Act (16 U.S.C. 460l-8).
``(8) Deficit reduction.--After making distributions in
accordance with paragraphs (2) and (3) and in accordance with
section 31, the Secretary shall, without further appropriation
or action, distribute an amount equal to 6.25 percent of
Federal royalty revenues derived from an area leased under this
subsection from all areas leased under this subsection for any
year, into direct Federal deficit reduction.''. | Alaska Adjacent Zone Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to require that the state of Alaska receive 37.5% of: (1) any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone; and (2) specified post-leasing revenues including lease rental payments and lease royalty payments, as well as royalty proceeds from a sale of royalties taken in kind.
Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 20% of any allocable state share directly to coastal political subdivisions; (2) 33% of any allocable state share to certain Regional Corporations; and (3) 7% of any allocable state share directly to Indian tribes.
Instructs the Secretary to distribute 6.25% of certain federal royalty revenues into: (1) a specified land and water conservation fund to provide financial assistance to states; and (2) direct federal deficit reduction. | A bill to amend the Outer Continental Shelf Lands Act to provide for the sharing of certain outer Continental Shelf revenues from areas in the Alaska Adjacent Zone. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Community Health Advisor
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Communities across America have joined forces with
State health departments, academic institutions, and community-
based public and nonprofit organizations to improve the health
of their neighborhoods and help us as a Nation reach the
Healthy People 2000 objectives.
(2) Recognizing the difficult barriers confronting their
medically underserved communities--poverty, geographic
isolation, cultural differences, lack of transportation, low
literacy, and lack of access to services--community leaders are
becoming bridges between their communities and local health and
social service providers to break down these barriers.
(3) These community leaders, often referred to as community
health advisors, are uniquely knowledgeable about their
communities' needs.
(4) Community health advisors can communicate to health and
social service providers the needs of community members,
provide quality health promotion and disease prevention
information to the community, and serve as the crucial link
between their community and service providers.
(5) Community health advisors can increase utilization of
available preventive health services, increase the
effectiveness of the health care delivery system, reduce
preventable morbidity and mortality, and improve the quality of
life of their neighbors.
(6) Community health advisors can be a critical part of our
national challenge to meet the Healthy People 2000 vision for
the new century.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``authorized program services'', with respect
to a community health advisor program, means the services
authorized in section 5(a) to be included in a plan under such
section.
(2) The term ``community health advisor'' means an
individual--
(A) who has demonstrated the capacity to carry out
one or more of the authorized program services;
(B) who, for not less than 1 year, has been a
resident of the community in which the community health
advisor program involved is to be operated; and
(C) is a member of the target population to be
served by the program.
(3) The term ``community health advisor program'' means a
program carried out in accordance with a plan under section
5(a).
(4) The term ``financial assistance'', with respect to an
award under section 4, means a grant, cooperative agreement, or
a contract.
(5) The term ``Healthy People 2000 Objectives'' means the
objectives established by the Secretary toward the goals of
increasing the span of healthy life, reducing health
disparities among various populations, and providing access to
preventive services, which objectives apply to the health
status of the population of the United States for the year
2000.
(6) The term ``medically underserved community'' means--
(A) a community that has a substantial number of
individuals who are members of a medically underserved
population, as defined in section 330 of the Public
Health Service Act; or
(B) a community a significant portion of which is a
health professional shortage area designated under
section 332 of such Act.
(7) The term ``official poverty line'' means the official
poverty line established by the Director of the Office of
Management and Budget and revised by the Secretary in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, which poverty line is applicable
the size of the family involved.
(8) The term ``Secretary'' means the Secretary of Health
and Human Services.
(9) The term ``State'' means each of the several States,
the District of Columbia, and each of the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(10) The term ``State involved'', with respect to an
applicant for an award under section 4, means the State in
which the applicant is to carry out a community health advisor
program.
SEC. 4. FORMULA GRANTS REGARDING COMMUNITY HEALTH ADVISOR PROGRAMS.
(a) Formula Grants.--In the case of each State (or entity
designated by a State under subsection (c)) that submits to the
Secretary a plan in accordance with section 5(a) for a fiscal year, the
Secretary of Health and Human
Services, acting through the Director of the Centers for Disease
Control and Prevention and in coordination with the heads of the
agencies specified in subsection (b), shall make an award of financial
assistance to the State or entity for the development and operation of
community health advisor programs under the plan. The award shall
consist of the allotment determined under section 7 with respect to the
State, subject to section 11(b).
(b) Coordination With Other Agencies.--The agencies referred to in
subsection (a) regarding coordination are the Health Resources and
Services Administration, the National Institutes of Health, and the
Substance Abuse and Mental Health Services Administration.
(c) Designated Entities.--With respect to the State involved, an
entity other than the State may receive an award under subsection (a)
only if the entity--
(1) is a public or nonprofit private academic organization
(or other public or nonprofit private entity); and
(2) has been designated by the State to carry out the
purpose described in such subsection in the State and to
receive amounts under such subsection in lieu of the State.
SEC. 5. STATE PLAN.
(a) In General.--An applicant for an award under section 4 for a
fiscal year may receive such an award only if the applicant submits to
the Secretary a plan for such year that is in such form, is made in
such manner, and is submitted at such time as the Secretary may
require, and that meets the following requirements:
(1) The plan contains a description of how--
(A) if the applicant is a State, the award will be
administered by the State agency with the principal
responsibility for carrying out public health programs;
and
(B) if the applicant is an entity designated under
section 4, the award will be administered in
consultation with such State agency.
(2)(A) The plan contains a description of how the applicant
will--
(i) operate a clearinghouse to maintain and
disseminate information on community health advisor
programs (and similar programs) in the State;
(ii) provide to community health advisor programs
in the State technical assistance in training community
health advisors; and
(iii) provide to community health advisor programs
in the State evaluation assistance in evaluating their
community health advisor programs and preparing the
reports required in paragraph (22); and
(B) The plan contains assurances that--
(i) not more than 15 percent of the award will be
expended in the aggregate for carrying out subparagraph
(A) and for the expenses of administering the award
with respect to the State involved; and
(ii) the remainder of the award will be provided
directly to community health advisor programs in the
State for carrying out the duties of the programs
pursuant to this subsection.
(3) The plan contains a description of how the applicant
will use the award, including the following:
(A) description of the criteria the applicant will
use to identify which community-based public and
private nonprofit entities will receive funds from the
award and how the funds will be allocated among such
public and private nonprofit entities.
(B) A description of how the award will assist the
State involved in attaining the Healthy People 2000
Objectives.
(C) Assurances that for each community health
advisor program operated with the award, a program is
carried out to train community health advisors to
provide the authorized program services.
(D) Assurances that, for each community health
advisor program operated with the award, a program of
evaluation will be carried out.
(E) A description of how the applicant will
identify and consider the needs of the community
involved for the authorized program services.
(F) Assurances that each community health advisor
program operated with the award will be provided in the
cultural context most appropriate for the individuals
served by the program.
(G) A description of how the applicant will provide
public education on health promotion and disease
prevention and facilitate the use of available health
services and health-related social services.
(H) A description of how the applicant will provide
health-related counseling.
(I) A description of how the applicant will
collaborate with and provide referrals for available
health services and health-related social services.
(J) Assurances that, with respect to the purposes
for the award is authorized to be expended, the State
involved will maintain expenditures of non-Federal
amounts for such purposes at a level that is not less
than the level of such expenditures maintained by the
State for the fiscal year preceding the first fiscal
year for which such an award is made with respect to
the State.
(K) Assurances that not more than 15 percent of the
award will be expended for the program of training
under subparagraph (C).
(L) Assurances that the applicant will not provide
amounts from the award to a community-based public and
private nonprofit entity to operate a community health
advisor program unless the entity complies with section
6.
(M) Assurances that the applicant will carry out
community health advisor programs in accordance with
the guidelines established under section 8.
(N) Such other information as the Secretary may
require.
(b) Certain Expenditures.--An award under section 4 may be expended
to provide compensation for the services of community health advisors.
SEC. 6. LOCAL PLAN.
A community-based public or private nonprofit entity may receive
funds from an award under section 4 for a fiscal year to operate a
community health advisor program only if the entity submits to the
recipient of such award a plan for such year that is in such form, is
made in such manner, and is submitted at such time as the recipient may
require.
SEC. 7. DETERMINATION OF AMOUNT OF ALLOTMENT.
(a) In General.--For purposes of section 4(a), the allotment under
this section with respect to a State for a fiscal year is the greater
of--
(1) the sum of the respective amounts determined for the
State under subsection (b) and subsection (c); and
(2) $500,000.
(b) Amount Relating to Population.--For purposes of subsection (a),
the amount determined under this subsection is the product of--
(1) an amount equal to 50 percent of the amount
appropriated under section 11 for the fiscal year and available
for awards under section 4; and
(2) the percentage constituted by the ratio of--
(A) the number of individuals residing in the State
involved; to
(B) the sum of the respective amounts determined
for each State under subparagraph (A).
(c) Amount Relating to Poverty Level.--For purposes of subsection
(a), the amount determined under this subsection is the product of--
(1) the amount determined under subsection (b)(1); and
(2) the percentage constituted by the ratio of--
(A) the number of individuals residing in the State
whose income is at or below an amount equal to 200
percent of the official poverty line; to
(B) the sum of the respective amounts determined
for each State under subparagraph (A).
SEC. 8. QUALITY ASSURANCE; COST-EFFECTIVENESS.
The Secretary shall establish guidelines for assuring the quality
of community health advisor programs (including quality in the training
of community health advisors) and for assuring the cost-effectiveness
of the programs.
SEC. 9. EVALUATIONS; TECHNICAL ASSISTANCE.
(a) Evaluations.--The Secretary shall conduct evaluations of
community health advisor programs, and disseminate information
developed as a result of the evaluations. In conducting such
evaluations, the Secretary shall determine whether the programs are in
compliance with the guidelines established under section 8.
(b) Technical Assistance.--The Secretary may provide technical
assistance to recipients of awards under section 4 with respect to the
planning, development, and operation of community health advisor
programs.
(c) Grants and Contracts.--The Secretary may carry out this section
directly or through grants, cooperative agreements, or contracts.
(d) Limitation on Expenditures.--Of the amounts appropriated under
section 11 for a fiscal year, the Secretary may reserve not more than 5
percent for carrying out this section.
SEC. 10. RULE OF CONSTRUCTION REGARDING PROGRAMS OF INDIAN HEALTH
SERVICE.
This Act may not be construed as requiring the Secretary to modify
or terminate the program carried out by the Director of the Indian
Health Service and designated by such Director as the Community Health
Representative Program. The Secretary shall ensure that support for
such Program is not supplanted by awards under section 4. In
communities in which both such Program and a community health advisor
program are being carried out, the Secretary shall ensure that the
community health advisor program works in cooperation with, and as a
complement to, the Community Health Representative Program.
SEC. 11. FUNDING.
(a) Authorization of Appropriations.--For the purpose of carrying
out this Act, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1996 through 2001.
(b) Effect of Insufficient Appropriations for Minimum Allotments.--
(1) In general.--If the amounts made available under
subsection (a) for a fiscal year are insufficient for providing
each State (or entity designated by the State pursuant to
section 4, as the case may be) with an award under section 4 in
an amount equal to or greater than the amount specified in
section 7(a)(2), the Secretary shall, from such amounts as are
made available under subsection (a), make such awards on a
discretionary basis.
(2) Rule of construction.--For purposes of paragraph (1),
awards under section 4 are made on a discretionary basis if the
Secretary determines which States (or entities designated by
States pursuant to such section, as the case may be) are to
receive such awards, subject to meeting the requirements of
this subtitle for such an award, and the Secretary determines
the amount of such awards. | National Community Health Advisor Act - Mandates financial assistance to each applying State (or an agency designated by a State) for the development and operation of community health advisor programs. Sets forth a formula for determining the amount of allotments. Authorizes appropriations. | National Community Health Advisor Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reasonable Expectation of American
Privacy Act of 2013'' or the ``REAP Act of 2013''.
SEC. 2. INCREASED PROTECTIONS RELATING TO VOLUNTARY DISCLOSURE OF
PASSWORD INFORMATION.
Section 2702 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (b) or (c)'' and inserting
``subsection (b), (c), or (d)'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3)--
(i) by inserting after ``(not including the
contents of communications covered by paragraph
(1) or (2)'' the following: ``, or the password
information covered by paragraph (4)''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by inserting after paragraph (3) the following:
``(4) a person or entity providing an electronic
communication service or a remote computing service to the
public shall not knowingly divulge to any person or entity the
password information pertaining to a subscriber or customer of
such service.'';
(2) in subsection (c), by inserting after ``(not including
the contents of communications covered by subsection (a)(1) or
(2)'' the following: ``, or the password information covered by
subsection (a)(4)'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Exceptions for Disclosure of Password Information.--A
provider described in subsection (a) may divulge the password
information pertaining to a subscriber or customer of such service--
``(1) as otherwise authorized in 2703 of this title;
``(2) with the lawful consent of the subscriber or
customer;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 2258A; or
``(5) to a governmental entity, if the provider, in good
faith, believes that an emergency involving danger of death or
serious physical injury to any person requires disclosure
without delay of password information relating to the
emergency.''; and
(5) in subsection (e), as so redesignated, by inserting
after ``subsection (b)(8)'' each place it appears, the
following: ``or (d)(5)''.
SEC. 3. INCREASED PROTECTIONS RELATING TO REQUIRED DISCLOSURE OF
CUSTOMER COMMUNICATIONS AND PASSWORD INFORMATION.
(a) In General.--Section 2703 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting after ``A
governmental entity may require the disclosure by a
provider of electronic communication service'' the
following: ``or remote computing service'';
(B) by striking ``in an electronic communications
system for one hundred and eighty days or less''; and
(C) by striking the second sentence;
(2) by amending subsection (b) to read as follows:
``(b) Password Information.--A governmental entity may require a
provider of electronic communication service or remote computing
service to disclose the password information pertaining to a subscriber
or customer of such service only pursuant to a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure (or in
the case of a State court, issued using State warrant procedures) by a
court of competent jurisdiction.'';
(3) in subsection (c)(1), by inserting after ``(not
including the contents of communications'' the following: ``or
the password information pertaining to a subscriber or customer
of such service''; and
(4) in subsection (d), by striking ``subsection (b) or
(c)'' and inserting ``subsection (c)''.
(b) Conforming Amendments.--Chapter 121 of title 18, United States
Code, is amended--
(1) in section 2701(c)(3), by striking ``, 2704,'';
(2) by repealing sections 2704 and 2705; and
(3) in section 2706, by striking ``section 2702, 2703, or
2704'' and inserting ``section 2702 or 2703''.
SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANSACTIONAL RECORDS
AVAILABLE PURSUANT TO A COUNTERINTELLIGENCE REQUEST.
Section 2709 of title 18, United States Code, is amended by
inserting after subsection (f), the following:
``(g) Password Information.--A request made pursuant to subsection
(b) for electronic communication transactional records may not include
a request for the password information pertaining to a subscriber or
customer of a provider of electronic communication service or remote
computing service.''.
SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TANGIBLE THINGS REQUIRED TO
BE PRODUCED THROUGH A FISA COURT ORDER.
Section 501(a)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861(a)(1)) is amended by inserting after ``tangible
things (including books, records, papers, documents, and other items''
the following: ``, but not including password information pertaining to
a customer or subscriber of a provider of electronic communication
service or remote computing service (as such terms are defined in
section 2510 and 2711 of title 18, United States Code, respectively)''. | Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. Provides exceptions from such prohibition to authorize such providers to disclose password information if it is: required by the government pursuant to a warrant; divulged with the customer's consent; incident to the rendition of the service or to the protection of the rights or property of the service provider; provided to the National Center for Missing and Exploited Children; or divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency. Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service. Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.) Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures. Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes. Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. | REAP Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Return on Investment Accountability
Act''.
SEC. 2. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by inserting after section 6427 the following
new section:
``SEC. 6428. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS.
``(a) In General.--There shall be allowed to the taxpayer with
respect to each eligible individual as a credit against the tax imposed
by subtitle A for a taxable year an amount equal to the individual
payor State amount.
``(b) Individual Payor State Amount.--For purposes of this
section--
``(1) In general.--The term `individual payor State amount'
means the amount that is the same proportion of the payor State
amount as the ratio that one bears to all eligible individuals
of the State for the calendar year preceding the calendar year
in which the taxable year begins.
``(2) Payor state amount.--The term `payor State amount'
means the amount equal to the excess (if any) of--
``(A) the Federal tax burden of the State for the
calendar year preceding the calendar year in which the
taxable year begins, over
``(B) the Federal outlays received by the State for
such preceding calendar year for the calendar year
preceding the calendar year in which the taxable year
begins.
``(3) Federal tax burden and federal outlays.--
``(A) In general.--The Secretary shall calculate
the Federal tax burden of each State for each calendar
year and the Federal outlays received by the State for
the calendar year.
``(B) Federal tax burden.--For purposes of
subparagraph (A), the Secretary shall--
``(i) treat all Federal taxes paid by
eligible individuals as a burden on the State
in which such individual resides; and
``(ii) treat all Federal taxes paid by a
legal business entity as a burden on the State
in which economic activity of such entity is
performed in the same proportion that the
economic activity of such entity in such State
bears to the economic activity of such entity
in all the States.
``(C) Federal outlays.--For purposes of
subparagraph (A), a Federal contract award shall be
treated as a Federal outlay received by each State in
which performance under the award takes place in the
same proportion that such performance in such State
bears to such performance in all the States.
``(4) Eligible individual.--
``(A) In general.--The term `eligible individual'
means any individual who is--
``(i) the taxpayer, the spouse of the
taxpayer, or a dependent of the taxpayer,
``(ii) a citizen of the United States or
lawfully present in the United States, and
``(iii) a resident of the payor State for
more than half of the taxable year.
``(B) Exception.--The term `eligible individual'
does not include--
``(i) any individual with respect to whom a
deduction under section 151 is allowable to
another taxpayer for a taxable year beginning
in the calendar year in which the individual's
taxable year begins, or
``(ii) an estate or trust.
``(c) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(d) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (e) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(e) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for a calendar year shall be treated as having made
a payment against the tax imposed by chapter 1 for such first
taxable year in an amount equal to the advance refund amount
for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for the taxable
year in which the calendar year begins (other than subsection
(d) and this subsection) had applied to such taxable year.
``(3) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(f) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include
on the return of tax for the taxable year--
``(A) such individual's valid identification
number, and
``(B) in the case of a joint return, the valid
identification number of such individual's spouse.
``(2) Valid identification number.--For purposes of
paragraph (1), the term `valid identification number' means a
social security number issued to an individual by the Social
Security Administration. Such term shall not include a TIN
issued by the Internal Revenue Service.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of
such Code is amended by inserting ``6428,'' after
``168(k)(4),''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2) of such Code is amended by striking ``and'' at the
end of subparagraph (P), by striking the period at the end of
subparagraph (R) and inserting ``, and'', and by inserting
after subparagraph (R) the following:
``(S) an omission of information required under
section 6428(f) to be included on a return.''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``6428,'' before ``or
6431''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by inserting after the item relating to
section 6427 the following new item:
``Sec. 6428. Payor State credit amount for individuals.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after one year after the date of the
enactment of this Act. | Return on Investment Accountability Act This bill amends the Internal Revenue Code to allow a refundable tax credit for eligible individuals who reside in states in which the federal tax burden of the state exceeds the federal outlays received by the state. An "eligible individual" is an individual who is: (1) the taxpayer, the spouse of the taxpayer, or a dependent of the taxpayer; (2) a citizen of the United States or lawfully present in the United States; and (3) a resident of the state for more than half of the year. The term does not include an estate, trust, or an individual for whom another taxpayer is allowed a deduction for a personal exemption. | Return on Investment Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Small Business Procurement
Parity Act''.
SEC. 2. SOLE SOURCE CONTRACTS FOR CERTAIN SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(1) in paragraph (2)(C), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) in paragraph (5), by striking ``(2)(F)'' each place it
appears and inserting ``(2)(E)''; and
(3) by adding at the end the following:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women in underrepresented industries.--A contracting officer
may award a sole source contract under this subsection to a
small business concern owned and controlled by women that meets
the requirements under paragraph (2)(A) if--
``(A) the small business concern owned and
controlled by women is in an industry in which small
business concerns owned and controlled by women are
underrepresented, as determined by the Administrator;
``(B) the contracting officer determines that the
small business concern owned and controlled by women is
a responsible contractor with respect to performance of
the contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract
opportunity assigned a North American Industry
Classification System code for manufacturing;
or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this subsection
to a small business concern owned and controlled by women that
meets the requirements under paragraph (2)(E) if--
``(A) the small business concern owned and
controlled by women is in an industry in which small
business concerns owned and controlled by women are
substantially underrepresented, as determined by the
Administrator;
``(B) the contracting officer determines that the
small business concern owned and controlled by women is
a responsible contractor with respect to performance of
the contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract
opportunity assigned a North American Industry
Classification System code for manufacturing;
or
``(ii) $4,000,000, in the case of any other
contract opportunity; and
``(D) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price.''.
(b) Reporting on Goals for Sole Source Contracts for Small Business
Concerns Owned and Controlled by Women.--Section 15(h)(2)(E)(viii) of
the Small Business Act (15 U.S.C. 644(h)(2)(E)(viii)) is amended--
(1) in subclause (IV), by striking ``and'' at the end;
(2) by redesignating subclause (V) as subclause (VIII); and
(3) by inserting after subclause (IV) the following:
``(V) through sole source contracts
awarded under section 8(m)(7);
``(VI) through sole source
contracts awarded under section
8(m)(8);
``(VII) by industry for contracts
described in subclause (III), (IV),
(V), or (VI); and''.
(c) Deadline for Report on Underrepresented Industries
Accelerated.--Section 29(o)(2) of the Small Business Act (15 U.S.C.
656(o)(2)) is amended--
(1) by striking ``5 years after the date of enactment of
this subsection'' and inserting ``January 2, 2015''; and
(2) by striking ``5-year period'' and inserting ``2-year or
5-year period, as applicable,''. | Women's Small Business Procurement Parity Act - Amends the Small Business Act to revise procurement program requirements for women-owned small businesses. Authorizes a contracting officer to award a sole source contract under this Act to small businesses owned and controlled by women if each of the businesses is at least 51% owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), and if: the small business is in an industry in which it is underrepresented, as determined by the Administrator of the Small Business Administration (SBA); the contracting officer determines that it is a responsible contractor; the anticipated award price of the contract, including options, is not more than: (1) $6.5 million, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (2) $4 million, in the case of any other contract opportunity; and the contract award can be made at a fair and reasonable price. Authorizes a contracting officer to award a sole source contract to a small business owned and controlled by women meeting the same criteria in an industry in which such businesses are substantially underrepresented if the small business also meets specified certification requirements. | Women's Small Business Procurement Parity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Mountain Front Heritage Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation management area.--The term ``Conservation
Management Area'' means the Rocky Mountain Front Conservation
Management Area established by section 3(a)(1).
(2) Decommission.--The term ``decommission'' means--
(A) to reestablish vegetation on a road; and
(B) to restore any natural drainage, watershed
function, or other ecological processes that are
disrupted or adversely impacted by the road by removing
or hydrologically disconnecting the road prism.
(3) District.--The term ``district'' means the Rocky
Mountain Ranger District of the Lewis and Clark National
Forest.
(4) Map.--The term ``map'' means the map entitled ``Rocky
Mountain Front Heritage Act'' and dated October 27, 2011.
(5) Nonmotorized recreation trail.--The term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, or equestrian use.
(6) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(7) State.--The term ``State'' means the State of Montana.
SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--There is established the Rocky Mountain
Front Conservation Management Area in the State.
(2) Area included.--The Conservation Management Area shall
consist of approximately 195,073 acres of Federal land managed
by the Forest Service and 13,087 acres of Federal land managed
by the Bureau of Land Management in the State, as generally
depicted on the map.
(3) Incorporation of acquired land and interests.--Any land
or interest in land that is located in the Conservation
Management Area and is acquired by the United States from a
willing seller shall--
(A) become part of the Conservation Management
Area; and
(B) be managed in accordance with--
(i) in the case of land managed by the
Forest Service--
(I) the Act of March 1, 1911
(commonly known as the ``Weeks Law'')
(16 U.S.C. 552 et seq.); and
(II) any laws (including
regulations) applicable to the National
Forest System;
(ii) in the case of land managed, by the
Bureau of Land Management, the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.);
(iii) this section; and
(iv) any other applicable law (including
regulations).
(b) Purposes.--The purposes of the Conservation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, historical,
cultural, fish, wildlife, roadless, and ecological values of the
Conservation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Management Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Management
Area; and
(B) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this section; and
(iv) any other applicable law (including
regulations).
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Conservation Management Area that the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--The use of motorized
vehicles in the Conservation Management Area
shall be permitted only on existing roads,
trails, and areas designated for use by such
vehicles as of the date of enactment of this
Act.
(ii) Exceptions.--Nothing in clause (i)
prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
determined to be appropriate by the
Secretary;
(II) constructing a temporary road
on which motorized vehicles are
permitted as part of a vegetation
management project in any portion of
the Conservation Management Area
located not more than \1/4\ mile from
the Teton Road, South Teton Road, Sun
River Road, Beaver Willow Road, or
Benchmark Road;
(III) authorizing the use of
motorized vehicles for administrative
purposes (including noxious weed
eradication or grazing management); or
(IV) responding to an emergency.
(iii) Temporary roads.--The Secretary shall
decommission any temporary road constructed
under clause (ii)(II) not later than 3 years
after the date on which the applicable
vegetation management project is completed.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Management Area, if established
on the date of enactment of this Act--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws; and
(ii) in a manner consistent with the
purposes described in subsection (b).
(D) Vegetation management.--Nothing in this Act
prevents the Secretary from conducting vegetation
management projects within the Conservation Management
Area--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (b).
SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the State is designated as
wilderness and as additions to existing components of the National
Wilderness Preservation System:
(1) Bob marshall wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 50,401 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Bob Marshall Wilderness designated
under section 3 of the Wilderness Act (16 U.S.C. 1132).
(2) Scapegoat wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 16,711 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Scapegoat Wilderness designated by
the first section of Public Law 92-395 (16 U.S.C. 1132 note).
(b) Management of Wilderness Additions.--Subject to valid existing
rights, the land designated as wilderness additions by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be deemed to be a
reference to the date of the enactment of this Act.
(c) Livestock.--The grazing of livestock and the maintenance of
existing facilities relating to grazing in the wilderness additions
designated by this section, if established before the date of enactment
of this Act, shall be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness additions designated by this section, the Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the Secretary
determines appropriate, the coordination of those activities with a
State or local agency.
(e) Adjacent Management.--
(1) In general.--The designation of a wilderness addition
by this section shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness addition designated by this section shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
(f) Overflights.--Nothing in this Act shall be construed to
restrict or preclude overflights, including low-level overflights,
including military, commercial, and general aviation overflights that
can be seen or heard within wilderness or the Conservation Management
Area.
SEC. 5. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the Conservation Management Area and the wilderness additions
designated by sections 3 and 4, respectively.
(b) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct typographical errors in
the map and legal descriptions.
(c) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and Bureau
of Land Management.
SEC. 6. NOXIOUS WEED MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall prepare a comprehensive
management strategy for preventing, controlling, and eradicating
noxious weeds in the district.
(b) Contents.--The management strategy shall--
(1) include recommendations to protect wildlife, forage,
and other natural resources in the district from noxious weeds;
(2) identify opportunities to coordinate noxious weed
prevention, control, and eradication efforts in the district
with State and local agencies, Indian tribes, nonprofit
organizations, and others;
(3) identify existing resources for preventing,
controlling, and eradicating noxious weeds in the district;
(4) identify additional resources that are appropriate to
effectively prevent, control, or eradicate noxious weeds in the
district; and
(5) identify opportunities to coordinate with county weed
districts in Glacier, Pondera, Teton, and Lewis and Clark
Counties in the State to apply for grants and enter into
agreements for noxious weed control and eradication projects
under the Noxious Weed Control and Eradication Act of 2004 (7
U.S.C. 7781 et seq.).
(c) Consultation.--In developing the management strategy required
under subsection (a), the Secretary shall consult with--
(1) the Secretary of the Interior;
(2) appropriate State, tribal, and local governmental
entities; and
(3) members of the public.
SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the district.
SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING.
Nothing in this Act affects the jurisdiction of the State with
respect to fish and wildlife management (including the regulation of
hunting and fishing) on public land in the State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Rocky Mountain Front Heritage Act of 2011- Establishes the Rocky Mountain Front Conservation Management Area in Montana.
Designates specified land within the Lewis and Clark National Forest in Montana as wilderness and as additions to existing components of the National Wilderness Preservation System (NWPS).
Directs the Secretary of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of Lewis and Clark National Forest.
Authorizes such Secretary to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. | A bill to establish the Rocky Mountain Front Conservation Management Area, to designate certain Federal land as wilderness, and to improve the management of noxious weeds in the Lewis and Clark National Forest, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Military Counterfeits Act
of 2010''.
SEC. 2. TRAFFICKING IN COUNTERFEIT MILITARY GOODS OR SERVICES.
(a) Trafficking in Counterfeit Military Goods or Services.--Section
2320 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Military goods or services.--
``(A) In general.--A person who commits an offense
under paragraph (1) with knowledge that the good or
service described in paragraph (1) is identified as
meeting military standards or is intended for use in a
military or national security application shall be
punished in accordance with subparagraph (B).
``(B) Penalties.--
``(i) Individual.--An individual who
commits an offense described in subparagraph
(A) shall be fined not more than $5,000,000,
imprisoned for not more than 20 years, or both.
``(ii) Person other than an individual.--A
person other than an individual that commits an
offense described in subparagraph (A) shall be
fined not more than $15,000,000.
``(C) Subsequent offenses.--
``(i) Individual.--An individual who
commits an offense described in subparagraph
(A) after the individual is convicted of an
offense under subparagraph (A) shall be fined
not more than $15,000,000, imprisoned not more
than 30 years, or both.
``(ii) Person other than an individual.--A
person other than an individual that commits an
offense described in subparagraph (A) after the
person is convicted of an offense under
subparagraph (A) shall be fined not more than
$30,000,000.''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking the period at the
end and inserting a semicolon;
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and a semicolon; and
(D) by adding at the end the following:
``(5) the term `identified as meeting military standards'
relating to a good or service--
``(A) means the good or service--
``(i) bears a label, tag, stamp, product
code, phrase, or emblem of any kind that
indicates that the good or service meets a
standard, requirement, or specification issued
by the Department of Defense, an Armed Force,
or a reserve component;
``(ii) is packaged in a wrapper, container,
box, case, or packaging of any type or nature
which bears a label, tag, stamp, product code,
phrase, or emblem of any kind which indicates
that the good or services meets a standard,
requirement, or specification issued by the
Department of Defense, an Armed Force, or a
reserve component; or
``(iii) is accompanied by or marketed with
a certificate or other oral or written
representation that the good or service meets a
standard, requirement, or specification issued
by the Department of Defense, an Armed Force,
or a reserve component; and
``(B) shall not apply to the identification of a
good or service in a manner that is unlikely to cause
confusion, to cause mistake, or to deceive; and
``(6) the term `use in a military or national security
application' means the use of a good or service, independently,
in conjunction with, or as a component of another good or
service--
``(A) during the performance of the official duties
of the Armed Forces of the United States or the reserve
components of the Armed Forces; or
``(B) by or for the United States in furtherance of
the national defense or national security.''.
(b) Sentencing Guidelines.--
(1) Directive.--Not later than 180 days after the date of
enactment of this Act, pursuant to is authority under section
994 of title 28, United States Code, and in accordance with
this subsection, the United States Sentencing Commission shall
review and amend the Federal sentencing guidelines and policy
statements application to persons convicted of an offense under
section 2320(a) of title 18, United States Code, to reflect the
intent of Congress that penalties for such offenses be
increased in comparison to those provided on the day before the
date of enactment of this Act under the guidelines and policy
statements.
(2) Requirements.--In amending the Federal Sentencing
Guidelines and policy statements under paragraph (1), the
United States Sentencing Commission shall--
(A) ensure that the guidelines and policy
statements, including section 2B5.3 of the Federal
Sentencing Guidelines (and any successor thereto),
reflect--
(i) the serious nature of the offenses
described in section 2320(a) of title 18,
United States Code;
(ii) the need for an effective deterrent
and appropriate punishment to prevent offenses
under section 2320(a) of title 18, United
States Code; and
(iii) the effectiveness of incarceration in
furthering the objectives described in clauses
(i) and (ii);
(B) consider the extent to which the guidelines
appropriately account for the risk, even if attenuated
or unknown to the offender, to members of the Armed
Forces of the United States, military readiness, and
national security resulting from an offense committed
under section 2320(a) of title 18, United States Code,
including in instances involving a limited value or
quantity of goods or services;
(C) ensure reasonable consistency with other
relevant directives and guidelines and Federal
statutes;
(D) make any necessary conforming changes to the
guidelines; and
(E) ensure that the guidelines relating to offenses
under section 2320(a) of title 18, United States Code,
adequately meet the purposes of sentencing, as
described in section 3553(a)(2) of title 18, United
States Code. | Combating Military Counterfeits Act of 2010 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services identified as meeting military standards or that are intended for use in a military or national security application.
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to reflect the intent of Congress to increase penalties for trafficking in counterfeit goods or services, including military good or services. | A bill to prohibit trafficking in counterfeit military goods or services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Americans Right of
Employment Act II'' or ``RARE Act II''.
SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED
EARLY RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``early retirement age (as defined in
section 216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``early retirement age (as defined in section
216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above early retirement age
(as defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting ``early
retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``early retirement age (as
defined in section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Early Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained early retirement age (as
defined in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Age 62.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of the
Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. 403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C.
402(w)(2)(B)(ii)) is amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(d) Effective Date.--The amendments and repeals made by subsections
(a), (b), and (c) shall apply with respect to taxable years ending
after December 31, 2002.
SEC. 3. USE OF ALL YEARS IN COMPUTATION.
(a) Use of All Years of Earnings in Benefit Computation.--Section
215(b)(2)(B) of the Social Security Act (42 U.S.C. 415(b)(2)(B)) is
amended by striking clauses (i) and (ii) and inserting the following:
``(i)(I) for calendar years before 2010, the term `benefit
computation years' means those computation base years equal in
number to the number determined under subparagraph (A) plus the
applicable number of years determined under subclause (III),
for which the total of such individual's wages and self-
employment income, after adjustment under paragraph (3), is the
largest;
``(II) for calendar years after 2009, the term `benefit
computation years' means all of the computation base years; and
``(III) for purposes of subclause (I), the applicable
number of years is the number of years specified in connection
with the year in which such individual reaches early retirement
age (as defined in section 216(l)(2)), or, if earlier, the
calendar year in which such individual dies, as set forth in
the following table:
``If such calendar year is: The applicable number of years is:
Before 2001............................................ 0
2001................................................... 1
2002................................................... 2
2003................................................... 3
2004................................................... 4
2005................................................... 5
2006................................................... 6
2007................................................... 7
2008................................................... 8
2009................................................... 9;
``(ii) the term `computation base years' means the calendar
years after 1950, except that such term excludes any calendar
year entirely included in a period of disability; and''.
(b) Conforming Amendment.--Section 215(b)(1)(B) of the Social
Security Act (42 U.S.C. 415(b)(1)(B)) is amended by striking ``in those
years'' and inserting ``in an individual's benefit computation years
determined under paragraph (2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefit computation years beginning after December 31, 2000.
SEC. 4. ACTUARIAL ADJUSTMENT FOR RETIREMENT.
(a) Early Retirement.--
(1) In general.--Section 202(q) of the Social Security Act
(42 U.S.C. 402(q)) is amended--
(A) in paragraph (1)(A), by striking ``\5/9\'' and
inserting ``the applicable fraction (determined under
paragraph (12))''; and
(B) by adding at the end the following:
``(12) For purposes of paragraph (1)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/9\;
``(B) 2001, is \7/12\;
``(C) 2002, is \11/18\;
``(D) 2003, is \23/36\;
``(E) 2004, is \2/3\; and
``(F) 2005 or any succeeding year, is \25/36\.''.
(2) Months beyond first 36 months.--Section 202(q) of such
Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is
amended--
(A) in paragraph (9)(A), by striking ``five-
twelfths'' and inserting ``the applicable fraction
(determined under paragraph (13))''; and
(B) by adding at the end the following:
``(13) For purposes of paragraph (9)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/12\;
``(B) 2001, is \16/36\;
``(C) 2002, is \16/36\;
``(D) 2003, is \17/36\;
``(E) 2004, is \17/36\; and
``(F) 2005 or any succeeding year, is \1/2\.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to individuals who attain the age of 62 in
years after 1999.
(b) Delayed Retirement.--Section 202(w)(6) of the Social Security
Act (42 U.S.C. 402(w)(6)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking ``2004.'' and
inserting ``2004 and before 2007;''; and
(3) by adding at the end the following:
``(E) \17/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2006 and before
2009;
``(F) \3/4\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2008 and before
2011;
``(G) \19/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2010 and before
2013; and
``(H) \5/6\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2012.''.
SEC. 5. NONREFUNDABLE CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL
RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following:
``SEC. 25B. CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL RETIREMENT
AGE.
``(a) In General.--In the case of a qualified individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the lesser of--
``(1) 10 percent of the amount of such tax, or
``(2) the earned income (as defined in section 32(b)(2)) of
such individual for such taxable year.
``(b) Application With Other Credits.--In determining any credit
allowed under this subpart, the tax imposed by this chapter shall
(before any other reductions) be reduced by the credit allowed under
subsection (a).
``(c) Qualified Individual.--For purposes of this section, the term
`qualified individual' means any individual who has attained retirement
age (as defined in section 216(l)(1) of the Social Security Act) before
the close of the taxable year.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following:
``Sec. 25B. Credit for individuals who
work beyond normal retirement
age.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Amends the Internal Revenue Code to allow a nonrefundable credit against income tax for qualified individuals who have attained early retirement age. | RARE Act II |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Consumer Freedom Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``a la carte'' means offering video
programming for purchase, whether on a wholesale or retail
basis, on an individual, per-channel basis rather than as part
of a package or tier of video programming;
(2) the terms ``channel'', ``multichannel video programming
distributor'', and ``video programming'' have the meaning given
those terms in section 602 of the Communications Act of 1934
(47 U.S.C. 522);
(3) the term ``Commission'' means the Federal
Communications Commission;
(4) the term ``local commercial television station'' has
the meaning given that term in section 614(h) of the
Communications Act of 1934 (47 U.S.C. 534(h));
(5) the term ``qualified local noncommercial educational
television station'' has the meaning given that term in section
615(l) of the Communications Act of 1934 (47 U.S.C. 535(l));
and
(6) the term ``video programming vendor'' has the meaning
given that term in section 76.1300 of subpart Q of part 76 of
subchapter C of chapter I of title 47, Code of Federal
Regulations (47 C.F.R. 76.1300).
SEC. 3. A LA CARTE CHANNELS OF VIDEO PROGRAMMING.
(a) In General.--Except as provided in section 623(b)(7) of the
Communications Act of 1934 (47 U.S.C. 543(b)(7)), and notwithstanding
any other provision of law, or any regulation prescribed by the
Commission, a multichannel video programming distributor may provide
subscribers with any channel of video programming on an la carte basis.
(b) Incentives To Offer Channels of Video Programming on an a La
Carte Basis.--Notwithstanding any other provision of law, or regulation
prescribed by the Commission--
(1) the retransmission by a multichannel video programming
distributor of a local commercial television station that has
elected retransmission consent under section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) shall not be
subject to the statutory license under sections 111(c) and 122
of title 17, United States Code, if the multichannel video
programming distributor does not offer such local commercial
television station, and any other channels of video programming
under common control with such local commercial television
station, for purchase by subscribers on an a la carte basis;
(2) a local commercial television station may not elect
retransmission consent under section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) or avail itself
of the protections of the network program non-duplication and
syndicated exclusivity regulations under subpart F of part 76
of subchapter C of chapter I of title 47, Code of Federal
Regulations (47 C.F.R. 76.92 et seq.), if such local commercial
television station, and any other channels of video programming
under common control with such local commercial television
station, is not made available to multichannel video
programming distributors for purchase or sale on an a la carte
basis; and
(3) a video programming vendor may offer a channel of video
programming for purchase by a multichannel video programming
distributor as part of a package of video programming only if
such video programming vendor also offers such channel of video
programming for purchase by the multichannel video programming
distributor on an a la carte basis.
(c) Minimum Contents of Basic Tier.--The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended--
(1) in section 623 (47 U.S.C. 543)--
(A) in subsection (b)(7)(A)--
(i) by striking clauses (i) and (iii);
(ii) by redesignating clause (ii) as clause
(i); and
(iii) by adding at the end the following:
``(ii) All local commercial television
stations and qualified low power stations
carried in fulfillment of the election under
section 325(b) by the station of its right to
mandatory carriage under section 614.
``(iii) All qualified local noncommercial
educational television stations carried in
fulfillment of a request for carriage under
section 615.''; and
(B) in subsection (l), by adding at the end the
following:
``(3) The terms `local commercial television station' and
`qualified low power station' have the meaning given those
terms in section 614(h).'';
(2) in section 614(b) (47 U.S.C. 534(b))--
(A) by striking paragraph (6) and redesignating
paragraphs (7), (8), (9), and (10) as paragraphs (6),
(7), (8), and (9), respectively; and
(B) in paragraph (6), as redesignated, by striking
``Signals carried in fulfillment of the requirements of
this section'' and inserting ``All local commercial
television stations and qualified low power stations
carried in fulfillment of the election by the station
of its right to mandatory carriage under this
section''; and
(3) in section 615(h) (47 U.S.C. 535(h)), by striking
``lowest priced service tier that includes the retransmission
of local commercial television broadcast signals.'' and
inserting ``basic service tier.''.
(d) Disclosure Requirement.--If a multichannel video programming
distributor and a video programming vendor fail to reach agreement
regarding the terms, including price, for the purchase by the
multichannel video programming distributor of the right to provide
subscribers with a local commercial television station or other channel
of video programming from the video programming vendor on an a la carte
basis, the multichannel video programming distributor and the video
programming vendor each shall disclose to the Commission the terms of
the most recent offer made by the multichannel video programming
distributor and the video programming vendor, respectively.
SEC. 4. SPECTRUM USE IN THE PUBLIC INTEREST.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) after paragraph (5), by inserting the following:
``(6) Parity for over-the-air and multichannel video
programming viewers.--
``(A) In general.--A television broadcast station
that does not retransmit the signal over-the-air that
is identical to the signal retransmitted to a
multichannel video programming distributor shall
forfeit any spectrum license of such television
broadcast station.
``(B) Reallocation and reassignment of spectrum
license.--Any spectrum license forfeited pursuant to
subparagraph (A) shall be reallocated and reassigned by
the Commission pursuant to section 309(j).
``(C) Exception.--Subparagraph (A) shall not apply
to content that is a commercial advertisement that is
not more than 60 seconds in duration.
``(D) Definitions.--In this paragraph--
``(i) the terms `multicast stream' and
`primary stream' have the meaning given those
terms in section 119(d) of title 17, United
States Code; and
``(ii) the term `multichannel video
programming distributor' has the meaning given
that term in section 602 (47 U.S.C. 522).''.
SEC. 5. SPORTS BLACKOUT REPEAL FOR PUBLICLY FINANCED STADIUMS.
The Commission shall amend subpart F of part 76 of subchapter C of
chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et
seq.), to prohibit the application of sports blackout regulations to
the broadcast of a sporting event taking place in a venue the
construction of which was financed, in whole or in part, by the Federal
Government or a State or local government. | Television Consumer Freedom Act of 2013 - Allows multichannel video programming distributors (MVPDs) (including cable operators, multichannel multipoint distribution services, direct broadcast satellite services, or television receive-only satellite program distributors), except with respect to the minimum contents of programming required for basic tier service, to provide subscribers with any channel of video programming on an a la carte basis. Defines "a la carte" as offering video programming for wholesale or retail purchase on an individual, per-channel basis rather than as part of a package or tier of video programming. Amends the Communications Act of 1934 to modify the types of programming constituting the minimum contents of basic tier service. Conditions the availability of the statutory copyright license to an MVPD on the MVPD offering local commercial television stations, and any other channels of video programming under common control with such stations, for purchase by subscribers on an a la carte basis.Prohibits a local commercial television station from electing retransmission consent or availing itself of the protections of network program non-duplication and syndicated exclusivity regulations if such station, and any other channels of video programming under common control with such station, is not made available to MVPDs for purchase or sale on an a la carte basis. Permits a video programming vendor to offer a channel of video programming for purchase by an MVPD as part of a package only if the vendor also offers such channel for the MVPD's purchase on an a la carte basis. Requires MVPDs and video programming vendors negotiating a la carte carriage agreements to each disclose to the Federal Communications Commission (FCC) the terms of their most recent offers, including price, if the parties fail to agree. Requires a television broadcast station that does not retransmit an over-the-air signal identical to the signal retransmitted to an MVPD to forfeit any spectrum license of the station to the FCC for auctioning. Exempts commercial advertisements of up to 60 seconds in duration. Directs the FCC to prohibit sports blackout regulations (commonly resulting in the non-airing of sporting events in local geographic markets when tickets at the venue are not sold out) from applying to the broadcast of a sporting event taking place in a venue the construction of which was financed in any part by the federal, state, or local government. | Television Consumer Freedom Act of 2013 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Cancer Care
Planning and Communications Act of 2018''.
(b) Findings.--Congress makes the following findings:
(1) Cancer care in the United States is often described as
the best in the world because patients have access to many
treatment options, including cutting-edge therapies that save
lives and improve the quality of life.
(2) Access to the best treatment options is not equal
across all populations and in all communities. The 1999
Institute of Medicine report entitled ``The Unequal Burden of
Cancer'' found that low-income people often lack access to
adequate cancer care and that ethnic minorities have not
benefitted fully from cancer treatment advances.
(3) In addition, despite access to high-quality treatment
options for many, individuals with cancer often do not have
access to a cancer care system that incorporates shared
decision-making and the coordination of all elements of care.
(4) Cancer survivors often experience the under-diagnosis
and under-treatment of the symptoms of cancer and side effects
of cancer treatment, a problem that begins at the time of
diagnosis and may become more severe with disease progression
and at the end of life. The failure to treat the symptoms, side
effects, and late effects of cancer and cancer treatment may
have a serious adverse impact on the health, survival, well-
being, and quality of life of cancer survivors.
(5) Individuals with cancer often do not participate in a
shared decision-making process that considers all treatment
options and do not benefit from coordination of all elements of
active treatment and palliative care.
(6) Quality cancer care should incorporate access to
psychosocial services and management of the symptoms of cancer
and the symptoms of cancer treatment, including pain, nausea,
vomiting, fatigue, and depression.
(7) Quality cancer care should include a means for engaging
cancer survivors in a shared decision-making process that
produces a comprehensive care summary and a plan for follow-up
care after primary treatment to ensure that cancer survivors
have access to follow-up monitoring and treatment of possible
late effects of cancer and cancer treatment, including
appropriate psychosocial services.
(8) The Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' described the elements of quality care
for an individual with cancer to include--
(A) the development of initial treatment
recommendations by an experienced health care provider;
(B) the development of a plan for the course of
treatment of the individual and communication of the
plan to the individual;
(C) access to the resources necessary to implement
the course of treatment;
(D) access to high-quality clinical trials;
(E) a mechanism to coordinate services for the
treatment of the individual; and
(F) psychosocial support services and compassionate
care for the individual.
(9) In its report ``From Cancer Patient to Cancer Survivor:
Lost in Transition'', the Institute of Medicine recommended
that individuals with cancer completing primary treatment be
provided a comprehensive summary of their care along with a
follow-up survivorship plan of treatment.
(10) In ``Cancer Care for the Whole Patient'', the
Institute of Medicine stated that the development of a plan
that includes biomedical and psychosocial care should be a
standard for quality cancer care in any quality measurement
system.
(11) The Commission on Cancer has encouraged survivorship
care planning by making the development of such plans for
patients one of the standards of accreditation for cancer care
providers, but cancer care professionals report difficulties
completing the plans.
(12) Because more than half of all cancer diagnoses occur
among elderly Medicare beneficiaries, addressing cancer care
inadequacies through Medicare reforms will provide benefits to
millions of Americans. Providing Medicare beneficiaries more
routine access to cancer care plans and survivorship care plans
is a key to shared decisionmaking and better coordination of
care.
(13) Important payment and delivery reforms that
incorporate cancer care planning and coordination are already
being tested in the Medicare program; the Oncology Care Model
has been implemented in a number of oncology practices, and
additional models that will include care planning have been
proposed.
(14) The alternative payment models, including the Oncology
Care Model, provide access to cancer care planning for Medicare
beneficiaries who receive their cancer care in practices that
are part of the Oncology Care Model. Other Medicare
beneficiaries who are not enrolled in these delivery
demonstrations may not have access to a cancer care plan or
appropriate care coordination.
(15) The failure to provide a cancer care plan to patients
in many care settings relates in part to inadequate Medicare
payment for such planning and coordination services.
(16) Changes in Medicare payment for cancer care planning
and coordination will support shared decisionmaking that
reviews all treatment options and will contribute to improved
care for individuals with cancer from the time of diagnosis
through the end of the life. Medicare payment for cancer care
planning may begin a reform process that helps us realize the
well-planned and well-coordinated cancer care that has been
recommended by the Institute of Medicine/National Academy of
Medicine and that is preferred by cancer patients across the
Nation.
SEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(FF);
(B) by adding ``and'' at the end of subparagraph
(GG); and
(C) by adding at the end the following new
subparagraph:
``(HH) cancer care planning and coordination services (as
defined in subsection (jjj))''; and
(2) by adding at the end the following new subsection:
``Cancer Care Planning and Coordination Services
``(jjj)(1) The term `cancer care planning and coordination
services' means--
``(A) with respect to an individual who is diagnosed with
cancer, the development of a treatment plan by a physician,
nurse practitioner, or physician assistant that--
``(i) includes an assessment of the individual's
diagnosis, health status, treatment needs, functional
status, pain control, and psychosocial needs;
``(ii) engages the individual in a shared decision-
making process that reviews all treatment options;
``(iii) details, to the greatest extent practicable
all aspects of the care to be provided to the
individual with respect to the treatment of such
cancer, including any curative treatment, comprehensive
symptom management, and palliative care;
``(iv) is furnished in person, in written form, to
the individual within a period specified by the
Secretary that is as soon as practicable after the date
on which the individual is so diagnosed;
``(v) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(vi) is in accordance with standards determined
by the Secretary to be appropriate;
``(B) with respect to an individual for whom a treatment
plan has been developed under subparagraph (A), the revision of
such treatment plan as necessary to account for any substantial
change in the condition of the individual, recurrence of
disease, changes in the individual's treatment preferences, or
significant revision of the elements of curative care or
symptom management for the individual, if such revision--
``(i) is in accordance with clauses (i), (ii), (iv)
and (v) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision;
``(C) with respect to an individual who has completed the
primary treatment for cancer, as defined by the Secretary, the
development of a follow-up survivorship care plan that--
``(i) includes an assessment of the individual's
diagnosis, health status, treatment needs, functional
status, pain control, and psychosocial needs;
``(ii) engages the individual in a shared decision-
making process that reviews all survivorship care
options;
``(iii) describes the elements of the primary
treatment, including symptom management and palliative
care, furnished to such individual;
``(iv) provides recommendations for the subsequent
care of the individual with respect to the cancer
involved;
``(v) is furnished, in person, in written form, to
the individual within a period specified by the
Secretary that is as soon as practicable after the
completion of such primary treatment;
``(vi) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(vii) is in accordance with standards determined
by the Secretary to be appropriate; and
``(D) with respect to an individual for whom a follow-up
cancer care plan has been developed under subparagraph (C), the
revision of such plan as necessary to account for any
substantial change in the condition of the individual,
diagnosis of a second cancer, change in the individual's
preference for survivorship care, or significant revision of
the plan for follow-up care, if such revision--
``(i) is in accordance with clauses (i), (ii),
(iii), (v), and (vi) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision.
``(2) The Secretary shall establish standards to carry out
paragraph (1) in consultation with appropriate organizations
representing suppliers and providers of services related to cancer
treatment and organizations representing survivors of cancer. Such
standards shall include standards for determining the need and
frequency for revisions of the treatment plans and follow-up
survivorship care plans based on changes in the condition of the
individual or elements and intent of treatment and standards for the
communication of the plan to the individual.
``(3) In this subsection, the term `shared decision-making process'
means, with respect to an individual, a process in which the individual
and the individual's health care providers consider the individual's
diagnosis, treatment options, the medical evidence related to treatment
options, the risks and benefits of all treatment options, and the
individual's preferences regarding treatment, and then jointly develop
and implement a treatment plan.''.
(b) Payment Under Physician Fee Schedule.--
(1) In general.--Section 1848(j)(3) of the Social Security
Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(HH),''
after ``health risk assessment),''.
(2) Initial rates.--Unless the Secretary of Health and
Human Services otherwise provides, the payment rate specified
under the physician fee schedule under the amendment made by
paragraph (1) for cancer care planning and coordination
services shall be the same payment rate as provided for
transitional care management services (as defined in CPT code
99496).
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act. | Cancer Care Planning and Communications Act of 2018 This bill provides for Medicare coverage and payment of cancer care planning and coordination services. | Cancer Care Planning and Communications Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Independence for
Seniors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Community-based services play an essential role in
keeping individuals healthy.
(2) Without community-based long-term services and
supports, which are not typically covered by Medicare, seniors
frequently experience negative health outcomes and lose their
ability to live independently.
(3) Seniors who deplete their resources often have no
option but to turn to Medicaid for coverage of long-term care
expenses.
(4) Targeting community-based services and supports to at-
risk seniors can help these individuals avoid depleting their
assets and becoming Medicaid dependent.
SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the Secretary) shall establish a
Community-Based Institutional Special Needs Plan demonstration program
(in this section referred to as the CBI-SNP demonstration program) to
prevent and delay institutionalization under the Medicaid program among
eligible low-income Medicare beneficiaries.
(b) Establishment.--
(1) In general.--The Secretary shall enter into agreements
with not more than 5 eligible MA plans to conduct the CBI-SNP
demonstration program. Each such eligible MA plan may enroll up
to 1,000 eligible low-income Medicare beneficiaries (including
new enrollees) in such program.
(2) Use of part c rebate to furnish certain benefits.--
Under the CBI-SNP demonstration program, an eligible MA plan
selected to participate in such program shall use the rebate
that the plan is required (under section 1854 of the Social
Security Act (42 U.S.C. 13954-24)) to provide to eligible low-
income Medicare beneficiaries enrolled in the plan in order to
furnish, as supplemental benefits under section 1852(a)(3) of
such Act (42 U.S.C. 1395w-22(a)(3)) and notwithstanding any
waivers under section 1915(c) of such Act (42 U.S.C. 1396n(c)),
benefits to such beneficiaries, including long-term care
services and supports, that the Secretary determines
appropriate for the purposes of the CBI-SNP demonstration
program, such as--
(A) homemaker services;
(B) home delivered meals;
(C) transportation services;
(D) respite care;
(E) adult day care services; and
(F) non-Medicare-covered safety and other
equipment.
(c) Eligible MA Plan.--In this section, the term eligible MA plan
means a specialized MA plan for special needs individuals (as defined
in section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w-
28(b)(6))) that--
(1) has experience in offering special needs plans for
nursing home-eligible, non-institutionalized Medicare
beneficiaries who live in the community;
(2) has experience working with low income beneficiaries,
including low income beneficiaries dually eligible for benefits
under titles XVIII and XIX of such Act;
(3) has a service area in a State that has agreed to make
available to the Secretary Medicaid data necessary for purposes
of conducting the independent evaluation required under
subsection (j); and
(4) meets such other criteria as the Secretary may require.
(d) Eligible Low-Income Medicare Beneficiary Defined.--In this
section, the term eligible low-income Medicare beneficiary means an
individual who is--
(1) a Medicare Advantage eligible individual (as defined in
section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w-
21(a)(3)));
(2) a subsidy eligible individual (as defined in section
1860D-14(a)(3)(A) of such Act (42 U.S.C. 1395w-114(a)(3)(A)));
(3) not eligible to receive benefits under title XIX of the
Social Security Act;
(4) unable to perform two or more activities of daily
living (as defined in section 7702B(c)(2)(B) of the Internal
Revenue Code of 1986); and
(5) age 65 or older.
(e) Special Election Period.--Notwithstanding sections
1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii) of the Social Security Act (42
U.S.C. 1395w-21(e)(2)(C); 1395w-101(b)(1)(B)(iii)), an eligible
Medicare beneficiary may, other than during the annual, coordinated
election periods under such sections--
(1) discontinue enrollment in a Medicare Advantage plan not
participating in the CBI-SNP demonstration program and enroll
in an eligible MA plan participating in such program if the
beneficiary resides in the participating plan's service area;
and
(2) discontinue enrollment under the original medicare fee-
for-service program under parts A and B of title XVIII of such
Act and the enrollment in a prescription drug plan under part D
of such title and enroll in an eligible MA plan participating
in the CBI-SNP demonstration program if the beneficiary resides
in the participating plan's service area.
(f) Beneficiary Education.--The Secretary shall help to educate
eligible Medicare beneficiaries on the availability of the CBI-SNP
demonstration program through State Health Insurance Assistance
Programs and other organizations dedicated to assisting seniors with
Medicare benefits and enrollment.
(g) Duration.--The CBI-SNP demonstration program shall be
implemented not later than January 1, 2018, and shall be conducted for
a period of 5 years.
(h) Budget Neutrality.--In conducting the CBI-SNP demonstration
program, the Secretary shall ensure that the aggregate payments made by
the Secretary do not exceed the amount which the Secretary estimates
would have been expended under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP
demonstration program had not been implemented.
(i) Expansion of Demonstration Program.--Taking into account the
evaluation under subsection (j), the Secretary may, through notice and
comment rulemaking, expand (including implementation on a nationwide
basis) the duration and scope of the CBI-SNP demonstration program
under title XVIII of the Social Security Act, other than under the
original medicare fee-for-service program under parts A and B of such
title, to the extent determined appropriate by the Secretary, if the
requirements of paragraphs (1), (2) and (3) of subsection (c) of
section 1115A of the Social Security Act (42 U.S.C. 1315a), as applied
to the testing of a model under subsection (b) of such section, applied
to the CBI-SNP demonstration program.
(j) Independent Evaluation and Reports.--
(1) Independent evaluation.--The Secretary shall provide
for the evaluation of the CBI-SNP demonstration program by an
independent third party. Such evaluation shall be completed
using evaluation criteria that are clearly articulated prior to
the implementation of such program. Such criteria shall include
specific goals of such program, hypotheses being tested, and
clear data collection and reporting requirements, recognizing
that definitions, benefits, and program requirements for long-
term care services and supports vary across States. Such
evaluation shall determine whether the CBI-SNP demonstration
program has--
(A) improved patient care;
(B) reduced hospitalizations or rehospitalizations;
(C) reduced or delayed Medicaid nursing facility
admissions and lengths of stay;
(D) reduced spend down of income and assets for
purposes of becoming eligible for Medicaid; and
(E) improved quality of life for the demonstration
population and beneficiary and caregiver satisfaction.
(2) Reports.--Not later than January 1, 2022, the Secretary
shall submit to Congress a report containing the results of the
evaluation conducted under paragraph (1), together with such
recommendations for legislative or administrative action as the
Secretary determines appropriate. In preparing such report, the
Secretary shall use at least 3 years worth of data under the
CBI-SNP demonstration program.
(k) Funding.--
(1) Funding for implementation.--For purposes of
administering the CBI-SNP demonstration program (other than the
evaluation and report under subsection (j)), the Secretary
shall provide for the transfer from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
1395t), in such proportion as the Secretary determines
appropriate, of $3,000,000 to the Centers for Medicare &
Medicaid Services Program Management Account.
(2) Funding for evaluation and report.--For purposes of
carrying out the evaluation and report under subsection (j),
the Secretary shall provide for the transfer from the Federal
Hospital Insurance Trust Fund under such section 1817 and the
Federal Supplementary Medical Insurance Trust Fund under such
section 1841, in such proportion as the Secretary determines
appropriate, of $500,000 to the Centers for Medicare & Medicaid
Services Program Management Account.
(3) Availability.--Amounts transferred under paragraph (1)
or (2) shall remain available until expended.
(l) Paperwork Reduction Act.--Chapter 35 of title 44, United States
Code, shall not apply to the testing and evaluation of the CBI-SNP
demonstration program. | Community-Based Independence for Seniors Act This bill establishes a Community-Based Institutional Special Needs Plan demonstration program, through which the Centers for Medicare & Medicaid Services (CMS) shall target home- and community-based services to low-income seniors who are unable to perform two or more activities of daily living and are eligible for Medicare Advantage (MA) but not for Medicaid. An MA plan that is selected to participate in the program must use certain payments from CMS to provide those beneficiaries with services and supports such as homemaker services, home-delivered meals, transportation services, respite care, adult daycare, and certain equipment. The bill establishes a special election period during which an eligible beneficiary may switch to an MA plan that participates in the program. | Community-Based Independence for Seniors Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forced Abortion Condemnation Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Forced abortion was rightly denounced as a crime
against humanity by the Nuremberg War Crimes Tribunal.
(2) For over 15 years there have been frequent and credible
reports of forced abortion and forced sterilization in
connection with the population control policies of the People's
Republic of China. These reports indicate the following:
(A) Although it is the stated position of the
politburo of the Chinese Communist Party that forced
abortion and forced sterilization have no role in the
population control program, in fact the Communist
Chinese Government encourages both forced abortion and
forced sterilization through a combination of strictly
enforced birth quotas and immunity for local population
control officials who engage in coercion. Officials
acknowledge that there have been instances of forced
abortions and sterilization, and no evidence has been
made available to suggest that the perpetrators have
been punished.
(B) People's Republic of China population control
officials, in cooperation with employers and works unit
officials, routinely monitor women's menstrual cycles
and subject women who conceive without government
authorization to extreme psychological pressure, to
harsh economic sanctions, including unpayable fines and
loss of employment, and often to physical force.
(C) Official sanctions for giving birth to
unauthorized children include fines in amounts several
times larger than the per capita annual incomes of
residents of the People's Republic of China. In Fujian,
for example, the average fine is estimated to be twice
a family's gross annual income. Families which cannot
pay the fine may be subject to confiscation and
destruction of their homes and personal property.
(D) Especially harsh punishments have been
inflicted on those whose resistance is motivated by
religion. For example, according to a 1995 Amnesty
International report, the Catholic inhabitants of 2
villages in Hebei Province were subjected to population
control under the slogan ``better to have more graves
than one more child''. Enforcement measures included
torture, sexual abuse, and the detention of resisters'
relatives as hostages.
(E) Forced abortions in Communist China often have
taken place in the very late stages of pregnancy.
(F) Since 1994 forced abortion and sterilization
have been used in Communist China not only to regulate
the number of children, but also to eliminate those who
are regarded as defective in accordance with the
official eugenic policy known as the ``Natal and Health
Care Law''.
SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF PERSONS IN THE
PEOPLE'S REPUBLIC OF CHINA ENGAGED IN ENFORCEMENT OF
FORCED ABORTION POLICY.
The Secretary of State may not issue any visa to, and the Attorney
General may not admit to the United States, any national of the
People's Republic of China, including any official of the Communist
Party or the Government of the People's Republic of China and its
regional, local, and village authorities (except the head of state, the
head of government, and cabinet level ministers) who the Secretary
finds, based on credible information, has been involved in the
establishment or enforcement of population control policies resulting
in a woman being forced to undergo an abortion against her free choice,
or resulting in a man or woman being forced to undergo sterilization
against his or her free choice.
SEC. 4. WAIVER.
The President may waive the requirement contained in section 3 with
respect to a national of the People's Republic of China if the
President--
(1) determines that it is in the national interest of the
United States to do so; and
(2) provides written notification to the Congress
containing a justification for the waiver.
Passed the House of Representatives November 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Forced Abortion Condemnation Act - Prohibits the Secretary of State from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national (including any Communist Party official or Chinese Government official) that has been found to have been involved in the enforcement of population control policies resulting in a woman being forced to undergo an abortion against her free choice, or resulting in a man or woman being forced to undergo sterilization against his or her free choice. Authorizes the President to waive such prohibition if: (1) it is in the national interest of the United States; and (2) the Congress is notified in writing. | Forced Abortion Condemnation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Affordability and Lifetime
Savings Act''.
SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS CONVERTED TO CREDIT.
(a) In General.--Section 221 of the Internal Revenue Code of 1986
(relating to interest on education loans) is hereby moved to subpart A
of part IV of subchapter B of chapter 1 of such Code, inserted after
section 25B, and redesignated as section 25C.
(b) Conversion to 50 Percent Credit.--Subsection (a) of section 25C
of such Code, as redesignated by subsection (a), is amended to read as
follows:
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 50 percent of the interest paid
by the taxpayer during the taxable year on any qualified education
loan.''.
(c) Limitation Based on Modified Adjusted Gross Income.--Subsection
(b) of section 25C of such Code, as redesignated by subsection (a), is
amended to read as follows:
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be allowed as a credit under this section shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount which would be so allowed as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $75,000 ($150,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(2) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income determined without regard to sections
911, 931, and 933.
``(3) Inflation adjustments.--
``(A) In general.--In the case of a taxable year
beginning after 2003, the $75,000 and $150,000 amounts
in paragraph (1)(A)(ii) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2002'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of
$5,000.''.
(d) Technical Amendments.--
(1) Section 25C of such Code, as so redesignated, is
amended by striking subsection (f).
(2) Subsection (c) of section 25C of such Code, as so
redesignated, is amended by striking ``Deduction'' in the
heading and inserting ``Credit'' and by striking ``deduction''
the first place it appears in the text and inserting
``credit''.
(3) Paragraphs (1) and (2) of section 25C(e) of such Code,
as so redesignated, are each amended by striking ``deduction''
the first place it appears in each such paragraph and inserting
``credit''.
(4) Section 62(a) of such Code is amended by striking
paragraph (17).
(5) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A),
219(g)(3)(A)(ii), and 222(b)(2)(C)(ii) of such Code are each
amended by striking ``221,''.
(6) Subparagraph (F) of section 163(h)(2) of such Code is
amended to read as follows:
``(F) any interest taken into account under section
25C (relating to interest on educational loans).''.
(7) Section 469(i)(3)(F)(iii) of such Code is amended by
striking ``, 222,''.
(8) Section 6050S(e) is amended by striking ``section
221(d)(1)'' and inserting ``section 25C(d)(1)''.
(9) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221.
(10) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Interest on Education
Loans.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS.
Subsection (f) of section 108 of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(4) Loan forgiveness for teachers and other public
servants.--In the case of an individual, gross income does not
include any amount which (but for this paragraph) would be
includible in gross income by reason of the discharge (in whole
or in part) of any loan if--
``(A) such discharge was pursuant to section 428J,
428K, 460, or 460A of the Higher Education Act of 1965
(20 U.S.C. 1078-10); or
``(B) such loan is an applicable loan (as defined
in section 6103(l)(13)(C)), the repayment amounts on
such loan are based in whole or in part on the
taxpayer's income, and such discharge is the result of
the expiration of the period during which the taxpayer
is obligated to repay such loan.'' | College Affordability and Lifetime Savings Act - Amends the Internal Revenue Code to: (1) convert the current deduction for interest on education loans to a credit equal to 50 percent of the interest paid during the taxable year on any qualified education loan; and (2) exclude from gross income amounts which would be included under specified loan forgiveness programs for teachers and other public servants. | To make college debt more affordable, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income and Rural School
Program''.
SEC. 2. PROGRAM AUTHORIZED.
(a) Reservations.--From amounts appropriated under section 7 for
this Act for a fiscal year, the Secretary shall reserve \1/2\ of 1
percent to make awards to elementary or secondary schools operated or
supported by the Bureau of Indian Affairs to carry out the purpose of
this Act.
(b) Grants to States.--
(1) In general.--From amounts appropriated under section 7
for this Act that are not reserved under subsection (a), the
Secretary shall award grants for a fiscal year to State
educational agencies that have applications approved under
section 4 to enable the State educational agencies to award
subgrants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
(2) Allocation.--From amounts appropriated for this Act,
the Secretary shall allocate to each State educational agency
for a fiscal year an amount that bears the same ratio to the
amount of funds appropriated under section 7 for this Act that
are not reserved under subsection (a) as the number of students
in average daily attendance served by eligible local
educational agencies in the State bears to the number of all
such students served by eligible local educational agencies in
all States for that fiscal year.
(3) Direct awards to specially qualified agencies.--
(A) Nonparticipating state.--If a State educational
agency elects not to participate in the program under
this Act or does not have an application approved under
section 4 a specially qualified agency in such State
desiring a grant under this Act shall apply directly to
the Secretary to receive such a grant.
(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
(c) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this Act if--
(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
(B) all of the schools served by the agency are
located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary
of Agriculture.
(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
Act shall be used for--
(1) educational technology, including software and
hardware;
(2) professional development;
(3) technical assistance;
(4) teacher recruitment and retention;
(5) parental involvement activities; or
(6) academic enrichment programs.
SEC. 3. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of students
in average daily attendance served by the eligible local
educational agencies or schools (as appropriate) in the State,
as determined by the State.
(b) Administrative Costs.--A State educational agency receiving a
grant under this Act may not use more than 5 percent of the amount of
the grant for State administrative costs.
SEC. 4. APPLICATIONS.
Each State educational agency and specially qualified agency
desiring to receive a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Such application shall
include specific measurable goals and objectives to be achieved which
may include specific educational goals and objectives relating to
increased student academic achievement, decreased student drop-out
rates, or such other factors that the State educational agency or
specially qualified agency may choose to measure.
SEC. 5. REPORTS.
(a) State Reports.--Each State educational agency that receives a
grant under this Act shall provide an annual report to the Secretary.
The report shall describe--
(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how local educational agencies and schools used funds
provided under this Act; and
(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 4.
(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this Act shall provide an annual
report to the Secretary. Such report shall describe--
(1) how such agency uses funds provided under this Act; and
(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 2(b)(4)(A).
(c) Report to Congress.--The Secretary shall prepare and submit to
the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
(1) the methods the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how eligible local educational agencies and schools
used funds provided under this Act; and
(3) progress made in meeting specific measurable
educational goals and objectives.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(2) The term ``specially qualified agency'' means an
eligible local educational agency, located in a State that does
not participate in a program under this Act in a fiscal year,
that may apply directly to the Secretary for a grant in such
year in accordance with section 2(b)(4).
(3) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$125,000,000 for fiscal year 2000 and such sums as may be necessary for
each of 4 succeeding fiscal years. | Directs the Secretary of Education to make grants to State educational agencies (SEAs) for elementary and secondary education development by LEAs that are eligible if: (1) 20 percent or more of the children aged five through 17, whom the LEA serves, are from families with incomes below the poverty line; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9).
Reserves a specified portion of grant funds for schools operated or supported by the Bureau of Indian Affairs.
Sets forth an allotment formula for grants to SEAs to make grants to eligible LEAs.
Authorizes the Secretary to make direct competitive grants to specially qualified LEAs in nonparticipating States. Bases LEA eligibility for such grants on the same criteria as that for LEAs to receive State grants in participating States.
Requires such LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs.
Requires SEAs to award grants on a competitive or formula basis. Limits to five percent that portion of a grant which may be used for State administrative costs.
Requires grant program reports by SEAs, specially qualified LEAs, and the Secretary.
Authorizes appropriations. | Low-Income and Rural School Program |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Survivors' Rights
Act''.
SEC. 2. DEFINITION OF SEXUAL ASSAULT SURVIVOR.
In this Act, the term ``sexual assault survivor'' includes a
deceased victim of sexual assault.
SEC. 3. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Title 18, United States Code, is amended by adding
after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual
assault evidence collection kit or its probative
contents preserved, without charge, for the duration of
the maximum applicable statute of limitations;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as
part of a medical forensic examination, if such
disclosure would not impede or compromise an ongoing
investigation; and
``(C) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
``(3) The right, if the Government intends to destroy or
dispose of a sexual assault evidence collection kit or its
probative contents before the expiration of the maximum
applicable statute of limitations, to--
``(A) upon written request, receive written
notification from the prosecutor not later than 60 days
before the date of the intended destruction or
disposal; and
``(B) upon written request, be granted further
preservation of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault Survivor.--For purposes of this
section, the term `sexual assault survivor' includes a deceased victim
of sexual assault.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..................... 3772''.
SEC. 4. SERVICES TO SURVIVORS.
Section 503(c)(1) of the Victims Rights and Restitution Act of 1990
(42 U.S.C. 10607(c)(1)) is amended--
(1) in subparagraph (A), by inserting ``, including sexual
assault service providers'' before the semicolon at the end;
(2) in subparagraph (C), by inserting ``, including sexual
assault counseling'' before the semicolon at the end; and
(3) in subparagraph (D), by inserting ``, including
national and local sexual assault hotlines'' before the period
at the end.
SEC. 5. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) written notice of applicable
rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection
kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of
sexual assault evidence collection kits or the probative
evidence from such kits; and
``(7) the availability of victim compensation and
restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection
(b) to medical centers, hospitals, forensic examiners, sexual
assault service providers, State and local law enforcement
agencies, and any other State agency or department reasonably
likely to serve sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney
general of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.
``(f) Definition of Sexual Assault Survivor.--For purposes of this
section, the term `sexual assault survivor' includes a deceased victim
of sexual assault.''.
SEC. 6. WORKING GROUP.
(a) In General.--The Attorney General and the Secretary of Health
and Human Services (referred to in this section as the ``Secretary'')
shall establish a joint working group (referred to in this section as
the ``Working Group'') to develop, coordinate, and disseminate best
practices regarding the care and treatment of sexual assault survivors
and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility,
and medical provider communities; and
(2) representatives from not less than 3 national
organizations and State coalitions with demonstrated expertise
in sexual assault prevention, sexual assault advocacy, or
representation of sexual assault victims, particularly
representatives of underserved or ethnic minority communities.
(c) Membership.--The Working Group shall be composed of the
following members:
(1) The Administrator of the Health Resource and Services
Administration.
(2) The Administrator of the Centers for Medicare and
Medicaid Services.
(3) The Director of the Centers for Disease Control and
Prevention.
(4) The Director of the Indian Health Service.
(5) The Director of the Office for Victims of Crime.
(6) The Assistant Attorney General for the Office of
Justice Programs.
(7) The Director of the Office on Violence Against Women.
(8) Other governmental or nongovernmental agency heads at
the discretion of the Attorney General or the Secretary.
(d) Duties.--The Working Group shall--
(1) improve the coordination of the dissemination and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence to hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(2) develop and implement, where appropriate, clinical
guidelines and other incentives to encourage the adoption and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence among hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(3) improve the coordination of the dissemination and
implementation of best practices regarding the care and
treatment of sexual assault survivors and the preservation of
evidence to State attorneys general, United States attorneys,
heads of State law enforcement agencies, forensic laboratory
directors and managers, and other leaders in the law
enforcement community;
(4) develop and implement, where appropriate, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence among State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement,
victim services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing victim-centered care for
sexual assault survivors.
(e) Initial Operating Plan.--Not later than 120 days after its
first meeting, the Working Group shall submit to the Attorney General,
the Secretary, and Congress an operating plan for carrying out the
activities of the Working Group.
(f) Meetings.--The Working Group shall--
(1) hold its first meeting not later than 90 days after the
date of enactment of this Act; and
(2) meet not fewer than 2 times and not more than 5 times
each year.
(g) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
SEC. 7. SENSE OF CONGRESS.
(a) Finding.--Congress finds that there is a substantial Federal
interest in encouraging more sexual assault survivors to come forward
and cooperate with law enforcement investigations and prosecutions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to further the Federal interest described in subsection
(a), the Attorney General should encourage State and Federal
prosecutors to refrain from prosecuting sexual assault
survivors for minor offenses such as underage alcohol
consumption, solicitation, or drug use, particularly if the
evidence of such an offense is uncovered through a medical
forensic examination; and
(2) in order to create an environment in which sexual
assault survivors feel more comfortable reporting crimes of
sexual violence to law enforcement agencies, survivors should
be informed, when appropriate, that they will not be prosecuted
for minor crimes discovered through their participation in
medical forensic examinations. | Sexual Assault Survivors' Rights Act This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) receive a forensic medical examination at no cost, (2) have a sexual assault evidence collection kit (i.e., rape kit) preserved for the maximum applicable statute of limitations, (3) receive written notification prior to destruction or disposal of a rape kit, and (4) be informed of the rights and policies under this section. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The bill amends the Victims' Rights and Restitution Act of 1990 to include information about sexual assault services, programs, and providers in the description of services provided to victims. The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. DOJ and the Department of Health and Human Services must establish a joint working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. It expresses the sense of Congress that: (1) DOJ should discourage prosecutions of sexual assault survivors for minor offenses (e.g., underage alcohol consumption), particularly if the evidence of such offense is discovered through a medical forensic examination, and (2) survivors should be informed that they will not be prosecuted for minor offenses discovered through a medical forensic examination. For purposes of this bill, the term "sexual assault survivor" includes a deceased victim of sexual assault. | Sexual Assault Survivors' Rights Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Base Security Act''.
SEC. 2. PILOT AND DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN
NEW JERSEY.
(a) Pilot and Demonstration Program.--The Secretary of Defense,
acting through the Office of the Secretary of Defense, shall develop a
pilot and demonstration program in the State of New Jersey, and in one
or more additional States or regions selected by the Secretary, to
develop and explore policies, procedures, and practices that improve
the level of security, reliability, quality, and economic efficiency of
defense contractors and subcontractors used for construction,
renovation, maintenance, and repair services on military installations.
(b) Program Goals and Requirements.--The goals and requirements of
the pilot and demonstration program developed under subsection (a)
shall be to identify, develop, and implement strategies that--
(1) minimize risks to national security caused by the
employment of illegal or improperly documented contract workers
on military installations;
(2) ensure that all necessary and reasonable precautions
are taken by the Department of Defense and its contractors and
subcontractors to conduct effective background checks and other
appropriate security clearance procedures of contract
employees, including management employees, professionals, craft
labor personnel, and administrative personnel, to avoid the
employment of persons who may pose a risk to military
installations or otherwise present a threat to national
security; and
(3) promote greater contracting opportunities for
contractors and subcontractors offering effective, reliable
staffing plans to perform defense contracts that ensure all
contract personnel employed for such projects, including
management employees, professional employees, craft labor
personnel, and administrative personnel, are lawful residents
or persons properly authorized to be employed in the United
States and properly qualified to perform services required
under the contract.
(c) Requirements for Security Procedures.--In developing the pilot
and demonstration program under subsection (a), the Secretary of
Defense shall review existing policies, procedures, and practices
pertaining to security clearances required for access to military
installations, including national agency checks, background
investigations and other security clearance procedures. The Secretary
also shall--
(1) identify potential weaknesses and areas for improvement
in existing security policies, procedures, and practices;
(2) develop and implement reforms to strengthen, upgrade,
and improve security clearance policies, procedures, and
practices of the Department of Defense and its contractors and
subcontractors;
(3) utilize the social security number verification
service, maintained and operated by the Social Security
Administration, to review social security numbers of employees
of contractors and subcontractors employed on military
installations and detect the use of false or fraudulent
identification documents used by contract employees;
(4) cooperate with appropriate Federal, State and local
agencies and authorities, including the Secretary of Homeland
Security, the U.S. Attorney for New Jersey, the New Jersey
Motor Vehicles Commission, and the New Jersey State Police, as
well as local communities, to detect and prosecute the use of
false or fraudulent identification documents by contract
employees on military installations;
(5) impose maximum sanctions, including criminal
prosecution, civil penalties, and debarment against any
employer which willfully or recklessly violates immigration
laws in connection with persons employed for defense contracts;
and
(6) review and analyze reforms developed pursuant to this
subsection to identify for purposes of national implementation
those which are most efficient and effective.
(d) Requirements for Contracting and Procurement Procedures.--In
developing the pilot and demonstration program, the Secretary of
Defense shall review existing policies, procedures, and practices
pertaining to manner in which it procures and contracts for
construction, renovation, maintenance, and repair services for military
installations. The Secretary also shall--
(1) expand, to the greatest extent practicable, the use by
the Department of Defense of contracting by competitive
proposals, regulated under Part 15 of the Federal Acquisition
Regulation, for construction, renovation, maintenance, and
repair services for military installations;
(2) identify, develop, and implement reforms in the
competitive proposal contracting process of the Department of
Defense to improve the level of security, reliability, and
economic efficiency of contractors and subcontractors used for
construction, renovation, maintenance, and repair services on
military installations, including--
(A) provision in contract solicitations and request
for proposal documents to require significant weight or
credit be allocated to reliable, effective workforce
security programs offered by prospective contractors
and subcontractors, which provide security clearance
procedures, background checks, and other measures for
contract employees, beyond the minimum security
requirements imposed by the Secretary of Defense, which
serve to promote security on military installations;
and
(B) provision in contract solicitations and request
for proposal documents to require significant weight or
credit be allocated reliable, effective project
staffing plans offered by prospective contractors and
subcontractors, which specify for all contract
employees, including management employees,
professionals, and craft labor personnel, the skills,
training, and qualifications of such persons and the
labor supply sources and hiring plans or procedures
used for employing such persons; and
(3) review and analyze reforms developed pursuant to this
subsection to identify for purposes of national implementation
those which are most efficient and effective.
(e) Implementation.--The Secretary of Defense shall begin operation
of the pilot and demonstration program required under this Act not
later than 90 days after the date of the enactment of this Act.
(f) Reporting Requirements.--For purposes of monitoring and
evaluating the progress of the pilot and demonstration program required
under this section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
(1) an initial report, not later than 90 days after
operation of the pilot and demonstration program begins,
setting forth the reforms instituted and other progress made in
the implementation of the pilot and demonstration program
required under this section;
(2) biannual reports, setting forth in detail the reforms
instituted and other progress made in the implementation of the
program; and
(3) a final report, not later than 2 years after operation
of the pilot and demonstration program begins, setting forth a
review of the pilot and demonstration program and
recommendations on possible nationwide implementation of the
program.
(g) Definition.--In this section, the term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
the Virgin Islands, or Guam. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or flood
control projects. | Military Base Security Act - Requires the Secretary of Defense to develop a pilot and demonstration program in New Jersey, and in one or more additional States or regions, to develop and explore policies, procedures, and practices that improve the level of security, reliability, quality, and economic efficiency of defense contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations. Directs the Secretary, as part of such program, to review: (1) security clearance procedures; and (2) contracting and procurement procedures. | To establish a pilot and demonstration program in New Jersey and elsewhere to improve security on military installations and to improve the quality of defense contractors and subcontractors. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lost Boys and Girls Rebuilding
Infrastructure to Sustain Enduring Peace in South Sudan Act'' or the
``Lost Boys and Girls RISE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 21-year civil war between the North and the South
in Sudan, which ended with the signing of the Comprehensive
Peace Agreement on January 9, 2005, caused many Sudanese people
to flee their homes to seek refuge elsewhere in Sudan, in
neighboring countries, and in the United States.
(2) During the civil war, government troops burned villages
in southern Sudan, killed the adults, and enslaved both women
and girls. Among the refugees from the conflict was a group of
at least 20,000 children, aged 5 to 17 years, who were homeless
orphans as a result of the war.
(3) The children suffered tremendous hardships during their
flight, enduring attacks not only from the army and marauding
bandits but also from lions and hyenas. Many others died from
starvation or thirst.
(4) A few years after the children arrived at the Panyindo
refugee camp in Ethiopia, armed soldiers forced them to leave
the camp by crossing the swollen Gilo River, and at least 1,000
children either drowned or were eaten by crocodiles while they
crossed. The children then began their journey to a refugee
camp in Kenya.
(5) In 1999, the United Nations High Commissioner for
Refugees determined that repatriation was no longer an option
for these children. Approximately 3,800 of the 20,000 children
were granted priority resettlement status in the United States,
with minors placed in foster homes and those over 18 resettled
as adults throughout the United States with assistance from the
Department of Health and Human Services.
(6) The story of these children, known as the ``Lost Boys
and Lost Girls of Sudan'', has been documented in a number of
books and films in the United States.
(7) The Lost Boys and Lost Girls of Sudan have acquired a
reputation for being a resilient and highly motivated group of
individuals, with many of them gaining employment and pursuing
higher education simultaneously.
(8) Many of the Lost Boys and Lost Girls of Sudan have
publically expressed interest in returning to their homeland to
contribute to reconstruction efforts.
(9) South Sudan is currently engulfed in a new civil war
and faces a humanitarian catastrophe and an upsurge of violence
between ethnic groups. Many of the Lost Boys and Lost Girls
have gained experience, education, and skills in the United
States, and want to return to South Sudan to assist in efforts
to rebuild the infrastructure of the country.
SEC. 3. PILOT PROGRAM TO ASSIST RECONSTRUCTION EFFORTS IN THE REPUBLIC
OF SOUTH SUDAN.
(a) Pilot Program.--
(1) In general.--The Administrator of the United States
Agency for International Development (in this Act referred to
as the ``Administrator'') shall establish a pilot program to
provide fellowships to up to 500 eligible individuals to assist
in developing agricultural, business development, educational,
medical, technological, or transportation infrastructure in
South Sudan.
(2) Duration.--
(A) In general.--The pilot program established
under paragraph (1) shall begin on the date on which
the Administrator determines that the condition
specified under subparagraph (B) is satisfied and shall
terminate on the date that is three years after the
date of such determination.
(B) Conditions specified.--The pilot program may
begin after the Secretary of State determines that it
is safe for United States citizens, especially citizens
of Sudanese or South Sudanese descent, to travel to
South Sudan and lifts the general travel warning for
South Sudan.
(3) Administrator and staff.--The Administrator shall
detail not fewer than two full-time employees of the Agency to
conduct the following:
(A) Identifying and recruiting individuals who
would be eligible, pursuant to subsection (b), to
participate in the pilot program.
(B) Evaluating applications submitted by
individuals to participate in the pilot program.
(C) Approving methods proposed by individuals
participating in the pilot program to provide
assistance in accordance with paragraph (1).
(D) Preparing orientation and debriefing materials,
regarding South Sudan and the nature of the assistance
provided through the pilot program, to be given to
individuals participating in the pilot program not
later than one week before and one week after such
participation, respectively.
(E) Assisting individuals participating in the
pilot program to locate adequate housing in South Sudan
for the duration of their participation.
(F) Distributing to individuals participating in
the pilot program any amounts awarded under subsection
(c).
(b) Eligibility.--An individual shall be eligible to participate in
the pilot program if the individual--
(1) is a citizen of the United States;
(2) was admitted to the United States as a refugee under
section 207 of the Immigration Nationality Act (8 U.S.C. 1157)
from a refugee camp in Africa and identified by the Secretary
of State under the worldwide refugee application processing
priority system as ``Priority-2'' (P-2); and
(3) commits to participating in the pilot program for a
period of not less than one year and not more than three years.
(c) Award Amount.--The Administrator may make available to each
individual participating in the pilot program, on a first-come, first-
served basis--
(1) any amount necessary to cover the round-trip travel of
such individual between the United States and South Sudan;
(2) not more than $300 per month, to cover lodging and
living expenses for the duration of the participation of such
individual;
(3) not more than $25,000, over the duration of such
participation, toward the repayment of any Federal student loan
of such individual that is made, insured, or guaranteed under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) or any other loan made, insured, or guaranteed by the
Federal Government to such individual for enrollment in an
institution of higher education, as defined in section 102 of
such Act (20 U.S.C. 1002);
(4) any amount necessary to cover costs incurred during
such participation due to an emergency or under exigent
circumstances; and
(5) such other costs that the Administrator may determine
to be appropriate and associated with participation in the
pilot program.
(d) Sense of Congress.--It is the sense of Congress that, in
carrying out the pilot program, the Administrator should--
(1) consult with the members of the ``Lost Boys and Lost
Girls of Sudan'' community in the United States, for purposes
of identifying potentially eligible individuals and notifying
such individuals about the pilot program; and
(2) consider for participation in the pilot program
individuals who are recommended to the Administrator by a
Member of Congress.
(e) Report and Evaluation.--
(1) Report.--Not later than six months after the date of
the termination of the pilot program, the Administrator shall
submit to the appropriate congressional committees a report
summarizing the results of the pilot program and making
recommendations for changes.
(2) Evaluation by inspector general.--Not later than six
months after the date of the enactment of this Act and annually
thereafter until the date of the termination of the pilot
program, the Inspector General of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report evaluating the pilot program.
(3) Appropriate congressional committees.--In this section,
the term ``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate. | Lost Boys and Girls Rebuilding Infrastructure to Sustain Enduring Peace in South Sudan Act or the Lost Boys and Girls RISE Act This bill directs the U.S. Agency for International Development (USAID) to establish a three-year pilot program to provide fellowships to up to 500 eligible individuals to assist in developing agricultural, business development, educational, medical, technological, or transportation infrastructure in South Sudan. (The program may begin after the Department of State determines that it is safe for U.S. citizens, especially citizens of Sudanese or South Sudanese descent, to travel to South Sudan and lifts the general travel warning for South Sudan.) It is the sense of Congress that USAID should: (1) consult with members of the Lost Boys and Lost Girls of Sudan community in the United States for purposes of identifying potential participants, and (2) consider individuals who are recommended to USAID by a member of Congress. | Lost Boys and Girls RISE Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessment and Remediation of
Contaminated Sediments Reauthorization Act''.
SEC. 2. ASSESSMENT AND REMEDIATION OF CONTAMINATED SEDIMENTS.
Section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) is amended by adding at the end the following:
``(D) Demonstration projects.--
``(i) In general.--The Administrator,
acting through the Program Office, in
consultation and cooperation with the Assistant
Secretary of the Army having responsibility for
civil works, shall conduct at least 3
demonstration projects involving promising
technologies and practices to remedy
contaminated sediments (including at least 1
full-scale demonstration of a remediation
technology) at sites in the Great Lakes System,
as the Administrator determines appropriate.
``(ii) Selection of sites.--In selecting
sites for the demonstration projects, the
Administrator shall give priority consideration
to--
``(I) the Ashtabula River in Ohio;
``(II) the Buffalo River in New
York;
``(III) Duluth and Superior Harbor
in Minnesota;
``(IV) the Fox River in Wisconsin;
``(V) the Grand Calumet River in
Indiana; and
``(VI) Saginaw Bay in Michigan.
``(iii) Deadlines.--In carrying out this
subparagraph, the Administrator shall--
``(I) not later than 18 months
after the date of enactment of this
subparagraph, identify at least 3 sites
and the technologies and practices to
be demonstrated at the sites (including
at least 1 full-scale demonstration of
a remediation technology); and
``(II) not later than 5 years after
the date of enactment, complete at
least 3 demonstration projects
(including at least 1 full-scale
demonstration of a remediation
technology).
``(iv) Additional projects.--The
Administrator, acting through the Program
Office, in consultation and cooperation with
the Assistant Secretary of the Army having
responsibility for civil works, may conduct
additional pilot- and full-scale demonstration
projects involving promising technologies and
practices at sites in the Great Lakes System
other than the sites selected under clause (i).
``(v) Execution of projects.--The
Administrator may cooperate with the Assistant
Secretary of the Army having responsibility for
civil works to plan, engineer, design, and
execute demonstration projects under this
subparagraph.
``(vi) Non-federal contributions.--The
Administrator may accept non-Federal
contributions to carry out demonstration
projects under this subparagraph.
``(vii) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subparagraph $3,500,000 for each
of fiscal years 1997 through 2001.
``(E) Technical information and assistance.--
``(i) In general.--The Administrator,
acting through the Program Office, may provide
technical information and assistance involving
technologies and practices for remediation of
contaminated sediments to persons that request
the information or assistance.
``(ii) Technical assistance priorities.--In
providing technical assistance under this
subparagraph, the Administrator, acting through
the Program Office, shall give special priority
to requests for integrated assessments of, and
recommendations regarding, remediation
technologies and practices for contaminated
sediments at Great Lakes areas of concern.
``(iii) Coordination with other
demonstrations.--The Administrator shall--
``(I) coordinate technology
demonstrations conducted under this
subparagraph with other federally
assisted demonstrations of contaminated
sediment remediation technologies; and
``(II) share information from the
demonstrations conducted under this
subparagraph with the other
demonstrations.
``(iv) Other sediment remediation
activities.--Nothing in this subparagraph
limits the authority of the Administrator to
carry out sediment remediation activities under
other laws.
``(v) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subparagraph $1,000,000 for each
of fiscal years 1997 through 2001.
SEC. 3. EXTENSION OF AUTHORIZATION OF GREAT LAKES APPROPRIATIONS.
Section 118(h) of the Federal Water Pollution Control Act (33
U.S.C. 1268(h)) is amended by striking ``for fiscal year 1991. Of the''
and all that follows through the period at the end and inserting ``for
each of fiscal years 1991 through 2001.''. | Assessment and Remediation of Contaminated Sediments Reauthorization Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency, acting through the Great Lakes National Program Office, to conduct at least three demonstration projects involving promising technologies and practices to remedy contaminated sediments at sites in the Great Lakes system.
Gives priority for demonstration projects to: (1) the Ashtabula River in Ohio; (2) the Buffalo River in New York; (3) Duluth and Superior Harbor in Minnesota; (4) the Fox River in Wisconsin; (5) the Grand Calumet River in Indiana; and (6) Saginaw Bay in Michigan.
Permits the Administrator to conduct additional projects at other sites in the Great Lakes System.
Authorizes appropriations.
Permits the Administrator to provide technical information and assistance involving the remediation of contaminated sediments upon request.
Authorizes appropriations.
Extends the authorization of appropriations for the Great Lakes water quality program through 2001. | Assessment and Remediation of Contaminated Sediments Reauthorization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Domestic Product
Safety Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for the U.S. Customs and Border
Protection of the Department of Homeland Security.
(2) Consumer product.--The term ``consumer product'' means
any of the following:
(A) Food, as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321),
including--
(i) poultry and poultry products, as
defined in section 4 of the Poultry Products
Inspection Act (21 U.S.C. 453);
(ii) meat and meat food products, as
defined in section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601); and
(iii) eggs and egg products, as defined in
the Egg Products Inspection Act (21 U.S.C.
1033).
(B) A drug, device, cosmetic, dietary supplement,
infant formula, and food additive, as such terms are
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(C) A consumer product, as such term is defined in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A motor vehicle, motor vehicle equipment, and
replacement equipment, as such terms are defined in the
National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30102).
(E) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(F) A pesticide, as such term is defined by the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136).
(G) Any other food, consumer product, fishery
product, beverage, or tobacco product with respect to
which a department or agency that is represented on the
Council has jurisdiction.
(3) Council.--The term ``Council'' means the Product Safety
Coordinating Council established under section 4.
(4) Director.--The term ``Director'' means the Director of
the Office of International and Domestic Product Safety
established under section 3.
(5) Office.--The term ``Office'' means the Office of
International and Domestic Product Safety established under
section 3.
SEC. 3. OFFICE OF INTERNATIONAL AND DOMESTIC PRODUCT SAFETY; DIRECTOR.
(a) Establishment of Office.--There is established in the
Department of Commerce an Office of International and Domestic Product
Safety.
(b) Director.--The Office shall be headed by a Director of
International and Domestic Product Safety who shall be appointed by the
President, by and with the advice and consent of the Senate, and who
shall report to the Secretary of Commerce.
(c) Duties.--The Director shall be responsible for overseeing and
coordinating international and domestic consumer product safety
responsibilities in a manner that protects the health and safety of
United States consumers and ensures that consumers and businesses have
access to vital consumer product safety information. The Director
shall--
(1) establish policies, objectives, and priorities to
improve the management, coordination, promotion, and oversight
of all departments and agencies that are responsible for
international and domestic consumer product safety;
(2) work with consumer groups, industry, and other
interested parties to establish the policies, objectives, and
priorities described in paragraph (1);
(3) create a ``one-stop'' Federal website for consumer
product safety information;
(4) develop and maintain a centralized user-friendly public
database of all consumer product recalls, advisories, alerts,
seizures, defect determinations, import bans, and other actions
related to products sold (or offered for sale) in the United
States, including mandatory and voluntary actions taken by
Federal and State departments and agencies, or by businesses;
(5) implement a system for disseminating consumer product
recall alerts to consumers and businesses, including retailers,
the media, and medical professionals;
(6) promote the development of risk assessment models to
assist Federal departments and agencies responsible for the
importation and safety of consumer products to better identify
and prevent the importation or introduction into commerce of
unsafe products;
(7) promote the development of food tracing technology to
provide consumers with access to the supply chain history of a
consumer product;
(8) develop guidelines to facilitate information sharing
relating to the importation and safety of consumer products
among Federal departments and agencies, State and local
governments, businesses, and United States trading partners;
(9) develop and maintain a public electronic directory of
services to assist consumers and businesses in locating
consumer product safety information;
(10) develop a framework for engaging United States trading
partners in efforts to improve consumer product safety,
including cooperation and coordination related to safety
standards, testing, certification, audits, and inspections
before consumer products are shipped to the United States;
(11) establish an inventory of Memoranda of Understanding
negotiated by Federal departments and agencies with foreign
governments related to the importation and safety of consumer
products, and promote coordination among Federal departments
and agencies seeking to negotiate new memoranda; and
(12) develop and implement other activities to ensure that
there is a unified effort to protect the health and safety of
United States consumers, including--
(A) simplifying consumer-retailer interaction
regarding consumer products identified as unsafe;
(B) improving consumer product labeling;
(C) developing comprehensive recordkeeping
throughout the production, importation, and
distribution of consumer products; and
(D) increasing public access to information
regarding--
(i) consumer product safety standards,
testing, and certification;
(ii) enforcement of consumer product safety
laws, and
(iii) consumer product-related deaths,
injuries, and illness.
(d) Compensation.--Section 5314 of title 5, United States Code, is
amended by adding at the end the following new item:
``Director of International and Domestic Product Safety,
Department of Commerce.''.
(e) Function of the Office.--The function of the Office of
International and Domestic Product Safety is to assist the Director in
carrying out the duties of the Director described under this Act.
(f) Staff.--The Director may employ and fix the compensation of
such officers and employees as may be necessary to assist the Director
in carrying out the duties of the Director. The Director may direct,
with the concurrence of the Secretary of a department or head of an
agency, the temporary reassignment within the Federal Government of
personnel employed by such department or agency on a reimbursable or
nonreimbursable basis.
SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL.
(a) Establishment.--There is established a Product Safety
Coordinating Council.
(b) Composition.--The Council shall consist of the following
members or their designees:
(1) The Director, who shall chair the Council.
(2) The Commissioner of U.S. Customs and Border Protection.
(3) The Under Secretary of Commerce for International
Trade.
(4) A Deputy United States Trade Representative, as
determined by the United States Trade Representative.
(5) The Under Secretary of State for Economic, Energy and
Agricultural Affairs.
(6) The Under Secretary of Agriculture for Food Safety.
(7) The Commissioner of the Food and Drug Administration.
(8) The Assistant Administrator for Fisheries of the
National Oceanic and Atmospheric Administration.
(9) The Chairman of the Consumer Product Safety Commission.
(10) The Administrator of the National Highway Traffic
Safety Administration.
(11) The Deputy Administrator of the Environmental
Protection Agency.
(12) The Administrator of the Alcohol and Tobacco Tax and
Trade Bureau.
(13) The Deputy Attorney General.
(14) The Director of the Centers for Disease Control and
Prevention.
(15) The Chairman of the Federal Trade Commission.
(16) Such other officers of the United States as the
Director determines necessary to carry out the functions of the
Council.
(c) Department and Agency Responsibilities.--
(1) In general.--The department or agency of each member of
the Council shall assist the Director in--
(A) developing and implementing a unified effort to
protect the health and safety of United States
consumers;
(B) ensuring that consumers and businesses have
access to vital consumer product safety information;
and
(C) carrying out the responsibilities of the
Director under this Act.
(2) Cooperation.--Each member of the Council shall ensure
that the department or agency the member represents--
(A) provides such assistance, information, and
advice as the Director may request;
(B) complies with information sharing policies,
procedures, guidelines, and standards established by
the Director; and
(C) provides adequate resources to support the
activities and operations of the Office.
(d) Meetings.--The Director shall convene monthly meetings of the
Council.
SEC. 5. STRATEGIC PLAN.
(a) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years thereafter, the
Director shall, after consulting with the members of the Council,
submit to the President and to Congress a strategic plan.
(b) Contents of Strategic Plan.--The strategic plan submitted under
subsection (a) shall contain--
(1) a detailed description of the goals, objectives, and
priorities of the Office and the Council;
(2) a description of the methods for achieving the goals,
objectives, and priorities;
(3) a description of the performance measures that will be
used to monitor results in achieving the goals, objectives, and
priorities; and
(4) an estimate of the resources necessary to achieve the
goals, objectives, and priorities described in subparagraph
(1), and an estimate of the cost of the resources.
SEC. 6. REPORT ON INTERNATIONAL AND DOMESTIC PRODUCT SAFETY.
(a) Report Required.--Not later than November 1 of each calendar
year, the Director shall submit to the President and to Congress, a
written report on the safety of international and domestic consumer
products.
(b) Content of Report.--The report submitted under subsection (a)
shall contain a detailed description of the implementation of the
duties set forth in section 3(c) of the Act.
(c) Consultations.--The Director shall consult with the members of
the Council with respect to the preparation of the report required
under subsection (a). Any comments provided by the members of the
Council shall be submitted to the Director not later than October 15 of
each calendar year. The Director shall submit the report to Congress
after taking into account all comments received.
SEC. 7. PRIORITY IN INTERNATIONAL TRADE TALKS.
The President, the Director, and members of the Council shall seek
to engage trading partners of the United States in bilateral and
multilateral fora regarding improvements in consumer product safety,
including cooperation and coordination with respect to--
(1) authorization of preexport audits and inspections;
(2) establishment of safety standards, testing, and
certifications; and
(3) public dissemination of information concerning consumer
product recalls, advisories, alerts, seizures, defect
determinations, import bans, and other related actions.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out the provisions of
this Act and the activities of the Office.
SEC. 9. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY
COORDINATION.
The use of interagency funding and other forms of support is
authorized by Congress to carry out the functions and activities of the
Office and the functions and activities of the Council. | International and Domestic Product Safety Act - Establishes in the Department of Commerce an Office of International and Domestic Product Safety to oversee and coordinate international and domestic consumer product safety responsibilities in a way that protects the health and safety of U.S. consumers and ensures that consumers and businesses have access to consumer product safety information.
Establishes a Product Safety Coordinating Council to assist the Office's director. | A bill to establish an Office of International and Domestic Product Safety and a Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of product safety responsibilities, develop a centralized public database for product recalls, advisories, and alerts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor the Nevada Enabling Act of
1864 Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Government controls over 80 percent of all
of the land within the State of Nevada, which is a greater
percentage than any other State.
(2) The paucity of State land and privately controlled land
in Nevada severely constrains the size and diversity of
Nevada's economy.
(3) The Federal Government promised all new States, in
their statehood enabling Act contracts, that it would dispose
of federally controlled public lands within the borders of
those States.
(4) The Federal Government has honored this promise with 38
States.
(5) The Federal Government has failed to honor this promise
with, and continues to control significant percentages of the
land within, the States of Alaska, Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and
Washington.
(6) The United States Supreme Court has declared that
statehood enabling Act contracts are ``solemn compacts'' with
enforceable rights and obligations.
(7) Nevada could generate significant net revenue for the
benefit of its lands and people if it were afforded the
opportunity to manage an expanded State-controlled land
portfolio.
(8) A transfer of federally administered land to Nevada can
be accomplished in phases.
SEC. 3. DEFINITIONS IN THIS ACT.
In this Act:
(1) The term ``identified Federal lands'' means all lands
within the State of Nevada that are owned, managed, or
controlled by the Federal Government acting through the
Secretary of Agriculture or the Secretary of the Interior,
excluding the following:
(A) Components of the National Wilderness
Preservation System, National Park System, and National
Wildlife Refuge System.
(B) National Conservation Areas.
(C) National Monuments designated pursuant to the
Act of June 6, 1908 (commonly known as the Antiquities
Act of 1906).
(D) Lands designated as Areas of Critical
Environmental Concern for Protection of Desert Tortoise
by the Bureau of Land Management.
(E) Lands allocated as Herd Management Areas for
Wild Horses and Burros.
(F) Lands withdrawn and reserved for use by the
Department of Defense or the Department of Energy.
(G) Federally recognized Indian reservations and
lands administered or held in trust by the Bureau of
Indian Affairs.
(H) Bureau of Reclamation lands not identified as
surplus.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture, with respect to
identified Federal lands administered by that
Secretary; and
(B) the Secretary of the Interior, with respect to
identified Federal lands administered by that
Secretary.
(3) The term ``select beneficiaries'' means any of the
following:
(A) Public elementary and secondary education.
(B) Public higher education.
(C) Public specialized education.
(D) Public mental and medical health services.
(E) Social, senior, and veterans services.
(F) Public programs for recovery plan development
and implementation for candidate and threatened or
endangered species.
(G) Political subdivisions of the State of Nevada,
but only with respect to payment for services and
infrastructure on conveyed identified Federal lands
that would otherwise be financed through property taxes
or other revenues available to a political subdivision
of the State.
(4) The term ``State'' means the State of Nevada.
SEC. 4. CONVEYANCE OF IDENTIFIED FEDERAL LANDS TO THE STATE OF NEVADA.
(a) Conveyance Required.--As provided in this Act, the Secretary
concerned shall convey, in phases and without consideration, to the
State of Nevada all right, title, and interest of the United States in
and to identified Federal lands for the purpose of permitting the State
to use the conveyed lands to support select beneficiaries.
(b) Condition of Conveyance.--All conveyances under this Act shall
be subject to the condition that the State hold the identified Federal
lands in trust for the select beneficiaries, except the State may sell,
lease, or securitize lands acquired under this Act to cover the cost of
management of the newly acquired lands.
(c) Selection of Lands for Conveyance.--The State is authorized to
select the identified Federal lands to be conveyed under this Act.
(d) Valid Existing Rights and Uses.--All conveyances under this Act
shall be subject to--
(1) valid existing rights; and
(2) valid existing uses on, permits for, and public access
to the conveyed lands, as in effect at the time of conveyance,
subject to State law.
(e) Conveyance of Entire Interest.--For identified Federal lands
conveyed under this Act, title to and ownership of both federally held
surface and subsurface estate, and appurtenant federally held water
rights, shall pass to the State.
SEC. 5. INITIAL CONVEYANCE PHASE.
(a) Conveyance Required.--As soon as practicable after selection by
the State, the Secretary concerned shall convey to the State pursuant
to section 3 identified Federal lands selected by the State from the
following categories of identified Federal lands:
(1) Lands identified as suitable for disposal in the report
to Congress submitted by the Secretary of Agriculture on May
27, 1997, pursuant to section 390(g) of the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law 104-127; 110
Stat. 1024).
(2) Lands identified as suitable for disposal in any
Federal land use plan developed and approved pursuant to
section 202 the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712) or section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(3) Lands administered by the Bureau of Land Management
pursuant to the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
(4) Lands allocated by the Secretary concerned as Solar
Energy Zones.
(5) Lands leased pursuant to the mineral and geothermal
leasing laws under the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(6) Lands administered by the Bureau of Land Management as
linear and nonlinear rights-of-way granted to the State and
political subdivisions of the State.
(7) Split estate lands, where the surface is privately held
and the Bureau of Land Management administers the subsurface
mineral estate.
(8) Lands in the State designated for disposal by any other
Act of Congress.
(9) Lands administered by the Bureau of Land Management
remaining within the original Central Pacific Railroad corridor
along Interstate Highway 80 in Northern Nevada, also known as
the ``checkerboard''.
(b) Authorized Acreage.--The State is authorized to select no less
than 7,200,000 acres from the categories of identified Federal lands
described in subsection (a) during the initial conveyance phase.
SEC. 6. SUBSEQUENT CONVEYANCE PHASES.
(a) Conveyance Process.--The Secretary concerned shall establish a
process to convey to the State the remaining identified Federal lands
not conveyed in the initial conveyance phase under section 5.
(b) Requests for Conveyance.--During the 10-year period beginning
upon the completion of the initial conveyance phase under section 5,
the Secretary concerned shall convey to the State pursuant to section
3, upon the request of the State or a political subdivision of the
State and consistent with the process established under this section,
identified Federal lands remaining under the control of the Secretary
concerned.
(c) Management of Lands Conveyed in Subsequent Conveyance Phases.--
The State shall manage identified Federal lands conveyed under this
section for ongoing net-revenue generation and environmental health,
function, productivity, and sustainability.
SEC. 7. STATE PAYMENTS TO POLITICAL SUBDIVISIONS OF THE STATE.
As an additional condition on conveyances under this Act, the State
shall agree to make payments to political subdivisions of the State,
using gross revenues derived from management of identified Federal
lands conveyed under this Act, to replace--
(1) revenues lost through reduced Federal payments under
chapter 69 of title 31, United States Code, on account of the
conveyance of the lands; and
(2) revenues that would otherwise have been shared with the
political subdivisions by the Department of the Interior Office
of Natural Resources Revenue from royalties, rents, and bonuses
generated through energy and mineral leases on identified
Federal lands had the lands remained in Federal ownership. | Honor the Nevada Enabling Act of 1864 Act Directs the Department of Agriculture (USDA) and the Department of the Interior to convey, in phases and without consideration, to the state of Nevada all interest of the United States in federal lands owned, managed, or controlled by the federal government through the USDA or Interior for the purpose of permitting the state to use them to support select beneficiaries. Specifies exceptions, including components of the National Wilderness Preservation System, National Park System, and National Wildlife System, and federally recognized Indian reservations and lands. Defines "select beneficiaries" as public elementary and secondary education; public higher education; public specialized education; public mental and medical health services; social, senior, and veterans services; public programs for recovery plan development and implementation for candidate and threatened or endangered species; and political subdivisions of the state, but only with respect to payment for services and infrastructure on conveyed identified federal lands that would otherwise be financed through property taxes or other revenues available to a political subdivision of the state. | Honor the Nevada Enabling Act of 1864 Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Giving Care to Elders
(AGE) Act of 2018''.
SEC. 2. CREDIT FOR ELDERCARE EXPENSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. EXPENSES FOR ELDERCARE.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals with respect to such
individual, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to
the applicable percentage of the eldercare expenses paid by
such individual during the taxable year.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 20 percent, reduced
(but not below zero) by 1 percentage point for each $4,000 (or
fraction thereof) by which the taxpayer's adjusted gross income
for the taxable year exceeds $120,000.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means an individual--
``(A) who has attained age 65,
``(B) who requires assistance with activities of
daily living, and
``(C) who is, with respect to the taxpayer or the
taxpayer's spouse--
``(i) the father or mother or an ancestor
of such father or mother,
``(ii) the father-in-law or mother-in-law
or an ancestor of such father-in-law or mother-
in-law,
``(iii) the stepfather or stepmother or an
ancestor of such stepfather or stepmother, or
``(iv) any other person who, for the
taxable year, has the same principal place of
abode as the taxpayer and is a member of the
household of the taxpayer.
``(2) Eldercare expenses.--
``(A) In general.--The term `eldercare expenses'
means the following amounts paid for expenses relating
to the care of a qualifying individual:
``(i) Medical care (as defined in section
213(d)(1), without regard to subparagraph D
thereof).
``(ii) Lodging away from home in accordance
with section 213(d)(2).
``(iii) Adult day care.
``(iv) Custodial care.
``(v) Respite care.
``(vi) Assistive technologies and devices
(including remote health monitoring).
``(vii) Environmental modifications
(including home modifications).
``(viii) Counseling or training for a
caregiver.
``(B) Definitions.--For purposes of subparagraph
(A)--
``(i) Adult day care.--The term `adult day
care' means care provided for adults with
functional or cognitive impairments through a
structured, community-based group program which
provides health, social, and other related
support services on a less than 24-hour basis.
``(ii) Custodial care.--The term `custodial
care' means reasonable personal care services
provided to assist with daily living which do
not require the skills of qualified technical
or professional personnel.
``(iii) Respite care.--The term `respite
care' means planned or emergency care intended
to provide temporary relief to a caregiver.
``(C) Care centers.--
``(i) In general.--Eldercare expenses
described in subparagraph (A) which are
incurred for services provided outside the
taxpayer's household by a care center shall be
taken into account only if such center complies
with all applicable laws and regulations of a
State or unit of local government.
``(ii) Care center.--For purposes of this
subparagraph, the term `care center' means any
facility which--
``(I) provides care for more than 6
individuals, and
``(II) receives a fee, payment, or
grant for providing services for any of
the individuals (regardless of whether
such facility is operated for profit).
``(c) Dollar Limitation.--
``(1) In general.--The amount of the eldercare expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed $6,000.
``(2) Coordination with dependent care assistance
exclusion.--The dollar amount in paragraph (1) shall be reduced
by the aggregate amount excluded from gross income under
section 129 for the taxable year, if any.
``(d) Special Rules.--For purposes of this section--
``(1) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid to an
individual with respect to whom, for the taxable year, a
deduction under section 151(c) is allowable either to the
taxpayer or the taxpayer's spouse. For purposes of this
paragraph, the term `taxable year' means the taxable year of
the taxpayer in which the service is performed.
``(2) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(3) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
subsection (a) with respect to any qualifying individual unless
the taxpayer identification number of such individual is
included on the return claiming the credit.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any amount with respect to which a credit is allowed
under section 21.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Expenses for eldercare.''.
(c) Conforming Amendments.--
(1) Section 213(e) of the Internal Revenue Code of 1986 is
amended--
(A) by inserting ``or section 25E'' after ``section
21'', and
(B) by inserting ``and Elders'' after ``Certain
Dependents'' in the heading.
(2) Section 6213(g)(2) of such Code is amended--
(A) by inserting ``, section 25E (relating to
expenses for care of elders),'' after ``(relating to
expenses for household and dependent care services
necessary for gainful employment)'' in subparagraph
(H), and
(B) by inserting ``, 25E'' after ``24'' in
subparagraph (L).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Americans Giving Care to Elders (AGE) Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit for a portion of a taxpayer's expenses for eldercare. The credit applies to expenses to care for certain relatives or members of the taxpayer's household who have attained the age of 65 and require assistance with activities of daily living. Eldercare expense include amounts paid for: medical care, lodging away from home, adult day care, custodial care, respite care, assistive technologies and devices (including remote health monitoring), environmental modifications (including home modifications), and counseling or training for a caregiver. The amount of eldercare expenses incurred during any year that may be taken into account for the credit may not exceed $6,000. | Americans Giving Care to Elders (AGE) Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project SEARCH Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small communities often struggle to meet environmental
goals because of difficulty in securing funding;
(2) often, sources of funding for environmental projects
require expensive, complex studies or other application
materials;
(3) a small community that secures funding for an
environmental project from a traditional source often is unable
to provide matching funds required by the traditional source;
and
(4) small communities would benefit from a grant program
designed to provide funding for environmental projects--
(A) through a simplified application process; and
(B) without the requirement of matching funds.
SEC. 3. SEARCH GRANTS FOR SMALL COMMUNITIES.
The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) is amended by adding at the end the following:
``Subtitle G--SEARCH Grants for Small Communities
``SEC. 391. DEFINITIONS.
``In this subtitle:
``(1) Council.--The term `council' means an independent
citizens' council established by section 392(b).
``(2) Environmental project.--
``(A) In general.--The term `environmental project'
means a project that--
``(i) benefits human health or the
environment; and
``(ii) is necessary to comply with an
environmental law (including a regulation).
``(B) Inclusion.--The term `environmental project'
includes an initial feasibility study of a project.
``(3) Region.--The term `region' means a geographic area of
a State, as determined by the Governor of the State.
``(4) SEARCH grant.--The term `SEARCH grant' means a grant
for special environmental assistance for the regulation of
communities and habitat awarded under section 392(c)(3).
``(5) Small community.--The term `small community' means an
incorporated or unincorporated rural community having a
population of not more than 2,500 individuals.
``(6) State.--The term `State' has the meaning given the
term in section 381A.
``SEC. 392. SEARCH GRANT PROGRAM.
``(a) In General.--
``(1) Establishment.--There is established the SEARCH Grant
Program.
``(2) State requirements.--
``(A) In general.--Not later than October 1 of each
fiscal year, a State may submit to the Secretary an
application to receive a grant under paragraph (3) for
the fiscal year.
``(B) Application requirements.--An application
under subparagraph (A) shall contain--
``(i) a certification by the State that the
State has appointed members to the council of
the State under subsection (b)(2)(C); and
``(ii) such information as the Secretary
may reasonably require.
``(3) Grant to state.--Not later than 60 days after the
date on which the Office of Management and Budget apportions
any amounts made available under this subtitle, for each fiscal
year after the date of enactment of this subtitle, the
Secretary shall, on request by a State--
``(A) determine whether any application submitted
by the State under paragraph (2) meets the requirements
of that paragraph; and
``(B) subject to section 394(b) and subsection
(c)(4)(B), if the Secretary determines that the
application meets the requirements of paragraph (2)(B),
award a grant of not to exceed $1,000,000 to the State,
to be used by the council of the State to award SEARCH
grants under subsection (b)(3).
``(b) Independent Citizens' Council.--
``(1) Establishment.--There is established in each State an
independent citizens' council to carry out the duties described
in this section.
``(2) Composition.--
``(A) In general.--Each council shall be composed
of 9 members, appointed by the Governor of the State.
``(B) Representation; residence.--Each member of a
council shall--
``(i) represent an individual region of the
State, as determined by the Governor of the
State in which the council is established; and
``(ii) reside in a small community of the
State.
``(C) Appointment.--Before a State receives funds
under this subtitle, the State shall appoint members to
the council for the fiscal year, except that not more
than 1 member shall be an agent, employee, or official
of the State government.
``(D) Chairperson.--Each council shall select a
chairperson from among the members of the council,
except that a member who is an agent, employee, or
official of the State government shall not serve as
chairperson.
``(E) Federal representation.--An agent, employee,
or official of the Federal Government may participate
in the activities of the council--
``(i) in an advisory capacity; and
``(ii) at the invitation of the council.
``(3) SEARCH grants.--
``(A) In general.--Each council shall review
applications for, and recommend awards of, SEARCH
grants to small communities that meet the eligibility
criteria under subsection (c).
``(B) Recommendations.--In awarding a SEARCH grant,
a State--
``(i) shall follow the recommendations of
the council of the State;
``(ii) shall award the funds for any
recommended environmental project in a timely
and expeditious manner; and
``(iii) shall not award a SEARCH grant to a
grantee or project in violation of any law of
the State (including a regulation).
``(C) No matching requirement.--A small community
that receives a SEARCH grant under this section shall
not be required to provide matching funds.
``(c) SEARCH Grants for Small Communities.--
``(1) Eligibility.--A SEARCH grant shall be awarded under
this section only to a small community for 1 or more
environmental projects for which the small community--
``(A) needs funds to carry out initial feasibility
or environmental studies before applying to traditional
funding sources; or
``(B) demonstrates, to the satisfaction of the
council, that the small community has been unable to
obtain sufficient funding from traditional funding
sources.
``(2) Application.--
``(A) Date.--The council shall establish such
deadline by which small communities shall submit
applications for grants under this section as will
permit the council adequate time to review and make
recommendations relating to the applications.
``(B) Location of application.--A small community
shall submit an application described in subparagraph
(A) to the council in the State in which the small
community is located.
``(C) Content of application.--An application
described in subparagraph (A) shall include--
``(i) a description of the proposed
environmental project (including an explanation
of how the project would assist the small
community in complying with an environmental
law (including a regulation));
``(ii) an explanation of why the project is
important to the small community;
``(iii) a description of all actions taken
with respect to the project, including a
description of any attempt to secure funding
and a description of demonstrated need for
funding for the project, as of the date of the
application; and
``(iv) a SEARCH grant application form
provided by the council, completed and with all
required supporting documentation.
``(3) Review and recommendation.--
``(A) In general.--Except as provided in
subparagraph (B), not later than March 5 of each fiscal
year, each council shall--
``(i) review all applications received
under paragraph (2); and
``(ii) recommend for award SEARCH grants to
small communities based on--
``(I) an evaluation of the
eligibility criteria under paragraph
(1); and
``(II) the content of the
application.
``(B) Extension of deadline.--The State may extend
the deadline described in subparagraph (A) by not more
than 10 days in a case in which the receipt of
recommendations from a council under subparagraph
(A)(ii) is delayed because of circumstances beyond the
control of the council, as determined by the State.
``(4) Unexpended funds.--
``(A) In general.--If, for any fiscal year, any
unexpended funds remain after SEARCH grants are awarded
under subsection (b)(3)(B), the council may repeat the
application and review process so that any remaining
funds may be recommended for award, and awarded, not
later than July 30 of the fiscal year.
``(B) Retention of funds.--
``(i) In general.--Any unexpended funds
that are not awarded under subsection (b)(3)(B)
or subparagraph (A) shall be retained by the
State for award during the following fiscal
year.
``(ii) Limitation.--A State that
accumulates a balance of unexpended funds
described in clause (i) of more than $3,000,000
shall be ineligible to apply for additional
funds for SEARCH grants until such time as the
State expends the portion of the balance that
exceeds $3,000,000.
``SEC. 393. REPORT.
``Not later than September 1 of the first fiscal year for which a
SEARCH grant is awarded by a council, and annually thereafter, the
council shall submit to the Secretary a report that--
``(1) describes the number of SEARCH grants awarded during
the fiscal year;
``(2) identifies each small community that received a
SEARCH grant during the fiscal year;
``(3) describes the project or purpose for which each
SEARCH grant was awarded, including a statement of the benefit
to public health or the environment of the environmental
project receiving the grant funds; and
``(4) describes the status of each project or portion of a
project for which a SEARCH grant was awarded, including a
project or portion of a project for which a SEARCH grant was
awarded for any fiscal year before the fiscal year in which the
report is submitted.
``SEC. 394. FUNDING.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 392(a)(3) $50,000,000.
``(b) Actual Appropriation.--If funds to carry out section
392(a)(3) are made available for a fiscal year in an amount that is
less than the amount authorized under subsection (a) for the fiscal
year, the appropriated funds shall be divided equally among the 50
States.
``(c) Unused Funds.--If, for any fiscal year, a State does not
apply, or does not qualify, to receive funds under section 392(a)(2),
the funds that would have been made available to the State under
section 392(a)(3) on submission by the State of a successful
application under section 392(a)(2) shall be redistributed for award
under this subtitle among States, the councils of which awarded 1 or
more SEARCH grants during the preceding fiscal year.
``(d) Other Expenses.--There are authorized to be appropriated such
sums as are necessary to carry out the provisions of this subtitle
(other than section 392(a)(3)).''. | Project SEARCH Act of 2001 - Amends the Consolidated Farm and Rural Development Act to establish the SEARCH grant program to carry out environmental projects in rural communities of not more than 2,500 people. | A bill to amend the Consolidated Farm and Rural Development Act to provide grants for special environmental assistance for the regulation of communities and habitat ("SEARCH grants") to small communities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security and Freedom Through
Encryption (SAFE) Act''.
SEC. 2. SALE AND USE OF ENCRYPTION.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 121 the following new chapter:
``CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION
``2801. Definitions.
``2802. Freedom to use encryption.
``2803. Freedom to sell encryption.
``2804. Prohibition on mandatory key escrow.
``2805. Unlawful use of encryption in furtherance of a criminal act.
``Sec. 2801. Definitions
``As used in this chapter--
``(1) the terms `person', `State', `wire communication',
`electronic communication', `investigative or law enforcement
officer', `judge of competent jurisdiction', and `electronic
storage' have the meanings given those terms in section 2510 of
this title;
``(2) the terms `encrypt' and `encryption' refer to the
scrambling of wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and prevent
unauthorized recipients from accessing or altering, such
information;
``(3) the term `key' means the variable information used in
a mathematical formula, code, or algorithm, or any component
thereof, used to decrypt wire or electronic information that
has been encrypted; and
``(4) the term `United States person' means--
``(A) any United States citizen;
``(B) any other person organized under the laws of
any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States; and
``(C) any person organized under the laws of any
foreign country who is owned or controlled by
individuals or persons described in subparagraphs (A)
and (B).
``Sec. 2802. Freedom to use encryption
``Subject to section 2805, it shall be lawful for any person within
any State, and for any United States person in a foreign country, to
use any encryption, regardless of the encryption algorithm selected,
encryption key length chosen, or implementation technique or medium
used.
``Sec. 2803. Freedom to sell encryption
``Subject to section 2805, it shall be lawful for any person within
any State to sell in interstate commerce any encryption, regardless of
the encryption algorithm selected, encryption key length chosen, or
implementation technique or medium used.
``Sec. 2804. Prohibition on mandatory key escrow
``(a) Prohibition.--No person in lawful possession of a key to
encrypted information may be required by Federal or State law to
relinquish to another person control of that key.
``(b) Exception for Access for Law Enforcement Purposes.--
Subsection (a) shall not affect the authority of any investigative or
law enforcement officer, acting under any law in effect on the
effective date of this chapter, to gain access to encrypted
information.
``Sec. 2805. Unlawful use of encryption in furtherance of a criminal
act
``Any person who willfully uses encryption in furtherance of the
commission of a criminal offense for which the person may be prosecuted
in a court of competent jurisdiction--
``(1) in the case of a first offense under this section,
shall be imprisoned for not more than 5 years, or fined in the
amount set forth in this title, or both; and
``(2) in the case of a second or subsequent offense under
this section, shall be imprisoned for not more than 10 years,
or fined in the amount set forth in this title, or both.''.
(b) Conforming Amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the item
relating to chapter 33 the following new item:
``122. Encrypted wire and electronic information............ 2801''.
SEC. 3. EXPORTS OF ENCRYPTION.
(a) Amendment to Export Administration Act of 1979.--Section 17 of
the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended
by adding at the end thereof the following new subsection:
``(g) Computers and Related Equipment.--
``(1) General rule.--Subject to paragraphs (2), (3), and
(4), the Secretary shall have exclusive authority to control
exports of all computer hardware, software, and technology for
information security (including encryption), except that which
is specifically designed or modified for military use,
including command, control, and intelligence applications.
``(2) Items not requiring licenses.--No validated license
may be required, except pursuant to the Trading With The Enemy
Act or the International Emergency Economic Powers Act (but
only to the estent that the authority of such Act is not
exercised to extend controls imposed under this Act), for the
export or reexport of--
``(A) any software, including software with
encryption capabilities--
``(i) that is generally available, as is,
and is designed for installation by the
purchaser; or
``(ii) that is in the public domain for
which copyright or other protection is not
available under title 17, United States Code,
or that is available to the public because it
is generally accessible to the interested
public in any form; or
``(B) any computing device solely because it
incorporates or employs in any form software (including
software with encryption capabilities) exempted from
any requirement for a validated license under
subparagraph (A).
``(3) Software with encryption capabilities.--The Secretary
shall authorize the export or reexport of software with
encryption capabilities for nonmilitary end-uses in any country
to which exports of software of similar capability are
permitted for use by financial institutions not controlled in
fact by United States persons, unless there is substantial
evidence that such software will be--
``(A) diverted to a military end-use or an end-use
supporting international terrorism;
``(B) modified for military or terrorist end-use;
or
``(C) reexported without any authorization by the
United States that may be required under this Act.
``(4) Hardware with encryption capabilities.--The Secretary
shall authorize the export or reexport of computer hardware
with encryption capabilities if the Secretary determines that a
product offering comparable security is commercially available
outside the United States from a foreign supplier, without
effective restrictions.
``(5) Definitions.--As used in this subsection--
``(A) the term `encryption' means the scrambling of
wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and
prevent unauthorized recipients from accessing or
altering, such information;
``(B) the term `generally available' means, in the
case of software (including software with encryption
capabilities), software that is offered for sale,
license, or transfer to any person without restriction,
whether or not for consideration, including, but not
limited to, over-the-counter retail sales, mail order
transactions, phone order transactions, electronic
distribution, or sale on approval;
``(C) the term `as is' means, in the case of
software (including software with encryption
capabilities), a software program that is not designed,
developed, or tailored by the software publisher for
specific purchasers, except that such purchasers may
supply certain installation parameters needed by the
software program to function properly with the
purchaser's system and may customize the software
program by choosing among options contained in the
software program;
``(D) the term `is designed for installation by the
purchaser' means, in the case of software (including
software with encryption capabilities) that--
``(i) the software publisher intends for
the purchaser (including any licensee or
transferee), who may not be the actual program
user, to install the software program on a
computing device and has supplied the necessary
instructions to do so, except that the
publisher may also provide telephone help line
services for software installation, electronic
transmission, or basic operations; and
``(ii) the software program is designed for
installation by the purchaser without further
substantial support by the supplier;
``(E) the term `computing device' means a device
which incorporates one or more microprocessor-based
central processing units that can accept, store,
process, or provide output of data; and
``(F) the term `computer hardware', when used in
conjunction with information security, includes, but is
not limited to, computer systems, equipment,
application-specific assemblies, modules, and
integrated circuits.''.
(b) Continuation of Export Administration Act.--For purposes of
carrying out the amendment made by subsection (a), the Export
Administration Act of 1979 shall be deemed to be in effect. | Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act.
Allows any person within any State to sell in interstate commerce any encryption.
Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes.
Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense.
(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use.
Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section.
Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions. | Security and Freedom Through Encryption (SAFE) Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Navajo-Hopi Land Dispute Settlement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) it is in the public interest for the Tribe, Navajos
residing on the Hopi Partitioned Lands, and the United States to
reach a peaceful resolution of the longstanding disagreements
between the parties under the Act commonly known as the ``Navajo-
Hopi Land Settlement Act of 1974'' (Public Law 93-531; 25 U.S.C.
640d et seq.);
(2) it is in the best interest of the Tribe and the United
States that there be a fair and final settlement of certain issues
remaining in connection with the Navajo-Hopi Land Settlement Act of
1974, including the full and final settlement of the multiple
claims that the Tribe has against the United States;
(3) this Act, together with the Settlement Agreement executed
on December 14, 1995, and the Accommodation Agreement (as
incorporated by the Settlement Agreement), provide the authority
for the Tribe to enter agreements with eligible Navajo families in
order for those families to remain residents of the Hopi
Partitioned Lands for a period of 75 years, subject to the terms
and conditions of the Accommodation Agreement;
(4) the United States acknowledges and respects--
(A) the sincerity of the traditional beliefs of the members
of the Tribe and the Navajo families residing on the Hopi
Partitioned Lands; and
(B) the importance that the respective traditional beliefs
of the members of the Tribe and Navajo families have with
respect to the culture and way of life of those members and
families;
(5) this Act, the Settlement Agreement, and the Accommodation
Agreement provide for the mutual respect and protection of the
traditional religious beliefs and practices of the Tribe and the
Navajo families residing on the Hopi Partitioned Lands;
(6) the Tribe is encouraged to work with the Navajo families
residing on the Hopi Partitioned Lands to address their concerns
regarding the establishment of family or individual burial plots
for deceased family members who have resided on the Hopi
Partitioned Lands; and
(7) neither the Navajo Nation nor the Navajo families residing
upon Hopi Partitioned Lands were parties to or signers of the
Settlement Agreement between the United States and the Hopi Tribe.
SEC. 3. DEFINITIONS.
Except as otherwise provided in this Act, for purposes of this Act,
the following definitions shall apply:
(1) Accommodation.--The term ``Accommodation'' has the meaning
provided that term under the Settlement Agreement.
(2) Hopi partitioned lands.--The term ``Hopi Partitioned
Lands'' means lands located in the Hopi Partitioned Area, as
defined in section 168.1(g) of title 25, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(3) Navajo partitioned lands.--The term ``Navajo Partitioned
Lands'' has the meaning provided that term in the proposed
regulations issued on November 1, 1995, at 60 Fed. Reg. 55506.
(4) New lands.--The term ``New Lands'' has the meaning provided
that term in section 700.701(b) of title 25, Code of Federal
Regulations.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) Settlement agreement.--The term ``Settlement Agreement''
means the agreement between the United States and the Hopi Tribe
executed on December 14, 1995.
(7) Tribe.--The term ``Tribe'' means the Hopi Tribe.
(8) Newly acquired trust lands.--The term ``newly acquired
trust lands'' means lands taken into trust for the Tribe within the
State of Arizona pursuant to this Act or the Settlement Agreement.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States approves, ratifies, and confirms the Settlement
Agreement.
SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.
The Secretary shall take such action as may be necessary to ensure
that the following conditions are met prior to taking lands into trust
for the benefit of the Tribe pursuant to the Settlement Agreement:
(1) Selection of lands taken into trust.--
(A) Primary area.--In accordance with section 7(a) of the
Settlement Agreement, the primary area within which lands
acquired by the Tribe may be taken into trust by the Secretary
for the benefit of the Tribe under the Settlement Agreement
shall be located in northern Arizona.
(B) Requirements for lands taken into trust in the primary
area.--Lands taken into trust in the primary area referred to
in subparagraph (A) shall be--
(i) land that is used substantially for ranching,
agriculture, or another similar use; and
(ii) to the extent feasible, in contiguous parcels.
(2) Acquisition of lands.--Before taking any land into trust
for the benefit of the Tribe under this section, the Secretary
shall ensure that--
(A) at least 85 percent of the eligible Navajo heads of
household (as determined under the Settlement Agreement) have
entered into an accommodation or have chosen to relocate and
are eligible for relocation assistance (as determined under the
Settlement Agreement); and
(B) the Tribe has consulted with the State of Arizona
concerning the lands proposed to be placed in trust, including
consulting with the State concerning the impact of placing
those lands into trust on the State and political subdivisions
thereof resulting from the removal of land from the tax rolls
in a manner consistent with the provisions of part 151 of title
25, Code of Federal Regulations.
(3) Prohibition.--The Secretary may not, pursuant to the
provisions of this Act and the Settlement Agreement, place lands,
any portion of which are located within or contiguous to a 5-mile
radius of an incorporated town or city (as those terms are defined
by the Secretary) in northern Arizona, into trust for benefit of
the Tribe without specific statutory authority.
(4) Expeditious action by the secretary.--Consistent with all
other provisions of this Act, the Secretary is directed to take
lands into trust under this Act expeditiously and without undue
delay.
SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED LANDS.
(a) In General.--
(1) Action by the secretary.--
(A) In general.--The Secretary shall take action as
specified in subparagraph (B), to the extent that the Tribe, in
accordance with section 7(b) of the Settlement Agreement--
(i) acquires private lands; and
(ii) requests the Secretary to acquire through
condemnation interspersed lands that are owned by the State
of Arizona and are located within the exterior boundaries
of those private lands in order to have both the private
lands and the State lands taken into trust by the Secretary
for the benefit of the Tribe.
(B) Acquisition through condemnation.--With respect to a
request for an acquisition of lands through condemnation made
under subparagraph (A), the Secretary shall, upon the
recommendation of the Tribe, take such action as may be
necessary to acquire the lands through condemnation and, with
funds provided by the Tribe, pay the State of Arizona fair
market value for those lands in accordance with applicable
Federal law, if the conditions described in paragraph (2) are
met.
(2) Conditions for acquisition through condemnation.--The
Secretary may acquire lands through condemnation under this
subsection if--
(A) that acquisition is consistent with the purpose of
obtaining not more than 500,000 acres of land to be taken into
trust for the Tribe;
(B) the State of Arizona concurs with the United States
that the acquisition is consistent with the interests of the
State; and
(C) the Tribe pays for the land acquired through
condemnation under this subsection.
(b) Disposition of Lands.--If the Secretary acquires lands through
condemnation under subsection (a), the Secretary shall take those lands
into trust for the Tribe in accordance with this Act and the Settlement
Agreement.
(c) Private Lands.--The Secretary may not acquire private lands
through condemnation for the purpose specified in subsection (a)(2)(A).
SEC. 7. ACTION TO QUIET POSSESSION.
If the United States fails to discharge the obligations specified
in section 9(c) of the Settlement Agreement with respect to voluntary
relocation of Navajos residing on Hopi Partitioned Lands, or section
9(d) of the Settlement Agreement, relating to the implementation of
sections 700.137 through 700.139 of title 25, Code of Federal
Regulations, on the New Lands, including failure for reason of
insufficient funds made available by appropriations or otherwise, the
Tribe may bring an action to quiet possession that relates to the use
of the Hopi Partitioned Lands after February 1, 2000, by a Navajo
family that is eligible for an accommodation, but fails to enter into
an accommodation.
SEC. 8. PAYMENT TO STATE OF ARIZONA.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to the Department of the
Interior $250,000 for fiscal year 1998, to be used by the Secretary of
the Interior for making a payment to the State of Arizona.
(b) Payment.--The Secretary shall make a payment in the amount
specified in subsection (a) to the State of Arizona after an initial
acquisition of land from the State has been made by the Secretary
pursuant to section 6.
SEC. 9. 75-YEAR LEASING AUTHORITY.
The first section of the Act of August 9, 1955 (69 Stat. 539,
chapter 615; 25 U.S.C. 415) is amended by adding at the end the
following new subsections:
``(c) Leases Involving the Hopi Tribe and the Hopi Partitioned
Lands Accommodation Agreement.--Notwithstanding subsection (a), a lease
of land by the Hopi Tribe to Navajo Indians on the Hopi Partitioned
Lands may be for a term of 75 years, and may be extended at the
conclusion of the term of the lease.
``(d) Definitions.--For purposes of this section--
``(1) the term `Hopi Partitioned Lands' means lands located in
the Hopi Partitioned Area, as defined in section 168.1(g) of title
25, Code of Federal Regulations (as in effect on the date of
enactment of this subsection); and
``(2) the term `Navajo Indians' means members of the Navajo
Tribe.''.
SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING
PROGRAM.
Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-24(a)(8)) is
amended by striking ``1996, and 1997'' and inserting ``1996, 1997,
1998, 1999, and 2000''.
SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION AND
THE HOPI TRIBE.
Nothing in this Act or the amendments made by this Act shall be
interpreted or deemed to preclude, limit, or endorse, in any manner,
actions by the Navajo Nation that seek, in court, an offset from
judgments for payments received by the Hopi Tribe under the Settlement
Agreement.
SEC. 12. WATER RIGHTS.
(a) In General.--
(1) Water rights.--Subject to the other provisions of this
section, newly acquired trust lands shall have only the following
water rights:
(A) The right to the reasonable use of groundwater pumped
from such lands.
(B) All rights to the use of surface water on such lands
existing under State law on the date of acquisition, with the
priority date of such right under State law.
(C) The right to make any further beneficial use on such
lands which is unappropriated on the date each parcel of newly
acquired trust lands is taken into trust. The priority date for
the right shall be the date the lands are taken into trust.
(2) Rights not subject to forfeiture or abandonment.--The
Tribe's water rights for newly acquired trust lands shall not be
subject to forfeiture or abandonment arising from events occurring
after the date the lands are taken into trust.
(b) Recognition as valid uses.--
(1) Groundwater.--With respect to water rights associated with
newly acquired trust lands, the Tribe, and the United States on the
Tribe's behalf, shall recognize as valid all uses of groundwater
which may be made from wells (or their subsequent replacements) in
existence on the date each parcel of newly acquired trust land is
acquired and shall not object to such groundwater uses on the basis
of water rights associated with the newly acquired trust lands. The
Tribe, and the United States on the Tribe's behalf, may object only
to the impact of groundwater uses on newly acquired trust lands
which are initiated after the date the lands affected are taken
into trust and only on grounds allowed by the State law as it
exists when the objection is made. The Tribe, and the United States
on the Tribe's behalf, shall not object to the impact of
groundwater uses on the Tribe's right to surface water established
pursuant to subsection (a)(3) when those groundwater uses are
initiated before the Tribe initiates its beneficial use of surface
water pursuant to subsection (a)(3).
(2) Surface water.--With respect to water rights associated
with newly acquired trust lands, the Tribe, and the United States
on the Tribe's behalf, shall recognize as valid all uses of surface
water in existence on or prior to the date each parcel of newly
acquired trust land is acquired and shall not object to such
surface water uses on the basis of water rights associated with the
newly acquired trust lands, but shall have the right to enforce the
priority of its rights against all junior water rights the exercise
of which interfere with the actual use of the Tribe's senior
surface water rights.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall preclude the Tribe, or the United States on the Tribe's
behalf, from asserting objections to water rights and uses on the
basis of the Tribe's water rights on its currently existing trust
lands.
(c) Applicability of State Law on Lands Other Than Newly Acquired
Lands.--The Tribe, and the United States on the Tribe's behalf, further
recognize that State law applies to water uses on lands, including
subsurface estates, that exist within the exterior boundaries of newly
acquired trust lands and that are owned by any party other than the
Tribe.
(d) Adjudication of Water Rights on Newly Acquired Trust Lands.--
The Tribe's water rights on newly acquired trust lands shall be
adjudicated with the rights of all other competing users in the court
now presiding over the Little Colorado River Adjudication, or if that
court no longer has jurisdiction, in the appropriate State or Federal
court. Any controversies between or among users arising under Federal
or State law involving the Tribe's water rights on newly acquired trust
lands shall be resolved in the court now presiding over the Little
Colorado River Adjudication, or, if that court no longer has
jurisdiction, in the appropriate State or Federal court. Nothing in
this subsection shall be construed to affect any court's jurisdiction:
Provided, That the Tribe shall administer all water rights established
in subsection (a).
(e) Prohibition.--Water rights for newly acquired trust lands shall
not be used, leased, sold, or transported for use off of such lands or
the Tribe's other trust lands: Provided, That the Tribe may agree with
other persons having junior water rights to subordinate the Tribe's
senior water rights. Water rights for newly acquired trust lands can
only be used on those lands or other trust lands of the Tribe located
within the same river basin tributary to the main stream of the
Colorado River.
(f) Subsurface Interests.--On any newly acquired trust lands where
the subsurface interest is owned by any party other than the Tribe, the
trust status of the surface ownership shall not impair any existing
right of the subsurface owner to develop the subsurface interest and to
have access to the surface for the purpose of such development.
(g) Statutory Construction with Respect to Water Rights of Other
Federally Recognized Indian Tribes.--Nothing in this section shall
affect the water rights of any other federally recognized Indian tribe
with a priority date earlier than the date the newly acquired trust
lands are taken into trust.
(h) Statutory Construction.--Nothing in this section shall be
construed to determine the law applicable to water use on lands owned
by the United States, other than on the newly acquired trust lands. The
granting of the right to make beneficial use of unappropriated surface
water on the newly acquired trust lands with a priority date such lands
are taken into trust shall not be construed to imply that such right is
a Federal reserved water
right. Nothing in this section or any other provision of this Act shall
be construed to establish any Federal reserved right to groundwater.
Authority for the Secretary to take land into trust for the Tribe
pursuant to the Settlement Agreement and this Act shall be construed as
having been provided solely by the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Navajo-Hopi Land Dispute Settlement Act of 1996 - Ratifies the Settlement Agreement between the United States and the Hopi Tribe executed on December 14, 1995.
Sets forth the conditions to be met prior to taking lands into trust for the Tribe pursuant to the Settlement Agreement.
Authorizes the Secretary of the Interior to acquire: (1) private lands; and (2) through condemnation, with funds provided by the Tribe, certain interspersed lands that are owned by the State of Arizona in order to have both the private and the State lands taken into trust for the Tribe. Prohibits the Secretary, pursuant to the provisions of this Act and the Settlement Agreement, from placing lands, any portion of which are located within or contiguous to a five-mile radius of an incorporated town or city in Northern Arizona, into trust for the Tribe without specific statutory authority.
Authorizes the Tribe, if the United States fails to discharge the obligation of voluntarily relocating Navajos residing on Hopi Partitioned Lands, to bring an action to quiet possession relating to use of such Lands after February 2002 by an eligible Navajo family that fails to enter into an accommodation.
Authorizes an appropriation to the Department of the Interior of $250,000 for FY 1998 to be used for making a payment to the State of Arizona. Requires the Secretary to make such a payment to the State of Arizona after an initial acquisition of land from the State has been made by the Secretary.
Amends Federal law to authorize leases by the Hopi Tribe to Navajo Indians residing on Hopi Partitioned Lands that may be for a 75-year term and extended at the conclusion of the lease term.
Amends Public Law 93-531 to reauthorize the Navajo-Hopi Relocation Housing Program through FY 2000.
Sets forth provisions concerning water rights on newly aquired trust lands. | Navajo-Hopi Land Dispute Settlement Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Telework Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) many rural communities and Indian reservations have not
benefited from the historic economic expansion in recent years,
and high levels of unemployment and underemployment persist in
the rural communities and reservations;
(2) many economic opportunities, especially in information
technology fields, are located away from many rural communities
and reservations;
(3) the United States has a significant and growing need
for skilled information technology workers;
(4) unemployed and underemployed rural employees represent
a potential workforce to fill information technology jobs;
(5) teleworking allows rural employees to perform skill
intensive information technology jobs from their communities
for firms located outside rural communities; and
(6) employing a rural teleworkforce in information
technology fields will require--
(A) employers that are willing to hire rural
residents or contract for work to be performed in rural
communities;
(B) recruitment and training of rural residents
appropriate for work in information technology fields;
(C) means of connecting employers with employees
through advanced telecommunications services; and
(D) innovative approaches and collaborative models
to create rural technology business opportunities and
facilitate the employment of rural individuals.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Secretary of Agriculture to make
competitive grants to establish National Centers for Distance
Working in rural areas to provide assistance to individuals in
rural communities to support the use of teleworking in
information technology fields;
(2) to promote teleworking arrangements, small electronic
business development, and creation of information technology
jobs in rural areas for the purpose of creating sustainable
economic opportunities in rural communities;
(3) to promote the practice of teleworking to information
technology jobs among rural, urban, and suburban residents,
Indian tribes, job training and workforce development
providers, educators, and employers;
(4) to meet the needs of information technology and other
industries for skilled employees by accelerating the training
and hiring of rural employees to fill existing and future jobs
from rural communities and Indian reservations;
(5) to promote teleworking and small electronic business as
sustainable income sources for rural communities and Indian
tribes; and
(6) to study, collect information, and develop best
practices for rural teleworking employment practices.
SEC. 3. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 376. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means a National Center
for Distance Working established under subsection (b) that
receives a grant under this section.
``(2) Eligible organization.--The term `eligible
organization' means a nonprofit entity, an educational
institution, a tribal government, or any other organization
that meets the requirements of this section and such other
requirements as are established by the Secretary.
``(3) Information technology.--The term `information
technology' means any equipment, or interconnected system or
subsystem of equipment, that is used in the automatic
acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or
reception of data or information, including a computer,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
``(4) Rural area.--The terms `rural' and `rural area' have
the meaning given the terms in section 381A.
``(5) Secretary.--The term `Secretary' means the Secretary,
acting through the Administrator of the Rural Utility Service.
``(6) Teleworking.--The term `teleworking' means the use of
telecommunications to perform work functions over a distance
and to reduce or eliminate the need to perform work at a
traditional worksite.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a National
Centers for Distance Working Program under which the Secretary
shall make competitive grants to eligible organizations to pay
the Federal share of the cost of establishing National Centers
for Distance Working in rural areas to conduct projects in
accordance with subsection (c).
``(2) Eligible organization.--The Secretary shall establish
criteria that an organization must meet to be eligible to
receive a grant under this section.
``(c) Projects.--A Center shall use a grant received under this
section to conduct a 5-year project--
``(1) to provide training, referral, assessment, and
employment-related services and assistance to individuals in
rural communities and Indian tribes to support the use of
teleworking in information technology fields, including
services and assistance related to high technology training,
telecommunications infrastructure, capital equipment, job
placement services, and other means of promoting teleworking;
``(2) to identify skills that are needed by the business
community and that will enable trainees to secure employment
after the completion of training;
``(3) to recruit employers for rural individuals and
residents of Indian reservations;
``(4) to provide for high-speed communications between the
individuals in the targeted rural community or reservation and
employers that carry out information technology work that is
suitable for teleworking;
``(5) to provide for access to or ownership of the
facilities, hardware, software, and other equipment necessary
to perform information technology jobs; and
``(6) to perform such other functions as the Secretary
considers appropriate.
``(d) Eligibility Criteria.--
``(1) Application and plan.--As a condition of receiving a
grant under this section for use with respect to a rural area,
an organization shall submit to the Secretary, and obtain the
approval of the Secretary of, an application and 5-year plan
for the use of the grant to carry out a project described in
subsection (c), including a description of--
``(A) the businesses and employers that will
provide employment opportunities in the rural area;
``(B) fundraising strategies;
``(C) training and training delivery methods to be
employed;
``(D) the rural community of individuals to be
targeted to receive assistance;
``(E) any support from State and local governments
and other non-Federal sources; and
``(F) outreach activities to be carried out to
reach potential information technology employers.
``(2) Non-federal share.--
``(A) In general.--As a condition of receiving a
grant under this section, an organization shall agree
to obtain, after the application of the organization
has been approved and notice of award has been issued,
contributions from non-Federal sources that are equal
to--
``(i) during each of the first, second, and
third years of a project, 1 non-Federal dollar
for each 2 Federal dollars provided under the
grant; and
``(ii) during each of the fourth and fifth
years of the project, 1 non-Federal dollar for
each Federal dollar provided under the grant.
``(B) Indian tribes.--Notwithstanding subparagraph
(A), an Indian tribe may use Federal funds made
available to the tribe for self-governance to pay the
non-Federal contributions required under subparagraph
(A).
``(C) Form.--The non-Federal contributions required
under subparagraph (A) may be in the form of in-kind
contributions, including office equipment, office
space, and services.
``(e) Selection Criteria.--
``(1) In general.--The Secretary shall--
``(A) establish criteria for the selection of
eligible organizations to receive grants under this
section; and
``(B) evaluate, rank, and select eligible
organizations on the basis of the selection criteria.
``(2) Factors.--The selection criteria established under
paragraph (1) shall include--
``(A) the experience of the eligible organization
in conducting programs or ongoing efforts designed to
improve or upgrade the skills of rural employees or
members of Indian tribes;
``(B) the ability of the eligible organization to
initiate a project within a minimum period of time;
``(C) the ability and experience of the eligible
organization in providing training to rural individuals
who are economically disadvantaged or who face
significant barriers to employment;
``(D) the ability and experience of the eligible
organization in conducting information technology skill
training;
``(E) the degree to which the eligible organization
has entered into partnerships or contracts with local,
tribal, and State governments, community-based
organizations, and prospective employers to provide
training, employment, and supportive services;
``(F) the ability and experience of the eligible
organization in providing job placement for rural
employees with employers that are suitable for
teleworking;
``(G) the computer and telecommunications equipment
that the eligible organization has or expects to
possess or use under contract on initiation of the project; and
``(H) the means the applicant proposes, such as
high-speed Internet access, to allow communication
between rural employees and employers.
``(3) Publication.--The Secretary shall--
``(A) publish the selection criteria established
under this subsection in the Federal Register; and
``(B) include a description of the selection
criteria in any solicitation for applications for
grants made by the Secretary.
``(f) Studies of Teleworking.--
``(1) In general.--To promote the development of
teleworking in rural areas, the Secretary may make grants to
entities to conduct research on economic, operational, social,
and policy issues relating to teleworking in rural areas,
including the development of best practices for businesses that
employ teleworkers.
``(2) Limitation.--The Secretary shall use not more than
$1,000,000 of funds made available for a fiscal year under
subsection (g) to carry out this subsection.
``(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $11,000,000 for each fiscal
year.''. | Directs a recipient Center to use grants for five-year projects to: (1) identify needed skills and provide training and employment-related services to persons in rural areas and Indian tribes to support the use of teleworking (the use of telecommunications to perform work functions over a distance) in technology fields; and (2) recruit employers and provide for high-speed employer-employee communications.
Authorizes the Secretary to make limited grants for teleworking studies, including development of best practices for businesses that employ teleworkers.
Authorizes appropriations. | Rural Telework Act of 2000 |
SECTION 1. FEDERAL DATA CENTER CONSOLIDATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator for the Office of E-Government and Information
Technology within the Office of Management and Budget.
(2) Data center.--
(A) Definition.--The term ``data center'' means a
closet, room, floor, or building for the storage,
management, and dissemination of data and information,
as defined by the Administrator in the ``Implementation
Guidance for the Federal Data Center Consolidation
Initiative'' memorandum, issued on March 19, 2012.
(B) Authority to modify definition.--The
Administrator may promulgate guidance or other
clarifications to modify the definition in subparagraph
(A) in a manner consistent with this Act, as the
Administrator determines necessary.
(b) Federal Data Center Consolidation Inventories and Plans.--
(1) In general.--
(A) Annual reports.--Each year, beginning in fiscal
year 2015 through the end of fiscal year 2019, the head
of each agency that is described in subparagraph (E),
assisted by the chief information officer of the
agency, shall submit to the Administrator--
(i) a comprehensive asset inventory of the
data centers owned, operated, or maintained by
or on behalf of the agency, even if the center
is administered by a third party; and
(ii) an updated consolidation plan that
includes--
(I) a technical roadmap and
approach for achieving the agency's
targets for infrastructure utilization,
energy efficiency (including
performance benchmarks such as Power
Utilization Effectiveness and use of
Energy Star-rated equipment), cost
savings and efficiency;
(II) a detailed timeline for
implementation of the data center
consolidation plan;
(III) quantitative utilization and
efficiency goals for reducing assets,
improving energy and efficiency, and
improving use of information technology
infrastructure;
(IV) performance metrics by which
the progress of the agency toward data
center consolidation goals can be
measured, including metrics to track
any gains in energy utilization as a
result of this initiative;
(V) an aggregation of year-by-year
investment and cost savings
calculations for 5 years past the date
of submission of the cost saving
assessment, including a description of
any initial costs for data center
consolidation and life cycle cost
savings;
(VI) quantitative progress towards
previously stated goals including cost
savings (including savings measured on
a total cost of ownership basis) and
increases in operational efficiencies
and utilization; and
(VII) any additional information
required by the Administrator.
(B) Use of existing reporting structures.--The
Administrator may require agencies described in
subparagraph (E) to submit any information required to
be submitted under this subsection through reporting
structures in use as of the date of enactment of this
Act.
(C) Certification.--Each year, beginning in fiscal
year 2015 through the end of fiscal year 2019, the head
of an agency, acting through the chief information
officer of the agency, shall submit a statement to the
Administrator certifying that the agency has complied
with the requirements of this Act.
(D) Inspector general report.--
(i) In general.--The Inspector General for
each agency described in subparagraph (E) shall
release a public report not later than 6 months
after the date on which the agency releases the
first updated asset inventory in fiscal year
2015 under subparagraph (A)(i), which shall
evaluate the completeness of the inventory of
the agency.
(ii) Agency response.--The head of each
agency shall respond to the report completed by
the Inspector General for the agency under
clause (i), and complete any inventory
identified by the Inspector General for the
agency as incomplete, by the time the agency
submits the required inventory update for
fiscal year 2016.
(E) Agencies described.--The agencies (including
all associated components of the agency) described in
this paragraph are the--
(i) Department of Agriculture;
(ii) Department of Commerce;
(iii) Department of Defense;
(iv) Department of Education;
(v) Department of Energy;
(vi) Department of Health and Human
Services;
(vii) Department of Homeland Security;
(viii) Department of Housing and Urban
Development;
(ix) Department of the Interior;
(x) Department of Justice;
(xi) Department of Labor;
(xii) Department of State;
(xiii) Department of Transportation;
(xiv) Department of Treasury;
(xv) Department of Veterans Affairs;
(xvi) Environmental Protection Agency;
(xvii) General Services Administration;
(xviii) National Aeronautics and Space
Administration;
(xix) National Science Foundation;
(xx) Nuclear Regulatory Commission;
(xxi) Office of Personnel Management;
(xxii) Small Business Administration;
(xxiii) Social Security Administration; and
(xxiv) United States Agency for
International Development.
(F) Agency implementation of consolidation plans.--
Each agency described in subparagraph (E), under the
direction of the chief information officer of the
agency shall--
(i) implement the consolidation plan
required under subparagraph (A)(ii); and
(ii) provide to the Administrator annual
updates on implementation and cost savings
(including life cycle costs) and efficiency
improvements realized through such
consolidation plan.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
agencies to submit information under this section;
(B) ensure that each certification submitted under
paragraph (1)(C) and each agency consolidation plan
submitted under paragraph (1)(A)(ii) is made available
in a timely manner to the general public;
(C) review the plans submitted under paragraph (1)
to determine whether each plan is comprehensive and
complete;
(D) monitor the implementation of the data center
consolidation plan of each agency described in
paragraph (1)(A)(ii); and
(E) update the cumulative cost savings projection
on an annual basis as the savings are realized through
the implementation of the agency plans.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, or by September 30th of
fiscal year 2015, whichever is later, the Administrator
shall develop and publish a goal for the total amount
of planned cost savings by the Federal Government
through the Federal Data Center Consolidation
Initiative during the 5-year period beginning on the
date of enactment of this Act, which shall include a
breakdown on a year-by-year basis of the projected
savings.
(B) Annual update.--
(i) In general.--Not later than 1 year
after the date on which the goal described in
subparagraph (A) is determined and each year
thereafter until the end of 2019, the
Administrator shall publish a report on the
actual savings achieved through the Federal
Data Center Consolidation Initiative as
compared to the projected savings developed
under subparagraph (A) (based on data collected
from each affected agency under paragraph (1)).
(ii) Update for congress.--The report
required under subparagraph (A) shall be
submitted to Congress and shall include an
update on the progress made by each agency
described in subsection paragraph (1)(E) on--
(I) whether each agency has in fact
submitted a comprehensive asset
inventory;
(II) whether each agency has
submitted a comprehensive consolidation
plan with the key elements described in
paragraph (1)(A)(ii); and
(III) the progress, if any, of each
agency on implementing the
consolidation plan of the agency.
(iii) Request for reports.--Upon request
from the Committee on Homeland Security and
Governmental Affairs of the Senate or the
Committee on Oversight and Government Reform of
the House of Representatives, the head of an
agency described in paragraph (1)(E) or the
Director of the Office of Management and Budget
shall submit to the requesting committee any
report or information submitted to the Office
of Management and Budget for the purpose of
preparing a report required under clause (i) or
an updated progress report required under
clause (ii).
(4) GAO review.--The Comptroller General of the United
States shall, on an annual basis, publish a report on--
(A) the quality and completeness of each agency's
asset inventory and consolidation plans required under
paragraph (1)(A);
(B) each agency's progress on implementation of the
consolidation plans submitted under paragraph (1)(A);
(C) overall planned and actual cost savings
realized through implementation of the consolidation
plans submitted under paragraph (1)(A);
(D) any steps that the Administrator could take to
improve implementation of the data center consolidation
initiative; and
(E) any matters for Congressional consideration in
order to improve or accelerate the implementation of
the data center consolidation initiative.
(5) Response to gao.--
(A) In general.--If a report required under
paragraph (4) identifies any deficiencies or delays in
any of the elements described in subparagraphs (A)
through (E) of paragraph (4) for an agency, the head of
the agency shall respond in writing to the Comptroller
General of the United States, not later than 90 days
after the date on which the report is published under
paragraph (4), with a detailed explanation of how the
agency will address the deficiency.
(B) Additional requirements.--If the Comptroller
General identifies an agency that has repeatedly lagged
in implementing the data center consolidation
initiative, the Comptroller General may require that
the head of the agency submit a statement explaining--
(i) why the agency is having difficulty
implementing the initiative; and
(ii) what structural or personnel changes
are needed within the agency to address the
problem.
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--An agency required to implement a data center
consolidation plan under this Act and migrate to cloud computing shall
do so in a manner that is consistent with Federal guidelines on cloud
computing security, including--
(1) applicable provisions found within the Federal Risk and
Authorization Management Program of the General Service
Administration; and
(2) guidance published by the National Institute of
Standards and Technology.
(d) Classified Information.--The Director of National Intelligence
may waive the requirements of this Act for any element (or component of
an element) of the intelligence community.
(e) Sunset.--This Act is repealed effective on October 1, 2019. | Requires the heads of specified federal agencies, assisted by their chief information officers, to submit in FY2015-FY2019 to the Office of E-Government and Information Technology of the Office of Management and Budget: (1) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of such agencies; and (2) an updated consolidation plan for such data centers. Requires the Inspector General of each specified agency to issue a public report evaluating the completeness of agency inventories. Requires the Office of E-Government and Information Technology to: (1) establish the deadline each year for agencies to submit information required by this Act; (2) develop and publish a goal for the total amount of planned cost savings through the Federal Data Center Consolidation Initiative during a five-year period and report on the actual savings achieved through the Initiative; and (3) report to Congress on data center cost savings. Directs the Government Accountability Office to publish an annual report on agency asset inventory and consolidation plans and agency implementation of such plans. Requires agencies that are required to implement a data center consolidation plan and migrate to cloud computing to do so in a manner consistent with federal guidelines on cloud computing security, including applicable provisions in the Federal Risk and Authorization Management Program of the General Services Administration and guidance published by the National Institute of Standards and Technology. Authorizes the Director of National Intelligence to waive requirements of this Act for any element of the intelligence community. Repeals this Act effective on October 1, 2019. | A bill to require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans. |
SECTION 1. REPEAL OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) In General.--Chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 1211(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3811(a)(3)) is amended--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively; and
(C) in subparagraph (A) (as so redesignated), by
striking ``any other provision of''.
(2) Section 1221(b)(3) of the Food Security Act of 1985 (16
U.S.C. 3821(b)(3)) is amended--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively; and
(C) in subparagraph (A) (as so redesignated), by
striking ``any other provision of''.
(3) Section 1235(f)(1)(D) of the Food Security Act of 1985
(16 U.S.C. 3835(f)(1)(D)) is amended by striking ``or the
environmental quality incentives program''.
(4) Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``(and fiscal year 2019 in the case
of the program specified in paragraph (5))'';
and
(ii) by striking paragraph (5);
(B) in subsection (b), by striking ``(and fiscal
year 2019 in the case of the program specified in
subsection (a)(5))'';
(C) in subsection (h)--
(i) in paragraph (1), in the matter
preceding subparagraph (A)--
(I) by striking ``funds'' and
inserting ``acres''; and
(II) by striking ``to carry out the
environmental quality incentives
program and the acres made available
for each of such fiscal years'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
and
(D) in subsection (i)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3)
through (6) as paragraphs (2) through (5),
respectively.
(5) Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended--
(A) in subsection (c)--
(i) in paragraph (1)(B), by adding ``and''
at the end;
(ii) in paragraph (2), by striking ``;
and'' and inserting a period; and
(iii) by striking paragraph (3); and
(B) in subsection (l), by striking ``D and the
environmental quality incentives program under chapter
4 of subtitle''.
(6) Section 1271A(1) of the Food Security Act of 1985 (16
U.S.C. 3871a(1)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(7) Section 344(f)(8) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1344(f)(8)) is amended in the proviso of the
first sentence by striking ``Act, the environmental quality
incentives program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985,'' and inserting
``Act''.
(8) Section 377 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1377) is amended in the first proviso by striking
``Act or the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985):'' and inserting ``Act):''.
(9) The last proviso of the matter under the heading
``conservation reserve program'' under the heading ``Soil Bank
Programs'' of title I of the Department of Agriculture and Farm
Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a),
is amended by striking ``(1) payments'' and all that follows
through ``or (2)''.
(10) Section 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)) is amended by striking
paragraph (1).
(11) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C))
is amended--
(A) by striking ``section, the'' and inserting
``section and the''; and
(B) by striking ``(16 U.S.C. 2101 et seq.)'' and
all that follows through ``or other'' and inserting
``(16 U.S.C. 2101 et seq.) or any other applicable''.
(12) Section 304 of the Lake Champlain Special Designation
Act of 1990 (33 U.S.C. 1270 note; Public Law 101-596) is
amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (c) (as so redesignated)--
(i) by striking ``(1) There'' in paragraph
(1) and all that follows through ``(2) There''
in paragraph (2) and inserting ``There''; and
(ii) by striking ``(b) and (c)'' and
inserting ``(a) and (b)''.
(13) Section 202 of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592) is amended by striking subsection
(c). | This bill amends the Food Security Act of 1985 to repeal the Department of Agriculture Environmental Quality Incentives Program (EQIP). (EQIP provides financial and technical assistance for agricultural producers and land owners to implement certain conservation practices.) | A bill to amend the Food Security Act of 1985 to repeal the environmental quality incentives program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Financial Crimes Strategy
Act of 1996''.
SEC. 2. FINANCIAL CRIMES INVOLVING MONEY LAUNDERING AND RELATED
CRIMINAL ACTIVITIES.
(a) In General.--Title IX of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (relating to regulatory
enforcement authority and criminal enhancements) is amended by adding
at the end the following new subtitle:
``Subtitle G--National Financial Crimes Strategy
``SEC. 971. NATIONAL FINANCIAL CRIMES STRATEGY.
``(a) Development and Submission to Congress.--
``(1) In general.--Before the end of the 180-day period
beginning on the date of the enactment of this subtitle and
before February 1 of each subsequent year, the President,
acting through the Secretary of the Treasury, shall develop a
national strategy for combating financial crimes which shall be
submitted to the Congress.
``(2) Separate presentation of classified material.--Any
part of the strategy that involves information which is
properly classified under criteria established by Executive
order shall be submitted to the Congress separately.
``(b) Development of Strategy.--The national strategy for combating
financial crimes shall include the following:
``(1) Long-range goals.--Comprehensive, research-based,
long-range goals for reducing financial crime in the United
States.
``(2) Short-term objective.--A short-term objective which
the Secretary determines may be realistically achieved by the
end of the 2-year period beginning on the date of transmission
of the strategy.
``(3) Allocation of law enforcement resources.--A
description of the manner in which law enforcement resources
will be allocated.
``(4) Review of nonfederal financial crime control
activities.--A review of the financial crime control activities
of State and local governments and recommendations for
sufficient cooperation between Federal agencies and such State
and local governments to achieve a well-coordinated and
effective policy for fighting financial crimes by all levels of
government.
``(5) All other goals, objectives, and strategies.--A
complete list of goals, objectives, and priorities for reducing
financial crimes in addition to the goals and objectives
described in paragraphs (1) and (2).
``(6) Private sector initiatives; intergovernmental
cooperation.--A description of private sector initiatives,
cooperative efforts between the Federal Government and State
and local governments, and cooperative efforts among the several States
and between State and local governments for financial crimes control
which could be utilized or should be encouraged.
``(7) Project and budget priorities.--A 3-year projection
for program and budget priorities and achievable projects for
reductions in financial crimes.
``(8) Assessment of funding.--A complete assessment of how
the proposed budget is intended to implement the strategy and
whether the funding levels contained in the proposed budget are
sufficient to implement the strategy.
``(9) Designated areas.--A description of geographical
areas designated as `high-intensity financial crime areas' in
accordance with section 3.
``(10) Improved communications systems.--A plan for
improving the compatibility of automated information and
information systems to provide the Federal Government and State
and local governments with timely, accurate, and complete
information.
``(c) Consultations.--In developing the national strategy for
combating financial crimes, the Secretary shall consult with--
``(1) Department of the Treasury law enforcement
organizations;
``(2) the Attorney General and the Director of the Federal
Bureau of Investigation;
``(3) Members of Congress;
``(4) State and local officials, including State and local
prosecutors; and
``(5) private citizens with experience and expertise in the
field of financial crimes law enforcement.
``(d) Submission of Reports by Secretary.--
``(1) Report on consultations.--At the time the President
transmits the national strategy on combating financial crimes,
the Secretary shall submit a report indicating the persons
consulted by the director pursuant to subsection (c).
``(2) Effectiveness report.--At the time each national
strategy for combating financial crimes is transmitted by the
President to the Congress (other than the 1st transmission of
any such strategy) pursuant to subsection (a), the Secretary
shall submit a report containing a complete evaluation of the
effectiveness of policies to combat financial crimes.
``SEC. 972. HIGH-INTENSITY FINANCIAL CRIME AREAS.
``(a) Designation of Areas.--The Secretary, in consultation with
the heads of the Department of the Treasury law enforcement
organizations, the Attorney General, the Director of the Federal Bureau
of Investigation, the Governors of the several States, and other State
and local officials and after taking into consideration the factors
specified in subsection (b), may designate any geographical area of the
United States as a `high-intensity financial crime area'.
``(b) Factors.--In considering the designation of any area as a
high-intensity financial crime area, the Secretary shall take into
account the following factors:
``(1) The population of the area and the demographics of
the population.
``(2) The number of bank transactions which originate in
such area or involve institutions located in such area.
``(3) The number of electronic funds transfers which
originate in such area or involve institutions located in such
area.
``(4) The number of stock or commodities transactions which
originate in such area or involve institutions located in such
area.
``(5) The number of requests for information which are made
to the financial crimes enforcement network and which originate
from such area or involve institutions or businesses located in
such area or residents of such area.
``(6) Whether the area is a key transportation hub with any
international ports or airports or an extensive highway system.
``(7) Whether the area is an international center for
banking or commerce.
``(8) The extent to which the area is a center of financial
crimes.
``(9) The extent to which financial crimes and financial
crime-related activities in such area are having a harmful
impact in other areas of the country.
``(10) The extent to which State and local governments and
State and local law enforcement agencies have committed
resources to respond to the financial crime problem in the area
and the degree to which the commitment of such resources
reflects a determination by such government and agencies to
address the problem aggressively.
``(11) The extent to which a significant increase in the
allocation of Federal resources to combat financial crimes in
such area is necessary to provide an adequate State and local
response to financial crimes and financial crime-related
activities in such area.
``SEC. 974. DESIGNATION OF LEAD AGENCY.
``(a) In General.--The Secretary shall have the principal
responsibility for carrying out the national strategy for combating
financial crimes.
``(b) Coordination of Law Enforcement Activities.--
``(1) Notice of major crime reduction activities.--The
heads of the Department of the Treasury law enforcement
organizations, the Attorney General, and the Director of the
Federal Bureau of Investigation shall notify the Secretary, in
writing, of any major financial crime reduction activity
proposed to be carried out by the agency or organization of
which such person is the head in an area designated as a high-
intensity financial crime area.
``(2) Advance notice.--The notice required to be submitted
under paragraph (1) shall be provided in advance of the
initiation of the activity with respect to which such notice is
submitted unless extenuating circumstances require otherwise.
``(3) Objection of secretary.--If the Secretary objects to
the proposed activity for which the Secretary receives notice
under paragraph (1), the Secretary shall notify the agency in
writing of the basis for the Secretary's objection.
``(c) Federal Responses Authorized.--With respect to any area
designated under section 3(a) as a high-intensity financial crime area,
the Secretary may take the following initiatives:
``(1) Develop a plan for the redistribution or the
temporary reassignment of the personnel and physical resources
of the Department of the Treasury law enforcement
organizations, the Department of Justice (including the offices
of the United States Attorneys, the Federal Bureau of
Investigation, and, when appropriate, the United States
Marshals Service), and any other Federal law enforcement
organization the President determines to be appropriate in
order to more effectively combat financial crimes in such area
and make recommendations to the head of each such agency or
department for such redistribution or temporary reassignment.
``(2) Recommend increases in Federal assistance which the
Secretary determines is necessary to combat financial crimes in
such areas.
``(3) Establish joint cooperative efforts, and coordinate
enforcement activities, between Federal law enforcement
agencies and State and local law enforcement agencies with
respect to financial crimes in such area.
``SEC. 975. GRANTS FOR FIGHTING FINANCIAL CRIMES.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to any consortium consisting of 3 or more State or local law
enforcement agencies and prosecutors to provide funding necessary to
investigate and prosecute financial crimes in high-intensity financial
crime areas.
``(b) Authorization.--There are authorized to be appropriated such
sums as may be necessary for fiscal years beginning after fiscal year
1996 to carry out this section.
``SEC. 976. BUDGETS FOR LAW ENFORCEMENT ACTIVITIES RELATING TO
FINANCIAL CRIMES.
``Section 1105 of title 31, United States Code, is amended by
adding at the end the following new subsection:
```(h) The Director of the Office of Management and Budget shall
establish the funding for law enforcement activities with respect to
financial crimes for each applicable department or agency as a separate
object class in each budget annually submitted to the Congress under
this section.'.
``SEC. 977. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Department of the treasury law enforcement
organizations.--The term `Department of the Treasury law
enforcement organizations' has the meaning given to such term
in section 9703(p) of title 31, United States Code.
``(2) Financial crime.--The term `financial crime' means an
offense under section 1956 of title 18, United States Code, or
section 5324 of title 31 of such Code, and any related Federal,
State, or local criminal offense.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.''.
(b) Report and Recommendations.--Before January 1, 1997, the
Secretary shall submit a report to the Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the effectiveness
of and the need for the designation of areas, under section 972 of
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(as added by subsection (a) of this section), as high-intensity
financial crime areas, together with such recommendations for
legislation as the Secretary may determine to be appropriate to carry
out the purposes of such section. | National Financial Crimes Strategy Act of 1996 - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to prescribe guidelines under which: (1) the President, acting through the Secretary of the Treasury (the Secretary), shall develop and submit to the Congress a national strategy for combating financial crimes; and (2) the Secretary is authorized to designate any geographical area of the United States as a "high-intensity financial crime area."
Confers principal responsibility upon the Secretary for implementing the national strategy for combating financial crimes.
Authorizes the Secretary to provide grants to any consortium of three or more State or local law enforcement agencies and prosecutors in order to provide the necessary funding for investigation and prosecution.
Amends Federal monetary law to require the Director of the Office of Management and Budget to establish the funding for financial crime law enforcement activities for each applicable department or agency as a separate object class in each annual budget. | National Financial Crimes Strategy Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act of
2017''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
relating to incest.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Definitions.--In this section--
``(1) the term `law requiring parental involvement in a
minor's abortion decision' means a law in force in the State in
which a minor resides that--
``(A) requires, before an abortion is performed on
the minor--
``(i) notification to, or consent of, a
parent of the minor; or
``(ii) judicial authorization from a State
court; and
``(B) does not provide as an alternative to the
requirements described in subparagraph (A)--
``(i) notification to, or consent of, an
individual who is not a parent of the minor; or
``(ii) authorization from an entity that is
not a State court;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) an individual standing in loco parentis who
has care and control of a minor, with whom the minor
regularly resides, and who is designated by a law
requiring parental involvement in the minor's abortion
decision as an individual to whom notification, or from
whom consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or judicial authorization from a State court, under a
law requiring parental involvement in a minor's abortion
decision; and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.
``(b) Offense.--
``(1) Generally.--Except as provided in subsection (c),
whoever knowingly transports a minor across a State line, with
the intent that the minor obtain an abortion, and thereby in
fact abridges the right of a parent of the minor under a law
requiring parental involvement in a minor's abortion decision,
shall be fined under this title or imprisoned not more than 1
year, or both.
``(2) Definition.--For purposes of this subsection, an
abridgement of the right of a parent of a minor occurs if an
abortion is performed on the minor, in a State other than the
State in which the minor resides, without the parental consent
or notification, or the judicial authorization, that would have
been required under a law requiring parental involvement in a
minor's abortion decision, had the abortion been performed in
the State in which the minor resides.
``(c) Exceptions.--
``(1) Life-endangering conditions.--The prohibition under
subsection (b) shall not apply in the case of an abortion that
is necessary to save the life of a minor because her life is
endangered by a physical disorder, physical injury, or physical
illness, including a life-endangering physical condition caused
by or arising from the pregnancy itself.
``(2) Minors and parents.--A minor transported in violation
of this section, and any parent of the minor, may not be
prosecuted or sued for a violation of this section, a
conspiracy to violate this section, or an offense under section
2 or 3 based on a violation of this section.
``(d) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization, that
would have been required under the law requiring parental involvement
in a minor's abortion decision, had the abortion been performed in the
State in which the minor resides, took place.
``(e) Civil Action.--Any parent who suffers harm from a violation
of subsection (b) may obtain appropriate relief in a civil action,
unless the parent has committed an act of incest with the minor who was
transported in violation of subsection (b).
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to incest
``Notwithstanding section 2431(c)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that the minor obtain an abortion, shall be
fined under this title or imprisoned not more than 1 year, or both.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 117 the following:
``117A. Transportation of minors in circumvention of certain 2431''.
laws relating to abortion. | Child Custody Protection Act of 2017 This bill amends the federal criminal code to make it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill also prohibits and imposes criminal penalties on an individual who commits incest with a minor and knowingly transports the minor across a state line to receive an abortion. | Child Custody Protection Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Competitiveness and
Innovation Strategy Act of 2010''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The United States has not undertaken a national
economic competitiveness strategy since 1978.
(2) Major economic competitors of the United States are
engaged in nationally coordinated efforts to improve their own
competitiveness.
(3) The world economy is at a turning point in the face of
economic challenges, energy constraints, infrastructure, and
manufacturing sector changes.
(4) The United States needs to position itself to take
advantage of the turning point described in paragraph (3) to
ensure the continued economic success of the United States for
the next 50 years.
(b) Sense of Congress.--It is the sense of Congress that the United
States should engage the private sector in order to maximize Government
efforts to improve national competitiveness and further innovation
within specific economic sectors in order to reassert leadership in key
sectors and to improve the quality of, and increase the quantity of,
high-value jobs in the United States.
SEC. 3. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE CAPACITY OF
UNITED STATES AND DEVELOPMENT OF NATIONAL ECONOMIC
COMPETITIVENESS STRATEGY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
complete a comprehensive study of the economic competitiveness
and innovative capacity of the United States.
(2) Matters covered.--The study required by paragraph (1)
shall include the following:
(A) An analysis of the United States economy and
innovation infrastructure.
(B) An assessment of the following:
(i) The current competitive and innovation
performance of the United States economy
relative to other countries that compete
economically with the United States.
(ii) Economic competitiveness and domestic
innovation in the current business climate,
including tax and Federal regulatory policy.
(iii) The business climate of the United
States and those of other countries that
compete economically with the United States.
(iv) Regional issues that influence the
economic competitiveness and innovation
capacity of the United States, including--
(I) the roles of State and local
governments and institutions of higher
education; and
(II) regional factors that
contribute positively to innovation.
(v) The effectiveness of the Federal
Government in supporting and promoting economic
competitiveness and innovation, including any
duplicative efforts of, or gaps in coverage
between, Federal agencies and departments.
(vi) Barriers to competitiveness in newly
emerging business or technology sectors,
factors influencing underperforming economic
sectors, unique issues facing small and medium
enterprises, and barriers to the development
and evolution of start-ups, firms, and
industries.
(vii) The effects of domestic and
international trade policy on the
competitiveness of the United States and the
United States economy.
(viii) United States export promotion and
export finance programs relative to export
promotion and export finance programs of other
countries that compete economically with the
United States, including Canada, France,
Germany, Italy, Japan, Korea, and the United
Kingdom, with noting of export promotion and
export finance programs carried out by such
countries that are not analogous to any
programs carried out by the United States.
(ix) The effectiveness of current policies
and programs affecting exports, including an
assessment of Federal trade restrictions and
State and Federal export promotion activities.
(x) The effectiveness of the Federal
Government and federally funded research and
development centers in supporting and promoting
technology commercialization and technology
transfer.
(xi) Domestic and international
intellectual property policies and practices.
(xii) Manufacturing capacity, logistics,
and supply chain dynamics of major export
sectors, including access to a skilled
workforce, physical infrastructure, and
broadband network infrastructure.
(xiii) Federal and State policies relating
to science, technology, and education and other
relevant Federal and State policies designed to
promote commercial innovation, including
immigration policies.
(C) Development of recommendations on the
following:
(i) How the United States should invest in
human capital.
(ii) How the United States should
facilitate entrepreneurship and innovation.
(iii) How best to develop opportunities for
locally and regionally driven innovation by
providing Federal support.
(iv) How best to strengthen the economic
infrastructure and industrial base of the
United States.
(v) How to improve the international
competitiveness of the United States.
(3) Consultation.--
(A) In general.--The study required by paragraph
(1) shall be conducted in consultation with the
National Economic Council of the Office of Policy
Development, such Federal agencies as the Secretary
considers appropriate, and the Innovation Advisory
Board established under subparagraph (B). The Secretary
shall also establish a process for obtaining comments
from the public.
(B) Innovation advisory board.--
(i) In general.--The Secretary shall
establish an Innovation Advisory Board for
purposes of obtaining advice with respect to
the conduct of the study required by paragraph
(1).
(ii) Composition.--The Advisory Board
established under clause (i) shall be comprised
of 15 members, appointed by the Secretary--
(I) who shall represent all major
industry sectors;
(II) a majority of whom should be
from private industry, including large
and small firms, representing advanced
technology sectors and more traditional
sectors that use technology; and
(III) who may include economic or
innovation policy experts, State and
local government officials active in
technology-based economic development,
and representatives from higher
education.
(iii) Exemption from faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall
not apply to the advisory board established
under clause (i).
(b) Strategy.--
(1) In general.--Not later than 1 year after the completion
of the study required by subsection (a), the Secretary shall
develop, based on the study required by subsection (a)(1), a
national 10-year strategy to strengthen the innovative and
competitive capacity of the Federal Government, State and local
governments, United States institutions of higher education,
and the private sector of the United States.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) Actions to be taken by individual Federal
agencies and departments to improve competitiveness.
(B) Proposed legislative actions for consideration
by Congress.
(C) Annual goals and milestones for the 10-year
period of the strategy.
(D) A plan for monitoring the progress of the
Federal Government with respect to improving conditions
for innovation and the competitiveness of the United
States.
(c) Report.--
(1) In general.--Upon the completion of the strategy
required by subsection (b), the Secretary of Commerce shall
submit to Congress and the President a report on the study
conducted under subsection (a) and the strategy developed under
subsection (b).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Secretary with respect to
the study conducted under subsection (a).
(B) The strategy required by subsection (b). | National Competitiveness and Innovation Strategy Act of 2010 - Directs the Secretary of Commerce to complete a comprehensive study of the economic competitiveness and innovative capacity of the United States.
Requires the Secretary to establish: (1) a process for obtaining public comments; and (2) an Innovation Advisory Board to advise the Secretary with respect to the conduct of the study.
Directs the Secretary to develop, based on the study, a national 10-year strategy for strengthening the innovative and competitive capacity of the federal government, state and local governments, institutions of higher education, and the private sector. | A bill to require the Secretary of Commerce to conduct a study on the economic competitiveness and innovative capacity of the United States and to develop a national economic competitiveness strategy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Standards and
Technology Authorization Act of 2002''.
TITLE I--FISCAL YEARS 2003-2005 AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.
(a) Scientific and Technical Research Services.--There are
authorized to be appropriated to the Secretary of Commerce for the
Scientific and Technical Research Services activities of National
Institute of Standards and Technology:
(1) for the Measurement Standards Laboratories $336,443,000
for fiscal year 2003 and such sums as may be necessary for
fiscal years 2004 and 2005.
(2) for the Malcolm Baldrige National Quality Program
$5,282,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 and 2005.
(b) Industrial Technology Services.--There are authorized to be
appropriated to the Secretary of Commerce for the Industrial Technology
Services activities of National Institute of Standards and Technology:
(1) for the Advanced Technology Program $185,353,000 for
fiscal year 2003 and such sums as may be necessary for fiscal
years 2004 and 2005, of which, for each fiscal year, no less
than $60,700,000 shall be obligated for new awards.
(2) for the Manufacturing Extension Partnership Program
$106,623,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 and 2005.
(c) Construction of Research Facilities.--There are authorized to
be appropriated to the Secretary of Commerce for the Construction of
Research Facilities activities of $63,750,000 for fiscal year 2003 and
such sums as may be necessary for fiscal years 2004 and 2005.
TITLE II--TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS
SEC. 201. RESEARCH FELLOWSHIPS.
Section 18 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-1) is amended by striking ``up to 1 per centum of
the'' in the first sentence.
SEC. 202. BALDRIGE NATIONAL QUALITY PROGRAM.
(a) Establishment of Program.--The National Institute of Standards
and Technology Act (15 U.S.C. 271 et seq.) is amended by--
(1) redesignating sections 23 through 32 as sections 24
through 33, respectively; and
(2) inserting after section 22 the following:
``SEC. 23. ESTABLISHMENT OF THE BALDRIGE NATIONAL QUALITY PROGRAM.
``The Baldrige National Quality Program is established
within the Institute. The purpose is to administer the Malcolm
Baldrige National Quality Award and to perform research and
outreach activities to assist other quality and performance
improvement efforts. The Baldrige National Quality Program
shall serve as a mechanism by which companies in the United
States, universities, other interested parties, and the
Institute can work together to advance quality and performance
management programs and to share and develop, as appropriate,
best practices and strategies for enhancing organizational
performance.''.
(b) Award Limit.--Section 17(c)(3) of the Stevenson-Wydler
Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(3)) is amended
to read as follows:
``(3) Not more than five awards may be made within any
subcategory in any year. No award shall be made within any
category or subcategory if there are no qualifying enterprises
in that category or subcategory.''.
(c) Category.--Section 17(c)(1)(C) of the Stevenson-Wydler
Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(1)) is amended
to read as follows:
``(C) Companies and not-for-profit organizations
that primarily provide service.''.
SEC. 203. ADVANCED TECHNOLOGY PROGRAM.
(a) University Leadership of Joint Ventures.--So much of paragraph
(1) of subsection (b) of section 29 of the National Institute of
Standards and Technology Act, as redesignated by section 202 of this
Act (formerly 15 U.S.C. 278n(b)(1)) as precedes subparagraph (A) is
amended to read as follows:
``(1) aid United States joint research and development
ventures led by industry, or by institutions of higher
education or other non-profit independent research
organizations, but which shall, in any event, include at least
two separately-owned, for-profit companies each of which
participates substantially in the joint ventures (hereafter in
this section referred to as `joint ventures'), including those
involving collaborative technology demonstration projects which
develop and test prototype equipment and processes, through--
''.
(b) Intellectual Property.--
(1) In general.--So much of paragraph (11) of subsection
(d) of section 29 of such Act, as so redesignated, as precedes
subparagraph (B) is amended to read as follows:
``(11)(A) Title to any intellectual property arising from
assistance provided under this section may vest in any company,
non-profit independent research organization or institution of
higher education, incorporated or organized in the United
States, as agreed by the members of a joint venture, or for
awards made to a single company, by the individual awardee,
receiving funding under any particular award made under this
section, notwithstanding sections 202(a) and (b) of title 35,
United States Code. The United States may reserve a
nonexclusive, nontransferable, irrevocable paid- up license, to
have practiced for or on behalf of the United States, any such
intellectual property, but shall not, in the exercise of such
license, publicly disclose proprietary information related to
the license. Title to any such intellectual property shall not
be transferred or passed, except to a company, non-profit
independent research organization, or institution of higher
education, incorporated or organized in the United States,
until the expiration of the first patent obtained in connection
with such intellectual property.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall apply to any Advanced Technology Program award made on or
after that date.
(c) Ensuring Scientific Basis of Projects.--Subsection (d) of
section 29 of such Act, as so redesignated, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12); and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) No contract or award may be made for any project
unless such project may remove a scientific or technological
barrier to product development.''.
(d) Industry and Peer Review.--Subsection (g) of section 29 of such
Act, as so redesignated, is amended to read as follows:
``(g) Industry and Peer Review of Proposals; Standard of Review.--
``(1) In order to analyze the need for or the value of
joint ventures and other research projects in specific
technical fields, to evaluate any proposal made by a joint
venture or company requesting the Secretary's assistance, or to
monitor the progress of any joint venture or any company
research project which receives Federal funds under the
Program, the Secretary, the Under Secretary of Commerce for
Technology, and the Director may, notwithstanding any other
provision of law, meet with, or enter into contracts with, such
industry or other expert sources as they consider useful and
appropriate.
``(2) The Director shall conduct a study of, and thereafter
monitor, whether the industry and other expert sources being
utilized under paragraph (1) could benefit from advice and
information from additional non-governmental sources without a
proprietary or financial interest in proposals being evaluated
in order to better assess whether specific innovations to be
pursued are being adequately supported by the private
sector.''.
(e) Institution of Higher Education Defined.--Subsection (j) of
section 29 of such Act, as so redesignated, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001(a));''.
(f) Miscellaneous.--Section 29 of such Act, as so redesignated, is
amended by adding at the end the following:
``(l) Vesting Title to Equipment.--The Secretary, acting through
the Director, may vest title to tangible personal property in any
eligible recipient under this section if--
``(1) the property is purchased with funds provided under
this section; and
``(2) the Secretary, acting through the Director,
determines that the vesting of such property furthers the
objectives of the Institute; and then the recipient shall have
no further obligation to the United States Government with
regard to equipment disposition.
``(m) No Cost Time Extension.--Notwithstanding subsections
(b)(1)(B)(ii) and (d)(4), the Director may grant extensions beyond the
deadlines established under those subsections for joint venture and
single company awardees to expend Federal funds to complete their
projects, if such extension may be granted with no additional cost to
the Federal Government and it is in the interest of the Federal
Government to do so.
``(n) Selecting Official.--
``(1) In general.--The Selecting Official designated under
part 295 of title 15, Code of Federal Regulations, shall be an
employee of the Institute who is not a political appointee. The
decision of the Selecting Official shall be final and shall not
be influenced by any political appointee of the Institute or of
the Department of Commerce.
``(2) Definition of political appointee.-- For purposes of
this subsection, the term `political appointee' means any
individual who--
``(A) is employed in a position listed in sections
5312 through 5316 of title 5 (relating to the Executive
Schedule);
``(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in the
Senior Executive Service, as defined under paragraphs
(5), (6), and (7), respectively, of section 3132(a) of
title 5; or
``(C) is employed in a position in the executive
branch of the Government of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5 of the Code of Federal
Regulations.''.
SEC. 204. MANUFACTURING EXTENSION PARTNERSHIP.
Section 26 of the National Institute of Standards and Technology
Act, as redesignated by section 202 of this Act (formerly 15 U.S.C.
278k), is amended by adding at the end the following:
``(e) Nongovernmental Organizations.--Notwithstanding any other
provision of law, when entering into procurement contracts or financial
assistance agreements for the purpose of carrying out collective
research and development initiatives pertaining to paragraph (a) of
this section, the Secretary may limit eligibility to non-profit
organizations. The Secretary may seek and accept contributions from
public and private sources to support these efforts as necessary.''.
SEC. 205. FINANCIAL AGREEMENTS.
(a) Clarification.--Section 2(b)(4) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended by
inserting ``and grants and cooperative agreements,'' after
``arrangements,''.
(b) Memberships.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(21);
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
``(22) notwithstanding subsection (b)(4) of this section,
the Grants and Cooperative Agreements Act (31 U.S.C. 6301-
6308), the Competition in Contracting Act (31 U.S.C. 3551-
3556), and the Federal Acquisition Regulations set forth in
title 48, Code of Federal Regulations, to expend appropriated
funds for National Institute of Standards and Technology
memberships in scientific organizations, registration fees for
attendance at conferences, and sponsorship of conferences in
furtherance of technology transfer; and''.
SEC. 206. WORKING CAPITAL FUND.
Section 12 of the National Institute of Standards and Development
Act (15 U.S.C. 278b) is amended by adding at the end the following:
``(g) Amount and Source of Transfers.--Not to exceed one-quarter
per centum of the amounts appropriated to the Institute for any fiscal
year may be transferred to the fund, in addition to any other transfer
authority. In addition, funds provided to the Institute from other
Federal agencies for the purpose of production of Standard Reference
Materials may be transferred to the fund.''.
SEC. 207. OUTDATED SPECIFICATIONS.
(a) Redefinition of Metric System.--The Metric System Act of 1866
(15 U.S.C. 205; 14 Stat. 339, 340) is amended by striking the text of
section 2 and inserting the following:
``The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.''.
(b) Repeal of Redundant and Obsolete Authority.--The Act of July
21, 1950, entitled, ``An Act To redefine the units and establish the
standards of electrical and photometric measurements of 1950'' (15
U.S.C. 223, 224) is hereby repealed.
(c) Standard Time.--The first section of the Act of March 19, 1918,
(15 U.S.C 261; commonly known as the Calder Act) is amended--
(1) by inserting ``(a) In General.--'' before ``For the
purpose'';
(2) by striking the second sentence and the extra period
after it and inserting ``Except as provided in section 3(a) of
the Uniform Time Act of 1966, the standard time of the first
zone shall be Coordinated Universal Time retarded by 4 hours;
that of the second zone retarded by 5 hours; that of the third
zone retarded by 6 hours; that of the fourth zone retarded by 7
hours; that of the fifth zone retarded 8 hours; that of the
sixth zone retarded by 9 hours; that of the seventh zone
retarded by 10 hours; that of the eighth zone retarded by 11
hours; and that of the ninth zone shall be Coordinated
Universal Time advanced by 10 hours.''; and
(3) adding at the end the following:
``(b) Coordinated Universal Time Defined.--In this section, the
term `Coordinated Universal Time' means the time scale maintained
through the General Conference of Weights and Measures and interpreted
or modified for the United States by the Secretary of Commerce.''.
SEC. 208. RETENTION OF DEPRECIATION SURCHARGE.
Section 14 of the National Institute of Standards and Technology
Act (15 U.S.C. 278d) is amended--
(1) by inserting ``(a) In General.--'' before ``Within'';
and
(2) adding at the end the following:
``(b) Retention of Fees.--The Director is authorized to retain all
building use and depreciation surcharge fees collected pursuant to OMB
Circular A-25. Such fees shall be collected and credited to the
Construction of Research Facilities Appropriation Account for use in
maintenance and repair of National Institute of Standards and
Technology's existing facilities.''.
SEC. 209. NON-ENERGY INVENTIONS PROGRAM.
Section 28 of the National Institute of Standards and Technology
Act, as redesignated by section 202 of this Act (formerly 15 U.S.C.
278m), is repealed. | National Institute of Standards and Technology Authorization Act of 2002 - Authorizes appropriations to the Secretary of Commerce for: (1) Scientific and Technical Research Services activities of the National Institute of Standards and Technology (NIST) for the Measurement Standards Laboratories and the Malcomb Baldrige National Quality Program; and (2) Industrial Technology Services activities of NIST for the Advanced Technology Program and the Manufacturing Extension Partnership Program; and (3) Construction of Research Facilities activities.Amends the National Institute of Standards and Technology Act to remove the one percent limit on NIST funds the Director of NIST is authorized to expend for awards of research fellowships and other financial assistance to students.Establishes the Baldrige National Quality Program within NIST to administer the Malcolm Baldrige National Quality Award and to perform research and outreach activities to assist quality and performance improvement efforts. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) increase the number of Malcolm awards; and (2) include not-for-profit organizations as qualifying organizations.Modifies NIST Act provisions regarding the Advanced Technology Program, including by authorizing: (1) the Secretary to aid U.S. joint research and development (R&D) ventures led by institutions of higher education or other nonprofit research organizations; and (2) the Secretary, the Under Secretary of Commerce for Technology, and the Director to enter into contracts with experts to analyze the need for or value of joint ventures in specific technical fields.Authorizes: (1) the Secretary, when entering into procurement contracts or financial assistance agreements to carry out collective R&D initiatives, to limit eligibility to nonprofit organizations; and (2) the Director to retain building use and depreciation surcharge fees for maintenance and repair of NIST facilities.Repeals provisions requiring the Director to establish a non-energy inventions program. | A bill to authorize appropriations for the programs of the Department of Commerce's National Institute of Standards and Technology, to amend the National Institute of Standards and Technology Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Urban Search and Rescue
Response System Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to clarify and codify the preparedness
and response authority of the National Urban Search and Rescue Response
System for Federal response to structural collapses resulting from acts
of terrorism and other incidents as determined by the Secretary.
SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 522. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) In General.--There is in the Department an emergency response
system to be known as the `National Urban Search and Rescue Response
System' (referred to in this section as the `System'). Through the
System, the Secretary shall provide for a national network of
standardized search and rescue resources to assist States and local
governments in responding to structural collapses resulting from acts
of terrorism and other incidents that the Secretary determines are
appropriate.
``(b) Administration of System.--The Secretary shall administer the
System as follows:
``(1) The Secretary shall select and designate task forces
to participate in the System. The Secretary shall determine the
criteria for such participation.
``(2) The Secretary shall enter into an agreement with the
sponsoring agency of each task force with respect to the
participation of the task force in the System.
``(3) A task force may include States, local governments,
private non-profit organizations, and for-profit entities as
participating agencies, at the discretion of the sponsoring
agency of the task force. The sponsoring agency may also, in
its discretion, allow the task force to include individuals not
otherwise associated with the sponsoring agency or a
participating agency in the task force.
``(4) The Secretary shall maintain such management and
other technical teams as the Secretary determines are necessary
to administer the System.
``(c) Preparedness Cooperative Agreements.--Subject to the
availability of appropriations for such purpose, the Secretary shall
enter into an annual preparedness cooperative agreement with each
sponsoring agency. Amounts made available to a sponsoring agency under
such a preparedness cooperative agreement shall be for the following
purposes:
``(1) Training and exercises with other Federal, State, and
local government response entities.
``(2) Acquisition and maintenance of equipment, including
interoperable communications and personal protective equipment.
``(3) Medical monitoring required for responder safety,
security, and health.
``(d) Response Cooperative Agreements.--The Secretary shall enter
into a response cooperative agreement with each sponsoring agency, as
appropriate, under which the Secretary agrees to reimburse the
sponsoring agency for costs incurred in responding to an incident
described in subsection (a).
``(e) Appointment Into Federal Service.--
``(1) In general.--In addition to the exercise of any other
authorities under this section, the Secretary may appoint a
System member for exercises, pre-incident staging, or major
disaster, emergency response, or training events sponsored or
sanctioned by the Agency without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service.
``(2) Employment status.--Regardless of any other
employment status, a System member who is appointed into
Federal service pursuant to this subsection is deemed an
employee of a Federal agency for all purposes except--
``(A) subchapter III of chapter 83 of title 5,
United States Code, pertaining to labor grievances,
appeal and review, or any applicable retirement system;
``(B) chapter 87 of title 5, United States Code,
pertaining to life insurance; and
``(C) chapter 89 of title 5, United States Code,
pertaining to health insurance, or other applicable
health benefits system unless the System member's
appointment results in the loss of coverage in a group
health benefits plan the premium of which has been paid
in whole or in part by a State or local government
contribution.
``(3) Compensation.--During a period of appointment into
Federal service pursuant to this subsection--
``(A) the Secretary shall reimburse, through the
sponsoring agency, the System member's pay and the
employer contribution to any State or local government
retirement, life insurance, or health benefit plans on
behalf of the System member. A System member shall not
be entitled to pay directly from the Agency; and
``(B) the Secretary shall reimburse, through the
sponsoring agency, the pay and employer contribution to
any State or local government retirement, life
insurance, or health benefit plans of an employee who
fills the position normally filled by a System member
appointed into Federal service pursuant to this
subsection to the extent that those costs are in excess
of the costs that would have been incurred had the
System member not been appointed into Federal service.
``(4) Personal injury, illness, disability, or death.--
``(A) In general.--A System member who is appointed
into Federal service pursuant to this subsection and
who suffers personal injury, illness, disability, or
death as a result of personal injury sustained while in
the performance of the member's duty during the
appointment into Federal service shall, for the
purposes of subchapter I of chapter 81 of title 5,
United States Code, be treated as though the member
were an employee (as defined by section 8101 of such
title) who had sustained the injury in the performance
of duty.
``(B) Election of benefits.--When a System member
(or, in the case of the death of the System member, the
System member's dependent) is entitled by reason of
injury, illness, disability, or death to benefits under
subchapter I of chapter 81 of title 5, United States
Code, and is also entitled to benefits from a State or
local government for the same injury, illness,
disability, or death, the System member (or such
dependent) shall elect which benefits the System member
will receive. The election shall be made not later than
1 year after the injury, illness, disability or death,
or such further time as the Secretary of Labor may
allow for reasonable cause shown. When made, the
election is irrevocable unless otherwise provided by
law.
``(C) Reimbursement for state or local benefits.--
In the event that a System member elects benefits from
a State or local government under subparagraph (B), the
Secretary may reimburse that State or local government
for the value of those benefits.
``(5) Liability.--A System member appointed into Federal
service pursuant to this subsection is deemed an employee of
the Agency for the purposes of the Federal Tort Claims Act and
any other Federal third party liability statute.
``(6) Employment and reemployment rights.--The following
apply with respect to a System member who is not a regular
full-time employee of a sponsoring agency or participating
agency during periods of appointment to Federal service
pursuant to this subsection:
``(A) Service as a System member shall be deemed
`service in the uniformed services' for purposes of
chapter 43 of title 38, United States Code, pertaining
to employment and reemployment rights of individuals
who have performed service in the uniformed services
(regardless of whether the individual receives
compensation for such participation). All rights and
obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as
provided for in chapter 43 of title 38, United States
Code.
``(B) Preclusion of giving notice of service by
necessity of appointment under this section shall be
deemed preclusion by `military necessity' for purposes
of section 4312(b) of title 38, United States Code,
pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Secretary.
``(C) Subject to the availability of
appropriations, the Secretary may recognize employer
support of the deployment of National Urban Search and
Rescue Response System members, and their cooperation
to allow System members to receive authorized training.
``(f) Licenses and Permits.--If a System member who is appointed
into Federal service under this subsection holds a valid license,
certificate, or other permit issued by any State or other governmental
jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, that System member shall be deemed to be performing a
Federal activity when rendering aid involving such skill or assistance.
``(g) Advisory Subcommittee.--
``(1) In general.--The Secretary shall establish and
maintain an advisory subcommittee of the National Advisory
Council established under section 508 to provide expert
recommendations to the Secretary in order to assist the
Secretary in administering the System.
``(2) Composition.--The advisory subcommittee shall be
composed of members from geographically diverse areas, and
shall include--
``(A) the chief officer or senior executive from at
least three sponsoring agencies;
``(B) the senior emergency manager from at least
two States that have sponsoring agencies; and
``(C) at least one representative recommended by
the leaders of the task forces.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2008 through 2012, $52,000,000
for the National Urban Search and Rescue Response System. Of any amount
made available pursuant to this subsection, not less than 80 percent of
such amount shall be provided equally to each of the task forces to be
used for preparedness activities.
``(i) Definitions.--In this section:
``(1) The term `participating agency' means a State or
local government, non-profit organization, or private
organization that has executed an agreement with a sponsoring
agency to participate in the System.
``(2) The term `sponsoring agency' means a State or local
government that is the sponsor of a task force designated by
the Secretary to participate in the System.
``(3) The term `System member' means an individual who is
not a regular full-time employee of the Federal Government, who
serves on a task force or on a System management or other
technical team.
``(4) The term `task force' means an urban search and
rescue team designated by the Secretary to participate in the
System.''.
(b) Conforming Amendments.--
(1) Applicability of title 5, united states code.--Section
8101(1) of title 5, United States Code, is amended--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by inserting ``; and''
after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(F) an individual who is a System member of the
National Urban Search and Rescue Response System, when
appointed into Federal service pursuant to section
522(f) of the Homeland Security Act of 2002.''.
(2) Inclusion as part of uniformed services for purposes of
userra.--Section 4303 of title 38, United States Code, is
amended--
(A) in paragraph (13), by adding at the end the
following: ``Such service also includes any authorized
exercises, pre-incident staging, or major disaster,
emergency response, or training events sponsored or
sanctioned by the Department of Homeland Security and
carried out by the National Urban Search and Rescue
Response System under section 522 of the Homeland
Security Act of 2002.''.
(B) in paragraph (16), by inserting after ``Public
Health Service,'' the following: ``, System members of
the National Urban Search and Rescue Response System
when engaged in any authorized exercise, pre-incident
staging, activation, or major disaster, emergency
response, or training event sponsored or sanctioned by
the Federal Emergency Management Agency,''. | National Urban Search and Rescue Response System Act of 2007 - Amends the Homeland Security Act of 2002 to codify provisions establishing in the Department of Homeland Security (DHS) the National Urban Search and Rescue Response System, under which the Secretary of Homeland Security shall provide for a national network of standardized search and rescue resources to assist state and local governments in responding to structural collapses resulting from terrorist acts and other incidents.
Directs the Secretary to: (1) select and designate task forces to participate in the System and determine criteria for participation; (2) enter into an agreement with the sponsoring agency of each task force regarding participation; and (3) maintain such management and technical teams as the Secretary deems necessary. Authorizes a task force to include states, local governments, private nonprofit organizations, and for-profit entities.
Directs the Secretary (subject to specified limitations) to enter into, with each sponsoring agency: (1) an annual preparedness cooperative agreement; and (2) a response cooperative agreement, under which the Secretary agrees to reimburse agency costs incurred in responding to incidents.
Authorizes the Secretary to appoint a System member for sponsored or sanctioned exercises, pre-incident staging, or major disaster, emergency response, or training events. Sets forth provisions regarding: (1) appointment into federal service, including employment status, compensation, treatment as an employee in the event of personal injury, illness, disability, or death, liability, and employment and re-employment rights; and (2) licenses and permits. Directs the Secretary to establish and maintain an advisory subcommittee of the National Advisory Council. | To amend the Homeland Security Act of 2002 to establish the National Urban Search and Rescue Response System. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Assistance with the
Paperwork from Excessive Regulations Act of 2012''.
SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY
SMALL BUSINESS CONCERNS.
Section 3506 of title 44, United States Code (commonly referred to
as the ``Paperwork Reduction Act''), is amended by adding at the end
the following:
``(j) Suspension of Fines for Certain Small Business Concerns.--
``(1) Small business concern.--In this subsection, the term
`small business concern' given that term under section 3 of the
Small Business Act (15 U.S.C. 632).
``(2) In general.--In the case of a first-time violation by
a small business concern of a requirement regarding the
collection of information by an agency, the head of the agency
shall not impose a civil fine on the small business concern
unless the head of the agency determines that--
``(A) the violation has the potential to cause
serious harm to the public interest;
``(B) failure to impose a civil fine would impede
or interfere with the detection of criminal activity;
``(C) the violation is a violation of an internal
revenue law or a law concerning the assessment or
collection of any tax, debt, revenue, or receipt;
``(D) the violation was not corrected on or before
the date that is 6 months after the date on which the
small business concern receives notification of the
violation in writing from the agency; or
``(E) except as provided in paragraph (3), the
violation presents a danger to the public health or
safety.
``(3) Danger to public health or safety.--
``(A) In general.--In any case in which the head of
an agency determines under paragraph (2)(E) that a
violation presents a danger to the public health or
safety, the head of the agency may, notwithstanding
paragraph (2)(E), determine not to impose a civil fine
on the small business concern if the violation is
corrected not later than 5 business days after receipt
by the owner of the small business concern of
notification of the violation in writing.
``(B) Considerations.--In determining whether to
allow a small business concern 5 business days to
correct a violation under subparagraph (A), the head of
an agency shall take into account all of the facts and
circumstances regarding the violation, including--
``(i) the nature and seriousness of the
violation, including whether the violation is
technical or inadvertent or involves willful or
criminal conduct;
``(ii) whether the small business concern
has made a good faith effort to comply with
applicable laws and to remedy the violation
within the shortest practicable period of time;
and
``(iii) whether the small business concern
has obtained a significant economic benefit
from the violation.
``(C) Notice to congress.--In any case in which the
head of an agency imposes a civil fine on a small
business concern for a violation that presents a danger
to the public health or safety and does not allow the
small business concern 5 business days to correct the
violation under subparagraph (A), the head of the
agency shall notify Congress regarding the
determination not later than 60 days after the date on
which the civil fine is imposed by the agency.
``(4) Limited to first-time violations.--
``(A) In general.--This subsection shall not apply
to any violation by a small business concern of a
requirement regarding collection of information by an
agency if the small business concern previously
violated any requirement regarding collection of
information by the agency.
``(B) Other agencies.--For purposes of making a
determination under subparagraph (A), the head of an
agency shall not take into account any violation of a
requirement regarding collection of information by
another agency.''. | Providing Assistance with the Paperwork from Excessive Regulations Act of 2012 - Amends the Paperwork Reduction Act to direct agency heads not to impose a civil fine for a first-time paperwork violation by a small business concern unless: (1) there is potential for serious harm to the public interest; (2) the detection of criminal activity would be impaired; (3) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; (4) the small business concern fails to correct such violation within six months after receiving notice of the violation; or (5) the violation presents a danger to the public health or safety.
Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within five days after receipt by the small business concern of notification of the violation in writing.
Makes this Act inapplicable to any violation by a small business concern of a requirement regarding the collection of information by an agency if the small business concern previously violated any requirement regarding the collection of information by that agency. | To amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small entities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Against Infectious Diseases
Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative medical care facility.--The term
``alternative medical care facility'' means a site capable of
meeting medical surge capacity needs.
(2) Commissioned corps of the public health service.--The
term ``Commissioned Corps of the Public Health Service'' means
the Regular Corps and the Reserve Corps of the Public Health
Service established under section 203 of the Public Health
Service Act (42 U.S.C. 204).
(3) Medical reserve corps.--The term ``Medical Reserve
Corps'' means the Medical Reserve Corps established under
section 2813 of the Public Health Service Act (42 U.S.C. 300hh-
15).
(4) Medical surge.--The term ``medical surge'' means the
response capabilities needed for increased demand of medical
resources which surpass normal resource capacities or
capabilities.
(5) Metropolitan medical response system.--The term
``Metropolitan Medical Response System'' means the Metropolitan
Medical Response System established under section 635 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
723).
(6) Subsistence supplies.--The term ``subsistence
supplies'' means the food, water, medicine, and sanitation
products necessary for subsistence of disaster population and
pets.
(7) Social distancing.--The term ``social distancing''
means community infection control measures comprised of a
variety of non-pharmaceutical strategies designed to limit the
transmission of pandemic influenza and other highly infectious
diseases and thus permit additional time until sufficient
supplies of vaccines, antivirals, or other applicable medical
countermeasures become available to support a mass response
effort.
SEC. 3. STATE AND LOCAL GOVERNMENT INCLUSION IN PLANNING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President, or the designee of the President, shall
convene a consortium of representatives of State, local, and tribal
governments, including representatives of State, local, and tribal
intergovernmental and health organizations, to assess the adequacy of
guidance for State and local government planning in the National
Strategy for Pandemic Flu and the National Strategy for Pandemic
Influenza Implementation Plan.
(b) Update of the Strategy and Plan.--Not later than 1 year after
the convening of the consortium described under subsection (a), and
every 4 years thereafter, the President, or the designee of the
President, shall convene another consortium with representatives
described under that subsection to review and update the National
Strategy for Pandemic Flu and the National Strategy for Pandemic
Influenza Implementation Plan.
SEC. 4. SURVEY OF ALTERNATIVE MEDICAL CARE FACILITIES.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Secretary of Homeland Security, shall conduct a
survey to identify appropriate alternative medical care facilities,
including academic, military, and private sector venues for the
prophylaxis for, and treatment of, infectious diseases outbreaks.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit a
report on the survey conducted under subsection (a) to the appropriate
committees of the Senate and House of Representatives.
SEC. 5. ACQUISITION AND DISTRIBUTION OF SUBSISTENCE SUPPLIES.
The Secretary of Homeland Security shall identify the specific
resources, including subsistence supplies and personnel, that may be
required to support the implementation of strategies for social
distancing and medical surge during a federally declared emergency or
major disaster to prevent the introduction, transmission, and spread of
communicable disease and ensure the proper delivery of crisis and
medical care.
SEC. 6. FEDERAL PREPAREDNESS FOR INFECTIOUS DISEASE OUTBREAKS AND
BIOLOGICAL ATTACKS.
Not later than 1 year after the date of enactment of this Act, the
Government Accountability Office shall submit a report to the
appropriate committees of the Senate and House of Representatives that
describes the roles and responsibilities, capabilities, and
coordination of Federal assets for medical response to infectious
disease outbreaks or biological attacks, including those roles,
responsibilities, and capabilities relating to--
(1) the Office of Health Affairs of the Department of
Homeland Security;
(2) the Metropolitan Medical Response System of the
Department of Homeland Security;
(3) the Office of the Assistant Secretary for Preparedness
and Response of the Department of Health and Human Services;
(4) the Medical Reserve Corps;
(5) the Commissioned Corps of the Public Health Service;
and
(6) the National Disaster Medical System. | Defense Against Infectious Diseases Act of 2009 - Directs the President: (1) to convene a consortium of representatives of state, local, and tribal governments to assess the adequacy of guidance for state and local government planning in the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan; and (2) within one year after convening such consortium and every four years thereafter, to convene another consortium to review and update such Strategy and Plan.
Requires the Secretary of Health and Human Services (HHS), in coordination with the Secretary of Homeland Security (DHS), to conduct a survey to identify appropriate alternative medical care facilities capable of meeting medical surge capacity needs for the prophylaxis for, and treatment of, infectious diseases outbreaks.
Directs the Secretary of DHS to identify specific resources, including subsistence supplies and personnel, that may be required to support the implementation of strategies for social distancing and medical surge during a federally declared emergency or major disaster to prevent the introduction, transmission, and spread of communicable disease and ensure the proper delivery of crisis and medical care.
Requires the Government Accountability Office (GAO) to report to the appropriate Senate and House committees describing the roles and responsibilities, capabilities, and coordination of federal assets for medical response to infectious disease outbreaks or biological attacks. | A bill to provide for the enhancement of United States preparedness for outbreaks of infectious disease to protect homeland security. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Addiction Treatment Act of
2000''.
SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking ``(A) security'' and
inserting ``(i) security'', and by striking ``(B) the
maintenance'' and inserting ``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and
inserting ``Except as provided in paragraph (2), practitioners
who dispense''; and
(5) by adding at the end the following paragraph:
``(2)(A) Subject to subparagraphs (D) and (J), the requirements of
paragraph (1) are waived in the case of the dispensing (including the
prescribing), by a practitioner, of narcotic drugs in schedule III, IV,
or V or combinations of such drugs if the practitioner meets the
conditions specified in subparagraph (B) and the narcotic drugs or
combinations of such drugs meet the conditions specified in
subparagraph (C).
``(B) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to a practitioner are that, before the
initial dispensing of narcotic drugs in schedule III, IV, or V or
combinations of such drugs to patients for maintenance or
detoxification treatment, the practitioner submit to the Secretary a
notification of the intent of the practitioner to begin dispensing the
drugs or combinations for such purpose, and that the notification
contain the following certifications by the practitioner:
``(i) The practitioner is a qualifying physician (as
defined in subparagraph (G)).
``(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the
practitioner has the capacity to refer the patients for
appropriate counseling and other appropriate ancillary
services.
``(iii) In any case in which the practitioner is not in a
group practice, the total number of such patients of the
practitioner at any one time will not exceed the applicable
number. For purposes of this clause, the applicable number is
30, except that the Secretary may by regulation change such
total number.
``(iv) In any case in which the practitioner is in a group
practice, the total number of such patients of the group
practice at any one time will not exceed the applicable number.
For purposes of this clause, the applicable number is 30,
except that the Secretary may by regulation change such total
number, and the Secretary for such purposes may by regulation
establish different categories on the basis of the number of
practitioners in a group practice and establish for the various
categories different numerical limitations on the number of
such patients that the group practice may have.
``(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III, IV,
or V or combinations of such drugs are as follows:
``(i) The drugs or combinations of drugs have, under the
Federal Food, Drug, and Cosmetic Act or section 351 of the
Public Health Service Act, been approved for use in maintenance
or detoxification treatment.
``(ii) The drugs or combinations of drugs have not been the
subject of an adverse determination. For purposes of this
clause, an adverse determination is a determination published
in the Federal Register and made by the Secretary, after
consultation with the Attorney General, that the use of the
drugs or combinations of drugs for maintenance or
detoxification treatment requires additional standards
respecting the qualifications of practitioners to provide such
treatment, or requires standards respecting the quantities of
the drugs that may be provided for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions under
subparagraphs (B) and (C)) the following conditions are met:
``(I) The notification under subparagraph (B) is in writing
and states the name of the practitioner.
``(II) The notification identifies the registration issued
for the practitioner pursuant to subsection (f).
``(III) If the practitioner is a member of a group
practice, the notification states the names of the other
practitioners in the practice and identifies the registrations
issued for the other practitioners pursuant to subsection (f).
``(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an
identification number under this paragraph for inclusion with the
registration issued for the practitioner pursuant to subsection (f).
The identification number so assigned clause shall be appropriate to
preserve the confidentiality of patients for whom the practitioner has
dispensed narcotic drugs under a waiver under subparagraph (A).
``(iii) Not later than 45 days after the date on which the
Secretary receives a notification under subparagraph (B), the Secretary
shall make a determination of whether the practitioner involved meets
all requirements for a waiver under subparagraph (B). If the Secretary
fails to make such determination by the end of the such 45-day period,
the Attorney General shall assign the physician an identification
number described in clause (ii) at the end of such period.
``(E)(i) If a practitioner is not registered under paragraph (1)
and, in violation of the conditions specified in subparagraphs (B)
through (D), dispenses narcotic drugs in schedule III, IV, or V or
combinations of such drugs for maintenance treatment or detoxification
treatment, the Attorney General may, for purposes of section 304(a)(4),
consider the practitioner to have committed an act that renders the
registration of the practitioner pursuant to subsection (f) to be
inconsistent with the public interest.
``(ii)(I) A practitioner who in good faith submits a notification
under subparagraph (B) and reasonably believes that the conditions
specified in subparagraphs (B) through (D) have been met shall, in
dispensing narcotic drugs in schedule III, IV, or V or combinations of
such drugs for maintenance treatment or detoxification treatment, be
considered to have a waiver under subparagraph (A) until notified
otherwise by the Secretary.
``(II) For purposes of subclause (I), the publication in the
Federal Register of an adverse determination by the Secretary pursuant
to subparagraph (C)(ii) shall (with respect to the narcotic drug or
combination involved) be considered to be a notification provided by
the Secretary to practitioners, effective upon the expiration of the
30-day period beginning on the date on which the adverse determination
is so published.
``(F)(i) With respect to the dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to patients for
maintenance or detoxification treatment, a practitioner may, in his or
her discretion, dispense such drugs or combinations for such treatment
under a registration under paragraph (1) or a waiver under subparagraph
(A) (subject to meeting the applicable conditions).
``(ii) This paragraph may not be construed as having any legal
effect on the conditions for obtaining a registration under paragraph
(1), including with respect to the number of patients who may be served
under such a registration.
``(G) For purposes of this paragraph:
``(i) The term `group practice' has the meaning given such
term in section 1877(h)(4) of the Social Security Act.
``(ii) The term `qualifying physician' means a physician
who is licensed under State law and who meets one or more of
the following conditions:
``(I) The physician holds a subspecialty board
certification in addiction psychiatry from the American
Board of Medical Specialties.
``(II) The physician holds an addiction
certification from the American Society of Addiction
Medicine.
``(III) The physician holds a subspecialty board
certification in addiction medicine from the American
Osteopathic Association.
``(IV) The physician has, with respect to the
treatment and management of opiate-dependent patients,
completed not less than eight hours of training
(through classroom situations, seminars at professional
society meetings, electronic communications, or
otherwise) that is provided by the American Society of
Addiction Medicine, the American Academy of Addiction
Psychiatry, the American Medical Association, the
American Osteopathic Association, the American
Psychiatric Association, or any other organization that
the Secretary determines is appropriate for purposes of
this subclause.
``(V) The physician has participated as an
investigator in one or more clinical trials leading to
the approval of a narcotic drug in schedule III, IV, or
V for maintenance or detoxification treatment, as
demonstrated by a statement submitted to the Secretary
by the sponsor of such approved drug.
``(VI) The physician has such other training or
experience as the State medical licensing board (of the
State in which the physician will provide maintenance
or detoxification treatment) considers to demonstrate
the ability of the physician to treat and manage
opiate-dependent patients.
``(VII) The physician has such other training or
experience as the Secretary considers to demonstrate
the ability of the physician to treat and manage
opiate-dependent patients. Any criteria of the
Secretary under this subclause shall be established by
regulation. Any such criteria are effective only for 3
years after the date on which the criteria are
promulgated, but may be extended for such additional
discrete 3-year periods as the Secretary considers
appropriate for purposes of this subclause. Such an
extension of criteria may only be effectuated through a
statement published in the Federal Register by the
Secretary during the 30-day period preceding the end of
the 3-year period involved.
``(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance Abuse
and Mental Health Services Administration, the Director of the Center
for Substance Abuse Treatment, the Director of the National Institute
on Drug Abuse, and the Commissioner of Food and Drugs, the Secretary
shall issue regulations (through notice and comment rulemaking) or
issue practice guidelines to address the following:
``(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
``(II) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize any
Federal official or employee to exercise supervision or control over
the practice of medicine or the manner in which medical services are
provided.
``(ii) Not later than 120 days after the date of the enactment of
the Drug Addiction Treatment Act of 2000, the Secretary shall issue a
treatment improvement protocol containing best practice guidelines for
the treatment and maintenance of opiate-dependent patients. The
Secretary shall develop the protocol in consultation with the Director
of the National Institute on Drug Abuse, the Director of the Center for
Substance Abuse Treatment, the Administrator of the Drug Enforcement
Administration, the Commissioner of Food and Drugs, the Administrator
of the Substance Abuse and Mental Health Services Administration, and
other substance abuse disorder professionals. The protocol shall be
guided by science.
``(I) During the 3-year period beginning on the date of the
enactment of the Drug Addiction Treatment Act of 2000, a State may not
preclude a practitioner from dispensing or prescribing drugs in
schedule III, IV, or V, or combinations of such drugs, to patients for
maintenance of detoxification treatment in accordance with this
paragraph unless, before the expiration of that 3-year period, the
State enacts a law prohibiting a practitioner from dispensing such
drugs or combinations of drug.
``(J)(i) This paragraph takes effect on the date of the enactment
of the Drug Addiction Treatment Act of 2000, and remains in effect
thereafter except as provided in clause (iii) (relating to a decision
by the Secretary or the Attorney General that this paragraph should not
remain in effect).
``(ii) For purposes relating to clause (iii), the Secretary and the
Attorney General may, during the 3-year period beginning on the date of
the enactment of the Drug Addiction Treatment Act of 2000, make
determinations in accordance with the following:
``(I) The Secretary may make a determination of whether
treatments provided under waivers under subparagraph (A) have
been effective forms of maintenance treatment and
detoxification treatment in clinical settings; may make a
determination of whether such waivers have significantly
increased (relative to the beginning of such period) the
availability of maintenance treatment and detoxification
treatment; and may make a determination of whether such waivers
have adverse consequences for the public health.
``(II) The Attorney General may make a determination of the
extent to which there have been violations of the numerical
limitations established under subparagraph (B) for the number
of individuals to whom a practitioner may provide treatment;
may make a determination of whether waivers under subparagraph
(A) have increased (relative to the beginning of such period)
the extent to which narcotic drugs in schedule III, IV, or V or
combinations of such drugs are being dispensed or possessed in
violation of this Act; and may make a determination of whether
such waivers have adverse consequences for the public health.
``(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes in the Federal
Register a decision, made on the basis of determinations under such
clause, that this paragraph should not remain in effect, this paragraph
ceases to be in effect 60 days after the date on which the decision is
so published. The Secretary shall in making any such decision consult
with the Attorney General, and shall in publishing the decision in the
Federal Register include any comments received from the Attorney
General for inclusion in the publication. The Attorney General shall in
making any such decision consult with the Secretary, and shall in
publishing the decision in the Federal Register include any comments
received from the Secretary for inclusion in the publication.''.
(b) Conforming Amendments.--Section 304 of the Controlled
Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter after and below
paragraph (5), by striking ``section 303(g)'' each place such
term appears and inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and
inserting ``section 303(g)(1)''.
SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
For the purpose of assisting the Secretary of Health and Human
Services with the additional duties established for the Secretary
pursuant to the amendments made by section 2, there are authorized to
be appropriated, in addition to other authorizations of appropriations
that are available for such purpose, such sums as may be necessary for
fiscal year 2000 and each subsequent fiscal year.
Passed the House of Representatives July 19, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is a "qualifying physician" (defined to mean a physician who is licensed under State law and meets specified training and experience requirements), and has the capacity to refer the patients for appropriate counseling and other appropriate ancillary; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).Sets forth specified procedural requirements to make the waiver effective. Directs the Attorney General, upon receiving a notification under this Act, to assign the practitioner involved an identification number for inclusion with the registration issued for the practitioner. Requires that the identification number be appropriate to preserve the confidentiality of patients for whom the practitioner has dispensed narcotic drugs under the waiver. Directs: (1) the Secretary, within 45 days after receiving a notification, to make a determination of whether the practitioner involved meets all waiver requirements; and (2) the Attorney General, if the Secretary fails to make such determination by the end of such period, to assign the physician an identification number.Requires the Secretary, in consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Center for Substance Abuse Treatment, the Director of the National Institute on Drug Abuse, and the Commissioner of Food and Drugs (consulted parties), to issue regulations or practice guidelines to address: (1) approval of additional credentialing bodies and their responsibilities; and (2) additional exemptions. Specifies that nothing in such regulations or guidelines may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided.Directs the Secretary: (1) to issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients; and (2) to develop the protocol in consultation with the consulted parties and other substance abuse disorder professionals, with the protocol guided by science.Prohibits a State, for three years, from precluding a practitioner from dispensing or prescribing drugs in schedule III-V to patients for maintenance of detoxification treatment unless the State enacts a law prohibiting a practitioner from dispensing such drugs.Authorizes the Secretary and the Attorney General, for three years, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary or the Attorney General, after consulting each other, to terminate the waiver mechanism after announcing their decision in the Federal Register. Authorizes appropriations to assist the Secretary with the additional duties established for the Secretary pursuant to this Act. | Drug Addiction Treatment Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Coast Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) more than half of all people of the United States, 153
million people, currently live on or near a coast and an
additional 12 million are expected in the next decade;
(2) coastal counties in the United States average 300
persons per square mile, compared with the national average of
98;
(3) on a typical day, more than 1,540 permits for
construction of single-family homes are issued in coastal
counties, combined with other commercial, retail, and
institutional construction to support this population;
(4) much of the 95,000 miles of United States shoreline
does not have current, accurate maps and geospatial
information;
(5) the lack of current and accurate remote sensing and
geospatial data on United States coasts, harbors, and ports
results in an environmental, infrastructure, economic, and
homeland security vulnerability for the Nation;
(6) the Federal Government can and should play an important
role in the development and demonstration of innovative remote
sensing and other geospatial techniques to improve the
management of the coast of the United States, comprehensive
emergency preparedness and response in the event of a tsunami,
storm surges, and oil spills as well as for homeland security;
(7) highly accurate, high resolution remote sensing and
other geospatial data, including elevation data, play an
important role in management of the coastal zone, including
flood prediction capabilities; risk, vulnerability, and hazard
assessments; emergency response plans; permitting and zoning
decisionmaking; and landscape change detection; as well as port
security and other homeland security applications;
(8) the full range of applications of remote sensing and
other forms of geospatial information to meet national
requirements has not been adequately explored or exploited; and
(9) the National Oceanic and Atmospheric Administration, in
coordination with other agencies, can play a unique role in
demonstrating how commercial remote sensing and other private
sector geospatial capabilities can be applied to assist State,
local, regional, and tribal agencies in emergency preparedness,
emergency response, homeland security, infrastructure
management, environmental decisionmaking, and other
applications in such areas as agriculture, weather forecasting,
and forest management.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``digital coast'' means a constituent-driven
effort led by the National Oceanic and Atmospheric
Administration to provide an enabling platform that integrates
geospatial data, decision support tools, training, and case
studies to address coastal and emergency management issues;
(2) the term ``remote sensing and other geospatial'' mean
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the Earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services performed by
professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, and other such
services;
(3) the term ``Secretary'' means the Secretary of Commerce,
acting through the Director of the Coastal Services Center of
the National Oceanic and Atmospheric Administration; and
(4) the term ``State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Chesapeake Bay, the Gulf of Mexico, Long Island
Sound, or one or more of the Great Lakes; and
(B) includes Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, the Trust Territories of the Pacific Islands,
American Samoa, and any portion of a State that is
located within 100 kilometers of the Atlantic or
Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico,
or the Great Lakes.
SEC. 4. COASTAL SERVICES CENTERS.
(a) Establishment.--The Secretary may establish coastal services
centers as may be needed to facilitate products and services to address
the needs of local, State, and regional entities involved with coastal
and ocean decisionmaking including those State coastal management and
research reserves benefitting from this Act.
(b) Purpose.--The purpose of the coastal services centers shall be
to--
(1) support the environmental, social, and economic well
being of the coast by linking people, information, and
technology;
(2) collaborate with various branches of the National
Oceanic and Atmospheric Administration, other Federal agencies,
and nongovernmental entities to bring data, information,
services, and tools to the Nation's coastal and ocean
decisionmakers; and
(3) identify and address region-specific needs and increase
capabilities to address them at the local, State, and regional
levels.
(c) Financial Agreements.--To carry out the responsibilities of
this Act, including to provide program support to non-Federal entities
that participate in implementing this Act, the Secretary may enter into
financial agreements including, but not limited to, grants, cooperative
agreements, interagency agreements, and contracts with other Federal,
tribal, State and local governmental and nongovernmental entities.
SEC. 5. REMOTE SENSING AND OTHER GEOSPATIAL DATA LAYERS.
(a) In General.--The projects carried out by the Secretary pursuant
to section 4 shall collect and integrate other available coastal data
with--
(1) shallow bathymetric data;
(2) airborne elevation data;
(3) large-scale land use and land cover maps;
(4) benthic habitat and aquatic vegetation mapping;
(5) parcel data;
(6) planimetric data; and
(7) socioeconomic and human use data.
(b) Coordination.--The Secretary shall coordinate the activities
carried out pursuant to this Act to maximize data sharing and
integration and minimize duplication by--
(1) coordinating activities when appropriate, with--
(A) other Federal efforts, including the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3501 et
seq.), the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.), and the Integrated Coastal and
Ocean Observation System Act of 2009 (33 U.S.C. 3601 et
seq.);
(B) coastal States and United States territories;
(C) local governments; and
(D) representatives of nongovernmental entities;
(2) participating, pursuant to section 216 of Public Law
107-347 (44 U.S.C. 3501 note), in the establishment of such
standards and common protocols as are necessary to assure the
interoperability of remote sensing and other geospatial data
with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State and local government; and
(D) the private sector;
(3) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order No. 12906; and
(4) providing for the utilization of contracts with the
private sector, to the maximum extent practicable, to provide
such products and services as are necessary to collect remote
sensing and other geospatial data; which contracts shall be
considered ``surveying and mapping'' services as such term is
used and as such contracts are awarded in accordance with the
selection procedures in chapter 11 of title 40, United States
Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$100,000,000 for each of the fiscal years 2011 through 2016 to carry
out this Act. | Digital Coast Act of 2010 - Defines "digital coast" as a constituent-driven platform provided by the National Oceanic and Atmospheric Administration (NOAA) to integrate geospatial data and address coastal and emergency management issues.
Authorizes the Secretary of Commerce, acting through the Director of Coastal Services Center of the NOAA, to establish coastal service centers to address the needs of local, state, and regional entities involved with coastal and ocean decisionmaking. Declares that such centers shall: (1) link people, information, and technology to support the environmental, social, and economic well-being of the coast; (2) collaborate with branches of NOAA and other federal and nongovernmental entities to bring data, information, services, and tools to coastal and ocean decisionmakers; and (3) address region-specific needs at local, state, and regional levels.
Authorizes the Secretary to enter financial agreements to carry out this Act.
Requires such projects to collect and integrate coastal data with specified data sources, surveys, and mappings. Requires the Secretary to coordinate activities with NOAA, state and local governments, the private sector, and federal efforts. | To authorize the Secretary of Commerce to establish a program to develop a coordinated and comprehensive Federal coastal mapping effort for the Nation's coastal zone to include all coastal State and territorial waters of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon National Forest
Administrative Site Disposal Act''.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LANDS,
OREGON.
(a) Conveyance Authority.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'') may sell or exchange, under
such terms and conditions as the Secretary may prescribe, any or all
right, title, and interest of the United States in and to the following
National Forest System lands and improvements thereon located in the
Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette National Forests
in the State of Oregon:
(1) Tract ror-a.--Star Gulch Complex, Jacksonville, Oregon,
consisting of approximately 2.25 acres in the north half of
section 28, township 39 south, range 3 west, Willamette
meridian, and containing the Star Gulch complex buildings of
the Applegate Ranger District.
(2) Tract ror-b.--Butte Falls Houses, Butte Falls, Oregon,
consisting of approximately 0.50 acres in the S1/2NE1/4 of
section 10, township 35 south, range 2 east, Willamette
meridian, and containing those Forest lands in the Butte Falls
Ranger District associated with Butte Falls Houses.
(3) Tract sis-a.--Old Agness Guard Station, Agness, Oregon,
consisting of approximately 2.5 acres in the SE1/4, NE1/4, Lot
14, of section 7, township 35 south, range 11 west, Willamette
meridian, and containing those Forest lands in the Gold Beach
Ranger District and associated administrative buildings at the
Old Agness Guard Station.
(4) Tract sis-b.--Chetco Ranger District Housing Complex,
Brookings, Oregon, consisting of approximately 1.5 acres in the
SW1/4, Block 29, of section 5, township 41 south, range 13
west, Willamette meridian, and containing the Chetco Ranger
District and the associated housing complex.
(5) Tract sis-c.--Daycare center on Wallace Street in Gold
Beach, Oregon, consisting of approximately 0.25 acres.
(6) Tract sis-d.--Powers South Work Center, Powers, Oregon,
consisting of approximately 1.59 acres in the east 1/2 of
section 13, township 31 south, range 12 west, Willamette
meridian, and containing the South Compound site and associated
administrative buildings.
(7) Tract siu-b.--Gardiner Administrative Site, Gardiner,
Oregon, consisting of approximately 3.4 acres in the NW1/4NE1/4
of section 22, township 21 south, range 12 west, Willamette
meridian, and containing the Gardiner Administrative Site and
the associated administrative buildings.
(8) Tract siu-c.--Waldport Administrative Site, Waldport,
Oregon, consisting of approximately 6.65 acres in the SW1/4SW1/
4 of section 19, township 13 south, range 11 west, and the SE1/
4SE1/4 of section 24, township 13 south, range 12 west,
Willamette meridian, and containing the Waldport Administrative
Site and the associated administrative buildings.
(9) Tract ump-a.--Roseburg Service Center Administrative
Site, Roseburg, Oregon, consisting of approximately 2.92 acres
in the NE\1/4\NW\1/4\ of section 20, township 27 south, range 5
west, Umpqua meridian.
(10) Tract ump-b.--Roseburg Powder House Administrative
Site, Roseburg, Oregon, consisting of approximately 1.34 acres
in section 15, township 27 south, range 5 west, Umpqua
meridian.
(11) Tract ump-c.--Brown Street Residence Administrative
Site, Glide, Oregon, consisting of approximately 2.35 acres in
the E\1/2\NW\1/4\ of section 19, township 26 south, range 3
west, Umpqua meridian.
(12) Tract wil-a.--Blue River Administrative Site, Blue
River, Oregon, consisting of approximately 31.91 acres in the
SW1/4S1/2 of section 28, township 16 south, range 4 east,
Willamette meridian, and containing the upper portion of the
Blue River Ranger District Compound and the associated
administrative buildings.
(13) Tract wil-b.--Hemlock Houses, Westfir, Oregon,
consisting of approximately 6 acres in section 12, township 21
south, range 2 east, Willamette meridian, and containing those
lands in Lot 2 associated with the Hemlock Houses.
(14) Tract wil-c.--Flat Creek Administrative Site,
Oakridge, Oregon, consisting of approximately 45 acres in the
NW1/4 of section 14, township 21 south, range 3 east,
Willamette meridian, and containing the Rigdon Ranger District
Compound and the associated administrative buildings.
(15) Tract wil-d.--Subject to section 3, Rigdon
Administrative Site, Oakridge, Oregon, consisting of
approximately 15 acres in the NE1/4NE1/4 of section 21,
township 21 south, range 3 east, Willamette meridian, and
containing the Rigdon Ranger District Compound and the
associated administrative buildings.
(16) Tract wil-f.--Cascadia Administrative Site, Sweet
Home, Oregon, consisting of approximately 15 acres in the SE1/4
of section 36, township 13 south, range 2 east, Willamette
meridian, and containing the Cascadia Administrative Site and
the associated administrative buildings.
(17) Tract wil-o.--Willamette National Forest Warehouse
Administrative Site, Eugene, Oregon, consisting of
approximately 2.4 acres in the NW1/4SE1/4 of section 25,
township 17 south, range 4 west, Willamette meridian, and
containing the Willamette National Forest Warehouse
Administrative Site and the associated administrative
buildings.
(18) Tract wil-p.--Westfir Residences, Westfir, Oregon,
consisting of approximately 20 acres in the NW1/4SW1/4 of
section 8, township 21 south, range 3 east, Willamette
meridian, and containing those lands associated with the
Westfir Residences of a community nature.
(b) Maps and Correction Authority.--The lands described in
subsection (a) (other than in paragraphs (9), (10), and (11) of such
subsection) are depicted on maps entitled ``Oregon Land Dispositions''
and dated June 30, 2003. The lands described in paragraphs (9), (10),
and (11) of such subsection, Tracts UMP-A, UMP-B, and UMP-C, are
depicted on the map entitled ``Umpqua National Forest Land
Dispositions'' and dated June 1, 2003. The maps shall be on file and
available for public inspection in the office of the Chief of the
Forest Service until such time as the lands are conveyed. The Secretary
may make minor corrections to the maps and may modify the descriptions
in subsection (a) to correct errors or to reconfigure the lands to
facilitate their conveyance.
(c) Consideration.--
(1) Authorized consideration.--Consideration for the
conveyance of land described in subsection (a) may include
cash, land, including land with improvements constructed to the
specifications of the Secretary, or a combination thereof.
(2) Conveyances to public entities.--The Secretary may
convey, without consideration, to the State of Oregon or a
local government for public purposes any or all right, title
and interest of the United States in and to land described in
subsection (a). The conveyance of land without consideration
under this paragraph shall be subject to such terms,
conditions, and restrictions as the Secretary considers
appropriate, and the Secretary shall include in the deed of
conveyance a right of the United States to reenter and take
title to the land if the land is sold or conveyed to another
party or is devoted to a use other than the use for which the
land was conveyed.
(3) Authorization of direct sale.--In the case of the land
described in paragraph (17) of subsection (a), Tract WIL-O, the
Secretary shall grant the Eugene Mission the right to acquire
the land in a direct sale for market value.
(d) Conveyance Methods.--
(1) In general.--The Secretary may convey land under
subsection (a) at public or private sale, including competitive
sale by auction, bid, or otherwise, in accordance with such
terms, conditions, and procedures as the Secretary determines
will be in the best interests of the United States.
(2) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of land under subsection (a) on such
terms and conditions as the Secretary considers appropriate.
The Secretary may reject any offer if the Secretary determines
that the offer is not adequate or not in the public interest.
(3) Use of brokers.--The Secretary may use real estate
brokers in the conveyance of lands under subsection (a), and
may pay appropriate commissions commensurate with the
prevailing rates in the area.
(e) Valuation.--Any appraisal considered necessary by the Secretary
to convey land described in subsection (a) shall conform to the Uniform
Appraisal Standards for Federal Land Acquisitions.
(f) Cash Equalization Payments.--Notwithstanding any other
provision of law, the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of any land conveyed by exchange
under authority of subsection (a).
(g) Deposit and Treatment of Proceeds.--The Secretary shall deposit
the proceeds from the conveyance of the land described in subsection
(a) in the fund established under Public Law 90-171 (commonly known as
the ``Sisk Act''; 16 U.S.C. 484a). No portion of the proceeds may be
paid or distributed to the State of Oregon or a county in the State
under any provision of law, and the proceeds are not moneys received
from the National Forest for any purpose.
(h) Use of Deposited Funds.--
(1) Authorized uses.--Funds deposited pursuant to
subsection (g) shall be available to the Secretary, without
further appropriation and until expended, for the following
purposes:
(A) The acquisition of land and interests in land
for inclusion in a unit of the National Forest System
specified in subsection (a).
(B) The payment or reimbursement of costs incurred
by the Forest Service in processing and arranging
conveyances under this section, including the payment
of real estate broker commissions authorized under
subsection (d).
(C) The acquisition or construction of new
facilities, or the rehabilitation of existing
facilities, in a unit of the National Forest System
specified in subsection (a).
(2) Land acquisition.--The use of the land acquisition
authority provided by paragraph (1)(A) is subject to the
following conditions:
(A) The amount available for expenditure in each
unit of the National Forest System referred to in
subsection (a) shall be equal to the amount derived
from the conveyance of land described in such
subsection in that unit, reduced by any costs incurred
by the Forest Service in processing those conveyances.
(B) Funds derived from conveyances under this
section may be used for the acquisition of lands and
interests in land in other units of the National Forest
System in Oregon if the Regional Forester for Region 6
agrees to such use.
(3) Administration of lands acquired by the united
states.--Lands acquired by the Secretary under this subsection
or acquired by exchange under this section shall be managed in
accordance with the Act of March 1, 1911 (commonly known as the
Weeks Act; 16 U.S.C. 480 et seq.), and other laws and
regulations pertaining to the National Forest System.
(i) Departmental Regulations.--The Agriculture Property Management
Regulations shall not apply to any action taken pursuant to this
section.
(j) Withdrawals and Revocations.--
(1) Public land orders.--Effective as of the date of the
enactment of this Act, any public land orders applicable to the
land described in subsection (a) are revoked with respect to
that lands.
(2) Withdrawal.--Subject to valid existing rights, land
described in subsection (a) are withdrawn from location, entry,
and patent under the mining laws of the United States.
SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINISTRATIVE SITE,
OAKRIDGE, OREGON, TRACT WIL-D.
(a) Conveyance Required.--The Secretary of Agriculture shall
convey, without consideration, to the City of Oakridge, Oregon (in the
section referred to as the ``City)'', all right, title, and interest of
the United States in and to the lower portion of the land described in
section 2(a)(15), Tract WIL-D, for the purpose of facilitating the
establishment of a timber museum on the conveyed land to be managed by
the Upper Willamette Pioneer Association.
(b) Legal Description.--The portion of Tract WIL-D to be conveyed
to the City under this section is located generally west of Rigdon
Drive, but the Secretary shall determine the exact acreage and
description of the land to be conveyed. The conveyed land may not
include the five residential properties on the upper portion of Tract
WIL-D, generally located northeast of the intersection of Highway 58
and Rigdon Drive.
(c) Condition of Conveyance.--As a condition of the conveyance
under this section, the City and the Upper Willamette Pioneer
Association shall agree to honor the life and contributions of Loran L.
``Stub'' Stewart with an appropriate display in the museum established
on the conveyed property.
SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE WILDERNESS, OREGON.
(a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness
boundary, as established by the Oregon Wilderness Act of 1984 (Public
Law 98-328; 98 Stat. 273; 16 U.S.C. 1132 note) and approved by the
Forest Service on May 4, 1987, is adjusted as depicted on the map
entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and
dated May 6, 2003. The adjustment is more fully described as follows:
(1) Beginning at township 30 south, range 3 east,
Willamette base and meridian, from Angle Point 927 of the legal
boundary description monumented with a 2 inch diameter brass
cap, set in cement, marked ``USDA FOREST SERVICE AP 927 2001''.
(2) Thence north 63 deg.39'34'' east, 3700.00 feet to new
Angle Point 927B.
(3) Thence south 84 deg.20'00'' east, 360.00 feet to new
Angle Point 927C.
(4) Thence on a line northeasterly, approximately 330 feet,
to original Angle Point 928, which is monumented with a 1-1/2
inch diameter aluminum cap, on a 5/8 diameter rod driven flush
with the ground, marked ``AP 928 1999''.
(5) Thence north 23 deg.00'00'' west, 175.00 feet to new
Angle Point 928A.
(6) Thence on a line northeasterly, 1260 feet, more or
less, to original Angle Point 929, which is described in the
legal boundary description as ``A high point on a ridge'' in
section 7, township 30 south, range 3 east, Willamette base and
meridian, with an elevation of approximately 4150 feet.
(b) Map.--The map referred to in subsection (a) shall be on file
and available for public inspection in the office of the Chief of the
Forest Service. The Secretary of Agriculture may correct technical
errors in the map and legal description specified in subsection (a). | Oregon National Forest Administrative Site Disposal Act - Directs the Secretary of Agriculture to sell or exchange any or all right, title, and interest of the United States in and to specified National Forest System lands, and improvements on those lands, located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Williamette National Forests in Oregon.
Allows the Secretary to convey, without consideration, any or all right, title, and interest of the United States in and to such land to the State of Oregon or a local government for public purposes.
Grants the Eugene Mission the first right to acquire certain of such land in a direct sale for market value.
Allows the Secretary to accept a cash equalization payment exceeding 25 percent of the value of any such land conveyed by exchange as directed above.
Provides for the deposit and treatment of the proceeds from the conveyance of all such land. Describes the authorized uses of deposited funds.
Revokes any public land orders applicable to such land. Withdraws such land from location, entry, and patent under the U.S. mining laws.
Directs the Secretary to convey, without consideration, certain of such land to the city of Oakridge, Oregon, to facilitate the establishment of a timber museum on such land to be managed by the Upper Williamette Pioneer Association.
Adjusts the the Rogue-Umpqua Divide wilderness boundary as identified on the "Rogue-Umpqua Divide Wilderness Boundary Modification" map, dated May 6, 2003.
. | To provide for the disposal of certain Forest Service administrative sites in the State of Oregon, and for other purposes. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Small Property and
Casualty Insurance Company Equity Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. SMALL COMPANY DEDUCTION.
(a) Section 832(c) is amended by striking ``and'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``; and'', and by adding at the end thereof the following new
paragraph:
``(14) the small insurance company deduction allowed by
subsection (h).''
(b) Section 832 is amended by adding at the end thereof the
following new subsections:
``(h) Small Insurance Company Deduction.--In the case of taxable
years beginning after December 31, 1997--
``(1) In general.--There shall be allowed as a deduction
for the taxable year 60 percent of so much of the tentative
taxable income for such taxable year as does not exceed
$3,000,000 (hereinafter in this section referred to as the
`small insurance company deduction').
``(2) Phaseout between $3,000,000 and $15,000,000.--The
amount of the small insurance company deduction determined
under paragraph (1) for any taxable year shall be reduced (but
not below zero) by 15 percent of so much of the tentative
taxable income for such taxable year as exceeds $3,000,000.
``(3) Small insurance company deduction not allowable to
company with assets of $500,000,000 or more.--
``(A) In general.--The small insurance company
deduction shall not be allowed for any taxable year to
any insurance company which, at the close of such
taxable year, has assets equal to or greater than
$500,000,000.
``(B) Assets.--For purposes of this paragraph, the
term `assets' means all assets of the company.
``(C) Valuation of assets.--For purposes of this
paragraph, the amount attributable to--
``(i) real property and stock shall be the
fair market value thereof, and
``(ii) any other asset shall be the
adjusted basis of such asset for purposes of
determining gain on sale or other disposition.
``(D) Special rule for interests in partnerships
and trusts.--For purposes of this paragraph--
``(i) an interest in a partnership or trust
shall not be treated as an asset of the
company, but
``(ii) the company shall be treated as
actually owning its proportionate share of the
assets held by the partnership or trust (as the
case may be).
``(i) Tentative Taxable Income.--For purposes of subsection (h)--
``(1) In general.--The term `tentative taxable income'
means taxable income determined without regard to the small
insurance company deduction.
``(2) Exclusion of items attributable to noninsurance
businesses.--The amount of the tentative taxable income for any
taxable year shall be determined without regard to all items
attributable to noninsurance businesses.
``(3) Noninsurance businesses.--
``(A) In general.--The term ``non-insurance
business'' means any activity which is not an insurance
business.
``(B) Certain activities treated as insurance
businesses.--For purposes of subparagraph (A), any
activity which is not an insurance business shall be
treated as an insurance business if--
``(i) it is of a type traditionally carried
on by insurance companies for investment
purposes, but only if the carrying on of such
activity (other than in the case of real
estate) does not constitute the active conduct
of a trade or business, or
``(ii) it involves the performance of
administrative services in connection with
plans providing property or casualty insurance
benefits.
``(C) Limitation of amount of loss from
noninsurance business which may offset income from
insurance business.--In computing the taxable income of
any insurance company subject to tax imposed by section
831, any loss from a noninsurance business shall be
limited under the principles of section 1503(c).
``(j) Special Rule for Controlled Groups.--
``(1) Small insurance company deduction determined on
controlled group basis.--For purposes of subsections (h) and
(i)--
``(A) all insurance companies which are members of
the same controlled group shall be treated as 1
insurance company, and
``(B) any small insurance company deduction
determined with respect to such group shall be
allocated among the insurance companies which are
members of such group in proportion to their respective
tentative taxable incomes.
``(2) Noninsurance members included for asset test.--For
purposes of subsection (h)(3), all members of the same
controlled group (whether or not insurance companies) shall be
treated as 1 company.
``(3) Controlled group.--For purposes of this subsection,
the term `controlled group' means any controlled group of
corporations (as defined in section 1563(a)); except that
subsections (a)(4) and (b)(2)(D) of section 1563 shall not
apply.
``(4) Adjustments to prevent excess detriment or benefit.--
Under regulations prescribed by the Secretary, proper
adjustments shall be made in the application of this subsection
to prevent any excess detriment or benefit (whether from year-
to-year or otherwise) arising from the application of this
subsection.''
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1997. | Small Property and Casualty Insurance Company Equity Act of 1997 - Amends the Internal Revenue Code to provide for a small insurance company (assets of less than $500 million) deduction (60 percent of tentative taxable income of $3 millon or less) from the insurance company tax. | Small Property and Casualty Insurance Company Equity Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Virginia Metrorail
Extension Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Washington Metropolitan Area Transit Authority
(Metro) maintains the second largest rail network in the
Nation.
(2) Local and State governments in the National Capital
Region have led efforts to extend Metrorail service, and any
future Metrorail extension will be provided only with their
collaboration, consistent with local planning objectives.
(3) In the most recent draft strategic plan, Momentum: The
Next Generation of Metro, Metro identifies future expansion
opportunities, including the Orange Line in Virginia from
Vienna to Centreville and the Blue Line in Virginia from
Franconia-Springfield to Prince William.
(4) More than 120,000 Federal employees ride Metro to work,
accounting for more than 40 percent of the morning rush-hour
ridership.
(5) More than half of Metro's current stations are located
on Federal property.
(6) The Federal Government has partnered with the State and
local governments to provide $300 million, consisting of $150
million in Federal funds to match $50 million each from
Virginia, Maryland, and the District of Columbia (Public Law
110-432), over a 10-year period for safety and other capital
improvements throughout the Metro system.
(7) Metro takes 580,000 cars off the road each day,
eliminates the need for 1,400 lane miles of highway, reduces
gas consumption by 75 million gallons annually, and eliminates
more than 10,000 tons of greenhouse gas emissions annually.
(8) Metrorail stations encourage transit-oriented
development, which is critical to protecting open space
throughout the region.
(9) Metro stimulates economic and job growth, and real
estate near Metrorail stations is worth in excess of $25
billion.
(10) The Virginia Department of Transportation (VDOT) and
the Virginia Department of Rail and Public Transit (VDRPT)
completed a Major Investment Study that concluded that a
multimodal transportation strategy is required to accommodate
projected travel demand in Virginia along Interstate Route 66
from Interstate Route 495 to the Centreville and Haymarket
communities, areas which would be served by the proposed Orange
Line extension.
(11) The Route 1 Multimodal Alternatives Analysis, a
partnership between VDOT, VDRPT, and Fairfax and Prince William
counties, in October 2014 endorsed recommendations for
improving the corridor to include extending Metro's Yellow Line
to Hybla Valley ``as expeditiously as possible''.
(12) The population of the area to be served by the
proposed Orange Line extension is expected to be 681,000
individuals by 2025, while employment in the area is projected
to increase to 362,000 individuals.
(13) The population of the area to be served by the
proposed Blue and Yellow Line extensions grew by 120,000 people
between 2000 and 2010, and continued growth of another 100,000
people is expected by 2020.
(14) The Comprehensive Plans for both Fairfax and Prince
William counties identify the need to develop alternative
transit concepts, including an extension of the existing
Metrorail lines.
(15) As a result of military base realignments and
closures, thousands of national defense-related Federal and
civilian jobs will shift from the area of Crystal City,
Virginia, which is served by Metrorail, to Fort Belvoir,
Virginia, and the Engineer Proving Ground in southern Fairfax,
neither of which is currently served by Metro.
(16) Department of Defense analysis shows many of those
employees are coming from points south and west.
(17) Additional job growth along the Richmond Highway
(Route 1) corridor and Interstate Route 95 in both Fairfax and
Prince William counties, including communities like Mount
Vernon, Woodbridge, and Potomac Mills, adds further urgency to
the need to expand Metro service in Northern Virginia.
(18) To ensure the regional transportation network can
accommodate projected growth, it is critical that extensions of
transit service are coordinated with local land use planning,
including the use of smart growth principles and transit-
oriented development.
SEC. 3. NEW FIXED GUIDEWAY CAPITAL PROJECTS, NORTHERN VIRGINIA.
The following projects are deemed to have entered the project
development phase under section 5309(d)(1) of title 49, United States
Code:
(1) Northern Virginia--Extension of Metrorail Blue Line to
include the Engineer Proving Ground and the Interstate Route 95
corridor in Fairfax and Prince William counties.
(2) Northern Virginia--Extension of Metrorail Orange Line
to Centreville.
(3) Northern Virginia--Extension of Metrorail Yellow Line
to the Richmond Highway (Route 1) corridor in Fairfax and
Prince William counties. | Northern Virginia Metrorail Extension Act Authorizes project development for specified Metrorail new fixed guideway capital projects in Virginia. | Northern Virginia Metrorail Extension Act |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Dolphin-Safe
Fishing Act''.
(b) References to Marine Mammal Protection Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The provisions of the Marine Mammal Protection Act of
1972 that impose a ban on imports from nations that fish for
tuna in the eastern tropical Pacific Ocean and the provisions
of that Act that prescribe the conditions under which tuna may
be labeled as ``dolphin-safe'' have served as a powerful
incentive to reduce the incidence of chasing and netting
dolphins and the incidence of dolphin mortalities.
(2) The American public has come to rely on the integrity
of the dolphin-safe labeling regime, and that requirements of
that regime have been an effective means of promoting dolphin
conservation through education and market mechanisms.
(3) In response to United States dolphin conservation
efforts, in 1993 the Inter-American Tropical Tuna Commission
initiated an international dolphin conservation program that
has helped to significantly reduce dolphin mortalities and
regulate the harvest of yellowfin tuna in the eastern tropical
Pacific Ocean by vessels chasing and netting dolphins.
(b) Purposes.--The purposes of this Act are the following:
(1) To recognize that individual tuna fishermen fishing in
the eastern tropical Pacific Ocean have made efforts to reduce,
and in some cases eliminate, the practice of harvesting
yellowfin tuna by chasing and netting dolphins.
(2) To eliminate the ban on imports of dolphin-safe tuna
harvested by vessels in the eastern tropical Pacific Ocean that
are in compliance with the requirements of the Inter-American
Tropical Tuna Commission and the Intergovernmental Agreement on
the Conservation of Tunas and Dolphins in the Eastern Pacific
Ocean, otherwise known as the ``La Jolla Agreement''.
(3) To strengthen the effectiveness of the dolphin-safe
label to ensure that the label is not being used on tuna
products that contain tuna harvested on a voyage in which
dolphins were chased and netted, killed, or seriously injured.
(4) To encourage the contracting parties of the Inter-
American Tropical Tuna Commission to adopt a program to--
(A) require that any sea turtles or other
threatened species or endangered species harvested in
the eastern tropical Pacific Ocean in the course of
fishing for tuna be released when alive;
(B) reduce the harvest of nontarget species in the
yellowfin tuna fishery; and
(C) eliminate, to the maximum extent possible, the
mortality of nontarget species in the yellowfin tuna
fishery.
SEC. 3. AMENDMENTS TO TITLE I COMPARABILITY EMBARGO PROVISIONS.
(a) Authorization of Importation.--Section 101(a) (16 U.S.C.
1371(a)) is amended--
(1) by striking so much of paragraph (2) as follows
subparagraph (A) and as precedes subparagraph (C) and inserting
the following:
``(B) in the case of yellowfin tuna harvested with
purse seine nets in the eastern tropical Pacific Ocean,
and products therefrom, to be exported to the United
States--
``(i) shall require that the government of
exporting nation provide documentary evidence
that--
``(I) the tuna or products
therefrom do not consist of or contain,
respectively, tuna harvested on a
voyage on which dolphins were chased,
netted, killed, or seriously injured;
``(II) the tuna was harvested after
the effective date of the Dolphin-Safe
Fishing Act solely by a vessel that, at
the time the tuna was harvested, was
registered in a nation that is party to
the Intergovernmental Agreement on the
Conservation of Tunas and Dolphins in
the Eastern Pacific Ocean (in this
paragraph referred to as the `La Jolla
Agreement'), and was operating in
compliance with that agreement, except
that in lieu of the mortalities
specified in the agreement, dolphin
mortalities shall not exceed the total
observed 1996 mortality; and
``(III) such vessels have not had
major fines or penalties recommended by
the La Jolla Agreement's
Intergovernmental Review Panel which
were not paid or adjudicated within 6
months after the date of
recommendation; and
``(ii) shall ban the importation of such
tuna and products in a year from a country,
unless the Secretary has certified--
``(I) for importation in 1998, that
the total observed dolphin mortality in
1997 in fishing operations in the
Eastern Pacific Ocean by vessels
registered in that country did not
exceed the total observed dolphin
mortality in 1996;
``(II) for importation in each year
thereafter, that the total observed
dolphin mortality in the preceding year
in such fishing operations ensures that
steady progress is being made by the
Inter-American Tropical Tuna Commission
to achieve the La Jolla Agreement's
commitment and objective of
progressively reducing observed dolphin
mortality to levels approaching zero
through the setting of annual limits
and the goal of eliminating dolphin
mortality; and
``(III) that tuna fishing vessels
registered in that county are not
involved in any way in the transport of
illegal drugs.''.
(b) Acceptance of Evidence of Coverage.--Section 101 (16 U.S.C.
1371) is amended by adding at the end the following new subsection:
``(d) Acceptance of Documentary Evidence.--The Secretary shall not
consider information provided for yellowfin tuna harvested by a vessel
to be documentary evidence required by subsection (a)(2)(B)(i) if the
government of the country in which the vessel is registered does not
provide to the Secretary, or authorize the Inter-American Tropical Tuna
Commission to provide to the Secretary, complete and accurate
information necessary to allow the Secretary to determine whether or
not the vessel is in compliance with the Intergovernmental Agreement
on the Conservation of Tunas and Dolphins in the Eastern Pacific
Ocean.''.
SEC. 4. AMENDMENTS TO TITLE III GLOBAL MORATORIUM PROVISIONS.
(a) Findings.--Section 301(a)(4) (16 U.S.C. 1411(a)(4)) is amended
to read as follows:
``(4) Nations harvesting yellowfin tuna in the eastern
tropical Pacific Ocean have demonstrated their willingness to
participate in appropriate multilateral agreements to reduce,
with the goal of eliminating, dolphin mortality in that
fishery. Recognition that persons fishing in the eastern
tropical Pacific Ocean have made efforts to reduce, and in some
cases eliminate, the practice of harvesting yellowfin tuna by
chasing and netting dolphins will assure that the existing
trend of reduced dolphin mortality continues and will increase
the likelihood that the practice of chasing and netting
dolphins is eliminated.''.
(b) Prohibitions.--Section 307 (16 U.S.C. 1417) is amended--
(1) in subsection (a)(2), by striking ``intentionally'' and
all that follows through ``except--'' and inserting
``intentionally chase and net any dolphin in any tuna fishing
operation, except--'';
(2) by amending subsection (a)(3) to read as follows:
``(3) for any person to import any yellowfin tuna or
yellowfin tuna product or any other fish or fish product in
violation of a ban on importation imposed under section
101(a)(2);''; and
(3) in subsection (b)(2), by striking ``subsection (a)(6)''
and inserting ``subsection (a)(5) and (6)''.
(c) Dolphin Safe Standard.--Section 307(d) (16 U.S.C. 1417(d)) is
amended by striking paragraphs (2), (3), and (4) and inserting the
following:
``(2) in the case of a tuna product that contains tuna
referred to in paragraph (1)(B), (C), or (D) of section 901(d)
of the Dolphin Protection Consumer Information Act, it is
dolphin safe under, respectively, paragraph (2), (3), or (4) of
that section; or
``(3) in the case of tuna referred to in paragraph (1)(B),
(C), or (D) of section 901(d) of the Dolphin Protection
Consumer Information Act, the export or offering for sale of a
tuna product containing that tuna would not, by reason of the
presence of the tuna in that product, be a violation under that
section.''.
SEC. 5. DOLPHIN SAFE LABELING STANDARDS.
Section 901(d) of the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385(d)) is amended to read as follows:
``(d) Labeling Standard.--(1) It is a violation of section 5 of the
Federal Trade Commission Act for any producer, importer, exporter,
distributor, or seller of any tuna product that is exported from or
offered for sale in the United States to include on the label of that
product the term `Dolphin Safe' or any other term or symbol that
falsely claims or suggests that the tuna contained in the product was
harvested using a method of fishing that is not harmful to dolphins,
if--
``(A) the tuna product contains tuna harvested on the high
seas by a vessel engaged in driftnet fishing;
``(B) the tuna product contains tuna harvested in the
eastern tropical Pacific Ocean by a vessel using purse seine
nets, unless the tuna product is dolphin safe under paragraph
(2);
``(C) the tuna product contains tuna harvested outside the
eastern tropical Pacific Ocean by a fishing vessel using purse
seine nets, unless the tuna product is dolphin safe under
paragraph (3); or
``(D) the tuna product contains tuna harvested outside the
eastern tropical Pacific Ocean by a fishing vessel not using
purse seine nets while engaged in any fishery identified by the
Secretary as having a regular and significant incidental
mortality or serious injury of marine mammals, unless the tuna
product is dolphin safe under paragraph (4).
``(2) For purposes of paragraph (1)(B), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if--
``(A) the vessel is of a type and size that the Secretary
has determined is not capable of chasing and netting, killing,
or seriously injuring dolphins and cannot accommodate an
observer on board during a tuna fishing voyage; or
``(B)(i) the product is accompanied by a written statement
executed by the captain of the vessel which harvested the tuna
certifying that no dolphins were netted, killed, or seriously
injured on the voyage in which the tuna were harvested;
``(ii) the product is accompanied by a written statement
executed by--
``(I) the Secretary or the Secretary's designee, or
``(II) a representative of the Inter-American
Tropical Tuna Commission,
which states that there was an approved observer on board the
vessel during the entire voyage and that no dolphins were
chased and netted, killed, or seriously injured on the voyage
in which the tuna was harvested; and
``(iii) the statements referred to in clauses (i) and (ii)
are endorsed in writing by each exporter, importer, and
processor of the product.
``(3) For purposes of paragraph (1)(C), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if--
``(A) it is accompanied by a written statement executed by
the captain of the vessel certifying that no dolphins were
chased and netted, killed, or seriously injured during the
particular voyage on which the tuna was harvested; or
``(B) in the case of a tuna product that contains tuna
harvested in a fishery in which the Secretary has determined
that a regular and significant association occurs between
marine mammals and tuna, it is accompanied by a written
statement executed by the captain of the vessel and an
observer, certifying that no dolphins were chased and netted,
killed, or seriously injured on the particular voyage on which
the tuna was harvested.
``(4) For the purposes of paragraph (1)(D), a tuna product that
contains tuna referred to in that paragraph is dolphin safe if it is
accompanied by a written statement executed by the captain of the
vessel and, where determined to be practicable by the Secretary, an
observer participating in a national or international program
acceptable to the Secretary certifying that no marine mammals were
killed or seriously injured in the course of the fishing operation or
operations in which the tuna were caught.
``(5) The Secretary shall on a regular basis identify and publish a
list of tuna fisheries that have a regular and significant incidental
mortality or serious injury of marine mammals.''.
SEC. 6. REDUCTION OF BYCATCH IN EASTERN TROPICAL PACIFIC OCEAN.
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 951 et seq.)
is amended by adding at the end the following new section:
``reduction of bycatch in eastern tropical pacific ocean
``Sec. 13. The Secretary of State, acting through the
Commissioners, shall immediately take the necessary actions to ensure
that the Commission adopts a bycatch reduction program for those
vessels fishing for yellowfin tuna in the eastern tropical Pacific
Ocean. Such program shall include, at a minimum--
``(1) that all sea turtles and other threatened species and
endangered species are released alive;
``(2) measures to reduce, to the maximum extent possible,
the harvest of nontarget species; and
``(3) measures to eliminate, to the maximum extent
possible, the mortality of nontarget species.''.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS TO INTER-AMERICAN TROPICAL
TUNA COMMISSION.
(a) Sense of Congress.--It is the sense of the Congress that each
nation participating in the International Dolphin Conservation Program
should contribute an equitable amount for payment of the expenses of
the Inter-American Tropical Tuna Commission, and that currently, the
United States is paying an inequitable share of the Inter-American
Tropical Tuna Commission's budget and expenses.
(b) Determination of Amount.--In determining the amount to be paid
by the United States as its contribution toward the expenses of the
Inter-American Tropical Tuna Commission, the Secretary of State shall
take into account the number of vessels participating in the eastern
tropical Pacific Ocean yellowfin tuna fishery, the consumption within
the United States of tuna and tuna products from the eastern tropical
Pacific Ocean, and other relevant factors as determined by the
Secretary.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
promulgation by the Secretary of Commerce implementing the provisions
of this Act. | Dolphin-Safe Fishing Act - Amends the Marine Mammal Protection Act of 1972 to modify the requirements for the importation into the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific ocean.
Makes it unlawful to: (1) intentionally chase and net any dolphin in any tuna fishing operation (currently, intentionally set a purse seine net on or to encircle any marine mammal during tuna fishing), subject to exception; or (2) import any fish or fish product in violation of an importation ban under provisions relating to the practices used on the voyage involved (currently, a ban under provisions relating to imports from a country that fails to implement certain tuna-harvesting commitments).
Changes the circumstances in which tuna or a tuna product is dolphin safe and the circumstances in which, under the Federal Trade Commission Act, it may be so labeled.
Amends the Atlantic Tunas Convention Act of 1975 to mandate actions to ensure adoption of a bycatch reduction program.
Declares that it is the sense of the Congress that each nation participating in the International Dolphin Conservation Program should contribute an equitable amount to the expenses of the Inter-American Tropical Tuna Commission and that the United States is currently paying an inequitable share. Directs the Secretary of State, in determining the U.S. amount, to consider certain factors. | Dolphin-Safe Fishing Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Super Pollutants Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) short-lived climate pollutants account for 40 percent
of global warming impacting the atmosphere, even though those
pollutants account for a much smaller percentage of warming
agents, by weight;
(2) reducing short-lived climate pollutant emissions
could--
(A) prevent more than 2,000,000 premature deaths
each year, according to the United Nations Environment
Programme (UNEP);
(B) prevent more than 30,000,000 tons of crop
losses each year, according to UNEP;
(C) cut the rate of sea-level rise by 25 percent,
according to the National Center for Atmospheric
Research and the Scripps Institution of Oceanography;
(D) cut the rate of warming by up to 0.6 degrees
Celsius by 2050, according to UNEP; and
(E) significantly contribute toward the overall
global target of holding increased warming below 2
degrees Celsius;
(3) the United States is--
(A) 1 of the largest consumers of
hydrofluorocarbons in the world; and
(B) providing significant innovation in the
development of low global warming potential (low-GWP)
alternatives;
(4) the United States could serve as a leader and exemplar
of responsibly phasing down hydrofluorocarbon production and
consumption;
(5)(A) the Montreal Protocol on Substances that Deplete the
Ozone Layer has been an extraordinarily successful model for
protecting the stratospheric ozone layer and achieving
significant climate protection cobenefits; and
(B) since that treaty was signed in 1987, there has been a
98-percent reduction in ozone-depleting substances; and
(6) the interagency Strategy to Reduce Methane Emissions,
released in March 2014, outlines a proactive agenda for
reducing methane leakage and waste throughout the United States
economy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Short-lived climate pollutant.--The term ``short-lived
climate pollutant'' means--
(A) black carbon;
(B) methane; and
(C) high global warming potential
hydrofluorocarbons (referred to in this Act as ``high-
GWP HFC'').
(2) Task force.--The term ``Task Force'' means the
Interagency Task Force on Short-Lived Climate Pollutant
Mitigation established under section 4(a).
SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT
MITIGATION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the President shall establish a task force, to
be known as the ``Interagency Task Force on Short-Lived Climate
Pollutant Mitigation''.
(b) Membership.--The members of the Task Force shall include the
head of each relevant Federal department or agency (or a designee),
including the Department of Agriculture, the Department of Commerce,
the Department of Defense, the Department of Energy, the Department of
the Interior, the Department of State, the Department of
Transportation, the Environmental Protection Agency, the National
Oceanic and Atmospheric Administration, and the United States Agency
for International Development.
(c) Duties.--The Task Force shall--
(1) not later than 180 days after the date of enactment of
this Act, submit to the appropriate congressional committees a
report that includes--
(A) the plans of the relevant departments or
agencies for meeting the goals established in section 2
of Executive Order 13514 (October 5, 2009) (74 Fed.
Reg. 52117) to reduce hydrofluorocarbons, methane, and
related indirect emissions (including tropospheric
ozone) by the Federal Government; and
(B) specific plans of the relevant departments or
agencies--
(i) to purchase cleaner alternatives to
high-GWP HFC whenever feasible; and
(ii) to transition over time to equipment
that uses safer and more sustainable
alternatives to high-GWP HFC;
(2) review the policy recommendations made by--
(A) the Interagency Climate Change Adaptation Task
Force;
(B) the Interagency Strategy to Reduce Methane
Emissions;
(C) the report to Congress regarding black carbon
dated March 2012; and
(D) the Council on Climate Preparedness and
Resilience;
(3) incorporate into the action plan of the Task Force any
appropriate proposals or recommendations made by the entities
or reports referred to in paragraph (2) that are relevant to
short-lived climate pollutants;
(4) identify relevant Federal programs that are or could be
addressing the reduction of short-lived climate pollutants in
the United States and worldwide;
(5) identify overlapping and duplicative programs
addressing short-lived climate pollutants that would benefit
from consolidation and streamlining;
(6) identify gaps and serious deficiencies in United States
programs targeted at short-lived climate pollutants, including
those that can be achieved through a combination of assessment,
scientific research, monitoring, and technological development
activities, with an emphasis on industry standards and public-
private partnerships;
(7) in developing recommendations, consult with affected
stakeholders in private industry; and
(8) not later than 18 months after the date of enactment of
this Act, submit to the appropriate congressional committees a
report describing the findings and recommendations resulting
from the activities described in paragraphs (2) through (7).
SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS.
(a) Comprehensive Plan.--
(1) In general.--Through the membership of the United
States in the International Maritime Organization, the
Secretary of State, in consultation with the Secretary of
Transportation, the Secretary of Commerce, the Administrator of
the Environmental Protection Agency, and the Commandant of the
Coast Guard, shall develop a comprehensive plan to reduce black
carbon emissions, based on appropriate emission data from
oceangoing vessels provided on a voluntary basis, from
international shipping through--
(A) a clean freight partnership;
(B) the inclusion of limits on black carbon; and
(C) efforts that include protection of access to
critical fuel shipments and emergency needs of coastal
communities.
(2) Roadmap.--A principal objective of the plan developed
pursuant to paragraph (1) shall be the establishment, in
coordination with the Department of Transportation, of a
roadmap toward helping countries reduce fine-particle emissions
(PM<INF>2.5</INF>) in the shipping sector through--
(A) the installation of advanced emissions
controls; and
(B) the reduction of sulfur content in fuels.
(b) Black Carbon Emissions Reduction Goals.--Acting as chairperson
of the Arctic Council, the Secretary of State shall--
(1) lead an effort to reduce black carbon through an
Arctic-wide aspirational black carbon goal; and
(2) encourage observers of the Arctic Council (including
India and China) to adopt national black carbon emissions
reduction goals and mitigation plans.
(c) Climate and Clean Air Coalition.--Through the membership of the
United States in the Climate and Clean Air Coalition to Reduce Short-
Lived Climate Pollutants, the Secretary of State is encouraged--
(1) to work with the Coalition to craft specific financing
mechanisms for the incremental cost of international black
carbon mitigation activities; and
(2) to request that the Coalition produce a report
describing black carbon mitigation financing options.
(d) Black Carbon Mitigation Activities.--
(1) Prioritization.--The Administrator of the United States
Agency for International Development, in cooperation with the
Administrator of the Environmental Protection Agency, shall--
(A) prioritize black carbon mitigation activities
as part of official development assistance and
programmatic activities;
(B) give special emphasis to projects that produce
substantial environmental, gender, livelihood, and
public health benefits, including support for clean-
burning cookstoves and fuels; and
(C) work with the Global Alliance for Clean
Cookstoves to help developing nations establish
thriving markets for clean and efficient cooking
solutions.
(2) Emissions reductions.--The Secretary of State, in
collaboration with the Administrator of the Environmental
Protection Agency and the Secretary of Transportation, shall
provide additional aid to international efforts to reduce black
carbon emissions from diesel trucks, 2-stroke engines, diesel
generators, and industrial processes by providing technical
assistance--
(A) to help developing nations lower the sulfur
content of diesel fuels;
(B) to expand access to diesel particulate filters;
(C) to provide vehicle manufacturers with low-
emission engine designs; and
(D) to develop other mitigation activities,
including energy efficiency alternatives for generators
and industrial processes.
SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES.
(a) Sense of Congress.--
(1) Actions by environmental protection agency.--It is the
sense of Congress that the Administrator of the Environmental
Protection Agency should--
(A) amend any regulations issued under section 608
of the Clean Air Act (42 U.S.C. 7671g)--
(i) to include hydrofluorocarbons; and
(ii) to expand initiatives relating to the
recovery and reclamation of hydrofluorocarbons;
(B) cooperate with the Secretary of Energy in
considering modifications to the Energy Star program
established under section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) to include
refrigerant systems that--
(i) achieve best-in-class energy efficiency
savings; and
(ii) use low global warming potential
refrigerants and foam-blowing agents; and
(C) remove high-GWP HFC from the Significant New
Alternatives Policy Program authorized under section
612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for
applications in which the Administrator has identified
other alternatives that--
(i) are currently or potentially available;
(ii) reduce the overall risk to human
health and the environment; and
(iii) take into consideration cost-
effectiveness.
(2) Sense of senate.--It is the sense of the Senate that
United States leadership and full support of an amendment to
the Montreal Protocol on Substances that Deplete the Ozone
Layer, done at Montreal September 16, 1987, should ensure a
smooth, technically feasible global transition away from high-
GWP HFC.
(b) Study on High-GWP HFC Alternatives.--Not later than 2 years
after the date of enactment of this Act, the Secretary of Energy and
the Administrator of the Environmental Protection Agency, in
collaboration with the National Institute of Standards and Technology,
shall--
(1) evaluate the availability of high-GWP HFC alternatives;
and
(2) submit to Congress a report that--
(A) identifies--
(i) the standards or regulatory barriers
that are preventing the use of alternatives to
high-GWP HFC in the United States that are in
widespread use in other countries;
(ii) any standards or regulations requiring
revision; and
(iii) any actions necessary to revise those
standards or regulations; and
(B) establishes a plan for revising the standards
referred to in paragraph (1) in the shortest
practicable timeframe.
(c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.--
(1) In general.--Section 605 of the Clean Air Act (42
U.S.C. 7671d) is amended by adding at the end the following:
``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1
year after the date of enactment of the Super Pollutants Act of 2015,
it shall be unlawful for any person to manufacture any uncharged
hydrochlorofluorocarbon-22 air conditioning condensing equipment for
residential use.''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate regulations--
(A) to carry out the amendment made by paragraph
(1); and
(B) to reduce the allocation of HCFC-22 consumption
allowances commensurate with anticipated decreased
demand resulting from the prohibition of uncharged
condensing equipment under subsection (e) of section
605 of the Clean Air Act (42 U.S.C. 7671d) (as added by
paragraph (1)).
(d) R-134a Automotive Air Conditioning Recharge Kits.--
(1) Study.--The Administrator of the Environmental
Protection Agency shall conduct a study to determine the most
effective method to minimize the inadvertent release of HFC-
134a from automotive air conditioning recharge kits at any time
during which the recharge container is not being used.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that contains the results of the study
conducted pursuant to paragraph (1).
SEC. 7. REDUCTION OF METHANE EMISSIONS.
(a) Technical Guidance.--The Secretary of State, the Secretary of
Energy, the Administrator of the Environmental Protection Agency, and
the Secretary of Commerce shall--
(1) provide to other countries technical guidance regarding
containment of emissions from gas drilling, landfills, coal
mining, and agriculture in engaging with other governments,
including trade delegations, under the auspices of
international initiatives, such as the Global Shale Gas
Initiative of the Department of State and the Global Methane
Initiative; and
(2) collaborate with--
(A) the Global Gas Flaring Reduction Partnership of
the World Bank; and
(B) the Global Methane Initiative, Natural Gas STAR
Program, the Climate and Clean Air Coalition Oil and
Gas Methane Partnership, and other voluntary reduction
programs of the Environmental Protection Agency.
(b) GAO Report.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that identifies--
(A) the types of equipment throughout the
production value chain that are most likely to have
high leak rates; and
(B) voluntary efforts on replacing or monitoring
those types of equipment.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that contains the
results of the examination conducted pursuant to paragraph (1).
(c) Sense of Congress Regarding Financing Conditions.--It is the
sense of Congress that, in evaluating gas and oil-related projects for
financial support, the heads of the United States Export-Import Bank
and the Overseas Private Investment Corporation should condition
financing for those projects on--
(1) the deployment of the best technology, methods, and
management practices for detecting and repairing leaks of
methane throughout the oil and gas production, processing,
transportation, and distribution system;
(2) the minimization of venting and inefficient or
unnecessary flaring; and
(3) the deployment of best technology, methods, and
management practices for reducing emissions of other air
pollution, especially--
(A) volatile organic compounds; and
(B) hazardous air pollutants. | Super Pollutants Act of 2015 This bill requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation. The Task Force must report on federal agencies' plans for reducing those pollutants, including: (1) black carbon (soot emissions), (2) methane, and (3) hydrofluorocarbons with high global warming potential (high-GWP HFC). The Department of State must develop a comprehensive plan to reduce black carbon emissions from international shipping, which must include a roadmap toward helping countries reduce fine-particle emissions from shipping. While acting as chairperson of the Arctic Council, the Secretary of State must: (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal, and (2) encourage observers of that Council to adopt national black carbon emissions reduction goals and mitigation plans. The U.S. Agency for International Development (USAID) must: (1) prioritize black carbon mitigation activities as part of aid distribution activities; (2) give special emphasis to projects that produce substantial environmental, gender, livelihood, and public health benefits; and (3) work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions. The State Department must provide technical assistance to aid international efforts in reducing black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial processes. The Department of Energy (DOE) and the Environmental Protection Agency (EPA) must: (1) evaluate the availability of high-GWP HFC alternatives, and (2) report on a plan for revising regulatory barriers that prevent the use of those alternatives. The bill amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. The EPA must study and report on the most effective method to minimize the inadvertent release of HFC-134a from automotive air conditioning recharge kits when the recharge container is not being used. The State Department, DOE, the EPA, and the Department of Commerce must provide to other countries technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. The Government Accountability Office must identify: (1) the types of equipment throughout the production value chain that are most likely to have high leak rates, and (2) voluntary efforts on replacing or monitoring those types of equipment. | Super Pollutants Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Security Act of 2017''.
SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS.
(a) Program To Prohibit Possession of Firearms at Airports.--
Section 44903 of title 49, United States Code, is amended by adding at
the end the following new subsection:
``(o) Program To Prohibit Possession of Firearms at Airports.--
``(1) Establishment.--The Administrator of the
Transportation Security Administration shall establish and
carry out a program to prohibit, except as provided in
paragraph (3), any individual from possessing a firearm at a
covered airport, including any individual who enters the
airport, or who exits public transportation at the airport, for
the following purposes:
``(A) Air travel.
``(B) Meeting another individual.
``(C) Picking up cargo.
``(D) Employment at the airport.
``(2) Requirements for airport operators.--In carrying out
the program established under paragraph (1), the Administrator
shall require each airport operator to--
``(A) conspicuously display notices summarizing the
program described in paragraph (1)--
``(i) at each entrance to the airport; and
``(ii) in such form, and containing such
information, as the Administrator shall by
regulation prescribe; and
``(B) require law enforcement personnel to--
``(i) monitor the airport to prevent
violations of paragraph (1); and
``(ii) escort any individual described in
paragraph (3)(B)(ii) who is discovered by such
personnel to be in possession of a firearm
described in paragraph (3)(B)(i), to ensure
that such individual continues to be excepted
from paragraph (1) by reason of being an
individual described in paragraph (3)(B).
``(3) Exceptions.--The following individuals shall not be
prohibited by paragraph (1) from possessing a firearm under
such paragraph:
``(A) Individuals authorized to carry a firearm.--
An individual who, by regulation, is authorized by the
Administrator of the Federal Aviation Administration or
the Administrator of the Transportation Security
Administration to carry a firearm at the covered
airport.
``(B) Travelers.--An individual who possesses a
firearm, if--
``(i) the firearm is unloaded, carried in a
hard-sided container that is locked, and the
key or combination to the lock is in the
exclusive possession of the individual; and
``(ii) the individual--
``(I) is carrying a ticket in the
name of the individual for a flight
that is scheduled for departure from
the covered airport within 24 hours or
that has arrived at the airport within
the preceding 24 hours; or
``(II) communicates the intention
to obtain a ticket for departure
referred to in subclause (I) at the
covered airport and obtains and carries
such ticket or does not obtain such
ticket for a compelling reason.
``(C) Individuals shipping firearms.--An individual
who possesses a firearm in a capacity relating to the
shipment of the firearm in air commerce and who, by
regulation, is authorized by the Administrator of the
Federal Aviation Administration or the Administrator of
the Transportation Security Administration to possess
the firearm at the covered airport in such capacity.
``(D) Law enforcement officers.--An on-duty law
enforcement officer of a State or political subdivision
of a State, or an officer or employee of the Federal
Government, who is authorized to carry a firearm.
``(E) Certain individuals on public
transportation.--An individual passing through an
airport on public transportation.
``(F) Additional authorized individuals.--An
individual who is otherwise authorized by the
Administrator of the Federal Aviation Administration or
the Administrator of the Transportation Security
Administration to possess a firearm at a covered
airport.
``(4) Issuance of regulations.--Not later than one year
after the date of enactment of this Act, the Administrator of
the Transportation Security Administration shall issue
regulations to carry out this subsection.
``(5) Definitions.--In this subsection:
``(A) Airport.--The term `airport' means an airport
and any appurtenant building or area that is related to
the operation of the airport, including a building or
area on the site of the airport designed to--
``(i) receive passengers or cargo before or
after a flight; or
``(ii) facilitate arrival at or departure
from the airport, including--
``(I) a road or section of road
used primarily for arrival at or
departure from the airport;
``(II) an airport parking area; and
``(III) a public transportation
stop.
``(B) Airport operator.--The term `airport
operator' means the operator of a covered airport.
``(C) Administrator.--The term `Administrator'
means the Administrator of the Transportation Security
Administration.
``(D) Covered airport.--The term `covered airport'
means an airport that in the preceding fiscal year
received an amount allocated or apportioned under
chapter 471.
``(E) Firearm.--The term `firearm' has the meaning
given the term in section 921(a)(3) of title 18.
``(F) Public transportation.--The term `public
transportation' means a conveyance that provides
regular and continuing general or special
transportation to the public.''.
(b) Criminal Penalty for Possession.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 932. Possession of firearms at airports
``(a) In General.--Except as provided in subsection (b), an
individual who knowingly possesses a firearm at a covered airport shall
be fined under this title, imprisoned not more than 10 years, or both.
``(b) Exceptions.--Subsection (a) shall not apply to an individual
described in section 44903(o)(3) of title 49.
``(c) Definition of Covered Airport.--In this section, the term
`covered airport' has the meaning given the term in section
44903(o)(5)(D) of title 49.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 30 days after the date on
which the Administrator of the Transportation Security
Administration has issued regulations pursuant to section
44903(o)(4) of title 49, United States Code (as added by
subsection (a)).
(3) Conforming amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by
adding at the end the following new item:
``932. Possession of firearms at airports.''. | Airport Security Act of 2017 This bill directs the Transportation Security Administration (TSA) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. The TSA shall require airport operators to: display conspicuous notices summarizing the program at each airport entrance, and require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. The bill prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport. | Airport Security Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warriors Joint Health Care
Ombudsman Act''.
SEC. 2. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE OMBUDSMAN OFFICE.
(a) Establishment.--The Secretary of Defense shall establish a
Department of Defense-wide Ombudsman Office (in this Act referred to as
the ``Ombudsman Office'') and assign the responsibility for overseeing
the Office to the Assistant Secretary of Defense for Health Affairs.
(b) Functions.--The functions of the Ombudsman Office are to
provide assistance to and answer questions from medical holdover
patients and their families regarding--
(1) administrative processes, financial matters, and non-
military related services available to the patients and their
families throughout the patient's evaluation, treatment, and
recovery;
(2) transfer to the care of the Veterans Administration;
and
(3) support services available upon the patient's return
home.
(c) Additional Requirements.--
(1) Accountability standards.--The Ombudsman Office shall--
(A) create and maintain case files for individual
specific questions received, and initiate inquiries and
track responses for all such questions;
(B) set standards for timeliness of responses; and
(C) set standards for accountability to medical
holdover patients and their families, including
requirements for daily updates to patients and family
members about steps being taken to alleviate problems
and concerns until problems are addressed.
(2) Toll-free phone numbers.--The Ombudsman shall establish
and maintain toll-free telephone assistance phone numbers as
follows:
(A) One number shall be available for medical
holdover patients and their families and shall operate
8 hours a day and 7 days a week.
(B) One number shall be available for medical
emergency questions 24 hours a day and 7 days a week.
(3) Status reports.--The Ombudsman Office shall submit
weekly status reports of actions taken to address individual
concerns to the Secretary of Defense, the Secretary of each
military department, and the inspector general of each military
department. The Office shall also report to the commander or
director of the office or facility with responsibility for the
patients covered by the status report.
(d) Responses From Other Offices.--The Secretary of Defense shall
ensure that all other offices within the Department of Defense and the
military departments respond in a timely manner to resolve questions
and requests from the Ombudsman Office on behalf of medical holdover
patients and their families, including offices responsible for medical
matters (including medical holdover processes), financial and
accounting matters, legal matters, human resources matters, reserve
component matters, installation and management matters, and physical
disability matters.
(e) Briefings.--The head of the Ombudsman Office shall conduct
briefings of senior leadership in the military departments on all
medical holdover trends, issues, and problems in person on a monthly
basis.
(f) Congressional Inquiries.--The Ombudsman Office shall be
responsible for handling, and for setting standards regarding the
handling of, all inquiries from Congress regarding medical holdover
patients and other medical questions related to the Armed Forces. The
Ombudsman Office may report about congressional inquiries to the
congressional liaison headquarters of each military department.
(g) Staff of the Office.--
(1) Head.--The Ombudsman Office should be headed by a
general or flag officer.
(2) Staff.--The Ombudsman Office shall be staffed by
personnel from offices of the Surgeon General of each military
department and also shall include representatives from each
military department with responsibility for a part of patient
processing and representatives from reserve components.
Personnel in the Ombudsman office should--
(A) be highly trained in their office and command
processes;
(B) be given standardized and updated information
on all military retention facility personnel charged
with on-location assistance; and
(C) in the case of military personnel, be assigned
to the Office for a period of at least 3 years, and in
the case of civilian personnel, be assigned to the
Office permanently if practicable.
(3) Training and testing.--Ombudsman personnel should be
tested and evaluated on a standardized basis. Ombudsman
personnel should be also trained to deal with members of the
Armed Forces with post-traumatic stress disorder and other
brain injuries.
(h) Medical Holdover Patient.--In this Act, the term ``medical
holdover patient'' means a member of the Armed Forces, including a
member of the National Guard or other reserve component, who is
undergoing medical treatment, recuperation, or therapy, or is otherwise
in medical hold or holdover status, for an injury, illness, or disease
incurred or aggravated while on active duty in the Armed Forces.
(I) Authorization.--There is authorized to be appropriated to carry
out this Act $2,000,000 for fiscal year 2007, and $1,000,000 for each
of fiscal years 2008 and 2009. | Wounded Warriors Joint Health Care Ombudsman Act - Directs the Secretary of Defense to establish a Department of Defense (DOD)-wide Ombudsman Office and to assign Office oversight responsibility to the Assistant Secretary of Defense for Health Affairs.
Requires the Ombudsman to provide assistance to and answer questions from medical holdover patients and their families regarding: (1) administrative processes, financial matters, and non-military related services available to such patients and families; (2) transfer to the care of the Veterans Administration (VA); and (3) support services available upon the patient's return home. Directs the Ombudsman to establish toll-free telephone numbers for such patients and family members. Makes the Ombudsman responsible for handling congressional inquiries regarding medical holdover patients and other medical questions related to the Armed Forces.
Defines a medical holdover patient as one held over for medical treatment by DOD for an injury, illness, or disease incurred or aggravated while on active duty. | To create a Department of Defense-wide Ombudsman Office. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood and Agriculture Risk
Management Cost Reduction Act of 2017''.
SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS.
Subsection (a) of section 1315 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the
following new paragraph:
``(3) Allowable local variances for certain agricultural
structures.--
``(A) Requirement.--Notwithstanding any other
provision of this Act--
``(i) the land use and control measures
adopted pursuant to paragraph (1) may not, for
purposes of such paragraph, be considered to be
inadequate or inconsistent with the
comprehensive criteria for land management and
use under section 1361 because such measures
provide that, in the case of any agricultural
structure that is located in an area having
special flood hazards, a variance from
compliance with the requirements to elevate or
floodproof such a structure and meeting the
requirements of subparagraph (B) may be
granted; and
``(ii) the Administrator may not suspend a
community from participation in the national
flood insurance program, or place such a
community on probation under such program,
because such land use and control measures
provide for such a variance.
This subparagraph shall not limit the ability of the
Administrator to take enforcement action against a
community that does not adopt adequate variance
criteria or establish proper enforcement mechanisms.
``(B) Variance; considerations.--The requirements
of this subparagraph with respect to a variance are as
follows:
``(i) The variance is granted by an
official from a duly constituted State or local
zoning authority, or other authorized public
body responsible for regulating land
development or occupancy in flood-prone areas.
``(ii) In the case of new construction,
such official has determined--
``(I) that neither floodproofing
nor elevation of the new structure to
the base flood elevation is
practicable; and
``(II) that the structure is not
located in--
``(aa) a designated
regulatory floodway;
``(bb) an area riverward of
a levee or other flood control
structure; or
``(cc) an area subject to
high velocity wave action or
seaward of flood control
structures.
``(iii) In the case of existing
structures--
``(I) if such structure is
substantially damaged or in need of
substantial repairs or improvements,
such official has determined that
neither floodproofing nor elevation to
the base flood elevation is
practicable; and
``(II) if such structure is located
within a designated regulatory
floodway, such official has determined
that the repair or improvement does not
result in any increase in base flood
levels during the base flood discharge.
``(iv) Such official has determined that
the variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or
ordinances.
``(v) Not more than one claim payment
exceeding $1,000 has been made for the
structure under flood insurance coverage under
this title within any period of 10 consecutive
years at any time prior to the granting of the
variance.
``(C) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Agricultural structure.--The term
`agricultural structure' has the meaning given
such term in paragraph (2)(D), except that such
term includes not more than one single-family
dwelling located on the same property as the
agricultural operation, but only if such
dwelling is occupied by the owner or operator
of the operation.
``(ii) Floodproofing.--The term
`floodproofing' means, with respect to a
structure, any combination of structural and
non-structural additions, changes, or
adjustments to the structure that reduce or
eliminate flood damage to real estate or
improved real property, water and sanitary
facilities, structures, or their contents.''.
SEC. 3. PREMIUM RATES.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C.
4015) is amended by adding at the end the following new subsection:
``(n) Premium Rates for Certain Agricultural Structures With
Variances.--Notwithstanding any other provision of this Act, the
chargeable premium rate for coverage under this title for any structure
provided a variance pursuant to section 1315(a)(3) shall be the same as
the rate that otherwise would apply to such structure if the structure
had been dry floodproofed.''.
SEC. 4. LEVEE-IMPACTED AREAS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Levee-Impacted Areas.--
``(1) In general.--Subject only to full implementation of
subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the
Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C.
4101b(b)(1)) and notwithstanding any other provision of law, if
a community that applies to the Administrator for the remapping
of a levee-impacted area in which the pertinent levee system
fails to meet the National Flood Insurance Program's minimum
design, operation, and maintenance standards required for levee
accreditation on a flood insurance rate map--
``(A) the Administrator shall establish flood risk
zones for those areas on such maps to be known as AL
zones; and
``(B) flood insurance shall be made available to
properties located within such zones at actuarial rates
based upon the risk associated with structures within
the applicable AL zones.
``(2) Transition.--Before the Administrator has developed
actuarial rates for the various AL zones, covered structures
within the portions of the community located within the levee-
impacted area shall be eligible for rates associated with areas
of moderate flood hazards.''.
SEC. 5. MULTIPLE AGRICULTURAL STRUCTURE POLICY PILOT PROGRAM.
(a) Authority.--The Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator'') shall carry out a pilot program under this section
that provides for the sale of contracts for flood insurance coverage
under the National Flood Insurance Act of 1968 that cover multiple non-
residential agricultural structures, as such term is defined in section
1315(a)(2)(D) of such Act (42 U.S.C. 4022(a)(2)(D)), under a single
flood insurance policy.
(b) Availability in Regular Program Communities.--The Administrator
may provide coverage under the pilot program only for properties
located in communities for which a flood insurance rate map is in
effect and in which the full limits of coverage under the National
Flood Insurance Act of 1968 are available .
(c) Limit of Coverage.--Coverage provided under the pilot program
shall not exceed $500,000 aggregate liability per policy for coverage
of structures and $500,000 aggregate liability per policy for coverage
of contents.
(d) Applicable Waiting Periods.--Coverage provided under the pilot
program shall comply with subsection (c) of section 1306 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)).
(e) Substantial Conformance With General Policy Form.--
(1) Requirements.--Coverage provided under the pilot
program shall be consistent with, and as substantially
identical as possible to, the terms, conditions, and exclusions
found in the General Property Form of the Standard Flood
Insurance Policy, as set forth in Appendix A(2) to Part 61 of
title 44, Code of Federal Regulations.
(2) Implementation.--Notwithstanding any applicable
rulemaking requirements, to the extent necessary to implement
the pilot program under this section, the Administrator may
issue endorsements to the General Policy Form of the Standard
Flood Insurance Policy, as set forth in the Appendix referred
to in paragraph (1), except that no such endorsement may be
issued before the expiration of the 6-month period beginning
upon publication of such endorsement in the Federal Register.
(f) Exclusive Use of Direct Servicing Agent.--Notwithstanding any
other provision of law, or arrangements entered into under section 1340
of the National Flood Insurance Act of 1968 (42 U.S.C. 4071), the
Administrator shall sell contracts for coverage under the pilot program
under this section only through the facilities of the Administrator's
direct serving agent for the national flood insurance program.
(g) Limitation on Reformation of Existing Policies.--The
Administrator may not sell a contract for coverage under the pilot
program under this section for a structure that covers any period
during which the structure is covered under another contract for
insurance coverage made available under the National Flood Insurance
Act of 1968.
(h) Rule of Construction.--Nothing in this section may be construed
to limit or restrict the Administrator's authority to provide, by
regulation, for general terms and conditions of flood insurance for
multiple structures under one flood insurance policy pursuant to
sections 1305 and 1306 of the National Flood Insurance Act of 1968 (42
U.S.C. 4012, 4013).
(i) Implementation.--The Administrator may not sell any policy for
flood insurance coverage under the pilot program under this section
before the expiration of the 6-month period beginning upon publication
in the Federal Register of notice describing the pilot program and
setting forth the general terms and conditions of endorsements to be
sold under the program.
(j) Termination.--The pilot program under this section shall
terminate upon, and the Administrator may not sell any policy for flood
insurance coverage under the pilot program after, the expiration of the
6-year period beginning upon the date of the enactment of this Act.
(k) Report to Congress.--Not later than the expiration of the 5-
year period beginning on the date of the enactment of this Act, the
Administrator shall submit a report to the Congress describing and
evaluating the pilot program under this section. | Flood and Agriculture Risk Management Cost Reduction Act of 2017 This bill amends the National Flood Insurance Act of 1968 to allow, under the National Flood Insurance Program, certain local variances with respect to agricultural structures located in special flood-hazard zones. The chargeable premium rate for coverage with respect to a structure that is provided such a variance shall be the same as would otherwise apply if the structure had been dry flood-proofed. If a community applies to the Federal Emergency Management Agency (FEMA) for the remapping of a levee-impacted area in which the pertinent levee system fails to meet specified minimum standards for accreditation on a flood-insurance rate map: (1) FEMA must establish, on an alternative map, a flood-risk zone for the area; and (2) flood insurance shall be made available, at specified risk-based rates, to properties located within the zone. FEMA shall carry out a pilot program that provides for the sale of contracts for flood-insurance coverage, under the National Flood Insurance Program, for multiple nonresidential agricultural structures under a single policy. | Flood and Agriculture Risk Management Cost Reduction Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Fish Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recreational fishing is traditionally one of the most
popular outdoor sports with more than 50,000,000 participants
of all ages, in all regions of the country.
(2) Recreational fishing makes a substantial contribution
to the local, State, and national economies. According to the
most recent economic figures, recreational fishing infuses
$116,000,000,000 annually into the national economy.
Nationally, over 1,200,000 jobs are related to recreational
fishing; this represents approximately 1 percent of the
nation's entire civilian work force. For those communities and
small businesses that rely on seasonal tourism, the
expenditures of recreational anglers result in substantial
benefits to the local economies.
(3) Recreational anglers have long demonstrated a
conservation ethic through their support of reasonable
fisheries management laws and regulations including minimum
size requirements, possession limits, and seasonal closures, as
well as through their voluntary practice of catch-and-release
fishing when appropriate.
(4) In addition to payment of Federal excise taxes on
fishing equipment, motorboats, and fuel, as well as license
fees, recreational anglers contribute over $500,000,000
annually to State fisheries conservation management programs
and projects.
(5) It is a long standing policy of the Federal Government
to allow public access to public lands and waters for
recreational purposes consistent with sound conservation. This
policy is reflected in the National Forest Management Act of
1976, the National Wildlife Refuge System Administration Act of
1966, the Wilderness Act, the Wild and Scenic Rivers Act, and
the National Parks and Recreation Act of 1978.
(6) In most instances, recreational fishery resources can
be maintained through a variety of management measures
including minimum size requirements, possession limits, and
seasonal closures, without restricting public access to places
to fish.
(7) Comprehensive standards must be established to
demonstrate to the public that recreational fishing can be
managed effectively without unnecessarily closing marine waters
and to direct the implementation, use, and monitoring of marine
protected areas.
SEC. 3. POLICY.
Consistent with sound marine conservation, it is the policy of the
Congress in this Act--
(1) to create standards to direct the implementation, use,
and monitoring of marine protected areas;
(2) to ensure that all Federal regulations promote open
access for recreational fishing to the maximum extent
practicable;
(3) to ensure that recreational anglers will be actively
involved in any regulatory procedures that contemplate
restrictions on their access to places to fish; and
(4) to ensure that whenever access to fishing places is
restricted, the restricted areas are as small as scientifically
necessary to provide for the conservation of the fishery
resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENT.
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(13);
(2) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and;''; and
(3) by adding at the end the following:
``(15) not establish areas closed to recreational fishing
unless--
``(A) there is a clear indication that recreational
fishermen are the cause of a specific conservation
problem and that less severe conservation measures,
including minimum size requirements, possession limits,
seasonal closures, or gear restrictions, will not
adequately provide for conservation and management of
the affected stocks of fish as determined by the
appropriate Regional Fishery Management Council;
``(B) the closed area regulation includes specific
measurable criteria to determine the conservation
benefit of the closed area on the affected stocks of
fish and provides a timetable for periodic review of
the continued need for the closed area at least once
every 3 years;
``(C) the closed area is no larger than that which
is supported by the best available scientific
information; and
``(D) provisions are made to reopen the closed area
to recreational fishing whenever the basis of the
closure no longer exists.''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas closed to recreational fishing unless: (1) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures will not adequately provide for conservation and management of the affected stocks of fish; (2) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on such fish and provides a timetable for periodic review of the continued need for the closed area; (3) the closed area is no larger than that which is supported by the best available scientific information; or (4) provision is made to reopen the closed area to recreational fishing whenever any such condition that was the basis of the closure no longer exists. | To protect the public's ability to fish for sport, and for other purposes. |
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