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SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Moore Wild Steelhead Special Management Area Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Frank Moore has committed his life to family, friends, his country, and fly fishing; (2) Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery; (3) Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon; (4) as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors, with visitors from all over the United States and the world; (5) Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission; (6) Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and (7) in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the ``Frank Moore Wild Steelhead Special Management Area''. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Frank Moore Wild Steelhead Special Management Area Designation Act'' and dated June 23, 2016. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) Special management area.--The term ``Special Management Area'' means the Frank Moore Wild Steelhead Special Management Area designated by section 4(a). (4) State.--The term ``State'' means the State of Oregon. SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON. (a) Designation.--The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the ``Frank Moore Wild Steelhead Special Management Area''. (b) Map; Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area. (2) Force of law.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration.--Subject to valid existing rights, the Special Management Area shall be administered by the Secretary-- (1) in accordance with all laws (including regulations) applicable to the National Forest System; and (2) in a manner that-- (A) conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area; (B) maintains and seeks to enhance the wild salmonid habitat of the Special Management Area; (C) maintains or enhances the watershed as a thermal refuge for wild salmonids; and (D) preserves opportunities for recreation, including primitive recreation. (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section-- (1) creates any protective perimeter or buffer zone around the Special Management Area; or (2) modifies the applicable travel management plan for the Special Management Area. (f) Wildfire Management.--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 Special Management Area, consistent with the purposes of this Act, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant. (g) Vegetation Management.--Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with-- (1) the purposes described in subsection (c); and (2) the applicable forest plan. (h) Protection of Tribal Rights.--Nothing in this section diminishes any treaty rights of an Indian tribe. (i) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by subsection (a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Frank Moore Wild Steelhead Special Management Area Designation Act This bill designates approximately 99,653 acres of Forest Service land in Oregon as the "Frank Moore Wild Steelhead Special Management Area."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY ENTITIES IN THE INSULAR AREAS OF THE UNITED STATES. (a) General Provisions.--Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection: ``(j)(1) With respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve: ``(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may-- ``(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of petroleum product within the category that is the subject of the offering; and ``(ii) submit one or more alternative offers, for other categories of petroleum product, that will be binding in the event that no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and ``(B) at the request of the Governor of the State of Hawaii, petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting. ``(2)(A) In administering this subsection, and with respect to each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) The Secretary may limit the quantity of petroleum product that the State of Hawaii may purchase through a binding offer at any one offering to one-twelfth of the total quantity of imports of petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative). ``(C) The Secretary may limit the quantity that may be purchased through binding offers at any one offering to 3 percent of the offering. ``(3) Notwithstanding any limitation imposed under paragraph (2), in administering this subsection, and with respect to each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (6), adjust the quantity to be sold to the State of Hawaii as follows: ``(A) The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is-- ``(i) less than one full tanker load; or ``(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(B) The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(4) The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, so long as petroleum product of similar value or quantity is delivered to the State of Hawaii. ``(5) Except as otherwise provided in this Act, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum product at competitive sales. ``(6)(A) Notwithstanding the foregoing, and subject to subparagraphs (B) and (C), if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to effectuate the purposes of this Act, such eligible entity may act on behalf of the State of Hawaii for purposes of this subsection. ``(B) The Governor of the State of Hawaii shall not certify more than one eligible entity under this paragraph for each notice of sale. ``(C) If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify such company under the paragraph. ``(7) As used in this subsection-- ``(A) the term `binding offer' means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to this Act, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer; ``(B) the term `category of petroleum product' means a master line item within a notice of sale; ``(C) the term `eligible entity' means an entity that owns or controls a refinery that is located within the State of Hawaii; ``(D) the term `full tanker load' means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii; ``(E) the term `offering'' means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale; and ``(F) the term `notice of sale' means the document that announces-- ``(i) the sale of Strategic Petroleum Reserve products; ``(ii) the quantity, characteristics, and location of the petroleum product being sold; ``(iii) the delivery period for the sale; and ``(iv) the procedures for submitting offers.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act or the date that final regulations are promulgated pursuant to section 3, whichever is sooner. SEC. 3. REGULATIONS. (a) In General.--The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by section 2. (b) Administrative Procedure.--Regulations issued to carry out this section, and the amendment made by section 2, shall not be subject to-- (1) section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393); or (2) section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). S 186 IS----2
Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act with respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve (SPR) to prescribe guidelines according to which the State of Hawaii may: (1) submit binding offers for and purchase categories of such product, receiving, at the Governor's request, first preference in scheduling for lifting; and (2) enter into agreements with eligible entities (local refineries) which may act on the State's behalf.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and Function.--The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. SEC. 4. RELATIONSHIP TO REQUIREMENTS TO SUBMIT REPORTS TO CONGRESS. (a) Compliance With Statutory Requirement To Submit Reports.-- Notwithstanding any other provision of law, a Federal agency is deemed to have complied with a statutory requirement to submit a report to Congress if the agency completes each of the following, with respect to such report: (1) Publishes a complete and unredacted copy on the website required under section 2(a). (2) Notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. (b) Removing and Altering Reports.--A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the Federal agency with the express, written consent of each congressional committee to which the report must be submitted. SEC. 5. RELATIONSHIP TO FREEDOM OF INFORMATION ACT. Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code. If any information in a congressionally mandated report may not be publicly released under section 552(b) of title 5, United States Code, the Federal agency concerned shall redact from the report submitted to be published on the website established under section 2 only such information, shall indicate where such redactions were made in the report, and shall identify the exemption under which each such redaction is made. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.
Access to Congressionally Mandated Reports Act - (Sec. 2) Requires the Public Printer (GPO) to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Prohibits GPO from charging a fee, requiring registration, or imposing any other limitation in exchange for access to the website. Requires that such website provide, with respect to each congressionally mandated report: (1) a citation to the statute or conference report requiring the report; (2) an electronic copy of the report, including any transmittal letter; (3) the ability to retrieve a report through searches based on the title of the report, the reporting federal agency, the date of publication, each congressional committee receiving the report, and other search data; (4) the time and date when the report was required to be submitted and when it was submitted to the website; (5) access to the report not later than 30 calendar days after its submission to Congress; and (6) a permanent means of accessing the report electronically. Requires such website to include: (1) a means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search; (2) a means for each agency head to publish on the website each congressionally mandated agency report; and (3) a list form for all reports that can be searched, sorted, and downloaded by reports submitted within the required time, reports submitted after their required date of submission, and reports not submitted. (Sec. 3) Requires the head of each federal agency to publish the agency's congressionally mandated reports on the website in an open format that is platform independent, machine readable, and available to the public without restrictions, including restrictions that would impede the reuse of information in the reports. Requires the Director of the Office of Management and Budget (OMB) to issue guidance to agencies on the implementation of this Act. (Sec. 4) Deems a federal agency to have complied with a statutory requirement to submit a report to Congress if the agency: (1) publishes a complete and unredacted copy on the website established by this Act; and (2) notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. Prohibits any report posted on the website from being changed or removed, with the exception of technical changes, without the express, written consent of each such congressional committee. (Sec. 5) Provides that nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA). Requires agencies to redact from reports information that may not be publicly released, to indicate where such redactions are made in the report, and to identify the exemption under which each redaction is made. (Sec. 6) Defines "congressionally mandated report" as a report that is required to be submitted to either chamber of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (Sec. 7) Requires this Act to be implemented not later than one year after its enactment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security and American Cyber Competitiveness Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Malicious state, terrorist, and criminal actors exploiting vulnerabilities in information and communications networks and gaps in cyber security pose one of the most serious and rapidly growing threats to both the national security and economy of the United States. (2) With information technology now the backbone of the United States economy, a critical element of United States national security infrastructure and defense systems, the primary foundation of global communications, and a key enabler of most critical infrastructure, nearly every single American citizen is touched by cyberspace and is threatened by cyber attacks. (3) Malicious actors in cyberspace have already caused significant damage to the United States Government, the United States economy, and United States citizens: United States Government computer networks are probed millions of times each day; approximately 9,000,000 Americans have their identities stolen each year; cyber crime costs American businesses with 500 or more employees an average of $3,800,000 per year; and intellectual property worth over $1,000,000,000,000 has already been stolen from American businesses. (4) In its 2009 Cyberspace Policy Review, the White House concluded, ``Ensuring that cyberspace is sufficiently resilient and trustworthy to support United States goals of economic growth, civil liberties and privacy protections, national security, and the continued advancement of democratic institutions requires making cybersecurity a national priority.'' (5) An effective solution to the tremendous challenges of cyber security demands cooperation and integration of effort across jurisdictions of multiple Federal, State, local, and tribal government agencies, between the government and the private sector, and with international allies, as well as increased public awareness and preparedness among the American people. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that Congress should enact, and the President should sign, bipartisan legislation to secure the United States against cyber attack, to enhance American competitiveness and create jobs in the information technology industry, and to protect the identities and sensitive information of American citizens and businesses by-- (1) enhancing the security and resiliency of United States Government communications and information networks against cyber attack by nation-states, terrorists, and cyber criminals; (2) incentivizing the private sector to quantify, assess, and mitigate cyber risks to their communications and information networks; (3) promoting investments in the American information technology sector that create and maintain good, well-paying jobs in the United States and help to enhance American economic competitiveness; (4) improving the capability of the United States Government to assess cyber risks and prevent, detect, and robustly respond to cyber attacks against the government and the military; (5) improving the capability of the United States Government and the private sector to assess cyber risk and prevent, detect, and robustly respond to cyber attacks against United States critical infrastructure; (6) preventing and mitigating identity theft and guarding against abuses or breaches of personally identifiable information; (7) enhancing United States diplomatic capacity and international cooperation to respond to emerging cyber threats, including promoting security and freedom of access for communications and information networks around the world and battling global cyber crime through focused diplomacy; (8) protecting and increasing the resiliency of United States' critical infrastructure and assets, including the electric grid, military assets, the financial sector, and telecommunications networks against cyber attacks and other threats and vulnerabilities; (9) expanding tools and resources for investigating and prosecuting cyber crimes in a manner that respects privacy rights and civil liberties and promotes American innovation; and (10) maintaining robust protections of the privacy of American citizens and their on-line activities and communications.
Cyber Security and American Cyber Competitiveness Act of 2011 - Calls for the enactment of bipartisan legislation to secure the United States against cyber attack, enhance American competitiveness and create jobs in the information technology industry, and protect the identities and sensitive information of American citizens and businesses by: (1) enhancing the security and resiliency of U.S. government communications and information networks against cyber attack; (2) incentivizing the private sector to quantify, assess, and mitigate cyber risks to networks; (3) promoting investments in the American information technology sector; (4) improving the capability of the government and the private sector to assess cyber risks and prevent, detect, and respond to cyber attacks; (5) preventing and mitigating identity theft; (6) enhancing U.S. diplomatic capacity and international cooperation to respond to emerging cyber threats; (7) protecting and increasing the resiliency of U.S critical infrastructure and assets against cyber attacks; (8) expanding resources for investigating and prosecuting cyber crimes in a manner that respects privacy rights and civil liberties and promotes American innovation; and (9) maintaining robust protections of the privacy of American citizens and their on-line activities and communications.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Women's Suffrage Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Alice Paul was born on January, 11, 1885, in Moorestown New Jersey, and died on July 9, 1977. (2) Alice Paul dedicated her life to securing suffrage and equal rights for all women and, as founder of the National Woman's Party, she was instrumental in the passage of the 19th Amendment to the United States Constitution. (3) Alice Paul and the National Woman's Party were the first group ever to picket the White House. (4) While President Woodrow Wilson trumpeted America's values of democracy abroad during World War I, Alice Paul was dedicated to reminding the President that not all Americans enjoyed democracy at home. (5) Alice Paul used nonviolent civil disobedience to bring national attention to the women's suffrage movement, such as the 3-week hunger strike she undertook when she was sentenced to jail in October, 1917, for her demonstrations. (6) Alice Paul's courage inspired thousands of women to join the women's suffrage movement. (7) Instead of patiently waiting for States to grant women suffrage, Alice Paul mobilized an entire generation of women to pressure the United States Congress and the President to give all women in America the right to vote. (8) Alice Paul did not stop her fight after the 19th Amendment was ratified; she drafted the Equal Rights Amendment to the United States Constitution in 1923 and fought tirelessly for its passage until her death 54 years later. (9) Alice Paul lobbied Congress to include gender in civil rights bills and was successful in including sex discrimination in Title VII of the Civil Rights Act of 1964. (10) Alice Paul sought equal rights for women all over the world, not just Americans and, as a means of pursuing this goal, founded the World Party for Equal Rights for Women in the 1930's. (11) Alice Paul was instrumental in the placement of a passage on gender equality in the preamble of the United Nations Charter. (12) Few people have played a greater role in shaping the history of the United States than Alice Paul. (13) Alice Paul is an example to all Americans of what one person can do to make a difference for millions of people. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Alice Paul, in recognition of her role in the women's suffrage movement and in advancing equal rights for women. (b) Presentation and Display.--The medal referred to in subsection (a) shall be presented jointly to representatives of the Alice Paul Institute and the Sewall-Belmont House, to be shared equally and displayed as appropriate. (c) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the House of Representatives May 15, 2008. Attest: LORRAINE C. MILLER, Clerk.
Alice Paul Women's Suffrage Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the presentation of a congressional gold medal in commemoration of Alice Paul, to recognize her role in the women's suffrage movement and in advancing equal rights for women. Requires that the medal be presented jointly to representatives of the Alice Paul Institute and the Sewall-Belmont House, to be shared equally and displayed as appropriate. Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of such medal. Requires proceeds from the sale of such medals to be deposited into the U.S. Mint Public Enterprise Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Dust Regulation Prevention Act of 2011''. SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL AMBIENT AIR QUALITY STANDARD APPLICABLE TO COARSE PARTICULATE MATTER. Before the date that is one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency may not propose, finalize, implement, or enforce any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under section 109 of the Clean Air Act (42 U.S.C. 7409). SEC. 3. NUISANCE DUST. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND LOCAL GOVERNMENTS. ``(a) In General.--Except as provided in subsection (b), this Act does not apply to, and references in this Act to particulate matter are deemed to exclude, nuisance dust. ``(b) Exception.--Subsection (a) does not apply with respect to any geographic area in which nuisance dust is not regulated under State, tribal, or local law insofar as the Administrator, in consultation with the Secretary of Agriculture, finds that-- ``(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and ``(2) the benefits of applying standards and other requirements of this Act to nuisance dust (or such subcategory of nuisance dust) outweigh the costs (including local and regional economic and employment impacts) of applying such standards and other requirements to nuisance dust (or such subcategory). ``(c) Definition.--In this section-- ``(1) the term `nuisance dust' means particulate matter that-- ``(A) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; ``(B) consists primarily of soil, other natural or biological materials, or some combination thereof; ``(C) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; and ``(D) is not comprised of residuals from the combustion of coal; and ``(2) the term `nuisance dust' does not include radioactive particulate matter produced from uranium mining or processing.''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that the Administrator of the Environmental Protection Agency should implement an approach to excluding so-called ``exceptional events'', or events that are not reasonably controllable or preventable, from determinations of whether an area is in compliance with any national ambient air quality standard (NAAQS) applicable to coarse particulate matter that-- (1) maximizes transparency and predictability for States, tribes, and local governments; and (2) minimizes the regulatory and cost burdens States, tribes, and local governments bear in excluding such events. SEC. 5. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY IN THE AGRICULTURE COMMUNITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity in the Agriculture Community.-- (1) Analysis.--Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on-- (A) employment levels in the agriculture industry; and (B) agricultural economic activity, including estimated job losses and decreased economic activity related to agriculture. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31 of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any covered action, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; (B) request the Secretary of Agriculture to post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Department of Agriculture; and (C) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection.--A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in any State, the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered action.--The term ``covered action'' means any of the following actions taken by the Administrator under the Clean Air Act (42 U.S.C. 7401 et seq.) relating to agriculture and the national primary ambient air quality standard or the national secondary ambient air quality standard for particulate matter: (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact.--The term ``more than a de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs related to the agriculture industry. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in agricultural economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. Passed the House of Representatives December 8, 2011. Attest: Clerk.
Farm Dust Regulation Prevention Act of 2011 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from  proposing, finalizing, implementing, or enforcing any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under the Clean Air Act (CAA) for one year. Exempts nuisance dust from the CAA and excludes nuisance dust from references in such Act to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law if the Administrator, in consultation with the Secretary of Agriculture, finds that: (1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and (2) the benefits of applying CAA standards and other requirements to such dust outweigh the costs. Defines "nuisance dust" as particulate matter that: (1) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; (2) consists primarily of soil, other natural or biological materials, windblown dust, or some combination thereof; (3) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; (4) is not comprised of residuals from the combustion of coal; and (5) does not include radioactive particulate matter produced from uranium mining or processing. Expresses the sense of Congress that the Administrator should implement an approach to excluding exceptional events, or events that are not reasonably controllable or preventable, from determinations of whether an area is in compliance with any national ambient air quality standard (NAAQS) applicable to coarse particulate matter that maximizes transparency and predictability for states, tribes, and local governments and minimizes their regulatory and cost burdens. Requires the Administrator, before taking a covered action, to analyze its impact, disaggregated by state, on employment levels in the agriculture industry and on agricultural economic activity, utilizing the best available economic models. Defines a "covered action" as an action by the Administrator under the Clean Air Act, relating to agriculture and the primary and secondary NAAQS for particulate matter, to: (1) issue a regulation, policy statement, guidance, response to a petition, or other requirement; or (2) implement a new or substantially altered program. Requires the Administrator to: (1) post such analysis on the main page of EPA's website; (2) request the Secretary of Agriculture to post it on the main page of the Department of Agriculture's website; and (3) request the governor of any state experiencing more than a de minimis negative impact to post such analysis in the state's capitol. Requires the Administrator to: (1) hold a public hearing in each state in which a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity, at least 30 days prior to the effective date of the action; and (2) give notice of such impact to the state's congressional delegation, governor, and legislature at least 45 days before the effective date of the action. Defines "de minimis negative impact" as: (1) a loss of more than 100 jobs related to the agriculture industry, or (2) a decrease in agricultural economic activity of more than $1 million over any calendar year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-K for USA Act''. SEC. 2. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION. Subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at the end the following: ``SEC. 5415. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION. ``(a) In General.--From the amounts appropriated under subsection (f), the Secretary jointly with the Secretary of Health and Human Services and on such terms as such Secretaries set forth in an interagency agreement, shall make competitive grants to qualified entities for activities that build the capacity to develop, enhance, or expand high-quality preschool programs, including comprehensive services and family engagement, for preschool-aged children. ``(b) Applications.--Each qualified entity that desires to receive a grant under this section shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. ``(c) Technical Assistance, Evaluation, and Other National Activities.--The Secretaries may use up to 3 percent of the funds appropriated under subsection (f) for technical assistance, evaluation, and other national activities related to awarding grants under this section. ``(d) Report.-- ``(1) Initial report.--Not later than 30 days prior to the announcement of a competition under this section, the Secretaries shall submit a report outlining the proposed competition and priorities to the Congress on the activities carried out under this section. ``(2) Annual reports.--The Secretaries shall submit a report to Congress on the activities carried out under this section, including, at a minimum, information on the following: ``(A) The progress of each qualified entity in moving toward fulfilling criteria outlined in the entity's application. ``(B) The extent to which the qualified entities used grants under this section to expand a high-quality preschool program. ``(C) The costs and barriers to such expansion, including building and renovating preschool facilities so that such facilities are high-quality and age and developmentally appropriate. ``(e) Definitions.--In this section: ``(1) High-quality preschool program.--The term `high- quality preschool program' means an early learning program that includes structural elements that are evidence-based and nationally recognized (such as Head Start program performance standards or research published by the National Institute for Early Education) as important for ensuring program quality, including at a minimum: ``(A) High staff qualifications, including a teacher with a bachelor degree in early childhood education or a bachelor degree in any field with a State-approved alternate pathway, which may include coursework, clinical practice, and evidence of knowledge of content and pedagogy relating to early childhood, and teaching assistants with appropriate credentials. ``(B) High-quality professional development for all staff. ``(C) A staff-child ratio of no more than 1:10. ``(D) A class size of no more than 20. ``(E) A full-day program. ``(F) Full inclusion of children with disabilities. ``(G) Developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State early learning and development standards, for at least the year prior to kindergarten entry. ``(H) Individualized accommodations and supports so that all children can access and participate fully in learning activities. ``(I) Instructional staff salaries comparable to kindergarten through grade 12 teaching staff. ``(J) Program evaluation to ensure continuous improvement. ``(K) Onsite or accessible comprehensive services for children. ``(L) Evidence-based health and safety standards. ``(2) Qualified entity.--The term `qualified entity' means a local educational agency or a local government entity. ``(3) Secretaries.--The term `Secretaries' means the Secretary of Education and the Secretary of Health and Human Services. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2015 through 2024.''. SEC. 3. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 5414 the following: ``Sec. 5415. Grants for improving early childhood care and education.''.
Pre-K for USA Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education and the Secretary of Health and Human Services (HHS), acting jointly in accordance with an interagency agreement, to award competitive grants to local educational agencies or local governmental entities to develop, enhance, or expand high-quality preschool programs. Requires each of those programs to include structural elements that are evidence-based and nationally recognized as important for ensuring program quality, including, at a minimum: high staff qualifications, including having a teacher with a bachelor's degree in early childhood education or in any field with a state-approved alternate pathway to teaching preschool children and having teaching assistants with appropriate credentials; high-quality professional development for all staff; at least 1 staff member for every 10 children; a class size that does not exceed 20 children; a full-day program; the full inclusion of disabled children; developmentally appropriate curricula and learning environments, that are aligned with state early learning and development standards, for at least the year preceding kindergarten; individualized accommodations and supports so that all children can participate fully in learning activities; instructional staff salaries that are comparable to the salaries of kindergarten through grade 12 teaching staff; program evaluation to ensure continuous improvement; onsite or accessible comprehensive services for children; and health and safety standards.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Officer Dale Claxton of the Cortez, Colorado, Police Department was shot and killed by bullets that passed through the windshield of his police ear after he stopped a stolen truck, and his life may have been saved if his police car had been equipped with bullet resistant equipment; (2) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had access to additional bullet resistant equipment; (3) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (4) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing bullet resistant equipment, such as an armor vest, is 14 times higher than for officers wearing an armor vest; (5) according to studies, between 1985 and 1994, bullet- resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; (6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with bullet resistant equipment and video cameras. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For Bullet Resistant Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase bullet resistant equipment for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of bullet resistant equipment for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for bullet resistant equipment based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of bullet resistant equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `equipment' means windshield glass, car panels, shields, and protective gear; ``(2) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(3) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; (4) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and ``(5) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. ``Subpart C--Grant Program For Video Cameras ``SEC. 2521. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase video cameras for use by State, local, and tribal law enforcement agencies in law enforcement vehicles. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of video cameras for law enforcement vehicles in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for video cameras, based on the percentage of law enforcement officers in the department do not have access to a law enforcement vehicle equipped with a video camera; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2522. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of video cameras, but did not, or does not expect to use such funds for such purpose. ``SEC. 2523. DEFINITIONS. ``In this subpart-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A of that part; ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B of that part; and ``(C) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart C of that part.''. SEC. 4. SENSE OF THE CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) Bullet Resistant Technology Development.-- ``(1) In general.--The Institute is authorized to-- ``(A) conduct research and otherwise work to develop new bullet resistant technologies (i.e., acrylic, polymers, aluminized material, and transparent ceramics) for use in police equipment (including windshield glass, car panels, shields, and protective gear); ``(B) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; ``(C) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. ``(2) Priority.--In carrying out this subsection, the Institute shall give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $3,000,000 for fiscal years 2000 through 2002.''.
Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002. (Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products. (Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. Authorizes appropriations for FY 2000 through 2002.
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SECTION 1. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified brownfields cleanup bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified brownfields cleanup bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified brownfields cleanup bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified Brownfields Cleanup Bond.--For purposes of this section-- ``(1) In general.--The term `qualified brownfields cleanup bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for the abatement or control of hazardous substances at a qualified contaminated site, ``(B) the bond is issued by a State or local government within the jurisdiction of which such site is located, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under paragraph (1) by any issuer shall not exceed the limitation amount allocated under paragraph (3) for such calendar year to such issuer. ``(3) National limitation on amount of bonds designated.-- There is a national qualified brownfields cleanup bond limitation for each calendar year. Such limitation is-- ``(A) $100,000,000 for 2002, and ``(B) $150,000,000 for 2003. ``(4) Allocation of limitation among states.--The limitation applicable under paragraph (3) for any calendar year shall be allocated among the States by the Secretary of the Treasury. ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (4) to any State, exceeds ``(B) the amount of bonds issued during such year which are designated under paragraph (1) pursuant to such allocation, the limitation amount under paragraph (4) for such State for the following calendar year shall be increased by the amount of such excess. ``(6) Bond to be paid back from any tax revenue increase.-- A bond shall not be treated as a qualified brownfields cleanup bond unless any increase in real property tax revenues (attributable to increases in assessed value) by reason of the carrying out of the purposes described in paragraph (1)(A) is reserved exclusively for debt service on the issue referred to in paragraph (1) (and similar issues) to the extent such increase does not exceed such debt service. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Qualified contaminated site.--The term `qualified contaminated site' means a brownfield site designated by the Administrator of the Environmental Protection Agency. ``(5) Hazardous substance.--The term `hazardous substance' has the meaning provided by section 198(d). ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified brownfields cleanup bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified brownfields cleanup bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified brownfields cleanup bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified brownfields cleanup bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--Issuers of qualified brownfields cleanup bonds shall submit reports similar to the reports required under section 149(e).'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified brownfields cleanup bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of qualified public brownfields cleanup bonds.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001.
Amends the Internal Revenue Code to allow a limited credit to holders of qualified brownfields cleanup bonds. Sets a national limit on the amount of such bonds and provides for allocation among the States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015'' or the ``PRIMED Act''. SEC. 2. DIVIDENDS RECEIVED DEDUCTION FOR REPATRIATED FOREIGN EARNINGS. (a) Period for Repatriation.--Paragraph (1) of section 965(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Only cash dividends received during the period beginning after the date of the enactment of the Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015, and ending on December 31, 2016, shall be taken into account under subsection (a).''. (b) Extension.--Subsection (f) of section 965 of such Code is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to any taxable year that includes the period described in subsection (a)(1). Such election may be made only for one taxable year that includes such period and only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (c) Conforming Amendments.-- (1) Threshold period.--Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2014''. (2) Indebtedness determination date.--Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``May 1, 2015''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. DEBT REDUCTION. (a) In General.--In the case of any taxes which-- (1) are received in the Treasury during a fiscal year for which there is not Federal budget deficit, and (2) are attributable to eligible 965 dividends received by corporations which are United States shareholders, an amount equal to \1/3\ of such taxes, reduced by \1/3\ of the amount of the foreign tax credit allowed under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends, shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). (b) Definitions.--For purposes of subsection (a), the terms ``eligible 965 dividend'' and ``non-deductible portion'' shall have the respective meanings given such terms in section 9503(b)(7) of the Internal Revenue Code of 1986. SEC. 4. HIGHWAY TRUST FUND. Section 9503(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Other transfers to highway trust fund.-- ``(A) In general.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to the excess of-- ``(i) \1/3\ of the taxes received in the Treasury which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over ``(ii) \1/3\ of the amount of the foreign tax credit allowed under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends. ``(B) Definitions.--For purposes of this subsection-- ``(i) Eligible 965 dividend.--The term `eligible 965 dividend' means any amount received from a controlled foreign corporation for which a deduction is allowed under section 965, as determined based on estimates made by the Secretary. ``(ii) Non-deductible portion.--The term `non-deductible portion' means the excess of the amount of any eligible 965 dividend over the deductible portion (as defined in section 965(d)(3)) of such amount.''. SEC. 5. ADJUSTMENT TO DEFENSE DISCRETIONARY SPENDING LIMITATIONS. (a) In General.--On the date that is 30 days after the date of enactment of this Act, and on February 1 of each of calendar years 2016 through 2020, the revised security category in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2016 and the fiscal year beginning on September 1st of such applicable calendar year, respectively, shall be adjusted by the amount described in subsection (b). (b) Adjustment Amount.--The adjustment provided in subsection (a) is equal to-- (1) \1/3\ of the taxes received in the Treasury during the most recently ended calendar year which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over (2) \1/3\ of the amount of the foreign tax credit allowed during the most recently ended calendar year under section 901 which is attributable to the non-deductible portion of such eligible 965 dividends. (b) Definitions.--For purposes of subsection (b), the terms ``eligible 965 dividend'' and ``non-deductible portion'' shall have the respective meanings given such terms in section 9503(b)(7) of the Internal Revenue Code of 1986.
Prioritizing Reinvestment in Infrastructure and Military while Eliminating Debt Act of 2015 or the PRIMED Act This bill amends the Internal Revenue Code to allow corporate taxpayers to elect a tax deduction for cash dividends received from a controlled foreign corporation during the period beginning after the bill's enactment date and ending on December 31, 2016. The dividends received are subject to an effective tax rate of 5.25% when repatriated in the United States. The bill divides tax revenues attributable to such repatriated earnings equally for: (1) federal debt reduction, (2) transfers to the Highway Trust Fund, and (3) adjustments to limitations on defense discretionary spending.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Assistance and Taxpayer Protection Act''. TITLE I--ASSISTING HOMEOWNERS SEC. 101. RESTRUCTURING LOANS OWNED BY THE GOVERNMENT. (a) Mortgages Acquired by the Secretary.--Section 109(a) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. (b) Mortgages Held by Federal Property Managers.--Section 110(b)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. (c) Obligations Secured by Mortgages Held by Federal Property Managers.--Section 110(c)(1) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking ``encourage'' and inserting ``require''. SEC. 102. REQUIRING LENDERS TO PARTICIPATE IN HOPE FOR HOMEOWNERS PROGRAM WHEN HOMEOWNERS ELECT TO PARTICIPATE. Section 257(b)(1) of the National Housing Act (12 U.S.C. 1715z- 23(b)(1)) is amended by striking ``and existing loan holders'' and inserting ``, but required on the part of existing loan holders when homeowners apply,''. SEC. 103. HELPING FAMILIES SAVE THEIR HOMES IN BANKRUPTCY. (a) Special Rules for Modification of Loans Secured by Residences.-- (1) In general.--Section 1322(b) of title 11, United States Code, is amended-- (A) in paragraph (10), by striking ``and'' at the end; (B) by redesignating paragraph (11) as paragraph (12); and (C) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law-- ``(A) modify an allowed secured claim secured by the debtor's principal residence, as described in subparagraph (B), if, after deduction from the debtor's current monthly income of the expenses permitted for debtors described in section 1325(b)(3) of this title (other than amounts contractually due to creditors holding such allowed secured claims and additional payments necessary to maintain possession of that residence), the debtor has insufficient remaining income to retain possession of the residence by curing a default and maintaining payments while the case is pending, as provided under paragraph (5); and ``(B) provide for payment of such claim-- ``(i) in an amount equal to the amount of the allowed secured claim; ``(ii) for a period that is not longer than 40 years; and ``(iii) at a rate of interest accruing after such date calculated at a fixed annual percentage rate, in an amount equal to the most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and''. (2) Conforming amendment.--Section 1325(a)(5) of title 11, United States Code, is amended by inserting before ``with respect'' the following: ``except as otherwise provided in section 1322(b)(11) of this title,''. (b) Waiver of Counseling Requirement When Homes Are in Foreclosure.--Section 109(h) of title 11, United States Code, is amended by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply with respect to a debtor who files with the court a certification that a foreclosure sale of the debtor's principal residence has been scheduled.''. (c) Combating Excessive Fees.--Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(3) the plan need not provide for the payment of, and the debtor, the debtor's property, and property of the estate shall not be liable for, any fee, cost, or charge, notwithstanding section 506(b), that arises in connection with a claim secured by the debtor's principal residence if the event that gives rise to such fee, cost, or charge occurs while the case is pending but before the discharge order, except to the extent that-- ``(A) notice of such fees, costs, or charges is filed with the court, and served on the debtor and the trustee, before the expiration of the earlier of-- ``(i) 1 year after the event that gives rise to such fee, cost, or charge occurs; or ``(ii) 60 days before the closing of the case; and ``(B) such fees, costs, or charges are lawful, reasonable, and provided for in the agreement under which such claim or security interest arose; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) of this title or, if the violation occurs before the date of discharge, of section 362(a) of this title; and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the principal residence of the debtor.''. (d) Prohibiting Claims Arising From Violations of Consumer Protection Laws.--Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(10) such claim includes a request for damages or rescission based on a failure to comply with the Truth in Lending Act (15 U.S.C. 1601 et seq.), or any other provision of applicable State or Federal consumer protection law in force when the failure to comply occurred, notwithstanding a prior entry of a foreclosure judgment.''. (e) Application of Amendments.--The amendments made to title 11, United States Code, by this section shall apply with respect to cases commenced under that title 11 on or after the date of enactment of this Act, or pending on the date of enactment of this Act. TITLE II--PROTECTING TAXPAYERS SEC. 201. BARRING DIVIDEND INCREASES. Section 113(d) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by adding at the end the following: ``(4) Dividends.--If the Secretary purchases troubled assets under the authority of this Act, the financial institutions from which such assets are purchased may not pay dividends in a cumulative amount that is higher in the current or a future fiscal year than the cumulative dividends paid in the fiscal year immediately preceding the sale of the troubled assets until such time as the troubled assets are no longer owned by the Secretary.''. SEC. 202. REDUCING DIVIDENDS TO PAY FOR EXCESSIVE EXECUTIVE COMPENSATION. Section 111(b)(2) of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) a reduction in dividends paid by the institution in its next fiscal year equal to the executive compensation paid to senior executive officers in excess of $500,000 per officer in the current fiscal year.''.
Homeowner Assistance and Taxpayer Protection Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA), with respect to mortgages acquired by the Secretary of the Treasury, to direct the Secretary to use authority to require (currently, encourage) the servicers of the underlying mortgages to take advantage of the HOPE for Homeowners Program under the National Housing Act or other available programs to minimize foreclosures. Requires federal property managers holding, owning, or controlling mortgages, mortgage backed securities, and other assets secured by residential real estate to do likewise. Directs a federal property manager to require (currently, encourage) loan servicers to implement specified loan modifications in any case in which the property manager does not own a residential mortgage loan, but holds an interest in obligations or pools of obligations secured by residential mortgage loans. Requires lenders to participate in HOPE for Homeowners Program when homeowners elect to participate. Amends Chapter 13 (Adjustment of Debts of an Individual with Regular Income) of the federal bankruptcy code to allow a debtor's plan to modify an allowed secured claim secured by the debtor's principal residence (mortgage), if, after deduction of permitted expenses, the debtor has insufficient remaining current monthly income to retain possession of the residence by curing a default and maintaining payments while the case is pending. Waives the credit counseling requirement for a debtor whose home is in foreclosure. Waives the liaibility of the debtor and the debtor's estate for certain fees arising in connection with a claim secured by the debtor's principal residence. Amends EESA to prohibit financial institutions from which troubled assets are purchased by the Secretary from paying increased dividends until such time as the troubled assets are no longer owned by the Secretary. Requires that dividends be reduced to pay for excessive executive compensation in the case of any such financial institution.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to improve the quality and value of healthcare by increasing the safety and accuracy of medical imaging examinations and radiation therapy treatments, thereby reducing duplication of services and decreasing costs. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) Establishment of Standards.-- ``(1) In general.--The Secretary, in consultation with recognized experts in the technical provision of medical imaging and radiation therapy services, shall establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Such standards shall pertain to the personnel who perform, plan, evaluate, or verify patient dose for medical imaging studies and radiation therapy procedures and not to the equipment used. ``(2) Experts.--The Secretary shall select expert advisers under paragraph (1) to reflect a broad and balanced input from all sectors of the health care community that are involved in the provision of such services to avoid undue influence from any single sector of practice on the content of such standards. ``(3) Limitation.--The Secretary shall not take any action under this subsection that would require licensure by a State of those who provide the technical services referred to in this subsection. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.-- ``(1) In general.--Under the standards established under subsection (a), the Secretary shall ensure that individuals, prior to performing or planning medical imaging and radiation therapy services, demonstrate compliance with the standards established under subsection (a) through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, verified pertinent experience, or through other ways determined appropriate by the Secretary, or through some combination thereof. ``(2) Miscellaneous provisions.--The standards established under subsection (a)-- ``(A) may vary from discipline to discipline, reflecting the unique and specialized nature of the technical services provided, and shall represent expert consensus as to what constitutes excellence in practice and be appropriate to the particular scope of care involved; ``(B) may vary in form for each of the covered disciplines; and ``(C) may exempt individual providers from meeting certain standards based on their scope of practice. ``(3) Recognition of individuals with extensive practical experience.--For purposes of this section, the Secretary shall, through regulation, provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty, or of an individual who is regularly eligible to take the licensure or certification examination for that discipline. ``(d) Approved Bodies.-- ``(1) In general.--Not later than the date described in subsection (j)(2), the Secretary shall begin to certify qualified entities as approved bodies with respect to the accreditation of the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a), if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for certification or for undertaking examinations, and standards to minimize the possibility of conflicts of interest), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) be a nonprofit organization; ``(B) comply with the standards described in paragraph (2); ``(C) notify the Secretary in a timely manner if the body fails to comply with the standards described in paragraph (2); and ``(D) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--The withdrawal of the certification of an approved body under subparagraph (A) shall have no effect on the certification status of any individual or person that was certified by that approved body prior to the date of such withdrawal. ``(e) Existing State Standards.--Standards established by a State for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations shall be deemed to be in compliance with the standards of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. The Secretary shall establish a process by which a State may respond to or appeal a determination made by the Secretary under the preceding sentence. ``(f) Rule of Construction.--Nothing in this section shall be construed to prohibit a State or other approved body from requiring compliance with a higher standard of education and training than that specified by this section. Notwithstanding any other provision of this section, individuals who provide medical imaging services relating to mammograms shall continue to meet the standards applicable under the Mammography Quality Standards Act of 1992. ``(g) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(h) Delivery of and Payment for Services.--Not later than the date described in subsection (j)(3), the Secretary shall promulgate regulations to ensure that all programs under the authority of the Secretary that involve the performance of or payment for medical imaging or radiation therapy, are performed in accordance with the standards established under this section. ``(i) Alternative Standards for Rural and Underserved Areas.-- ``(1) In general.--The Secretary shall determine whether the standards established under subsection (a) must be met in their entirety for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area' or that is designated as a health professional shortage area. If the Secretary determines that alternative standards for such rural areas or health professional shortage areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. ``(2) State discretion.--The chief executive officer of a State may submit to the Secretary a statement declaring that an alternative standard developed under paragraph (1) is inappropriate for application to such State, and such alternative standard shall not apply in such submitting State. The chief executive officer of a State may rescind a statement described in this paragraph following the provision of appropriate notice to the Secretary. ``(j) Applicable Timelines.-- ``(1) General implementation regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement all standards in this section except those provided for in subsection (d)(2). ``(2) Minimum standards for certification of approved bodies.--Not later than 24 months after the date of enactment of this section, the Secretary shall establish the standards regarding approved bodies referred to in subsection (d)(2) and begin certifying approved bodies under such subsection. ``(3) Regulations for delivery of or payment for services.--Not later than 36 months after the date of enactment of this section, the Secretary shall promulgate the regulations described in subsection (h). The Secretary may withhold the provision of Federal assistance as provided for in subsection (h) beginning on the date that is 48 months after the date of enactment of this section. ``(k) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means an entity that has been certified by the Secretary under subsection (d)(1) to accredit the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a) with respect to performing, planning, evaluating, or verifying patient dose for medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of diagnosing illness or following the progression of disease. Images may be produced utilizing ionizing radiation, radiopharmaceuticals, magnetic resonance, or ultrasound and image production may include the use of contrast media or computer processing. For purposes of this section, such term does not include routine dental diagnostic procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan', with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy' means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation. ``(l) Sunset.--This section shall have no force or effect after September 30, 2017.''. SEC. 4. REPORT ON THE EFFECTS OF THIS ACT. (a) Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the effects of this Act. Such report shall include the types and numbers of providers for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report.
Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Imposes such standards on personnel who perform, plan, or evaluate, or verify patient doses for, medical imaging studies and radiation therapy procedures and not on the equipment used. Exempts physicians, nurse practitioners, and physician assistants. Directs the Secretary to ensure that individuals demonstrate compliance with such standards. Requires the Secretary to provide a method for the recognition of individuals whose training and experience are determined to equal or exceed that of: (1) a graduate of an accredited educational program in that specialty; or (2) an individual who is regularly eligible to take the licensure or certification examination for that discipline. Directs the Secretary to certify qualified nonprofit organizations as approved bodies to provide accreditation to individuals that demonstrate compliance with such standards. Requires individuals who provide medical imaging services relating to mammograms to continue to meet standards under the Mammography Quality Standards Act of 1992. Deems state standards for licensure or certification of personnel, accreditation of educational programs, or administration of examinations to be in compliance with the standards under this Act unless the Secretary determines otherwise. Requires the Secretary to establish a process by which a state may appeal such a determination. Requires the Secretary to ensure that all programs under the authority of the Secretary meet such standards. Authorizes the Secretary to develop alternative standards for rural areas or health professional shortage areas as appropriate to assure access to quality medical imaging.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The academic intensity of a student's secondary school curriculum counts more than any other precollegiate factor in providing momentum toward eventual completion of a college degree. (2) By failing to provide challenging course work, some secondary schools do not present adequate opportunities for all students to learn. Some groups of students are excluded from such opportunities more than others. For example, students from the lowest socioeconomic status are much more likely than their wealthier peers to attend secondary schools that do not offer any mathematics beyond Algebra 2. (3) To close gaps in the preparation for college, and in the eventual attainment of a college degree, the provision of challenging curriculum for all students is necessary. (4) Colleges and community colleges have recently begun to provide challenging courses to secondary school students, and distance learning provides additional options if students have access to distance learning technology. (5) The cost of enrolling in a college-level course is a barrier to learning opportunities for those students most in need of such opportunities. Providing grants to capable students from low-income families will provide these students with increased access to the challenging coursework that leads to success in college or the workplace. SEC. 3. EDUCATION OPPORTUNITY GRANTS FOR ELIGIBLE LOW-INCOME SECONDARY SCHOOL STUDENTS. (a) Education Opportunity Grants for Eligible Low-Income Secondary School Students.--Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Education Opportunity Grants for Eligible Low-Income Secondary School Students ``SEC. 420L. EDUCATION OPPORTUNITY GRANTS. ``(a) Education Opportunity Grants Authorized.--The Secretary is authorized to award grants to eligible low-income secondary school students to enable the students to pay the cost of taking eligible courses while enrolled in secondary school. ``(b) Definitions.--In this section: ``(1) Eligible course.--The term `eligible course' means a course-- ``(A) that is offered by an institution of higher education eligible to participate in a program under this title; ``(B) for which the institution of higher education awards postsecondary academic credit that is transferrable; ``(C) that is held at the institution of higher education, held at a secondary school, or offered in whole or in part through telecommunications; and ``(D) that is not remedial in nature. ``(2) Eligible low-income secondary school student.--The term `eligible low-income secondary school student' means a student who-- ``(A) is enrolled in a secondary school; ``(B) has a family income that is less than 185 percent of 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; and ``(C) is a junior or senior in secondary school and is making satisfactory progress toward on-time graduation from secondary school. ``(c) Amount.-- ``(1) In general.--The Secretary shall award a grant under this section to an eligible low-income secondary school student in an amount equal to the cost of tuition for each eligible course the student takes while the student is enrolled in secondary school, except that the total amount of grant assistance awarded under this section to an eligible low-income secondary school student for any academic year shall not exceed $4,050. ``(2) Cost of tuition.--The cost of tuition for an eligible course shall be the lesser of-- ``(A) the cost of tuition and any necessary fees or supplies that the institution of higher education charges students of the secondary school that the eligible low-income secondary school student attends for the eligible course; or ``(B) $1,200. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect any policy or agreement, under which an institution of higher education offers discounted tuition, fees, or supply costs to secondary school students, that was in existence on the day before that date of enactment of the Education Opportunity Act. ``(e) Supplement Not Supplant.--Grant funds provided under this section shall supplement, not supplant, other non-Federal funds that are available to assist an eligible low-income secondary school student pay for an eligible course while the student is enrolled in secondary school. ``(f) Interaction With Federal Pell Grants.--An eligible low-income secondary school student's receipt of an award under this section shall not in any way affect the student's future eligibility for a Federal Pell Grant under section 401 or the amount of such Federal Pell Grant. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2007 and each of the 4 succeeding fiscal years.''. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) any funds appropriated to carry out the grant program under section 420L of the Higher Education Act of 1965 (as added by subsection (a)) should be in addition to the funds appropriated for Federal Pell Grants under section 401 of such Act; and (2) the funding of the grant program under section 420L of such Act should not in any way affect the amount that is appropriated for Federal Pell Grants.
Education Opportunity Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to low-income secondary school juniors and seniors for the cost of taking nonremedial courses offered by institutions of higher education which award such students transferable postsecondary credits for such courses. States the sense of the Senate that funding for this program should not affect funding for the Pell Grant program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``401(Kids) Education Savings Account Act of 2014''. SEC. 2. ELIMINATION OF INCOME-BASED REDUCTION IN PERMITTED CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS ACCOUNTS. Paragraph (1) of section 530(c) of the Internal Revenue Code of 1986 is amended by striking ``to an account under this section'' and inserting ``to an account under this section in a taxable year beginning before January 1, 2015,''. SEC. 3. INCREASE IN ANNUAL CONTRIBUTION LIMITATION FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 2503(b) (relating to exclusion from gifts) for the taxable year''. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2014. SEC. 4. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS ACCOUNT. (a) In General.--Paragraph (3) of section 530(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Private school.--For purposes of this section, the term `private school' includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 5. QUALIFIED DISTRIBUTIONS FROM A COVERDELL EDUCATION SAVINGS ACCOUNT FOR FIRST HOME PURCHASES. (a) In General.--Paragraph (1) of section 530(b) of the Internal Revenue Code of 1986 is amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (b) Qualified Expenses.--Subsection (b) of section 530 of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (1) the following new paragraphs: ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) qualified first-time homebuyer expenses, and ``(B) qualified education expenses. ``(3) Qualified first-time homebuyer expenses.-- ``(A) In general.--The term `qualified first-time homebuyer expenses' means, in the case of a designated beneficiary who is a first-time homebuyer, the qualified acquisition costs with respect to a principal residence of such beneficiary. ``(B) Definitions.--The terms `first-time homebuyer', `qualified acquisition costs', and `principal residence' have the same meaning as when used in section 72(t)(8).''. (c) Conforming Amendments.-- (1) Paragraph (4)(A)(ii) of section 530(b) of the Internal Revenue Code of 1986, as redesignated by subsection (b), is amended by striking ``as defined in paragraph (3)'' and inserting ``as defined in paragraph (5)''. (2) Subparagraphs (A), (B), and (D) of section 530(d)(1) of such Code are each amended by striking ``qualified education expenses'' each place it appears and inserting ``qualified expenses''. (3) The heading of paragraph (2) of section 530(d) of such Code is amended by striking ``education expenses'' and inserting ``expenses''. (4) The heading of paragraph (4) of section 530(d) of such Code is amended by striking ``educational expenses'' and inserting ``expenses''. (5) Subclause (I) of section 529(c)(3)(B)(vi) of such Code is amended by striking ``to which clauses (i) and (ii) and section 530(d)(2)(A) apply'' and inserting ``for qualified higher education expenses to which clauses (i) and (ii) apply and for qualified education expenses to which section 530(d)(2)(A) applies''. (6) Clause (vi) of section 529(c)(3)(B) of such Code is amended by striking ``and section 530(d)(2)(A).'' and inserting ``and the amount of the exclusion with respect to qualified education expenses under section 530(d)(2)(A).''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014. SEC. 6. QUALIFIED ROLLOVER CONTRIBUTIONS FROM COVERDELL EDUCATION SAVINGS ACCOUNTS TO ROTH IRAS. (a) In General.--Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986 is amended by inserting ``, or into a Roth IRA of the beneficiary'' after ``as of such date''. (b) Conforming Amendment; Technical Correction.--Paragraph (1) of section 408A(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The term `qualified rollover contribution' means a rollover contribution to a Roth IRA from another such account, from an eligible retirement plan (as defined in section 402(c)(8)(B)), or from a Coverdell education savings account (as defined in section 530(b)(1)), but only if-- ``(A) such rollover contribution meets the requirements of section 408(d)(3), ``(B) in the case of a rollover contribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), such contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), whichever is applicable, and ``(C) in the case of a rollover contribution from a Coverdell education savings account, such contribution meets the requirements of section 530(d)(5). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.''. (c) Effective Date.--The amendments made by this section shall apply to rollover contributions made in taxable years beginning after December 31, 2014.
401(Kids) Education Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) eliminate after 2014 the income-based reduction of contributions to Coverdell education savings accounts, (2) increase the annual contribution limit for such accounts, (3) allow the use of such an account to pay home school expenses and the acquisition costs of a first-time homebuyer, and (4) allow tax-free rollovers of amounts in a Coverdell education savings account to a Roth individual retirement account (Roth IRA).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Medicaid plays a key role in providing coverage for millions of working families. (2) Medicaid enrollees include families, pregnant women, children, individuals with disabilities, and other low-income individuals. Without Medicaid coverage, many enrollees would be uninsured or lack coverage for services they need. (3) In 2013, the Medicaid program covered 62,000,000 individuals, or 1 in every 5 Americans. This number will continue to grow, particularly since the Affordable Care Act significantly expanded eligibility to millions of uninsured adults. Enrollment in Medicaid and the Children's Health Insurance Program is projected to increase by 12,800,000 by 2016. (4) If all States expand their Medicaid programs, an estimated 7,000,000 women ages 18 to 64 would gain coverage under Medicaid. (5) In 47 States and in the District of Columbia, Medicaid pays up to 67 percent less than Medicare for the same primary care services. (6) Multiple studies have concluded that higher Medicaid payment rates would increase the probability of primary care providers accepting new Medicaid patients, and would further support current Medicaid providers. (7) Congress has recognized that low provider participation in Medicaid decreases access to health care. To address this problem, Congress acted to increase Medicaid payments for certain primary care services to be not less than the Medicare payment rates for 2013 and 2014. (8) As more Americans become insured and empowered participants in their own health care, demand for primary care services is expected to increase over the next few years. (9) Six in 10 women ages 18 to 44 (58 percent) report they see an obstetrics and gynecology (OB/GYN) physician on a regular basis. They are more likely to see their OB/GYN physician on a regular basis than any other type of provider. Given that women comprise the majority of Medicaid enrollees, it is critical that primary care providers, including OB/GYN physicians, receive sufficient reimbursement to participate in Medicaid. (10) Nurse practitioners and other mid-level health professionals deliver many primary care services. Applying Medicare's rates for nurse practitioners and mid-level health professionals encourages greater participation in Medicaid, thereby increasing access to primary care, particularly in underserved areas. (11) The enhanced Medicaid reimbursement rate ensures providers have the financial capability to serve their patients' primary care needs. Furthermore, adding nurse practitioners, physician assistants, certified nurse-midwives, and OB/GYN physicians serving in primary care settings increases access to critical health care services for women and children nationwide. SEC. 3. EXTENSION OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND APPLICATION TO ADDITIONAL PROVIDERS. (a) In General.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in 2015 and 2016-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that-- ``(aa) the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; or ``(bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that-- ``(aa) the physician is Board certified in obstetrics and gynecology; and ``(bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, but only if the nurse practitioner, physician assistant, or certified nurse- midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse- midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse- midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse- midwife, but only if the rural health clinic or Federally-qualified health center self-attests that 60 percent of all services billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII, but only if the nurse practitioner, physician assistant, or certified nurse-midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse-midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse-midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1);''. (b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. (c) Conforming Amendment.--Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (d) Effective Date.--The amendments made by this section take effect on January 1, 2015.
Ensuring Access to Primary Care for Women and Children Act - Amends title XIX (Medicaid) of the Social Security Act to require that the primary care services furnished in 2015 and 2016 by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine be paid at a rate that is not less than 100% of the payment rate that applies to such services and physician under Medicare part B (Supplementary Medical Insurance). Extends this 100% of Medicare payment floor under certain conditions to the following providers, who are self-attested as Board-certified and at least 60% of whose services billed for under Medicaid must be for primary care services: (1) physicians with a primary specialty designation of obstetrics and gynecology; (2) advanced practice clinicians; (3) rural health clinics, federally-qualified health centers, or other specified health clinics; and (4) nurse practitioners, physician assistants, or certified nurse-midwives. Excludes from coverage of primary care services any such services provided in an emergency department of a hospital.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Designer Anabolic Steroid Control Act of 2010''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102(41) of the Controlled Substances Act (21 U.S.C. 802(41)) is amended-- (1) in subparagraph (A)-- (A) in clause (xlix), by striking ``and'' at the end; (B) by redesignating clause (xlx) as clause (lxxx); and (C) by inserting after clause (xlix) the following: ``(l) 5a-Androstan-3,6,17-trione; ``(li) Androst-4-ene-3,6,17-trione; ``(lii) Androsta-1,4,6-triene-3,17-dione; ``(liii) 6-bromo-androstan-3,17-dione; ``(liv) 6-bromo-androsta-1,4-diene-3,17- dione; ``(lv) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lvi) 4-chloro-17a-methyl-androst-4-ene- 3b,17b-diol; ``(lvii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-en-3-one; ``(lviii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-ene-3,11-dione; ``(lix) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lx) 2a,17a-dimethyl-17b-hydroxy-5a- androstan-3-one; ``(lxi) 2a,17a-dimethyl-17b-hydroxy-5b- androstan-3-one; ``(lxii) 2a,3a-epithio-17a-methyl-5a- androstan-17b-ol; ``(lxiii) [3,2-c]-furazan-5a-androstan-17b- ol; ``(lxiv) 3b-hydroxy-androst-1-en-17-one; ``(lxv) 3b-hydroxy-androst-4-en-17-one; ``(lxvi) 3b-hydroxy-estr-4-en-17-one; ``(lxvii) 3b-hydroxy-estra-4,9,11-trien-17- one; ``(lxviii) 17a-methyl-androst-2-ene-3,17b- diol; ``(lxix) 17a-methyl-androsta-1,4-diene- 3,17b-diol; ``(lxx) Estra-4,9,11-triene-3,17-dione; ``(lxxi) 18a-Homo-3-hydroxy-estra-2,5(10)- dien-17-one; ``(lxxii) 6a-Methyl-androst-4-ene-3,17- dione; ``(lxxiii) 17a-Methyl-androstan-3- hydroxyimine-17b-ol; ``(lxxiv) 17a-Methyl-5a-androstan-17b-ol; ``(lxxv) 17b-Hydroxy-androstano[2,3- d]isoxazole; ``(lxxvi) 17b-Hydroxy-androstano[3,2- c]isoxazole ``(lxxvii) 4-Hydroxy-androst-4-ene-3,17- dione[3,2-c]pyrazole-5a-androstan-17b-ol; ``(lxxviii) [3,2-c]pyrazole-androst-4-en- 17b-ol; ``(lxxix) [3,2-c]pyrazole-5a-androstan-17b- ol; and''; and (2) by inserting at the end the following: ``(C) A drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A), and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A), shall, subject to the limitations of section 201(i)(6) (21 U.S.C. 811(i)(6)), be considered to be an anabolic steroid for purposes of this Act if-- ``(i) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- ``(I) promotes muscle growth; or ``(II) otherwise causes a pharmacological effect similar to that of testosterone; or ``(ii) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone.''. (b) Classification Authority.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(i) Temporary and Permanent Scheduling of Recently Emerged Anabolic Steroids.-- ``(1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that-- ``(A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and ``(B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. ``(2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. ``(3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). ``(4) An order issued under paragraph (1) is not subject to judicial review. ``(5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). ``(6) If a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection, the drug or other substance shall be considered an anabolic steroid if in any criminal, civil, or administrative proceeding arising under this Act it has been determined in such proceeding, based on evidence presented in the proceeding, that the substance satisfies the criteria for being considered an anabolic steroid under paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 102.''. (c) Labeling Requirements.--The Controlled Substances Act is amended by inserting after section 305 (21 U.S.C. 825) the following: ``Sec. 305A. Offenses involving false labeling of anabolic steroids ``(a) Unlawful Acts.-- ``(1) It shall be unlawful-- ``(A) to import into the United States or to export from the United States, ``(B) to manufacture, distribute, dispense, sell, or offer to sell; or ``(C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). ``(2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b), (i), or (j)) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required by the Federal Food, Drug, and Cosmetic Act. ``(b) Criminal Penalties.-- ``(1) Any person who violates subsection (a) shall be sentenced to a term of imprisonment of not more than 1 year, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual, or both. ``(2) Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. ``(c) Civil Penalties.-- ``(1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: ``(A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. ``(B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. ``(2) Any person who violates subsection (a) with a product that was, at the time of the violation, included on the list described in subsection (d) shall be subject to twice the civil penalty provided in paragraph (1). ``(3) In this subsection, the term `product' means a discrete article, either in bulk or in finished form prepared for sale. A number of articles, if similarly packaged and bearing identical labels, shall be considered as one product, but each package size, form, or differently labeled article shall be considered a separate product. ``(d) Identification and Publication of List of Products Containing Anabolic Steroids.-- ``(1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. ``(2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid.''. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review and amend the Federal sentencing guidelines with respect to offenses involving anabolic steroids, including the offenses established in section 2 (section 305A of the Controlled Substance Act); (2) amend the Federal sentencing guidelines, including notes to the drug quantity tables, to provide clearly that in a case involving an anabolic steroid not in a tablet, capsule, liquid, or other form where dosage can be readily ascertained (such as a powder, topical cream, gel, or aerosol), the sentence shall be determined based on the entire weight of the mixture or substance; (3) amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained; and (4) take such other action as the Commission considers necessary to carry out this Act and this section. SEC. 4. CONGRESSIONAL OVERSIGHT. The Administrator of the Drug Enforcement Administration shall report to Congress every 2 years-- (1) what anabolic steroids have been scheduled on a temporary basis under the provisions of this Act; and (2) the findings and conclusions that led to such scheduling.
Designer Anabolic Steroid Control Act of 2010 - Amends the Controlled Substances Act to:  (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled. Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids; and (2) the Administrator of the Drug Enforcement Administration (DEA) to report to Congress every two years on what anabolic steroids have been scheduled on a temporary basis under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2015''. SEC. 2. CONVERSION OF THE TEMPORARY OFFICE OF BANKRUPTCY JUDGE TO THE PERMANENT OFFICE OF BANKRUPTCY JUDGE IN CERTAIN JUDICIAL DISTRICTS. (a) District of Delaware.-- (1) The temporary office of 4 bankruptcy judges authorized for the district of Delaware by section 1223(b)(1)(C) of Public Law 109-8 (119 Stat. 196; 28 U.S.C. 152 note), and extended by section 2(a)(1)(C) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(1) of this Act. (2) The temporary office of bankruptcy judge authorized for the district of Delaware by section 3(a)(3) of Public Law 102- 361 (106 Stat. 966; 28 U.S.C. 152 note), and extended by section 1223(c)(1) of Public Law 109-8 (119 Stat. 198; 28 U.S.C. 152 note) and section 2(b)(1) of Public Law 112-121 (126 Stat. 347; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(1) of this Act. (b) Southern District of Florida.--The temporary office of 2 bankruptcy judges authorized for the southern district of Florida by section 1223(b)(1)(D) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(D) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent offices of bankruptcy judges and represented in the amendment made by section 3(3) of this Act. (c) District of Maryland.--The temporary office of the 2 bankruptcy judges first appointed as authorized for the district of Maryland by section 1223(b)(1)(F) of Public Law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(F) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(4) of this Act. (d) Eastern District of Michigan.--The temporary office of bankruptcy judge authorized for the eastern district of Michigan by section 1223(b)(l)(G) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(G) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(5) of this Act. (e) District of Nevada.--The temporary office of bankruptcy judge authorized for the district of Nevada by section 1223(b)(1)(T) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(Q) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(6) of this Act. (f) Eastern District of North Carolina.--The temporary office of bankruptcy judge authorized for the eastern district of North Carolina by section 1223(b)(1)(M) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(J) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(7) of this Act. (g) District of Puerto Rico.-- (1) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(M) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(8) of this Act. (2) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of Public Law 102-361 (106 Stat. 966; 28 U.S.C. 152 note), and extended by section 1223(c)(1) of Public Law 109-8 (119 Stat. 198; 28 U.S.C. 152 note) and section 2(b)(1) of Public Law 112-121 (126 Stat. 347; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(8) of this Act. (h) Western District of Tennessee.--The temporary office of bankruptcy judge authorized for the western district of Tennessee by section 1223(b)(1)(Q) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(O) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(9) of this Act. (i) Eastern District of Virginia.--The temporary office of bankruptcy judge authorized for the eastern district of Virginia by section 1223(b)(1)(R) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(P) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(10) of this Act. SEC. 3. PERMANENT OFFICE OF BANKRUPTCY JUDGE AUTHORIZED. To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of section 2, and to authorize the appointment of additional bankruptcy judges, section 152(a)(2) of title 28 of the United States Code is amended-- (1) in the item relating to the district of Delaware by striking ``1'' and inserting ``8'', (2) in the item relating to the middle district of Florida by striking ``8'' and inserting ``10'', (3) in the item relating to the southern district of Florida by striking ``5'' and inserting ``7'', (4) in the item relating to the district of Maryland by striking ``4'' and inserting ``6'', (5) in the item relating to the eastern district of Michigan by striking ``4'' and inserting ``7'', (6) in the item relating to the district of Nevada by striking ``3'' and inserting ``4'', (7) in the item relating to the eastern district of North Carolina by striking ``2'' and inserting ``3'', (8) in the item relating to the district of Puerto Rico by striking ``2'' and inserting ``4'', (9) in the item relating to the western district of Tennessee by striking ``4'' and inserting ``5'', and (10) in the item relating to the eastern district of Virginia by striking ``5'' and inserting ``6''.
Bankruptcy Judgeship Act of 2015 This bill amends the federal judicial code to: convert certain temporary bankruptcy judges to permanent bankruptcy judges and authorize the appointment of additional bankruptcy judges in Delaware and Michigan; convert temporary bankruptcy judges to permanent bankruptcy judges in specified judicial districts in Florida, Maryland, Nevada, North Carolina, Puerto Rico, Tennessee, and Virginia; and authorize the appointment of additional bankruptcy judges in the middle district of Florida.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Solid Waste Importation and Management Act of 2006''. SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) State Authority to Address Importation and Management of Municipal Solid Waste.-- ``(1) In general.--Until the date on which all final regulations issued by the Administrator to implement and enforce the Agreement (including notice and consent provisions of the Agreement) become effective, a State may enact a law or laws or issue regulations or orders imposing limitations on the receipt and disposal of foreign municipal solid waste within the State. Laws, regulations, and orders enacted or issued before that date may continue in effect according to their terms after that date. ``(2) Effect on interstate and foreign commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(3) Trade and treaty obligations.--Nothing in this section affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. ``(b) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the notice and consent and other provisions of the Agreement. ``(2) Regulations.--Not later than 24 months after the date of enactment of this section, the Administrator shall issue final regulations with respect to the Administrator's responsibilities under paragraph (1). ``(3) Consent to importation.--In considering whether to consent to the importation under article 3(c) of the Agreement, the Administrator shall-- ``(A) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; ``(B) consider the impact of the importation on-- ``(i) continued public support for and adherence to State and local recycling programs; ``(ii) landfill capacity as provided in comprehensive waste management plans; ``(iii) air emissions from increased vehicular traffic; and ``(iv) road deterioration from increased vehicular traffic; and ``(C) consider the impact of the importation on homeland security, public health, and the environment. ``(4) Actions in violation of the agreement.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. ``(c) Compliance Orders.--(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(d) Public Hearing.--Any order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. ``(e) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order. ``(f) Definitions.--For purposes of this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099) and amended on November 25, 1992; and ``(B) any regulations promulgated and orders issued to implement and enforce that Agreement. ``(2) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(3) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. ``(x) Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. International transportation and disposal of municipal solid waste.''. Passed the House of Representatives September 6, 2006. Attest: KAREN L. HAAS, Clerk.
International Solid Waste Importation and Management Act of 2006 - Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste, as defined by this Act, within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement). Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce. Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court. Limits the amount of such civil penalties to $25,000 per day of noncompliance for each violation. Provides for a public hearing to review any noncompliance order issued by the Administrator.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Retirement Equity Act''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. (a) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by striking the period at the end of paragraph (27) and inserting a semicolon; and (3) by adding at the end the following: ``(28) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(29) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(30) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(31) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. (b) Deductions, Contributions, and Deposits.--Section 8334 of title 5, United States Code, is amended-- (1) in subsection (a)(1), by striking ``a law enforcement officer,'' and inserting ``a law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, an Immigration and Naturalization inspector,''; and (2) in the table in subsection (c), by striking ``and firefighter for firefighter service.'' and inserting ``, firefighter for firefighter service, revenue officer for revenue officer service, customs inspector for customs inspector service, customs canine enforcement officer for customs canine enforcement officer service, and Immigration and Naturalization inspector for Immigration and Naturalization inspector service''. (c) Mandatory Separation.--Section 8335(b) of title 5, United States Code, is amended in the second sentence-- (1) by striking ``law enforcement officer or nuclear materials courier'' and inserting ``law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, an Immigration and Naturalization inspector, or nuclear materials courier''; and (2) by inserting ``, inspector,'' after ``that officer''. (d) Immediate Retirement.--Section 8336(c)(1) of such title is amended by striking ``law enforcement officer,'' and inserting ``law enforcement officer, a revenue officer, a customs inspector, a customs canine enforcement officer, or an Immigration and Naturalization inspector,''. SEC. 3. FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) Definitions.--Section 8401 of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting a semicolon; and (3) by adding at the end the following: ``(34) `revenue officer' means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(35) `customs inspector' means an employee of the United States Customs Service, the duties of whose position are primarily to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; ``(36) `customs canine enforcement officer' means an employee of the United States Customs Service, the duties of whose position are primarily to work directly with a dog in an effort to-- ``(A) enforce laws and regulations governing the importing and exporting of merchandise; ``(B) process and control passengers and baggage; ``(C) interdict smuggled merchandise and contraband; and ``(D) apprehend (if warranted) persons involved in violations of customs laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and ``(37) `Immigration and Naturalization inspector' means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.''. (b) Immediate Retirement.--Section 8412(d) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking ``firefighter,'' and inserting ``firefighter, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,''; and (2) in paragraph (2) by striking ``firefighter,'' and inserting ``firefighter, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,''. (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, United States Code, is amended in the matter following subparagraph (B) by inserting ``revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' after ``firefighter,''. (d) Deductions.--Section 8422(a)(3) of title 5, United States Code, is amended by inserting ``revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' before ``or air traffic controller,''. (e) Government Contributions.--Section 8423(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(B)(i) by inserting ``revenue officers, customs inspectors, customs canine enforcement officers, Immigration and Naturalization inspectors,'' after ``law enforcement officers,''; and (2) in paragraph (3)(A) by inserting ``revenue officers, customs inspectors, customs canine enforcement officers, Immigration and Naturalization inspectors,'' after ``law enforcement officers,''. (f) Mandatory Separation.--Section 8425(b) of title 5, United States Code, is amended in the second sentence-- (1) by inserting ``, revenue officer, customs inspector, customs canine enforcement officer, Immigration and Naturalization inspector,'' after ``A law enforcement officer''; and (2) by striking ``that law enforcement officer'' and inserting ``that officer, inspector,''. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Employee Contributions.--Any individual who has served as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector before the effective date of this Act, shall have such service credited and annuities determined in accordance with the amendments made by sections 1 and 2 of this Act, if such individual makes payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual (including interest thereon) under chapters 83 and 84 of title 5, United States Code, as if such amendments had been in effect during the periods of such service. (b) Agency Contributions.--No later than 90 days after a payment made by an individual under subsection (a), the Department of the Treasury or the Department of Justice (as the case may be) shall make a payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been contributed as a Government contribution (including interest thereon) under chapters 83 and 84 of title 5, United States Code, for the service credited and annuities determined for such individual, as if the amendments made by sections 1 and 2 of this Act had been in effect during the applicable periods of service. (c) Regulations.--The Office of Personnel Management shall determine the amount of interest to be paid under this section and may promulgate regulations to carry out the provisions of this Act. SEC. 5. EFFECTIVE DATE. The provisions of this Act and amendments made by this Act shall take effect on the date occurring 90 days after the date of enactment of this Act.
Law Enforcement Officers Retirement Equity Act - Amends Federal civil service law to include as Federal law enforcement officers eligible under Civil Service Retirement System and Federal Employees' Retirement System provisions for early retirement (at age 50 after 20 years of Federal service) revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Disaster Loans Act of 2007''. SEC. 2. PRIVATE DISASTER LOANS. (a) In General.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Private Disaster Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `disaster area' means a county, parish, or similar unit of general local government in which a disaster was declared under subsection (b); ``(B) the term `eligible small business concern' means a business concern that is-- ``(i) a small business concern, as defined in this Act; or ``(ii) a small business concern, as defined in section 103 of the Small Business Investment Act of 1958; and ``(C) the term `qualified private lender' means any privately-owned bank or other lending institution that the Administrator determines meets the criteria established under paragraph (9). ``(2) Authorization.--The Administrator may guarantee timely payment of principal and interest, as scheduled on any loan issued by a qualified private lender to an eligible small business concern located in a disaster area. ``(3) Use of loans.--A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b). ``(4) Online applications.-- ``(A) Establishment.--The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection. ``(B) Other federal assistance.--The Administrator may coordinate with the head of any other appropriate Federal agency so that any application submitted through an online application process established under this paragraph may be considered for any other Federal assistance program for disaster relief. ``(C) Consultation.--In establishing an online application process under this paragraph, the Administrator shall consult with appropriate persons from the public and private sectors, including private lenders. ``(5) Maximum amounts.-- ``(A) Guarantee percentage.--The Administrator may guarantee not more than 85 percent of a loan under this subsection. ``(B) Loan amounts.--The maximum amount of a loan guaranteed under this subsection shall be $2,000,000. ``(6) Loan term.--The longest term of a loan for a loan guaranteed under this subsection shall be-- ``(A) 15 years for any loan that is issued without collateral; and ``(B) 25 years for any loan that is issued with collateral. ``(7) Fees.-- ``(A) In general.--The Administrator may not collect a guarantee fee under this subsection. ``(B) Origination fee.--The Administrator may pay a qualified private lender an origination fee for a loan guaranteed under this subsection in an amount agreed upon in advance between the qualified private lender and the Administrator. ``(8) Documentation.--A qualified private lender may use its own loan documentation for a loan guaranteed by the Administrator, to the extent authorized by the Administrator. The ability of a lender to use its own loan documentation for a loan offered under this subsection shall not be considered part of the criteria for becoming a qualified private lender under the regulations promulgated under paragraph (9). ``(9) Implementation regulations.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Private Disaster Loans Act of 2007, the Administrator shall issue final regulations establishing permanent criteria for qualified private lenders. ``(B) Report to congress.--Not later than 6 months after the date of enactment of the Private Disaster Loans Act of 2007, the Administrator shall submit a report on the progress of the regulations required by subparagraph (A) to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. ``(10) Authorization of appropriations.-- ``(A) In general.--Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration under subsection (b). ``(B) Authority to reduce interest rates.--Funds appropriated to the Administration to carry out this subsection, may be used by the Administrator, to the extent available, to reduce the applicable rate of interest for a loan guaranteed under this subsection by not more than 3 percentage points.''. (b) Effective Date.--The amendments made by this section shall apply to disasters declared under section 7(b)(2) of the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or after the date of enactment of this Act. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 4(c)-- (A) in paragraph (1), by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (B) in paragraph (2)-- (i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (ii) by striking ``7(e),''; and (2) in section 7(b), in the undesignated matter following paragraph (3)-- (A) by striking ``That the provisions of paragraph (1) of subsection (c)'' and inserting ``That the provisions of paragraph (1) of subsection (d)''; and (B) by striking ``Notwithstanding the provisions of any other law the interest rate on the Administration's share of any loan made under subsection (b) except as provided in subsection (c),'' and inserting ``Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration's share of any loan made under subsection (b)''.
Private Disaster Loans Act of 2007 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee timely payment of principal and interest on any loan issued by a qualified private lender to an eligible small business located in a disaster area. Authorizes the Administrator to establish an online application process for such loans. Authorizes the Administrator to guarantee up to 85 percent of such a loan. Sets the maximum amount of such a loan at $2 million.
{"src": "billsum_train", "title": "A bill to improve the disaster loan program of the Small Business Administration, and for other purposes."}
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SECTION 1. ESTABLISHING A SINGLE STANDARDIZED AMOUNT UNDER MEDICARE INPATIENT HOSPITAL PPS. (a) In General.--Section 1886(d)(3)(A) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(A)) is amended-- (1) in clause (iv), by inserting ``and ending on or before September 30, 2001,'' after ``October 1, 1995,''; and (2) by redesignating clauses (v) and (vi) as clauses (vii) and (viii), respectively, and inserting after clause (iv) the following new clauses: ``(v) For discharges occurring in the fiscal year beginning on October 1, 2001, the average standardized amount for hospitals located in areas other than a large urban area shall be equal to the average standardized amount for hospitals located in a large urban area. ``(vi) For discharges occurring in a fiscal year beginning on or after October 1, 2002, the Secretary shall compute an average standardized amount for hospitals located in all areas within the United States equal to the average standardized amount computed under clause (v) or this clause for the previous fiscal year increased by the applicable percentage increase under subsection (b)(3)(B)(i) for the fiscal year involved.''. (b) Conforming Amendments.-- (1) Update factor.--Section 1886(b)(3)(B)(i)(XVII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XVII)) is amended by striking ``for hospitals in all areas,'' and inserting ``for hospitals located in a large urban area,''. (2) Computing drg-specific rates.-- (A) In general.--Section 1886(d)(3)(D) of such Act (42 U.S.C. 1395ww(d)(3)(D)) is amended-- (i) in the heading by striking ``in different areas''; (ii) in the matter preceding clause (i)-- (I) by inserting ``for fiscal years before fiscal year 1997'' before ``a regional DRG prospective payment rate for each region,''; and (II) by striking ``each of which is''; (iii) in clause (i)-- (I) by inserting ``for fiscal years before fiscal year 2002,'' after ``(i)''; and (II) by striking ``and'' at the end; (iv) in clause (ii)-- (I) by inserting ``for fiscal years before fiscal year 2002,'' after ``(ii)''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following new clause: ``(iii) for a fiscal year beginning after fiscal year 2001, for hospitals located in all areas, to the product of-- ``(I) the applicable average standardized amount (computed under subparagraph (A)), reduced under subparagraph (B), and adjusted or reduced under subparagraph (C) for the fiscal year; and ``(II) the weighting factor (determined under paragraph (4)(B)) for that diagnosis- related group.''. (B) Technical conforming sunset.--Section 1886(d)(3) of such Act (42 U.S.C. 1395ww(d)(3)) is amended in the matter preceding subparagraph (A) by inserting ``for fiscal years before fiscal year 1997'' before ``a regional DRG prospective payment rate''. SEC. 2. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER MEDICARE PPS FOR INPATIENT AND OUTPATIENT HOSPITAL SERVICES. (a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended-- (1) by inserting ``(i) In general.--'' before ``The Secretary'', and adjusting the margin two ems to the right; (2) by striking ``The Secretary'' and inserting ``Subject to clause (ii), the Secretary''; and (3) by adding at the end the following: ``(ii) Floor on area wage adjustment factor.-- Notwithstanding clause (i), in determining payments under this subsection for discharges occurring on or after October 1, 2001, the Secretary shall substitute a factor of .925 for any factor that would otherwise apply under such clause that is less than .925. Nothing in this clause shall be construed as authorizing-- ``(I) the application of the last sentence of clause (i) to any substitution made pursuant to this clause, or ``(II) the application of the preceding sentence of this clause to adjustments for area wage levels made under other payment systems established under this title (other than the payment system under section 1833(t)) to which the factors established under clause (i) apply.''. (b) Outpatient PPS.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended by adding at the end the following: ``For purposes of subparagraph (D) for items and services furnished on or after October 1, 2001, if the factors established under clause (i) of section 1886(d)(3)(E) are used to adjust for relative differences in labor and labor-related costs under the payment system established under this subsection, the provisions of clause (ii) of such section (relating to a floor on area wage adjustment factor) shall apply to such factors, as used in this subsection, in the same manner and to the same extent (including waiving the applicability of the requirement for such floor to be applied in a budget neutral manner) as they apply to factors under section 1886.''.
Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) mandate a single national average standardized payment amount for inpatient hospital services furnished, regardless of whether in an urban or non-urban area, under the Medicare prospective payment system (PPS) for discharges occurring in FY 2002 and thereafter; and (2) establish a minimum factor of .925 as a floor for area wage adjustment factors used under the PPS for inpatient and outpatient hospital services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 1996''. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails Established.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: ``(5) National discovery trails, established under section 5, which will be extended, continuous interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back-country regions of the Nation. The appropriate Secretary shall administer national discovery trails in cooperation with a nonprofit organization.''. (b) Designation of the American Discovery Trail as a National Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the paragraph relating to the California National Historic Trail as paragraph 18; (2) by redesignating the paragraph relating to the Pony Express National Historic Trail as paragraph 19; and (3) by adding at the end the following: ``(20) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling through Delaware, Maryland, Washington, DC, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into 2 routes. The Northern Midwest route winds through Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route explores Indiana, Illinois, Missouri, Kansas, and Colorado. After rejoining in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, Washington, DC. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with a nonprofit organization and other affected land managing agencies. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the United States solely for the American Discovery Trail. This trail is exempted from sections 5(d), 7(e), 7(f), and 7(g).''. (c) Comprehensive National Scenic Trail Plan.--Section 5(e) of such Act (16 U.S.C. 1244(e)) is amended by striking the first sentence through ``as part of the system,'' and inserting ``Within two complete fiscal years of the date of enactment of legislation designating a national scenic trail, except for the Continental Divide National Scenic Trail and the North Country National Scenic Trail, or a national discovery trail, except for the American Discovery Trail, as part of the system,''. (d) Comprehensive Plan for American Discovery Trail.--Section 5 of such Act (16 U.S.C. 1244) is amended by adding at the end the following: ``(g) The Secretary of the Interior shall enter into arrangements with a nonprofit organization to submit (within 3 complete fiscal years after the date of the enactment of this subsection) a comprehensive plan for the protection, management, development, and use of the American Discovery Trail, to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The Secretary shall ensure that the comprehensive plan does not conflict with any existing agency direction and that the nonprofit organization consults with affected Federal land-managing agencies, the Governors of the affected States, county and local political jurisdictions, and local organizations maintaining components of the trail. Mandatory components of the comprehensive plan include-- ``(1) specific objectives and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity of the trail and a plan for its implementation; ``(2) a trail protection plan to preserve the values for which the trail is being established and recognized by the Federal Government; ``(3) general and site-specific development plans, including anticipated costs; and ``(4) the process to be followed by the nonprofit organization in partnership with the Secretary of the Interior to mark the trail under section 7(c) of this Act.''. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (3) in section 5(a) (16 U.S.C. 1244(a))-- (A) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (B) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery'' ; (4) in section 5(b) (16 U.S.C. 1244(b)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (6) in section 5(d) (16 U.S.C. 1244(d)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (7) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (8) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (9) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; and (B) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (10) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (11) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (12) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking ``or Historic'' and inserting ``, Historic, or Discovery''; (13) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (14) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''.
National Discovery Trails Act of 1996 - Amends the National Trails System Act (the Act) to provide that national discovery trails established under the Act shall be components of the National Trails System. Provides that such trails shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Designates the 6,000-mile American Discovery Trail (established by this Act) as a national discovery trail. Provides that the Trail shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Exempts the Trail from comprehensive national scenic trail plan requirements under the Act, but requires the Secretary of the Interior to enter into arrangements with a nonprofit organization to submit to specified congressional committees, within three fiscal years after this Act's enactment, a comprehensive plan for the protection, management, development, and use of the Trail.
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SECTION 1. COMBINATION FINANCING. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(31) Combination financing.-- ``(A) Definitions.--As used in this paragraph-- ``(i) the term `combination financing' means financing comprised of a loan guaranteed under this subsection and a commercial loan; and ``(ii) the term `commercial loan' means a loan which is part of a combination financing and no portion of which is guaranteed by the Federal Government. ``(B) Applicability.--This paragraph applies to a loan guarantee obtained by a small business concern under this subsection, if the small business concern also obtains a commercial loan. ``(C) Commercial loan amount.--In the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. ``(D) Commercial loan provisions.--The commercial loan obtained by the small business concern-- ``(i) may be made by the participating lender that is providing financing under this subsection or by a different lender; ``(ii) may be secured by a senior lien; and ``(iii) may be made by a lender in the Preferred Lenders Program, if applicable. ``(E) Commercial loan fee.--A one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid by the lender to the Administration if the commercial loan has a senior credit position to that of the loan guaranteed under this subsection. Any fee under the preceding sentence shall be paid by the participating lender and shall not be charged to the borrower. ``(F) Deferred participation loan security.--A loan guaranteed under this paragraph may be secured by a subordinated lien. ``(G) Completion of application processing.--The Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. ``(H) Business loan eligibility.--Any standards prescribed by the Administrator relating to the eligibility of small business concerns to obtain combination financing under this subsection, which are in effect on September 1, 2004, shall apply with respect to combination financings made under this paragraph. Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications.''. SEC. 2. LOAN GUARANTEE FEES. (a) In General.--Section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)) is amended to read as follows: ``(A) Percentage.--With respect to each loan guaranteed under this subsection, the Administrator shall, in accordance with such terms and procedures as the Administrator shall establish by regulation, assess and collect an annual fee in an amount equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan. (b) Guarantee Fees.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended to read as follows: ``(18) Guarantee fees.--With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows: ``(A) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000. ``(B) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. ``(C) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000. ``(D) In addition to the fee under subparagraph (C), a guarantee fee equal to 0.25 percent of the amount, if any, by which the deferred participation share of the loan exceeds $1,000,000.''. SEC. 3. EXPRESS LOAN PROVISIONS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by section 1, is further amended by adding at the end the following: ``(32) Express loan provisions.-- ``(A) Definitions.--As used in this paragraph: ``(i) The term `express lender' means any lender authorized by the Administrator to participate in the Express Loan Program. ``(ii) The term `express loan' means any loan made pursuant to this paragraph in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. ``(iii) The term `Express Loan Program' means the program for express loans established by the Administrator under paragraph (25)(B), as in existence on April 5, 2004, with a guaranty rate of not more than 50 percent. ``(B) Restriction to express lender.--The authority to make an express loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administrator for that lender pursuant to this subsection. ``(C) Grandfathering of existing lenders.--Any express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. ``(D) Maximum loan amount.--The maximum loan amount under the Express Loan Program is $2,000,000. ``(E) Option to participate.--Except as otherwise provided in this paragraph, the Administrator shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to paragraph (24), that has the effect of-- ``(i) requiring a lender to make an express loan pursuant to subparagraph (D); ``(ii) limiting or modifying any term or condition of deferred participation loans made under this subsection (other than express loans) unless the Administrator imposes the same limit or modification on express loans; ``(iii) transferring or re-allocating staff, staff responsibilities, resources, or funding, if the result of such transfer or re- allocation would be to increase the average loan processing, approval, or disbursement time above the averages for those functions as of October 1, 2003, for loan guarantees approved under this subsection by employees of the Administration or through the Preferred Lenders Program; or ``(iv) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Program instead of under the general loan authority of this subsection. ``(F) Collection and reporting of data.--For all loans in excess of $250,000 made pursuant to the authority set forth in subparagraph (D), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the number of such loans and their purposes.''. SEC. 4. STANDARDS FOR LOANS MADE WITH DEFERRED PARTICIPATION. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by sections 1 and 3, is further amended by adding at the end the following: ``(33) Standards for loans made with deferred participation.--Deferred participation loans made on or after October 1, 2004, under this subsection shall have the same terms and conditions (including maximum gross loan amounts and collateral requirements) as were applicable to loans made under this subsection on October 1, 2003, except as otherwise provided in paragraph (18)(D), paragraph (31), or paragraph (32) and subject to the $1,500,000 limitation on the total amount outstanding and committed in paragraph (3)(A), as in effect on October 1, 2004. This paragraph shall not preclude the Administrator from taking such action as necessary to maintain the loan program carried out under this subsection, subject to appropriations.''. SEC. 5. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED FEE. Section 7(a)(3) of the Small Business Act (15 U.S.C. 636(a)(3)) is amended-- (1) in subparagraph (A), by striking ``$1,000,000'' and inserting ``$1,500,000''; and (2) in subparagraph (B), by striking ``$1,250,000, of which not more than $750,000'' and inserting ``$1,750,000, of which not more than $1,250,000''. SEC. 6. EFFECTIVE DATES. The amendments made by this Act shall be effective beginning on the date of enactment of this Act and ending on September 30, 2005.
Amends the Small Business Act to permanently authorize small business loan provisions concerning: (1) combination financing; (2) loan guarantee fees; (3) express loan requirements; (4) deferred participation loan standards; and (5) increased Small Business Administration (SBA) guaranteed loan limits.
{"src": "billsum_train", "title": "A bill to reauthorize programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) through September 30, 2005."}
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nevada Native Nations Land Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES Sec. 201. Conveyance of land to be held in trust for certain Indian tribes. Sec. 202. Administration. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE SEC. 101. DEFINITIONS. In this title: (1) City.--The term ``city'' means the city of Elko, Nevada. (2) County.--The term ``county'' means the county of Elko, Nevada. (3) Map.--The term ``map'' means the map entitled ``Elko Motocross Park'' and dated January 9, 2010. SEC. 102. CONVEYANCE OF LAND TO COUNTY. (a) In General.--As soon as practicable after the date of enactment of this Act, subject to valid existing rights and such terms and conditions as the Secretary determines to be necessary and after agreement from the county, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land.--The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as ``Elko Motocross Park''. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors.--The Secretary may correct any minor error in-- (A) the map; or (B) the legal description. (3) Availability.--The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land.--The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (e) Administrative Costs.--The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion.--If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES SEC. 201. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN TRIBES. (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band).-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Te-moak Tribal Land Expansion'', dated September 30, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land.--The land referred to in paragraph (2) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Lands to be Held in Trust''. (b) Conveyance of Land to Be Held in Trust for the Fort McDermitt Paiute and Shoshone Tribe.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Fort McDermitt Indian Reservation Expansion Act'', dated February 21, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. (c) Conveyance of Land to Be Held in Trust for the Shoshone Paiute Tribes.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Mountain City Administrative Site Proposed Acquisition'', dated July 29, 2013, and on file and available for public inspection in the appropriate offices of the Forest Service. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land.--The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as ``Proposed Acquisition Site''. (d) Transfer of Land to Be Held in Trust for the Summit Lake Paiute Tribe.-- (1) Definition of map.--In this section, the term ``map'' means the map entitled ``Summit Lake Indian Reservation Conveyance'', dated February 28, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Conveyance Lands''. (e) Transfer of Land to Be Held in Trust for the Reno-Sparks Indian Colony Land.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Reno-Sparks Indian Colony Expansion'', dated June 11, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno- Sparks Indian Colony. (3) Description of land.--The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``RSIC Amended Boundary''. (f) Transfer of Land to Be Held in Trust for the Pyramid Lake Paiute Tribe.-- (1) Map.--In this subsection, the term ``map'' means the map entitled ``Pyramid Lake Indian Reservation Expansion'', dated July 26, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)-- (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 11,719 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. SEC. 202. ADMINISTRATION. (a) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 201. (b) Use of Trust Land.-- (1) Gaming.--Land taken into trust under section 201 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Thinning; landscape restoration.--With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. Passed the House of Representatives December 1, 2014. Attest: KAREN L. HAAS, Clerk.
Nevada Native Nations Land Act - Title I: Elko Motocross Land Conveyance - (Sec. 102) Directs the Department of the Interior to convey to Elko County, Nevada, without consideration, approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, for use as a motocross, bicycle, off-highway vehicle, or stock car racing area or for other public purpose consistent with the Recreation and Public Purposes Act. Reverts the conveyed land to the United States if it ceases being used for a public purpose. Title II: Conveyance of Land To Indian Tribes - (Sec. 201) Declares that the United States holds approximately 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Declares further that the United States holds approximately 19,094 acres of BLM-administered land in trust for the Fort McDermitt Paiute and Shoshone Tribe. Makes such land part of that Tribe's reservation. Declares that the United States also holds in trust the following lands: for the Shoshone Paiute Tribes, approximately 82 acres of land administered by the Forest Service depicted as the "Proposed Acquisition Site" on a Mountain City Administrative Site Proposed Acquisition map; for the Summit Lake Paiute Tribe, approximately 941 acres of BLM-administered land depicted as "Reservation Conveyance Lands" on a Summit Lake Indian Reservation Conveyance map; for the Reno-Sparks Indian Colony, approximately 13,434 acres of BLM-administered land depicted as "RSIC Amended Boundary" on a Reno-Sparks Indian Colony Expansion map; and for the Pyramid Lake Paiute Tribe, approximately 11,719 acres of BLM-administered land depicted as "Reservation Expansion Lands " on a Pyramid Lake Indian Reservation Expansion map. (Sec. 202) Prohibits certain gaming on the lands taken into trust under this Act. Authorizes the Secretary of the Interior, with respect to such lands, to carry out any fuel reduction and other landscape restoration activities on the land, including restoration of sage grouse habitat, beneficial to the Indian tribe and the BLM.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Professionals Substance Abuse Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Illegal drugs and alcohol are responsible for thousands of deaths each year, and they fuel the spread of a number of communicable diseases, including AIDS and Hepatitis C, as well as some of the worst social problems in the United States, including child abuse, domestic violence, and sexual assault. (2) There are an estimated 19,500,000 current drug users in America, nearly 4,000,000 of whom are addicts. An estimated 14,800,000 Americans abuse alcohol or are alcoholic. (3) There are nearly 27,000,000 children of alcoholics in America, almost 11,000,000 of whom are under 18 years of age. Countless other children are affected by substance abusing parents or other caretakers. Health professionals are uniquely positioned to help reduce or prevent alcohol and other drug- related impairment by identifying affected families and youth and by providing early intervention. (4) Drug addiction is a chronic relapsing disease. As with other chronic relapsing diseases (such as diabetes, hypertension, and asthma), there is no cure, although a number of treatments can effectively control the disease. According to an article published in the Journal of the American Medical Association, treatment for addiction works as well as treatment for other chronic relapsing diseases. (5) Drug treatment is cost effective, even when compared with residential treatment, the most expensive type of treatment. Residential treatment for cocaine addiction costs between $15,000 and $20,000 a year, a substantial savings compared to incarceration (costing nearly $40,000 a year), or untreated addiction (costing more than $43,000 a year). Also, in 1998, substance abuse and addiction accounted for approximately $10,000,000,000 in Federal, State, and local government spending simply to maintain the child welfare system. The economic costs associated with fetal alcohol syndrome were estimated at $54,000,000,000 in 2003. (6) Many doctors and other health professionals are unprepared to recognize substance abuse in their patients or their families and intervene in an appropriate manner. Only 56 percent of residency programs have a required curriculum in preventing or treating substance abuse. (7) Fewer than 1 in 5 doctors (only 19 percent) feel confident about diagnosing alcoholism, and only 17 percent feel qualified to identify illegal drug use. (8) Most doctors who are in a position to make a diagnosis of alcoholism or drug addiction do not believe that treatment works (less than 4 percent for alcoholism and only 2 percent for drugs). (9) According to a survey by the National Center on Addiction and Substance Abuse at Columbia University (referred to in this section as ``CASA''), 94 percent of primary care physicians and 40 percent of pediatricians presented with a classic description of an alcoholic or drug addict, respectively, failed to properly recognize the problem. (10) Another CASA report revealed that fewer than 1 percent of doctors presented with the classic profile of an alcoholic older woman could diagnose it properly. Eighty-two percent misdiagnosed it as depression, some treatments for which are dangerous when taken with alcohol. (11) Training can greatly increase the degree to which medical and other health professionals screen patients for substance abuse. It can also increase the manner by which such professionals screen children and youth who may be impacted by the addiction of a parent or other primary caretaker. Boston University Medical School researchers designed and conducted a seminar on detection and brief intervention of substance abuse for doctors, nurses, physician's assistants, social workers and psychologists. Follow-up studies reveal that 91 percent of those who participated in the seminar report that they are still using the techniques up to 5 years later. (12) The total economic costs of untreated addiction is estimated to be $274,800,000,000. Arming health care professionals with the information they need in order to intervene and prevent further substance abuse could lead to a significant cost savings. (13) A study conducted by doctors at the University of Wisconsin found a $947 net savings per patient in health care, accident, and criminal justice costs for each individual screened and, if appropriate, for whom intervention was made, with respect to alcohol problems. (b) Purpose.--It is the purpose of this Act to-- (1) improve the ability of health care professionals to identify and assist their patients in obtaining appropriate treatment for substance abuse; (2) improve the ability of health care professionals to identify and refer children and youth affected by substance abuse in their families for effective treatment; and (3) help establish an infrastructure to train health care professionals about substance abuse issues and the impact on families. SEC. 3. HEALTH PROFESSIONALS SUBSTANCE ABUSE EDUCATION. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 544. SUBSTANCE ABUSE EDUCATION FOR GENERALIST HEALTH PROFESSIONALS. ``(a) Secretary of Health and Human Services.--The Secretary shall carry out activities to train health professionals (who are generalists and not already specialists in substance abuse) so that they are competent to-- ``(1) recognize substance abuse in their patients or the family members of their patients; ``(2) intervene, treat, or refer for treatment those individuals who are affected by substance abuse; ``(3) identify and assist children of substance abusing parents; ``(4) serve as advocates and resources for community-based substance abuse prevention programs; and ``(5) appropriately address the non-therapeutic use of prescription medications. ``(b) Use of Funds.--Amounts received under this section shall be used-- ``(1) to continue grant support through cooperative agreements to the Association for Medical Education and Research in Substance Abuse (AMERSA) Interdisciplinary Faculty Development Project; ``(2) to continue grants to the Association for Medical Education and Research in Substance Abuse (AMERSA) Interdisciplinary Faculty Development Project; and ``(3) to support the Addiction Technology Transfer Centers counselor training programs to train substance abuse counselors and other health professionals such as dental assistants, allied health professionals including dietitians and nutritionists, occupational therapists, physical therapists, respiratory therapists, speech-language pathologists and audiologists, and therapeutic recreation specialists. ``(c) Collaboration.--The Secretary shall participate in interdisciplinary collaboration and collaborate with other nongovernmental organizations with respect to activities carried out under this section. ``(d) Academic Credits.--The Secretary shall encourage community colleges and other academic institutions determined appropriate by the Secretary to recognize classes offered by the Addiction Technology Transfer Centers for purposes of academic credit. ``(e) Evaluations.--The Secretary shall conduct a process and outcome evaluation of the programs and activities carried out with funds received under this section, and shall provide annual reports to the Secretary and the Director of the Office of National Drug Control Policy. ``(f) Definitions.--In this section-- ``(1) the term `health professional' means an allopathic or osteopathic physician, advanced practice nurse, physician assistant, social worker, psychologist, pharmacist, dental health professional, psychiatrist, allied health professional, drug and alcohol counselor, or other individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification; and ``(2) the terms `allopathic or osteopathic physician', `nurse', `physician assistant', `advanced practice nurse', `social worker', `psychologist', `pharmacist', `dental health professional', and `allied health professional' shall have the meanings given such terms for purposes of titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $9,000,000 for each of fiscal years 2006 through 2010. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this section for activities of the types described in this section. ``SEC. 545. SUBSTANCE ABUSE INTERDISCIPLINARY EXPERT EDUCATOR. ``(a) Establishment.--The Secretary shall establish and administer a substance abuse faculty fellowship program through grants and contacts under which the Secretary shall provide assistance to eligible institutions to enable such institutions to employ interdisciplinary faculty who will serve as advanced level expert educators (referred to in this section as `expert educators'). ``(b) Eligibility.-- ``(1) Institutions.--To be eligible to receive assistance under this section, an institution shall-- ``(A) be an accredited medical school or undergraduate or graduate nursing school, or be an institution of higher education that offers one or more of the following-- ``(i) an accredited physician assistant program; ``(ii) an accredited dental health professional program; ``(iii) a graduate program in pharmacy; ``(iv) a graduate program in public health; ``(v) a graduate program in social work; ``(vi) a graduate program in psychology; ``(vii) a graduate program in marriage and family therapy; or ``(viii) a graduate program in counseling; and ``(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Qualifications for expert educators.--To be eligible to receive an advanced level expert educator faculty appointment from an eligible institution under this section, an individual shall prepare and submit to the institution an application at such time, in such manner, and containing such information as the institution may require. Expert educators should have advanced level training in education about substance use disorders and expertise in such areas as culturally competent and gender specific prevention and treatment strategies for vulnerable populations (such as adults and adolescents with dual diagnosis, older individuals, children in families affected by substance abuse, and individuals and families involved in the criminal justice system) and will serve as resources and advisors for health professional training institutions. ``(c) Use of Funds.-- ``(1) In general.--An eligible institution shall utilize assistance received under this section to provide one or more fellowships to eligible individuals. Such assistance shall be used to pay a sum of not to exceed 50 percent of the annual salary of the individual under such a fellowship for a 5-year period. ``(2) Fellowships.--Under a fellowship under paragraph (1), an individual shall-- ``(A) devote a substantial number of teaching hours to substance abuse issues (as part of both required and elective courses) at the institution involved during the period of the fellowship; ``(B) incorporate substance abuse issues, including the impact on children and families, into the required curriculum of the institution in a manner that is likely to be sustained after the period of the fellowship ends (courses described in this subparagraph should be provided as part of several different health care training programs at the institution involved); and ``(C) educate health professionals about issues related to the nontherapeutic use of prescription medications. ``(3) Evaluations.--The Secretary shall conduct a process and outcome evaluation of the programs and activities carried out with amounts appropriated under this section and shall provide annual reports to the Director of the Office of National Drug Control Policy and the appropriate committees of Congress. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $6,000,000 for each of the fiscal years 2006 through 2010. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this section for activities of the types described in this section. ``SEC. 546. CENTER OF EXCELLENCE. ``(a) In General.--The Secretary shall establish centers of excellence at medical centers or universities throughout the United States to-- ``(1) initiate, promote, and implement training, research, and clinical activities related to targeted issues or special areas of focus such as brief intervention in general health settings, children and families affected by substance abuse, older individuals, maternal and child health issues, individuals with dual diagnosis, prevention in the general health setting, and clinical practice standards for primary care providers; and ``(2) provide opportunities for interdisciplinary collaboration in curriculum development, course development, clinical practice, research and translation of research into practice, and policy analysis and formulation. ``(b) Use of Funds.--Centers of excellence established under subsection (a) shall use funds provided under this section to-- ``(1) disseminate information on evidence-based approaches concerning the prevention and treatment of substance use disorders; and ``(2) assist health professionals and alcohol and drug treatment counselors to incorporate the latest research into their treatment practices. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $6,000,000 for each of the fiscal years 2006 through 2010.''.
Health Professionals Substance Abuse Education Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide support and continue grants to specified organizations to train health professionals to: (1) recognize substance abuse in their patients or patients' family members; (2) intervene, treat, or refer for treatment those individuals who are affected by substance abuse; (3) identify and assist children of substance abusing parents; (4) serve as advocates and resources for community-based substance abuse prevention programs; and (5) address the non-therapeutic use of prescription medications. Directs the Secretary to: (1) encourage community colleges and other academic institutes to offer academic credit for classes offered by the Addiction Technology Transfer Centers; (2) conduct a process and outcome evaluation of the programs and activities carried out under this Act; and (3) establish and administer a substance abuse faculty fellowship program. Requires the Secretary to establish centers of excellence at U.S. medical centers or universities to: (1) initiate, promote, and implement training, research, and clinical activities related to targeted issues or special areas of focus; and (2) provide opportunities for interdisciplinary collaboration in curriculum development, course development, clinical practice, research and translation of research into practice, and policy analysis and formulation.
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SECTION 1. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT CORPORATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following new section: ``SEC. 45E. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN NONPROFIT CORPORATIONS. ``(a) Radio Broadcasting Station Donation Credit.--For purposes of section 38, the radio broadcasting station donation credit is an amount equal to the sum of-- ``(1) 125 percent of the fair market value of a radio broadcasting commercial license which is donated to a qualified recipient, ``(2) 100 percent of the fair market value of any radio broadcasting station assets, including equipment and other real property owned by the station, which are donated to the same qualified recipient, and ``(3) the total amount deposited into an operations escrow fund established by the donor of the license and assets during the taxable year. ``(b) Qualified Recipient.--For purposes of this section, a qualified recipient is an entity which-- ``(1) is a corporation described in section 501(c)(3) which is exempt from taxation under section 501(a), ``(2) agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area, ``(3) has at least 3 arts organizations from its service area on its board of trustees, or on a board of trustees of a subsidiary established to oversee operation of the radio broadcasting station, ``(4) agrees that, in the event that it ceases operation of the radio broadcasting station-- ``(A) it will not sell the station to a for-profit broadcaster under any circumstances, and ``(B) it will either-- ``(i) transfer the license to another corporation described in section 501(c)(3) which is exempt from taxation under section 501(a) and which agrees to continue operation of the station for the support of nonprofit fine arts and performing arts organizations in its service area, or ``(ii) surrender the license to the Federal Communications Commission. ``(c) Operations Escrow Fund.-- ``(1) In general.--For purposes of this section, an operations escrow fund is a fund established by a taxpayer who has donated a radio broadcasting commercial license or radio broadcasting station assets to a qualified recipient for the purpose of covering operating expenses during the recipient's first year of operation of the radio broadcasting station if the station's revenues are not adequate to cover such expenses. An operations escrow fund may be established only if the qualified recipient is not able to meet the financial responsibility requirement of the Federal Communications Commission. ``(2) Recapture of credit for amounts remaining in escrow fund.--In any case in which there is an amount remaining in an operations escrow fund after the first year of operation of the radio broadcasting station for which the fund was established, such amount (not including any interest that accrued on the amount in the fund) shall be added to the tax imposed by this chapter on the taxpayer for the taxpayer's taxable year which includes the end of such first year of operation. ``(d) Special Rules in Case of Surrender of License to FCC.--If a qualified recipient surrenders its donated radio broadcasting license to the Federal Communications Commission, the Commission shall notify the donor of the license that the donor may, within 6 months after such notification, post a bond equal to the amount of the tax credit under subsection (a) that it received for donating the station, plus interest. After such a bond is posted, the donor may apply for the license. If the Commission approves the donor's application for the license, the bond shall be used in lieu of an auction fee. If the donor does not exercise its option within such six months, or waives its option earlier, the license shall be auctioned in the same manner as a new license. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the radio broadcasting station donation credit determined under section 45E(a).''. (2) No carryback before effective date.--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 new paragraph: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to any credit determined under section 45E may be carried back to a taxable year beginning before January 1, 2000.''. (3) 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. 45E. Credit for donation of license and other assets of commercial radio broadcasting stations to certain nonprofit corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Amends the Internal Revenue Code to allow income tax credits to the owner of a commercial radio station donating the station's license and other assets (a 125 percent credit for the license and a 100 percent credit for the assets) to a tax-exempt organization which agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Nursing Promotion Act''. SEC. 2. ESTABLISHMENT OF A NURSE DISTANCE EDUCATION PILOT PROGRAM. (a) In General.--The Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall establish a Nurse Distance Education Pilot Program through which grants may be awarded for the conduct of activities to increase accessibility to nursing education. (b) Purpose.--The purpose of the Nurse Distance Education Pilot Program established under subsection (a) shall be to increase accessibility to nursing education to-- (1) provide assistance to individuals in rural areas who want to study nursing to enable such individuals to receive appropriate nursing education; (2) promote the study of nursing at all educational levels; (3) establish additional slots for nursing students at existing nursing education programs; and (4) establish new nursing education programs at institutions of higher education. (c) Application.--To be eligible to receive a grant under the Pilot Program under subsection (a), an entity shall submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section. SEC. 3. INCREASING THE DOMESTIC SUPPLY OF NURSES AND PHYSICAL THERAPISTS. (a) Not later than January 1, 2008, the Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall-- (1) submit to Congress a report concerning the source of newly licensed nurses and physical therapists in each State, that shall include-- (A) for the most recent 3-year period for which data is available-- (i) separate data relating to teachers at institutions of higher education for each related occupation who have been teaching for not more than 5 years; and (ii) separate data relating to all teachers at institutions of higher education for each related occupation regardless of length of service; (B) for the most recent 3-year period for which data is available, separate data for each related occupation and for each State; (C) a description of the barriers to increasing the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (D) separately identify those individuals receiving their initial nursing license and those individuals licensed by endorsement from another State; (E) with respect to those individuals receiving their initial nursing license in each year, a description of the number of individuals who received their professional education in the United States and the number of individuals who received such education outside the United States; (F) to the extent practicable, a description, by State of residence and country of education, of the number of nurses and physical therapists who were educated in any of the 5 countries (other than the United States) from which the most nurses and physical therapists arrived; (G) recommendations of strategies to be utilized by Federal and State governments that would be effective in removing the barriers described in subparagraph (C), including strategies that address barriers to advancement to become registered nurses for other health care workers, such as home health aides and nurses assistants; (H) recommendations for amendments to Federal laws that would increase the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (I) recommendations for Federal grants, loans, and other incentives that would provide increases in nurse educators and nurse training facilities, and other measures to increase the domestic education of new nurses and physical therapists; (J) identify the effects of nurse emigration on the health care systems in their countries of origin; and (K) recommendation for amendments to Federal law that would minimize the effects of health care shortages in the countries of origin from which immigrant nurses arrived; (2) enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study, and submission of a report, to determine the level of Federal investment under titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 and 296 et seq.) that is necessary to eliminate the domestic nursing and physical therapist shortage by the date that is not later than 7 years after the date on which the report is submitted; and (3) collaborate with the heads of other Federal agencies, as appropriate, in working with ministers of health or other appropriate officials of the 5 countries from which the most nurses and physical therapists arrived into the United States, to-- (A) address health worker shortages caused by emigration; and (B) ensure that there is sufficient human resource planning or other technical assistance needed to reduce further health worker shortages in such countries. SEC. 4. SHORTAGE OCCUPATIONS. (a) Exception to Direct Numerical Limitations.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new subparagraph: ``(F)(i) During the period beginning on the date of the enactment of the Rural Nursing Promotion Act and ending on September 30, 2017, an alien-- ``(I) who is described in section 203(b); and ``(II) who is seeking admission to the United States to perform labor in shortage occupations designated by the Secretary of Labor for certification under section 212(a)(5)(A) due to the lack of sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers. ``(ii) During the period described in clause (i), the spouse or dependent of an alien described in clause (i), if accompanying or following to join such alien.''. (b) Exception to Nondiscrimination Requirements.--Section 202(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting ``201(b)''. (c) Exception to Per Country Levels for Family-Sponsored and Employment-Based Immigrants.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)), is amended by inserting ``, except for aliens described in section 201(b),'' after ``any fiscal year''. (d) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: ``(l) The Secretary of Homeland Security shall provide a process for reviewing and making a determination upon a petition filed with respect to an alien described in section 201(b)(1)(F) not later than 30 days after the date a completed petition has been filed for such alien.''.
Rural Nursing Promotion Act - Requires the Secretary of Health and Human Services to establish a Nurse Distance Education Pilot Program through which grants may be awarded for activities to increase accessibility to nursing education in order to: (1) provide assistance to individuals in rural areas who want to study nursing to enable such individuals to receive appropriate nursing education; (2) promote the study of nursing at all educational levels; (3) establish additional slots for nursing students at existing nursing education programs; and (4) establish new nursing education programs at institutions of higher education. Directs the Secretary of Health and Human Services to: (1) report to Congress on the source of newly licensed nurses and physical therapists in each state; (2) contract with the National Academy of Sciences Institute of Medicine to determine the necessary level of federal investment under the Public Health Service Act to eliminate the domestic nursing and physical therapist shortage; and (3) collaborate with other agencies in working with the five countries from which the most nurses and physical therapists arrived to address health worker shortages caused by emigration. Amends the Immigration and Nationality Act to exempt aliens seeking U.S. entry to perform labor in shortage occupations from worldwide and per-country numerical limitations through September 30, 2017. Requires the Secretary of Homeland Security to provide for a process to review and make a determination upon a petition filed for immigrant status for such an alien within 30 days.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success Act''. SEC. 2. DATA SYSTEMS AND REQUIREMENTS. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS. ``(a) In General.--A State that receives funds under this part shall, not later than 4 years after the date of the enactment of this section, develop and implement a longitudinal data system, which shall include public charter schools, that meets the requirements of this section. ``(b) Advisory Committee.-- ``(1) In general.--In developing the data system described in subsection (a), each State that receives funds under this section shall form a committee to advise the State on the development and implementation of such system. Such committee shall be established within 6 months of the date of enactment of this section. ``(2) Membership.--Each individual serving on the committee established under paragraph (1) shall be selected by the State and have sufficient experience in and knowledge of the development, implementation, maintenance, and use of such data systems. In establishing the membership of the committee, each State shall ensure that individuals on such committee have the following backgrounds and experience: ``(A) Operating unions that represent teachers. ``(B) Teaching in public elementary and secondary schools. ``(C) Administering programs under this Act. ``(D) Operating or representing businesses. ``(E) Civil rights. ``(F) Academic and research. ``(c) Essential Elements.--The data system required by subsection (a) shall include the following elements: ``(1) A unique statewide student identifier that remains stable and consistent across time. ``(2) Student-level enrollment, demographic, and program participation information, including information on individual students' membership in the groups described under section 1111(b)(2)(C), school, grade, classroom level, enrollment, and attendance. ``(3) The ability to match individual students' scores on academic assessments required under this Act from year to year. ``(4) Information described in paragraph (2) on students that have not participated in the academic assessments required under section 1111(b)(3) and the reasons such students did not participate. ``(5) Student-level data on the entrance and exit of the education system of each student, including first time grade enrollment, grade level retention, verified transfer status, dropout rates, receipt of established diploma or nonstandard diploma, receipt of a GED, incarceration, and death. ``(6) A statewide audit system to ensure the quality, validity, and reliability of data in such system. ``(7) A unique statewide teacher identifier that remains consistent over time and matches all student records described in this subsection to the appropriate teacher. ``(8) Student-level transcript information, including information on courses completed and grades earned. ``(9) Ability to link information from preschool through grade 12, including that of students with disabilities, to data systems in higher education, and to gather information on college enrollment, placement, persistence, and attainment, and ability to link data systems to data from workforce development, unemployment insurance, child welfare, juvenile justice, and military services information systems. ``(d) Other Element.--The data system required by subsection (a) may include student-level data on participation in and performance on college admissions and placement assessments. ``(e) Requirements.--The data system required by subsection (a) shall be developed and implemented to ensure the following: ``(1) The privacy of student records, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). ``(2) Effective data architecture and storage, including standard definitions and formatting, and warehousing, including the ability to link student records over time and across databases and to produce standardized or customized reports for use by local educators and policymakers, that-- ``(A) is based on informational needs at the classroom, school, local educational agency, State, and Federal levels; ``(B) includes, at a minimum, all data elements required for reporting under this Act; ``(C) allows for longitudinal analysis of student achievement growth and program evaluations; and ``(D) supports analyses and research to evaluate the effectiveness of education related programs and initiatives. ``(3) Interoperability among software interfaces utilized to input, access, and analyze the data of such system. ``(4) Interoperability with the other State and local systems developed and implemented pursuant to this section. ``(5) Interoperability with the system linking migratory student records required under part C. ``(6) Electronic portability of data and records. ``(7) Professional development for those that use and operate such system. ``(8) Researcher access to the data in such system, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). ``(9) The data described in subsection (c)(7) shall not be used in a manner that reduces the rights or remedies of employees under any other Federal, State, or local law or under any collective bargaining agreement or memorandum of understanding. ``(f) Preexisting Data Systems.--A State that developed and implemented a longitudinal data system prior to the date of the enactment of this section may use that system for the purpose of this section, if the system otherwise meets the requirements of this section. ``(g) Certification.--Prior to the implementation of the data system required by subsection (a), a State shall submit an independently conducted audit to the Secretary certifying that the data system developed and proposed to be implemented by the State pursuant to this section meets the requirements of this section. ``(h) Authorization of Appropriations.--For the purposes of meeting the requirements of this section, there are authorized to be appropriated $150,000,000 for fiscal year 2008 and each of the 3 succeeding fiscal years. ``(i) Allocation.--After reserving funds under subsection (j), from the funds appropriated under subsection (h), each State shall receive an allocation. In making such allocation, the Secretary shall allocate 50 percent of such funds in a manner that provides an equal amount to each State. The remainder of such funds shall be allocated to each State based on each State's enrollment of students in kindergarten through grade 12, compared to all States. ``(j) Application.--The Secretary shall allot the funds described in subsection (i) after the State submits an application for such funds at such time, in such manner, and containing such information, as the Secretary may require. ``(k) Penalties.--Where any State is found not to have made substantial progress toward implementation of such a system three years after the date of the enactment of this section, the Secretary may withhold up to 25 percent of the State's funds reserved under section 1004. ``(l) Allowable Uses of Funds.--After the Secretary's certification of the State's data system pursuant to subsection (e), the State may use the funds received under this section to-- ``(1) maintain, operate, and upgrade its data systems; ``(2) provide data integrity training at the school and local educational agency levels to address technology maintenance needs at the school and district levels, privacy policies (including training related to the Family Educational Rights and Privacy Act of 1974), data integrity issues, report planning and processes; ``(3) provide professional development to teachers, office personnel, and school and district administrators on how to appropriately collect, report, and use data; ``(4) develop processes to analyze and disseminate best practices, strategies, and approaches regarding pedagogical advancement that will leverage the data system to enhance teaching and learning, including creating opportunities for individualized instruction; ``(5) align statewide longitudinal data systems with local student information management systems and curriculum management systems, instructional management systems, or learning management systems; or ``(6) conduct and publicly report on the findings of data analyses to identify and fill areas in need of improvement in policy and instructional practice. ``(m) Reservation for State Education Data Center.-- ``(1) In general.--From funds appropriated under subsection (g), the Secretary shall reserve 1 percent, but no more than $2,000,000, for the purpose of awarding a grant to one or more nonprofit entities to support the operation of a State education data center. ``(2) Application.--A nonprofit entity that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. The Secretary shall award such grant through a competitive process. Each application for a grant shall-- ``(A) provide an assurance that the entity will seek private, non-Federal funds, in addition the funds awarded under this subsection, to support the operation of the State education data center; ``(B) include a plan for continued financial support of such center by private, non-Federal funds; and ``(C) describe the experience and knowledge pertaining to education data system development, implementation and use that the entity will employ to operate such center. ``(3) Uses of funds.--An entity which receives grant funds under this subsection shall use such funds to-- ``(A) provide technical assistance to the States in the development, implementation and user of State education longitudinal data systems required under this section; ``(B) disseminate best practices on the development, implementation, and use of such systems; and ``(C) serve as a central repository for education and school safety related data required under this Act. ``(4) Public access.--An entity which receives grant funds under this subsection shall make such data publicly available, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).''.
Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving school improvement funds to implement, within four years of this Act's enactment, a pre- through high-school longitudinal data system that includes: (1) a unique and consistent statewide student identifier; (2) the ability to track student participation and performance over time; (3) a unique and consistent statewide teacher identifier that matches student records to the appropriate teacher; and (4) the ability to link its data to data from higher education, workforce development, unemployment insurance, child welfare, juvenile justice, and military services information systems. Allots funds to states to operate, upgrade, and optimize the use of their data systems. Reserves funds for competitive grants to nonprofit entities to support a state education data center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Tax Act of 2005''. SEC. 2. DEDUCTION FOR QUALIFIED TIMBER GAIN. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1203. DEDUCTION FOR QUALIFIED TIMBER GAIN. ``(a) In General.--In the case of a taxpayer which elects the application of this section for a taxable year, there shall be allowed a deduction against gross income equal to 60 percent of the lesser of-- ``(1) the taxpayer's qualified timber gain for such year, or ``(2) the taxpayer's net capital gain for such year. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means, with respect to any taxpayer for any taxable year, the excess (if any) of-- ``(1) the sum of the taxpayer's gains described in subsections (a) and (b) of section 631 for such year, over ``(2) the sum of the taxpayer's losses described in such subsections for such year. ``(c) Special Rules for Pass-Thru Entities.--In the case of any qualified timber gain of a pass-thru entity (as defined in section 1(h)(10)), the election under this section shall be made separately by each taxpayer subject to tax on such gain.''. (b) Coordination With Maximum Capital Gains Rates.-- (1) Taxpayers other than corporations.--Paragraph (2) of section 1(h) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Reduction of net capital gain.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the sum of-- ``(A) the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii), and ``(B) the lesser of-- ``(i) the amount described in paragraph (1) of section 1203(a), or ``(ii) the amount described in paragraph (2) of such section.''. (2) Corporations.--Section 1201 of such Code is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: ``(b) Qualified Timber Gain Not Taken Into Account.--For purposes of this section, in the case of a corporation with respect to which an election is in effect under section 1203, the net capital gain for any any taxable year shall be reduced (but not below zero) by the corporation's qualified timber gain (as defined in section 1203(b)).''. (c) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting before the last sentence the following new paragraph: ``(21) Qualified timber gains.--The deduction allowed by section 1203.''. (d) Deduction Allowed in Computing Adjusted Current Earnings.-- Subparagraph (C) of section 56(g)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(vii) Deduction for qualified timber gain.--Clause (i) shall not apply to any deduction allowed under section 1203.''. (e) Deduction Allowed in Computing Taxable Income of Electing Small Business Trusts.--Subparagraph (C) of section 641(c)(2) of the Internal Revenue Code of 1986 is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction allowed under section 1203.''. (f) Conforming Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.''. (2) Paragraph (4) of section 642(c) of such Code is amended by striking the first sentence and inserting the following: ``To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a) or qualified timber gain (as defined in section 1203(b)), proper adjustment shall be made for any exclusion allowable to the estate or trust under section 1202 and for any deduction allowable to the estate or trust under section 1203.'' (3) Paragraph (3) of section 643(a) of such Code is amended by striking the last sentence and inserting the following: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (4) Subparagraph (C) of section 643(a)(6) of such Code is amended to read as follows: ``(C) Paragraph (3) shall not apply to a foreign trust. In the case of such a trust-- ``(i) there shall be included gains from the sale or exchange of capital assets, reduced by losses from such sales or exchanges to the extent such losses do not exceed gains from such sales or exchanges, and ``(ii) the deduction under section 1203 shall not be taken into account.''. (5) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (6) Paragraph (2) of section 871(a) of such Code is amended by inserting ``and 1203'' after ``section 1202''. (7) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Deduction for qualified timber gain.''. (g) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Taxable years which include date of enactment.--In the case of any taxable year which includes the date of the enactment of this Act, for purposes of the Internal Revenue Code of 1986, the taxpayer's qualified timber gain shall not exceed the excess that would be described in section 1203(b) of such Code, as added by this section, if only dispositions of timber after such date were taken into account.
Timber Tax Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers whether or not they itemize deductions) for up to 60% of gains from certain sales or exchanges of timber.
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SECTION 1. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. ``(a) Definitions.--In this section: ``(1) Harmful substance.--The term `harmful substance' means a substance that the President determines may be harmful to human health. ``(2) Program.--The term `program' means a program described in subsection (b) carried out with respect to a disaster area. ``(3) Worker.--The term `worker' includes a first responder to a disaster, such as a police officer, a firefighter, and an emergency medical technician. ``(b) Program.--If the President determines that 1 or more harmful substances are being, or have been, released in an area that the President has declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of community members, volunteers, and workers in the disaster area, to ensure that-- ``(1) the community members, volunteers, and workers are adequately informed about and protected against potential health impacts of the harmful substance; ``(2) the community members, volunteers, and workers are monitored and studied over time, and receive appropriate care, for any long-term health impacts of the harmful substance; and ``(3) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(c) Program.-- ``(1) In general.--A program may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating educational materials to community members, volunteers, and workers; ``(C) providing the public access to current information on continuing releases of a harmful substance in the disaster area; ``(D) training and certifying volunteers and workers in the use of personal protection equipment; ``(E) identifying, performing baseline health assessments on, taking biological samples from, and establishing an exposure registry of community members, volunteers, and workers exposed to a harmful substance; ``(F) studying the long-term health impacts of any exposures through epidemiological studies; and ``(G) providing assistance to participants in registries and studies under subparagraphs (E) and (F) in determining eligibility for health coverage and identifying appropriate health services. ``(2) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study under subparagraph (E) or (F) of paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(3) Cooperative agreements.--The President may carry out a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is-- ``(A) located in close proximity to the disaster area with respect to which the program is carried out; and ``(B) experienced in the area of environmental or occupational health and safety, including experience in-- ``(i) conducting long-term epidemiological studies; ``(ii) conducting long-term mental health studies; and ``(iii) establishing and maintaining environmental exposure or disease registries. ``(d) Reports and Responses to Studies.-- ``(1) Reports.--Not later than 1 year after the date of completion of a study under subsection (c)(1)(F), the President, or the medical or academic institution or consortium of such institutions that entered into the cooperative agreement under subsection (c)(3), shall submit to the Director, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency a report on the study. ``(2) Changes in procedures.--To protect the health and safety of community members, volunteers, and workers, the President shall make such changes in procedures as the President determines to be necessary based on the findings of the report submitted under paragraph (1).''.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, upon determining that at least one harmful substance is being or has been released in a presidentially declared disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of community members, volunteers, and responding emergency personnel. Permits such program to include: (1) collecting and analyzing environmental exposure data (2) developing and disseminating educational materials; (3) providing the public access to current information on continuing releases; (4) training and certifying volunteers and workers in the use of personal protection equipment; (5) identifying, performing baseline health assessments on, taking biological samples from, and establishing an exposure registry of exposed community members, volunteers, and workers; (6) studying the long-term health impacts of any exposures through epidemiological studies; and (7) providing assistance to participants in such registries and studies in determining eligibility for health coverage and identifying appropriate health services.Requires participation in any such registries and studies to be voluntary.Allows the President to carry out such a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is: (1) located in close proximity to the area; and (2) experienced in environmental or occupational health and safety. Requires the President, or the institution or consortium, to report on the study to the Director of the Federal Emergency Management Agency, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency.
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5, and on March 16, 1999, the House of Representatives adopted House Concurrent Resolution 24, both of which resolved that: ``any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition.''. (4) On July 25, 2000, Palestinian Chairman Arafat and Israeli Prime Minister Barak issued a joint statement agreeing that the ``two sides understand the importance of avoiding unilateral actions that prejudice the outcome of negotiations and that their differences will be resolved in good-faith negotiations''. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States to oppose the unilateral declaration of a Palestinian state, to withhold diplomatic recognition of any Palestinian state that is unilaterally declared, and to encourage other countries and international organizations to withhold diplomatic recognition of any Palestinian state that is unilaterally declared. SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN STATE IS UNILATERALLY DECLARED. (a) Measures.--Notwithstanding any other provision of law, beginning on the date that a Palestinian state is unilaterally declared and ending on the date such unilateral declaration is rescinded or on the date the President notifies the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that an agreement between Israel and the Palestinian Authority regarding the establishment of a Palestinian state has been concluded, the following measures shall be applied: (1) Downgrade in status of palestinian office in the united states.-- (A) Section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) as enacted on December 22, 1987, shall have the full force and effect of law, and shall apply notwithstanding any waiver or suspension of such section that was authorized or exercised subsequent to December 22, 1987. (B) For purposes of such section, the term ``Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof'' shall include the Palestinian Authority and the government of any unilaterally declared Palestinian state. (C) Nothing in this paragraph shall be construed to preclude-- (i) the establishment or maintenance of a Palestinian information office in the United States, operating under the same terms and conditions as the Palestinian information office that existed prior to the Oslo Accords; or (ii) diplomatic contacts between Palestinian officials and United States counterparts. (2) Prohibition on united states assistance to a unilaterally declared palestinian state.--United States assistance may not be provided to the government of a unilaterally declared Palestinian state, the Palestinian Authority, or to any successor or related entity. (3) Prohibition on united states assistance to the west bank and gaza.--United States assistance (except humanitarian assistance) may not be provided to programs or projects in the West Bank or Gaza. (4) Authority to withhold payment of united states contributions to international organizations that recognize a unilaterally declared palestinian state.--The President is authorized to-- (A) withhold up to 10 percent of the United States assessed contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (B) reduce the United States voluntary contribution to any international organization that recognizes a unilaterally declared Palestinian state up to 10 percent below the level of the United States voluntary contribution to such organization in the fiscal year prior to the fiscal year in which such organization recognized a unilaterally declared Palestinian state. (5) Opposition to lending by international financial institutions.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to oppose-- (A) membership for a unilaterally declared Palestinian state in such institution, or other recognition of a unilaterally declared Palestinian state by such institution; and (B) the extension by such institution to a unilaterally declared Palestinian state of any loan or other financial or technical assistance. (6) Limitation on use of funds to extend united states recognition.--No funds available under any provision of law may be used to extend United States recognition to a unilaterally declared Palestinian state, including, but not limited to, funds for the payment of the salary of any ambassador, consul, or other diplomatic personnel to such a unilaterally declared state, or for the cost of establishing, operating, or maintaining an embassy, consulate, or other diplomatic facility in such a unilaterally declared state. (b) Suspension of Measures.-- (1) In general.--The President may suspend the application of any of paragraphs (3) through (5) of subsection (a) for a period of not more than one year if, with respect to the suspension of the application of each such paragraph, the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such suspension is in the national security interest of the United States. Such certification shall be accompanied by a justification for the basis of the determination. (2) Renewal.--The President may renew the suspension of the application of any of paragraphs (3) through (5) of subsection (a) for a successive period or periods of not more than one year if, before each such period, the President makes a determination and transmits a certification in accordance with paragraph (1). (3) Additional requirement.--A suspension of the application of any of paragraphs (3) through (5) of subsection (a) under paragraph (1) or paragraph (2) shall cease to be effective after one year or at such earlier date as the President may specify. (c) Definition.--For purposes of paragraphs (2) and (3) of subsection (a), the term ``United States assistance''-- (1) means-- (A) assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except-- (i) assistance under chapter 8 of part I of such Act (relating to international narcotics control assistance); (ii) assistance under chapter 9 of part I of such Act (relating to international disaster assistance); and (iii) assistance under chapter 6 of part II of such Act (relating to assistance for peacekeeping operations); (B) assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including the license or approval for export of defense articles and defense services under section 38 of that Act; and (C) assistance under the Export-Import Bank Act of 1945; and (2) does not include counter-terrorism assistance. Passed the House of Representatives September 27, 2000. Attest: JEFF TRANDAHL, Clerk. 106th CONGRESS 2d Session H. R. 5272 _______________________________________________________________________ AN ACT To provide for a United States response in the event of a unilateral declaration of a Palestinian state. _______________________________________________________________________ September 28 (legislative day, September 22), 2000 Read the first time
Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) the enforcement of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) calling for certain prohibitions regarding the Palestine Liberation Organization (PLO) such as prohibiting the establishment of a PLO office in the United States; (2) the prohibition of U.S. assistance to the government of any unilaterally declared Palestinian state, the Palestinian Authority (or to any successor entity), and any programs or projects in the West Bank or Gaza (except humanitarian assistance); (3) the withholding of a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) U.S. opposition to such state's membership in any international financial institution or the extension by such institution of any loan or other financial assistance to it.Authorizes the President to suspend, for one year, a number of the requirements under this Act if he determines and certifies to specified congressional committees that it is in the national security interest of the United States.
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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.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hoh Indian Tribe Safe Homelands Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The Hoh Indian Reservation, located along the Hoh River and the Pacific Ocean in a remote section of Jefferson County, Washington, is the homeland of the Hoh Indian Tribe, a federally recognized Indian tribe. (2) Established by Executive Order in 1893, the Reservation is approximately one square mile, but its habitable acreage has been reduced over time due to storm surges, repeated flooding and erosion, and lack of river dredging. (3) Due to its location along the river and ocean and frequent torrential rains, 90 percent of the Reservation is located within a flood zone and, in fact, has flooded repeatedly over the last five years. In addition, 100 percent of the Reservation is within a tsunami zone, leaving most of the Reservation unfit for safe occupation. (4) The Tribe has repeatedly suffered from serious flood and wind damage to homes, tribal buildings, and utility infrastructure that have caused significant damage and resulted in critical safety and environmental hazards. (5) Federal agencies such as the Bureau of Indian Affairs, the Department of Housing and Urban Development, and the Federal Emergency Management Agency have limited authority to assist the Tribe with housing and other improvements and services due to the dangerous and unsustainable location of the Reservation. (6) The Tribe has purchased from private owners near the Reservation approximately 260 acres of land in order to move key infrastructure out of the flood zone. (7) In addition, the State of Washington's Department of Natural Resources has transferred ownership of 160 acres of land to the Tribe. (8) An approximately 37 acre parcel of logged land, administered by the National Park Service, lies between the current Reservation land and those lands acquired by the Tribe, and the only road accessing the Reservation crosses this parcel. (9) Together, the lands described in paragraphs 6, 7, and 8 would constitute a contiguous parcel for the Reservation and would create a safe area for members of the Tribe to live and rebuild their community. SEC. 3. DEFINITIONS. For the purposes of this Act---- (1) the term ``Federal land'' mean the Federal lands described in section 4(c)(2); (2) the term ``Reservation'' means the reservation of the Hoh Indian Tribe; (3) the term ``Secretary'' means the Secretary of the Interior; and (4) the term ``Tribe'' means the Hoh Indian Tribe, a federally recognized Indian tribe. SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE TRIBE'S RESERVATION; PLACEMENT OF OTHER LAND INTO TRUST. (a) In General.--The Secretary shall transfer to the Tribe all right, title, and interest of the United States in and to the Federal land. Such land shall be held in trust by the United States for the benefit of the Tribe. Such land shall be excluded from the boundaries of Olympic National Park. At the request of the Tribe, at the time of transfer of the Federal land, the Secretary shall also place into trust for the benefit of the Tribe the non-Federal land owned by the Tribe and described in subsection (c)(1). (b) Reservation.--Land taken into trust for the Tribe pursuant to subsection (a) shall be part of the Reservation (c) Description of Lands.--The land to be transferred and held in trust under subsection (a) is the land generally depicted on the map titled ``H.R. ___ Hoh Indian Tribe Safe Homelands Act'', and dated _________ and further described as-- (1) the non-Federal land owned by the Hoh Tribe; and (2) the Federal land administered by the National Park Service, located in Section 20, Township 26N, Range 13W, W.M. South of the Hoh River. (d) Availability of Map.--Not later than 120 days after the completion of the land transfer of Federal land under this section, the Secretary shall make the map available to the appropriate agency officials and congressional committees. The map shall be available for public inspection in the appropriate offices of the Secretary. (e) Congressional Intent.--It is the intent of Congress that-- (1) the condition of the Federal land at the time of the transfer under this section should be preserved and protected; (2) that the natural environment existing on the Federal land at the time of the transfer under this section should not be altered, except as described in this Act; and (3) the Tribe and the National Park Service shall work cooperatively on issues of mutual concern related to this Act. SEC. 5. PRESERVATION OF EXISTING CONDITION OF FEDERAL LAND; TERMS OF CONSERVATION AND USE IN CONNECTION WITH LAND TRANSFER. (a) Restrictions on Use.--The use of the Federal land transferred pursuant to section 4 is subject to the following conditions: (1) No commercial, residential, industrial, or other buildings or structures shall be placed on the Federal land being transferred and placed into trust. The existing road may be maintained or improved, but no major improvements or road construction shall occur on the lands. (2) In order to maintain its use as a natural wildlife corridor and to provide for protection of existing resources, no logging or hunting shall be allowed on the land. (3) The Tribe may authorize tribal members to engage in ceremonial and other treaty uses of these lands and existing tribal treaty rights are not diminished by this Act. (4) The Tribe shall survey the boundaries of the Federal land and submit the survey to the National Park Service for review and concurrence. (b) Cooperative Efforts.--Congress urges the Secretary and the Tribe to enter into written agreements on the following: (1) Upon completion of the Tribe's proposed emergency fire response building, Congress urges the parties to work toward mutual aid agreements. (2) The National Park Service and the Tribe shall work collaboratively to provide opportunities for the public to learn more about the culture and traditions of the Tribe. (3) The land may be used for the development of a multi- purpose, non-motorized trail from Highway 101 to the Pacific Ocean. The parties agree to work cooperatively in the development and placement of such trail. SEC. 6. HOH INDIAN RESERVATION. All lands taken into trust by the United States under this Act shall be a part of the Hoh Indian Reservation. SEC. 7. GAMING PROHIBITION. No land taken into trust for the benefit of the Hoh Indian Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Hoh Indian Tribe Safe Homelands Act - Directs the Secretary of the Interior to transfer certain federal and non-federal land to the Hoh Indian Tribe, to be held in trust by the United States for the benefit of the Tribe. Prohibits on such land: (1) the placement of commercial, residential, or industrial buildings; (2) logging and hunting activities; or (3) gaming.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Evidence Repeal Act of 2000''. SEC. 2. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS. (a) Application of Procedures Used under Classified Information Procedures Act (CIPA) to Immigration Proceedings.-- (1) In general.--Chapter 9 of title II of such Act is amended by adding at the end the following new section: ``application of procedures used under classified information procedures act to immigration proceedings ``Sec. 295. (a) Notice of Intended Use of Classified Information.-- ``(1) In general.--In any immigration proceeding in which the Attorney General seeks to use classified information, the Attorney General shall inform the alien and the presiding officer in advance. To the maximum extent practicable, if the Attorney General is initiating such proceeding, the Attorney General shall provide such notice within 15 days after initiating the proceeding. ``(2) Limitation.--The Attorney General may seek to use classified information only in an immigration proceeding in which the alien is alleged to be deportable under section 237(a)(4)(B) or to oppose an application for admission or an application for discretionary relief from removal and only after issuing the following certification: ``(A) Substantially the same information could not reasonably be developed from open sources. ``(B) The Attorney General has informed the classifying agency of its intent to use the classified information in connection with immigration proceedings and has requested such agency to declassify such information as is permitted to be declassified under the President's Executive Order on classification. ``(b) Referral of Classified Matters to District Court.-- ``(1) In general.--In the case of an immigration proceeding in which the Attorney General or the alien moves for a referral under this section to consider matters relating to classified information that may arise in connection with the proceeding, the presiding officer shall forward the petition for review to a Federal district court for the district in which the alien resides or the place where the immigration proceedings are pending, of the use of such information in such proceeding under subsection (c). Any evidence which is the subject of a petition shall not be considered in the immigration proceeding and shall not be examined by the presiding officer, except as provided in paragraph (3). ``(2) Suspension of immigration proceeding.--In the case of an order or review provided for under paragraph (1), the immigration proceeding may be suspended by the presiding officer pending the disposition of such matter by the district court involved (and any appeals related to such matter). ``(3) Submission of summary.--In the case of a referral under paragraph (1)(A), after the application of subsection (c), the district court shall issue an order to the presiding officer at the proceeding indicating any unclassified summary of classified information, and admissions in lieu of disclosure of classified information, that may be used and the conditions of its use at the proceeding. The presiding officer shall determine whether any information approved by the order may be offered at the immigration proceeding. ``(c) Application of CIPA.-- ``(1) In general.--Subject to the succeeding provisions of this section, in the cases described in subsection (b)(1) involving review by a Federal district court of the use of classified information in an immigration proceeding, the provisions of the Classified Information Procedures Act (18 U.S.C. Appendix III) (in this section referred to as `CIPA') shall apply to an alien who is a subject of the immigration proceeding in the same manner as it applies to a defendant in a criminal proceeding subject to such Act. ``(2) General rules of application.--In applying such Act under subsection (a), the following general rules apply: ``(A) Any reference in such Act to-- ``(i) a criminal defendant or a trial (or pre-trial) proceeding is deemed to be a reference to the alien who is the subject of the immigration proceeding and to the immigration proceeding; ``(ii) an indictment or information at issue is deemed to be a reference to a notice to appear; ``(iii) a dismissal of an indictment or information is deemed a reference to termination of the immigration proceeding against an alien; and ``(iv) a trial court is deemed a reference (in the case of an administrative immigration proceeding) to the presiding officer in such proceeding. ``(B) The provisions of section 2 of such Act (other than the last sentence) shall not be applied. ``(C) The Attorney General shall prescribe rules establishing procedures for the protection against unauthorized disclosure of classified information in the custody of the Federal non-judicial officials in immigration proceedings. Such rules shall apply instead of the rules described in section 9 of CIPA. ``(D) Section 12 of CIPA shall not be applied to immigration proceedings. ``(E) In lieu of the reports described in section 13 of CIPA, the Attorney General shall report annually and in writing to the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and the House of Representatives on the implementation of this section. Such reports shall include the following information about each case brought under this section: ``(i) The alien's country of citizenship or, if the alien was stateless, the country in which the alien last habitually resided outside of the United States. ``(ii) The alien's immigration status. ``(iii) The immigration benefit for which the alien applied (if any). ``(iv) Whether the Federal district court approved the summary of classified information and the deletions or admissions proffered by the Attorney General. ``(v) Whether the alien was ultimately ordered removed under section 237(a)(4)(B) or was granted or denied admission or the benefit for which the alien applied. ``(d) Disclosure of Exculpatory Evidence.--In any immigration proceeding under this section, the Attorney General shall disclose to the alien information that it would be required to disclose to a defendant in an analogous criminal proceeding under CIPA. ``(e) Construction Concerning Declassification of Information.-- Nothing in this section shall be construed as preventing an alien in an immigration proceeding from seeking access to classified information under section 552 of title 5, United States Code, or, in the case of information which is not disclosed based on section 552(b)(1) of such title, from initiating an action to seek to declassify some or all of the information involved. ``(f) Definitions.--For purposes of this section: ``(1) Immigration proceeding.--The term `immigration proceeding' means any administrative proceeding under this Act. ``(2) Presiding officer.--The term `presiding officer' means, with respect to an immigration proceeding, the administrative or judicial official who is presiding over the immigration proceeding.''. (b) Conforming Amendment.--Title V of the Immigration and Nationality Act (8 U.S.C. 1531-1537) is repealed. (c) Clerical Amendments.--The table of contents for such Act is amended-- (1) by inserting after the item relating to section 294 the following new item: ``Sec. 295. Application of procedures used under classified information procedures act to immigration proceedings.''; and (2) by striking the title heading, and the items, relating to title V. SEC. 3. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION PROCEEDINGS. (a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to read as follows: ``(B) the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government, and''. (b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by striking the last sentence and inserting the following: ``In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents pertaining the alien's admission or presence in the United States.''. SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(f) Aliens' Rights in Bond Proceedings.--In proceedings under this section-- ``(1) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings; ``(2) the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government; and ``(3) a complete record shall be kept of all testimony and evidence produced at the proceeding.''. SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE UNITED STATES. Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(c)(1)) is amended by striking ``If'' and inserting: ``Except in the case of an alien who (i) is a lawful permanent resident; (ii) was granted advance parole; (iii) was paroled into the United States under section 212(d)(5); or (iv) is seeking asylum, if''. SEC. 6. TRANSITION. (a) Application to Detainees.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien then detained or whose liberty is otherwise restricted by the Attorney General, on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals or to any court-- (1) provide such alien a copy or transcript of such information, and provide the alien with a redetermination of bond (or a reconsideration of the terms of custody, as the case may be) based on evidence disclosed to the alien and the alien's response to such evidence; or (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and-- (A) release such alien if such alien is detained; and (B) cease all restrictions on the liberty of such alien if such restrictions exist, unless detention is warranted solely on the basis of evidence disclosed to the alien; or (3) release such alien. (b) Application to Aliens Seeking Immigration Benefits.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien physically present in the United States whose application for an immigration benefit is or was opposed by the Government on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals, or to any court-- (1) provide such alien a copy or transcript of such information and a reasonable opportunity to respond to such information, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; or (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; or (3) grant the application. (c) Termination of Proceedings.--In the case of an alien in immigration proceedings as of the effective date of this Act conducted under title V of the Immigration and Nationality Act-- (1) such proceedings are terminated as of the effective date of this Act without prejudice to the Attorney General or the alien; and (2) the Attorney General may, in his or her discretion, commence de novo removal proceedings within 10 days thereafter under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). SEC. 7. REGULATIONS. The Attorney General shall promulgate regulations, including regulations governing applications for asylum, withholding of deportation or removal, adjustment of status, naturalization, temporary protected status, and relief from deportation, exclusion, or removal to implement this Act not more than 90 days after the effective date of this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens without regard to the date of arrival, admission, entry, or parole into the United States.
Amends the Immigration and Nationality Act to repeal alien terrorist removal provisions (title V). (Sec. 3) Entitles an alien in a removal proceeding to examine all evidence and admissibility records. (Current law excludes national security information and confidential information.) (Sec. 4) Entitles an alien subject to arrest and detention for removal or deportation to non-federally provided counsel, and access to all evidence. (Sec. 5) Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) (Sec. 6) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Retirement Security Act of 2018''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Retirement Security'' (referred to in this Act as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) The Secretary of Labor (or the Secretary's designee). (2) The Secretary of the Treasury (or the Secretary's designee). (3) The Secretary of Commerce (or the Secretary's designee). (4) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (5) Three shall be appointed by the minority leader of the House of Representatives, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (6) Three shall be appointed by the majority leader of the Senate, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (7) Three shall be appointed by the minority leader of the Senate, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, behavioral economics, retirement security, savings incentives, pension plan design, benefit plan design, actuarial science, the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), or consumer protection. (c) Chairperson and Co-Chairperson.-- (1) Chairperson.--The President shall select the chairperson of the Commission from among the Members selected for the Commission. (2) Co-chairperson.--The co-chairperson shall be selected as follows: (A) If, on the date of appointment, the majority leader of the Senate is of a different political party than the President, such majority leader shall select the co-chairperson from among the Members selected for the Commission. (B) If, on the date of appointment, the majority leader of the Senate is of the same political party as the President, the minority leader of the Senate shall select the co-chairperson from among the Members selected for the Commission. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Hearings.--In carrying out its duties under this Act, the Commission is authorized to hold such hearings and take testimony with respect to matters to which it has a responsibility under this Act. The Chairperson, or any member authorized by the Chairperson, may administer oaths or affirmations to witnesses appearing before the Commission. The Commission shall hold, at minimum, not fewer than 4 hearings in a location that is outside of the metropolitan area of Washington, DC, and within the United States. (g) Compensation.--Members of the Commission shall serve without pay. (h) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Retirement Security.--The Commission shall-- (1) conduct a comprehensive study of the state of retirement security in America, which shall include-- (A) a comprehensive review of private benefit programs existing in the United States, with a particular focus on the historical movement from defined benefit to defined contribution models; (B) a comprehensive review of private retirement coverage, individual and household accounts balances, investment trends, costs and net returns, and retention and distribution during retirement; (C) a comprehensive review of societal trends, including wage growth, economic growth, unique small business challenges, serial employment, gig economy, health care costs, life expectancy, and shrinking household size, that could lead future generations to be less financially secure in retirement compared to previous generations; and (D) a comprehensive review of other countries' retirement programs; and (2) submit to Congress recommendations on how to improve or replace existing private retirement programs. (b) Report.--Upon the affirmative vote of at least \3/4\ of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study under subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (c) Deadline.--The report under subsection (b) shall be submitted not later than the date that is 2 years after the date a majority of the members of the Commission are appointed pursuant to section 3. (d) Available Reports.--In conducting its study and developing findings, conclusions, and recommendations for legislation or administrative action, the Commission-- (1) shall take into account available reports and materials; and (2) may consult with the Government Accountability Office. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Executive Branch Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Bureau of the Census. (2) The Internal Revenue Service. (3) The Department of Housing and Urban Development. (4) The Social Security Administration. (5) The Department of Health and Human Services. (6) The Department of Agriculture. (7) The Pension Benefit Guaranty Corporation. (8) Any other agency, as determined by the Commission. (b) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (c) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. Detailed minutes of each meeting of the Commission, except for any closed session, shall be kept and shall include a record of the persons present and a complete and accurate description of matters discussed. (d) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (e) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Timely public notice of each hearing, including the time, place, and agenda of the meeting, shall be provided by any means that will result in wide publicity in the region of the United States in which it is held. Timely notice of each regular meeting shall be published in the Federal Register. Interested persons shall be permitted to submit written statements regarding the matters on the agenda of such hearings. (f) Contracts.--The Commission may contract with and compensate government and private agencies or persons for the purpose of carrying out this Act. (g) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. FUNDING. (a) In General.--Subject to subsection (b) and the availability of appropriations at the request of the Secretary of Labor, the agencies described in section 5(a) shall transfer funds, as specified in advance in appropriations Act and in a total amount not to exceed $5,000,000, to the Department of Labor for the purpose of carrying out the activities of the Commission in accordance with this Act. (b) Administrative Support.--The Department of Labor shall provide administrative support to the Commission, which may include providing physical space at, and access to, the headquarters of the Department of Labor located in Washington, DC. (c) Prohibition on New Funding.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise available for the Department of Labor or the agencies described in section 5(a). SEC. 7. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Director shall include in budget recommendations a summary of the amounts such Director determines necessary for the expenses of the Commission, including expenses for publications of reports, as appropriate. (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director determines appropriate. No staff of the Commission shall receive compensation at a rate in excess of the rate specified for GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (d) Authority To Accept Voluntary Services.--Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission is authorized to accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law: (1) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (2) Chapter 171 of title 28, United States Code, relating to tort claims. (3) Chapter 11 of title 18, United States Code, relating to conflicts of interest. SEC. 8. TERMINATION. The Commission shall terminate not later than 2 years after the date of enactment of this Act.
Commission on Retirement Security Act of 2018 This bill establishes within the executive branch the Commission on Retirement Security to: (1) conduct a comprehensive study of the state of retirement security in America, and (2) submit to Congress recommendations on how to improve or replace existing private retirement programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection and Response Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The Robert T. Stafford Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) was established to provide aid and coordinate Federal disaster relief in response to a major disaster. (2) The effect of the terrorist attack on September 11, 2001, on New York City, New York, was declared a major disaster as defined by the Act. (3) The terrorist attacks on September 11, 2001, brought forth new challenges never dealt with before in a major disaster. (4) These new challenges and lack of comprehensive authority to deal with them, as defined by current statute, slowed down and complicated Federal disaster relief for the New York and Washington Metropolitan Areas, and exposed weaknesses in the authorities Federal agencies have to respond to a homeland security event. (5) Officials throughout the Administration and intelligence community assert that another attack is inevitable so it is imperative to establish new authority to address the inadequacies in the existing system of response. SEC. 3. DEFINITION OF MAJOR DISASTER. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by striking ``, or explosion'' and inserting ``, explosion, terrorist attack (including a biological, nuclear, chemical, or small arms attack and a cyber- attack on computer systems), dispersion of radioactive or other contaminants, dispersion of hazardous substances, or other catastrophic event''; SEC. 4. DEFINITION OF PRIVATE NONPROFIT FACILITY. Section 102(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(9)) is amended by adding at the end the following: ``In the case of a homeland security event, such term also includes private for-profit telecommunications and phone services and private for-profit utilities (including power, water (including water provided by an irrigation organization or facility), sewer, and wastewater treatment) except that for-profit utilities shall be covered only for structures and property losses that occur during a homeland security event if such losses are not covered by such utility's insurance policies. SEC. 5. HOMELAND SECURITY EVENTS. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 425. HOMELAND SECURITY EVENTS. ``(a) In General.--At the request of the Governor of the affected State, the President may declare that a major disaster constitutes a homeland security event for the purposes of this section. Such a request shall be based on a finding that Federal assistance is necessary because the event poses a significant risk to the security of the people and property of the Nation and is of such severity and magnitude that effective response is beyond the capability of the affected State and local government. ``(b) Federal Assistance.--In any homeland security event, in addition to providing other assistance made available under this title in a major disaster, the President may-- ``(1) establish a coordinating office and appoint a disaster recovery director-- ``(A) to work with and coordinate efforts with the Federal coordinating officer appointed under section 302; ``(B) to oversee and coordinate the timely distribution of Federal compensation to persons injured in such disaster; ``(C) to develop methods to expedite claims for relief and assistance by individuals and businesses; ``(D) coordinate long-term recovery efforts with State and local authorities; and ``(E) work with Federal agencies to develop more effective methods to assist affected parties; ``(2) require that if an office described in paragraph (1) is established, the disaster recovery director-- ``(A) shall consult with local officials in developing a recovery plan; and ``(B) may appoint an independent claims manager to assist in providing assistance; ``(3) in any case in which a Federal official issues a high security alert after a homeland security event, provide technical assistance and reimbursement to State and local governments in the disaster area for expenses incurred related to such alert, including overtime for law enforcement officers for a period of time that the President determines is necessary; ``(4) provide grants to a local government which may suffer a substantial loss of tax and other revenues; ``(5) authorize reimbursement to a school system for-- ``(A) providing additional classroom instruction time and related activities to students who lost instructional time as a result of the homeland security event; ``(B) providing mental health and trauma counseling and other appropriate support services to students suffering from trauma-related disorders resulting from the homeland security event; ``(C) providing guidance and grief counseling and mental health services, including overtime payment for counselors and mental health professionals, for students and school staff; ``(D) clean up and structural inspections and repairs of school facilities; ``(E) textbooks and other school supplies and equipment used to support the relocation of students from schools in the disaster area; ``(F) the cost of relocating students, including transportation of students to temporary school facilities; and ``(G) loss of perishable food stock and revenue lost from food services; and ``(6) provide grants, equipment, supplies, and personnel, to any non-profit medical facility that has-- ``(A) lost equipment or revenue due to a major disaster; ``(B) incurred additional costs for security enhancements in anticipation of a homeland security event; ``(C) purchased emergency supplies, medicine, or equipment, or contracted with medical specialists, in order to respond to casualties expected to be treated as a result of a major disaster; or ``(D) complied with Federal and state requirements concerning maintenance of health service treatment procedures (such as dialysis facilities) that may not be used as a result of a major disaster; and ``(7) authorize and direct the Administrator of the Environmental Protection Agency to perform all testing of indoor air quality deemed necessary by the Administrator and to undertake such remedial actions as may be necessary, in the discretion of the Administrator, to protect human health and safety from the contamination of indoor air quality following any such event.''. SEC. 6. CRITICAL SERVICES. Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended-- (1) by striking ``and'' before ``emergency''; and (2) by inserting before the period the following: ``, education systems, providers of counseling assistance, and providers of assistance to the homeless''. SEC. 7. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. Section 408(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)(1)) is amended by striking ``direct'' each place it appears. SEC. 8. COMMUNITY DISASTER LOANS. (a) Amount.--Section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184(b)) is amended-- (1) by striking ``, shall not exceed'' and inserting ``and shall not exceed''; and (2) by striking ``, and shall not exceed $5,000,000''. (b) Major Disasters Caused by Terrorist Attacks.--Section 417 of such Act (42 U.S.C. 5184) is amended by adding at the end the following: ``(e) Interest Forgiveness in Certain Cases.--The President shall not require the payment of any interest on a loan made under this section to a local government which may suffer a substantial loss of tax and other revenues as a result of a homeland security event.''. (c) Applicability.--The amendments made by this section shall apply with respect to any major disaster occurring on or after October 30, 2000. SEC. 9. STANDARDS AND REPORTING. The Director of the Office of Management and Budget shall-- (1) establish standards for reporting information regarding disaster efforts made by each agency that assists in providing relief in a disaster that the President has determined constitutes a homeland security event under section 425 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (2) collect data from each such agency regarding the efforts of such agency for each major disaster described in paragraph (1) not less than once each year; and (3) report such data to the appropriate committees of Congress annually. SEC. 10. SPECIAL PRESIDENTIAL COMMISSION TO REVIEW AIR QUALITY. The President shall appoint a special commission to undertake a study of the authorities available to the Environmental Protection Agency following a major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following), particularly a terrorist attack using chemical, biological, or nuclear weapons. The Commission shall examine the agency's authorities to-- (1) monitor the environment; (2) evaluate health risks associated with air pollutants that may be released into the environment as result of such a disaster; and (3) communicate with affected communities and first responders. The Commission shall submit a report to the President and to the Congress containing the results of such study and including any recommendations of the special commission regarding the clarification and recommendation of Environmental Protection Agency authorities in such situations. SEC. 11. ACUTELY AND SUB-ACUTELY TOXIC CHEMICAL, BIOLOGICAL, AND RADIOACTIVE EXPOSURE GUIDELINES. The Administrator of the Environmental Protection Agency shall promulgate guidelines regarding the health risks of short-, medium-, or long-term exposure to acutely or sub-actuely toxic chemical, biological, and radioactive materials that may be released into the environment as a consequence of a major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following). The Director of the Centers for Disease Control and Prevention shall provide the Administrator with such information and analysis as may be necessary for the Administrator to promulgate guidelines under this section in the case of biological materials. SEC. 12. EPA AUTHORITIES FOR ENVIRONMENTAL MONITORING AND ANALYSIS. In order to provide for standardized and rapid data collection and analysis and communication regarding environmental risks following any major disaster that the President determines constitutes a homeland security event under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and following), the President shall designate the Administrator of the Environmental Protection Agency or the Director of the Centers for Disease Control and Prevention (in the case of a release of biological agents) to coordinate all data collection and monitoring and dissemination of analysis regarding the release of pollutants and contaminants (including biological agents) into the environment by reason of any such disaster. SEC. 13. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH ON ASSISTING VICTIMS; ADVANCED PREPARATION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319K the following section: ``SEC. 319L. DATA COLLECTION DURING PUBLIC HEALTH EMERGENCIES; RESEARCH ON ASSISTING VICTIMS; ADVANCED PREPARATION. ``(a) In General.--The Secretary may make awards of grants, contracts, and cooperative agreements to public and nonprofit private entities for the purpose of collecting public health data during and in the aftermath of public health emergencies, and conducting research with respect to such data, in order to develop medical therapies and other public health strategies for assisting victims of such emergencies in recovering from the emergencies. ``(b) Advance Preparation for Emergency Events.--The Secretary shall provide for the approval of applications for awards under subsection (a) in advance of public health emergencies in order that, upon the occurrence of such an emergency, the Secretary can promptly begin disbursing amounts from the awards and the recipients of the awards can promptly begin carrying out the purpose described in subsection (a). ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006, in addition to other authorizations of appropriations that are available for such purpose. Amounts appropriated under the preceding sentence are available until expended.''.
Community Protection and Response Act of 2002 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to include a terrorist attack, dispersion of radioactive or other contaminants, dispersion of hazardous substances, or other catastrophic event as a "major disaster" eligible for relief under the Act. Includes as a "private nonprofit facility" for purposes of damages coverage in a major disaster private for-profit telecommunications, phone services, and utilities when losses occur during a homeland security event and are not covered by insurance.Authorizes the President, at the request of a State governor, to declare that a major disaster constitutes a homeland security event and is of such severity and magnitude that effective response is beyond the capacity of the affected State and local government. Provides specified Federal assistance under the Act upon such a declaration, including reimbursement and grant assistance for lost compensation, sustained losses, and required repairs.Includes as critical services under the Act education systems, providers of counseling, and providers of assistance to the homeless.Removes the $5 million limit on community disaster loans provided under the Act.Requires or provides for: (1) standards for reporting information concerning disasters involving homeland security events; (2) a special commission to review air quality following a homeland security event; (3) guidelines concerning health risks associated with the release of materials following a homeland security event and associated monitoring and analysis; and (4) grants for data collection during public health emergencies, research on assisting victims, and advance preparation for public health emergencies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in America's Small Businesses Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Small businesses in underserved areas have for generations been unable to access affordable credit. (2) A 2013 report commissioned by the U.S. Small Business Administration shows the major constraint limiting the growth, expansion, and wealth creation of small firms--especially women- and minority-owned businesses--is inadequate capital. (3) Small businesses revitalize communities by creating jobs, and also contribute to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (4) A 2015 report from the Carsey School of Public Policy at the University of New Hampshire found that 79 percent of CDFI loan volume went to borrowers from underserved populations. (5) During the financial crisis, CDFI loan funds expanded their activity to meet increased demand from borrowers that could not access traditional lending. From 2006 to 2009, the median fund deployment ratio grew 3.1 percent annually. (6) After Superstorm Sandy, CDFIs launched disaster recovery loan programs and reached out to affected businesses and organizations to provide credit to help grocery stores and social service organizations re-open to help communities in need. (7) A 2014 report by the Dardin School of Business at the University of Virginia found that despite serving predominately low-income markets, CDFI banks and credit unions had virtually the same level of performance as mainstream financial institutions. SEC. 3. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. (a) In General.--The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 123. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. ``(a) Purposes.--The purposes of this section are-- ``(1) to make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small business loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small business loan programs; ``(2) to encourage community development financial institutions to establish and maintain small business loan programs that would help provide borrowers access to mainstream financial institutions and combat high cost small business lending; and ``(3) to encourage community development financial institutions to expand the development services they offer and to serve new investment areas and new targeted populations. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.-- ``(A) In general.--The Fund shall make grants to community development financial institutions to enable such institutions to establish a loan-loss reserve fund in order to defray the costs of a small business loan program established or maintained by such institution. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(C) Matching requirement.--A community development financial institution shall provide non- Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this paragraph. ``(D) Use of funds.--Any grant amounts received by a community development financial institution under this paragraph-- ``(i) may not be used by such institution to provide direct loans to small businesses; ``(ii) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small business loan program of such institution on or after the date of the enactment of this section; and ``(iii) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(2) Technical assistance grants.-- ``(A) In general.--The Fund shall make technical assistance grants to community development financial institutions to create, support, or maintain a small business loan program. Any grant amounts received under this paragraph may be used for-- ``(i) technology, staff support, staff capacity building, and other costs associated with establishing, supporting, or maintaining a small business loan program; and ``(ii) establishing, supporting, or maintaining technical assistance programs for borrowers. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(c) Reports.--For each fiscal year for which grants are made under this section, the Administrator shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing a description of the activities funded and amounts distributed under this section for such fiscal year, as well as measurable results of such actions. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Fund $25,000,000 for each of fiscal years 2018 to 2023 to carry out this section. ``(2) Administrative costs.--There are authorized to be appropriated to the Fund $2,000,000 for each of fiscal years 2018 to 2023 for the administrative costs of carrying out this section. ``(e) Definitions.--For purposes of this section: ``(1) Small business.--The term `small business' has the meaning given the term `small business concern' under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(2) Small business loan program.--The term `small business loan program' means a loan program wherein a community development financial institution offers loans to small businesses that-- ``(A) are made in amounts not exceeding $50,000; ``(B) have no pre-payment penalty; and ``(C) meet any other affordability requirements as may be established by the Administrator.''. (b) Conforming Amendment.--The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 121 the following: ``Sec. 122. Grants to establish loan-loss reserve funds. ``Sec. 123. Grants to establish loan-loss reserve funds for small business lending.''.
Investing in America's Small Businesses Act of 2017 This bill amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions for: (1) the establishment of loan-loss reserve funds to defray the costs of small business lending, and (2) related technical assistance. A community development financial institution must provide nonfederal matching funds equal to 50% of the amount of any grant received. A grantee may not use grant funds to make direct loans to small businesses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Infrastructure Improvement Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Acquisition.--The term ``acquisition'' includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation. (2) Commission.--The term ``Commission'' means the National Commission on the Infrastructure of the United States established by section 3(a). (3) Construction.--The term ``construction'' means-- (A) the design, planning, and erection of new infrastructure; (B) the expansion of existing infrastructure; (C) the reconstruction of an infrastructure project at an existing site; and (D) the installation of initial or replacement infrastructure equipment. (4) Infrastructure.-- (A) In general.--The term ``infrastructure'' means a nonmilitary structure or facility and equipment associated with that structure or facility. (B) Inclusions.--The term ``infrastructure'' includes-- (i) a surface transportation facility (such as a road, bridge, highway, public transportation facility, and freight and passenger rail); (ii) a mass transit facility; (iii) an airport or airway facility; (iv) a resource recovery facility; (v) a water supply and distribution system; (vi) a wastewater collection, treatment, and related facility; (vii) a waterway; (viii) a dock or port; (ix) a school building; and (x) a solid waste disposal facility. (5) Maintenance.--The term ``maintenance'' means any regularly scheduled activity, such as a routine repair, intended to ensure that infrastructure continues to operate efficiently. (6) Rehabilitation.--The term ``rehabilitation'' means-- (A) the correction of a deficiency in existing infrastructure so as to extend the useful life or improve the effectiveness of the infrastructure; (B) the modernization or replacement of equipment of existing infrastructure; and (C) the modernization of, or replacement of parts for, rolling stock relating to infrastructure. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission on the Infrastructure of the United States'' to ensure that the infrastructure of the United States-- (1) meets current and future demand; and (2) facilitates economic growth. (b) Membership.-- (1) Composition.--The Commission shall be composed of 7 members, of whom-- (A) 3 members shall be appointed by the President; (B) 1 member shall be appointed by the Speaker of the House of Representatives; (C) 1 member shall be appointed by the minority leader of the House of Representatives; (D) 1 member shall be appointed by the majority leader of the Senate; and (E) 1 member shall be appointed by the minority leader of the Senate. (2) Qualifications.--Each member of the Commission shall have experience in 1 or more of the fields of economics, public administration, civil engineering, public works, and related design professions, planning, or public investment financing. (3) Date of appointments.--The members of the Commission shall be appointed under paragraph (1) not later than 90 days after the enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled, not later than 30 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson or the majority of the Commission members. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.-- (1) In general.--Not later than February 15, 2007, the Commission shall complete a study of all matters relating to the state of the infrastructure of the United States. (2) Matters to be studied.--In carrying out paragraph (1), the Commission shall study such matters as-- (A) the capacity of infrastructure improvements to sustain current and anticipated economic development, including long-term economic construction and to support a sustained and expanding economy; (B) the age and condition of public infrastructure (including congestion and changes in the condition of that infrastructure as compared with preceding years); (C) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of public works improvements (including general obligation bonds, tax-credit bonds, revenue bonds, user fees, excise taxes, direct governmental assistance, and private investment); (D) any trends or innovations in methods used to finance that construction, acquisition, rehabilitation, and maintenance; (E) investment requirements, by type of facility, that are necessary to maintain the current condition and performance of those facilities and the investment needed to improve those facilities in the future; (F)(i) the projected historical share of Federal, State, local, and other government levels of investment requirements as identified in subparagraph (E); and (ii) the projected expenditure on infrastructure facility improvements described in subparagraph (E) by each level of government; (G) estimates of the return to the economy from public works investment; (H) any trends or innovations in infrastructure procurement methods; and (I) any trends or innovations in construction methods or materials. (3) Consultation.--In carrying out paragraph (1), the Commission shall consult with appropriate stakeholders, including-- (A) the Secretary of the Army; (B) the Secretary of Agriculture; (C) the Secretary of Transportation; (D) the Administrator of the Environmental Protection Agency; (E) the Secretary of Commerce; (F) the Secretary of Education; (G) the Secretary of Energy; (H) the Secretary of the Treasury; (I) the Secretary of the Interior; (J) the Administrator of General Services; (K) associations representing private sector stakeholders; (L) associations representing State and local governments; and (M) such other individuals and entities as are determined to be appropriate by the Commission. (4) Resources; data.--In carrying out paragraph (1), to the maximum extent practicable, the Commission shall-- (A) use existing studies, data, sampling techniques, and reports of other commissions; and (B) if collecting new data under this section, make every effort to ensure that the data is collected in consultation with the States so as to ensure that uniform methods, categories, and analyses are used. (b) Recommendations.--The Commission shall develop recommendations-- (1) on a Federal infrastructure plan that will detail national infrastructure program priorities, including alternative methods of meeting national infrastructure needs to effectuate balanced growth and economic development; (2) on public works improvements and methods of delivering and providing for public work facilities; (3) for analysis or criteria and procedures that may be used by Federal agencies and State and local governments in-- (A) inventorying existing and needed public works improvements; (B) assessing the condition of public works improvements; and (C) developing uniform criteria and procedures for use in conducting those inventories and assessments; and (4) for proposed guidelines for the uniform reporting, by Federal agencies, of construction, acquisition, rehabilitation, and maintenance data with respect to infrastructure improvements. (c) Statement and Recommendations.--Not later than February 15, 2007, the Commission shall submit to Congress-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission under subsection (b), including recommendations for such legislation and administrative actions for 5-, 15-, 30-, and 50-year time periods as the Commission considers to be appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission shall hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the Federal agency shall provide the information to the Commission. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Contracts.--The Commission may enter into contracts with other entities, including contracts under which 1 or more entities, with the guidance of the Commission, conduct the study required under section 4(a). (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall serve without pay, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws, including regulations, appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by a majority of the members of the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--In no event shall any employee of the Commission (other than the executive director) receive as compensation an amount in excess of the maximum rate of pay for Executive Level IV under section 5315 of title 5, United States Code. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of a Federal employee shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--On request of the Commission, the Secretary of the Army, acting through the Chief of Engineers, shall provide, on a reimbursable basis, such office space, supplies, equipment, and other support services to the Commission and staff of the Commission as are necessary for the Commission to carry out the duties of the Commission under this Act. SEC. 7. CONGRESSIONAL BUDGET OFFICE REVIEW. Not later than 90 days after the date on which the report under section 4(c) is submitted to Congress by the Commission, the Congressional Budget Office shall review the report and submit a report on the results of the review to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 8. FUNDING. (a) Fiscal Year 2005.--For fiscal year 2005, from amounts otherwise made available to the Secretary of the Army for the purpose of civil works for that fiscal year, the Secretary of the Army shall transfer to the Commission such amount, not to exceed $2,000,000, as the Commission may request to carry out this Act. (b) Future Fiscal Years.--There is authorized to be appropriated to the Commission to carry out this Act $1,000,000 for each of fiscal years 2006 and 2007. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate on September 30, 2007.
National Infrastructure Improvement Act of 2004 - Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand and facilitates economic growth. Requires the Commission to study the state of U.S. infrastructure, including such matters as: (1) the capacity of infrastructure improvements to sustain economic development; (2) the age and condition of public infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of public works improvements; (4) investment requirements needed to maintain and to improve facilities and the projected share of investment requirements and expenditures on infrastructure facility improvements by Federal, State, and local governments; and (5) estimates of the return to the economy from public works investment. Directs the Commission to develop recommendations regarding: (1) a Federal infrastructure plan that will detail national infrastructure program priorities; (2) public works improvements and methods of delivering and providing for public work facilities; (3) analysis or criteria and procedures that may be used by Federal agencies and State and local governments in inventorying existing and needed public works improvements, assessing the condition of improvements, and developing uniform criteria and procedures; and (4) proposed guidelines for the uniform reporting by Federal agencies of data regarding infrastructure improvements.
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SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Detail for Training.--(1) Section 4301(c) of title 10, United States Code, is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 9301(c) of such title is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (e) Other Senior National Guard Bureau Officers.--Section 10506(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (f) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (g) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(i)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking ``its commanding general'' and inserting ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (e) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (f) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (g) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION INITIATIVES. Section 4416(a)(3) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by striking ``or territory, Puerto Rico, or the District of Columbia'' and inserting ``, territory, or the Commonwealth of Puerto Rico, or the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.
Amends the District of Columbia Code to make the Mayor of the District of Columbia (currently, the President of the United States) the Commander-in-Chief of the militia of the District. Makes conforming amendments to comply with this Act to: (1) Title 10 (Armed Forces); (2) Title 32 (National Guard); (3) the National Defense Authorization Act for Fiscal Year 1993; and (4) the District of Columbia Home Rule Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection Against Wasteful Spending Act of 2014''. SEC. 2. REPORT RECOMMENDATIONS OF WASTEFUL AND EXCESSIVE SPENDING REQUIRED. (a) Implementation of Report Recommendations Required.--With respect to each of fiscal years 2014 through 2020 and except as provided in subsection (b), not later than 4 years after the submission of a report regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending, by an inspector general of an agency (in this Act, referred to as the ``IG report''), the head of the agency shall implement all of the recommendations in such report. (b) Exception.--The implementation requirement in subsection (a) shall not apply to a recommendation by an inspector general that would violate an existing law. With regard to any such recommendation, the head of the relevant agency shall submit to Congress a description of the necessary change to the law to legally implement the recommendation. (c) Report Required.-- (1) Initial report.--Not later than 6 months after the submission of an IG report, or 6 months after the date of the enactment of this Act, whichever is later, the head of the relevant agency shall submit to Congress a report on-- (A) the progress of the implementation of each recommendation in the IG report; (B) the time period required to complete each such implementation; (C) the wasteful and excessive spending, and duplicative programs causing wasteful and excessive spending within each agency described in the IG report; (D) the savings created from the completion of implementing each recommendation; and (E) the reason each recommendation was not implemented before the submission of the IG report. (2) Subsequent reports.--Not later than 13 months, and yearly thereafter until an updated report is submitted for fiscal year 2020, after the submission of an IG report, the head of the relevant agency shall submit to Congress an updated report on the information described in subparagraphs (A) through (E) of paragraph (1). SEC. 3. FAILURE TO IMPLEMENT RECOMMENDATIONS. (a) In General.--Any agency that fails to implement a recommendation from an IG report, that is not an exception under section 2(b), in a timely manner, may not obligate any funds available to such agency for-- (1) convention or seminar attendance and international or domestic travel by any politically-appointed official; or (2) any bonus or salary increase, performance or otherwise, with respect to such an official. (b) Funds Subject to Obligation Limitation.--On the date that is 60 days after the submission of a report pursuant to section 2(c) that shows that an agency has failed to implement a recommendation of an IG report in a timely manner, of the funds prohibited from being obligated pursuant to subsection (a) (if any)-- (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. (c) Timely Manner Defined.--In this section, the term ``timely manner'' means, as determined by the Director of the Office of Management and Budget, in consultation with the Comptroller General and the inspector general of the relevant agency, with regard to the implementation of a recommendation from an IG report, that is not an exception under section 2(b)-- (1) 30 percent completion of such recommendation within the first year following the submission of the IG report; and (2) 70 percent completion of such recommendation within the second year following the submission of the IG report. SEC. 4. USE OF SAVINGS. Of the savings (if any) from the implementation of a recommendation from an IG report pursuant to this Act-- (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; and (2) the term ``politically-appointed official'' means any employee of the Federal Government who is-- (A) not paid under the General Schedule (chapter 53 of title 5, United States Code); and (B) appointed by the President by and with the advice and consent of the Senate.
Protection Against Wasteful Spending Act of 2014 - Requires the head of a federal agency to: (1) implement in each of fiscal years 2014-2020 all of the recommendations of the agency's inspector general (IG) regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending, except for any recommendation that would violate an existing law; and (2) report to Congress on such implementation. Prohibits an agency that fails to implement an IG recommendation in a timely manner from obligating funds for: (1) convention or seminar attendance and international or domestic travel by any politically-appointed official, or (2) any bonus or salary increase for such official. Directs that such funds that are prohibited from being obligated and amounts saved by the implementation of IG recommendations be credited or transferred equally to: (1) the Highway Trust Fund, and (2) the Administrator of the Environmental Protection Agency (EPA) for capitalization grants for state water pollution control revolving funds under the Clean Water Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Protection in Federal Databases Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many Federal national security, law enforcement, and intelligence agencies are currently accessing large databases, both public and private, containing information that was not initially collected for national security, law enforcement, or intelligence purposes. (2) These databases contain personal and sensitive information on millions of United States persons. (3) Some of these databases are subject to Federal privacy protections when in private sector control. (4) Risks to personal privacy are heightened when personal information from different sources, including public records, is aggregated in a single file and made accessible to thousands of national security, law enforcement, and intelligence personnel. (5) It is unclear what standards, policies, procedures, and guidelines govern the access to or use of these public and private databases by the Federal Government. (6) It is unclear what Federal Government agencies believe they legally can and cannot do with the information once acquired. (7) The Federal Government should be required to adhere to clear civil liberties and privacy standards when accessing personal information. (8) There is a need for clear accountability standards with regard to the accessing or usage of information contained in public and private databases by Federal agencies. (9) Without accountability, individuals and the public have no way of knowing who is reading, using, or disseminating personal information. (10) The Federal Government should not access personal information on United States persons without some nexus to suspected counterintelligence, terrorist, or other illegal activity. SEC. 3. LIMITATION ON USE OF FUNDS FOR PROCUREMENT OR ACCESS OF COMMERCIAL DATABASES PENDING REPORT ON USE OF INFORMATION. (a) Limitation.--Notwithstanding any other provision of law, commencing 60 days after the date of the enactment of this Act, no funds appropriated or otherwise made available to the Department of Justice, the Department of Defense, the Department of Homeland Security, the Central Intelligence Agency, the Department of Treasury, or the Federal Bureau of Investigation may be obligated or expended by such department or agency on the procurement of or access to any commercially available database unless such head of such department or agency submits to Congress the report required by subsection (b) not later than 60 days after the date of the enactment of this Act. (b) Report.--(1) The Attorney General, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation shall each prepare, submit to the appropriate committees of Congress, and make available to the public a report, in writing, containing a detailed description of any use by the department or agency under the jurisdiction of such official, or any national security, intelligence, or law enforcement element under the jurisdiction of the department or agency, of databases that were obtained from or remain under the control of a non-Federal entity, or that contain information that was acquired initially by another department or agency of the Federal Government for purposes other than national security, intelligence or law enforcement, regardless of whether any compensation was paid for such databases. (2) Each report shall include-- (A) a list of all contracts, memoranda of understanding, or other agreements entered into by the department or agency, or any other national security, intelligence, or law enforcement element under the jurisdiction of the department or agency for the use of, access to, or analysis of databases that were obtained from or remain under the control of a non-Federal entity, or that contain information that was acquired initially by another department or agency of the Federal Government for purposes other than national security, intelligence, or law enforcement; (B) the duration and dollar amount of such contracts; (C) the types of data contained in the databases referred to in subparagraph (A); (D) the purposes for which such databases are used, analyzed, or accessed; (E) the extent to which such databases are used, analyzed, or accessed; (F) the extent to which information from such databases is retained by the department or agency, or any national security, intelligence, or law enforcement element under the jurisdiction of the department or agency, including how long the information is retained and for what purpose; (G) a thorough description, in unclassified form, of any methodologies being used or developed by the department or agency, or any intelligence or law enforcement element under the jurisdiction of the department or agency, to search, access, or analyze such databases; (H) an assessment of the likely efficacy of such methodologies in identifying or locating criminals, terrorists, or terrorist groups, and in providing practically valuable predictive assessments of the plans, intentions, or capabilities of criminals, terrorists, or terrorist groups; (I) a thorough discussion of the plans for the use of such methodologies; (J) a thorough discussion of the activities of the personnel, if any, of the department or agency while assigned to the Terrorist Threat Integration Center; and (K) a thorough discussion of the policies, procedures, guidelines, regulations, and laws, if any, that have been or will be applied in the access, analysis, or other use of the databases referred to in subparagraph (A), including-- (i) the personnel permitted to access, analyze, or otherwise use such databases; (ii) standards governing the access, analysis, or use of such databases; (iii) any standards used to ensure that the personal information accessed, analyzed, or used is the minimum necessary to accomplish the intended legitimate Government purpose; (iv) standards limiting the retention and redisclosure of information obtained from such databases; (v) procedures ensuring that such data meets standards of accuracy, relevance, completeness, and timeliness; (vi) the auditing and security measures to protect against unauthorized access, analysis, use, or modification of data in such databases; (vii) applicable mechanisms by which individuals may secure timely redress for any adverse consequences wrongfully incurred due to the access, analysis, or use of such databases; (viii) mechanisms, if any, for the enforcement and independent oversight of existing or planned procedures, policies, or guidelines; and (ix) an outline of enforcement mechanisms for accountability to protect individuals and the public against unlawful or illegitimate access or use of databases. SEC. 4. GENERAL PROHIBITIONS. (a) In General.--Notwithstanding any other provision of law, no department, agency, or other element of the Federal Government, or officer or employee of the Federal Government, may conduct a search or other analysis for national security, intelligence, or law enforcement purposes of a database based solely on a hypothetical scenario or hypothetical supposition of who may commit a crime or pose a threat to national security. (b) Construction.--The limitation in subsection (a) shall not be construed to endorse or allow any other activity that involves use or access of databases referred to in section 3(b)(2)(A). SEC. 5. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and (B) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. (2) Database.--The term ``database'' means any collection or grouping of information about individuals that contains personally identifiable information about individuals, such as individual's names, or identifying numbers, symbols, or other identifying particulars associated with individuals, such as fingerprints, voice prints, photographs, or other biometrics. The term does not include telephone directories or information publicly available on the Internet without fee. (3) United states person.--The term ``United States person'' has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).
Citizens' Protection in Federal Databases Act - Directs the Attorney General, the Secretaries of Defense, Homeland Security, and Treasury, and the Directors of Central Intelligence and the Federal Bureau of Investigation (FBI) to submit to specified congressional committees and make available to the public a written report detailing any use by the agency, or by any national security, intelligence, or law enforcement element under that agency's jurisdiction, of databases that were obtained from or remain under the control of a nonfederal entity, or that contain information that was acquired initially by another Federal agency for purposes other than national security, intelligence, or law enforcement. Prohibits the obligation or expenditure of funds by those agencies on the procurement of or access to any commercially available database unless that report has been submitted within 60 days. Sets forth report requirements, including information on contracts entered into for the use of, access to, or analysis of databases that were obtained from a nonfederal entity for specified purposes.. Prohibits any Government entity, officer, or employee from conducting a search or other analysis of a database for national security, intelligence, or law enforcement purposes based solely on a hypothetical scenario or supposition of who may commit a crime or pose a threat to national security.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Employee Retirement Security Act of 1996''. SEC. 2. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415. (a) Compensation Limit.--Subsection (b) of section 415 of the Internal Revenue Code of 1986 is amended by adding immediately after paragraph (10) the following new paragraph: ``(11) Special limitation rule for governmental plans.--In the case of a governmental plan (as defined in section 414(d)), subparagraph (B) of paragraph (1) shall not apply.'' (b) Treatment of Certain Excess Benefit Plans.-- (1) In general.--Section 415 of such Code is amended by adding at the end the following new subsection: ``(m) Treatment of Qualified Governmental Excess Benefit Arrangements.-- ``(1) Governmental plan not affected.--In determining whether a governmental plan (as defined in section 414(d)) meets the requirements of this section, benefits provided under a qualified governmental excess benefit arrangement shall not be taken into account. Income accruing to a governmental plan (or to a trust that is maintained solely for the purpose of providing benefits under a qualified governmental excess benefit arrangement) in respect of a qualified governmental excess benefit arrangement shall constitute income derived from the exercise of an essential governmental function upon which such governmental plan (or trust) shall be exempt from tax under section 115. ``(2) Taxation of participant.--For purposes of this chapter-- ``(A) the taxable year or years for which amounts in respect of a qualified governmental excess benefit arrangement are includible in gross income by a participant, and ``(B) the treatment of such amounts when so includible by the participant, shall be determined as if such qualified governmental excess benefit arrangement were treated as a plan for the deferral of compensation which is maintained by a corporation not exempt from tax under this chapter and which does not meet the requirements for qualification under section 401. ``(3) Qualified governmental excess benefit arrangement.-- For purposes of this subsection, the term `qualified governmental excess benefit arrangement' means a portion of a governmental plan if-- ``(A) such portion is maintained solely for the purpose of providing to participants in the plan that part of the participant's annual benefit otherwise payable under the terms of the plan that exceeds the limitations on benefits imposed by this section, ``(B) under such portion no election is provided at any time to the participant (directly or indirectly) to defer compensation, and ``(C) benefits described in subparagraph (A) are not paid from a trust forming a part of such governmental plan unless such trust is maintained solely for the purpose of providing such benefits.'' (2) Coordination with section 457.--Subsection (e) of section 457 of such Code is amended by adding at the end the following new paragraph: ``(14) Treatment of qualified governmental excess benefit arrangements.--Subsections (b)(2) and (c)(1) shall not apply to any qualified governmental excess benefit arrangement (as defined in section 415(m)(3)), and benefits provided under such an arrangement shall not be taken into account in determining whether any other plan is an eligible deferred compensation plan.'' (3) Conforming amendment.--Paragraph (2) of section 457(f) of such Code 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) a qualified governmental excess benefit arrangement described in section 415(m).'' (c) Exemption for Survivor and Disability Benefits.--Paragraph (2) of section 415(b) of such Code is amended by adding at the end the following new subparagraph: ``(I) Exemption for survivor and disability benefits provided under governmental plans.--Paragraph (5) and subparagraph (C) of this paragraph shall not apply to-- ``(i) income received from a governmental plan (as defined in section 414(d)) as a pension, annuity, or similar allowance as the result of the recipient becoming disabled by reason of personal injuries or sickness, or ``(ii) amounts received from a governmental plan by the beneficiaries, survivors, or the estate of an employee as the result of the death of the employee.'' (d) Revocation of Grandfather Election.-- (1) In general.--Subparagraph (C) of section 415(b)(10) of such Code is amended by adding at the end the following new clause: ``(ii) Revocation of election.--An election under clause (i) may be revoked not later than the last day of the third plan year beginning after the date of the enactment of this clause. The revocation shall apply to all plan years to which the election applied and to all subsequent plan years. Any amount paid by a plan in a taxable year ending after the revocation shall be includible in income in such taxable year under the rules of this chapter in effect for such taxable year, except that, for purposes of applying the limitations imposed by this section, any portion of such amount which is attributable to any taxable year during which the election was in effect shall be treated as received in such taxable year.'' (2) Conforming amendment.--Subparagraph (C) of section 415(b)(10) of such Code is amended by striking ``This'' and inserting: ``(i) In general.--This''. (e) Compensation.--Subsection (k) of section 415 of such Code is amended by adding at the end the following new paragraph: ``(3) Definition of compensation for government plans.--For purposes of this section, in the case of a governmental plan (as defined in section 414(d)), the term `compensation' includes, in addition to the amounts described in subsection (c)(3)-- ``(A) any elective deferral (as defined in section 402(g)(3)), and ``(B) any amount which is contributed by the employer at the election of the employee and which is not includible in the gross income of the employee under section 125 or 457.'' (f) Effective Date.-- (1) In general.--The amendments made by subsections (a), (b), (c), and (e) shall apply to years beginning after the date of the enactment of this Act. The amendments made by subsection (d) shall apply with respect to revocations adopted after the date of the enactment of this Act. (2) Treatment for years beginning before date of enactment.--Nothing in the amendments made by this section shall be construed to infer that a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) fails to satisfy the requirements of section 415 of such Code for any taxable year beginning before the date of the enactment of this Act. SEC. 3. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS. (a) Special Rules for Plan Distributions.--Paragraph (9) of section 457(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended to read as follows: ``(9) Benefits not treated as made available by reason of certain elections, etc.-- ``(A) Total amount payable is $3,500 or less.--The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to receive such amount (or the plan may distribute such amount without the participant's consent) if-- ``(i) such amount does not exceed $3,500, and ``(ii) such amount may be distributed only if-- ``(I) no amount has been deferred under the plan with respect to such participant during the 2-year period ending on the date of the distribution, and ``(II) there has been no prior distribution under the plan to such participant to which this subparagraph applied. A plan shall not be treated as failing to meet the distribution requirements of subsection (d) by reason of a distribution to which this subparagraph applies. ``(B) Election to defer commencement of distributions.--The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to defer commencement of distributions under the plan if-- ``(i) such election is made after amounts may be available under the plan in accordance with subsection (d)(1)(A) and before commencement of such distributions, and ``(ii) the participant may make only 1 such election.''. (b) Cost-of-Living Adjustment of Maximum Deferral Amount.-- Subsection (e) of section 457 of such Code, as amended by section 2(b)(2) (relating to governmental plans), is amended by adding at the end the following new paragraph: ``(15) Cost-of-living adjustment of maximum deferral amount.--The Secretary shall adjust the $7,500 amount specified in subsections (b)(2) and (c)(1) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter ending September 30, 1995, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS. (a) In General.--Section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Governmental Plans Must Maintain Set Asides for Exclusive Benefit of Participants.-- ``(1) In general.--A plan maintained by an eligible employer described in subsection (e)(1)(A) shall not be treated as an eligible deferred compensation plan unless all assets and income of the plan described in subsection (b)(6) are held in trust for the exclusive benefit of participants and their beneficiaries. ``(2) Taxability of trusts and participants.--For purposes of this title-- ``(A) a trust described in paragraph (1) shall be treated as an organization exempt from taxation under section 501(a), and ``(B) notwithstanding any other provision of this title, amounts in the trust shall be includible in the gross income of participants and beneficiaries only to the extent, and at the time, provided in this section. ``(3) Custodial accounts and contracts.--For purposes of this subsection, custodial accounts and contracts described in section 401(f) shall be treated as trusts under rules similar to the rules under section 401(f).'' (b) Conforming Amendment.--Paragraph (6) of section 457(b) of such Code is amended by inserting ``except as provided in subsection (g),'' before ``which provides that''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to assets and income described in section 457(b)(6) of such Code held by a plan on and after the date of the enactment of this Act. (2) Transition rule.--In the case of assets and income described in paragraph (1) held by a plan before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature of the State in which the governmental entity maintaining the plan is located beginning after the date of the enactment of this Act, a trust need not be established by reason of the amendments made by this section before such first day. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
Public Employee Retirement Security Act of 1996 - Amends the Internal Revenue Code to make inapplicable to defined benefit governmental plans a rule limiting benefits to 100 percent of a participant's average compensation for the participant's high three years. Provides for the treatment of and defines qualified governmental excess benefit arrangements. Exempts survivor and disability benefits under governmental plans from certain otherwise required benefit reductions. Revises provisions concerning the treatment of deferred benefits plans of State and local governments and tax-exempt organizations.
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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.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Recovery from Trauma Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to a 2002 Government Accountability Office report (GAO-02-813), large numbers of children experience trauma-related mental health problems, while at the same time facing barriers to receiving appropriate mental health care. (2) According to the National Institute of Mental Health, only 36 percent of youth with any mental disorder received services, and only half of these youth who were severely impaired by their mental disorder received any professional mental health treatment. Of those with anxiety disorders (including post traumatic stress disorder), only 18 percent received services. Half of all lifetime cases of mental illness begin by age 14, and that despite effective treatments that have been developed, there are long delays, sometimes decades, between first onset of symptoms and when treatment is obtained. (3) Findings from the Adverse Childhood Experiences Study have shown that adverse childhood experiences predispose children towards negative trajectories from infancy to adulthood. (4) The Great Smoky Mountains Study, a representative longitudinal study of children, found that by age 16, more than 67 percent of the children had been exposed to one or more traumatic events, such as child maltreatment, domestic violence, or sexual assault (Copeland et al, 2007). (5) According to the National Institute of Mental Health, the lifetime prevalence of post-traumatic stress disorder for 13 to 18 year olds is 4 to 6 percent (NIMH, 2010). In 2007, the National Institute of Mental Health reported that adults who were abused or neglected as children have increased risk of major depression, often beginning in childhood with long- lasting effects. (6) According to the Department of Defense, more than 700,000 children have experienced one or more parental deployments. Children's reactions to a parent's deployment vary by a child's developmental stage, age, and presence of any preexisting psychological or behavioral problems. The mental health of the parent is often a key factor affecting the child's distress level. Parents reporting clinically significant stress are more likely to have children identified as high risk for psychological and behavioral problems. (7) The National Intimate Partner and Sexual Violence Survey revealed that nearly 1 in 5 women reported having been the victim of a rape at some time during their lives. Forty-two percent experienced their first rape before the age of 18. (8) The National Child Traumatic Stress Network collected data on 14,088 children and adolescents served by 56 Network service centers across the country from 2004 to 2010, examining the prevalence of exposure to a wide range of trauma types, access to services, and child outcomes outcome. Nearly 80 percent of children referred for screening and evaluation reported experiencing at least one type of traumatic event. Of the 11,104 children and adolescents who reported trauma exposure, 77 percent had experienced more than one type of trauma and 31 percent had experienced five or more types. (9) The children served by the National Child Traumatic Stress Network are involved with many different kinds of child- serving systems. Of those receiving service, 65 percent had received social services and 35 percent had received school- based services. After treatment, significant improvements were made in trauma symptoms, mental health diagnoses, and behavioral problems. SEC. 3. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is amended to read as follows: ``SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. ``(a) In General.--The Secretary shall award grants, contracts or cooperative agreements to public and nonprofit private entities, as well as to Indian tribes and tribal organizations, for the purpose of developing and maintaining programs that provide for-- ``(1) the continued operation of the National Child Traumatic Stress Initiative (referred to in this section as the `NCTSI') that focus on the mental, behavioral, and biological aspects of psychological trauma response; and ``(2) the development of knowledge with regard to evidence- based practices for identifying and treating mental, behavioral, and biological disorders of children and youth resulting from witnessing or experiencing a traumatic event. ``(b) Priorities.--In awarding grants, contracts or cooperative agreements under subsection (a)(2) (related to the development of knowledge on evidence-based practices for treating mental, behavioral, and biological disorders associated with psychological trauma), the Secretary shall give priority to universities, hospitals, mental health agencies, and other community-based child-serving programs that have established clinical and research experience in the field of trauma- related mental disorders. ``(c) Child Outcome Data.--The NCTSI coordinating center shall collect, analyze, and report NCTSI-wide child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of evidence-based treatment and services delivered to children and families served by the NCTSI grantees. ``(d) Training.--The NCTSI coordinating center shall oversee the continuum of interprofessional training initiatives in evidence-based and trauma-informed treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems. ``(e) Dissemination.--The NCTSI coordinating center shall collaborate with the Secretary in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources to all child-serving systems and policymakers. ``(f) Review.--The Secretary shall establish consensus-driven, in- person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. ``(g) Geographical Distribution.--The Secretary shall ensure that grants, contracts or cooperative agreements under subsection (a) are distributed equitably among the regions of the United States and among urban and rural areas. Notwithstanding the previous sentence, expertise and experience in the field of trauma-related disorders shall be prioritized in the awarding of such grants are required under subsection (b). ``(h) Evaluation.--The Secretary, as part of the application process, shall require that each applicant for a grant, contract or cooperative agreement under subsection (a) submit a plan for the rigorous evaluation of the activities funded under the grant, contract or agreement, including both process and outcome evaluation, and the submission of an evaluation at the end of the project period. ``(i) Duration of Awards.--With respect to a grant, contract or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. Such grants, contracts or agreements may be renewed. Expertise and experience in the field of trauma-related disorders shall be a priority for new and continuing awards. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2014, and such sums as may be necessary for each of fiscal years 2015 through 2024.''.
Children's Recovery from Trauma Act - Amends the Public Health Service Act to reauthorize and revise the National Child Traumatic Stress Initiative (NCTSI). Requires the NCTSI coordinating center to: (1) collect, analyze, and report NCTSI child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of treatment and services delivered to children and families served by the NCTSI grantees; (2) oversee interprofessional training initiatives in treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems; and (3) collaborate with the Secretary of Health and Human Services (HHS) in the dissemination of interventions, treatments, products, and other resources to all child-serving systems and policymakers. Directs the Secretary to establish consensus-driven, in-person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. Requires the Secretary, in awarding grants under NCTSI, to prioritize expertise and experience in the field of trauma-related disorders over geographic distribution of grantees. Extends the duration of a grant from five years to six years. Gives expertise and experience in the field of trauma-related disorders priority for new and continuing awards.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Development for Educators Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Through careful development, teachers can build their effectiveness over time, thus improving student achievement. (2) Ongoing professional development of teachers in the subjects they teach is essential for improved student learning. (3) United States teachers generally spend more time instructing students and less time in professional learning opportunities with their peers than teachers in top-performing countries. (4) It takes time, resources, and support for teachers to become highly effective in their classrooms. Teachers participating in quality teacher professional development must be given time to implement what they have learned. SEC. 3. PROFESSIONAL DEVELOPMENT FOR EDUCATORS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--PROFESSIONAL DEVELOPMENT FOR EDUCATORS ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Eligible partner.--The term `eligible partner' means an entity that-- ``(A) has demonstrated expertise in improving student outcomes or teacher effectiveness; and ``(B) is-- ``(i) a State or local government agency; ``(ii) a State or local economic development agency; ``(iii) a statewide industry organization; ``(iv) a nonprofit organization; ``(v) a philanthropic organization; ``(vi) an institution of higher education; ``(vii) an industry association; or ``(viii) any other organization determined appropriate by the State or, in the case of grants awarded under section 2502(d), the Secretary. ``(2) Quality professional development.--The term `quality professional development' shall, for each State and local educational agency in a State, have the meaning given the term by the State in accordance with section 2503(b)(1). ``SEC. 2502. PROGRAM AUTHORIZED; ALLOTMENTS. ``(a) Program Authorized.--From amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall make allotments in accordance with subsection (c) to States to enable the States to award subgrants to local educational agencies for the purpose of providing professional development activities to educators. ``(b) Reservation.--From the amounts appropriated to carry out this part, the Secretary may reserve-- ``(1) not more than 1 percent for national activities that support the purposes of this part, such as providing technical assistance and the costs of administering this part; and ``(2) not more than 1 percent for payments to outlying areas and the Bureau of Indian Education, to be distributed in amounts determined by the Secretary based on relative need, to carry out the activities described in this part to benefit the schools served by the outlying areas and schools operated or funded by the Bureau. ``(c) State Allotments.-- ``(1) Formula determination.--For each fiscal year, the Secretary shall allot, to each State with an approved application, an amount that bears the same relation to the amount appropriated to carry out this part and not reserved under subsection (b) for such fiscal year, as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amounts received by all States with approved applications under such subpart for the preceding fiscal year. ``(2) Minimum grant amount.--Notwithstanding paragraph (1), no State shall receive an allotment under such paragraph for a fiscal year that is less than one-half of 1 percent of the amount appropriated to carry out this part and not reserved under subsection (b) for such fiscal year. ``(d) Allotments to Certain Local Educational Agencies.-- ``(1) In general.--If a State does not submit an approvable application under this part for a fiscal year, the Secretary shall use the State's allotment under subsection (c) for the fiscal year to award an allotment described in paragraph (2) to each local educational agency within the State that submits an approved application. ``(2) Amount of allotment.--The allotment to a local educational agency under this subsection for a fiscal year shall be the amount that bears the same relation to the total amount of the State's allotment for such fiscal year as the amount the local educational agency received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount that all local educational agencies with approved applications in the State received under such subpart for such year. ``(3) Notification and application process.--The Secretary shall notify local educational agencies in a State described in paragraph (1) of the opportunity to apply for funds under this part and of the application requirements. A local educational agency's application for an allotment under this subsection shall include the information described in paragraphs (1) and (2) of section 2504(b) and shall be submitted at such time, in such manner, and containing such other information as required by the Secretary. ``(4) Rules and requirements.--The requirements of subsections (a), (c), and (d) of section 2504 shall apply to a local educational agency receiving an allotment under this subsection in the same manner as such requirements apply to a local educational agency receiving an allocation under such section. A local educational agency receiving an allotment under this subsection shall submit an annual report to the Secretary regarding the progress made under the grant and the activities carried out with grant funds. ``(e) Application.--A State desiring an allotment under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 2503. STATE USE OF FUNDS. ``(a) In General.--A State that receives an allotment under this part shall-- ``(1) carry out the State activities described in subsection (b), except that the State may not use not more than 20 percent of the State's allotment for this purpose; and ``(2) use not less than 80 percent of the State's allotment to award subgrants, on a competitive basis or through allocations based on a formula that the State determines will best meet the needs of this part, to local educational agencies under section 2504 to enable the local educational agencies to carry out the activities described in such section. ``(b) State Activities.--A State that receives an allotment under this part shall use funds described in subsection (a)(1) to carry out all of the following: ``(1) Develop, in collaboration with the local educational agencies in the State and with the input of teachers and principals employed by the local educational agencies, a definition of, and the criteria for, quality professional development activities, which shall include a requirement that such activities are regularly evaluated for their impact on increasing teacher effectiveness and improving student achievement. ``(2) Design and implement methods for evaluating quality professional development activities occurring in the State. ``(3) Make recommendations, to the State educational agency and to local educational agencies, to improve quality professional development activities in the State. ``(4) Design and maintain a registry that is an electronic and searchable method of storing information regarding quality professional development activities. The registry shall be searchable by relevant criteria, including-- ``(A) subject matter; ``(B) grade level; ``(C) location; ``(D) credits, credentials, or certificates that may be earned; and ``(E) entity providing the activity. ``(5) Hire regional professional development coordinators to work as liaisons between the State and local educational agencies to assess existing professional development activities, assist in creating new quality professional development activities, provide to the State the quality professional development activities to be included in the registry described in paragraph (4), and carry out other activities to further the purposes of this part. ``(6) Evaluate the professional development activities available in the State. ``(7) Prepare, and submit to the Secretary, an annual report regarding the progress made under the grant under this part, including the activities carried out by the State educational agency and the local educational agencies in the State with grant funds. ``SEC. 2504. LOCAL EDUCATIONAL AGENCY USE OF FUNDS. ``(a) In General.--A local educational agency that receives a subgrant under this part shall use subgrant funds to carry out the activities described in subsection (c). ``(b) Application.--A local educational agency desiring a subgrant under this part shall submit an application to the State at such time, in such manner, and containing such information as the State may reasonably require. Each application shall include-- ``(1) a description of any eligible partners with which the local educational agency will work to carry out the subgrant activities; and ``(2) a description of how the local educational agency will meet the requirement of subsection (c)(1)(B). ``(c) Use of Funds.-- ``(1) Mandatory uses of funds.--Each local educational agency receiving a subgrant under this part shall-- ``(A) use grant funds to provide information to the State regarding available quality professional development activities for inclusion in the statewide registry described in section 2503(b)(4); and ``(B) dedicate not less than 25 percent of the subgrant funds for quality professional development activities that involve science, technology, engineering, mathematics, and career and technical education. ``(2) Permissive uses of funds.--A local educational agency receiving a subgrant under this part may, in addition to the activities described in paragraph (1), use grant funds to-- ``(A) carry out quality professional development activities, as defined by the State under section 2503(b)(1); ``(B) provide updated information to teachers on changes in curricula, assessments, and educational research; ``(C) provide mentors to teachers or principals; ``(D) provide information on leadership opportunities; ``(E) create local educational agency-wide and school-based quality professional development plans that emphasize multiple grade levels; ``(F) develop new quality professional development activities to meet local and regional needs; ``(G) establish systematic quality professional development training opportunities for teachers and principals; ``(H) evaluate professional development activities; ``(I) evaluate the professional development activities currently being offered in the region; and ``(J) carry out other activities approved by the State. ``SEC. 2505. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this part. ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.''. (b) Conforming Amendments.--The table of contents of section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--Professional Development for Educators ``Sec. 2501. Definitions. ``Sec. 2502. Program authorized. ``Sec. 2503. State use of funds. ``Sec. 2504. Local educational agency use of funds. ``Sec. 2505. Supplement not supplant. ``Sec. 2506. Authorization of appropriations.''.
Professional Development for Educators Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to allot grants to states and, through them, award or allot subgrants to local educational agencies (LEAs) to provide professional development to educators. Makes each state's allotment equivalent to its share of school improvement funds under part A of title I of the ESEA. Requires states to use a portion of their allotment to: establish the criteria for quality professional development activities, which must include the requirement that those activities are regularly assessed on the basis of their impact on teacher effectiveness and student achievement; design and implement methods for evaluating quality professional development activities; make recommendations for improving those activities; design and maintain an electronic, searchable, statewide registry of quality professional development activities; hire regional professional development coordinators to work as liaisons between the state and LEAs regarding those activities; evaluate professional development activities; and submit annual reports to the Secretary regarding the progress they make under the grant program. Requires LEAs to use their subgrants to: (1) inform their states of quality professional development activities that are available for inclusion in the statewide registry; and (2) dedicate at least 25% of each subgrant to quality professional development activities that involve science, technology, engineering, mathematics, and career and technical education.
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SECTION 1. IMMEDIATE ENTITLEMENT TO BENEFITS IN PRORATED AMOUNT FOR FIRST MONTH IN WHICH REQUIREMENTS ARE MET. (a) Old-Age Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``beginning with--'' and all that follows and inserting the following: ``beginning with the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3) and ending with the month preceding the month in which he or she dies.''. (2) Proration for first month.--The second sentence of section 202(a) of such Act (42 U.S.C. 402(a)) is amended by inserting before the period at the end the following: ``; except that, in the case of an individual who has attained age 62 but has not attained retirement age (as defined in section 216(1)), the benefit for the first month in which he or she meets the criteria specified in paragraphs (1), (2), and (3) of this subsection shall be equal to an amount which bears the same ratio to the benefit which would be determined for such individual under the preceding provisions of this sentence as the number of days in such month on which he or she meets such criteria bears to 30''. (b) Wife's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(b)(2) of such Act (42 U.S.C. 402(b)(2)) is amended by inserting before the period at the end the following: ``; except that, in the case of a wife or divorced wife who has not attained retirement age (as defined in section 216(1)) or whose husband (or, in the case of a divorced wife, whose former husband) is entitled to disability insurance benefits, the benefit for the first month in which she meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for her under the preceding provisions of this paragraph as the number of days in such month on which she meets such criteria bears to 30''. (c) Husband's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(c)(3) of such Act (42 U.S.C. 402(c)(3)) is amended by inserting before the period at the end the following: ``; except that, in the case of a husband or divorced husband who has not attained retirement age (as defined in section 216(1)) or whose wife (or, in the case of a divorced husband, whose former wife) is entitled to disability insurance benefits, the benefit for the first month in which he meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for him under the preceding provisions of this paragraph as the number of days in such month on which he meets such criteria bears to 30''. (d) Child's Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by striking ``beginning with--'' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which such meets the criteria specified in subparagraphs (A), (B), and (C) and ending with''. (2) Proration for first month.--The first sentence of section 202(d)(2) of such Act (42 U.S.C. 402(d)(2)) is amended by inserting before the period at the end the following: ``; except that the benefit for the first month in which the child meets the criteria specified in subparagraphs (A), (B), and (C) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for the child under the preceding provisions of this sentence as the number of days in such month on which the child meets such criteria bears to 30''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to individuals whose first month of entitlement to benefits under subsection (a), (b), (c), or (d) of section 202 of the Social Security Act (determined without regard to section 202(j)(1) of such Act) is a month after the month in which this Act is enacted.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide prorated old-age and survivors benefits for the first month in which individuals become eligible for such benefits. (Currently benefits do not apply until the first full month of eligibility.)
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Nation's beaches are a valuable public resource used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population has contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) each coastal State has its own method of testing the quality of its coastal recreation waters, providing varying degrees of protection to the public; and (7) the adoption of standards by coastal States for monitoring the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety. (b) Purpose.--The purpose of this Act is to require uniform procedures for beach testing and monitoring to protect public safety and improve the environmental quality of coastal recreation waters. SEC. 3. WATER QUALITY CRITERIA AND STANDARDS. (a) Issuance of Criteria.--Section 304(a) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the following: ``(9) Coastal recreation waters.--(A) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall issue within 18 months after the effective date of this paragraph (and review and revise from time to time thereafter) water quality criteria for pathogens in coastal recreation waters. Such criteria shall-- ``(i) be based on the best available scientific information; ``(ii) be sufficient to protect public health and safety in case of any reasonably anticipated exposure to pollutants as a result of swimming, bathing, or other body contact activities; and ``(iii) include specific numeric criteria calculated to reflect public health risks from short- term increases in pathogens in coastal recreation waters resulting from rainfall, malfunctions of wastewater treatment works, and other causes. ``(B) For purposes of this paragraph, the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar primary contact purposes.''. (b) Standards.-- (1) Adoption by states.--A State shall adopt water quality standards for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act, not later than 3 years following the date of such publication. Such water quality standards shall be developed in accordance with the requirements of section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)). A State shall incorporate such standards into all appropriate programs into which such State would incorporate water quality standards adopted under section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)). (2) Failure of states to adopt.--If a State has not complied with paragraph (1) by the last day of the 3-year period beginning on the date of publication of criteria under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act, the Administrator shall promulgate water quality standards for coastal recreation waters for the State under applicable provisions of section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313). The water quality standards for coastal recreation waters shall be consistent with the criteria published by the Administrator under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act. The State shall use the standards issued by the Administrator in implementing all programs for which water quality standards for coastal recreation waters are used. SEC. 4. COASTAL BEACH WATER QUALITY MONITORING. Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341-1345) is amended by adding at the end thereof the following new section: ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Not later than 9 months after the date on which the Administrator publishes revised water quality criteria for coastal recreation waters under section 304(a)(9), the Administrator shall publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with applicable water quality standards for those waters and protection of the public safety. Monitoring requirements established pursuant to this subsection shall, at a minimum-- ``(1) specify the frequency of monitoring based on the periods of recreational use of such waters; ``(2) specify the frequency of monitoring based on the extent and degree of use during such periods; ``(3) specify the frequency of monitoring based on the proximity of coastal recreation waters to pollution sources; ``(4) specify methods for detecting short-term increases in pathogens in coastal recreation waters; and ``(5) specify the conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair-- ``(A) compliance with the applicable water quality standards for those waters; and ``(B) protection of the public safety. ``(b) Notification Requirements.--Regulations published pursuant to subsection (a) shall require States to notify local governments and the public of violations of applicable water quality standards for State coastal recreation waters. Notification pursuant to this subsection shall include, at a minimum-- ``(1) prompt communication of the occurrence, nature, and extent of such a violation, to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which a violation is identified; and ``(2) posting of signs, for the period during which the violation continues, sufficient to give notice to the public of a violation of an applicable water quality standard for such waters and the potential risks associated with body contact recreation in such waters. ``(c) Floatable Materials Monitoring Procedures.--The Administrator shall-- ``(1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and ``(2) specify the conditions under which the presence of floatable material shall constitute a threat to public health and safety. ``(d) Delegation of Responsibility.--A State may delegate responsibility for monitoring and posting of coastal recreation waters pursuant to this section to local government authorities. ``(e) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and ``(2) the term `floatable materials' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.''. SEC. 5. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC PATHOGENS IN COASTAL RECREATION WATERS. (a) Study.--The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct an ongoing study to provide additional information to the current base of knowledge for use for developing better indicators for directly detecting in coastal recreation waters the presence of bacteria and viruses which are harmful to human health. (b) Report.--Not later than 4 years after the date of the enactment of this Act, and periodically thereafter, the Administrator shall submit to the Congress a report describing the findings of the study under this section, including-- (1) recommendations concerning the need for additional numerical limits or conditions and other actions needed to improve the quality of coastal recreation waters; (2) a description of the amounts and types of floatable materials in coastal waters and on coastal beaches and of recent trends in the amounts and types of such floatable materials; and (3) an evaluation of State efforts to implement this Act, including the amendments made by this Act. SEC. 6. PARTICIPATION OF STATE COASTAL ZONE MANAGEMENT PROGRAMS. (a) Technical Assistance.--Each coastal zone management agency of a State with an approved coastal zone management program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) shall provide technical assistance to local governments within the State for ensuring that coastal recreation waters and beaches are as free as possible from floatable materials. (b) Clean-up of Coastal Recreation Waters and Beaches.--Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a) is amended-- (1) by adding at the end of subsection (b) the following: ``(4) Reduction of floatable materials in the State's coastal recreation waters by-- ``(A) managing adjacent land uses so that floatable materials are not introduced into those waters; ``(B) encouraging public participation in reducing the amount of floatable materials that enter coastal recreation waters; and ``(C) sponsoring clean-up events at public beaches.''; (2) in subsection (c)(2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by inserting after subparagraph (E) the following: ``(F) the acquisition of beach and coastal recreation water clean-up equipment.''; and (3) by adding at the end the following: ``(g) Definitions.--For the purposes of this section-- ``(1) the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and ``(2) the term `floatable materials' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.''. SEC. 7. GRANTS TO STATES. (a) Grants.--The Administrator may make grants to States for use in fulfilling requirements established pursuant to section 3 and 4. (b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to section 3 and 4. SEC. 8. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``coastal recreation waters'' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and (3) the term ``floatable materials'' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator-- (1) for use in making grants to States under section 7 not more than $3,000,000 for each of the fiscal years 1994 and 1995; and (2) for carrying out the other provisions of this Act not more than $1,000,000 for each of the fiscal years 1994 and 1995.
Beaches Environmental Assessment, Closure, and Health Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue water quality criteria for pathogens in coastal recreation waters. Requires States to adopt consistent water quality standards. Requires the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations. Requires the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires an ongoing study and report to the Congress on developing better indicators for detecting harmful bacteria and viruses in coastal recreation waters. Requires State coastal zone management agencies to provide technical assistance to local governments to ensure that coastal recreation waters and beaches are as free as possible from floatable materials. Amends the Coastal Zone Management Act of 1972 to authorize grants to eligible coastal States for the reduction of floatable materials in coastal recreation waters. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Identification Transnational Migration Alert Program Authorization Act of 2018''. SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. (a) In General.--Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. ``(a) Establishment.--There is established in the Department a program to be known as the Biometric Identification Transnational Migration Alert Program (referred to in this section as `BITMAP') to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. ``(b) Duties.--In carrying out BITMAP operations, the Secretary, acting through the Director of U.S. Immigration and Customs Enforcement, shall-- ``(1) coordinate, in consultation with the Secretary of State, appropriate representatives of foreign governments, and the heads of other Federal agencies, as appropriate, to facilitate the voluntary sharing of biometric and biographic information collected from foreign nationals for the purpose of identifying and screening such nationals to identify those nationals who may pose a terrorist threat or a threat to national security or border security; ``(2) provide capabilities, including training and equipment, to partner countries to voluntarily collect biometric and biographic identification data from individuals to identify, prevent, detect, and interdict high risk individuals identified as national security, border security, or terrorist threats who may attempt to enter the United States utilizing illicit pathways; ``(3) provide capabilities, including training and equipment, to partner countries to compare foreign data against appropriate United States national security, border security, terrorist, immigration, and counter-terrorism data, including-- ``(A) the Federal Bureau of Investigation's Terrorist Screening Database, or successor database; ``(B) the Federal Bureau of Investigation's Next Generation Identification database, or successor database; ``(C) the Department of Defense Automated Biometric Identification System (commonly known as `ABIS'), or successor database; ``(D) the Department's Automated Biometric Identification System (commonly known as `IDENT'), or successor database; and ``(E) any other database, notice, or means that the Secretary, in consultation with the heads of other Federal departments and agencies responsible for such databases, notices, or means, designates; and ``(4) provide partner countries with training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP; and ``(4)(5) ensure biometric and biographic identification data collected pursuant to BITMAP are incorporated into appropriate United States Government databases, in compliance with the policies and procedures established by the Privacy Officer appointed under section 222. ``(c) Collaboration.--The Secretary shall ensure that BITMAP operations include participation from relevant components of the Department, and request participation from other Federal agencies, as appropriate. ``(d) Agreements.--Before carrying out BITMAP operations in a foreign country that, as of the date of the enactment of this section, was not a partner country described in this section, the Secretary, in consultation with the Secretary of State, shall enter into agreement or arrangement with the government of such country that sets forth program goals for such country, includes training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP, and outlines such operations in such country, including related departmental operations. Such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement. ``(e) Notification to Congress.--Not later than 60 days before an agreement with the government of a foreign country to carry out BITMAP operations in such foreign country enters into force, the Secretary shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with a copy of the agreement to establish such operations, which shall include-- ``(1) the identification of the foreign country with which the Secretary intends to enter into such an agreement; ``(2) the location at which such operations will be conducted; and ``(3) goals for BITMAP operations in the foreign country; and ``(3)(4) the terms and conditions for Department personnel operating at such location. ''. ``(f) Captured Information of United States Citizens.--The Secretary shall ensure that any biometric and biographic identification data of United States citizens that is captured by BITMAP operations is expunged from all databases to which such data was uploaded, unless the information is retained for specific law enforcement or intelligence purposes.''. (b) Report.--Not later than 180 days after the date on which the Biometric Identification Transnational Migration Alert Program (BITMAP) is established under section 447 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and annually thereafter for the following five years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. that-- (1) outlines the strategic goals and operational plans for BITMAP; (2) outlines key efforts and the progress made with each partner country; (3) provides a description of the agreement or arrangement with the government of each partner country, if practicable; (4) provides budget information related to expenditures in support of BITMAP, including the source of funding and the anticipated expenditures; (5) sets forth the department personnel, equipment, and infrastructure support to be used by BITMAP, broken down by country and number; (6) includes the number of individuals each partner country enrolled into BITMAP during the reporting period, broken down by key categories, as determined by U.S. Immigration and Customs Enforcement; (7) includes the training, guidance, and best practices recommendations provided pursuant to section 447(b)(4) of the Homeland Security Act of 2002, as added by subsection (a); (8) includes a review of the redress process for BITMAP; and (9) details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. (c) Briefings.--Shortly after each report is submitted pursuant to subsection (b), the Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding-- (1) individuals enrolled in BITMAP who have been apprehended at the United States border or in the interior of the United States; and (2) asylum claims that were submitted by individuals who are enrolled in BITMAP; (d) GAO Audit.--Not later than 6 months after the date of the enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall-- (1) conduct an audit that analyzes the effectiveness of BITMAP operations; and (2) submit a report containing the results of such audit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (e) Sunset.--Section 447 of the Homeland Security Act of 2002, as added by subsection (a) shall be repealed on the date that is 6 years after the date of the enactment of this Act. (c)(f) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 446 the following new item: ``Sec. 447. Biometric Identification Transnational Migration Alert Program.''.
Biometric Identification Transnational Migration Alert Program Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to provide statutory authority for the Department of Homeland Security (DHS) Biometric Identification Transnational Migration Alert Program (BITMAP). That program was established to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. In carrying out BITMAP operations, U.S. Immigration and Customs Enforcement must: (1) coordinate foreign and U.S. officials to facilitate the sharing of biometric and biographic information of foreign nationals to identify and screen such nationals for terrorism and threats to national or border security; (2) provide capabilities, including training and equipment, to collect and compare biometric and biographic identification data of foreign nationals to protect against national security, border security, or terrorist threats and illegal entries; and (3) ensure that such data are incorporated into appropriate government databases. Before carrying out BITMAP operations in a foreign country, DHS must enter into an agreement with the government of such country that outlines such operations and must provide the congressional homeland security committees with a copy of the agreement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Job Opportunities and Business Success Act of 2011''. SEC. 2. DEFINITION OF INDUSTRY OR SECTOR PARTNERSHIP. Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended-- (1) by redesignating paragraphs (18) through (53) as paragraphs (19) through (54), respectively; and (2) by inserting after paragraph (17) the following: ``(18) Industry or sector partnership.--The term `industry or sector partnership' means a partnership of a State or local board and one or more industries and other entities that can help determine the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State or local economy.''. SEC. 3. FUNCTIONS OF THE LOCAL BOARD. Section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) is amended-- (1) in subsection (b)-- (A) in subparagraph (A) of paragraph (2)-- (i) by striking ``include--'' and all that follows through ``representatives'' and inserting ``include representatives''; (ii) by striking clauses (ii) through (vi); (iii) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively; (iv) by striking clause (ii) (as so redesignated) and inserting the following: ``(ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and''; and (v) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ``; and''; and (B) in paragraph (4), by striking ``A majority'' and inserting ``A \2/3\ majority''; (2) by amending subsection (d) to read as follows: ``(d) Functions of Local Board.--The functions of the local board shall include the following: ``(1) Local plan.--Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. ``(2) Workforce research and regional labor market analysis.-- ``(A) In general.--The local board shall-- ``(i) conduct, and regularly update, an analysis of-- ``(I) the economic conditions in the local area; ``(II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; ``(III) the knowledge and skills of the workforce in the local area; and ``(IV) workforce development activities (including education and training) in the local area; and ``(ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. ``(B) Existing analysis.--A local board may use existing analysis by the local economic development agency or related entity in order to carry out requirements of subparagraph (A)(i). ``(3) Employer engagement.--The local board shall lead efforts to engage employers in the local area, including small employers and employers in in-demand industries and occupations important to the local economy, including by-- ``(A) ensuring that workforce investment activities meet the needs of employers and support economic growth in the local area, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; ``(B) developing effective linkages (including the use of intermediaries) with employers in the local area to support employer utilization of the local workforce development system and to support local workforce investment activities; and ``(C) developing and implementing industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy and to address critical skill gaps within and across industries. ``(4) Budget and administration.-- ``(A) Budget.-- ``(i) In general.--The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. ``(ii) Training reservation.--In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(d)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage to reserve under this clause. ``(B) Administration.-- ``(i) Grant recipient.-- ``(I) In general.--The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. ``(II) Designation.--In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). ``(III) Disbursal.--The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. ``(ii) Staff.--The local board may employ staff to assist in carrying out the functions described in this subsection. ``(iii) Grants and donations.--The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. ``(5) Selection of operators and providers.-- ``(A) Selection of one-stop operators.--Consistent with section 121(d), the local board, with the agreement of the chief elected official-- ``(i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and ``(ii) may terminate for cause the eligibility of such operators. ``(B) Identification of eligible service providers.--Consistent with this subtitle, the local board shall identify eligible service providers, including providers of services described in section 134(d)(4), in the local area. ``(6) Program oversight.--The local board, in partnership with the chief elected official, shall be responsible for-- ``(A) conducting oversight for local employment and training activities authorized under section 134(d); ``(B) conducting oversight of the one-stop delivery system in the local area authorized under section 121; and ``(C) ensuring the appropriate use and management of the funds provided for such activities under this title. ``(7) Negotiation of local performance measures.--The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). ``(8) Technology improvements.--The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.''; (3) in subsection (e)-- (A) by inserting ``electronic means and'' after ``regular basis through''; and (B) by striking ``and the award of grants or contracts to eligible providers of youth activities,''; (4) by striking subsection (h) and redesignating subsection (i) as subsection (h); and (5) in subsection (i) (as so redesignated), by striking ``and paragraphs (1) and (2) of subsection (h)'' each place it appears. SEC. 4. CONTENTS OF THE LOCAL PLAN. Section 118(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2832(b)) is amended to read as follows: ``(b) Contents.--The local plan shall include-- ``(1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; ``(2) a description of the one-stop delivery system in the local area, including-- ``(A) a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers and participants; and ``(B) a description of how the local board will facilitate access to services provided through the one- stop delivery system consistent with section 117(d)(8); ``(3) a description of the strategies and services that will be used in the local area-- ``(A) to more fully engage employers, including small employers and employers in in-demand industries and occupations important to the local economy; ``(B) to meet the needs of businesses in the local area; and ``(C) to better coordinate workforce development programs with economic development; ``(4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster-- ``(A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; ``(B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy, and ``(C) to address critical skill gaps within and across industries; ``(5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(d)(4); ``(6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; ``(7) a description of how the local area will-- ``(A) coordinate activities with the local area's disability community to make available comprehensive, high-quality services to individuals with disabilities; ``(B) consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and ``(C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ``(8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be-- ``(A) used to measure the performance of the local area; and ``(B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; ``(9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; ``(10) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; and ``(11) such other information as the Governor may require.''.
Local Job Opportunities and Business Success Act of 2011 - Amends the Workforce Investment Act of 1998 to limit the required composition of local workforce investment boards (local boards) to business representatives. Requires two-thirds of the members of a local board to be business owners or officers. Requires local boards to conduct and regularly update analyses of: (1) local economic conditions, (2) immediate and long-term skilled workforce needs in the area, (3) the knowledge and skills of the local workforce, and (4) local workforce development activities. Requires local boards to lead efforts to engage employers in the area to ensure that workforce investment activities meet their needs and support local economic growth. Includes as part of those efforts the development or implementation of industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms to address the immediate and long-term skilled workforce needs of the local economy. Requires local boards to develop strategies for using technological improvements to facilitate access to workforce development services. Eliminates the requirement that each local board appoint a youth council as a subgroup of the board and select providers of youth activities on the basis of its recommendations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``IRA Self-Loan Act''. SEC. 2. LOANS FROM INDIVIDUAL RETIREMENT PLANS FOR CERTAIN FIRST-TIME HOMEBUYER, EDUCATION, AND MEDICAL EMERGENCY EXPENSES. (a) In General.--Section 408(e) of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(7) Loans used for certain first-time homebuyer, education, and medical emergency expenses.-- ``(A) In general.--Paragraphs (3) and (4) shall not apply to any qualified loan which is made, or secured, by an individual retirement plan. ``(B) Qualified loan.--For purposes of this paragraph, the term `qualified loan' means a loan which-- ``(i) is used within a reasonable period of time for-- ``(I) qualified first-time homebuyer expenses, ``(II) qualified education expenses, or ``(III) qualified medical emergency expenses. ``(ii) is made by the trustee of an individual retirement plan at the direction of the individual on whose behalf such plan is established, ``(iii) in the case of a loan for qualified first-time homebuyer expenses, is secured by the dwelling unit, ``(iv) by its terms requires repayment in full within 5 years after the date such loan is made (15 years in the case of a loan for qualified first-time homebuyer expenses), ``(v) by its terms treats any amount remaining unpaid in the taxable year beginning after the period described in clause (iv) as distributed in such taxable year to the individual on whose behalf such plan is established and subject to section 72(t)(1), and ``(vi) bears interest from the date of the loan at a rate not less than the rate for comparable United States Treasury obligations on such date. ``(C) Qualified expenses.--For purposes of this paragraph-- ``(i) Qualified first-time home buyer expenses.-- ``(I) In general.--The term `qualified first-time homebuyer expenses' means qualified acquisition costs with respect to a principal residence for a first-time homebuyer. ``(II) Qualified acquisition costs.--The term `qualified acquisition costs' means the cost of acquiring, constructing, or reconstructing the residence. Such terms includes any usual or reasonable settlement, financing, or other closing costs. ``(III) First-time homebuyer.--The term `first-time homebuyer' means any eligible person, if such person (and if married such person's spouse) has never had a present ownership interest in a principal residence. ``(IV) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(ii) Qualified education expenses.--The term `qualified education expenses' means tuition and fees required for enrollment or attendance of an eligible person at an educational organization described in section 170(b)(1)(A)(ii). ``(iii) Qualified medical emergency expenses.--The term `qualified medical emergency expenses' means any amount, not compensated for by insurance or otherwise, which is paid for medical care (as defined in section 213(d)) of an eligible person, if such medical care is required by reason of any disease or accident that causes hospitalization for more than 30 days. ``(iv) Eligible person.--The term `eligible person' means-- ``(I) an individual on whose behalf the individual retirement plan is established, and ``(II) a spouse, child (as defined in section 151(c)(3)), or grandchild of such individual (or of such individual's spouse). ``(D) Amount limitation.--Subparagraphs (A) and (B) shall not apply to any loan to the extent such loan (when added to the outstanding balance of all other loans from the individual retirement plan) exceeds the lesser of-- ``(i) $50,000, reduced by the excess (if any) of-- ``(I) the highest outstanding balance of loans from the plan during the 1-year period ending on the day before the date on which such loan was made, over ``(II) the outstanding balance of loans from the plan on the date on which such loan was made, or ``(ii) the greater of-- ``(I) one-half of the value of the plan, or ``(II) $10,000.'' (b) Exemption From Tax on Prohibited Transactions.--Subsection (d) of section 4975 of such Code (relating to exemptions from tax on prohibited transactions) is amended by striking ``or'' at end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by inserting after paragraph (15) the following new paragraph: ``(16) any qualified loan within the meaning of section 408(e)(7).'' (c) Effective Date.--The amendments made by this section shall apply to loans made after the date of the enactment of this Act.
IRA Self-Loan Act - Amends the Internal Revenue Code to allow loans to be made or secured by an individual retirement account for first-time homebuyer expenses, education expenses, or medical emergency expenses. Exempts such loans from the tax on prohibited transactions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``JCPOA Enforcement Transparency Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States entered into the Joint Comprehensive Plan of Action (JCPOA) on July 14, 2015, without the approval of Congress. (2) The JCPOA established the Joint Commission in Annex IV of the agreement. (3) The JCPOA placed detailed limitations on components of Iran's nuclear agreement, and required those limitations to be met by Implementation Day, which took place on January 16, 2016. (4) The Joint Commission provided alternate arrangements regarding some Iranian nuclear stocks and facilities prior to January 16, 2016. (5) The JCPOA capped Iran's stockpile of low enriched uranium (LEU) at 300 kilograms (kg). (6) Iran was granted an exemption to retain more than 300 kg of LEU by the Joint Commission. (7) The JCPOA required all Iranian uranium oxide enriched to between 5 percent and 20 percent to be fabricated into fuel plates for the Tehran Research Reactor or transferred outside of Iran or diluted to an enrichment level of 3.67 percent or less. (8) The Joint Commission found near 20 percent LEU in ``lab contaminant'' that was judged as unrecoverable. (9) Under the JCPOA, Iran committed to only develop, acquire, build, or operate hot cells, shielded cells, or shielded glove boxes with dimensions less than 6 cubic meters for 15 years. (10) Prior to Implementation Day, the Joint Commission agreed to allow Iran to continue operating 19 large hot cells in three Tehran locations and one Karaj location which are in excess of the 6 cubic meter limitation. (11) In July 2016, the Joint Commission established a Technical Working Group to evaluate stocks of Iranian 3.67 percent LEU and other stocks. (12) Ensuring Iranian compliance with the JCPOA is tantamount to restricting breakout times for the development of a nuclear weapon. (13) The current Administration's policy to maintain secrecy on the decisions of the Joint Commission and its Technical Working Group interferes in the process of establishing adequate congressional and public oversight of the JCPOA. SEC. 3. NOTIFICATION AND JUSTIFICATION REQUIREMENT FOR DECISIONS ISSUED BY THE JOINT COMMISSION AND TECHNICAL WORKING GROUP. (a) In General.--The President, in consultation with the Secretary of State, the Secretary of Energy, and the heads of other relevant agencies, shall-- (1) not later than 30 days after the date of the enactment of this Act, notify the appropriate congressional committees of all past decisions made by the Joint Commission or the Technical Working Group; and (2) not later than 30 days after each subsequent decision made by the Joint Commission, the Technical Working Group, or any subsequent working group established by the JCPOA, notify the appropriate congressional committees of such decision. (b) Elements.--The notification required under subsection (a) shall include the following elements: (1) A description of the decision. (2) A justification for the decision. (3) An unclassified summary of the decision, with a classified annex if necessary. SEC. 4. PUBLICATION OF DECISIONS. The Secretary of State shall publish on a publicly available Internet website a description of the decision-making process and a summary of all decisions granted by the Joint Commission, the Technical Working Group, or any subsequent working group established under the auspices of the JCPOA. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States representative to the Joint Commission, the Technical Working Group, or any subsequent working group established under the auspices of the JCPOA should oppose any exemptions or modifications to requirements for Iran under the JCPOA; and (2) the workings of the Joint Commission, the Technical Working Group, and any subsequent working group established under the auspices of the JCPOA to evaluate Iranian compliance to JCPOA requirements should proceed in an open and transparent manner. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) Joint commission.--The term ``Joint Commission'' means the group comprised of representatives of Iran and the E3/EU+3, as defined in Annex IV of the JCPOA. (3) Joint comprehensive plan of action and jcpoa.--The terms ``Joint Comprehensive Plan of Action'' and ``JCPOA'' mean the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and any other subsequent agreement with Iran that addresses the Iran nuclear issue. (4) Technical working group.--The term ``Technical Working Group'' means the Technical Working Group established by the Joint Commission in July 2016 to consider further exemptions under the JCPOA relating to Iran's stock of 3.5 percent low enriched uranium.
JCPOA Enforcement Transparency Act of 2016 This bill requires the President to notify the appropriate congressional committees: (1) within 30 days after enactment of this Act, of all past decisions made by the Joint Commission or the Technical Working Group under the Joint Comprehensive Plan of Action (JCPOA), signed at Vienna on July 14, 2015; and (2) of each subsequent decision made by such commission, such working group, or any subsequent working group established under the JCPOA within 30 days after such decision is made. The Department of State shall publish on a publicly available Internet website a description of the decision-making process and a summary of all decisions granted by such commission or working group.
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SECTION 1. DEFINITIONS. Section 102(16) of the Controlled Substances Act is amended by adding at the end thereof the following new sentence: ``Such term also does not include tetrahydrocannabinols not derived, extracted, or prepared from plant Cannabis sativa L.''. SEC. 2. AUTHORIZING THE MEDICAL PRESCRIPTION OF MARIHUANA. (a) Schedule I Amendment.--Paragraph (c) of schedule I of section 202(c) of the Controlled Substances Act is amended-- (1) by striking out subparagraph (10); (2) by redesignating subparagraphs (11) through (17) as subparagraphs (10) through (16), respectively; and (3) by amending subparagraph (16) (as so redesignated) to read as follows: ``(16) Tetrahydrocannabinols not derived, manufactured, or prepared from the plant Cannabis sativa L.''. (b) Schedule II Amendment.--Paragraph (a) of schedule II of section 202(c) of the Controlled Substances Act is amended by adding at the end thereof the following new subparagraph: ``(5) Marihuana.''. SEC. 3. PRODUCTION AND DISTRIBUTION OF MEDICINAL MARIHUANA. (a) Rulemaking.--Section 301 of the Controlled Substances Act is amended by adding at the end thereof the following: ``, except that rules and regulations specifically relating to the regulation and control of the production, distribution, and dispensing of marihuana to sections 312 and 313 shall be promulgated by the Secretary.''. (b) Production and Distribution.--Part C of the Controlled Substances Act is amended by adding at the end the following: ``office for the supply of internationally controlled drugs ``Sec. 311. (a) There is established in the Department of Health and Human Services an office to be known as the Office for the Supply of Internationally Controlled Drugs (hereinafter referred to in this section and sections 312 and 313 as the `Office'). The Office shall be responsible for regulating, administering, and supervising the domestic production of marihuana and, in accordance with section 313, for the distribution of marihuana for medical, scientific, and research purposes. ``(b) The Office shall be under the direction of a Chief Officer who shall be appointed by the Secretary. The Secretary is authorized to delegate his powers and responsibilities under sections 312 and 313 to the Chief Officer. ``production of medicinal marihuana ``Sec. 312. (a) The Secretary shall take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. The Secretary shall determine the total quantity of marihuana to be produced each calendar year to provide for the estimated medical, scientific, and research needs of the United States, for the establishment of reserve stocks, and for any lawful export requirements established by the Attorney General under section 1003. Based on the determination under the preceding sentence, the Secretary shall recommend to the Attorney General the aggregate production quotas that must be established for marihuana under section 306(a). The recommendations of the Secretary concerning aggregate production quotas for marihuana shall be binding on the Attorney General. ``(b)(1) In order to maintain an adequate supply of marihuana, the Secretary shall periodically publish notices soliciting bids on a contract or contracts for the domestic cultivation and delivery of marihuana. All bids submitted must specify the areas in which, and the land on which, cultivation of marihuana will be conducted. All bids submitted must be accompanied by an application for registration under section 302. ``(2) The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(a). The recommendations of the Secretary concerning the registration of applicants to produce marihuana shall be binding on the Attorney General. ``(3) The Secretary may accept or reject any bid that is submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(a), and (B) price. Marihuana may be produced only by accepted bidders, solely on the land specified in the applicants' bids. The Secretary shall provide persons whose bids have been accepted with marihuana seeds capable of germination. Such seeds shall be obtained by the Secretary from legitimate commercial producers of marihuana or, if this is not feasible, the National Institute on Drug Abuse, the Attorney General through the Drug Enforcement Administration, or the Secretary of Agriculture shall provide the Secretary with an adequate supply of seeds capable of germination. ``(c) Upon acceptance of a bid for the production of marihuana, the Secretary shall establish an individual quota for the production of marihuana for the bidder and shall recommend to the Attorney General that this quota be assigned to the bidder where required under section 306. The recommendations of the Secretary concerning individual quotas for the production of marihuana, including recommendations that such a quota be decreased or increased, shall be binding on the Attorney General. ``(d) The Secretary may revoke or suspend the acceptance of any bid for the production of marihuana prior to the expiration of the contract executed on the basis of the bid upon a finding by the Secretary (1) that the bidder has materially breached the terms of the contract relating to the maintenance of effective controls against diversion of marihuana into other than legitimate medical, scientific, and industrial channels; or (2) that any of the reasons specified in section 304(a) are applicable. Upon such revocation or suspension, the Secretary shall recommend to the Attorney General that the bidder's registration for the production of marihuana be revoked or suspended pursuant to section 304 and such recommendations by the Secretary shall be binding on the Attorney General. ``(e) Within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, the Office or its delegate or delegates shall take physical possession of the marihuana harvested. ``(f)(1) The Secretary may, at his discretion, periodically publish notices soliciting bids on a contract or contracts for the physical collection, processing, and shipping of marihuana crops produced under contracts entered into under subsection (b) or of imported or forfeited stocks described in subsections (g) and (h). All bids submitted must be accompanied by an application for registration under section 302. ``(2) The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(b) and such recommendations of the Secretary shall be binding on the Attorney General. ``(3) The Secretary may accept or reject any bids submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(b); (B) the provisions in the bid for the processing of raw marihuana into medically usable forms, including the provisions for the maintenance of controlled amounts of tetrahydrocannabinols in each dosage unit; and (C) price. ``(g) If a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, the Secretary shall declare that a state of emergency exists. The declaration by the Secretary of a state of emergency due to inadequate domestic supplies of marihuana shall have the same effect as a finding by the Attorney General of an emergency due to inadequate domestic supplies under section 1002(a)(2)(A). If no applicants are registered to import marihuana under sections 1007 and 1008 within sixty days of the date of the declaration by the Secretary that a state of emergency exists, the Secretary shall make arrangements for the direct importation by the Office of a supply of marihuana adequate for domestic medical, scientific, and research needs. ``(h) If, while a state of emergency declared under subsection (g) exists, the Secretary finds that a supply of marihuana adequate for domestic medical, scientific, and research needs cannot be obtained through importation, then the Secretary may request that the Attorney General forward to the Office forfeited stocks of marihuana that are unadulterated with other substances, pursuant to section 511(e). ``distribution of medicinal marihuana ``Sec. 313. (a) Marihuana shall be distributed only to hospitals and pharmacies that are-- ``(1) registered under section 303(f) to dispense drugs in schedule II of section 202; and ``(2) specified by ``(A) an eligible physician who plans to use marihuana in the treatment of the nausea of patients who are undergoing cancer chemotherapy or radiology or in the treatment of patients who have glaucoma, AIDS wasting syndrome, or muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia; or ``(B) a person who has obtained approval by the Secretary of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana. ``(b) In order to be certified as a physician eligible for purposes of subsection (a)(2)(A), the physician must file a written application with the Office seeking permission to use marihuana in his practice. Such an application shall be approved or denied within thirty days of its receipt by the Office, or, where possible, within such shorter time as is deemed essential by the applicant in cases of medical emergency. If an application is not acted upon within thirty days of its receipt by the Office, it shall be deemed approved. To be approved an application must affirmatively state-- ``(1) that the applicant is a physician registered under section 303(f) to dispense controlled drugs in schedule II of section 202; ``(2) the applicant's registration number; ``(3) that the applicant will use the requested marihuana solely for the treatment of glaucoma, AIDS wasting syndrome, muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia, or the nausea associated with cancer chemotherapy or radiology; ``(4) the name of all pharmacies or hospitals registered to dispense schedule II drugs that the applicant is requesting that supplies of marihuana be sent to; ``(5) that the applicant will inform the Office of any adverse reactions by his patients to the use of marihuana; and ``(6) that prior to administration of marihuana to any patient, he will obtain from the patient a signed consent form stating that informed patient consent has been obtained. Unless the Secretary determines that an application which makes the statements required by the preceding sentence contains a misstatement of fact, the application shall be approved upon payment of a reasonable fee to cover the costs of processing the application. Approval of a physician's application may be suspended or revoked by the Secretary for good cause shown. ``(c)(1) Upon certification of a physician as eligible under subsection (b), the Secretary shall issue serially numbered marihuana order forms to all registered pharmacies or hospitals listed on the eligible physician's application form. Whenever any such form is issued to a pharmacy or hospital the Secretary shall, before delivery thereof, insert therein the name of the pharmacy or hospital, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances; or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances. ``(2) It shall be unlawful for any person to obtain by means of order forms issued under this subsection controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research. ``(3) Written orders made on marihuana order forms issued under this subsection shall satisfy the requirements of section 308(a). ``(4) The preservation and availability requirements of section 308(c) apply to orders made on forms issued under this subsection. ``(d) Hospitals and pharmacies may obtain supplies of marihuana only by forwarding a written order to the Secretary on the form issued in blank in accordance with subsection (c). Upon receipt from a hospital or pharmacy of a properly completed marihuana order form requesting a supply of marihuana the Office or its delegate or delegates shall forward a supply of marihuana to the pharmacy or hospital within a reasonable time. If notified by an eligible physician that there is a medical urgency for immediate shipment, the Office or its delegate or delegates shall forward a supply of marihuana within five days of such notice, or sooner if feasible. Also, upon receipt by the Secretary of a written request of a person who has obtained approval of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana, the Office or its delegate or delegates shall forward a supply of marihuana to the specified pharmacy or hospital licensed to dispense schedule II drugs within a reasonable time. ``(e) The Secretary is directed to set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Federal Government in producing, processing, and distributing marihuana. ``(f) Within six months from the date of the enactment of this section, the Secretary, after consultation with the Attorney General, shall promulgate regulations consistent with public health and safety that are in accord with the provisions of this title to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards regarding the production, storage, processing, distribution, and dispensing of marihuana so as to prevent its diversion into other than legitimate medical, scientific, or research channels.''. (c) Penalty.--Section 402(a) of the Controlled Substances Act is amended (1) by striking out ``or'' at the end of paragraph (9), (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof ``; or'', and (3) by adding at the end the following new paragraph: ``(11) to use an order form issued under section 313(c) in a manner prohibited by such section or to furnish such a form in violation of such section.''. SEC. 4. COMPLIANCE WITH THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505 the following: ``therapeutic use of marihuana ``Sec. 505A. (a) Notwithstanding section 505(a), the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the requirements of sections 312 and 313 of the Controlled Substances Act. ``(b) Marihuana is defined as a prescription drug for purposes of section 503(b). Only physicians who are eligible to obtain marihuana under section 313(b) of the Controlled Substances Act may issue written prescriptions authorizing the dispensing of marihuana under section 503(b).''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1996, and $5,000,000 for the fiscal year 1997, for the use of the Office for the Supply of Internationally Controlled Drugs in conducting, contracting for, supervising, and administering the production, testing, processing, distribution, and dispensing of marihuana. SEC. 6. INTERIM PROVISIONS. The Secretary of Health and Human Services shall procure a supply of marihuana adequate for the scientific, medical, and research needs of the United States within 12 months after the date of the enactment of this Act. The Secretary of Health and Human Services and the Attorney General shall ensure that persons now receiving marihuana pursuant to research projects approved by the Secretary of Health and Human Services continue to receive uninterrupted supplies until the system for the processing and distribution of marihuana produced pursuant to the Controlled Substances Act is fully operational.
Amends the Controlled Substances Act (CSA) to authorize the medical prescription of marihuana, subject to regulations to be promulgated by the Secretary of Health and Human Services. Establishes in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs which shall be responsible for regulating, administering, and supervising the domestic production of marihuana for distribution for medical, scientific, and research purposes. Directs the Secretary to take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. Directs: (1) the Office or its delegates, within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, to take physical possession of the marihuana harvested; and (2) the Secretary to declare that a state of emergency exists if a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, in which case the Secretary shall make arrangements for the direct importation by the Office of an adequate supply, subject to specified requirements. Sets forth procedures for: (1) physicians to file written applications with the Office seeking permission to use marihuana in their practices; and (2) hospitals and pharmacies to obtain supplies of marihuana. Directs the Secretary to: (1) set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Government in producing, processing, and distributing marihuana; and (2) promulgate regulations to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards to prevent its diversion to other than legitimate channels. Sets penalties for using an order form for the distribution of medicinal marihuana in a manner prohibited under the CSA or to furnish such a form in violation of the CSA. Amends the Federal Food, Drug, and Cosmetic Act to provide that: (1) the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the CSA; and (2) marihuana is defined as a prescription drug for specified purposes and only physicians who are eligible to obtain marihuana under the CSA may issue written prescriptions authorizing the dispensing of marihuana. Authorizes appropriations. Sets forth interim provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Reduction Act of 2007''. TITLE I--VIOLENT CRIME AND ANTI-GANG VIOLENCE REFORMS SEC. 101. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY. (a) Offense.--Section 1959(a) of title 18, United States Code, is amended to read as follows: ``(a) Whoever commits, or conspires, threatens, or attempts to commit, a crime of violence for the purpose of furthering the activities of an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in, such an enterprise, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for any other violation of this chapter and in addition to being subject to a fine under this title-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), maiming, or any assault resulting in serious bodily injury be imprisoned for life or any term of years not less than 20; and ``(3) in any other case, be imprisoned for life or for any term of years not less than 10.''. (b) Venue.--Section 1959 of title 18, United States Code, is amended by adding at the end the following: ``(c) A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the crime of violence occurred; or ``(2) any judicial district in which racketeering activity of the enterprise occurred.''. SEC. 102. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME. (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``murder and other violent crimes committed during and in relation to a drug trafficking crime ``Sec. 424. (a) In General.--Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under this title-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), maiming, or any assault resulting in serious bodily injury be imprisoned for life or any term of years not less than 20; and ``(3) in any other case, be imprisoned for life or for any term of years not less than 10. ``(b) Venue.--A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the murder or other crime of violence occurred; or ``(2) any judicial district in which the drug trafficking crime may be prosecuted. ``(c) Definitions.--As used in this section-- ``(1) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; and ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.''. (b) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423, the following: ``Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.''. SEC. 103. INCREASE IN ENHANCED PENALTIES FOR USING OR CARRYING A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``5'' and inserting ``7''; (B) in clause (ii), by striking ``7'' and inserting ``10''; and (C) in clause (i), by striking ``10'' and inserting ``12''; and (2) in subparagraph (B)(i), by striking ``10'' and inserting ``15''. SEC. 104. EXEMPTION FOR OFF DUTY LAW ENFORCEMENT OFFICERS UNDER THE GUN-FREE SCHOOL ZONES ACT. Section 922(q)(2)(B)(vi) of title 18, United States Code, is amended by inserting ``or while off-duty'' before the semicolon. TITLE II--MULTI-JURISDICTIONAL ANTI-GANG TASK FORCES SEC. 201. ASSISTANCE FOR MULTI-JURISDICTIONAL ANTI-GANG TASK FORCES. (a) In General.--The Attorney general, in consultation with appropriate State and local officials, shall-- (1) establish anti-gang task forces, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders; (2) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each task force; (3) provide all necessary funding for the operation of the task force; and (4) provide all necessary funding for national and regional meetings of task forces, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices and for any other related purpose. (b) Membership.--The task forces shall consist of agents and officers, where feasible, from-- (1) the Federal Bureau of Investigation; (2) the Drug Enforcement Administration; (3) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (4) the United States Marshals Service; (5) the Directorate of Border and Transportation Security of the Department of Homeland Security; (6) the Department of Housing and Urban Development; (7) State and local law enforcement; and (8) Federal, State, and local prosecutors. (c) Authorization of Appropriations.--There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2011 to carry out this section.
Violent Crime Reduction Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for violent crimes committed to further racketeering activities; (2) increase penalties for using or carrying a firearm while committing a crime of violence or a drug trafficking crime; and (3) grant to off-duty law enforcement officers an exemption from the prohibition against possessing a firearm in a school zone. Amends the Controlled Substances Act to impose enhanced criminal penalties for committing a crime of violence (i.e., murder, kidnapping, aggravated sexual abuse, maiming, or assault resulting in serious bodily injury) during and in relation to a drug trafficking crime. Directs the Attorney General to establish and assist anti-gang task forces comprised of federal, state, and local law enforcement authorities to combat criminal gangs and offenders.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacy Competition and Consumer Choice Act of 2011''. SEC. 2. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. (a) Amendment to the Public Health Service Act Relating to the Group Market.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2729. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. ``(a) In General.--Notwithstanding any other provision of law, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan (collectively, a `plan sponsor'), shall not enter into a contract with any pharmacy benefits manager (referred to in this section as a `PBM') to manage the prescription drug coverage provided under such plan or insurance coverage, or to control the costs of such prescription drug coverage, unless the PBM satisfies the following requirements: ``(1) Required disclosures to plan sponsor in annual report.--The PBM shall provide at least annually a report to each plan sponsor, including, at a minimum-- ``(A) information on the number and total cost of prescriptions under the contract filled at mail order and at retail pharmacies; ``(B) an estimate of aggregate average payments under the contract, per prescription (weighted by prescription volume), made to mail order and retail pharmacies, and the average amount per prescription that the PBM was paid by the plan for prescriptions filled at mail order and retail pharmacies; ``(C) an estimate of the aggregate average payment per prescription (weighted by prescription volume) under the contract received from pharmaceutical manufacturers, including all rebates, discounts, price concessions, or administrative and other payments from pharmaceutical manufacturers, and a description of the types of payments, the amount of such payments that were shared with the plan, and the percentage of prescriptions for which the PBM received such payments; ``(D) information on the overall percentage of generic drugs dispensed under the contract separately at retail and mail order pharmacies, and the percentage of cases in which a generic drug is dispensed when available; and ``(E) information on the percentage and number of cases under the contract in which individuals who had been receiving a prescribed drug that had a lower cost for the plan were later given a drug with a higher cost for the plan, because of PBM policies or at the direct or indirect control of the PBM, and the rationale for such changes and a description of the applicable PBM policies. ``(2) PBM requirements with respect to pharmacies.--With respect to contracts between a PBM and a pharmacy, the PBM shall-- ``(A) include in such contracts, the methodology and resources utilized for the Maximum Allowable Cost (referred to in this section as `MAC') pricing of the PBM, update pricing information on such list at least weekly, and establish a process for the prompt notification of such pricing updates to network pharmacies; ``(B) agree to provide timely updates, not less than once every 3 business days, to pharmacy product pricing files used to calculate prescription prices that will be used to reimburse pharmacies; ``(C) agree to pay pharmacies promptly for clean claims under section 1860D-12(b)(4) of the Social Security Act (42 U.S.C. 1395w-112(b)(4)); ``(D) not require that a pharmacist or pharmacy participate in a pharmacy network managed by such PBM as a condition for the pharmacy to participate in another network managed by such PBM, and shall not exclude an otherwise qualified pharmacist or pharmacy from participation in a particular network provided that the pharmacist or pharmacy-- ``(i) accepts the terms, conditions and reimbursement rates of the PBM; ``(ii) meets all applicable Federal and State licensure and permit requirements; and ``(iii) has not been excluded from participation in any Federal or State program; ``(E) not automatically enroll a pharmacy in a contract or modify an existing contract without written agreement from the pharmacy or pharmacist; and ``(F) require each pharmacy to sign a contract before assuming responsibility to fill prescriptions for the PBM. ``(3) PBM ownership interests and conflicts of interest; pharmacy choice.--A PBM shall not-- ``(A) mandate that a covered individual use a specific retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy practice site or entity if the PBM has an ownership interest in such pharmacy, practice site, or entity or the pharmacy, practice site, or entity has an ownership interest in the PBM; or ``(B) provide incentives to covered plan beneficiaries, in the form of variations in premiums, deductibles, co-payments, or co-insurance rates, to encourage plan beneficiaries to use a specific pharmacy if such incentives are only applicable to a pharmacy, practice site, or entity that the PBM has an ownership interest in, unless such incentives are applicable to all network pharmacies. ``(4) PBM audit of pharmacy providers.--The following shall apply to audits of pharmacy providers by a PBM: ``(A) The period covered by an audit may not exceed 2 years from the date the claim was submitted to or adjusted by the PBM. ``(B) An audit that involves clinical or professional judgment shall be conducted by, or in consultation with, a pharmacist licensed in the State of the audit or the State board of pharmacy. ``(C) The PBM may not require more stringent recordkeeping than that required by State or Federal law. ``(D) The PBM or the entity conducting an audit for the PBM shall establish a written appeals process that shall include procedures for appeals for preliminary reports and final reports. ``(E) The pharmacy, practice site, or other entity may use the records of a hospital, physician, or other authorized practitioner to validate the pharmacy records and any legal prescription (one that complies with State Board of Pharmacy requirements) may be used to validate claims in connection with prescriptions, refills, or changes in prescriptions. ``(F) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not be subject to recoupment unless proof of intent to commit fraud or unless such discrepancy results in actual financial harm to an interested party. ``(G) The entity conducting the audit shall not use extrapolation or other statistical expansion techniques in calculating the recoupment or penalties for audits. ``(H) The PBM shall disclose any audit recoupment to the group health plan or health insurance issuer with a copy to the pharmacy. ``(5) PBM conduct regarding covered individuals.--A PBM shall-- ``(A) notify a plan sponsor if such PBM intends to sell utilization or claims data that the PBM possesses as a result of an arrangement described in this section; ``(B) notify the plan sponsor in writing at least 30 days before selling, leasing, or renting such data and shall provide the plan sponsor with the name of the potential purchaser of such data and the expected use of any utilization or claims data by such purchaser; ``(C) not sell such data unless the sale complies with all Federal and State laws and the PBM has received written approval for such sale from the plan sponsor; ``(D) not directly contact a covered individual by any means (including via electronic delivery, telephonic, SMS text or direct mail) without the express written permission of the plan sponsor and the covered individual; ``(E) not transmit any personally identifiable utilization or claims data to a pharmacy owned by the PBM if the patient has not voluntarily elected in writing to fill that particular prescription at the PBM-owned pharmacy; and ``(F) provide each covered individual with an opportunity to affirmatively opt out of the sale of his or her data prior to entering into any arrangement for the lease, rental, or sale of such information. ``(b) Definition.--For purposes of this section, the term `fraud' has the meaning given the term `health care fraud' in section 1347 of title 18, United States Code.''. (2) Effective date.--The amendment made by this subsection shall apply to plan sponsors for plan years beginning on or after the date of enactment of this Act. (b) Amendments to the Public Health Service Act Relating to the Individual Market.-- (1) In general.--Subpart 2 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following: ``SEC. 2754. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. ``The provisions of section 2729 of the Public Health Service Act shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (2) Conforming amendments.-- (A) ERISA amendment.-- (i) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 716. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. ``The provisions of section 2729 of the Public Health Service Act shall apply to a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (ii) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 714 the following: ``Sec. 715. Additional market reforms. ``Sec. 716. Pharmacy benefits manager transparency and proper operation requirements.''. (B) IRC amendment.-- (i) In general.--Subpart B of chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.) is amended by adding at the end the following: ``SEC. 9814. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. ``The provisions of section 2729 of the Public Health Service Act shall apply to a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (ii) Clerical amendment.--The table of sections for subpart B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 9813 the following new item: ``Sec. 9814. Pharmacy benefits manager transparency and proper operation requirements.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act. (c) Medicare Prescription Drug Plans.-- (1) In general.--Subpart 2 of part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-111 et seq.) is amended by adding at the end the following: ``SEC. 1860D-17. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION REQUIREMENTS. ``The provisions of section 2729 of the Public Health Service Act shall apply to health insurance coverage offered by a prescription drug plan under this part in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (2) Effective date.--The amendment made by this subsection shall apply with respect to plan years beginning on or after the date of enactment of this Act.
Pharmacy Competition and Consumer Choice Act of 2011 - Amends the Public Health Service Act, the Employee Retirements Income Security Act of 1974 (ERISA), the Internal Revenue Code, and part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to prohibit a group or individual health plan from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan or to control the costs of such coverage unless the PBM satisfies the requirements of this Act. Directs a PBM to provide at least annually a report to each plan sponsor that includes information on the number and total costs of prescriptions under the contract, payments to pharmacies, payments from pharmaceutical manufacturers, and generic drugs and brand name drugs dispensed. Sets forth provisions governing the interaction between a PBM and pharmacies that contract with the PBM, including requiring a PBM to: (1) include in contracts drug pricing information and agree to provide timely updates on pricing, (2) agree to pay pharmacies promptly for clean claims, (3) not exclude qualifying pharmacies willing to accept terms and conditions of the PBM, and (4) require each pharmacy to sign a contract before assuming responsibility to fill prescriptions for the PBM. Prohibits a PBM from mandating or providing incentives to beneficiaries for use of a pharmacy in which the PBM has an ownership interest. Sets forth limits on audits of pharmacy providers by a PBM, including with respect to record keeping, appeals, and recoupment. Establishes limits and notice requirements related to PBMs selling claims or utilization data.
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SECTION 1. FINDINGS. Congress finds the following: (1) The Kingdom of Saudi Arabia does not provide legal protection for freedom of religion because Salafi Islam is the official religion of the country. (2) The Mutawwa'in, or religious police, has engaged in the persecution of non-Muslims in Saudi Arabia, most recently in the late May 2005 detention of seven Christians whose private security and property were violated. (3) The annual Department of State Report on International Religious Freedom states that citizens of Saudi Arabia are denied the freedom to choose or change their religion. Specifically, conversion by a Muslim to another religion is considered apostasy, a crime punishable by death if the accused does not recant. (4) Sunni Muslims are discriminated against in government employment and higher education and there are still cases in textbooks and teachings of anti-Shi'a instruction. (5) Individuals of the Hindu and Sikh faiths are considered under Sharia law to be polytheists and are therefore permitted in accidental death or injury compensation to be allowed only \1/16\ of the amount a male Muslim receives in compensation in similar instances. (6) Saudi Arabia continues to prohibit non-Muslim clergy to enter the country and conduct religious services, which particularly affects religious believers such as Catholics and Orthodox Christians who require religious clergy and services regularly as part of their faith. (7) Many Christians in Saudi Arabia have been detained and deported for praying or for other practices relating to the expression of their faith. (8) Saudi Arabia law requires Saudi citizens to carry an Iqamas, or a legal resident identity card, which contains designation for ``Muslim'' and ``non-Muslim'', which leads to discrimination by the police of non-Muslims. (9) The Government of Saudi Arabia continues to violate freedom of speech, as exhibited in the November 2003 case of Mansur al-Noqaidan who criticized the Saudi Government's response to religious extremism in an editorial in The New York Times and was subsequently sentenced to lashings for incendiary comments. (10) As compiled in an extensive report by Freedom House, it was found that Saudi Arabia's General Presidency for Managing Research and Religious Fatwas disseminated through mosques in the United States ``Document No. 20,'' which states: ``It is not right for a Muslim to support the unbelievers, or to ask them to support him against his enemies, they are the enemy, do not trust them . . . Muslims should not be recruited into their Army, whether they are Arabs or non-Arabs, because the unbeliever is the enemy of the believer.''. (11) In the same Freedom House report, it was discovered that the Saudi Embassy in Washington, D.C., through its Cultural Department, distributed fatwas against Muslims who are seeking to obtain United States citizenship, even if such individuals are stateless. As an example, ``Document No. 44'' states: ``It is forbidden for a Muslim to become citizens of a country [such as the United States] governed by infidels,'' which exhibits a clear hatred and contempt for civil society and pluralism in the United States. (12) The Saudi Air Force, Foreign Ministry, and Embassy in Washington, D.C., have been used to propagate the aforementioned hate ideology and to facilitate religious extremism into the United States by spreading anti-pluralistic and anti-democratic ideologies. (13) Saudi Arabia is a country that practices religious apartheid and continuously subjugates its citizenry, both Muslim and non-Muslim, to a specific interpretation of Islam. Saudi Arabia is a country that, through its system of education and segregation, is a breeding pool for terrorists. Saudi Arabia is a country that exports through official government agencies both terrorists and its discriminatory values. Saudi Arabia is also a country that benefits from American money through intermediate companies which fund such activities. SEC. 2. STATEMENT OF POLICY RELATING TO DIVESTITURE FROM SAUDI ARABIA. It shall be the policy of the United States to work to ensure that managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States immediately initiate efforts to divest all investments of such plans or funds in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities. It shall further be the policy of the United States to ensure that assets from such divestitures are not to be invested in the stocks, securities, or other obligations of any entity that directly or through a subsidiary is engaged in financial activities in Saudi Arabia or its instrumentalities. SEC. 3. STATEMENT OF POLICY RELATING TO PROHIBITION ON FUTURE INVESTMENT. It shall be the policy of the United States to ensure that there is no future investment in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities. It shall further be the policy of the United States to ensure that no such assets are invested in the stocks, securities, or other obligations of any entity that directly or through a subsidiary is engaged in business with Saudi Arabia or its instrumentalities. SEC. 4. REPORT. (a) In General.--Not later than 30 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of the Treasury, in consultation with the Secretary of Commerce, shall submit to Congress a report on all investments sold, redeemed, divested, or withdrawn from the Kingdom of Saudi Arabia or its instrumentalities. (b) Information to Be Included in Report.--The report required by subsection (a) shall contain the following information with respect to each investment described in such subsection: (1) The name or other identification of the entity. (2) The amount of the investment in the entity. (3) The progress made toward divestment. (4) Efforts by the Department of the Treasury and Department of Commerce to inform United States investors of policies articulated in sections 3 and 4 of this Act and the policies of the Kingdom of Saudi Arabia that this Act seeks to address.
Makes it the policy of the United States to: (1) work to ensure the divestiture by U.S. government and private pension plans or thrift savings plans and mutual funds sold or distributed in the United States of all investments in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities; and (2) ensure there is no such future investment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Base Transition Acceleration Act of 1995''. SEC. 2. REVISION OF DISPOSAL PROCESS. Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph (8): ``(8)(A) Except as provided in paragraphs (1) and (9) and notwithstanding any other provision of law, the disposal of buildings and property located at installations approved for closure under this part after January 1, 1995, shall be governed by the provisions of this paragraph. No individual, group, or other entity (other than a department or agency of the Federal Government acting solely on behalf of such department or agency) may seek the use, by transfer or otherwise, of buildings and property at installations covered by this paragraph except through the redevelopment plans for such installations under this paragraph. ``(B)(i) The Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations regarding whether another department or agency of the Federal Government has identified a use for any portion of an installation covered by this paragraph, or will accept transfer of any portion of such an installation, are completed not later than 60 days after the date of approval of closure of the installation. ``(ii) Upon the completion of the determinations referred to in clause (i) with respect to an installation, the Secretary shall publish the results of the determinations in the Federal Register. In publishing such results, the Secretary shall clearly identify the buildings and property at the installation for which another department or agency has identified a use or of which another department or agency will accept transfer. ``(C)(i) Not later than 180 days after the date of completion of determinations with respect to an installation under subparagraph (B), the redevelopment authority for the installation shall prepare and submit to the Secretary a redevelopment plan for the installation. The redevelopment plan shall address the buildings and property of the installation that are not identified by the Secretary under the second sentence of subparagraph (B)(ii). ``(ii)(I) Notwithstanding section 2910(9), the redevelopment authority for an installation covered by this paragraph shall consist of any State and local governments and tribal governments affected by the closure of the installation and any United States citizens, or groups of such citizens, residing in a community in the vicinity of the installation, which governments and citizens are recognized by the Secretary as the redevelopment authority for purposes of this paragraph. ``(II) The chief executive officer of the State in which an installation covered by this paragraph is located may resolve any disputes among citizens or groups of citizens as to the individuals and groups constituting the redevelopment authority for the installation. ``(D)(i) Not later than 60 days after the date of the submittal of a redevelopment plan under subparagraph (C), the Secretary shall-- ``(I) review the plan for purposes of determining whether to accept or reject the plan; and ``(II) accept or reject the plan. ``(ii) The Secretary shall notify the redevelopment authority concerned of the acceptance or rejection of a plan by the Secretary under clause (i). If the Secretary rejects the plan, the Secretary shall set forth in the notice the reasons for rejecting the plan. ``(E) If the Secretary rejects a redevelopment plan under subparagraph (D)(i)(II), the redevelopment authority concerned may prepare and submit to the Secretary a revised redevelopment plan for the installation concerned. The redevelopment authority shall submit a revised redevelopment plan under this subparagraph, if at all, not later than 90 days after the date on which the Secretary notifies the redevelopment authority of the rejection of the plan concerned by the Secretary under subparagraph (D). ``(F)(i) Not later than 30 days after the date of the submittal of a revised redevelopment plan under subparagraph (E), the Secretary shall-- ``(I) review the plan for purposes of determining whether to accept or reject the plan; and ``(II) accept or reject the plan. ``(ii) The Secretary shall notify the redevelopment authority concerned of the acceptance or rejection of a plan by the Secretary under clause (i). ``(G)(i) The Secretary shall dispose of buildings and property at an installation covered by this paragraph-- ``(I) in the case of buildings or property for which another Federal department or agency has identified a use or of which another Federal department or agency has requested transfer under subparagraph (B), by transfer or other appropriate means of disposal of such buildings or property to the department or agency; and ``(II) in the case of buildings or property covered by the provisions of a redevelopment plan approved by the Secretary under this paragraph, in accordance with the provisions of the redevelopment plan. ``(ii) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph. ``(H) The Secretary may, in consultation with the redevelopment authority concerned, postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation.''.
Base Transition Acceleration Act of 1995 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense, with respect to the disposal of buildings and property located at military installations approved for closure under such Act after January 1, 1995, to ensure that final determinations regarding whether another Federal department or agency has identified a use for, or will accept a transfer of, any portion of such an installation are completed no later than 60 days after the date of approval of closure of the installation. Requires publication in the Federal Register of the results of such determinations. Requires the redevelopment authority (RA) for such installation, within 180 days after the completion of such determinations, to prepare and submit to the Secretary a redevelopment plan for the installation that addresses the buildings and property that are not claimed for use or transfer by another Federal department or agency. States that an RA shall consist of such State, local, or tribal governments, or citizens residing in the vicinity, of such installation. Requires the Secretary to accept or reject a redevelopment plan within 60 days of its submission, with appropriate notification to the RA. Allows an RA whose plan has been rejected to submit a revised plan for consideration within 90 days after such notification, and requires the Secretary to accept or reject such revised plan within 30 days of submission, with appropriate RA notification. Provides for disposal of an installation's buildings and property to another Federal department or agency, or in accordance with an accepted redevelopment plan, as appropriate. Allows the Secretary to postpone or extend any deadline provided under this Act if determined to be in the best interests of the communities affected by the closure of the installation.
{"src": "billsum_train", "title": "Base Transition Acceleration Act of 1995"}
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SECTION 1. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF RELIGIOUS FREEDOM. Section 401(b)(2) of the International Religious Freedom Act of 1998 (22 U.S.C. 6441(b)(2)) is amended to read as follows: ``(2) Deadline for actions.-- ``(A) In general.--Except as provided in subparagraph (B), not later than 90 days after the date on which each report is submitted under section 102(b), the President shall take 1 or more of the actions described in section 405(a) or a commensurate action with respect to each foreign country in which the government has engaged in or tolerated violations of religious freedom at any time since the previous such report was submitted. ``(B) Additional prerequisite.--The President may not take any of the actions described in paragraphs (9) through (15) of section 405(a) or a commensurate action until the President certifies that the requirements under sections 403 and 404 have been satisfied.''. SEC. 2. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. (a) Designations of Countries of Particular Concern for Religious Freedom.--Section 402(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``Not later than September 1 of each year, the President shall review'' and inserting the following: ``Not later than 90 days after the date on which each report is submitted under section 102(b), the President shall-- ``(i) review''; and (ii) by striking ``or since the date'' and all that follows through ``longer. The President shall designate'' and inserting the following: ``longer; and ``(ii) designate''; and (B) in subparagraph (C), by striking ``prior to September 1 of the respective year'' and inserting ``before the date on which the report is submitted under section 102(b)''; and (2) in paragraph (3)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving each clause 2 ems to the right; (B) in the matter preceding clause (i), as redesignated-- (i) by striking ``Whenever'' and inserting the following: ``(A) In general.--Whenever''; and (ii) by striking ``as soon as practicable'' and inserting ``not later than 120 days''; (C) in subparagraph (A), as redesignated-- (i) in clause (i), as redesignated, by striking ``and'' at the end; (ii) in clause (ii), as redesignated, by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) the actions taken, the purposes of the actions taken, and evaluation of the effectiveness of the actions taken.''; and (D) by adding at the end the following: ``(B) Countries recommended by the commission.--If the President does not designate a country as a country of particular concern for religious freedom under paragraph (1)(A) after the Commission has recommended such designation, the President shall submit a report to Congress that contains the reasons for such nondesignation. ``(C) Removal of designation.--A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A) shall retain such designation until the President determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the country should no longer be so designated.''. (b) Presidential Actions With Respect to Countries of Particular Concern for Religious Freedom.--Section 402(c)(5) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(c)(5)) is amended-- (1) in the second sentence-- (A) by striking ``must'' and inserting ``shall''; (B) by striking ``he'' and inserting ``the President''; and (C) by inserting ``and include a description of the impact of the designation of such sanction or sanctions'' before the period at the end; and (2) by adding at the end the following: ``The President shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that explains why the decision was made that 1 or more of such sanctions also satisfy the requirements of this subsection.''. SEC. 3. CONSULTATIONS. Section 403(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6443(a)) is amended by striking ``As soon as practicable'' and inserting ``Not later than 90 days''. SEC. 4. PRESIDENTIAL WAIVER. Section 407(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6447(a)) is amended by inserting ``, for a 180-day period,'' after ``may waive''. SEC. 5. TERMINATION OF PRESIDENTIAL ACTIONS. Section 409 of the International Religious Freedom Act of 1998 (22 U.S.C. 6449) is amended by striking ``on the earlier of'' and all that follows through ``Upon'' and inserting ``upon''.
Amends the International Religious Freedom Act of 1998 to revise presidential requirements, including reporting requirements, with respect to the designation of a country as a country of particular concern for religious freedom.
{"src": "billsum_train", "title": "A bill to amend the International Religious Freedom Act of 1998 to support religious freedom in foreign countries."}
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SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM. (a) Payments Relating to Federal Acquisition of Real Property.-- Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended-- (1) in subsection (a), by striking ``shall be eligible'' and inserting ``is entitled''; and (2) by striking subsections (h) and (i). (b) Payments for Eligible Federally Connected Children.-- (1) Computation of payment.--Section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)) is amended by striking ``is eligible'' and inserting ``is entitled''. (2) Basic support payments and payments with respect to fiscal years in which insufficient funds are appropriated.-- Section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is amended-- (A) in the heading, by striking ``and Payments With Respect to Fiscal Years in Which Insufficient Funds Are Appropriated''; (B) in paragraph (1)-- (i) in subparagraph (A), by striking ``From the amount appropriated under section 8014(b) for a fiscal year, the Secretary is authorized to'' and inserting ``The Secretary shall''; (ii) in subparagraph (B)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; and (II) by striking ``is eligible'' and inserting ``is entitled''; and (iii) in subparagraph (C)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; (II) by striking ``maximum amount'' and inserting ``amount''; and (III) by striking ``is eligible'' and inserting ``is entitled''; (C) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (i), by striking ``From the amount appropriated under section 8014(b) for a fiscal year, the Secretary is authorized to'' and inserting ``The Secretary shall''; and (II) in clause (ii), by striking ``eligible'' and inserting ``entitled''; (ii) in subparagraph (B)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; (II) in clause (i), by striking ``is eligible'' and inserting ``is entitled''; (III) in clause (ii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; (bb) by striking ``shall be ineligible'' and inserting ``shall not be entitled''; and (cc) by striking ``ineligibility'' and inserting ``nonentitlement''; and (IV) in clause (iii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; (bb) by striking ``becomes ineligible'' and inserting ``is not entitled''; and (cc) by striking ``eligibility'' each place it appears and inserting ``entitlement''; (iii) in subparagraph (C)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; (II) in clause (i), by striking ``is eligible'' and inserting ``is entitled''; (III) in clause (ii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; and (bb) by striking ``becomes ineligible'' and inserting ``is not entitled''; and (IV) in clause (iii), by striking ``becoming ineligible'' and inserting ``losing entitlement status''; (iv) in subparagraph (D)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; and (II) in clause (i)-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``is eligible'' and inserting ``is entitled''; and (v) in subparagraph (E)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; and (II) in clause (i)(I)-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``is eligible'' and inserting ``is entitled''; (D) by striking paragraph (3); and (E) in paragraph (4)-- (i) in subparagraph (A), by striking ``paragraph (3)''; and (ii) in subparagraph (B)-- (I) in the heading-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``and threshold payment''; (II) by striking ``maximum'' each place it appears; and (III) by striking ``and the learning opportunity threshold payment under subparagraph (B) or (C) of paragraph (3), as the case may be,''. (c) Policies and Procedures Relating to Children Residing on Indian Lands.--Section 8004(e)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7704(e)(8)) is amended by striking ``is eligible'' and inserting ``is entitled''. (d) Application for Payments Under Sections 8002 and 8003.--Section 8005(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(b)(1)) is amended by striking ``eligibility'' and inserting ``entitlement''. (e) Construction.--Section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``section 8014(e)'' and inserting ``subsection (c)''; and (B) in paragraph (3), by striking ``section 8014(e)'' each place it appears and inserting ``subsection (c)''; (2) in subsection (b)(1), by striking ``section 8014(e)'' and inserting ``subsection (c)''; and (3) by adding at the end the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.''. (f) Facilities.--Section 8008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7708) is amended-- (1) in subsection (a), by striking ``section 8014(f)'' and inserting ``subsection (c)''; and (2) by adding at the end the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.''. (g) Authorization of Appropriations.--Section 8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is amended to read as follows: ``SEC. 8014. APPROPRIATIONS AND RULE OF CONSTRUCTION. ``(a) Appropriation.--For the purpose of making payments to local educational agencies under sections 8002 and 8003 for each fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to make such payments in each such fiscal year. ``(b) Entitlement.--The provisions of this title relating to payments under sections 8002 and 8003 shall constitute budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to local educational agencies of amounts provided for under such sections. ``(c) Rule of Construction.--Nothing in this title shall be interpreted to entitle any individual to assistance under any program, project, or activity of a local educational agency, State agency, or other governmental entity funded under this title.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2003, or the date of enactment of this Act, whichever occurs later.
Amends the Elementary and Secondary Education Act of 1965 to entitle certain local educational agencies (LEAs) to receive specified Federal payment amounts under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. (Current law makes such LEAs eligible for such payments up to specified maximum amounts.)Extends the authorization of appropriations for: (1) construction and school modernization payments for certain LEAs, including ones with high percentages of children living on Indian lands or children of military parents; and (2) facilities maintenance payments for certain schools located on military bases and serving military dependent children.Makes appropriations for payments in each fiscal year to LEAs under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. Declares that provisions relating to payments for such programs constitute budget authority in advance of appropriations and represent the Federal obligation to pay such amounts to LEAs.
{"src": "billsum_train", "title": "A bill to amend the impact aid program under the Elementary and Secondary Education Act of 1965 to improve the delivery of payments under the program to local educational agencies."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Fairness Act of 2005''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (d) Conforming Amendments Regarding Payment of Benefits for Month of Recipient's Death.-- (1) Old-age insurance benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (2) Wife's insurance benefits.-- (A) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (3) Husband's insurance benefits.-- (A) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (4) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (B) by striking ``dies, or'' in subparagraph (D). (5) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (6) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (7) Mother's and father's insurance benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (A) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (B) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (8) Parent's insurance benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (9) Disability insurance benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (10) Benefits at age 72 for certain uninsured individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (11) Exemption from maximum benefit cap.--Section 203 of such Act (42 U.S.C. 403 is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 3. INCREASE IN LUMP-SUM DEATH PAYMENTS. Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in subparagraph (B) (as redesignated), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; (3) by inserting ``(1)'' after ''(i)''; (4) by striking ``three times'' and all that follows through ``smaller,'' and inserting ``the applicable dollar amount for the calendar year in which the death occurs (determined under paragraph (2))''; and (5) by adding at the end the following new paragraph: ``(2)(A) Except as otherwise provided in subparagraph (B), the applicable dollar amount for any calendar year is $970. ``(B) In each calendar year after 2005, the Commissioner of Social Security shall determine and publish in the Federal Register, on or before November 1 of such calendar year, the applicable dollar amount for the next calendar year. Such dollar amount shall be equal to the product derived by multiplying-- ``(i) $970, by ``(ii) the ratio of-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination is made, to ``(II) the national average wage index (as so defined) for calendar year 2004. If such product is not a multiple of $5.00, such product shall be rounded to the next higher multiple of $5.00 in any case in which such product is a multiple of $2.50 but not of $5.00, and to the nearest multiple of $5.00 in any other case.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 90 days after the date of the enactment of this Act.
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the usual benefit amount; and (2) provide for an increase in lump-sum death payments.
{"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and to increase the lump sum death payment to reflect changes in the cost of living."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``NDRF Ship Disposal Act of 1993''. SEC. 2. DISPOSAL OF NATIONAL DEFENSE RESERVE FLEET VESSELS. (a) Disposal Requirement.-- (1) In general.--Notwithstanding any other provision of law (other than paragraph (3)) and before January 1, 1999, the Secretary of Transportation shall dispose of all vessels that are in the National Defense Reserve Fleet on the date of the enactment of this Act and that-- (A) are not assigned to the Ready Reserve Force component of that fleet; and (B) are not specifically authorized or required by statute to be used for a particular purpose. (2) Notification of secretary of the navy.--The Secretary shall notify the Secretary of the Navy of the intent of the Secretary to dispose of a vessel under this section, by not later than 90 days before the date of that disposal. (3) Limitations on disposal requirement.-- (A) Retention for national defense purposes.--The Secretary shall not dispose of a vessel under this section if the Secretary of the Navy certifies to the Secretary within 30 days after receiving notification of the intent of the Secretary to dispose of the vessel, that-- (i) the vessel is militarily useful, and (ii) retention of the vessel in the National Defense Reserve Fleet is necessary for national defense purposes. (B) Use by state or federal agency.--The Secretary is authorized to not dispose of a vessel otherwise required to be disposed of under this section if the Secretary certifies to the Congress that the vessel is needed for use by a State or Federal governmental agency. (C) Recertification required after one year.-- Notwithstanding subparagraphs (A) and (B), the Secretary-- (i) may dispose of a vessel after the one- year period beginning on the date on which the Secretary of the Navy makes a certification described in subparagraph (A) with respect to the vessel, unless the Secretary of the Navy makes a subsequent certification under that subparagraph with respect to the vessel; and (ii) shall dispose of a vessel after the one-year period beginning on the date the Secretary makes a certification described in subparagraph (B) with respect to the vessel, unless the Secretary makes a subsequent certification under that subparagraph with respect to the vessel. (D) Endangered species act.--This section shall not be construed as superseding, or authorizing any activity prohibited by, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) Method of disposal.--Except as provided in subsection (c), the Secretary shall dispose of vessels pursuant to this section-- (A) in accordance with section 508 or 510(i) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1158, 1160(i)); and (B) in the case of vessels disposed of after 3 months after the effective date of this section, in accordance with the plan submitted by the Secretary under subsection (b). (b) Vessel Disposal Plan.-- (1) In general.--The Secretary shall submit to the Congress a plan for disposing of vessels pursuant to this section, by not later than 3 months after the effective date of this section. (2) Contents.--The plan submitted under this subsection shall include-- (A) procedures to be followed in disposing of vessels, including procedures for notifying the Secretary of the Navy pursuant to subsection (a)(2); (B) standards developed by the Secretary for-- (i) identifying vessels to be disposed of, (ii) establishing the priority for disposing of each vessel so identified, and (iii) making certifications under subsection (a)(3)(B); (C) standards developed by the Secretary of the Navy for making certifications under subsection (a)(3)(A); and (D) a preliminary schedule for vessel disposals which indicates the number of vessels, or percentage of the total number of vessels required to be disposed of, that will be disposed of each year. (c) Use of Vessels for Artificial Reef Program.-- (1) Identification and application by state.--The Secretary may select not more than 15 of the vessels required to be disposed of under this section, for which any State may apply for use as an offshore artificial reef in accordance with the Act entitled ``An Act to authorize appropriations for fiscal year 1973 for certain programs of the Department of Commerce and for other purposes'', approved August 22, 1972 (16 U.S.C. 1220 et seq.). (2) Requirement to transfer.--The Secretary shall transfer, in accordance with the Act referred to in paragraph (1), a vessel identified under paragraph (1) to a State which fulfills the requirements for that transfer under that Act. (d) Definitions.--For purposes of this section: (1) National defense reserve fleet.--The term ``National Defense Reserve Fleet'' means that fleet maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744). (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (e) Effective Date.--This section shall take effect on January 1, 1994.
NDRF Ship Disposal Act of 1993 - Mandates the disposal of all vessels in the National Defense Reserve Fleet unless: (1) assigned to the Ready Reserve Force; (2) specifically authorized or required by statute to be used for a particular purpose; (3) necessary for national defense purposes (requires annual recertification); or (4) needed for State or Federal agency use (requires annual recertification). Allows use of 15 vessels being disposed of for the artificial reef program under specified Federal law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The inappropriate sale or purchase of social security numbers is a significant factor in a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used social security numbers to confirm the identity of an individual, the sale or purchase of these numbers often facilitates the commission of criminal activities, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security number in order to pay taxes, to qualify for social security benefits, or to seek employment. An unintended consequence of these requirements is that social security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of this system. (4) A social security number is simply a sequence of numbers. In no meaningful sense can the number itself impart knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to express to the purchaser any ideas, knowledge, or thoughts. (5) A social security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The sale of such numbers in no way facilitates uninhibited, robust, and wide-open public debate, and restrictions on such sale would not affect public debate. (6) No one should seek to profit from the sale of social security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (7) Consequently, Congress should enact legislation that will offer individuals assigned such numbers necessary protection from the sale and purchase of social security numbers in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.-- (A) In general.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a social security number or social security account number. (B) Exclusions.--Such term does not include-- (i) the submission of such a number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program); or (ii) transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507). (4) Purchase.-- (A) In general.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a social security number or social security account number. (B) Exclusions.--Such term does not include-- (i) the submission of such a number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program); or (ii) transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507). (5) Social security number; social security account number.--The terms ``social security number'' and ``social security account number'' have the meaning given those terms in section 208(c) of the Social Security Act (42 U.S.C. 408(c)). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS AND SOCIAL SECURITY ACCOUNT NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a social security number or a social security account number in a manner that violates a regulation promulgated by the Commission under subsection (b). (b) Regulations.-- (1) In general.--The Commission, after consultation with the Commissioner of Social Security, the Department of Justice, and other Federal agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of social security numbers and social security account numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of social security numbers and social security account numbers. (2) Requirements.-- (A) Restrictions and conditions.-- (i) In general.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of social security numbers and social security account numbers that are no broader than necessary-- (I) to provide reasonable assurances that social security numbers and social security account numbers will not be used to commit or facilitate fraud, deception, or crime; and (II) to prevent an undue risk of bodily, emotional, or financial harm to an individual. (ii) Required considerations for prevention of undue risk.--For purposes of clause (i)(II), the Commission shall consider-- (I) the nature, likelihood, and severity of the anticipated harm; (II) the nature, likelihood, and extent of any benefits that could be realized from the sale or purchase of the numbers; and (III) any other relevant factors. (B) Exceptions.--The regulations promulgated under this subsection shall include exceptions which permit the sale and purchase of social security numbers and social security account numbers-- (i) to the extent necessary for law enforcement or national security purposes; (ii) to the extent necessary for public health purposes; (iii) to the extent necessary in emergency situations to protect the health or safety of one or more individuals; (iv) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (I) the social security numbers or social security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individual; (II) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (III) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (v) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a social security number or a social security account number that has been assigned to that individual; and (vi) under other appropriate circumstances as the Commission may determine are consistent with the findings set forth in section 2 and the principles set forth in subparagraph (A). (c) Rulemaking.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations required under subsection (b) in accordance with section 553 of title 5, United States Code. (2) Effective date.--Subsection (a) and the regulations promulgated under subsection (b) and section 208 of the Social Security Act (42 U.S.C. 408) (as amended by section 5) shall take effect 30 days after the date on which the final regulations issued under subsection (b) are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) shall be treated in the same manner as a violation of a rule promulgated under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Applicability of Act.-- (1) The commission.-- (A) In general.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Application of penalties, privileges, and immunities.--Any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (C) Rule of construction.--Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) In general.--In any case in which the Attorney General of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this paragraph, the Attorney General of the State involved shall provide to the Commission and to the Attorney General of the United States a written notice of that action and a copy of the complaint for that action. If the Attorney General of the State involved determines that it is not feasible to provide such notice and copy before the filing of the action, the Attorney General of such State shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General of the United States as soon as practicable after the filing of the complaint. (B) Right to intervene.--Upon receipt of a notice under subparagraph (A), the Commission and the Attorney General of the United States each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter, as described in subparagraph (C); (ii) to intervene in the action that is the subject of the notice; (iii) upon so intervening, to be heard on all matters arising under the action; and (iv) to file petitions for appeal. (C) Prohibition on state action.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or of any regulations promulgated under this Act, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this Act that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an Attorney General of a State from exercising the powers conferred on that Attorney General by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found. SEC. 5. CRIMINAL SANCTIONS UNDER THE SOCIAL SECURITY ACT. Section 208 of the Social Security Act (42 U.S.C. 408) is amended-- (1) in subsection (a)(8), by striking ``or compels the disclosure of'' and inserting ``, compels the disclosure of, or knowingly sells or purchases''; and (2) in subsection (c)-- (A) by striking ``Any'' and inserting ``(1) Any''; and (B) by adding at the end the following new paragraph: ``(2)(A) For purposes of subsection (a)(8)-- ``(i) the term `sells' means obtains, directly or indirectly, anything of value in exchange for a social security number or a social security account number; and ``(ii) the term `purchases' means provides, directly or indirectly, anything of value in exchange for a social security number or a social security account number. ``(B) Such terms do not include the submission of a social security number or a social security account number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program) or transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507).''.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to establish criminal sanctions for sales and purchases of the Social Security number and Social Security account number of any person in violation of the laws of the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2006''. SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively; (2) by inserting after paragraph (2) the following: ``(3) Deficient dam.--The term `deficient dam' means a dam that, as determined by the State within the boundaries of which the dam is located-- ``(A) fails to meet minimum dam safety standards of the State; and ``(B) poses an unacceptable risk to the public.''; and (3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following: ``(11) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam to meet applicable State dam safety and security standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Director shall establish, within FEMA, a program to provide grants to States for use in rehabilitation of publicly-owned deficient dams. ``(b) Grants.-- ``(1) In general.--In carrying out the program established under subsection (a), the Director-- ``(A) may provide grants to States for the rehabilitation of deficient dams; and ``(B) shall enter into a project grant agreement with each State that receives a grant to establish the terms of the grant and the project, including the amount of the grant. ``(2) Application.--To receive a grant under this section, a State shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, by regulation. ``(c) Priority System.--The Director, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be provided under this section. ``(d) Allocation of Funds.--During a fiscal year, of amounts appropriated pursuant to subsection (f)(1) for that fiscal year-- ``(1) \1/3\ shall be distributed equally among the States that receive grants under this section; and ``(2) \2/3\ shall be distributed among the States described in paragraph (1) based on the ratio that-- ``(A) the number of non-Federal publicly-owned dams located within the boundaries of a State that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health; bears to ``(B) the number of non-Federal publicly-owned dams so identified located within the boundaries of all States that receive grants under this section. ``(e) Cost Sharing.--The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section shall be not more than 65 percent. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section, to remain available until expended-- ``(A) $50,000,000 for fiscal year 2007; and ``(B) $100,000,000 for each of fiscal years 2008 through 2010. ``(2) Staff.--There is authorized to be appropriated to provide for the employment of such additional staff of FEMA as the Director determines to be necessary to carry out this section $400,000 for each of fiscal years 2007 through 2009, to remain available until expended.''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Under Secretary for Emergency Preparedness and Response, acting through the Director of the Federal Emergency Management Agency, shall issue a notice of proposed rulemaking regarding the amendments made by section 2 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Under Secretary for Emergency Preparedness and Response, acting through the Director of the Federal Emergency Management Agency, shall promulgate a final rule regarding the amendments described in subsection (a).
Dam Rehabilitation and Repair Act of 2006 - Amends the National Dam Safety Program Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program to provide grants to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Director to develop a risk-based priority system for identifying deficient dams for which such grants may be provided. Limits the federal share of rehabilitation costs to 65%.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Broadband and Emerging Information Technology Enhancement Act of 2010''. SEC. 2. FINDINGS. Congress finds that, according to a report by the Federal Communications Commission entitled ``Connecting America: The National Broadband Plan'', dated March 2010, the Commission recommends that-- (1) ``To fully implement next-generation technology within its operations, the SBA should also appoint a broadband and emerging IT coordinator. This individual would ensure that SBA programs maintain the requisite broadband expertise, tools and training courses to serve small businesses.''; (2) ``Congress should consider ways to leverage existing assistance provided through'' entrepreneurial development programs, ``to focus training on advanced IT and broadband applications''; (3) ``Congress could also consider ways to support technology training among women entrepreneurs through'' women's business centers; (4) ``The training programs should include an entry-level `Broadband 101' course to give small businesses an introduction to how to capitalize on broadband connectivity, as well as more advanced applications for IT staff.''; (5) small and medium enterprise ``IT training should include resources for non-IT staff, such as how to use e- commerce tools for sales, streamline finance with online records or leverage knowledge management across an organization.''; and (6) ``To facilitate the development of broadband networks, Congress should consider allowing all agencies to set the fees for access to rights-of-way for broadband services on the basis of a direct cost recovery approach, especially in markets currently underserved or unserved by any broadband service provider. The Executive Branch should also develop one or more master contracts for all federal property and buildings covering the placement of wireless towers.''. SEC. 3. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. BROADBAND AND EMERGING INFORMATION TECHNOLOGY. ``(a) Definition.--In this section, the term `broadband and emerging information technology coordinator' means the individual assigned the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1). ``(b) Assignment of Coordinator.-- ``(1) Assignment of coordinator.--The Administrator shall assign responsibility for coordinating the programs and activities of the Administration relating to broadband and emerging information technology to an individual who-- ``(A) shall report directly to the Administrator; ``(B) shall work in coordination with-- ``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and ``(ii) any Associate Administrator of the Administration determined appropriate by the Administrator; ``(C) shall not be an employee of the Office of Technology of the Administration; ``(D) has experience developing and implementing telecommunications policy in the private sector or government; and ``(E) has demonstrated significant experience in the area of broadband or emerging information technology. ``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall-- ``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies; ``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; and ``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns. ``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties. ``(c) Broadband and Emerging Technology Training.-- ``(1) Training.--The Administrator shall provide to employees of the Administration training that-- ``(A) familiarizes employees of the Administration with broadband and other emerging information technologies; and ``(B) includes-- ``(i) instruction counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and ``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies. ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(d) Reports.-- ``(1) Biennial report on activities.--Not later than 2 years after the date on which the Administrator makes the first assignment of responsibilities under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator 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 regarding the programs and activities of the Administration relating to broadband and other emerging information technologies. ``(2) Report on federal programs.--Not later than 1 year after the date of enactment of this section, the broadband and emerging information technology coordinator, in consultation with the Secretary of Agriculture, the Assistant Secretary of Commerce for Communications and Information, and the Chairman of the Federal Communications Commission, 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 on the programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies, which shall include recommendations, if any, for improving coordination among the programs.''. SEC. 5. ENTREPRENEURIAL DEVELOPMENT. (a) Assistance by Small Business Development Centers.--Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended-- (1) in the matter preceding clause (i), by inserting ``accessing broadband and other emerging information technology,'' after ``technology transfer,''; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''. (b) Assistance by Women's Business Centers.--Section 29(b)(3) of the Small Business Act (15 U.S.C. 656(b)(3)) is amended by inserting ``using broadband and other emerging information technologies,'' after ``negotiating contracts,''. SEC. 6. CAPITAL ACCESS. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended in the matter preceding paragraph (1) by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after ``equipment''. (b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after ``or equipment''. (c) 504 Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended in the matter preceding paragraph (1) by inserting ``and the purchase of equipment for broadband or other emerging information technologies'' after ``acquisition of land''. SEC. 7. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``qualified small business concern'' means a small business concern located in a rural area; and (2) the term ``rural area'' has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of General Services, 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 describing-- (1) the number of Government-owned computers in the possession of the Administration, including the number of working computers, nonworking computers, desktop computers, and laptop computers; (2) the number of Government-owned computers disposed of by the Administration during the 5-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers; (3) the procedures of the Administration for the disposal of Government-owned computers; and (4) the plans of the Administrator for carrying out the pilot program under subsection (c). (c) Pilot Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide not more than 1,000 excess Government- owned computers each year to qualified small business concerns at no cost or a reduced cost. (2) Purposes of program.--The pilot program established under paragraph (1) shall be designed to-- (A) encourage entrepreneurship in rural areas; (B) assist small business concerns in accessing technology; and (C) accelerate the growth of qualified small business concerns. (3) Termination.--The authority to conduct the pilot program under this subsection shall terminate 3 years after the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 45 days after the date of enactment of this Act, the Administrator, in consultation with the Administrator of General Services, 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 on ways to assist with the development of broadband and wireless technology that would benefit small business concerns. (b) Content of the Report.--The report submitted under subsection (a) shall-- (1) outline the participation by the Administration in the National Antenna Program, including the number of wireless towers deployed on facilities which contain an office of the Administration; (2) information on agreements between the Administration and the General Services Administration related to broadband and wireless deployment in offices of the Administration; and (3) recommendations, if any, on opportunities for the Administration to improve broadband or wireless technology in offices of the Administration that are in areas currently underserved or unserved by broadband service providers.
Small Business Broadband and Emerging Information Technology Enhancement Act of 2010 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to assign an SBA employee to coordinate SBA programs and activities relating to broadband and emerging information technology (BEIT). Requires the Administrator to provide SBA employees BEIT training in order to assist small businesses in the use of such technologies. Requires reports from the coordinator to the congressional small business committees on coordinator activities and on federal programs that provide BEIT assistance to small businesses. Includes accessing and using BEIT as an authorized activity of small business development centers and women's business centers. Authorizes the use of capital provided under SBA loans for the purchase of equipment for BEIT. Requires a report from the Administrator on the number of government-owned computers in use or disposed of by the SBA. Directs the Administrator to establish a pilot program to provide up to 1,000 computers annually to rural small businesses at no cost or reduced cost. Directs the Administrator to report on ways to assist with the development of broadband and wireless technology that would benefit small businesses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Energy Critical Elements and American Jobs Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate. (2) Center.--The term ``Center'' means the Critical Materials Information Center established under section 102(b). (3) Department.--The term ``Department'' means the Department of Energy. (4) Energy critical element.--The term ``energy critical element'' means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (5) Hub.--The term ``Hub'' means the Critical Materials Energy Innovation Hub authorized in section 102(a). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) Program.--The term ``program'' means the program authorized in section 101(a). (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--ENERGY CRITICAL ELEMENTS SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM. (a) Authorization of Program.-- (1) In general.--There is authorized in the Department a program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of energy critical elements sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. This program may be carried out primarily by the Critical Materials Energy Innovation Hub authorized in section 102(a). (2) Program activities.--The program shall focus on areas that the private sector by itself is not likely to undertake because of technical and financial uncertainty and support activities to-- (A) improve methods for the extraction, processing, use, recovery, and recycling of energy critical elements; (B) improve the understanding of the performance, processing, and adaptability in engineering designs using energy critical elements; (C) identify and test alternative materials that can be substituted for energy critical elements and maintain or exceed current performance; and (D) engineer and test applications that-- (i) use recycled energy critical elements; (ii) use alternative materials; or (iii) seek to minimize energy critical element content. (3) Expanding participation.--In carrying out the program, the Secretary shall encourage multidisciplinary collaborations of participants, including opportunities for students at institutions of higher education. (4) Consistency.--The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (5) International collaboration.--In carrying out the program, the Secretary shall collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to energy critical elements. (b) Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary shall prepare and submit to the appropriate Congressional committees a plan to carry out the program. (2) Specific requirements.--The plan required under paragraph (1) shall include a description of-- (A) the research and development activities to be carried out by the program during the subsequent 2 years; (B) the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical elements to the domestic economy; and (C) how the program is promoting the broadest possible participation by academic, industrial, and other contributors. (3) Consultation.--In preparing each plan under paragraph (1), the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, other Federal agencies, and other entities, as determined by the Secretary. (c) Coordination and Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this title are coordinated with, and do not unnecessarily duplicate the efforts of, other programs within the Federal Government. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this Act the following sums: (A) For fiscal year 2016, $25,000,000. (B) For fiscal year 2017, $25,000,000. (C) For fiscal year 2018, $25,000,000. (D) For fiscal year 2019, $25,000,000. (E) For fiscal year 2020, $25,000,000. (2) Availability.--Such sums shall remain available until expended. SEC. 102. CRITICAL MATERIALS ENERGY INNOVATION HUB. (a) Critical Materials Energy Innovation Hub.--To carry out the program, the Secretary is authorized to maintain a Critical Materials Energy Innovation Hub. (b) Critical Materials Information Center.-- (1) In general.--To collect, catalogue, disseminate, and archive information on energy critical elements in coordination with the Department of Energy Office of Scientific and Technical Information, the Hub shall establish and maintain a Critical Materials Information Center. (2) Center activities.-- (A) In general.--The Center shall-- (i) serve as the repository for scientific and technical data generated by the research and development activities funded under this section; (ii) assist scientists and engineers in making the fullest possible use of the Center's data holdings; (iii) seek and incorporate other information on energy critical elements to enhance the Center's utility for program participants and other users; (iv) provide advice to the Secretary concerning the program; and (v) host meetings, at least annually, for participants in the program and other interested parties to promote information sharing and encourage new collaborative activities. (B) Restriction.--Not more than 2.5 percent of the amounts made available pursuant to this section may be used for hosting conferences under subparagraph (A)(v). (c) Review and Report to Congress.--An award made to operate the Hub shall be for a period not to exceed 5 years, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that Hub. Following this process, if the Secretary determines that award renewal for the Hub is justified, then the Secretary must submit a report to the appropriate Congressional committees at least 30 days prior to the award renewal which explains the Secretary's determination and describes the Department's review process. (d) Prohibition on Construction.--No funds provided pursuant to this section may be used for construction of new buildings or facilities for the Hub. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost- sharing agreement. SEC. 103. SUPPLY OF ENERGY CRITICAL ELEMENTS. The President, acting through the Critical Material Supply Chain Subcommittee of the Committee on Environment, Natural Resources, and Sustainability of the National Science and Technology Council, shall-- (1) coordinate the actions of applicable Federal agencies to promote an adequate and stable supply of energy critical elements necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs; (2) identify energy critical elements and establish scenario modeling systems for supply problems of energy critical elements; (3) establish a mechanism for the coordination and evaluation of Federal programs with energy critical element needs, including Federal programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain; (5) promote and encourage the recycling of energy critical elements, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for energy critical elements research, development, extraction, and industrial production, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of energy critical elements; and (7) report to the appropriate Congressional committees on activities and findings under this section. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980. (a) Program Plan.--Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is amended-- (1) by striking ``date of enactment of this Act'' each place it appears and inserting ``date of enactment of the Securing Energy Critical Elements and American Jobs Act of 2015''; (2) in subsection (b)(1), by striking ``Federal Coordinating Council for Science, Engineering, and Technology'' and inserting ``National Science and Technology Council''; (3) in subsection (c)-- (A) by striking ``the Federal Emergency'' and all that follows through ``Agency, and''; (B) by striking ``appropriate shall'' and inserting ``appropriate, shall''; (C) by striking paragraph (1); (D) in paragraph (2), by striking ``in the case'' and all that follows through ``subsection,''; (E) by redesignating paragraph (2) as paragraph (1); (F) by redesignating paragraph (3) as paragraph (2); and (G) by amending paragraph (2), as redesignated, to read as follows: ``(2) assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production.''; (4) by striking subsection (d); and (5) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended-- (1) by striking ``The Congress declares that it'' and inserting ``It''; and (2) by striking ``The Congress further declares that implementation'' and inserting ``Implementation''. (c) Implementation.--The matter before paragraph (1) of section 4 of such Act (30 U.S.C. 1603) is amended-- (1) by striking ``For the purpose'' and all that follows through ``declares that the'' and inserting ``The''; and (2) by striking ``departments and agencies,'' and inserting ``departments and agencies to implement the policies set forth in section 3''. SEC. 202. REPEAL. The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.
Securing Energy Critical Elements and American Jobs Act of 2015 Authorizes within the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of energy critical elements to satisfy the national security, economic well-being, and industrial production needs of the United States. ("Energy critical element" means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies so that a shortage of that element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy.) Requires the program to focus upon areas the private sector by itself is not likely to undertake because of technical and financial uncertainty. Directs DOE to: (1) encourage multidisciplinary collaborations, including opportunities for students at institutions of higher education; (2) collaborate with agencies of foreign countries with interests relating to energy critical elements; and (3) submit biennially updated implementation plans to Congress. Authorizes DOE to maintain a Critical Materials Energy Innovation Hub to carry out the program established by this Act. Requires the Hub to establish and maintain a Critical Materials Information Center to collect, catalogue, disseminate, and archive information on energy critical elements in coordination with the DOE Office of Scientific and Technical Information. Limits to a renewable period of five years any award made to operate the Hub. Directs the President, acting through the Critical Material Supply Chain Subcommittee of the Committee on Environment, Natural Resources, and Sustainability of the National Science and Technology Council, to: (1) coordinate the actions of federal agencies to promote an adequate and stable supply of energy critical elements; (2) identify energy critical elements and establish scenario modeling systems for supply problems; (3) establish a mechanism for the coordination and evaluation of federal programs with energy critical element needs; and (4) encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain. Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); (2) modify the duties of the Secretary of Commerce regarding critical needs assessment; and (3) repeal specified duties of the Secretaries of Defense and of the Interior. Repeals the National Critical Materials Act of 1984.
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SECTION 1. AMENDMENT OF ACT ESTABLISHING SLEEPING BEAR DUNES NATIONAL LAKESHORE. (a) Extensions.--Section 10 of the Act of October 21, 1970, establishing the Sleeping Bear Dunes National Lakeshore (84 Stat. 1079; 16 U.S.C. 460x-9) is amended by adding the following at the end thereof: ``(e) Extensions of Use and Occupancy.-- ``(1) Notice.--The Secretary shall transmit a notice to all owners of improved property described in section 11(a) (16 U.S.C. 460x-10(a)) who have retained a right of use and occupancy, or their successors in interest who currently possess such rights. The notice shall notify such owners, occupiers, or successors in interest of their right to extend such right of use and occupancy pursuant to this subsection. ``(2) Election.--Any owner notified under paragraph (1) may elect, within 180 days of receiving notice pursuant to paragraph (1), to extend his or her right of use and occupancy beyond the otherwise applicable termination date. Such extension shall terminate on the later of the following: ``(A) The date of death of the person who owned or occupied the property on January 1, 1996. ``(B) The date 25 years after the date of the election under this paragraph. If the person who owned or occupied the property on January 1, 1996, dies before the date 25 years after the date of the election under this paragraph, the right of use and occupancy of the property may be transferred by such person, by will or otherwise, only to a member or members of such person's immediate family for the remainder of the term of the extension under this subsection. ``(3) Conditions.--Any extension under this subsection shall be subject to subsections (c) and (d) in the same manner and to the same extent as is a retained right under subsection (b), except that termination of the extension by the Secretary shall take effect only after 180 days after the Secretary has notified the person holding the extension of the Secretary's intention to terminate the extension. Any extension under this subsection shall be conditioned upon the annual payment by person to whom such extension is issued of an amount determined in accordance with paragraph (4). Any such extension shall also be conditioned upon the following: ``(A) An agreement by the person to whom such extension is issued to assume all responsibilities for maintenance, repair, and replacement of all improvements located on the property concerned and to indemnify and hold harmless the United States for any liability which may arise in connection with such property. ``(B) An agreement by the person to whom such extension is issued to make pro rata payments to local governments providing services to persons residing within the boundaries of the lakeshore in such reasonable amounts and at such times as may be determined by such local governments in order to reimburse such local governments for the costs of providing such services. ``(4) Amount.--The amount of each payment to be made by a person under paragraph (3) shall be such person's annual pro rata share of an amount determined according to a formula where the numerator is the value of the property used or occupied by such person and the denominator is 100. The value of the property for purposes of this paragraph shall be the value of the property at the time of its acquisition by the United States, indexed for inflation according to the Consumer Price Index, as determined by the Secretary. Notwithstanding sections 1341 and 3302 of title 31 of the United States Code, such annual payments shall be retained by the Secretary and shall be available for use by the Secretary without further appropriation for purposes of maintenance and administration of the national lakeshore. ``(f) Authority to Lease to Family.--Following an extension under subsection (e) of a right of use and occupancy for any property, the Secretary may lease the property to any member or members of the immediate family of such owner for a definite or indefinite term, at the discretion of the Secretary. The Secretary may, after 180 days notice to the lessee, terminate any such lease when the Secretary determines that the structures on the property will be removed and the property will be restored to its natural condition in order to improve the natural landscape and provide better opportunities for public access and enjoyment. Any such lease shall be subject to the same conditions as referred to in paragraph (3) of subsection (e) and lease payments shall be retained by the Secretary in the same manner as provided in paragraph (4) of subsection (e).''. (b) Technical and Conforming Amendments.--Section 10(c) of such Act is amended by striking ``many'' and inserting ``may''. Section 11(a)(2) of such Act is amended by striking ``section 10 (b) or (d)'' and inserting ``section 10''.
Directs the Secretary of the Interior to notify owners of certain improved property constructed between December 31, 1964, and October 21, 1970, within the Sleeping Bear Dunes National Lakeshore in Michigan of their right to extend their (or their successor's) right of use and occupancy until the later of their death or 25 years. Requires 180 days' prior notice for termination of such extension by the Secretary. Conditions an extension upon: (1) the annual payment by its recipient of a specified amount based on the value of the property (requires such payments to be retained by the Secretary and made available for maintenance and administration of the Lakeshore); and (2) agreements by the recipient to assume all responsibilities for repairs and maintenance, to indemnify and hold harmless the United States for any liability in connection with such property, and to make pro rata payments to local governments for services provided. Authorizes the Secretary: (1) following an extension under this Act, to lease the property to any family member of such owner; and (2) after 180 days' notice, to terminate any such lease when the Secretary determines that the structures on the property will be removed and the property will be restored to its natural condition in order to improve the natural landscape and provide better opportunities for public access and enjoyment. Subjects such leases to the same conditions and lease payments provided under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Farm Insurance Act of 2013''. SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM. Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), as amended by section 11013(b)) is further amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.-- ``(A) Coverages.--In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to-- ``(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or ``(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent. ``(B) Administration.--The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the `Agency').''; and (B) in paragraph (2)(A)-- (i) in clause (i), by striking ``and'' after the semicolon at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following new clause: ``(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and''; (2) in subsection (d), by striking ``The Secretary'' and inserting ``Subject to subsection (l), the Secretary''; and (3) by adding at the end the following new subsection: ``(l) Payment Equivalent to Additional Coverage.-- ``(1) In general.--The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent of the established yield for the eligible crop on the farm, computed by multiplying-- ``(A) the quantity that is not greater than 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; ``(B) 100 percent of the average market price for the crop, as determined by the Secretary; and ``(C) a payment rate for the type of crop, as determined by the Secretary, that reflects-- ``(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable-- ``(I) harvested; ``(II) planted but not harvested; or ``(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or ``(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. ``(2) Premium.--To be eligible to receive a payment under this subsection, a producer shall pay-- ``(A) the service fee required by subsection (k); and ``(B) a premium for the applicable crop year that is equal to the product obtained by multiplying-- ``(i) the number of acres devoted to the eligible crop; ``(ii) the established yield for the eligible crop, as determined by the Secretary under subsection (e); ``(iii) the coverage level elected by the producer; ``(iv) the average market price, as determined by the Secretary; and ``(v) .0525. ``(3) Limited resource, beginning, and socially disadvantaged farmers.--The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). ``(4) Premium payment and application deadline.-- ``(A) Premium payment.--A producer electing additional coverage under this subsection shall pay the premium amount owed for the additional coverage by September 30 of the crop year for which the additional coverage is purchased. ``(B) Application deadline.--The latest date on which additional coverage under this subsection may be elected shall be the application closing date described in subsection (b)(1). ``(5) Effective date.--Additional coverage under this subsection shall be available beginning with the 2014 crop.''.
Small Farm Insurance Act of 2013 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to direct the Secretary of Agriculture (USDA) to provide coverages for eligible crops based on individual yields (other than for value-loss crops) under the noninsured crop disaster assistance program equivalent to: (1) catastrophic risk protection, or (2) specified additional coverage. Provides reduced premiums for limited resource, beginning, and socially disadvantaged producers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrea Sloan Compassionate Use Reform and Enhancement Act'' or the ``Andrea Sloan CURE Act''. SEC. 2. EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Expanded Access Policy Required for Covered Breakthrough Drugs.-- ``(1) In general.--With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include-- ``(A) a single point of contact who receives and processes such requests; ``(B) procedures for making such requests; ``(C) the minimum criteria for the sponsor's consideration or approval of such requests; and ``(D) the amount of time the sponsor anticipates will be necessary to make a decision on such requests. ``(2) Covered breakthrough drug.--In this subsection, the term `covered breakthrough drug' means a drug-- ``(A) that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506; ``(B) that is designated under section 505E(d) as a qualified infectious disease product; or ``(C) the sponsor of which is awarded a priority review voucher under section 524 or 529.''. SEC. 3. NOTIFICATION OF SUBMITTERS OF COMPASSIONATE USE REQUESTS. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), as amended by section 2, is further amended-- (1) by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: ``(e) Notification of Submitters of Requests.--In the case of the denial by a manufacturer or distributor of a request under subsection (b), not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person (or physician) who made the request written notice of the denial, including an explanation for the denial.''. SEC. 4. GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO UNAPPROVED THERAPIES AND DIAGNOSTICS. Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: (1) Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. (2) What the primary barriers are to drug sponsors granting requests for individual patient access. (3) How the Secretary evaluates safety and efficacy data submitted in connection with such requests. (4) The amount of time that-- (A) a physician typically takes to complete the paperwork necessary to make such a request; (B) a drug sponsor takes to process such a request and to issue a decision with respect to the request; and (C) the Secretary takes to process such a request and to issue a decision with respect to the request. (5) How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. (6) The number of such requests that, for the period covered by the report-- (A) were approved by drug sponsors and the Food and Drug Administration; (B) were approved by drug sponsors but denied by the Food and Drug Administration; and (C) were denied by drug sponsors. (7) How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. (8) Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. SEC. 5. EXPANDED ACCESS TASK FORCE. (a) Establishment.--The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), to be known as the ``Expanded Access Task Force'' (in this section referred to as the ``Task Force''). Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. (b) Membership.-- (1) Composition.--The Task Force shall be composed of not more than 9 voting members appointed as follows: (A) One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. (B) One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. (C) Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including-- (i) one representative of a biopharmaceutical company of less than 250 full-time employees; (ii) one representative of the rare disease patient community; (iii) one representative of the health care provider community; and (iv) one bioethicist. (D) Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including-- (i) one representative of the biopharmaceutical industry; (ii) one representative of the patient community; and (iii) one representative of the health care payor community. (2) Compensation.--Members of the Task Force shall serve without compensation. (c) Duties.--The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), taking into account-- (1) the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available; (2) possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection; (3) how the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection; (4) ways to streamline and standardize the process for submitting requests under such subsection; and (5) the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. (d) Report.--Not later than 180 days after the date on which the Task Force is convened, the Task Force shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). (e) Termination.--The task force shall terminate upon submission of the report required under subsection (d). SEC. 6. FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS. (a) In General.--Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled ``Expanded Access to Investigational Drugs for Treatment Use--Qs & As'' and dated May 2013. (b) Contents.--The final guidance referred to in subsection (a) shall-- (1) clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)); and (2) take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.
Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act - Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of a “breakthrough drug” (which is a drug that qualifies for expedited approval, is an infectious disease product, or qualifies the sponsor for a priority review voucher) to submit to the Secretary of Health and Human Services (HHS) and make available to the public a policy on requests for access to the drug for compassionate use, including the minimum criteria for consideration or approval of requests and the time needed to make a decision. Requires a breakthrough drug sponsor to explain a denied request for compassionate use to the person who made the request. Directs HHS to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs HHS to finalize the draft guidance entitled “Expanded Access to Investigational Drugs for Treatment Use--Qs & As,” taking into account reports from the Task Force and GAO.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children From E-Mail Smut Act of 2001''. SEC. 2. CONGRESSIONAL FINDINGS AND POLICY. (a) Findings.--The Congress finds the following: (1) Congress recognized that the Nation had a compelling interest in preventing minors from being exposed to mailings containing sexually oriented advertisements when it enacted title 39, United States Code, section 3010, and title 18, United States Code, sections 1735 and 1737. (2) Congress required anyone sending a mailing containing sexually oriented advertisements to place a mark or notice prescribed by the Postal Service on the mailing envelope or cover. (3) E-mails may contain the same kind of sexually oriented advertisements harmful to minors but there is presently no comparable requirement that e-mails contain any marking or notice to alert the recipient that the e-mail contains sexually oriented advertisements. (4) Requiring a marking or notice that an e-mail contains sexually oriented advertisements will enable the parents of minors to take the necessary steps to block such material and thus protect their children from being exposed to such sexually oriented advertisements. (5) The National Institute of Standards and Technology (hereinafter in this Act referred to as NIST), a nonregulatory agency within the Commerce Department's Technology Administration, is technologically competent to prescribe marks or other signifiers that an e-mail contains sexually oriented advertisements. (b) Congressional Determination of Public Policy.--On the basis of the findings in subsection (a), the Congress determines that-- (1) there is substantial government interest in the regulation of unsolicited e-mails containing sexually oriented advertisements that are forwarded to children; and (2) the best method to regulate such unsolicited e-mails is to enable the children or parents acting on behalf of the children to screen or block such unsolicited e-mails using marks or signifiers prescribed by the NIST. SEC. 3. CRIMINAL PROHIBITION AGAINST SENDING SEXUALLY ORIENTED MATERIAL TO CHILDREN WITHOUT THE PRESCRIBED MARKINGS OR NOTICE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the NIST shall prescribe marks or notices to be included or affixed to any e-mail that contains a sexually oriented advertisement forwarded to children. Such marks shall, to the extent possible, be made so that they may not be removed or altered. (b) Punishment.--Whoever willfully and knowingly forwards to a minor an e-mail, that is carried on an instrumentality in or affecting interstate or foreign commerce, that includes sexually oriented advertisements but does not include the mark or notice as prescribed by the NIST in subsection (a) of this section shall be fined under this Act or imprisoned not more than 1 year, or both. (c) Punishment.--Whoever reproduces or manufactures any sexually related mail matter, intending or knowing that such matter will be forwarded to a minor in an e-mail in violation of subsection (b) of this section, shall be fined under this Act or imprisoned not more than 5 years, or both, for the first offense, and shall be fined under this Act or imprisoned not more than 10 years, or both, for any second, or subsequent offense. As used in this section the term ``sexually related mail matter'' means any matter described in subsection (d) of this section. (d) Definition.--The term ``sexually oriented advertisement'' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters. SEC. 4. CIVIL RELIEF: DAMAGES. (a) In General.--Any parent of a minor may sue and recover damages and attorney's fees and court costs from whomever violates any provision of this Act. In lieu of actual damages, the parent may recover $10,000 for each and every violation. (b) Limitation.--The parent shall not have a cause of action against the electronic mail service provider for merely transmitting the offending e-mail. (c) Confidential Procedure.--At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (d) Effect on Additional Remedies.--This section does not limit any parent's right to pursue any additional civil remedy otherwise allowed at law or equity.
Protect Children From E-Mail Smut Act of 2001 - Requires the National Institute of Standards and Technology to prescribe marks or notices to be included or affixed to any e-mail forwarded to children that contains a sexually oriented advertisement. Provides fines and penalties for forwarding such e-mail without such marks or notices, as well as civil relief for the parents of affected minors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Fairness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) During the years 2008 and 2009, the Nation's largest financial firms received extraordinary and unprecedented assistance from the public. (2) Such assistance was critical to the success and in many cases the survival of these firms during the year 2009. (3) High earners at such firms should contribute a portion of any excessive bonuses obtained for the year 2009 to help the Nation reduce the public debt and recover from the recession. SEC. 3. EXCISE TAXES ON EXCESSIVE 2009 BONUSES RECEIVED FROM MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. (a) Imposition of Tax.--Chapter 46 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4999A. EXCESSIVE 2009 BONUSES RECEIVED FROM MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. ``(a) Imposition of Tax.--There is hereby imposed on any person who receives a covered excessive 2009 bonus a tax equal to 50 percent of the amount of such bonus. ``(b) Definition.--For purposes of this section, the term `covered excessive 2009 bonus' has the meaning given such term by section 280I(b). ``(c) Administrative Provisions and Special Rules.-- ``(1) Withholding.-- ``(A) In general.--In the case of any covered excessive 2009 bonus which is treated as wages for purposes of section 3402, the amount otherwise required to be deducted and withheld under such section shall be increased by the amount of the tax imposed by this section on such bonus. ``(B) Bonuses paid before enactment.--In the case of any covered excessive 2009 bonus to which subparagraph (A) applies which is paid before the date of the enactment of this section, no penalty, addition to tax, or interest shall be imposed with respect to any failure to deduct and withhold the tax imposed by this section on such bonus. ``(2) Treatment of tax.--For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. ``(3) Notice requirements.--The Secretary shall require each major Federal emergency economic assistance recipient (as defined in section 280I(d)(1)) to notify, as soon as practicable after the date of the enactment of this section and at such other times as the Secretary determines appropriate, the Secretary and each covered employee (as defined in section 280I(e)) of the amount of covered excessive 2009 bonuses to which this section applies and the amount of tax deducted and withheld on such bonuses. ``(4) Secretarial authority.--The Secretary may prescribe such regulations, rules, and guidance of general applicability as may be necessary to carry out the provisions of this section, including-- ``(A) to prescribe the due date and manner of payment of the tax imposed by this section with respect to any covered excessive 2009 bonus paid before the date of the enactment of this section, and ``(B) to prevent-- ``(i) the recharacterization of a bonus payment as a payment which is not a bonus payment in order to avoid the purposes of this section, ``(ii) the treatment as other than an additional 2009 bonus payment of any payment of increased wages or other payments to a covered employee who receives a bonus payment subject to this section in order to reimburse such covered employee for the tax imposed by this section with regard to such bonus, or ``(iii) the avoidance of the purposes of this section through the use of partnerships or other pass-thru entities.''. (b) Clerical Amendments.-- (1) The heading and table of sections for chapter 46 of the Internal Revenue Code of 1986 are amended to read as follows: ``Chapter 46--Taxes on Certain Excessive Remuneration ``Sec. 4999. Golden parachute payments. ``Sec. 4999A. Excessive 2009 bonuses received from major recipients of Federal emergency economic assistance.''. (2) The item relating to chapter 46 in the table of chapters for subtitle D of such Code is amended to read as follows: ``Chapter 46. Taxes on certain excessive remuneration.''. (c) Effective Date.--The amendments made by this section shall apply to payments of covered excessive 2009 bonuses after December 31, 2008, in taxable years ending after such date. SEC. 4. LIMITATION ON DEDUCTION OF AMOUNTS PAID AS EXCESSIVE 2009 BONUSES BY MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. EXCESSIVE 2009 BONUSES PAID BY MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. ``(a) General Rule.--The deduction allowed under this chapter with respect to the amount of any covered excessive 2009 bonus shall not exceed 50 percent of the amount of such bonus. ``(b) Covered Excessive 2009 Bonus.--For purposes of this section, the term `covered excessive 2009 bonus' means any 2009 bonus payment paid during any calendar year to a covered employee by any major Federal emergency economic assistance recipient, to the extent that the aggregate of such 2009 bonus payments (without regard to the date on which such payments are paid) with respect to such employee exceeds the dollar amount of the compensation received by the President under section 102 of title 3, United States Code, for calendar year 2009. ``(c) 2009 Bonus Payment.-- ``(1) In general.--The term `2009 bonus payment' means any payment which-- ``(A) is a payment for services rendered, ``(B) is in addition to any amount payable to a covered employee for services performed by such covered employee at a regular hourly, daily, weekly, monthly, or similar periodic rate, ``(C) in the case of a retention bonus, is paid for continued service during calendar year 2009 or 2010, and ``(D) in the case of a payment not described in subparagraph (C), is attributable to services performed by a covered employee during calendar year 2009 (without regard to the year in which such payment is paid). Such term does not include payments to an employee as commissions, contributions to any qualified retirement plan (as defined in section 4974(c)), welfare and fringe benefits, overtime pay, or expense reimbursements. In the case of a payment which is attributable to services performed during multiple calendar years, such payment shall be treated as a 2009 bonus payment to the extent it is attributable to services performed during calendar year 2009. ``(2) Deferred deduction bonus payments.-- ``(A) In general.--The term `2009 bonus payment' includes payments attributable to services performed in 2009 which are paid in the form of remuneration (within the meaning of section 162(m)(4)(E)) for which the deduction under this chapter (determined without regard to this section) for such payment is allowable in a subsequent taxable year. ``(B) Timing of deferred deduction bonus payments.--For purposes of this section and section 4999A, the amount of any payment described in subparagraph (A) (as determined in the year in which the deduction under this chapter, determined without regard to this section, for such payment would be allowable) shall be treated as having been made in the calendar year in which any interest in such amount is granted to a covered employee (without regard to the date on which any portion of such interest vests). ``(3) Retention bonus.--The term `retention bonus' means any bonus payment (without regard to the date such payment is paid) to a covered employee which-- ``(A) is contingent on the completion of a period of service with a major Federal emergency economic assistance recipient, the completion of a specific project or other activity for the major Federal emergency economic assistance recipient, or such other circumstances as the Secretary may prescribe, and ``(B) is not based on the performance of the covered employee (other than a requirement that the employee not be separated from employment for cause). A bonus payment shall not be treated as based on performance for purposes of subparagraph (B) solely because the amount of the payment is determined by reference to a previous bonus payment which was based on performance. ``(d) Major Federal Emergency Economic Assistance Recipient.--For purposes of this section-- ``(1) In general.--The term `major Federal emergency economic assistance recipient' means-- ``(A) any financial institution (within the meaning of section 3 of the Emergency Economic Stabilization Act of 2008) if at any time after December 31, 2007, the Federal Government acquires-- ``(i) an equity interest in such person pursuant to a program authorized by the Emergency Economic Stabilization Act of 2008 or the third undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343), or ``(ii) any warrant (or other right) to acquire any equity interest with respect to such person pursuant to any such program, but only if the total value of the equity interest described in clauses (i) and (ii) in such person is not less than $5,000,000,000, ``(B) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and ``(C) any person which is a member of the same affiliated group (as defined in section 1504, determined without regard to subsection (b) thereof) as a person described in subparagraph (A) or (B). ``(2) Treatment of controlled groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer with respect to any covered employee. ``(e) Covered Employee.--For purposes of this section, the term `covered employee' means, with respect to any major Federal emergency economic assistance recipient-- ``(1) any employee of such recipient, and ``(2) any director of such recipient who is not an employee. In the case of any major Federal emergency economic assistance recipient which is a partnership or other unincorporated trade or business, the term `employee' shall include employees of such recipient within the meaning of section 401(c)(1). ``(f) Regulations.--The Secretary may prescribe such regulations, rules, and guidance of general applicability as may be necessary to carry out the provisions of this section, including-- ``(1) to prescribe the due date and manner of reporting and payment of any increase in the tax imposed by this chapter due to the application of this section to any covered excessive 2009 bonus paid before the date of the enactment of this section, and ``(2) to prevent-- ``(A) the recharacterization of a bonus payment as a payment which is not a bonus payment in order to avoid the purposes of this section, or ``(B) the avoidance of the purposes of this section through the use of partnerships or other pass-thru entities.''. (b) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 280I. Excessive 2009 bonuses paid by major recipients of Federal emergency economic assistance.''. (c) Conforming Amendments.-- (1) Subparagraph (F) of section 162(m)(4) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``and excessive 2009 bonuses'' after ``payments'' in the heading, (B) by striking ``the amount'' and inserting ``the total amounts'', and (C) by inserting ``or 280I'' before the period. (2) Subparagraph (A) of section 3121(v)(2) of such Code is amended by inserting ``, to any covered excessive 2009 bonus (as defined in section 280I(b)),'' after ``section 280G(b))''. (d) Effective Date.--The amendments made by this section shall apply to payments of covered excessive 2009 bonuses after December 31, 2008, in taxable years ending after such date.
Taxpayer Fairness Act - Amends the Internal Revenue Code to: (1) impose a 50% tax on bonuses, including retention bonuses, exceeding $400,000 paid in 2009 to employees of financial institutions (including the Federal National Mortgage Association [Fannie Mae] and the Federal Home Loan Mortgage Corporation [Freddie Mac]) that received $5 billion or more in emergency economic assistance from the federal government; and (2) limit the business tax deduction for such bonuses to 50% of the amount of such bonuses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Licensing Act of 1999''. SEC. 2. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN OR HANDGUN AMMUNITION. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun or handgun ammunition to an individual who is not licensed under section 923 unless-- ``(A) the transferor (or a licensed dealer, if State law so directs or allows)-- ``(i) has examined a valid handgun license issued to the individual by the State in which the transaction takes place, and an additional valid identification document (as defined in section 1028) containing a photograph of the individual; and ``(ii) has contacted the chief law enforcement officer of the State, and been informed by the officer that the handgun license has not been revoked; and ``(B)(i) 3 business days (meaning a day on which State offices are open) have elapsed from the date on which the transferor (or licensed dealer) received the information described in subparagraph (A)(ii); or ``(ii) the individual has presented to the transferor (or licensed dealer) a written document, issued not less than 10 days earlier by the chief law enforcement officer of the State in which the individual resides, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee. ``(2) It shall be unlawful for an individual who is not licensed under section 923 to receive a handgun or handgun ammunition unless the individual possesses a valid handgun license issued to the individual by the State in which the transaction takes place. ``(3)(A) For purposes of this subsection, the term `handgun license' means a license issued under a State law that-- ``(i) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition, and for the reporting of losses and thefts of handguns and handgun ammunition; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that a handgun license shall-- ``(i) be issued by the chief law enforcement officer of the State; ``(ii) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and ``(iii) remain valid for not more than 2 years, unless revoked. ``(C) The State law referred to in subparagraph (A) shall provide that, before a handgun license is issued to an applicant, the chief law enforcement officer of the State determine that the applicant-- ``(i) has attained 21 years of age; ``(ii) is a resident of the State, by examining, in addition to a valid identification document (as defined in section 1028), a utility bill or lease agreement; ``(iii) is not prohibited from possessing or receiving a handgun under Federal, State, or local law, based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; and ``(iv) has been issued a handgun safety certificate by the State. ``(D) The State law referred to in subparagraph (A) shall provide that, if the chief law enforcement officer of the State determines that an individual is ineligible to receive a handgun license, and the individual, in writing, requests the officer to provide the reasons for the determination, the officer shall provide the reasons to the individual, in writing, within 20 business days after receipt of the request. ``(E)(i) The State law referred to in subparagraph (A) shall provide that a handgun license issued by the State shall be revoked if the chief law enforcement officer of the State determines that the licensee no longer meets the requirements of subparagraph (C). ``(ii) The State law shall provide that, within 10 days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the chief law enforcement officer of the State in which the licensee resides. ``(F) The State law referred to in subparagraph (A) shall provide that, within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by the licensee, the licensee shall report the theft or loss to-- ``(i) the Secretary; ``(ii) the chief law enforcement officer of the State; and ``(iii) appropriate local authorities, and shall provide that any failure to make such a report shall be punishable by a civil penalty as provided by State law, with a maximum penalty of at least $1,000. ``(4)(A) For purposes of paragraph (3)(C)(iv), the term `handgun safety certificate' means a certificate issued under a State law that-- ``(i) provides for the issuance of certificates attesting to the completion of a course of instruction and examination in handgun safety, consistent with this paragraph; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that the chief law enforcement officer of a State shall issue the handgun safety certificate. ``(C) The State law referred to in subparagraph (A) shall provide that a handgun safety certificate shall not be issued to an applicant unless the chief law enforcement officer of the State determines that the applicant-- ``(i) has completed a course, taught by law enforcement officers and designed by the chief law enforcement officer, of not less than 2 hours of instruction in handgun safety; and ``(ii) has passed an examination, designed by the chief law enforcement officer, testing the applicant's knowledge of handgun safety. ``(5) For purposes of this subsection, the term `chief law enforcement officer' means, with respect to a State, the chief, or equivalent officer, of the State police force, or the designee of that officer.''. (b) Definition of Handgun Ammunition.--Section 921(a) of such title is amended by adding at the end the following: ``(35) The term `handgun ammunition' means-- ``(A) a centerfire cartridge or cartridge case less than 1.3 inches in length; or ``(B) a primer, bullet, or propellant powder designed specifically for use in a handgun.''. (c) Penalty.--Section 924(a)(1)(B) of such title is amended by inserting ``, or (z)'' before ``of section 922''. (d) Technical Correction.--Section 922(t)(1)(B)(ii) of such title is amended by inserting ``or State law'' after ``section''. (e) Funding.-- (1) Grants for establishing systems of licensing and registration.--Subject to the availability of appropriations, the Attorney General shall make a grant to each State (as defined in section 921(a)(2) of title 18, United States Code), to cover the initial startup costs associated with establishing a system of licensing pursuant to section 922(z) of title 18, United States Code. (2) Authorization of appropriations.--For grants under paragraph (1), there is authorized to be appropriated a total of $200,000,000 for fiscal year 2000 and all fiscal years thereafter. (f) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT OF BUSINESS LIABILITY INSURANCE. Section 923(d)(1) of title 18, United States Code, is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) the applicant certifies that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the negligence of the applicant.''.
Prohibits an unlicenced individual from receiving a handgun or handgun ammunition without possessing a valid handgun license issued to the individual by the State in which the transaction takes place. Defines "handgun license" to mean a license issued under a State law that: (1) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition; (2) provides for the reporting of losses and thefts of handguns and handgun ammunition; and (3) at a minimum, meets the requirements of this Act. Requires such State law to provide that a handgun license shall: (1) be issued by the officer; (2) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and (3) remain valid for not more than two years unless revoked. Requires such State law to provide that, before a handgun license is issued to an applicant, the officer determine that the applicant: (1) has attained age 21; (2) is a resident of the State by examining, in addition to a valid identification document, a utility bill or lease agreement; (3) is not prohibited from possessing or receiving a handgun under Federal, State, or local law based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under the Act; and (4) has been issued a handgun safety certificate by the State (applicant requirements). Requires such State law to provide that: (1) if the officer determines that an individual is ineligible to receive a handgun license, and the individual requests in writing that the officer provide the reasons for the determination, the officer shall provide the reasons to the individual in writing within 20 business days after receipt of the request; (2) a handgun license issued by the State shall be revoked if the officer determines that the licensee no longer meets applicant requirements; (3) within ten days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the officer of the State in which the licensee resides; (4) within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by, the licensee, the licensee shall report the theft or loss to the Secretary, the officer, and appropriate local authorities; (5) any failure to make such a report shall be punishable by a civil penalty, with a maximum penalty of at least $1,000; (6) the officer shall issue the handgun safety certificate; and (7) such a certificate shall not be issued unless the officer determines that the applicant has completed a course of not less than two hours of handgun safety instruction and has passed an examination testing the applicant's knowledge of handgun safety. Amends the Act to define "handgun ammunition" to mean: (1) a center-fire cartridge or cartridge case less than 1.3 inches in length; or (2) a primer, bullet, or propellant powder designed specifically for use in a handgun. Sets penalties for violations of this Act. Directs the Attorney General to make a grant to each State to cover the initial startup costs associated with establishing a licensing system. Authorizes appropriations. Requires an applicant for a license to certify that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the applicant's negligence.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Money and Reducing Tragedies through Prevention Act of 2011'' or the ``SMART Prevention Act of 2011''. SEC. 2. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION GRANTS. (a) SMART Prevention.--Section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2) is amended to read as follows: ``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVENTION). ``(a) Grants Authorized.--The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. ``(b) Use of Funds.--Funds provided under this section may be used for the following purposes: ``(1) Teen dating violence awareness and prevention.--To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals. The prevention program may use evidence-based, evidence-informed, or innovative strategies and practices focused on youth. Such a program should include-- ``(A) age and developmentally-appropriate education on domestic violence, dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings; ``(B) community-based collaboration and training for those with influence on youth, such as parents, teachers, coaches, health-care providers, faith- leaders, older teens, and mentors; ``(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and ``(D) policy development targeted to prevention, including school-based policies and protocols. ``(2) Children exposed to violence and abuse.--To develop, maintain or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children's exposure to violence in the home. Such programs may include-- ``(A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including direct counseling or advocacy, and support for the non-abusing parent; and ``(B) training and coordination for educational, after-school, and childcare programs on how to safely and confidentially identify children and families experiencing domestic violence, dating violence, sexual assault, or stalking and properly refer children exposed and their families to services and violence prevention programs. ``(3) Engaging men as leaders and role models.--To develop, maintain or enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and social influencers of other men and youth at the individual, school, community or statewide levels. ``(c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a victim service provider, community-based organization, tribe or tribal organization, or other non- profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; or ``(2) a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: ``(A) A public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10, United States Code or section 1402 of the Defense Dependents' Education Act of 1978, a group of schools, or a school district. ``(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth. ``(C) A community-based organization, population- specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking. ``(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking. ``(E) Healthcare entities eligible for reimbursement under title XVIII of the Social Security Act, including providers that target the special needs of children and youth. ``(F) Any other agencies, population-specific organizations, or nonprofit, nongovernmental organizations with the capacity to provide necessary expertise to meet the goals of the program. ``(d) Grantee Requirements.-- ``(1) In general.--Applicants for grants under this section shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require that demonstrates the capacity of the applicant and partnering organizations to undertake the project. ``(2) Policies and procedures.--Applicants under this section shall establish and implement policies, practices, and procedures that-- ``(A) include appropriate referral systems to direct any victim identified during program activities to highly-qualified follow-up care; ``(B) protect the confidentiality and privacy of adult and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers; ``(C) ensure that all individuals providing prevention programming through a program funded under this section have completed or will complete sufficient training in connection with domestic violence, dating violence, sexual assault or stalking; and ``(D) document how prevention programs are coordinated with service programs in the community. ``(3) Preference.--In selecting grant recipients under this section, the Attorney General shall give preference to applicants that-- ``(A) include outcome-based evaluation; and ``(B) identify any other community, school, or State-based efforts that are working on domestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordinate with other programs, and not duplicate existing efforts. ``(e) Definitions and Grant Conditions.-- ``(1) In general.--In this section and except as provided in paragraph (2), the definitions and grant conditions provided for in section 40002 shall apply. ``(2) Youth.--In this section, the term `youth' shall include individuals 11 years of age. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2012 through 2016. Amounts appropriated under this section may only be used for programs and activities described under this section. ``(g) Allotment.-- ``(1) In general.--Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraph (1), (2), and (3) of subsection (a). ``(2) Indian tribes.--Not less than 10 percent of the total amounts appropriated under this section in each fiscal year shall be made available for grants to Indian tribes or tribal organizations. If an insufficient number of applications are received from Indian tribes or tribal organizations, such funds shall be allotted to other population-specific programs.''. (b) Repeals.--The following provisions are repealed: (1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4). (2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c).
Saving Money and Reducing Tragedies through Prevention Act of 2011 or the SMART Prevention Act of 2011 - Amends the Violence against Women Act of 1994 (VAWA) to replace provisions regarding grants to assist children and youth exposed to violence with a Saving Money and Reducing Tragedies through Prevention (SMART Prevention) grant program. Authorizes the Attorney General to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking (such violence) by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms. Permits the use of grant funds to develop, maintain, or enhance programs that: (1) change attitudes and behaviors around the acceptability of such violence and provide education and skills training to young individuals and those who influence them; (2) are designed to prevent future incidents of such violence by preventing, reducing, and responding to children's exposure to violence in the home; and (3) work with men to prevent such violence by helping men to serve as role models and social influencers of other men and youth at the individual, school, community, or statewide levels. Sets forth provisions regarding: (1) eligible entities to receive grants; (2) grantee requirements; and (3) fund allotments, including for Indian tribes or tribal organizations. Repeals provisions of: (1) VAWA regarding development of curricula and pilot programs for home visitation projects and regarding engaging men and youth in preventing such violence, and (2) the Violence Against Women and Department of Justice Reauthorization Act of 2005 regarding a public awareness campaign regarding domestic violence against pregnant women.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act of 2018''. SEC. 2. MEDICARE REQUIREMENTS WITH RESPECT TO OUTLIER PRESCRIBERS OF OPIOIDS. Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w- 104(c)(4)) is amended by adding at the end the following new subparagraph: ``(D) Notification and additional requirements with respect to outlier prescribers of opioids.-- ``(i) Notification.--Not later than January 1, 2021, the Secretary shall, in the case of a prescriber identified by the Secretary under clause (ii) to be an outlier prescriber of opioids, provide, subject to clause (iv), an annual notification to such prescriber (during the period in which such provider maintains such identification) that such prescriber has been so identified and including such resources on proper prescribing methods and such other information as specified in accordance with clause (iii). ``(ii) Identification of outlier prescribers of opioids.-- ``(I) In general.--The Secretary shall, subject to subclause (III), using the valid prescriber National Provider Identifiers included pursuant to subparagraph (A) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under this part and MA-PD plans under part C and based on the thresholds established under subclause (II), identify prescribers that are outlier opioids prescribers for a period of time specified by the Secretary. ``(II) Establishment of thresholds.--For purposes of subclause (I) and subject to subclause (III), the Secretary shall, after consultation with stakeholders, establish thresholds, based on prescriber specialty and, as determined appropriate by the Secretary, geographic area, for identifying whether a prescriber in a specialty and geographic area is an outlier prescriber of opioids as compared to other prescribers of opioids within such specialty and area. ``(III) Exclusions.--The following shall not be included in the process for identifying outlier prescribers of opioids under this clause: ``(aa) Claims for covered part D drugs for part D eligible individuals who are receiving hospice care under this title. ``(bb) Claims for covered part D drugs for part D eligible individuals who are receiving oncology services under this title. ``(cc) Prescribers who are the subject of an investigation by the Centers for Medicare & Medicaid Services or the Office of the Inspector General of the Department of Health and Human Services. ``(iii) Contents of notification.--The Secretary shall include the following information in the notifications provided under clause (i): ``(I) Information on how such prescriber compares to other prescribers within the same specialty and, if determined appropriate by the Secretary, geographic area. ``(II) Information on opioid prescribing guidelines, based on input from stakeholders, that may include the Centers for Disease Control and Prevention guidelines for prescribing opioids for chronic pain and guidelines developed by physician organizations. ``(III) Other information determined appropriate by the Secretary. ``(iv) Modifications and expansions.-- ``(I) Frequency.--Beginning 5 years after the date of the enactment of this subparagraph, the Secretary may change the frequency of the notifications described in clause (i) based on stakeholder input and changes in opioid prescribing utilization and trends. ``(II) Expansion to other prescriptions.--The Secretary may expand notifications under this subparagraph to include identifications and notifications with respect to concurrent prescriptions of covered part D drugs used in combination with opioids that are considered to have adverse side effects when so used in such combination. ``(v) Additional requirements for persistent outlier prescribers.--In the case of a prescriber who the Secretary determines is persistently identified under clause (ii) as an outlier prescriber of opioids, the following shall apply: ``(I) The Secretary shall connect such prescriber with an entity that provides technical or educational resources on opioid prescribing guidelines (such as the guidelines described in clause (iii)(II)), which may include a quality improvement organization under part B of title XI, as available and appropriate. ``(II) Such prescriber may be required to enroll in the program under this title under section 1866(j) if such prescriber is not otherwise required to enroll. The Secretary shall determine the length of the period for which such prescriber is required to maintain such enrollment. ``(III) Not less frequently than annually (and in a form and manner determined appropriate by the Secretary), the Secretary shall communicate information on such prescribers to sponsors of a prescription drug plan and Medicare Advantage organizations offering an MA- PD plan. ``(vi) Public availability of information.--The Secretary shall make aggregate information under this subparagraph available on the Internet website of the Centers for Medicare & Medicaid Services. Such information shall be in a form and manner determined appropriate by the Secretary and shall not identify any specific prescriber. In carrying out this clause, the Secretary shall consult with interested stakeholders. ``(vii) Opioids defined.--For purposes of this subparagraph, the term `opioids' has such meaning as specified by the Secretary. ``(viii) Other activities.--Nothing in this subparagraph shall preclude the Secretary from conducting activities that provide prescribers with information as to how they compare to other prescribers that are in addition to the activities under this subparagraph, including activities that were being conducted as of the date of the enactment of this subparagraph.''.
Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act of 2018 This bill requires the Centers for Medicare & Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area; (2) use National Provider Identifiers (unique provider identification numbers currently included on claims for covered drugs) to identify outlier prescribers; and (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids. Persistent outlier prescribers are subject to additional requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2014'' or the ``EAT for Health Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2012, United States health care spending was approximately $8,233 per resident and accounted for 17.6 percent of the Nation's gross domestic product. This is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.6 trillion in 2011, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) Estimates of health care costs attribute over 75 percent of national health expenditures to treatment for chronic diseases. (4) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (5) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (6) Approximately 81.1 million American adults in the United States have at least one form of cardiovascular disease. Approximately 2,300 American adults in the United States die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. (7) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but also actually reverse damage done to the arteries. (8) Two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are now overweight, and one-fifth of children are obese. In 2008, direct medical costs associated with obesity totaled $147 billion. (9) An estimated 25.8 million people in the United States have diabetes. Another 79 million American adults in the United States have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. Research shows that reducing fat in the diet can reverse the symptoms of type 2 diabetes, not just ``manage'' the symptoms. (10) Cancer kills approximately 570,000 Americans each year, accounting for one in four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion. Estimates expect that number to rise to $172 billion by 2020. (11) According to the Journal of the American College of Nutrition, physicians feel inadequately trained to provide proper nutrition advice. Ninety-four percent feel nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (12) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. In 2004, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula. By 2010, that number had shrunk to 27 percent. (13) In 2004, 30 percent of United States medical schools required a dedicated nutrition course. In 2010, only 25 percent of such schools required such a course. (14) According to a 2009 national survey of medical colleges published in Academic Medicine, more than half of graduating medical students feel their nutrition education is insufficient. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have at least 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (b) Annual Reports.--For 2016 and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and enforced the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and enforce such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who during such previous year completed 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (c) Continuing Medical Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing medical education courses relating to nutrition shall include at least courses on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer. (d) Definitions.--For purposes of this Act: (1) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.
Education and Training for Health Act of 2014 or the EAT for Health Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to issue guidelines to federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have at least six credits of continuing medical education courses relating to nutrition. Requires these to include at least courses on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer. Requires each agency employing such primary care professionals to report to Congress annually on the extent to which it has adopted and enforced the guidelines issued under this Act with respect to those employed during any portion of the previous year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advisory Committee Termination Act of 1994''. SEC. 2. REPEAL OF ADVISORY COMMITTEES. (a) Department of Agriculture.-- (1) Swine health advisory committee.--Section 11 of the Swine Health Protection Act (7 U.S.C. 3810), which required the Secretary of Agriculture to appoint a swine health advisory committee or committees, is repealed. (2) Cascade head scenic-research area advisory council.-- Section 8 of the Act of December 22, 1974 (16 U.S.C. 541g), which required the Secretary of Agriculture to appoint a Cascade Head Scenic-Research Area Advisory Council, is repealed. (3) Global climate change technical advisory committee.-- Section 2404 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6703), which required the Secretary of Agriculture to appoint a Global Climate Change Technical Advisory Committee, is repealed. (4) Mono basin national forest scenic area advisory board.--Section 306 of the California Wilderness Act of 1984 (16 U.S.C. 543e), which established the Mono Basin National Forest Scenic Area Advisory Board, is repealed. (5) Nez perce national historic trail advisory council.-- Section 5(d) of the National Trails System Act, (16 U.S.C. 1244(d)), which required the Secretary of Agriculture to establish an advisory council for the Nez Perce National Historic Trail, is amended in the first sentence by inserting before the period at the end ``and the Advisory Council established for the Nez Perce National Historic Trail shall terminate on the effective date of the Advisory Committee Termination Act of 1994.''. (b) Department of Defense.--Section 3306 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 98h-1 note), which authorized the Government-Industry Advisory Committee on the Operation and Modernization of the National Defense Stockpile, is repealed. (c) Department of Education; Improvement and Reform of Schools and Teaching Fund Board.-- (1) Fund for the improvement and reform of schools and teaching act.--The Fund for the Improvement and Reform of Schools and Teaching Act (20 U.S.C. 4811 et seq.), which established the Fund Board, is amended-- (A) in section 3231 (20 U.S.C. 4831)-- (i) in the heading by striking ``board authorized'' and inserting ``director's responsibilities''; (ii) by striking subsection (a) and redesignating subsections (b) through (f) as subsections (a) through (e), respectively; (iii) in subsection (b)-- (I) by amending paragraph (3)(A) to read as follows: ``(A) coordinate the work of the Fund with the work of the Fund for the Improvement of Postsecondary Education,''; (II) by amending paragraph (3)(C) to read as follows: ``(C) identify promising initiatives and solicit proposals,''; (III) by striking paragraph (2); and (IV) by redesignating paragraph (3) as paragraph (2); and (iv) in subsection (c)-- (I) by striking ``priorities rule'' and inserting ``project summary''; and (II) by striking the first two sentences; (B) in section 3233 (20 U.S.C. 4833), by striking the second sentence; and (C) in section 3243 (20 U.S.C. 4843)-- (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Technical amendment.--Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107) is amended-- (A) in subsection (a)-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2); (B) by striking subsection (c); and (C) by redesignating subsections (d) through (k) as subsections (c) through (j), respectively. (d) Department of Energy-- (1) Technical advisory committee on verification of fissile material and nuclear warhead controls.--Section 3151(c) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. (839)), which authorized the Technical Advisory Committee on Verification of Fissile Material and Nuclear Warhead Controls, is repealed. (2) Technical panel on magnetic fusion.--Section 7 of the Magnetic Fusion Energy Engineering Act of 1980 (42 U.S.C. 9306), which authorized a technical panel on magnetic fusion, is repealed. (e) Department of Health and Human Services.-- (1) Advisory council on hazardous substances research and training.--Section 311(a)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)(5)), which authorized an advisory council on hazardous substances research and training, is repealed. (2) Advisory council on trauma care systems.--Section 1202 of the Public Health Service Act (42 U.S.C. 300d-1), which authorized the Advisory Council on Trauma Care Systems, is repealed. (3) Job opportunities and basic skills training program advisory panel.--Section 203(c)(4) of the Family Support Act of 1988 (42 U.S.C. 681 note), which authorized an advisory panel for the evaluation of the Job Opportunities and Basic Skills Training (JOBS) Program, is repealed. (4) Board of tea experts.--Section 4 of the Tea Importation Act (21 U.S.C. 42), which authorized a board of tea experts, is repealed. (5) Device good manufacturing advisory committee.--Section 520(f)(3) of the Federal Food, and Cosmetic Act (21 U.S.C. 360j(f)(3)), which authorized a device good manufacturing practice advisory committee, is repealed. (6) End stage renal disease data advisory committee.--The second sentence of section 1881(c)(7) of the Social Security Act (42 U.S.C. 1395rr(c)(7)), which authorized a professional advisory group to assist in formulation of policies and procedures relevant to the management of the end stage renal disease registry, is amended by striking everything after ``purpose of such'' and inserting ``registry and shall determine the appropriate location of the registry.''. (7) Federal hospital council.--Section 641 of the Public Health Service Act (42 U.S.C. 291k), which authorized the Federal Hospital Council, is repealed. (8) National arthritis and musculoskeletal and skin diseases advisory board.--Section 442 of the Public Health Service Act (42 U.S.C. 285d-7), which authorized the National Arthritis and Musculoskeletal and Skin Diseases Advisory Board, is repealed. (9) National commission on alcoholism and other alcohol- related problems.--Section 18 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979 (42 U.S.C. 4541 note), which authorized the National Commission on Alcoholism and Other Alcohol-Related Problems, is repealed. (10) National deafness and other communication disorders advisory board.--Section 464D of the Public Health Service Act (42 U.S.C. 285m-4), which authorized the National Deafness and Other Communication Disorders Advisory Board, is repealed. (11) National diabetes advisory board, national digestive diseases advisory board, and national kidney and urologic diseases advisory board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4), which authorized the National Diabetes Advisory Board, National Digestive Diseases Advisory Board, and National Kidney and Urologic Diseases Advisory Board, is repealed. (12) Task force on aging research.--Title III of the Home Health Care and Alzheimer's Disease Amendments of 1990 (42 U.S.C. 242q through 242q-5), which authorized the Task Force on Aging Research, is repealed. (f) Department of the Interior.-- (1) Chattahoochee river national recreation area advisory commission.--Section 106 of Public Law 95-344 (16 U.S.C. 460ii- 5), which authorized the Chattahoochee River National Recreation Area Advisory Commission, is repealed. (2) Gulf islands national seashore advisory commission.-- Section 10 of Public Law 91-660 (16 U.S.C. 459h-9), which authorized the Gulf Islands National Seashore Advisory Commission, is repealed. (3) Jefferson national expansion memorial commission.-- Section 7 of the Act of August 24, 1984 (68 Stat. 98, chapter 204; 98 Stat. 1467; 16 U.S.C. 450jj-6), which authorized the Jefferson National Expansion Memorial Commission, is repealed. (4) Potomac heritage national scenic trail advisory council.--The first sentence of section 5(d) of the National Trails System Act (16 U.S.C. 1244(d)), which required the Secretary of the Interior to establish an advisory council for the Potomac Heritage National Scenic Trail, is amended by inserting ``except the Potomac Heritage Trail'' after ``respective trail''. (g) Department of Justice.--Section 5002 of title 18, United States Code, which authorized the Advisory Corrections Council, is repealed. (h) Department of Transportation.-- (1) Commercial motor vehicle safety regulatory review panel.--Section 31134 of title 49, United States Code, as enacted by Public Law 103-472 (formerly section 209 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2508)), which authorized the Commercial Motor Vehicle Safety Regulatory Review Panel, is repealed. (2) National driver register advisory committee.--Section 209 of the National Driver Register Act of 1982 (23 U.S.C. 401 note), which authorized the National Driver Register Advisory Committee, is repealed. (3) National highway safety advisory committee.--Section 404 of title 23, United States Code, which authorized the National Highway Safety Advisory Committee, is repealed.
Advisory Committee Termination Act of 1994 - Amends specified Federal law to repeal authority for specified advisory committees in the Departments of: (1) Agriculture; (2) Defense; (3) Education; (4) Energy; (5) Health and Human Services; (6) the Interior; (7) Justice; and (8) Transportation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Dairy Farmer Preservation Act of 2003''. SEC. 2. NATIONAL COUNTER-CYCLICAL INCOME SUPPORT PROGRAM FOR DAIRY PRODUCERS. (a) Income Support for Eligible Producers.--During the period beginning on the date of the enactment of this Act and ending on September 30, 2011, the Secretary shall carry out a program to support the income of eligible producers of milk. (b) Definitions.--In this section: (1) The term ``Board'' means a Regional Dairy Board established under subsection (e). (2) The terms ``Class I milk'', ``Class II milk'', ``Class III milk'', and ``Class IV milk'' mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under an order. (3) The term ``Class I mover'' means the greater of-- (A) the Advanced Class III milk price (as determined under section 1000.50(q)(4)(i) of title 7, Code of Federal Regulations (or a successor regulation)); and (B) the Advanced Class IV milk price (as determined under section 1000.50(q)(4)(ii) of title 7, Code of Federal Regulations (or a successor regulation)). (4) The term ``covered processor'' means a milk plant located in a participating State or a milk plant that, while not located in a participating State, distributes Class I milk products in a participating State. (5) The term ``District'' means a Regional Dairy District established under subsection (d). (6) The term ``eligible producer'' means an individual or entity that directly or indirectly has an interest in the production of milk in a participating State. (7) The term ``eligible production'' means the lesser of-- (A) the quantity of milk produced by an eligible producer during a month; or (B) 500,000 pounds per month. (8) The term ``marketing area'' means a marketing area subject to an order. (9) The term ``order'' means an order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or a comparable State order, as determined by the Secretary. (10) The term ``participating State'' means a State covered by subsection (c). (11) The term ``Secretary'' means the Secretary of Agriculture. (12) The term ``State'' means each of the 48 contiguous States of the United States. (13) The term ``Trust Fund'' means the National Dairy Producers Trust Fund. (c) Participating States.-- (1) Specified states.--The following States are participating States for purposes of the program authorized by this section: Alabama, Arkansas, Connecticut, Delaware, Georgia, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia. (2) Other states.--The Governor of a State not specified in paragraph (1) may designate the State as a participating State by providing notice to the Secretary in the manner prescribed by the Secretary. (3) Withdrawal.--To withdraw a State from participation in the program, the Governor of the State (with the concurrence of the legislature of the State) shall provide written notice to the Secretary of the withdrawal of the State. (4) Effective date of withdrawal.--The withdrawal of a State from participation in the program takes effect-- (A) in the case of written notice provided during the 180-day period beginning on the date of the enactment of this Act, on the date on which the notice is provided to the Secretary under paragraph (3); and (B) in the case of written notice provided after such period, on the date that is one year after the date on which the notice is provided to the Secretary under paragraph (3). (5) Effect of participation on eligibility for other dairy programs.--Eligible producers operating in a participating State may not receive payments under section 1502 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982), notwithstanding any contract entered into under subsection (b) of such section before the date of the enactment of this Act. Payments made under such a contract before such date shall not be recovered, but no further payments shall be made under the contract. (d) Regional Dairy Districts.--The Secretary shall establish five Regional Dairy Districts that are composed of the following participating States: (1) Northeast district.--A Northeast District consisting of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont. (2) Southern district.--A Southern District consisting of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Upper midwest district.--An Upper Midwest District consisting of the States of Illinois, Indiana, Iowa, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin. (4) Intermountain district.--An Intermountain District consisting of the States of Arizona, Colorado, Idaho, Montana, Nevada, Utah, and Wyoming. (5) Pacific district.--A Pacific District consisting of the States of California, Oregon, and Washington. (e) Regional Dairy Boards.-- (1) In general.--Each District shall be administered by a Regional Dairy Board. (2) Composition.--The Board of a District shall be composed of not less than two, and not more than three, members from each participating State in the District, appointed by the Secretary from nominations submitted by the Governor of the State. (3) Nominations.--The Governor of a participating State shall nominate at least five residents of the State to serve on the Board, of which-- (A) at least one nominee shall be an eligible producer at the time of nomination; and (B) at least one nominee shall be a consumer representative. (f) National Dairy Producers Trust Fund.-- (1) Establishment and funding.--There is established in the Treasury of the United States a trust fund to be known as the National Dairy Producers Trust Fund, which shall consist of-- (A) the payments received by the Secretary and deposited in the Trust Fund under subsection (g); and (B) the payments made by the Secretary to the Trust Fund under subsection (h). (2) Expenditures.--Amounts in the Trust Fund shall be available to the Secretary, to the extent provided for in advance in an appropriations Act, to carry out this section. (g) Payments From Covered Processors to Trust Fund.-- (1) Payments required.--During any month for which the Class I mover is less than $14.25, each covered processor that purchases Class I milk during the month that will be sold in a participating State shall pay to the Secretary for deposit in the Trust Fund an amount obtained by multiplying-- (A) the difference between $14.25 per hundredweight and the Class I mover; by (B) the quantity of Class I milk purchased from eligible producers during the month. (2) Compensatory payments.--The Secretary shall promulgate regulations requiring persons who sell Class I milk into a participating State to make compensatory payments into the Trust Fund with respect to all such milk to the extent necessary to equalize the cost of milk purchased by persons subject to paragraph (1). In no case may a compensatory payment be required on Class I milk on which a payment has been made under paragraph (1). (h) Counter-Cyclical Payments From Secretary to Trust Fund.--If the average price for Class III milk during a month is less than $13.25 per hundredweight, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation (in such amounts as may be necessary) to make a payment each month to the Trust Fund in an amount determined by multiplying-- (1) 25 percent of the difference between $13.25 per hundredweight and the weighted average of the price received by producers in each participating State for Class III milk during the month, as determined by the Secretary; by (2) the quantity of eligible production of Class II, Class III, and Class IV milk produced in the various participating States during the month, as determined by the Secretary. (i) Compensation From Trust Fund for Administrative and Increased Food Assistance Costs.--The Secretary shall use amounts in the Trust Fund to provide compensation-- (1) to the Secretary for administrative costs incurred by the Secretary and Boards in carrying out this section; (2) to the Secretary to cover the increased cost of any milk and milk products provided under any food assistance program administered by the Secretary that results from carrying out this section; and (3) to each State for the increased costs incurred by the State of any milk or milk products provided under the Special Supplemental Nutrition Program for Women, Infants, and Children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that results from carrying out this section (j) Payments From Trust Fund to Boards.-- (1) In general.--The Secretary shall use any amounts in the Trust Fund that remain after providing the compensation required under subsection (i) to make monthly payments to Boards. (2) Amount.--The amount of a payment made to a Board of a District for a month under paragraph (1) shall bear the same ratio to payments made to all Boards for the month as the eligible production in the District during the month bears to eligible production sold in all Districts. (k) Payments by Boards to Producers.-- (1) In general.--With the approval of the Secretary, a Board of a District shall use payments received under subsection (j) to make payments to eligible producers for eligible production of milk that is produced in a participating State in the District. (2) Limitation.--An eligible producer may not receive payments under this subsection on production in excess of 500,000 pounds of milk per month (3) Supply management.--In carrying out paragraph (1), a Board of a District may-- (A) use a portion of the payments described in paragraph (1) to provide bonuses or other incentives to eligible producers for eligible production to manage the supply of milk produced in the District; and (B) request the Secretary to review a proposed action under subparagraph (A). (4) Reimbursement of commodity credit corporation.-- (A) In general.--If the Secretary determines that the Commodity Credit Corporation has incurred additional costs in a fiscal year to carry out section 1501 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981) as a result of overproduction of milk in a District due solely to the operation of this section in that District, the Secretary shall require the Board of that District to reimburse the Commodity Credit Corporation for the additional costs. The amount of any reimbursement by a Board under this subparagraph is limited to the amount that would otherwise be available to the Board to make payments to producers under subsection (j). (B) Board assessment.--The Board of the District may impose an assessment on producers within participating States in the District to compensate the Commodity Credit Corporation for the additional costs.
Family Dairy Farmer Preservation Act of 2003 - Directs the Secretary of Agriculture to carry out counter-cyclical income support programs for dairy producers in participating States through September 30, 2011. Limits individual or entity payments to 550,000 pounds of milk per month.Sets forth the following participating States: (1) Alabama; (2) Arkansas; (3) Connecticut; (4) Delaware; (5) Georgia; (6) Kansas; (7) Kentucky; (8) Louisiana; (9) Maine; (10) Maryland; (11) Massachusetts; (12) Mississippi; (13) Missouri, (14) New Hampshire; (15) New Jersey; (16) New York; (17) North Carolina; (18) Oklahoma; (19) Pennsylvania; (20) Rhode Island; (21) South Carolina; (22) Tennessee; (23) Vermont; (24) Virginia; and (25) West Virginia. Provides that the Governor of another State may designate the State as a participating State by notifying the Secretary.Makes participating producers ineligible for national dairy market loss payments.Directs the Secretary to establish five Regional Dairy Districts, each of which to be administered by a Regional Dairy Board.Establishes in the Treasury a National Dairy Producers Trust Fund, to be funded by specified processor payments and counter-cyclical payments from the Secretary.States that if the Secretary determines that the Commodity Credit Corporation has incurred additional milk price support costs as a result of overproduction in a District due solely to the operation of the counter-cyclical income support program, the Board of that District shall reimburse the Commodity Credit Corporation for such costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``China Human Rights and Democracy Act of 1997''. SEC. 2. UNITED STATES INTERNATIONAL BROADCASTING TO CHINA. (a) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $40,000,000 for fiscal year 1998 and $30,000,000 for fiscal year 1999, which shall be available only for broadcasting to China. Of the funds authorized to be appropriated for fiscal year 1998, $10,000,000 is authorized to be appropriated for capital expenditures for the purchase and construction of transmission facilities. Of the funds authorized to be appropriated for fiscal year 1998 and fiscal year 1999, $20,000,000 is authorized to be appropriated for Radio Free Asia. (b) Sense of Congress.--It is the sense of the Congress that United States international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects which shall include Mandarin, Cantonese, Tibetan, and Uighur. SEC. 3. DEMOCRACY BUILDING IN CHINA. (a) Authorization of Appropriations for NED.--In addition to such sums as are otherwise authorized to be appropriated for the ``National Endowment for Democracy'' for fiscal years 1998 and 1999, there are authorized to be appropriated for the ``National Endowment for Democracy'' $5,000,000 for fiscal year 1998 and $5,000,000 for fiscal year 1999, which shall be available to promote democracy, civil society, and the development of the rule of law in China. (b) East Asia-Pacific Regional Democracy Fund.--The Secretary of State shall use funds available in the East Asia-Pacific Regional Democracy Fund to provide grants to nongovernmental organizations to promote democracy, civil society, and the development of the rule of law in China. SEC. 4. HUMAN RIGHTS IN CHINA. (a) Reports.--Not later than March 30, 1998, and each subsequent year thereafter, the Secretary of State shall submit to the International Relations Committee of the House of Representatives and the Foreign Relations Committee of the Senate an annual report on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Reports shall provide information on each region of China. (b) Prisoner Information Registry.--The Secretary of State shall establish a Prisoner Information Registry for China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. Such information shall include the charges, judicial processes, administrative actions, use of forced labor, incidences of torture, length of imprisonment, physical and health conditions, and other matters related to the incarceration of such prisoners in China. The Secretary of State is authorized to make funds available to nongovernmental organizations presently engaged in monitoring activities regarding Chinese political prisoners to assist in the creation and maintenance of the registry. (c) Human Rights Officers in China.--The Secretary of State shall designate or assign not less than 6 foreign service officers to the United States Embassy and consular offices in China with the principal assignment of monitoring and reporting on human rights matters in China. In addition, the number of officers assigned to the United States diplomatic missions in China whose principal assignment is commerce or trade may not exceed the number of officers in China whose principal assignment is human rights matters. SEC. 5. REPORTS TO CONGRESS ON CHINESE MILITARY AND INTELLIGENCE ACTIVITIES. (a) Report Concerning Chinese Intelligence Activities Directed Against United States Interests.--No later than March 30 of each calendar year, the President shall report in both classified and unclassified form on all Chinese intelligence collection activities directed against United States interests to the Committees on National Security, International Relations, and Intelligence of the House of Representatives and the Committees on Armed Services, Foreign Relations, and Intelligence of the Senate. (b) Information Concerning Commercial Enterprises Affiliated With the Chinese Military.--The Secretary of Commerce, in consultation with the Secretaries of State, Defense and Treasury and the Director of the Central Intelligence Agency, shall compile and make available to the public through all appropriate means, including internet technology, information concerning Chinese commercial enterprises or joint ventures in which the Chinese Ministry of Defense, the Peoples Liberation Army, affiliated commercial entities, or senior officials of such entities and their immediate family, have an ownership interest. SEC. 6. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Purpose.--It is the purpose of this section to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China. (b) Statement of Principles.--It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China should: (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor, and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrest or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations or property, and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to establish a private business enterprise when involved in an industrial cooperation project with the Government of the People's Republic of China or other state entity. (5) Discourage any Chinese military presence on the premises of any industrial cooperation projects which involve dual-use technologies. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the International Labor Organization's office in Beijing. (7) Provide the Department of State with information relevant to the Department's efforts to collect information on prisoners for the purposes of the Prisoner Information Registry, and for other reporting purposes. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on the free flow of information. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. (d) Registration Requirement.-- (1) In general.--Each United States national conducting an industrial cooperation project in the People's Republic of China shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles set forth in subsection (b). No fee shall be required for registration under this subsection. (2) Preference for participation in trade missions.--The Secretary of Commerce shall consult the register prior to the selection of private sector participants in any form of trade mission to China, and undertake to involve those United States nationals that have registered their adoption of the principles set forth above. (e) Definitions.--As used in this section-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands. SEC. 7. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL, MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES BETWEEN THE UNITED STATES AND CHINA. (a) Exchanges Between the United States and China.--Agencies of the United States Government which engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges shall endeavor to initiate or expand such exchange programs with regard to China. (b) Legislative Exchange Program.--It is the sense of the Congress, that the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with the National Peoples Congress of China. (c) Sense of Congress.--It is the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. SEC. 8. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN CHINESE GOVERNMENT APPLICANTS. (a) Denial of Entry.--Except as provided in subsection (b), 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 where a consular officer or the Attorney General knows or has reasonable grounds to believe-- (1) the applicant has been materially involved in the commission of human rights violations, as defined in subsection (c), within the People's Republic of China; or (2) the applicant has been materially involved in the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of United States interests. (b) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive the applicability of subsection (a) with respect to any applicant otherwise covered by that paragraph if the President determines that the waiver with respect to the applicant is in the national interest of the United States. (2) Notice.-- (A) Requirement.--The President may not exercise the authority provided in paragraph (1) with respect to an applicant unless the President submits to Congress a written notification of the exercise of the authority. (B) Contents.--Notices of the exercise of waiver authority shall include-- (i) a statement of the activities of the applicant which triggered the application of this statute; and (ii) an explicit statement detailing the policy reasons and factual bases for the finding that the issuance of a visa to the applicant at issue is in the national interest of the United States. (C) Other reports.--The Secretary of State, in consultation with the Attorney General, shall provide to the Congress, not later than March 1 of each calendar year following the enactment of this statute, a report concerning the application of this provision. This report should include information on all instances in which this statute was triggered by an applicant and the subsequent disposition of the application. (c) Definitions.--For the purposes of this Act, the term ``human rights violations'' means actions which are in contravention of the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, including, but not limited to, material involvement in the suppression of the free practice of religion, the creation and implementation of coercive family planning policies or the massacre of nonviolent demonstrators in Tiananmen Square on June 4, 1989. SEC. 9. SENSE OF CONGRESS CONCERNING ESTABLISHMENT OF A COMMISSION ON SECURITY AND COOPERATION IN ASIA. It is the sense of the Congress that Congress, the President, and the Secretary of State should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.
China Human Rights and Democracy Act of 1997 - Authorizes appropriations for International Broadcasting Activities only for broadcasting to China. Earmarks funds for: (1) capital expenditures for the purchase and construction of transmission facilities; and (2) Radio Free Asia. (Sec. 2) Expresses the sense of the Congress that U.S. international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects, including Mandarin, Cantonese, Tibetan, and Uighur. (Sec. 3) Authorizes appropriations to the National Endowment for Democracy, and directs the Secretary of State to use funds available in the East Asia-Pacific Regional Democracy Fund, to promote democracy, civil society, and the development of the rule of law in China. (Sec. 4) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to: (1) establish a Prisoner Information Registry for China; and (2) assign not less than six foreign service officers to the U.S. Embassy and consular offices in China to monitor and report on human rights matters in China. (Sec. 5) Requires specified reports to the Congress on Chinese intelligence activities against U.S. interests and on commercial enterprises affiliated with the Chinese military. (Sec. 6) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles. Declares that such nationals should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to establish a private business enterprise when involved in an industrial cooperation project with China or other state entity; (5) discourage any military presence on the premises of projects which involve dual-use technologies; (6) promote freedom of association and assembly among the U.S. national's employees; (7) provide the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Requires the Secretary of Commerce to give preference to U.S. nationals that have adopted such principles when selecting participants for trade missions in China. (Sec. 7) Requires the promotion of cultural, educational, scientific, agricultural, military, legal, political, and artistic exchanges between the United States and China. Expresses the sense of the Congress that: (1) the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with China; and (2) a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. (Sec. 8) Prohibits the Secretary from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national that has been materially involved in: (1) the commission of human rights violations; or (2) the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of U.S. interests. Provides for waiver of such requirements in the U.S. national interest. (Sec. 9) Expresses the sense of the Congress that the Congress, the President, and the Secretary should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Fusion Energy Act of 1993''. SEC. 2. FINDINGS, PURPOSES AND DEFINITIONS. (a) Findings.--Congress finds that-- (1) fusion energy has the potential to be a safe, environmentally attractive, secure and economically affordable source of energy; (2) the United States Department of Energy's magnetic fusion energy program has made significant progress toward realizing fusion as a viable source of energy; (3) other industrial nations have also invested in significant magnetic fusion energy programs; (4) an integrated program of international collaboration will be necessary for continued progress to demonstrate the scientific and technological feasibility of magnetic fusion energy; (5) there is international agreement to proceed with the engineering and design of the International Thermonuclear Experimental Reactor to prove the scientific and technical feasibility of fusion energy and to lead to a demonstration reactor; (6) the United States should focus the Department of Energy's magnetic fusion energy program on elements furthering the design, construction and operation of the International Thermonuclear Experimental Reactor and a fusion demonstration reactor, including the operation of the Tokamak Physics Experiment; (7) the continuation of an aggressive fusion energy program requires the Department of Energy, industry, utilities, and the international fusion community to commit to the International Thermonuclear Experimental Reactor as soon as practicable; and (8) an effective United States fusion energy program requires substantial involvement by industry and utilities in the design, construction, and operation of fusion facilities. (b) Purposes.--The purposes of this Act are to-- (1) redirect and refocus the Department's magnetic fusion energy program in a way that will lead to the design, construction and operation of the International Thermonuclear Experimental Reactor by 2005, in cooperation with other countries, and operation of a fusion demonstration reactor by 2025; (2) develop a plan identifying the budget, critical path, milestones and schedules for the International Thermonuclear Experimental Reactor; (3) limit the Department of Energy's magnetic fusion energy program to elements that support the development of the International Thermonuclear Experimental Reactor or a fusion demonstration reactor, including the Tokamak Physics Experiment to be built at the Princeton Plasma Physics Laboratory; and (4) select a candidate host site within the United States for the International Thermonuclear Experimental Reactor and to identify the steps necessary to lead to the selection of the final host site by the international community. (c) Definitions.-- (1) ``Department'' means the United States Department of Energy; (2) ``ITER'' means the International Thermonuclear Experimental Reactor; and (3) ``Secretary'' means the Secretary of the United States Department of Energy. SEC. 3. INTERNATIONAL FUSION ENERGY PROGRAM. (a)(1) Office of the Fusion Negotiator.--(A) There is established the Office of the International Fusion Negotiator that shall be an independent establishment in the executive branch. (B) The Office shall be headed by an International Fusion Negotiator who shall be appointed by the President, by and with the advice and consent of the Senate. The Negotiator shall hold office at the pleasure of the President, and shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code. (C) The Negotiator, in consultation with the Secretary and the Secretary of State, shall represent the United States in negotiations with other countries relating to the design, construction or operation of the International Thermonuclear Experimental Reactor. (2) Program.--The Secretary shall redirect and refocus the Department's magnetic fusion program in a way that will lead to the design, construction and operation of ITER by 2005 and operation of a fusion demonstration reactor by 2025. The Department's magnetic fusion program shall be referred to as the program and shall be carried out in cooperation with the international community. (b) Requirements.--In developing the program, the Secretary shall-- (1) establish as the main focus of the Department's magnetic fusion energy program the development of ITER; (2) provide for the development of fusion materials and other reactor components to the extent necessary for the development of a fusion demonstration reactor; (3) eliminate those components of the magnetic fusion energy program not contributing directly to development of ITER or to the development of a fusion demonstration reactor; (4) select a candidate host site within the United States for the International Thermonuclear Experimental Reactor; (5) provide support, as requested, to the International Fusion Negotiator in negotiating with other countries involved in ITER to select a final host site for ITER and to agree to construct ITER as soon as practicable; (6) provide for substantial United States industry and utility involvement in the design, construction and operation of ITER to ensure United States industry and utility expertise in the technologies developed; and (7) provide for reducing the level of effort in the program to the levels prescribed in section 4(b)(2) in the event the program is terminated in accordance with subsection (g). (c) Management Plan.--(1) Within one hundred eighty days of the date of enactment of this Act, the Secretary shall prepare, in consultation with the International Fusion Negotiator, and implement a management plan for the program. The plan shall be revised and updated biannually. (2) The plan shall-- (A) establish the goals of the program; (B) describe how each component of the Department's program contributes directly to the development of ITER or development of a fusion demonstration reactor; (C) set priorities for the elements of the Department's program, identifying those elements that contribute directly to the development of ITER or to the development of a fusion demonstration reactor; (D) provide for the elimination of those elements of the magnetic fusion energy program not contributing directly to the development of ITER, or to the development of fusion materials or other reactor components that are necessary for the development of a fusion demonstration reactor; (E) describe the selection process for a proposed host site within the United States for ITER; (F) establish the necessary steps that will lead to the final selection of the host site for ITER by the countries involved in the program by the end of 1996. (G) establish the necessary steps that will lead to the design, construction and operation of ITER by 2005 and operation of a fusion demonstration reactor by 2025; (H) establish a schedule and critical path, including milestones, and a budget that will allow for the design, construction and operation of ITER by 2005 and operation of a demonstration fusion reactor by 2025; (I) provide mechanisms for ensuring substantial industry and utility involvement in the design, construction and operation of ITER; (J) set forth any recommendations of the Secretary on-- (i) the need for additional legislation regarding the program; or (ii) the possibility and desireability of accelerating the design and construction of ITER or the development of a fusion demonstration reactor; and (K) provide for reducing the level of effort in magnetic fusion to the levels prescribed in section 4(b)(2) in the event the program is terminated in accordance with subsection (g). (d) International Agreements.--(1) The International Fusion Negotiator may negotiate or enter into agreements with any country governing the design, construction and operation of ITER or facilities related to ITER. (2) The International Fusion Negotiator shall seek to enter into agreements with other countries to share in the cost of the facilities and components of the program that contribute to the design, construction or operation of ITER or to the development of a fusion demonstration reactor. (e) Report on ITER Negotiations.--The International Fusion Negotiator shall submit an annual report to the Congress on the status of negotiations with other countries regarding ITER. The report shall-- (1) identify the issues to be negotiated with other countries involved in the program; (2) identify impediments to reaching agreement on a host site for ITER, or on issues related to the construction or operation of ITER; (3) identify the steps needed to reach agreement on a host site for ITER or on issues related to the construction or operation of ITER; (4) establish the timetable for agreement related to the siting, operation and construction of ITER; and (5) assess the likelihood of reaching agreement on a host site for ITER and on issues related to the construction or operation of ITER. (f) Certification.--Prior to seeking funds for construction of ITER, the Secretary, after consultation with the International Fusion Negotiator, shall certify to the Congress that there is agreement in place or there is a substantial likelihood agreement will be reached with the countries involved in ITER on the siting, construction and operation of ITER. (g) Termination.--(1) The Secretary shall report to Congress if the Secretary determines that-- (A) ITER is no longer essential to the development of a fusion demonstration reactor; (B) no agreement can be reached on the final host site for ITER; (C) no agreement can be reached on the final design of ITER or on issues related to construction of ITER; or (D) there is an insufficient commitment to the final ITER design by United States industry and utilities. (2) Within thirty days of submission of the report under paragraph (1), the Secretary shall initiate the termination of the program. (3) In the event the Secretary terminates the program, the Secretary may continue to carry out research in magnetic fusion, but only at the levels authorized in section 4(b)(2). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Limitation on Appropriations.--No more funds may be appropriated to carry out the purposes of this Act than the amounts set forth in subsection (b). This Act shall be the exclusive source of authorization of appropriations to support any activities of the Secretary relating to magnetic fusion energy. (b) Appropriations.--(1) There is authorized to be appropriated to the Secretary for carrying out the purposes of this Act $380,000,000 for fiscal year 1994, $425,000,000 for fiscal year 1995, $475,000,000 for fiscal year 1996, and such sums as may be necessary thereafter. (2) In the event the Secretary terminates the program, there is authorized to be appropriated to the Secretary $50,000,000 for 1994, $50,000,000 for 1995 and $50,000,000 for 1996 for activities relating to magnetic fusion energy. Passed the Senate June 29 (legislative day, June 22), 1993. Attest: WALTER J. STEWART, Secretary.
International Fusion Energy Act of 1993 - Establishes the Office of the International Fusion Negotiator, whose head shall represent the United States in international negotiations regarding the International Thermonuclear Experimental Reactor (ITER). Directs the Secretary of Energy to redirect and refocus the Department of Energy (DOE) magnetic fusion program towards implementation of ITER, and a fusion demonstration reactor. Outlines ITER program requirements and management plan. Authorizes the Negotiator to enter into international agreements regarding ITER implementation and cost sharing. Requires the Negotiator to submit an annual status report to the Congress on such agreements. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Energy Security Act of 2014''. SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) Agency Payments.--Section 801(a)(2)(B) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(B)) is amended in the first sentence-- (1) by striking ``both utilities'' and inserting ``utilities, entities that supply, deliver, and transport fuel,''; and (2) by inserting ``or fuel supply, delivery, or transport'' after ``for utilities''. (b) Nonbuilding Applications.--Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the following: ``(H) Nonbuilding applications.--A Federal agency may enter into an energy savings performance contract under this title for the purpose of reducing the costs of fuel supply, delivery, or transport for nonbuilding applications, including secondary savings.''. (c) Definitions.--Section 804 of the National Energy Conservation Policy Act (42 U.S.C. 8287c) is amended-- (1) in paragraph (2)(A)-- (A) in the matter preceding clause (i)-- (i) by striking ``or wastewater treatment'' and inserting ``wastewater treatment, or fuel supply, delivery, or transport''; and (ii) by inserting ``or nonbuilding applications'' after ``federally owned facilities''; (B) in clause (ii), by striking ``or'' after the semicolon at the end; (C) in clause (iii), by inserting ``or'' after the semicolon at the end; and (D) by adding at the end the following: ``(iv) the improved efficiency of fuel use in nonbuilding applications.''; (2) in the first sentence of paragraph (3), by inserting ``or for the purpose of reducing the cost of fuel supply, delivery, or transport for nonbuilding applications'' before the period at the end; and (3) by adding at the end the following: ``(5) Nonbuilding application.--The term `nonbuilding application' means-- ``(A) any class of vehicles, devices, or equipment that-- ``(i) is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air; and ``(ii) consumes energy from any fuel source for the purpose of-- ``(I) that transportation; or ``(II) maintaining a controlled environment within the vehicle, device, or equipment; and ``(B) any federally owned equipment used to generate electricity or transport water. ``(6) Secondary savings.-- ``(A) In general.--The term `secondary savings' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract. ``(B) Inclusions.--The term `secondary savings' includes-- ``(i) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support; ``(ii) personnel cost savings and environmental benefits; and ``(iii) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity from the production.''. SEC. 3. AUTHORIZATION FOR RESEARCH TO IMPROVE MILITARY VEHICLE TECHNOLOGY TO INCREASE FUEL ECONOMY OR REDUCE FUEL CONSUMPTION OF MILITARY VEHICLES USED IN COMBAT. (a) Research Authorized.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous Successes.--The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. SEC. 4. REQUIREMENT TO ESTABLISH REPOSITORY FOR OPERATIONAL ENERGY- RELATED RESEARCH AND DEVELOPMENT EFFORTS OF DEPARTMENT OF DEFENSE. (a) Repository Required.--Not later than December 31, 2015, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet Access.--The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. SEC. 5. EXECUTIVE AGENT FOR WARRIOR POWER. Not later than September 31, 2014, the Secretary of Defense shall establish a Department of Defense executive agent for warrior power to align and advance efforts across the military services to measure and manage the research, development, testing, evaluation, procurement, and fielding of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment. SEC. 6. SECURE ENERGY INNOVATION PROGRAM. (a) Establishment.--The Secretary of Defense shall establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. (b) Metrics.--The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program established under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. SEC. 7. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR ENERGY MANAGEMENT INITIATIVES. Section 2919(b)(2) of title 10, United States Code, is amended by striking ``, to the extent provided for in an appropriations Act,''. SEC. 8. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE FUELED VEHICLE INFRASTRUCTURE FUND. (a) Establishment of Fund.--There is established in the Treasury a fund to be known as the ``Department of Defense Alternative Fuel Vehicle Infrastructure Fund'' (in this section referred to as the ``Fund''). (b) Deposits.--The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments.--The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of Funds.--Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Private Use.--The Secretary may make alternative fuel dispensed through alternative fuel dispensing stations of the Department available to employees of the Department and members of the Armed Forces for private use. (f) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' means a vehicle that operates on alternative fuel.
Department of Defense Energy Security Act of 2014 - Amends the National Energy Conservation Policy Act to authorize agencies to enter into energy savings performance contracts to reduce the costs of fuel supply, delivery, or transport for nonbuilding applications. Prohibits payments by agencies to entities that supply, deliver, or transport fuel under such contracts from exceeding the amounts that the agencies would have paid entities without the contracts. Authorizes the Assistant Secretary of Defense for Research and Engineering to: (1) carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat; and (2) establish an online, centralized repository for all Department of Defense (DOD) operational energy-related research and development efforts. Directs the Secretary of Defense to establish: (1) a DOD executive agent for warrior power to align and advance efforts to measure and manage the development and evaluation of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment; and (2) a program to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. Establishes in the Treasury the Department of Defense Alternative Fuel Vehicle Infrastructure Fund to support installing, operating, and maintaining alternative fuel dispensing stations for use by DOD's alternative fueled vehicles and other infrastructure necessary to fuel the vehicles.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Generic Prescription Drug Fairness Act of 2005''. SEC. 2. IMPROVED REGULATION OF AUTHORIZED GENERIC DRUGS AND OTHER DRUGS SOLD UNDER A NEW DRUG APPLICATION APPROVED UNDER SECTION 505(C) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Inclusion With Other Reported Average Manufacturer and Best Prices.--Section 1927(b)(3)(A) (42 U.S.C. 1396r-8(b)(3)(A)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) not later than 30 days after the last day of each rebate period under the agreement-- ``(I) on the average manufacturer price (as defined in subsection (k)(1)) for each covered outpatient drug for the rebate period under the agreement (including for each such drug that is an authorized generic drug or is any other drug sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act); and ``(II) for each single source drug, innovator multiple source drug, authorized generic drug, and any other drug sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act, on the manufacturer's best price (as defined in subsection (c)(1)(C)) for such drug for the rebate period under the agreement;''; and (2) in clause (ii), by inserting ``(including for such drugs that are authorized generic drugs or are any other drugs sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act)'' after ``drugs''. (b) Conforming Amendments.--Section 1927 of such Act (42 U.S.C. 1396r-8) is amended-- (1) in subsection (c)(1)(C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``or innovator multiple source drug of a manufacturer'' and inserting ``, innovator multiple source drug, or authorized generic drug of a manufacturer, or any other drug of a manufacturer that is sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act''; and (B) in clause (ii)-- (i) in subclause (II), by striking ``and'' at the end; (ii) in subclause (III), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(IV) in the case of a manufacturer that approves, allows, or otherwise permits an authorized generic drug or any other drug of the manufacturer to be sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act, shall be inclusive of the lowest price for such authorized generic or other drug available from the manufacturer during the rebate period to any wholesaler, retailer, provider, health maintenance organization, nonprofit entity, or governmental entity within the United States, excluding those prices described in subclauses (I) through (IV) of clause (i).''; and (2) in subsection (k)-- (A) in paragraph (1)-- (i) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Inclusion of authorized generic drugs.--In the case of a manufacturer that approves, allows, or otherwise permits an authorized generic drug or any other drug of the manufacturer to be sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act, such term shall be inclusive of the average price paid for such authorized generic or other drug by wholesalers for drugs distributed to the retail pharmacy class of trade, after deducting customary prompt pay discounts.''; and (B) by adding at the end the following: ``(10) Authorized generic drug.--The term `authorized generic drug' means a listed drug (as that term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act that-- ``(A) has been approved under section 505(c) of such Act; and ``(B) is marketed, sold, or distributed directly or indirectly to retail class of trade under a different labeling, packaging (other than repackaging as the listed drug in blister packs, unit doses, or similar packaging for use in institutions), product code, labeler code, trade name, or trade mark than the listed drug.''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2005. SEC. 3. APPLICATION OF BASIC REBATE FOR SINGLE SOURCE AND INNOVATOR MULTIPLE SOURCE DRUGS. (a) In General.--Section 1927(c)(1) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``or an innovator multiple source drug'' and inserting ``, an innovator multiple source drug, or an authorized generic drug or any other drugs sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act''; and (2) in subparagraph (C)(i), by striking ``or innovator multiple source drug'' and inserting ``, an innovator multiple source drug, or an authorized generic drug or any other drugs sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to rebate agreements entered into or renewed on or after that date.
Generic Prescription Drug Fairness Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to revise requirements for drug manufacturer reports to the Secretary of Health and Human Services on the average manufacturer price for each covered outpatient drug and the manufacturer's best price for single source and innovator multiple source drugs. Requires manufacturers to report also on the manufacturer's best price for each authorized generic drug and any other drugs sold under a new drug application approved under the Federal Food, Drug, and Cosmetic Act. Applies the basic rebate for single source and innovator multiple source drugs to authorized generic drugs and any other drugs sold under an approved new drug application.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition on Cloning of Human Beings Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) it has been reported that an adult sheep has been cloned using a technique called somatic cell nuclear transfer; (2) the National Bioethics Advisory Commission (referred to in this Act as the ``NBAC'') has reviewed the scientific and ethical implications of the potential use of such technology to clone human beings; (3) the NBAC has determined that-- (A) somatic cell nuclear transfer technology may have many applications for biotechnology, livestock productions, and new medical approaches including the production of pharmaceutical proteins and prospects for repair, regeneration, or transplant of human tissues or organs; and (B) the possibility of using somatic cell nuclear transfer for the purposes of creating a child entails significant scientific uncertainty and medical risk, which could result in harm to a child; (4) the NBAC concluded unanimously that at this time it is morally unacceptable for anyone in the public or private sector, whether in a research or clinical setting, to attempt to create a child using somatic cell nuclear transfer-cloning; (5) the consensus of the NBAC is based on current scientific information indicating that this technique is not safe to use in humans at this time; (6) in addition to issues of safety, the NBAC identified many additional serious ethical concerns which they agreed require a great deal more widespread and careful public deliberation before this technology may be used; (7) the NBAC recommended a continuation of the current moratorium on the use of Federal funds to support any attempt to create a child by somatic cell nuclear transfer, and an immediate request to all firms, clinicians, investigators, and professional societies to comply voluntarily with the intent of the Federal moratorium; (8) the NBAC further recommended that Federal legislation be enacted to prohibit anyone from attempting, whether in a research or clinical setting, to create a child through somatic cell nuclear transfer cloning; (9) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported restrictions on this activity; (10) the NBAC specified that such Federal legislation should include a sunset provision and that, prior to the sunset date, an oversight body should review and report on the status of somatic cell nuclear transfer technology and the ethical and social issues associated with its use and recommend whether the prohibition should be continued; (11) the NBAC concluded that any regulatory or legislative actions undertaken to effect the foregoing prohibition should be carefully written so as not to interfere with other important areas of research, such as the cloning of human DNA sequences and cells, which raise neither the scientific nor the ethical issues that arise from the possible creation of children through somatic cell nuclear transfer techniques; (12) the NBAC also found that cloning animals by somatic cell nuclear transfer does not raise the same issues implicated in attempting to use the technique to create a child, and its continuation should only be subject to existing regulations regarding the humane use of animals; and (13)(A) biomedical research facilities, including those conducting cloning, and reproductive services facilities engage in and affect interstate commerce; (B) the products of biomedical research, including cloning, and the services provided by reproductive services facilities move in interstate commerce; (C) patients travel regularly across State lines in order to access reproductive services facilities; and (D) biomedical research facilities, including those conducting cloning, and reproductive services facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market. SEC. 3. PURPOSES. It is the purpose of this Act to-- (1) prohibit any attempt, in this country or elsewhere, to clone a human being, that is, to use the product of somatic cell nuclear transfer to create a human being genetically identical to an existing or deceased human being; (2) prohibit the use of Federal funds for any of the activities described in paragraph (1); and (3) provide for further review of the ethical and scientific issues associated with the use of somatic cell nuclear transfer in humans. SEC. 4. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. PROHIBITION ON CLONING. ``(a) Definitions.--In this section: ``(1) Cloning.--The term `cloning' means the production of a precise genetic copy of a molecule (including DNA), cell, tissue, organ, plant, animal, or human. ``(2) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(3) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(4) Somatic cell.--The term `somatic cell' means a mature, diploid cell. ``(5) Somatic cell nuclear transfer.--The term `somatic cell nuclear transfer' means transferring the nucleus of a somatic cell of an existing or deceased human child or adult into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(b) Prohibitions.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus; ``(2) to ship the product of somatic cell nuclear transfer in interstate or foreign commerce for the purpose of implanting the product of somatic cell nuclear transfer into a woman's uterus, in the United States or elsewhere; or ``(3) to use funds made available under this Act, or any other Act, for an activity prohibited under paragraph (1) or (2). ``(c) Protected Research and Practices.--Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of-- ``(1) somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues; ``(2) mitochondrial, cytoplasmic or gene therapy; or ``(3) somatic cell nuclear transfer techniques to create nonhuman animals. ``(d) National Bioethics Advisory Commission Report.-- ``(1) In general.--Not later than 4\1/2\ years, and subsequently, 9\1/2\ years, after the date of enactment of this section, the National Bioethics Advisory Commission shall prepare and submit to the President and Congress a report concerning-- ``(A) the state of the science of cloning and relevant developments in cell biology; ``(B) the ethical and social issues associated with the potential use of this technology in humans; and ``(C) the advisability of continuing the prohibition established under this section. ``(2) Other reports.--The National Bioethics Advisory Commission may produce reports in addition to the reports required under paragraph (1) if the Commission determines that such reports are useful to clarify any of the topics described in paragraph (1), address changes in the state of science or society, or modify or clarify the recommendations of the Commission. ``(3) Continuation of commission.--The National Bioethics Advisory Commission is authorized to continue for the 10-year period described in subsection (i) to prepare reports under this section and for other purposes as established in Executive Order 12975 and subsequent amendments to such Order. This paragraph shall be construed to supersede the termination and chartering provisions of section 14 of the Federal Advisory Committee Act (5 U.S.C. App 2). ``(e) Penalties.-- ``(1) In general.--Any person who intentionally violates the provisions of subsection (b) shall be fined the greater of $1,000,000 or 3 times the gross pecuniary gain or loss resulting from the violation. ``(2) Civil actions.--If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation. ``(3) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(4) Authority.--The Attorney General shall have exclusive, nondelegable enforcement authority under this section. ``(5) Advisory opinions.--The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices. ``(f) Cooperation with Foreign Countries.--It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b). ``(g) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action. ``(h) Preemption of State Law.--The provisions of this section shall preempt any State or local law that prohibits or restricts research regarding, or practices constituting, somatic cell nuclear transfer, mitochondrial or cytoplasmic therapy, or the cloning of molecules, DNA, cells, tissues, organs, plants, animals, or humans. ``(i) Effective Date.--This section shall be effective for the 10- year period beginning on the date of enactment of this section. The prohibitions contained in this section shall terminate at the expiration of such 10-year period.''.
Prohibition on Cloning of Human Beings Act of 1998 - Amends the Public Health Service Act to make it unlawful for any person or other legal entity to: (1) implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus; (2) ship the product of somatic cell nuclear transfer in interstate or foreign commerce for the purpose of implanting such product into a woman's uterus, in the United States or elsewhere; or (3) use funds made available under this Act, or any other Act, for an activity prohibited by this Act. Prohibits construing any provision of this Act so as to restrict areas of biomedical and agricultural research or practices not expressly prohibited by this Act, including research or practices involving the use of: (1) somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues; (2) mitochondrial, cytoplasmic or gene therapy; or (3) somatic cell nuclear transfer techniques to create nonhuman animals. Requires the National Bioethics Advisory Commission to submit a report to the President and the Congress concerning: (1) the state of the science of cloning and relevant developments in cell biology; (2) the ethical and social issues associated with the potential use of this technology in humans; and (3) the advisability of continuing the prohibition. Permits the Commission to produce additional reports if such reports are useful to clarify any of the topics described, address changes in the state of science or society, or modify or clarify the Commission's recommendations. Authorizes the continuation of the Commission for a ten-year period. Sets forth, with respect to violations of the cloning prohibition, requirements for: (1) civil penalties; (2) civil actions; and (3) the forfeiture of certain property. Requires the Attorney General to: (1) have exclusive, nondelegable enforcement authority under this Act; and (2) upon request, render binding advisory opinions regarding the scope and enforcement of this Act with respect to specific research projects or practices. Expresses the sense of the Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited. Prohibits construing any provision of this Act so as to give any individual or person a private right of action. Provides for the preemption of any State or local law that prohibits or restricts research regarding, or practices constituting, somatic cell nuclear transfer, mitochondrial or cytoplasmic therapy, or the cloning of molecules, DNA, cells, tissues, organs, plants, animals, or humans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mosquito Abatement for Safety and Health Act''. SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4 of Public Law 107-84 and section 312 of Public Law 107-188, is amended-- (1) by transferring section 317R so as to appear after section 317Q; and (2) by inserting after section 317R (as so transferred) the following: ``SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS; COORDINATION GRANTS TO STATES. ``(a) Prevention and Control Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States for the operation of mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as `control programs'). ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to political subdivisions that-- ``(A) have an incidence or prevalence of mosquito- borne disease, or a population of infected mosquitoes, that is substantial relative to other political subdivisions; ``(B) demonstrate to the Secretary that the political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; and ``(C) demonstrate to the Secretary (directly or through State officials) that the State in which the political subdivision is located has identified or will identify geographic areas in the State that have a significant need for control programs and will effectively coordinate such programs in such areas. ``(3) Requirement of assessment and plan.--A grant may be made under paragraph (1) only if the political subdivision involved-- ``(A) has conducted an assessment to determine the immediate needs in such subdivision for a control program, including an entomological survey of potential mosquito breeding areas; and ``(B) has, on the basis of such assessment, developed a plan for carrying out such a program. ``(4) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision, a grant under such paragraph may be made only if the subdivision agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Waiver.--The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision involved justify the waiver. ``(5) Reports to secretary.--A grant may be made under paragraph (1) only if the political subdivision involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision will submit to the Secretary, and to the State within which the subdivision is located, a report that describes the control program and contains an evaluation of whether the program was effective. ``(6) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $100,000. A political subdivision may not receive more than one grant under such paragraph. ``(b) Assessment Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States to conduct the assessments and to develop the plans that are required in paragraph (3) of subsection (a) as a condition of receiving a grant under paragraph (1) of such subsection. ``(2) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A political subdivision may not receive more than one grant under such paragraph. ``(c) Coordination Grants to States.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of coordinating control programs in the State. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence or prevalence of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. ``(3) Certain requirements.--A grant may be made under paragraph (1) only if-- ``(A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (a)(3) that have been conducted or developed, respectively, by political subdivisions in the State; ``(B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; and ``(C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous. ``(4) Reports to secretary.--A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that-- ``(A) describes the activities of the State under the grant; and ``(B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (a)(5) from such subdivisions. ``(5) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A State may not receive more than one grant under such paragraph. ``(d) Applications for Grants.--A grant may be made under subsection (a), (b), or (c) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Technical Assistance.--The Secretary may provide training and technical assistance with respect to the planning, development, and operation of control programs under subsection (a) and assessments and plans under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. ``(f) Definitions.--For purposes of this section: ``(1) Control program.--The term `control program' has the meaning indicated for such term in subsection (a)(1). ``(2) Political subdivision.--The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this Act. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.''. SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 463B. METHODS OF CONTROLLING CERTAIN INSECT POPULATIONS. ``The Director of the Institute shall conduct or support research to identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences.''. SEC. 4. SENSE OF THE SENATE CONCERNING THE WEST NILE VIRUS. It is the sense of the Senate that-- (1) the West Nile virus raises concerns about the safety of the nation's blood supply and every effort should be made to protect blood and blood products recipients from infection with the virus; (2) the Food and Drug Administration should comprehensively review its protocols and regulations for screening of blood and platelet donors and their donated specimens, and report to Congress on the ability of these protocols to protect the blood supply from West Nile virus; (3) on the basis of a review conducted as provided for in paragraph (2), the Commissioner of Food and Drugs should revise protocols and regulations to protect the blood supply and blood products supply from West Nile virus to the maximum extent possible; (4) the Commissioner of Food and Drugs should make recommendations on additional authorities that are needed to protect the blood supply and blood product supply from the West Nile virus; and (5) the Commissioner of Food and Drugs, keeping with procedures to maximize the protection of the public health, should expedite review of appropriate blood screening tests for the West Nile virus.
Mosquito Abatement for Safety and Health Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to political subdivisions of States ("localities") for the operation of mosquito control programs to prevent and control mosquito-borne diseases.Requires each locality receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program, unless the Secretary waives the requirement due to extraordinary economic conditions in the locality.Permits the Secretary, acting through the Director, to make grants to localities for conducting assessments and plans for control programs, and to make grants to States for the purpose of coordinating control programs.Allows the Secretary to provide training and technical assistance to localities with respect to the planning, development, and operation of control programs and assessments and plans, either directly or through award of grants or contracts to public and private entities.Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects that transmit dangerous diseases to humans.Expresses the sense of the Senate that the Food and Drug Administration should comprehensively review its protocols and regulations for screening of blood and platelet donors and their donated specimens and report on the ability of the protocols to protect the blood supply from West Nile virus. Directs the Commissioner of Food and Drugs to: (1) revise protocols and regulations to protect the blood supply and blood supply products from the West Nile virus to the maximum extent possible; and (2) expedite review of appropriate blood screening tests for the West Nile virus.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccine Shortage Preparedness Act of 2008''. SEC. 2. SALES FROM 6-MONTH SUPPLY. Section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by inserting before the last sentence the following: ``The Secretary may sell such quantities of vaccines from such supply to public health departments or back to the vaccine manufacturers as the Secretary determines appropriate. Proceeds received from such sales shall be available to the Secretary only for the purposes of procuring pediatric vaccine stockpiles under this section and shall remain available until expended.''. SEC. 3. ONE-YEAR NOTICE ON DISCONTINUING MANUFACTURE OF VACCINE. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C the following section: ``SEC. 506D. DISCONTINUANCE OF VACCINE. ``(a) In General.-- ``(1) Notice to secretary.--A manufacturer of a vaccine approved by the Secretary shall notify the Secretary of a discontinuance of the manufacture of the vaccine at least 12 months prior to the date of the discontinuance. ``(2) Director of centers for disease control and prevention.--Promptly after receiving a notice under paragraph (1), the Secretary shall inform the Director of the Centers for Disease Control and Prevention of the notice. Promptly after determining that a reduction under subsection (b) applies with respect to such a notice, the Secretary shall inform such Director of the reduction. ``(3) Relationship to separate notice program.--In the case of a vaccine that is approved by the Secretary and is a drug described in section 506C(a), this section applies to the vaccine in lieu of section 506C. ``(b) Reduction in Notification Period.--The notification period required under subsection (a) for a manufacturer may be reduced if the manufacturer certifies to the Secretary that good cause exists for the reduction, such as a situation in which-- ``(1) a public health problem may result from continuation of the manufacturing for the 12-month period; ``(2) a biomaterials shortage prevents the continuation of the manufacturing for the 12-month period; ``(3) a liability problem may exist for the manufacturer if the manufacturing is continued for the 12-month period; ``(4) continuation of the manufacturing for the 12-month period may cause substantial economic hardship for the manufacturer; or ``(5) the manufacturer has filed for bankruptcy under chapter 7 or 11 of title 11, United States Code. ``(c) Distribution.--To the maximum extent practicable, the Secretary shall distribute information on the discontinuation of the manufacture of vaccines to appropriate physician and patient organizations.''. SEC. 4. CERTAIN AUTHORITIES REGARDING INFLUENZA AND OTHER VACCINES. (a) Authorities.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by redesignating section 317A as section 317A-1; and (2) by inserting after section 317 the following section: ``SEC. 317A. CERTAIN AUTHORITIES REGARDING INFLUENZA AND OTHER VACCINES. ``(a) Declaration.--The Secretary may declare a public health emergency if-- ``(1) there is a shortage of an approved vaccine for an infectious disease; and ``(2) there is a significant risk of a significant outbreak of such disease. ``(b) Requirement.--If the Secretary publishes in the Federal Register a declaration of a public health emergency under subsection (a), each person who is a manufacturer or distributor of such vaccine shall provide to the Secretary such information as the Secretary may require with respect to the location of supplies of the vaccine, including supplies in the possession of the person, supplies scheduled to be received by the person, and supplies sold by the person. Any such person who fails to comply with an order of the Secretary under the preceding sentence is liable to the United States for a civil penalty not exceeding $1,000 for each day for which the person is in violation of the order. ``(c) Availability to States.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall, at the request of a State, provide to the State information collected by the Secretary under subsection (b). ``(2) Restriction; confidentiality.--The Secretary may provide to a State information collected by the Secretary under subsection (b) only if the State agrees-- ``(A) to restrict its use of the information to facilitating access to vaccines; and ``(B) to otherwise keep such information confidential.''. (b) Study on Reallocation of Vaccine.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete a study and submit a report to the Congress on successful models and alternatives for tracking and facilitating, in consultation with State and local health officials, reallocation of vaccine at the local level in times of shortage or emergency.
Vaccine Shortage Preparedness Act of 2008 - Amends the Social Security Act to authorize the Secretary of Health and Human Services to sell to public health departments or back to the manufacturers such quantities of the six-month supply of pediatric vaccines acquired for unanticipated needs as the Secretary determines appropriate. Makes proceeds of such sales available only for purposes of procuring pediatric vaccine stockpiles. Amends the Federal Food, Drug, and Cosmetic Act to require: (1) a manufacturer of an approved vaccine to notify the Secretary 12 months prior to discontinuing manufacture of the vaccine, with exceptions; and (2) the Secretary, promptly after receiving such notice and after determining that a reduction applies, to inform the Director of the Centers for Disease Control and Prevention (CDC). Amends the Public Health Service Act to authorize the Secretary to declare a public health emergency if there is: (1) a shortage of an approved vaccine for an infectious disease; and (2) a significant risk of a significant outbreak of such disease. Requires: (1) each manufacturer or distributor of such vaccine to then provide the Secretary with the location of vaccine supplies; and (2) the Secretary, upon request, to provide such information to a state, provided the state agrees to restrict use of the information to facilitating access to vaccines and to otherwise keep such information confidential. Requires the Secretary to study successful models and alternatives for tracking and facilitating reallocation of vaccine at the local level in times of shortage or emergency.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Value and Quality Demonstration Act of 2002''. SEC. 2. FINDINGS. The Senate makes the following findings: (1) The United States Government should reward physicians, hospitals, and other health care providers that provide high- quality, cost-effective health care to beneficiaries under the medicare program. (2) The Journal of the American Medical Association has published quality indicators in an article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels''. (3) The cost of health care is-- (A) reflected in the type and volume of physicians' services and in physician ordering and prescribing behavior; and (B) reflected in the amount of the average payment to hospitals under the medicare program for each medicare beneficiary in each State. (4) Physician and hospital practice patterns contribute to the total cost and quality of care for each medicare beneficiary in each State. (5) The original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act does not include a mechanism to pay for interventions designed to improve quality of care. While the framework for payments to managed care organizations under the Medicare+Choice program under part C of such title allows for the reallocation of capitation revenues to cover such things as disease state management and quality improvement infrastructure, even the most optimistic projections for managed care enrollment leave the majority of medicare beneficiaries in the original medicare fee-for-service program. SEC. 3. DEMONSTRATION PROJECT TO ENCOURAGE THE PROVISION OF HIGH- QUALITY, COST-EFFECTIVE INPATIENT HOSPITAL SERVICES. (a) Purpose.--The purpose of the demonstration project conducted under this section is to encourage the provision of high-quality, cost- effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) by providing incentive payments to hospitals located in States in which high-quality and cost-effective services are being provided in order to finance further quality improvements. (b) Demonstration Project.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a demonstration project under which-- (A) the Secretary provides bonus payments to providers of inpatient hospital services that deliver high-quality health care at low costs in accordance with the methodology established by the Agency for Healthcare Research and Quality under paragraph (2); and (B) the Secretary funds a plan at each site to increase the number of providers of inpatient hospital services that provide high-quality, low-cost health care to beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Value and quality ranking methodology.-- (A) In general.--The Agency for Healthcare Research and Quality shall establish a value and quality ranking methodology under which the Secretary awards bonus payments to providers of inpatient hospital services located in those States that demonstrate that such providers in the State are providing high value because of the high-quality, cost-effective health care services being provided to medicare beneficiaries. (B) Basis.--The methodology established under subparagraph (A) shall be based on the rank and performance on medicare quality indicators contained in the article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels'' published in the October 4, 2000, issue of the Journal of the American Medical Association or such other quality indicators as the Secretary determines to be appropriate. (3) Sites.--The Secretary shall select 2 States in which to conduct the demonstration project-- (A) from among the top 25 States (as ranked using the methodology established under paragraph (2)) that are also among the group of 25 States with the lowest per capita cost to the medicare program under title XVIII of the Social Security Act during the most recent 12-month period for which data are available; and (B) based upon information contained in applications submitted to the Secretary by such States at such time, in such form and manner, and containing such information as the Secretary may require. (4) Duration of project.--The demonstration project shall be conducted over a 5-year period. (c) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on the demonstration project and a final report on the project within 6 months after the conclusion of the project together with recommendations for such legislative or administrative action as the Secretary determines appropriate. (d) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration project under this section. (e) Definitions.--In this section: (1) Provider of inpatient hospital services.--The term ``provider of inpatient hospital services'' means any individual or entity that receives payment under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for providing an inpatient hospital service (as defined in section 1861(b) of such Act (42 U.S.C. 1395x(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Funding.--There are appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) such sums as the Secretary determines are necessary to conduct the demonstration project under this section. SEC. 4. DEMONSTRATION PROJECT TO ENCOURAGE THE PROVISION OF HIGH- QUALITY, COST-EFFECTIVE PHYSICIANS' SERVICES. (a) Purpose.--The purpose of the demonstration project conducted under this section is to encourage the provision of high-quality, cost- effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) by providing incentive payments to physicians located in States in which high-quality and cost-effective services are being provided in order to finance further quality improvements. (b) Demonstration Project.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a demonstration project under which-- (A) the Secretary provides bonus payments to providers of physicians' services that deliver high- quality, cost-effective health care in accordance with the methodology established by the Agency for Healthcare Research and Quality under paragraph (2); and (B) the Secretary funds a plan in each State to increase the number of providers of physicians' services that provide high-quality, cost-effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Value and quality ranking methodology.-- (A) In general.--The Agency for Healthcare Research and Quality shall establish a value and quality ranking methodology under which the Secretary awards bonus payments to providers of physicians' services located in those States that demonstrate that such providers in the State are providing high value because of the high- quality, cost-effective health care services being provided to medicare beneficiaries. (B) Basis.--The methodology established under subparagraph (A) shall be based on the rank and performance on medicare quality indicators contained in the article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels'' published in the October 4, 2000, issue of the Journal of the American Medical Association or such other quality indicators as the Secretary determines to be appropriate. (3) Sites.--The Secretary shall select 2 States in which to conduct the demonstration project-- (A) from among the top 25 States (as ranked using the methodology established under paragraph (2)) that are also among the 25 States with the lowest per capita cost to the medicare program under title XVIII of the Social Security Act during the most recent 12-month period for which data are available; and (B) based upon information contained in applications submitted to the Secretary by such States at such time, in such form and manner, and containing such information as the Secretary may require. (4) Duration of project.--The demonstration project shall be conducted over a 5-year period. (c) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on the demonstration project and a final report on the project within 6 months after the conclusion of the project together with recommendations for such legislative or administrative action as the Secretary determines appropriate. (d) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration project under this section. (e) Definitions.--In this section: (1) Provider of physicians' services.--The term ``provider of physicians' services'' means any individual or entity that receives payment under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for providing physicians' services (as defined in section 1861(q) of such Act (42 U.S.C. 1395x(q))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Funding.--There are appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) such sums as the Secretary determines are necessary to conduct the demonstration project under this section.
Medicare Value and Quality Demonstration Act of 2002 - Directs the Secretary of Health and Human Services to establish demonstration projects under which the Secretary: (1) provides bonus payments to providers of inpatient hospital services and providers of physicians' services that deliver high-quality health care at low costs in accordance with a value and quality ranking methodology established by the Agency for Healthcare Research and Quality under this Act; and (2) funds a plan at each site to increase the number of such service providers that provide high-quality, low-cost health care to beneficiaries under the Medicare program under title XVIII of the Social Security Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Reversion Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to support the autonomous governance of Hong Kong and the future well-being of the Hong Kong people by ensuring the continuity of United States laws with respect to Hong Kong after its reversion to the People's Republic of China on July 1, 1997, and to outline circumstances under which the President of the United States could modify the application of United States laws with respect to Hong Kong if the People's Republic of China fails to honor its commitment to give the Special Administrative Region of Hong Kong a high degree of autonomy. SEC. 3. FINDINGS. The Congress makes the following findings: (1) The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984, is a binding international agreement which sets forth the commitments made by both governments on the reversion of Hong Kong to the People's Republic of China on July 1, 1997. (2) The People's Republic of China in the Joint Declaration pledges, among other things, that ``the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs. . .,'' that basic human rights and freedoms ``will be ensured by law. . .,'' and that ``[t]he legislature of the Hong Kong Special Administrative Region shall be constituted by elections.''. (3) Senior government officials of the People's Republic of China have repeatedly assured a smooth transfer of Hong Kong to Chinese sovereignty, a successful implementation of the ``one country, two systems'' policy, long-term prosperity for Hong Kong, and continued respect for the basic rights of the Hong Kong people. (4) Despite general assertions guaranteeing the autonomous governance of Hong Kong, several official acts and statements by senior officials of the Government of the People's Republic of China reflect an attempt to infringe upon the current and future levels of autonomy in Hong Kong. These acts or statements include, but are not limited to-- (A) initial proposals, which were later withdrawn, by officials of the Government of the People's Republic of China to obtain confidential files on civil servants of the Hong Kong Government or require such civil servants to take ``loyalty oaths''; (B) the decision of the Government of the People's Republic of China to dissolve the democratically elected Legislative Council on July 1, 1997, and the appointment of a provisional legislature in December of 1996; (C) the delineation by officials concerning the types of speech and association which will be permitted by the Government of the People's Republic of China after the reversion; (D) initial warnings, which were later withdrawn, to religious institutions not to hold certain gatherings after the reversion; and (E) the decision on February 23, 1997, of the Standing Committee of the National People's Congress of the People's Republic of China to repeal or amend certain Hong Kong ordinances, including the Bill of Rights Ordinance, the Societies Ordinance of 1992 (relating to freedom of association), and the Public Order Ordinance of 1995 (relating to freedom of assembly). (5) The reversion of Hong Kong to the People's Republic of China has important implications for both United States national interests and the interests of the Hong Kong people. The United States Government has a responsibility to ensure that United States interests are protected during and after this transition, and it has a profound interest in ensuring that basic and fundamental human rights of the Hong Kong people are also protected. (6) The United States-Hong Kong Policy Act of 1992 sets forth United States policy concerning Hong Kong's reversion to the People's Republic of China on July 1, 1997, and Hong Kong's special status as a Special Administrative Region of that country. It ensures the continuity of United States laws regarding Hong Kong while establishing a mechanism in section 202 of that Act whereby the President can modify the application of United States laws with respect to Hong Kong if the President ``determines that Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China''. (7) One of the principal purposes of the Congress in enacting the United States Hong Kong Policy Act of 1992 was to maintain Hong Kong's autonomy by ensuring that the United States will continue to treat Hong Kong as a distinct legal entity, separate and apart from the People's Republic of China, for all purposes, in those areas in which the People's Republic of China has agreed that Hong Kong will continue to enjoy a high degree of autonomy, unless the President makes a determination under section 202 of that Act. (8) Although the United States Government can have an impact on ensuring the future autonomy of the Hong Kong Government and in protecting the well-being of the Hong Kong people, ultimately the future of Hong Kong will be determined by the willingness of the Government of the People's Republic of China to maintain the freedoms now enjoyed by the people of Hong Kong and to rely on the people of Hong Kong to govern themselves. SEC. 4. CONGRESSIONAL DECLARATIONS. The Congress makes the following declarations: (1) Recognizing that the United States Government and the Hong Kong Government have long enjoyed a close and beneficial working relationship, for example between the United States Customs Service, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, the Secret Service, and their corresponding agencies of the Hong Kong Government, the United States urges the two governments to continue their effective cooperation. (2) Recognizing that the preservation of Hong Kong's autonomous customs territory has important security and commercial implications for the United States and the people of Hong Kong, the United States calls upon the People's Republic of China to fully respect the autonomy of the Hong Kong customs territory. (3) Recognizing that Hong Kong has historically been an important port of call for United States naval vessels, the United States urges the Government of the People's Republic of China to consider in a timely and routine manner United States requests for port calls at Hong Kong. (4) Recognizing that Hong Kong enjoys a robust and professional free press with important guarantees on the freedom of information, the United States declares that a free press and access to information are fundamentally important to the economic and commercial success of Hong Kong and calls upon the Government of the People's Republic of China to fully respect these essential rights of the Hong Kong people. (5) Recognizing that the first fully democratic elections of a legislature in Hong Kong took place in 1995, following nearly 150 years of colonial rule, the United States recognizes that the Joint Declaration of 1984 requires that the Special Administrative Region legislature ``shall be constituted by elections'', declares that the failure to have an elected legislature would be a violation of the Joint Declaration of 1984, and calls upon the Government of the People's Republic of China to honor its treaty obligations. (6) Recognizing that the United Kingdom belatedly reformed Hong Kong laws with respect to the civil rights of the Hong Kong people, the Hong Kong people have nevertheless long enjoyed essential rights and freedoms as enumerated in the Universal Declaration of Human Rights; therefore, the United States declares that the decision of the National People's Congress to repeal or amend certain ordinances is a serious threat to the Hong Kong people's continued enjoyment of their freedom of association, speech, and other essential human rights, unless those rights are reestablished no later than July 1, 1997, and calls upon the National People's Congress to reconsider its decision. (7) Recognizing that under the terms of the Joint Declaration of 1984 the provisions of the International Covenant on Civil and Political Rights will continue to apply in Hong Kong, the United States welcomes the public statement by the Chief Executive-designate of Hong Kong that the legislation which will replace repealed or amended sections of the Societies Ordinance and Public Order Ordinance will be the subject of public consultation, and urges that the new legislation should reflect both the clearly expressed wishes of the people of Hong Kong and the provisions of the International Covenant on Civil and Political Rights. (8) Recognizing that Hong Kong currently maintains an efficient capitalist economy and trade system by strictly adhering to the rule of law, by honoring the sanctity of contract, and by operating without corruption and with minimum and transparent regulation, the United States calls upon the Government of the People's Republic of China to fully respect the autonomy and independence of the chief executive, the civil service, the judiciary, the police of Hong Kong, and the Independent Commission Against Corruption. SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL REPORTING REQUIREMENTS. (a) In General.--In determining whether ``Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China,'' as required by section 202(a) of the United States-Hong Kong Policy Act of 1992, the President of the United States, based upon the assessments made pursuant to subsection (b) of this section, as well as other information included in the reports submitted under section 301 of the United States-Hong Kong Policy Act of 1992, shall consider the performance of the Hong Kong Government and the actions of the Government of the People's Republic of China. (b) Requirements for Reports to Congress.--The Secretary of State shall include, in each report required by section 301 of the United States-Hong Kong Policy Act of 1992, the following: (1) Successful and timely conclusion of agreements and treaties.--An assessment by the Secretary of State of whether the Hong Kong Government or the People's Republic of China, or both, as the case may be, have cooperated with the United States Government in securing the following agreements or treaties: (A) A bilateral investment treaty. (B) An extradition treaty. (C) An agreement on consular access in Hong Kong for United States citizens comparable to that provided for in the consular convention between the United States and the People's Republic of China. (D) An agreement to preserve the United States consulate, with privileges and immunities for United States personnel. (E) A mutual legal assistance agreement. (F) A prison transfer agreement. (G) A civil aviation agreement. (2) Continued cooperation from the agencies of the hong kong government.--An assessment by the Secretary of State of whether agencies of the Hong Kong Government continue to cooperate with United States Government agencies. The Secretary of State shall cite in the report any evidence of diminished cooperation in the areas of customs enforcement, drug interdiction, and prosecution and prevention of money laundering, counterfeiting, credit card fraud, and organized crime. (3) Preservation of good governance and rule of law in hong kong.--An assessment by the Secretary of State of whether the Hong Kong Government remains autonomous and relatively free of corruption and whether the rule of law is respected in Hong Kong. The Secretary of State shall cite in the report any-- (A) efforts to annul or curtail the application of the Bill of Rights of Hong Kong; (B) efforts to prosecute for violations of, or broaden the application of, laws against treason, secession, sedition, and subversion; (C) acts or threats against nonviolent civil disobedience; (D) interference in the autonomy of the chief executive, the civil service, the judiciary, or the police; (E) increased corruption in the Hong Kong Government; and (F) efforts to suppress freedom of the press or restrict the free flow of information. (4) Preservation of the autonomy of the customs territory of hong kong.--An assessment by the Secretary of State of whether the customs territory of Hong Kong is administered in an autonomous manner. The Secretary of State shall cite in the report any-- (A) failure to respect United States textile laws and quotas; (B) failure to enforce United States export control laws or export license requirements; (C) unauthorized diversions from Hong Kong of high technology exports from the United States to Hong Kong; (D) unprecedented diversion of Chinese exports through Hong Kong in order to attain preferential treatment in United States markets; and (E) misuse of the customs territory of Hong Kong to implement the foreign policy or trade goals of the Government of the People's Republic of China. SEC. 6. EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES TO HONG KONG ECONOMIC AND TRADE OFFICES. (a) Application of International Organizations Immunities Act.--The provisions of the International Organizations Immunities Act (22 U.S.C. 288 et seq.) may be extended to the Hong Kong Economic and Trade Offices in the same manner, to the same extent, and subject to the same conditions as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation. (b) Application of International Agreement on Certain State and Local Taxation.--The President is authorized to apply the provisions of Article I of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations, done at Washington, D.C. on April 21, 1994, to the Hong Kong Economic and Trade Offices. (c) Definition.--The term ``Hong Kong Economic and Trade Offices'' refers to Hong Kong's official economic and trade missions in the United States. Passed the House of Representatives March 11, 1997. Attest: ROBIN H. CARLE, Clerk.
Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992. Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (2) the autonomy of Hong Kong and its customs territory (including any unprecedented diversion of Chinese exports through Hong Kong in order to attain preferential treatment in U.S. markets). Authorizes extension of the International Organizations Immunities Act to the Hong Kong Economic and Trade Offices (Hong Kong's official economic and trade missions in the United States) in the same manner as such Act may be extended to a public international organization in which the United States participates pursuant to any treaty or Act of the Congress. Authorizes the President to apply to such Offices certain provisions of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Measures of Household Economic Security Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal and State governments, policymakers, legislators, and private sector entities depend on the economic statistics that are published by the Federal Government; (2) Federal economic statistics are used, among other things-- (A) to judge our Nation's economic performance over time; and (B) to provide policymakers and legislators with the information necessary to design appropriate economic policies and other programs to address the well-being of American individuals and households; (3) questions have been raised about the sufficiency of existing reported economic measures and statistics to provide a meaningful and accurate reflection and assessment of the economic well-being of American individuals and households; (4) the most commonly reported economic statistics, such as gross domestic product, unemployment rate, and consumer price indices, do not adequately or accurately reflect the economic status of average American individuals and households; and (5) a more accurate, transparent, coherent, and comprehensive assessment of the economic well-being of American households and regular reporting of such information would allow Federal and State governments-- (A) to better track and judge the economic status of average Americans; and (B) to develop better, more accurate, and more responsive policies to address concerns that are more directly relevant to American households. SEC. 3. ESTABLISHMENT OF COMMISSION ON MEASURES OF HOUSEHOLD ECONOMIC SECURITY. (a) Establishment.--There is established the Commission on Measures of Household Economic Security (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 8 members of whom-- (A) 2 shall be appointed by the majority leader of the Senate, in consultation with the chairmen and ranking members of the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Joint Economic Committee, of whom 1 shall be an employee of the Bureau of Economic Analysis; (B) 2 shall be appointed by the minority leader of the Senate, in consultation with the chairmen and ranking members of the committees referred to in subparagraph (A), of whom 1 shall be an employee of the Census Bureau; (C) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the chairmen and ranking members of the Committee on Financial Services of the House of Representatives; the Committee on Ways and Means of the House of Representatives; and the Joint Economic Committee, of whom 1 shall be an employee of the Bureau of Labor Statistics; and (D) 2 shall be appointed by the minority leader of the House of Representatives, in consultation with the chairmen and ranking members of the committees referred to in subparagraph (C), of whom 1 shall be an employee of the Federal Reserve. (2) Qualifications.--Members of the Commission shall be-- (A) appointed on a nonpartisan basis; and (B) academic or government policy experts in the field of economics, statistics, or other specialty field that is directly related to the duties of the Commission described in section 4(a). (3) Date.--The members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (e) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Regular meetings.--During the life of the Commission, the Commission shall meet-- (A) at the call of the Chairman; and (B) not less frequently than once every 3 months. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission, but a lesser number of members may hold hearings. (g) Rules.--The Commission may establish by majority vote any other rules for the conduct of the Commission's business, in accordance with the provisions of this Act and other applicable law. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall identify, study, and evaluate-- (1) existing economic statistics and data collected and reported by agencies of the Federal Government that describe the economic well-being of American households; (2) ways to synthesize, expand, augment, improve, and modernize the statistical measures described in paragraph (1) to provide a more accurate, transparent, coherent, and comprehensive assessment of the economic well-being of American households by-- (A) determining the cost, logistics, implementation time, and reliability of producing new statistics; (B) recommending improved standards and methodologies for measuring and reflecting the economic well-being of American individuals and households; and (C) considering the development of statistical measures to describe-- (i) the current debt situation of American individuals and households, including a description of the categories of debt, such as credit card debt, education related loans, and mortgage payments; (ii) the movement of Americans between salaried jobs with benefits to single or multiple wage jobs with limited or no benefits, including a comparison of income that includes the value of benefits programs, such as health insurance and retirement plans; (iii) the percentage of Americans who are covered by both employer-provided and individual health care plans and the extent of health care coverage per dollar paid by both employers and employees; (iv) the savings rate, including both standard savings plans and pension plans; (v) the disparity in income distribution over time and between different demographic and geographic groups; (vi) the number of Americans receiving cash or near cash transfer payments from the Federal Government and a State government and the percentage of household income represented by such benefits; and (vii) the breakdown of household expenditures between categories such as food, shelter, medical expenses, debt servicing, and energy; (D) the relevance, development, and implementation of nonmarket satellite accounts, including accounts related to-- (i) household production; (ii) investments in formal education and the resulting stock of skill capital; (iii) investments in health and the resulting stock of health capital; (iv) activities of the non-profit and volunteer sectors; and (v) environmental assets and services. (b) Consultation.--In conducting the study under this section, the Commission shall consult with relevant government leaders, representative citizen groups, and experts, including-- (1) the Chairman of the Federal Reserve Board of Governors; (2) the Secretary of Commerce; (3) the Secretary of Labor; (4) the Secretary of the Treasury; (5) the Chairman of the Council of Economic Advisers; (6) the Comptroller General of the United States; (7) the Administrator of the Environmental Protection Agency; (8) the Secretary of Health and Human Services; (9) the Director of the Bureau of Economic Analysis; (10) the Commissioner of the Bureau of Labor Statistics; (11) the Committee on National Statistics, National Research Council at the National Academies; and (12) representative groups of citizens, from sample populations selected through methodologies and procedures recommended by appropriate experts, that represent national geographic, economic, and employment diversity. (c) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to Congress that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) recommendations for such legislation and administrative actions as the Commission considers appropriate, including-- (A) a list of economic statistics that should be reported regularly to more accurately reflect the economic status and well-being of American households, and the uses and benefits of such statistics; (B) the costs, logistics, estimated implementation time, and reliability of producing the statistics referred to in subparagraph (A); and (C) the need for, and benefits of, establishing a standing commission after the termination of the Commission to address or recommend actions with respect to-- (i) household economic information; (ii) non-market satellite accounts; and (iii) other economic indicators and measurements that are the subject of study and evaluation by the Commission. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure such information directly from any Federal department or agency as the Commission determines to be necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (2) Confidentiality.--The Commission shall maintain the same level of confidentiality for such information made available under this subsection as is required of the head of the department or agency from which the information was obtained. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Contract Authority.-- (1) In general.--Subject to the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the Commission may enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (2) Duration.--A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Except as provided under paragraph (2), each member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate equal to the daily equivalent of the maximum annual rate of basic pay for level IV of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Federal employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of such title. (B) Members of board.--Subparagraph (A) may not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Volunteer Services.-- (1) In general.--Notwithstanding section 1342 of title 31, United States Code, the Commission may-- (A) accept and utilize the services of volunteers serving without compensation; and (B) reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (2) Status.--A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of-- (A) chapter 81 of title 5, United States Code (relating to compensation for work related injuries); (B) chapter 11 of title 18, United States Code (relating to conflicts of interest); and (C) chapter 171 of title 28, United States Code (relating to tort claims). (g) Administrative Support.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 4(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Of the amounts made available for the Bureau of Labor Statistics for fiscal year 2009, not less than $2,500,000 shall be made available for the activities of the Commission under this Act. (b) Availability.--The amounts made available for the activities of the Commission under subsection (a) shall remain available until the date on which the Commission is terminated pursuant to section 7.
Commission on Measures of Household Economic Security Act of 2008 - Establishes a Commission on Measures of Household Economic Security to study and report to Congress on: (1) existing economic statistics and data collected and reported by federal agencies about the economic well-being of American households; and (2) ways to improve and modernize these statistical measures to provide a more accurate, transparent, coherent, and comprehensive assessment of that economic well-being.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Access to Tibet Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The Government of the People's Republic of China does not grant United States diplomats and other officials, journalists, and other citizens access to China on a basis that is reciprocal to the access that the Government of the United States grants Chinese diplomats and other officials, journalists, and citizens. (2) The Government of China imposes greater restrictions on travel to Tibetan areas than to other areas of China. (3) Officials of China have stated that Tibet is open to foreign visitors. (4) The Government of China is promoting tourism in Tibetan areas, and at the Sixth Tibet Work Forum in August 2015, Premier Li Keqiang called for Tibet to build ``major world tourism destinations''. (5) The Government of China requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in China. (6) The Department of State reports that-- (A) officials of the Government of the United States submitted 39 requests for diplomatic access to the Tibet Autonomous Region between May 2011 and July 2015, but only four were granted; and (B) when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. (7) The Government of China delayed United States consular access for more than 48 hours after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which three citizens of the United States died and more than a dozen others, all from Walnut, California, were injured, undermining the ability of the Government of the United States to provide consular services to the victims and their families, and failing to meet China's obligations under the Convention on Consular Relations, done at Vienna April 24, 1963 (21 UST 77). (8) Following a 2015 earthquake that trapped dozens of citizens of the United States in the Tibet Autonomous Region, the United States Consulate General in Chengdu faced significant challenges in providing emergency consular assistance due to a lack of consular access. (9) The Country Reports on Human Rights Practices for 2015 of the Department of State stated ``With the exception of a few highly controlled trips, the Chinese government also denied multiple requests by foreign diplomats for permission to visit the TAR.''. (10) Tibetan-Americans, attempting to visit their homeland, report having to undergo a discriminatory visa application process, different from what is typically required, at the Chinese embassy and consulates in the United States, and often find their requests to travel denied. (11) The Country Reports on Human Rights Practices for 2016 of the Department of State stated ``The few visits to the TAR by diplomats and journalists that were allowed were tightly controlled by local authorities.''. (12) A September 2016 article in the Washington Post reported that ``The Tibet Autonomous Region . . . is harder to visit as a journalist than North Korea.''. (13) The Government of China has failed to respond positively to requests from the Government of the United States to open a consulate in Lhasa, Tibet Autonomous Region. (14) The Foreign Correspondents Club of China reports that-- (A) 2008 rules prevent foreign reporters from visiting the Tibet Autonomous Region without prior permission from the Government of such Region; (B) such permission has only rarely been granted; and (C) although the 2008 rules allow journalists to travel freely in other parts of China, Tibetan areas outside such Region remain ``effectively off-limits to foreign reporters''. (15) The Department of State reports that in addition to having to obtain permission to enter the Tibet Autonomous Region, foreign tourists-- (A) must be accompanied at all times by a government- designated tour guide; (B) are rarely granted permission to enter the region by road; (C) are largely barred from visiting around the March anniversary of a 1959 Tibetan uprising; and (D) are banned from visiting the area where Larung Gar, the world's largest center for the study of Tibetan Buddhism, and the site of a large-scale campaign to expel students and demolish living quarters, is located. (16) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. (17) The Government of the United States generally allows journalists and other citizens of China to travel freely within the United States. The Government of the United States requires diplomats from China to notify the Department of State of their travel plans, and in certain situations, the Government of the United States requires such diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (18) The United States regularly grants visas to Chinese diplomats and other officials, scholars, and others who travel to the United States to discuss, promote, and display the perspective of the Government of China on the situation in Tibetan areas, even as the Government of China restricts the ability of citizens of the United States to travel to Tibetan areas to gain their own perspective. (19) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (20) The Government of China characterizes statements made by officials of the United States about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) Tibetan areas.--The term ``Tibetan areas'' includes-- (A) the Tibet Autonomous Region; and (B) the areas that the Chinese Government designates as Tibetan Autonomous, as follows: (i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province. (ii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous Prefecture, located in Qinghai Province. (iii) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province. (iv) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province. SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following five years, the Secretary of State shall submit to the appropriate congressional committees, and make available to the public on the website of the Department of State, a report that includes an assessment of the level of access Chinese authorities granted diplomats and other officials, journalists, and tourists from the United States to Tibetan areas, including-- (1) a comparison with the level of access granted to other areas of China; (2) a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces; (3) a comparison of the level of access in the reporting year and the previous reporting year; and (4) a description of the required permits and other measures that impede the freedom to travel in Tibetan areas. (b) Consolidation.--After the issuance of the first report required by subsection (a), the Secretary of State is authorized to incorporate subsequent reports required by subsection (a) into other publicly available, annual reports produced by the Department of State, provided they are submitted to the appropriate congressional committees in a manner specifying that they are being submitted in fulfillment of the requirements of this Act. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--No individual whom the Secretary of State has determined to be substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may be eligible to receive a visa to enter the United States or be admitted to the United States if the Secretary of State determines that-- (1)(A) the requirement for specific official permission for foreigners to enter the Tibetan Autonomous Region remains in effect; or (B) such requirement has been replaced by a regulation that has a similar effect and requires foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other provinces in China; and (2) restrictions on travel by diplomats and other officials, journalists, and citizens of the United States to areas designated as ``Tibetan Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of China are greater than any restrictions on travel by such officials and citizens to areas in such provinces that are not so designated. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation to enter or be present in the United States issued for an alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Report to Congress.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the following five years, the Secretary of State shall provide to the appropriate congressional committees a report identifying the individuals who have had visas denied or revoked pursuant to this section during the preceding year and, to the extent practicable, a list of Chinese officials who were substantially involved in the formulation or execution of policies to restrict access of United States diplomats and other officials, journalists, and citizens of the United States to Tibetan areas. The report required by this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Waiver for National Interest.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver-- (A) is necessary to permit the United States to comply with the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676), or any other applicable international obligation of the United States; or (B) is in the national interest of the United States. (2) Notification.--Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to paragraph (1)(B), how such waiver relates to the national interest of the United States. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of State, when granting diplomats and other officials from China access to parts of the United States, including consular access, should take into account the extent to which the Government of China grants diplomats and other officials from the United States access to parts of China, including the level of access afforded to such diplomats and other officials to Tibetan areas. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Reciprocal Access to Tibet Act of 2018 (Sec. 4) This bill requires the Department of State to report to Congress annually regarding the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China. Such assessment shall include: a comparison with the level of access granted to other areas of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, a comparison of the level of access in the reporting year and the previous year, and a description of the measures that impede the freedom to travel in Tibetan areas. (Sec. 5) No individual who is substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may enter the United States if: the requirement that foreigners must receive official permission to enter the Tibet Autonomous Region remains in effect, or has been replaced by a similar regulation that also requires foreigners to gain a level of permission to enter the Tibet Autonomous Region that is not required for other provinces; and travel restrictions on U.S. diplomats, officials, journalists, and citizens to Tibet Autonomous areas in Sichuan, Qinghai, Yunnan, and Gansu Provinces are greater than travel restrictions to other areas. The State Department shall report to Congress annually, identifying individuals who were blocked from U.S. entry during the preceding year and a list of Chinese officials who were substantially involved in the formulation or execution of policies to restrict the access of U.S. diplomats, journalists, and citizens to Tibetan areas.
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SECTION 1. INCREASE IN CONTRIBUTION LIMITS FOR HEALTH SAVINGS ACCOUNTS. (a) Increase in Monthly Limit.-- (1) In general.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended to read as follows: ``(2) Monthly limitation.-- ``(A) In general.--In the case of an eligible individual who has coverage under a high deductible health plan, the monthly limitation for any month of such coverage is \1/12 \of the lesser of-- ``(i) the sum of the annual deductible and the other annual out-of-pocket expenses (other than for premiums) required to be paid under the plan by the eligible individual for covered benefits, or ``(ii) in the case of an eligible individual with-- ``(I) self-only coverage, the dollar amount in effect under subclause (I) of subsection (c)(2)(A)(ii), or ``(II) family coverage, the dollar amount in effect under subclause (II) of subsection (c)(2)(A)(ii). ``(B) Special rules relating to out-of-pocket expenses.-- ``(i) Reduction for separate plan.--The annual out-of-pocket expenses taken into account under subparagraph (A)(i) with respect to any eligible individual shall be reduced by any out-of-pocket expense payable under a separate plan covering the individual. ``(ii) Secretarial authority.--The Secretary may by regulations provide that annual out-of-pocket expenses will not be taken into account under subparagraph (A)(i) to the extent that there is only a remote likelihood that such amounts will be required to be paid.'' (2) Conforming amendments.-- (A) Section 223(b)(3)(A) of such Code is amended by striking ``subparagraphs (A) and (B) of''. (B) Section 223(d)(1)(A)(ii)(I) of such Code is amended by striking ``subsection (b)(2)(B)(ii)'' and inserting ``subsection (c)(2)(A)(ii)(II)''. (C) Section 223(c)(2)(D)(ii) of such Code is amended to read as follows: ``(ii) Certain items disregarded in computing monthly limitation.--Such plan's annual deductible, and such plan's annual out- of-pocket limitation, for services provided outside of such network shall not be taken into account for purposes of subsection (b)(2).''. (b) Application of Special Rules for Married Individuals.-- Paragraph (5) of section 223(b) of the Internal Revenue Code of 1986 (relating to special rule for married individuals) is amended to read as follows: ``(5) Special rules for married individuals.-- ``(A) In general.--In the case of individuals who are married to each other and who are both eligible individuals, the limitation under paragraph (1) for each spouse shall be equal to the spouse's applicable share of the combined marital limit. ``(B) Combined marital limit.--For purposes of subparagraph (A), the combined marital limit is the excess (if any) of-- ``(i) the lesser of-- ``(I) subject to subparagraph (C), the sum of the limitations computed separately under paragraph (1) for each spouse (including any additional contribution amount under paragraph (3)), or ``(II) the dollar amount in effect under subsection (c)(2)(A)(ii)(II), over ``(ii) the aggregate amount paid to Archer MSAs of such spouses for the taxable year. ``(C) Special rule where both spouses have family coverage under same plan.--For purposes of subparagraph (B)(i)(I), if either spouse has family coverage which covers both spouses, both spouses shall be treated as having only such coverage (and if both spouses each have such coverage under different plans, shall be treated as having only family coverage with the plan with respect to which the lowest amount is determined under paragraph (2)(A)(i)). ``(D) Applicable share.--For purposes of subparagraph (A), a spouse's applicable share is one- half of the combined marital limit unless both spouses agree on a different division. ``(E) Couples not married entire year.--The Secretary shall prescribe rules for the application of this paragraph in the case of any taxable year for which the individuals were not married to each other during all months included in the taxable year, including rules which allow individuals in appropriate cases to take into account coverage prior to marriage in computing the combined marital limit for purposes of this paragraph.''. (c) Self-Only Coverage.--Section 223(c)(4) of the Internal Revenue Code of 1986 (defining family coverage) is amended to read as follows: ``(4) Coverage.-- ``(A) Family coverage.--The term `family coverage' means any coverage other than self-only coverage. ``(B) Self-only coverage.--If more than 1 individual is covered by a high deductible health plan but only 1 of the individuals is an eligible individual, the coverage shall be treated as self-only coverage.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.
Amends the Internal Revenue Code to allow participants in high deductible health care insurance plans an increased tax deduction for contributions to a health savings account.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family and Medical Leave Act''. SEC. 2. MILITARY FAMILY AND MEDICAL LEAVE. (a) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Active duty.--The term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. ``(15) Covered servicemember.--The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or medical holdover status, for a serious injury or illness. ``(16) Medical hold or medical holdover status.--The term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. ``(17) Serious injury or illness.--The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (b) Military Family and Medical Leave.-- (1) Entitlement to leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Military family and medical leave.--Subject to section 103, an eligible employee shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for a covered servicemember who is the spouse, son, daughter, or parent of the employee. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) Combined leave total.--During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (2) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``section 103(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 103''; and (ii) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (B) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (3) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (A) in paragraph (1)-- (i) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (ii) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (B) in paragraph (2)-- (i) in subparagraph (A), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''; and (ii) in subparagraph (B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (4) Notice.--Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (5) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A); (B) by striking ``In any'' and inserting the following: ``(1) In general.--In any''; and (C) by adding at the end the following: ``(2) Military family and medical leave.-- ``(A) In general.--The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is-- ``(i) leave under subsection (a)(3); or ``(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1). ``(B) Both limitations applicable.--If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).''. (c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Military Family and Medical Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (d) Failure To Return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (1) in paragraph (2)(B)(i), by inserting ``or under section 102(a)(3)'' before the semicolon; and (2) in paragraph (3)(A)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (e) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (f) Instructional Employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or under section 102(a)(3)'' after ``section 102(a)(1)''.
Military Family and Medical Leave Act - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to up to 26 workweeks of leave during a 12-month period to care for a covered service member who is the employee's spouse, son, daughter, or parent. Defines covered service member as a member of the U.S. Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or medical holdover status, for a serious injury or illness. Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period. Provides for the substitution of accrued paid vacation, personal, or family leave for any part of the 26-week period. Limits a husband and wife both working for the same employer to such 26 weeks altogether during a single 12-month period.
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SECTION 1. PAY AND ALLOWANCES OF MEMBERS SENTENCED BY A COURT-MARTIAL TO CONFINEMENT AND PUNITIVE DISCHARGE OR DIS- MISSAL. (a) Termination of Entitlement.--(1) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end of subchapter VIII the following new section: ``Sec. 858b. Art. 58b. Sentences to confinement and punitive discharge or dismissal: termination of pay and allowances ``(a) Termination of Entitlement.--A member of the armed forces sentenced by a court-martial to confinement and to a punishment named in subsection (c) is not entitled to pay and allowances for any period after the sentence is adjudged by the court-martial. ``(b) Restoration of Entitlement.--If, in the case of a member sentenced as described in subsection (a), none of the punishments named in subsection (c) are included in the sentence as finally approved, or the sentence to such a punishment is set aside or disapproved, then, effective upon such final approval or upon the setting aside or disapproval of such punishment, as the case may be, the termination of entitlement of the member to pay and allowances under subsection (a) by reason of the sentence adjudged in such case ceases to apply to the member and the member is entitled to the pay and allowances that, under subsection (a), were not paid to the member by reason of that termination of entitlement. ``(c) Covered Punishments.--The punishments referred to in subsections (a) and (b) are as follows: ``(A) Dishonorable discharge. ``(B) Bad-conduct discharge. ``(C) Dismissal.''. (2) The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by inserting after the item relating to section 858a (article 58a) the following: ``858b. 58b. Sentences to confinement and punitive discharge or dismissal: termination of pay and allowances.''. (b) Conforming Amendments.--(1) Section 857 of title 10, United States Code (article 57 of the Uniform Code of Military Justice), is amended by striking out ``(a) No'' and inserting in lieu thereof ``(a) Except as provided in section 858b of this title (article 58b), no''. (2)(A) Section 804 of title 37, United States Code, is repealed. (B) The table of sections at the beginning of chapter 15 of such title is amended by striking out the item relating to section 804. SEC. 2. TRANSITIONAL COMPENSATION FOR SPOUSES, DEPENDENT CHILDREN, AND FORMER SPOUSES OF MEMBERS SENTENCED TO CONFINEMENT AND PUNITIVE DISCHARGE OR DISMISSAL. (a) Authority To Pay Compensation.--Chapter 53 of title 10, United States Code, is amended by inserting after section 1059 the following new section: ``Sec. 1059a. Members sentenced to confinement and punitive discharge or dismissal: transitional compensation for spouses, dependent children, and former spouses ``(a) Authority To Pay Compensation.--The Secretary of the executive department concerned may establish a program to pay transitional compensation in accordance with this section to any spouse, dependent child, or former spouse of a member of the armed forces during any period in which the member's entitlement to pay and allowances is terminated under section 858b of this title (article 58b of the Uniform Code of Military Justice). ``(b) Need Required.--(1) A person may be paid transitional compensation under this section only if the person demonstrates a need to receive such compensation, as determined under regulations prescribed pursuant to subsection (f). ``(2) Section 1059(g)(1) of this title shall apply to eligibility for transitional compensation under this section. ``(c) Amount of Compensation.--(1) The amount of the transitional compensation payable to a person under a program established pursuant to this section shall be determined under regulations prescribed pursuant to subsection (f). ``(2) The total amount of the transitional compensation paid under this section in the case of a member may not exceed the total amount of the pay and allowances which, except for section 858b of this title (article 58b of the Uniform Code of Military Justice), such member would be entitled to receive during the one-year period beginning on the date of the termination of such member's entitlement to pay and allowances under such section. ``(d) Recipients of Payments.--Transitional compensation payable to a person under this section shall be paid directly to that person or to the legal guardian of the person, if any. ``(e) Coordination of Benefits.--Transitional compensation in the case of a member of the armed forces may not be paid under this section to a person who is entitled to transitional compensation under section 1059 or 1408(h) of this title by reason of being a spouse, dependent child, or former spouse of such member. ``(f) Emergency Transitional Assistance.--Under a program established pursuant to this section, the Secretary of the executive department concerned may pay emergency transitional assistance to a person referred to in subsection (a) for not more than 45 days while the person's application for transitional assistance under the program is pending approval. Subsections (b) and (d) do not apply to payment of emergency transitional assistance. ``(g) Regulations.--The Secretary of the executive department concerned shall prescribe regulations for carrying out any program established by the Secretary under this section. ``(h) Definitions.--In this section: ``(1) The term `Secretary of the executive department concerned' means-- ``(A) the Secretary of Defense, with respect to the armed forces, other than the Coast Guard when it is not operating as a service in the Navy; and ``(B) the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy. ``(2) The term `dependent child' has the meaning given that term in section 1059(l) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1059 the following: ``1059a. Members sentenced to confinement and punitive discharge or dismissal: transitional compensation for spouses, dependent children, and former spouses.''. SEC. 3. EFFECTIVE DATE AND APPLICABILITY. (a) Prospective Applicability.--Subject to subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to pay and allowances for periods after such date. (b) Savings Provision.--(1) If it is held unconstitutional to apply section 858b of title 10, United States Code (article 58b of the Uniform Code of Military Justice), as added by section 1(a), with respect to an act punishable under the Uniform Code of Military Justice that was committed before the date of the enactment of this Act, then-- (A) with respect to acts punishable under the Uniform Code of Military Justice that were committed before that date, the amendments made by this Act shall be deemed not to have been made; and (B) the amendments made by this Act shall apply with respect to acts punishable under the Uniform Code of Military Justice that are committed on or after the date of the enactment of this Act. (2) For purposes of paragraph (1), the term ``Uniform Code of Military Justice'' means the provisions of chapter 47 of title 10, United States Code.
Amends the Uniform Code of Military Justice to deny a member of the armed forces sentenced by a court-martial to confinement and a dishonorable or bad conduct discharge or dismissal entitlement to military pay and allowances for any period after such sentence. Restores such entitlement if the sentence is disapproved or set aside. Authorizes the Secretary of the executive department concerned to pay transitional compensation to any spouse, dependent child, or former spouse of a member during any period in which the member's entitlement to pay and allowances is terminated under this Act. Allows such Secretary to pay emergency transitional assistance to a person for up to 45 days while the person's application for transitional compensation is pending approval.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The stability and security of Taiwan and the balance of power in the Taiwan Strait are key elements for the continued peace and stability of the greater Asia-Pacific region, and the indefinite continuation of such stability and security and balance of power is in the vital national security interest of the United States. (2) The People's Republic of China is currently engaged in a comprehensive military modernization campaign that is enhancing the power-projection capabilities of the People's Liberation Army, including the introduction of advanced ballistic and cruise missiles that could alter the current balance of power in the Taiwan Strait and in the greater Asia- Pacific region. (3) The current lack of transparency in the People's Republic of China military infrastructure and its associated defense establishment and the opaqueness of the comprehensive efforts of the People's Liberation Army to modernize its ballistic and cruise missile programs could spark a regional arms race that would destabilize the East Asia and Western Pacific regions and threaten vital United States national security interests. (4) In March 1996, the People's Liberation Army created a temporary, but de facto, blockade of both the international shipping lanes of the Taiwan Strait and the international airspace around Taiwan by conducting live-fire military exercises which included the launch of several advanced, nuclear-capable M-9 ballistic missiles to target areas close to major ports in both the northern and southern areas of Taiwan. (5) In March 1996, the locations of People's Liberation Army military activities and M-9 missile target areas nearby to Taiwan's two largest ports, Keelung and Kaohsiung, created a de facto blockade of the Taiwan Strait, international waters and airspace, interfered with United States and international shipping and aviation, and impinged upon the national security interests of the United States, requiring the immediate deployment of two United States aircraft carrier battle groups to the South China Sea. (6) The actions of the People's Liberation Army in such close proximity to Taiwan were deliberate attempts to disrupt Taiwan's social and economic stability and were carried out as attempts to intimidate the people of Taiwan during the period leading up to Taiwan's historic first democratic presidential election. (7) The early development and deployment of an effective United States theater missile defense system to the Asia- Pacific region, and the adjustment of United States policy to include Taiwan, including the Penghu Islands, Kinmen, and Matsu, under the protection of such defense system, would be prudent and appropriate responses to-- (A) the refusal by the People's Republic of China to renounce the use of force to determine the future of Taiwan; (B) the nature of the military threat of the People's Republic of China posed by the increased focus of the People's Liberation Army on advanced missile development; and (C) the demonstrated intent of the Government of the People's Republic of China to use live-fire military exercises and ballistic missile tests against the people and Government of Taiwan as tools of so- called coercive diplomacy. (8) The early deployment of a United States theater anti- ballistic missile system in the Asia-Pacific region would maintain a balance of power in the Taiwan Strait and deter the People's Republic of China from resorting to military intimidation tactics to coerce or manipulate the people and freely elected Government of Taiwan in the future. (9) While Taiwan is currently acquiring a local aircraft and ballistic and cruise missile defense capability in the form of the Modified Air Defense System (MADS), a larger portion of Taiwan's territory and population would be protected if this system were expanded to include a defense of the Taichung region, Kaohsiung, the Penghu Islands, Kinmen, and Matsu from limited ballistic missile attacks and a deterrent against the threat and use of force against Taiwan by the People's Liberation Army to achieve the political goals of the core leadership of the People's Republic of China. (10) Taiwan has requested further United States cooperation on missile defense, including the conduct of a joint architecture study of the requirements for the establishment and operation of a missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu. (11) On June 9, 1898, the ``Convention Respecting an Extension of Hong Kong Territory'' was agreed to between representatives of the governments of Great Britain and China to lease the New Territories for the period of 99 years beginning on July 1, 1898. (12) On December 19, 1984, the ``Sino-British Joint Declaration'', agreed to between representatives of the governments of Great Britain and China, established the terms for the return to China on July 1, 1997, of the Hong Kong area (including the Hong Kong Island, Kowloon, and the New Territories (hereafter in this resolution referred to as ``Hong Kong''). (13) No treaties exist between the People's Republic of China and Taiwan which determine the future status of Taiwan. (14) The People's Republic of China attempts to apply to Taiwan the formula commonly known as ``one country, two systems'' in an effort to annex Taiwan to China. (15) The People's Republic of China has refused to renounce the use of force against Taiwan and held military exercises in the Taiwan Strait in March 1996 in an attempt to intimidate the people of Taiwan in their first presidential elections. (16) The Taiwan Relations Act states that ``[i]t is the policy of the United States . . . to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States''. SEC. 3. STUDY AND REPORT RELATING TO ESTABLISHMENT AND OPERATION OF A THEATER BALLISTIC MISSILE DEFENSE SYSTEM IN THE ASIA- PACIFIC REGION. (a) Study.--The Secretary of Defense shall carry out a study of the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region that would have the capability to protect Taiwan from ballistic missile attacks. The study shall include a description of appropriate measures by which the United States would cooperate with Taiwan and provide Taiwan with an advanced local-area ballistic missile defense system. (b) Report.--Not later than July 1, 1998, the Secretary of Defense shall submit to the Committee on National Security of the House of Representatives and the Committee on Armed Services of the Senate a report containing-- (1) the results of the study conducted under subsection (a); (2) the factors used to obtain such results; (3) a description of any existing United States missile defense system that could be transferred to Taiwan in accordance with the Taiwan Relations Act in order to allow Taiwan to provide for its self-defense against limited ballistic missile attacks. (c) Form of Report.--The report under subsection (b) shall be submitted in both classified and unclassified form. SEC. 4. TRANSFER OF BALLISTIC MISSILE DEFENSE SYSTEMS TO TAIWAN. It is the sense of the Congress that the President, if requested by the Government of Taiwan and in accordance with the results of the study conducted under section 3, should transfer to the Government of Taiwan appropriate defense articles or defense services under the foreign military sales program under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan, including the Penghu Islands, Kinmen, and Matsu, against limited ballistic missile attacks. SEC. 5. STATEMENT OF POLICY RELATING TO UNITED STATES THEATER MISSILE DEFENSES FOR THE ASIA-PACIFIC REGION. The Congress declares that it is in the national interest of the United States that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability with friendly and allied nations in the Asia-Pacific region. SEC. 6. SENSE OF THE CONGRESS URGING THE PRESIDENT TO MAKE CLEAR TO THE PEOPLE'S REPUBLIC OF CHINA THE COMMITMENT OF THE AMERICAN PEOPLE TO SECURITY AND DEMOCRACY IN TAIWAN. It is the sense of the Congress that the Clinton Administration should make clear to the leadership of the People's Republic of China, the American people's firm commitment for security and democracy for the people of Taiwan and that the United States fully expects that the resolution of security issues on both sides of the Taiwan Strait will be resolved by peaceful means. SEC. 7. ADDITIONAL SENSE OF THE CONGRESS REGARDING TAIWAN. It is the sense of the Congress that-- (1) the transfer of Hong Kong to the People's Republic of China does not alter the current and future status of Taiwan; (2) the future of Taiwan should be determined by peaceful means through a democratic process; and (3) the United States, in accordance with the Taiwan Relations Act and the constitutional processes of the United States, should assist in the defense of Taiwan in case of threats or military attack by the People's Republic of China against Taiwan. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk.
United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act - Directs the Secretary of Defense to study and report to the Congress on: (1) the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region capable of protecting Taiwan from ballistic missile attacks; and (2) cooperative United States measures which would provide Taiwan with an advanced local-area ballistic missile defense system. Expresses the sense of the Congress that the President, upon the request of the Taiwan Government, and in accordance with such study results, should transfer to the Taiwan Government defense articles or services under the foreign military sales program of the Arms Export Control Act for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan and specified islands against limited ballistic missile attacks. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability with friendly and allied nations in the Asia-Pacific region. Expresses the sense of the Congress that the Clinton Administration should make clear to the People's Republic of China the firm commitment of the American people for security and democracy for the people of Taiwan, and that the United States fully expects the peaceful resolution of security issues on both sides of the Taiwan Strait.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Elimination Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 4, 1995, the Senate voted 67-27 to impose a moratorium on United States use of anti-personnel landmines beginning in February 1999; (2) On April 3, 1996, 15 senior retired United States military officers, including the former commanding officers of United States Armed Forces in Korea, the North Atlantic Treaty Organization (NATO), Vietnam, and Desert Storm, urged the President to ban the production, stockpiling, sale, and use of anti-personnel landmines; (3) The generals stated that a ban would be ``humane and militarily responsible'' and that it ``would not undermine the military effectiveness or safety of our forces, nor those of other nations''; (4) In Vietnam, 7,318 United States military personnel were killed, and 56,783 were injured, from landmines; (5) In Bosnia, at least 204 soldiers under United Nations command have been injured, and 20 killed, and at least 55 soldiers under NATO command have been injured, and 9 killed, by landmines; (6) The Department of State estimates that a man, woman, or child is killed or injured by a landmine every 22 minutes; (7) On May 16, 1996, President Clinton declared that the United States would ``aggressively pursue'' an international agreement to ban anti-personnel landmines; (8) On June 7, 1996, the members of the Organization of American States, including the United States, declared the goal of a Western Hemisphere landmine free zone; (9) On June 4, 1997, the members of the Organization of African Unity adopted the goal of the establishment of Africa as an anti-personnel landmine free zone; (10) On October 5, 1996, the Government of Canada announced that it would pursue negotiations on a treaty banning anti- personnel landmines to be completed at Ottawa in December 1997; (11) On December 10, 1996, the United Nations General Assembly passed by a vote of 156-0 (with 10 abstentions), a United States-sponsored resolution to ``pursue vigorously'' a treaty banning the use, stockpiling, production, and transfer of anti-personnel landmines, with a view to completing the negotiation ``as soon as possible''; (12) Formal negotiations on the Ottawa treaty are to begin in Oslo, Norway in September 1997; (13) By exerting its unmatched international influence, the United States could secure broad support for a legally binding international treaty banning anti-personnel landmines; (14) Such a treaty would further United States security and humanitarian interests by deterring the use of anti-personnel landmines against United States Armed Forces and civilians. SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES. (a) Restriction.--Beginning on January 1, 2000, no funds appropriated or otherwise available to any department or agency of the United States may be obligated or expended for new deployments of anti- personnel landmines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report describing actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. (c) Consultations.--The Secretary shall consult with individuals having a variety of backgrounds and expertise in preparing the report required under subsection (b). (d) Delay.--The President may delay application of the restriction in subsection (a) with respect to the Korean Peninsula if, not later than January 1, 2000 and each year thereafter, he submits a report to Congress certifying that new deployments of anti-personnel landmines on the Korean Peninsula in the event of a war in Korea or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year. (e) Certification Requirements.--The report under subsection (d) shall include a description of efforts made to implement the proposals described in the report submitted under subsection (b) and any similar proposals prepared subsequently by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. SEC. 4. DEFINITIONS. (a) Definitions.--In this Act-- (1) The term ``anti-personnel landmine'' means any munition placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft, and which is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person and that will incapacitate, injure, or kill one or more persons. (2) The term ``new deployments of anti-personnel landmines'' means the emplacement or arming of such landmines on or after January 1, 2000. (b) Exclusions.--The term ``anti-personnel landmine'' does not include command-detonated Claymore munitions.
Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines. Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Atlantic Energy Security Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Ocean Energy Management. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Qualified revenues.--The term ``qualified revenues'' means all bonus bids, rentals, and royalties (and other sums) due and payable to the United States from all leases entered into after the date of enactment of this Act that cover an area in the South Atlantic planning area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) South atlantic planning area.--The term ``South Atlantic planning area'' means the area of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) that is located between the northern lateral seaward administrative boundary of the Commonwealth of Virginia and the southernmost lateral seaward administrative boundary of the State of Georgia. (6) State.--The term ``State'' means any of the following States: (A) Georgia. (B) North Carolina. (C) South Carolina. (D) Virginia. SEC. 3. PRESERVING COASTAL VIEWSHEDS. (a) In General.--Prior to conducting a lease sale authorized under this Act that would offer leases within 30 nautical miles of the coastline, the Secretary shall consult with the Governor of each potentially affected State to establish appropriate lease stipulations for the management of the surface occupancy of the areas between the coastline and 30 nautical miles to mitigate any potential concerns regarding impacts to coastal viewsheds. (b) Considerations for Production Facilities.--The Secretary and the State shall consider-- (1) restricting the installation of permanent surface production facilities above the waterline for the purpose of production of oil or gas resources in any area that is within 12 nautical miles seaward from the coastline of the State; (2) allowing only subsurface production facilities to be installed in areas that are located between the point that is 12 nautical miles from seaward from the coastline of the State and the point that is 30 nautical miles seaward from the coastline of the State. (c) Development and Production Plan Approval.--If permanent surface facilities are proposed to be installed within 30 nautical miles of the coastline, the Secretary shall not grant approval of the development and production plan unless it is determined that the facility is designed so that the impacts on coastal viewsheds are minimized, to the maximum extent practicable. (d) Onshore Access to Leases Not Restricted.--Notwithstanding any other provision of this section, onshore facilities associated with the drilling, development, and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a State are allowed. (e) Temporary Activities Not Affected.--Nothing described in subsection (a), (b), or (c) restricts, or gives the States authority to restrict, temporary surface activities related to operations associated with outer Continental Shelf oil and gas leases. SEC. 4. 2017-2022 LEASING PROGRAM. The Secretary shall-- (1) include the South Atlantic planning area in the outer Continental Shelf leasing program for fiscal years 2017 through 2022 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); and (2) conduct in the South Atlantic planning area-- (A) 1 lease sale during fiscal year 2021; and (B) 2 lease sales during fiscal year 2022. SEC. 5. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS. (a) In General.--In recognition that the outer Continental Shelf oil and gas leasing program and the domestic energy resources produced under the program are integral to national security, the Secretary and the Secretary of Defense shall work jointly in implementing lease sales under this Act-- (1) to preserve the ability of the Armed Forces of the United States to maintain an optimum state of readiness through continued use of the outer Continental Shelf; and (2) to allow effective exploration, development, and production of the oil, gas, and renewable energy resources of the United States. (b) Prohibition on Conflicts With Military Operations.-- (1) In general.--The Secretary shall not make any tract available for lease under this Act if the President, in consultation with the Committees on Armed Services of the Senate and the House of Representatives, determines that the lease of that tract would conflict with military operations relating to national security. (2) Actions by persons.--No person may engage in any exploration, development, or production of oil or natural gas on the outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with-- (A) the agreement entitled ``Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf'' and dated July 20, 1983; and (B) any revision or replacement for the agreement described in subparagraph (A) that is agreed to by the Secretary of Defense and the Secretary during the period beginning on July 21, 1983, and ending on the day before the date of issuance of the lease under which the exploration, development, or production is conducted. SEC. 6. DISPOSITION OF REVENUES. (a) In General.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), for each of fiscal years 2017 through 2022, the Secretary shall deposit-- (1) 50 percent of any qualified revenues in the general fund of the Treasury; and (2) 50 percent of any qualified revenues in a special account in the Treasury from which the Secretary shall disburse amounts to the States in accordance with subsection (b). (b) Allocation to States.-- (1) In general.--Subject to paragraphs (2) and (3), effective for each of fiscal years 2017 through 2022, the Secretary of the Treasury shall allocate the qualified revenues described in subsection (a)(2) to each State in amounts (based on a formula established by the Secretary, by regulation) that are inversely proportional to the respective distances between-- (A) the point on the coastline of each State that is closest to the geographical center of the applicable leased tract; and (B) the geographical center of that leased tract. (2) Minimum allocation.--The amount allocated to a State for each fiscal year under paragraph (1) shall be not less than 10 percent of the amounts available under subsection (a)(2). (3) Mandate.--Of the amounts received by a State under paragraph (1), the State shall use, at the discretion of the Governor of the State-- (A) 10 percent-- (i) to enhance State land and water conservation efforts; (ii) to improve State public transportation projects; (iii) to establish alternative, renewable, and clean energy production and generation within each State; and (iv) to enhance beach nourishment and costal dredging; (B) 2.5 percent to enhance geological and geophysical education for the energy future of the United States in accordance with section 7. SEC. 7. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S ENERGY FUTURE. (a) In General.--The Secretary, acting through the Director, shall partner with institutions of higher education selected under subsection (c) to facilitate the practical study of geological and geophysical sciences of areas on the Atlantic region of the outer Continental Shelf and elsewhere on the Continental Shelf of the United States. (b) Focus.--Activities conducted by institutions of higher education under this section shall focus all geological and geophysical scientific research on obtaining a better understanding of hydrocarbon potential in the South Atlantic planning area while fostering the study of the geological and geophysical sciences at institutions of higher education in the United States. (c) Selection of Institutions.-- (1) Selection.--Not later than 180 days after the date of enactment of this Act, the Governor of each State may nominate for participation in a partnership-- (A) 1 institution of higher education located in the State; and (B) 1 institution of higher education that is a historically Black college or university (as defined in section 631(a) of the Higher Education Act of 1965 (20 U.S.C. 1132(a))) located in the State. (2) Preference.--In making nominations under paragraph (1), each Governor shall give preference to those institutions of higher education that-- (A) demonstrate a vigorous rate of admissions of veterans of the Armed Forces of the United States; and (B) meet the criteria described in paragraph (3). (3) Criteria.--The Governor shall select as a partner any institution of higher education nominated under paragraph (1) that the Governor determines demonstrates excellence in 1 or more of the following criteria: (A) Geophysical sciences curriculum. (B) Engineering curriculum. (C) Information technology or other technical studies related to seismic research, including data processing. (d) Research Authority.-- (1) In general.--Except as provided in paragraph (2), an institution of higher education selected under subsection (c)(3) may conduct research under this section on the expiration of the 30-day period beginning on the date on which the institution of higher education submits to the South Atlantic Regional Director of the Bureau of Ocean Energy Management a notice of the research. (2) Permit required.--An institution of higher education may not conduct research under this section that uses any solid or liquid explosive, except as authorized by a permit issued by the Director. (e) Data.-- (1) In general.--The geological and geophysical activities conducted under this section-- (A) shall be considered to be scientific research and data produced by the activities; (B) shall not be used or shared for commercial purposes; (C) shall not be produced for proprietary use or sale; and (D) shall be made available by the Director to the public. (2) Submission of data to boem.--Not later than 60 days after completion of initial analysis of data collected under this section by an institution of higher education selected under subsection (c)(3), the institution of higher education shall share with the Director any data collected requested by the Director. (3) Fees.--The Director may not charge any fee for the provision of data produced in research under this section, other than a data reprocessing fee to pay the cost of duplicating the data. (f) Report.--Not less frequently than once every 180 days, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the data derived from partnerships under this section. SEC. 8. ATLANTIC REGIONAL OFFICE. Not later than the last day of the outer Continental Shelf leasing program for fiscal years 2012 through 2017 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director shall establish an Atlantic regional office in an area that is-- (1) included in the outer Continental Shelf leasing program for fiscal years 2017 through 2022 prepared under section 18 of that Act (43 U.S.C. 1344); and (2) determined by the Director to have the highest potential for resource development.
Southern Atlantic Energy Security Act Directs the Department of the Interior, before conducting a lease sale that would offer leases within 30 nautical miles of the coastline, to consult with the governor of each potentially affected state to establish lease stipulations for the management of the surface occupancy of the areas between the coastline and 30 nautical miles to mitigate potential concerns regarding impacts to coastal viewsheds. Prescribes formal considerations for production facilities. Prohibits Interior from approving a development and production plan if permanent surface facilities are proposed within 30 nautical miles of the coastline, unless the facilities are designed to minimize the impacts upon coastal viewsheds. Permits onshore facilities associated with the drilling, development, and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a state. Requires Interior to include the South Atlantic planning area in the outer Continental Shelf (OCS) leasing program for FY2017-FY2022, and conduct in that area one lease sale during FY2021 and two during FY2022. Directs Interior and the Department of Defense to implement lease sales jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allow effective exploration, development, and production of U.S. oil, gas, and renewable energy resources. Prohibits: (1) Interior from making any tract available for lease if the President, in consultation with certain congressional committees, determines that leasing that tract would conflict with military operations relating to national security; and (2) exploration, development, or production of oil or natural gas on the OCS that would conflict with military operations set forth in specified documents. Requires deposit of 50% of qualified revenues into the general fund of the Treasury and 50% into a special Treasury account for allocation to certain states for: enhancing land and water conservation efforts; improving state public transportation projects; establishing alternative, renewable, and clean energy production and generation; enhancing beach nourishment and coastal dredging; and enhancing geological and geophysical education for the energy future of the U.S. Requires Interior, acting through the Bureau of Ocean Energy Management (BOEM), to partner with certain institutions of higher education to facilitate the study of geological and geophysical sciences on the Atlantic OCS and elsewhere on the U.S. Continental Shelf. Authorizes the governor of each state to nominate institutions of higher education located in the state for participation in such a partnership: (1) including one historically Black college or university, and (2) giving preference to those that demonstrate a vigorous rate of admissions of veterans of the Armed Forces. Requires the BOEM Director to establish an Atlantic regional office in an area included in the OCS leasing program for FY2017-FY2022 that has the highest potential for resource development.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Manufacturers' Renewal and Training Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) a productive manufacturing sector is essential to a competitive national economy; (2) small businesses are responsible for most new job creation in the United States; (3) small manufacturers play a critical role in maintaining the vitality of the manufacturing sector; (4) small manufacturers often do not use the most modern production technology; (5) the barriers to the adoption of modern technology by small manufacturers include-- (A) the lack of readily available sources of information about such technology; (B) the perception that such technology is too costly; and (C) the difficulty in attracting talented engineers to work for small manufacturers; and (6) the education of engineering students often does not expose such students to current industrial practices, especially those of small manufacturers. SEC. 3. PURPOSE. It is the purpose of this Act to give undergraduate students of engineering the opportunity to work with small manufacturing companies in order to-- (1) bring knowledge of modern engineering practices to small manufacturers, increase the recognition by small manufacturers of the importance of these practices, and promote the adoption of modern engineering practices by small manufacturers; (2) expose engineering students to the special environment and needs of small manufacturers, and increase the number of engineers who choose to work for small manufacturers; (3) encourage engineering colleges to devote greater attention to the needs of small manufacturers; and (4) promote the development and expansion of a community of technological entrepreneurs in the small manufacturing sector. SEC. 4. DEFINITIONS. For the purposes of this Act-- (1) the term ``cooperative education program'' means a program of cooperative education as such term is defined in section 801(b) of the Higher Education Act of 1965 that is accredited by a nationally recognized accrediting agency or association; (2) the term ``Director'' means the Director of the National Institute of Standards and Technology; (3) the term ``engineering student'' means a student enrolled in a program (that is accredited by a nationally recognized accrediting agency or association) at a college or university leading to a bachelor of science degree in engineering, mathematics or science, or an equivalent degree; (4) the term ``host company'' means a small manufacturer that hosts an intern under this Act; (5) the term ``Secretary'' means the Secretary of Commerce; (6) the term ``small manufacturer'' means a company employing 500 or fewer employees engaged in manufacturing, mining, construction, transportation, communication, or public utilities as defined in the Standard Industrial Classification Manual of 1987; (7) the term ``underrepresented group'' means a group of individuals who have been historically underrepresented in the engineering professions, including women, blacks, hispanics, and native Americans; and (8) the term ``United States'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, the Republic of the Marshal Islands, the Federated State of Micronesia, and the Republic of Palau. SEC. 5. ESTABLISHMENT OF THE SMART PROGRAM. (a) SMART Program Established.-- (1) In general.--The Director shall carry out a program of awarding grants to manufacturing outreach centers to enable such centers to carry out internship activities in accordance with this Act. Such program shall be known as the ``Small Manufacturers Renewal and Training Program'' (hereafter in this Act referred to as the ``SMART Program''). (2) Eligible entities.--For the purpose of this Act the term ``manufacturing outreach center'' means an organization engaged in technology or manufacturing extension activities, including a Federal, State, or local government agency or laboratory, a small business development center, an office within a college or university, a professional society, a worker organization, an industrial organization, or a for- profit or nonprofit organization. (b) Grant Duration and Renewal.-- (1) Grant duration.--Grants under this Act shall be awarded on a multiyear basis for not more than 3 years. (2) Renewal.--Grants under this Act may be renewed on a multiyear basis for not more than 5 years per renewal. (c) Priority.--In awarding grants under this Act the Director shall give a priority to a grant proposal describing internships that place engineering students with small manufacturers that employ 100 or fewer individuals. (d) Funding Limitations.-- (1) Outreach.--Not more than 35 percent of the grant funds awarded to a manufacturing outreach center in the first 3 years that such center receives assistance under this Act shall be expended for outreach activities to solicit the participation of small manufacturers in the SMART Program. In subsequent years such percentage may be altered for grants that are renewed, subject to approval by the Secretary. (2) Minimum.--The Director shall award grants under this Act so that a manufacturing outreach center or centers in each State receives a grant equal to 1 percent of the amount appropriated pursuant to section 11 or $200,000, whichever is less. SEC. 6. FEDERAL ROLE. (a) Role of the Director.-- (1) In general.--In carrying out the SMART Program the Director shall-- (A) solicit and evaluate grant proposals from manufacturing outreach centers; (B) collect information regarding the performance of the SMART Program, including an annual report from each manufacturing outreach center in accordance with section 7(a)(5); and (C) coordinate the activities of the SMART Program with other programs of the Federal Government for manufacturing and technology extension, as appropriate. (2) Administrative provisions.--The Director-- (A) is authorized to hire such staff as the Director determines necessary to administer the SMART Program; and (B) shall use not more than $500,000 or 5 percent of the funds appropriated pursuant to the authority of section 11, whichever is less, for the administrative expenses associated with the SMART Program. (b) Role of Secretary.-- (1) Establishment of grant proposal criteria; preferences.--The Secretary shall establish criteria for evaluating proposals for grants under this Act, which criteria shall include a preference for proposals that describe programs which-- (A) bring together organizations with demonstrated commitments to-- (i) outreach to small manufacturers; and (ii) cooperative education; (B) serve regions with low economic growth and regions where the manufacturing sector is weak; and (C) in the case of renewal grants, have demonstrated success in placing interns with small manufacturers, particularly small manufacturers that employ 100 or fewer employees. (2) Evaluation.--The Secretary shall provide a report to Congress evaluating the SMART Program 3 years after the date of enactment of this Act and at 5-year intervals thereafter. SEC. 7. ROLE OF MANUFACTURING OUTREACH CENTERS. (a) In General.--Each manufacturing outreach center receiving a grant under this Act shall use such grant funds-- (1) to support outreach activities that solicit the participation of small manufacturers in the SMART Program and determine the eligibility of small manufacturers to serve as host companies; (2) to solicit and select engineering students to participate in the SMART Program on the basis of the ability and interest of each student in working with a small manufacturer; (3) to assist in placing selected engineering students with host companies as interns; (4) to carry out an internship program that-- (A) sponsors engineering students for employment as interns with host companies; (B) provides funding to host companies-- (i) that is used to supplement the wage of an intern by paying the Federal share of such intern's wages, which Federal share shall not exceed the amount paid to an employee earning the Federal minimum wage for a period of not less than 3 months and not more than 6 months; (ii) the total amount of which does not exceed the amount paid to an employee earning the Federal minimum wage during the 24-month period preceding the receipt of such grant; and (iii) that is used to supplement the wage of an intern, in accordance with this subparagraph, who has completed 3 years of study in the standard curriculum for a bachelor of science degree in engineering, mathematics or science, or an equivalent degree; (5) to collect information from interns, from host companies, and from other sources, and use such information to provide annual reports to the Director in accordance with section 6(a)(1)(B); and (6) to provide such training and information to interns regarding modern manufacturing technologies as the Director determines appropriate. (b) Placement Priority.--Each manufacturing outreach center receiving a grant under this Act shall give a preference to placing interns with host companies that employ 100 or fewer employees. (c) Proposals Required.--Each manufacturing outreach center desiring a grant under this Act shall submit a proposal to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. Each such proposal shall describe the activities and services for which assistance is sought. (d) Cooperative Education Program Arrangements.--A manufacturing outreach center may make arrangements with cooperative education programs to provide an engineering student with cooperative education work experience pursuant to this Act under which the engineering student-- (1) performs the outreach activities described in subsection (a)(1); (2) participates in an internship program in accordance with subsection (a)(4); and (3) may perform technology extension services for the manufacturing outreach center. SEC. 8. ROLE OF HOST COMPANIES. A host company-- (1) shall only be eligible to host interns in manufacturing operations in the United States; (2) shall provide such employment-related benefits to interns under this Act as are provided to full-time employees of the host company, except that health insurance may be provided by the college or university in which the intern is enrolled; (3) shall use the funds provided by a manufacturing outreach center under this Act only to pay the wages of interns, and may supplement those wages; (4) shall be eligible to receive funds from a manufacturing outreach center only if such host company has not participated in a cooperative education program; (5) shall provide to the manufacturing outreach center information on wages and benefits provided to interns, including the expenditure of any funds provided by such center; and (6) shall designate a supervisor for each intern, who shall-- (A) oversee the employment of that intern; (B) provide to such center a brief evaluation of the performance of that intern; and (C) provide to such center a brief evaluation of the value of the host company's participation in the SMART Program. SEC. 9. ROLE OF INTERNS. Each intern shall-- (1) work as an employee for the host company; and (2) provide a brief evaluation of the internship to the manufacturing outreach center. SEC. 10. UNDERREPRESENTED GROUPS. The Director shall make every effort to solicit for participation in the SMART Program qualified engineering students from underrepresented groups by-- (1) soliciting the participation of traditionally minority and women's engineering colleges and universities; and (2) encouraging all manufacturing outreach centers to solicit the participation of qualified engineering, mathematics or science students from underrepresented groups. SEC. 11. AUTHORIZATION. There are authorized to be appropriated $10,000,000 for fiscal year 1994, and $25,000,000 for each of the fiscal years 1995, 1996, 1997, and 1998, to carry out this Act.
Small Manufacturers' Renewal and Training Act of 1993 - Requires the Director of the National Institute of Standards and Technology to carry out the Small Manufacturers Renewal and Training Program for awarding grants to manufacturing outreach centers to give undergraduate engineering students the opportunity to work as interns with small manufacturing companies. Sets forth provisions regarding: (1) eligible entities; (2) grant duration and renewal; (3) grant priorities; and (4) funding limitations. Requires the: (1) Director to solicit and evaluate grant proposals from such centers, collect information regarding program performance, and coordinate Program activities with other Federal programs for manufacturing and technology extension; and (2) Secretary of Commerce to establish criteria for evaluating grant proposals. Sets forth provisions regarding the respective roles of manufacturing outreach centers, host companies, and interns in the Program. Requires the Director to solicit qualified engineering students from underrepresented groups for participation in the Program. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Security Credit Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The personal savings rate reached historic lows in the past decade, and a lack of personal savings was a major contributor to the depth and severity of the recession of 2007- 2009. (2) Households continue to lack the savings or structures to meet short-term and long-term needs, as evidenced by the following: (A) According to the Employee Benefit Research Institute, among full-time, full-year wage and salary workers ages 21-64, only 54.5 per cent participated in a retirement plan in 2010. (B) According to the Federal Deposit Insurance Corporation's 2011 Survey of Unbanked and Underbanked Households, an estimated 8.2 percent of United States households, approximately 10 million households, are unbanked. These households do not have a checking or savings account. In total, 29.3 percent of households do not have a savings account. (C) More than 1 in 4 American households lives in ``asset poverty'', meaning they lack the savings or other assets to cover basic expenses (equivalent to what could be purchased with a poverty level income) for three months if a layoff or other emergency leads to loss of income. If assets that cannot easily be converted to cash, are excluded, such as a home or a business, as many as 4 in 10 households live in ``liquid asset poverty'', meaning they lack the cash savings to survive three months at the poverty line. (3) Savings make families more resilient to financial shocks and more upwardly mobile, as evidenced by the following: (A) Even small sums of savings, $2,000 or less, have been shown to significantly reduce the incidence of negative financial or material outcomes, such as foregoing adequate nutrition. (B) Children born to low-income, high saving parents are much more likely (71 percent) to move up the economic ladder than children born to low-income, low-saving parents (50 percent) over a generation. (4) Successful pilot programs have been run in cities as diverse as Houston, Texas; Newark, New Jersey; New York City, New York; San Antonio, Texas; and Tulsa, Oklahoma. These programs, run through Volunteer Income Tax Assistance sites serving only a fraction of potentially eligible tax filers in each city, have shown that tax filers with low incomes can and will save when presented with the right incentive at the right moment. (5) It is in the economic interests of the United States to promote savings among all members of society, regardless of income. SEC. 3. FINANCIAL SECURITY CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36C the following new section: ``SEC. 36D. FINANCIAL SECURITY CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for a taxable year an amount equal to the lesser of-- ``(1) $500, or ``(2) 50 percent of the total amount deposited or contributed by the taxpayer in accordance with subsection (b)(1) into designated savings products during such taxable year. ``(b) Limitations.-- ``(1) Credit must be deposited in or contributed to designated savings product.--No amount shall be allowed as a credit under subsection (a) for a taxable year unless the taxpayer designates on the taxpayer's return of tax for the taxable year that the amount of the credit for such taxable year be deposited in or contributed to one or more designated savings products of the taxpayer and the Secretary makes such deposits or contributions to the designated savings products. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of such credit (determined without regard to this paragraph) as-- ``(i) the amount by which the taxpayer's adjusted gross income exceeds the threshold amount, bears to ``(ii) $15,000. ``(B) Threshold amount.--For purposes of subparagraph (A), the term `threshold amount' means-- ``(i) $55,500 in the case of a joint return, ``(ii) $41,625 in the case of an individual who is not married, and ``(iii) 50 percent of the dollar amount in effect under clause (i) in the case of a married individual filing a separate return. For purposes of this subparagraph, marital status shall be determined under section 7703. ``(c) Designated Savings Product.--For purposes of this section, the term `designated savings product' means any of the following: ``(1) A qualified retirement plan (as defined in section 4974(c)). ``(2) A qualified tuition program (as defined in section 529). ``(3) A Coverdell education savings account (as defined in section 530). ``(4) A United States savings bond. ``(5) A certificate of deposit (or similar class of deposit) with a duration of at least 8 months. ``(6) A savings account. ``(7) Any other type of savings product considered to be appropriate by the Secretary for the purposes of this section. ``(d) Special Rules.-- ``(1) Tax refunds treated as deposited or contributed in current taxable year.--For purposes of subsection (a)(2), the amount of any overpayment of taxes refunded to the taxpayer (reduced by any amount attributable to the credit allowed under this section by reason of being considered as an overpayment by section 6401(b)) and designated for deposit in or contribution to a designated savings product of the taxpayer shall be treated as an amount deposited or contributed in the taxable year in which so deposited or contributed. ``(2) Maintenance of deposit.--No contribution or deposit shall be taken into account under subsection (a) unless such contribution or deposit remains in the designated savings product for not less than 8 continuous months. ``(3) Reduction in deposits in designated savings products.-- ``(A) In general.--The amount of deposits or contributions taken into account under subsection (a) shall be reduced (but not below zero) by the aggregate amount of distributions (other than interest from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c)) from all designated savings products of the taxpayer during the testing period. The preceding sentence shall not apply to the portion of any distribution which is not includible in gross income by reason of a trustee-to- trustee transfer or a rollover distribution. ``(B) Testing period.--For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes-- ``(i) such taxable year, ``(ii) the 2 preceding taxable years, and ``(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. ``(C) Other rules.--Rules similar to subparagraphs (C) and (D) of section 25B(d)(2) shall apply for purposes of this paragraph. ``(4) Denial of double benefit.--No credit shall be allowed under section 25B with respect to any deposit for which a credit is allowed under this section. ``(5) Coordination with other refundable credits.--The credit allowed by subsection (a) shall be taken into account after taking into account the credits allowed by (or treated as allowed by) this subpart (other than this section). ``(e) Inflation Adjustments.-- ``(1) Credit limit.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amount in subsection (a)(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) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(2) AGI thresholds.--In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in clauses (i) and (ii) of subsection (b)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Rounding.-- ``(A) Credit limit.--If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. ``(B) AGI thresholds.--If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(f) Regulations.--Not later than 12 months from date of enactment of this section, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section, including regulations or guidance-- ``(1) to ensure that designated savings products are subject to appropriate reporting requirements, including the reporting of contributions and other deposits during the calendar year, end of calendar year account balances, and earnings from designated savings products specified in paragraphs (4), (5), (6), and (7) of subsection (c), ``(2) to carry out the maintenance of deposit provisions under subsection (d)(2), and ``(3) to prevent avoidance of the purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36D,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: ``Sec. 36D. Financial security credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE SAVINGS. (a) Notification of Option.-- (1) In general.--The Commissioner of Internal Revenue shall notify individuals who may qualify for a credit under section 36D of the Internal Revenue Code of 1986 but fail to provide sufficient information to allow the Secretary to deposit or contribute the credit amount to a designated savings product that they have the option of an electronic direct deposit and that they may be eligible for the financial security credit under section 36D of the Internal Revenue Code of 1986 if they deposit a refund or a portion of their refund in any designated savings product. (2) Method of notification.--The notification under paragraph (1) shall be made through-- (A) a public awareness program undertaken by the Secretary of the Treasury, in concert with the Commissioner of the Internal Revenue and others as necessary, beginning not later than 6 months after the date of the enactment of this Act; (B) tax return preparers and low-income taxpayer clinics; and (C) the inclusion of such a notice in the instruction material for any Federal income tax return. (b) Establishment of Designated Account Program.--The Secretary of the Treasury shall develop, in consultation with the Federal Management System, a program to minimize the delivery of non-electronic Federal income tax refunds by depositing refunds electronically to a safe, low- cost account held by a depository institution. This program shall include-- (1) provisions for such tax refunds to be deposited into a designated account; (2) establishment of account parameters with respect to minimum balance requirements, limitations on overdrafts, overdraft fees, other fees, and additional requirements; (3) establishment of means for the taxpayer to access the account electronically and to have timely, direct access to the funds in the account; and (4) provisions to allow taxpayers to open an account with their Federal income tax refunds through financial service providers, so long such account is held at a depository institution insured under the Federal Deposit Insurance Act or a credit union insured under the Federal Credit Union Act. (c) Effective Date.--The notification under subsection (a) and the program under subsection (b) shall be effective with respect to Federal income tax returns for taxable years beginning after December 31, 2013.
Financial Security Credit Act of 2013 - Amends the Internal Revenue Code to allow an income-based tax credit equal to the lesser of $500 or 50% of the total amount deposited or contributed into designated savings products in a taxable year. Defines "designated savings products" as a qualified retirement plan, a qualified tuition plan, a Coverdell education savings account, a U.S. savings bond, a certificate of deposit with a duration of at least 8 months, a savings account, or other savings product considered appropriate by the Secretary of the Treasury. Directs the Internal Revenue Service (IRS) to notify individual taxpayers who may qualify for a savings product tax credit that they have the option of an electronic direct deposit of any portion of their tax refund into a designated savings product.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transportation Safety Board Reauthorization Act of 2003''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Years 2003-2006.--Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by striking ``such sums to'' and inserting the following: ``$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall''. (b) Emergency Fund.--Section 1118(b) of such title is amended by striking the second sentence and inserting the following: ``In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level of not to exceed $6,000,000.''. (c) NTSB Academy.--Section 1118 of such title is amended by adding at the end the following: ``(c) Academy.--There are authorized to be appropriated to the Board for necessary expenses of the National Transportation Safety Board Academy, not otherwise provided for, $3,347,000 for fiscal year 2003, $4,896,000 for fiscal year 2004, $4,995,000 for fiscal year 2005, and $5,200,000 for fiscal year 2006. Such sums shall remain available until expended.''. SEC. 3. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICATION. Section 1119 of title 49, United States Code, is amended by adding at the end the following: ``(c) Appeals.-- ``(1) Notification of rights.--In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board. ``(2) Procedure.--The Board shall establish and publish the procedures for appeals under this subsection. ``(3) Limitation on applicability.--This subsection shall not apply in the case of an accident that results in a loss of life.''. SEC. 4. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY RECOMMENDATIONS. Section 1135(d) of title 49, United States Code, is amended to read as follows: ``(d) Reporting Requirements.-- ``(1) Annual secretarial regulatory status reports.--On February 1 of each year, the Secretary shall submit a report to Congress and the Board containing the regulatory status of each significant safety recommendation made by the Board to the Secretary (or to an Administration within the Department). The Secretary shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Secretary (or an Administration within the Department) determines and states in such a report that no action should be taken. ``(2) Failure to report.--If on March 1 of each year the Board has not received the Secretary's report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Secretary's failure to submit the required report. ``(3) Significant safety recommendation defined.--For the purposes of this subsection, the term `significant safety recommendation' means a recommendation included in the Board's `most wanted list' and any recommendation concerning 15- passenger van safety, railroad grade crossing safety, and medical certifications for a commercial driver's license. ``(4) Termination.--This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.''. SEC. 5. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS. (a) Relinquishment of Investigative Priority.--Section 1136 of title 49, United States Code, is amended by adding at the end the following: ``(j) Relinquishment of Investigative Priority.-- ``(1) General rule.--This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident. ``(2) Board assistance.--If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.''. (b) Revision of MOU.--Not later than 1 year after the date of enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 6. TECHNICAL AMENDMENTS. Section 1131(a)(2) of title 49, United States Code, is amended by moving subparagraphs (B) and (C) 4 ems to the left. Passed the House of Representatives May 15, 2003. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.
National Transportation Safety Board Reauthorization Act of 2003 - (Sec. 2) Amends Federal transportation law to extend the authorization of appropriations for the National Transportation Safety Board (NTSB), including the NTSB Academy, for FY 2003 through 2006.Authorizes such appropriations as may be necessary to increase the emergency fund from $2 million to $6 million.(Sec. 3) Requires an NTSB employee, in any case in which the employee determines that an occurrence associated with the operation of an aircraft constitutes an accident (except when there is loss of life), to notify the owner or operator of that aircraft of the right to appeal that determination to the NTSB.(Sec. 4) Revises requirements for the Secretary of Transportation's annual report to Congress on each transportation safety recommendation of the NTSB and the Secretary's response. Requires the Secretary to report annually to Congress and the NTSB on the regulatory status of each significant NTSB safety recommendation. Requires the NTSB to report to Congress any failure of the Secretary to make such a report.Defines the term "significant safety recommendation" as a recommendation included in the Board's "most wanted list" and any recommendation concerning 15-passenger van safety, railroad grade crossing safety, and medical certifications for a commercial driver's license.(Sec. 5) Relieves the NTSB of the duty to render specified assistance to families of passengers involved in an aircraft accident if the NTSB has relinquished its investigative priority to investigate it and the Federal agency to which it has relinquished such priority is willing and able to provide assistance to the victims and families of the passengers. Requires the NTSB, however, even if it has relinquished such priority, to assist, to the maximum extent possible, the agency to which it has relinquished it in assisting families with respect to the accident.Directs the NTSB and the Federal Bureau of Investigation to revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act, and to submit such revision to specified congressional committees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Voluntary Grazing Permit Buyout Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The grazing of livestock on Federal lands in Arizona is an increasingly difficult undertaking for grazing permittees and lessees due to growing conflicts with other legitimate uses of the same lands, such as environmental protection and burgeoning recreational use. (2) Sustained drought in the arid Southwest, foreign competition, changing domestic markets, industry restructuring, and individual ranch situations have combined to result in grazing permits and leases becoming stranded investments for many grazing permittees and lessees in Arizona. (3) Attempts to resolve grazing conflicts with other multiple uses of Federal lands often require extensive range developments and monitoring that greatly increase costs to both grazing permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands in Arizona have, or are likely to become, unsuitable for livestock production as a result of the combined effect of the aforementioned factors. (5) The cost of the Federal grazing program in Arizona greatly exceeds revenues to the Federal treasury from grazing fee receipts. (6) Many grazing permittees and lessees in Arizona have indicated their willingness to end livestock grazing on their Federal grazing allotments in exchange for a one-time payment to reasonably compensate them for the effort and investment that they have made in such allotments. (7) A broad coalition of ranchers and environmental and conservation groups in Arizona have agreed that a voluntary program to buyout grazing permits and leases would provide the best solution to the aforementioned problems. (8) Compensating grazing permittees and lessees to end livestock grazing on Federal lands would help recapitalize an ailing sector of rural Arizona by providing economic options to grazing permittees and lessees that do not presently exist, thus allowing them to restructure their grazing operations or start new businesses. (9) Reasonable compensation will help alleviate the need for grazing permittees and lessees to sell or subdivide their private lands. (10) A voluntary buyout program in Arizona would resolve growing conflicts between livestock grazing and other multiple uses in Arizona, and would also be fiscally prudent and socially just. (11) The operation of a voluntary buyout program in Arizona would provide Congress with critical information concerning the possible expansion of such a program nation-wide. SEC. 3. ARIZONA VOLUNTARY GRAZING PERMIT AND LEASE BUYOUT PROGRAM. (a) Definitions.--In this section: (1) The term ``Secretary concerned'' means the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, or the Secretary of Defense, as appropriate, who has administrative jurisdiction over the Federal lands and the grazing permit or lease at issue. (2) The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use, for a term of at least five years, of Federal lands in Arizona for the purpose of grazing domestic livestock. (3) The terms ``permittee or lessee'' and ``permittees and lessees'' refer to a livestock operator who holds, or livestock operators who hold, a valid term grazing permit or lease. (4) The term ``grazing allotment'' means a designated portion of Federal land upon which domestic livestock are permitted to graze by a term grazing permit or lease. (5) The term ``animal unit month'' means the amount of forage needed to sustain one animal unit for one month. Animal unit is defined by the Secretary concerned issuing the permit or lease. (6) The term ``range developments'' means structures, fences and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock, and specifically not including rolling stock, livestock and diversions of water from Federal lands onto non-Federal lands. (b) Waiver of Existing Grazing Permit or Lease.--A permittee or lessee may at any time waive to the Secretary concerned a valid existing grazing permit or lease authorizing livestock grazing on Federal land in Arizona. (c) Cancellation of Waived Grazing Permit or Lease.--The Secretary concerned shall cancel grazing permits or leases waived under subsection (b) and permanently retire the associated grazing allotments from domestic livestock grazing use, notwithstanding any other provision of law. (d) Compensation.--A permittee or lessee who waives a permit or lease to the Secretary concerned under subsection (b) shall be compensated at $175 per animal unit month based on the average over the last 10 years of the numbers of animal unit months permitted to the permittee or lessee or the predecessors of the permittee or lessee, not including suspended animal unit months. In the case of an ephemeral grazing permit or lease, the permittee or lessee shall be compensated for the average over the last 10 years of the actual animal unit months of grazing use. If a permittee or lessee is in arrears of Federal grazing fees, the amount of fees in arrears shall be deducted from the amount of compensation otherwise due the permittee or lessee under this subsection. (e) Effect of Waiver on Range Developments.--A permittee or lessee that waives a permit or lease to the Secretary concerned under subsection (b) and receives compensation under subsection (d) shall be deemed to have waived any claim to all range developments on the subject grazing allotment or allotments, notwithstanding any other provision of law. (f) Relation to Other Authority.--Nothing in this section shall be construed to affect the authority of the Secretary concerned to otherwise modify or terminate grazing permits or leases without compensation. Nothing in this section shall be construed to create a property right in any grazing permit or lease on Federal lands. (g) Retirement of Certain Land.--The Secretary concerned shall not issue grazing permits or leases for grazing allotments for which no valid current grazing permit or lease exists as of the date of the enactment of this Act and shall retire such grazing allotments from livestock use as provided in subsection (c). (h) Effect of Nonuse or Reduced Use.--Notwithstanding any other provision of law, a permittee or lessee may opt not to graze a grazing allotment or to graze the grazing allotment at less than the minimum permitted level and still retain the grazing permit or lease for the remainder of its term. The Secretary concerned shall not take into consideration such non-use or reduced use of a grazing allotment when considering a request for the renewal of the grazing permit or lease. (i) Relation to Eminent Domain.--Nothing in this section shall be construed to authorize the use of eminent domain for the purpose of acquiring a grazing permit or lease. (j) Relation to Other Valid Existing Rights.--Nothing in this section shall affect the allocation, ownership, interest, or control, in existence as of the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, State or local government, or private individual, partnership, or corporation.
Arizona Voluntary Grazing Permit Buyout Act of 2003 - Authorizes a permittee or lessee to waive to the Secretary of Agriculture, Secretary of the Interior, Secretary of Energy, or Secretary of Defense, as appropriate, a valid existing grazing permit or lease authorizing livestock grazing on Federal land in Arizona. Directs the Secretary concerned to cancel and permanently retire from grazing such waived allotments. Sets forth compensation provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Price Negotiation Act''. SEC. 2. AVAILABILITY OF PRESCRIPTION DRUGS FROM PARTICIPATING MANUFACTURERS AT NEGOTIATED PRICES. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by any qualified Federal health care provider, by each pharmacy, and by each provider of services, physician, practitioner, and supplier under the medicare program such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase under subsection (a) is the sum of-- (1) an amount equal to the aggregate amount of the covered outpatient drug dispensed by pharmacies to Medicare beneficiaries; and (2) an amount equal to the aggregate amount of the covered outpatient drug dispensed through qualified Federal health care providers. (c) Description of Price.-- (1) In general.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase under subsection (a) is a price that the Secretary, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, negotiate with the manufacturer. (2) Promotion of breakthrough drugs.-- (A) In general.--In conducting negotiations with participating manufacturers under paragraph (1), the Secretary shall take into account the goal of promoting the development of breakthrough drugs. (B) Definition.--For purposes of this paragraph, a drug is a ``breakthrough drug'' if the Secretary determines it is a new product that will make a significant and major improvement by reducing physical or mental illness, reducing mortality, or reducing disability, and that no other product is available to enrollees that achieves similar results for the same condition. (d) Enforcement.--The United States shall debar a manufacturer of drugs or biologicals that does not comply with the provisions of this Act. (e) Dispute Resolution Mechanism.--The Secretary shall establish a mechanism (such as an ombudsman) for the resolution of disputes between Medicare beneficiaries and prescription drug resellers and drug manufacturers in order to protect such beneficiaries and to ensure that-- (1) prescription drug resellers are not artifically increasing prices charged to Medicare beneficiaries (above those negotiated under subsection (c)) in places where there is less competition (such as in rural areas); and (2) such resellers are not colluding on prices in areas with more potential significant competition. SEC. 3. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 4. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 5. DEFINITIONS. In this Act: (1) Provider of services.--The term ``provider of services'' has the meaning given that term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (2) Physician.--The term ``physician'' has the meaning given that term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (3) Practitioner.--The term ``practitioner'' has the meaning given that term in section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)). (4) Supplier.--The term ``supplier'' has the meaning given that term under section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)). (5) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (6) Debar.--The term ``debar'' means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (7) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (8) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this title, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.
Medicare Prescription Drug Price Negotiation Act - Requires each participating manufacturer of a covered outpatient drug to make such drugs available for purchase by any qualified Federal health care provider, by each pharmacy, and by each provider of services, physician, practitioner, and supplier under the Medicare program at a price that the Secretary of Health and Human Services, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, negotiates with the manufacturer. Provides that the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase is equal to the sum of the aggregate amounts of the covered outpatient drug dispensed by pharmacies to Medicare beneficiaries plus those dispensed through qualified Federal health care providers. Requires that, in conducting negotiations with participating manufacturers, the Secretary take into account the goal of promoting the development of breakthrough drugs. Requires the United States to exclude from Government contracting and subcontracting, for a period of time, a manufacturer of drugs or biologicals that does not comply with this Act. Directs the Secretary to establish a mechanism (such as an ombudsman) for the resolution of disputes between Medicare beneficiaries and prescription drug resellers and drug manufacturers in order to protect such beneficiaries and to ensure that: (1) prescription drug resellers are not artifically increasing prices charged to Medicare beneficiaries (above those negotiated under this Act) in places (such as rural areas) where there is less competition; and (2) such resellers are not colluding on prices in areas with more potential significant competition.
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SECTION 1. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM. (a) Irish Peace Process Cultural and Training Program Act.-- (1) Program participant requirements.--Section 2(a) of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended by adding at the end the following: ``(5) Program participant requirements.--An alien entering the United States as a participant in the program shall satisfy the following requirements: ``(A) The alien shall be a citizen of the United Kingdom or the Republic of Ireland. ``(B) The alien shall be between 21 and 35 years of age on the date of departure for the United States. ``(C) The alien shall have resided continuously in a designated county for not less than 18 months before such date. ``(D) The alien shall have been continuously unemployed for not less than 12 months before such date. ``(E) The alien may not have a degree from an institution of higher education.''. (2) Extension of program.--Section 2 of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended-- (A) in subsection (a)(3), by striking ``the third program year and for the 4 subsequent years,'' and inserting ``each program year,''; and (B) by amending subsection (d) to read as follows: ``(d) Sunset.-- ``(1) Effective October 1, 2008, the Irish Peace Process Cultural and Training Program Act of 1998 is repealed. ``(2) Effective October 1, 2008, section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended-- ``(A) by striking `or' at the end of clause (i); ``(B) by striking `(i)' after `(Q)'; and ``(C) by striking clause (ii).''. (3) Cost-sharing.--Section 2 of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note), as amended by paragraph (2), is further amended-- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b), the following new subsection: ``(c) Cost-sharing.--The Secretary of State shall verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of the costs of the administration of the cultural and training programs carried out pursuant to this Act.''. (4) Technical amendments.--The Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) by striking ``Immigration and Naturalization Service'' each place such term appears and inserting ``Department of Homeland Security''. (b) Immigration and Nationality Act.-- (1) Requirements for nonimmigrant status.--Section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) in clause (ii)(I)-- (i) by striking ``35 years of age or younger having a residence'' and inserting ``citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months''; and (ii) by striking ``36 months)'' and inserting ``24 months)''. (2) Foreign residence requirement.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (A) by redesignating the subsection (p) as added by section 1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection (s); and (B) by adding at the end the following: ``(t)(1) Except as provided in paragraph (2), no person admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such status after admission, shall be eligible to apply for nonimmigrant status, an immigrant visa, or permanent residence under this Act until it is established that such person has resided and been physically present in the person's country of nationality or last residence for an aggregate of at least 2 years following departure from the United States. ``(2) The Secretary of Homeland Security may waive the requirement of such 2-year foreign residence abroad if the Secretary determines that-- ``(A) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or an alien lawfully admitted for permanent residence); or ``(B) the admission of the alien is in the public interest or the national interest of the United States.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Amends the Irish Peace Process Cultural and Training Program Act of 1998 (IPPCTPA) and the Immigration and Nationality Act (INA) to revise the nonimmigrant alien eligibility qualifications for participants in the Irish Peace Process Cultural and Training Program. Sets a minimum age of 21 (retaining the current age 35 maximum) and requires that the individual: (1) be a citizen of the United Kingdom or the Republic of Ireland; (2) have been unemployed continuously for at least 12 months; (3) have resided continuously for at least 18 months in Northern Ireland or one of designated border counties of the Republic of Ireland; and (4) not have a degree from an institution of higher education. Requires the Department of Homeland Security to report to Congress each program year (currently, the third program year and the four subsequent years) on the number of aliens admitted under the program who have overstayed their visas. Extends the authority of the IPPCTPA through FY 2008. Requires the Secretary of State to verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of costs for administration of IPPCTPA programs. Amends the INA to reduce from 36 to 24 months the temporary period of the visit to the United States for participation in the program. Denies any such person eligibility to apply for nonimmigrant status, an immigrant visa, or permanent residence until he or she has resided and been physically present in the country of nationality or last residence for an aggregate of a least two years following departure from the United States. Authorizes the Secretary of Homeland Security to waive this requirement if: (1) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a U.S. citizen or a lawfully resident alien); or (2) the admission of the alien is in the U.S. public or national interest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR SMALL BUSINESSES WHICH PROVIDE HEALTH CARE COVERAGE FOR EMPLOYEES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESSES PROVIDING HEALTH CARE COVERAGE FOR EMPLOYEES. ``(a) In General.--In the case of an eligible small business, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the expenses paid or incurred by the taxpayer for qualified health care coverage of eligible employees, their spouses, and dependents (within the meaning of section 213(a)). ``(b) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) 50 percent if qualified health care coverage is provided by the taxpayer to an average (on days during the taxable year) of 10 or fewer eligible employees of the taxpayer, ``(2) 25 percent if qualified health care coverage is provided by the taxpayer to an average (on such days) of at least 10 but not more than 25 eligible employees of the taxpayer, and ``(3) 15 percent if qualified health care coverage is provided by the taxpayer to an average (on such days) of more than 25 eligible employees of the taxpayer. ``(c) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any taxpayer engaged in a trade or business if the taxpayer meets the requirements of the following paragraphs: ``(1) 50 or fewer employees.-- ``(A) In general.--A taxpayer meets the requirements of this paragraph if the taxpayer employs an average of 50 or fewer employees on business days during the preceding taxable year. ``(B) Taxpayer not in existence.--In any case in which the taxpayer is an entity and is not in existence throughout the preceding taxable year, subparagraph (A) shall be applied by substituting `taxable year' for `preceding taxable year'. ``(2) Gross receipts limitation.-- ``(A) In general.--A taxpayer meets the requirements of this paragraph if the gross receipts of the taxpayer for the preceding taxable year do not exceed $10,000,000. ``(B) Taxpayer not in existence.--In any case in which the taxpayer is an entity and is not in existence throughout the preceding taxable year, subparagraph (A) shall be applied by substituting `taxable year' for `preceding taxable year'. ``(C) Special rules.--For purposes of subparagraph (A), the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply. ``(3) Plan offering requirement.--A taxpayer meets the requirements of the paragraph if-- ``(A) the taxpayer offers qualified health coverage, on the same terms and conditions, to at least 90 percent of the taxpayer's eligible employees, and ``(B) such offering is made at least annually and at such other times and in such manner as the Secretary shall prescribe. ``(4) Plan participation requirement.-- ``(A) In general.--A taxpayer meets the requirements of the paragraph if the average daily percentage of eligible employees who are provided with qualified health coverage by the taxpayer during the taxable year is not less than such average for the preceding taxable year. ``(B) Exceptions.-- ``(i) Not in existence.--Subparagraph (A) shall not apply if the trade or business was not in existence throughout the preceding taxable year. ``(ii) Business decline.--Under regulations prescribed by the Secretary, subparagraph (A) shall not apply to the extent that any reduction in such percentage is the result of a reduction in the number of employees of the taxpayer on account of a reduction in the gross receipts of the taxpayer. ``(5) Minimum employer payment.--A taxpayer meets the requirements of the paragraph if at least 65 percent of the cost of qualified health coverage provided to each eligible employee is borne by the employer (determined without regard to this section). ``(d) Eligible Employees.--For purposes of this section, the term `eligible employee' means any employee of the taxpayer if-- ``(1) such employee is not covered under-- ``(A) any health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law, and ``(2) such employee is not a part-time or seasonal employee. ``(e) Qualified Health Coverage.--For purposes of this section, the term `qualified health coverage' means coverage under a health plan provided by the employer which is substantially equivalent on an actuarial basis to coverage provided chapter 89 of title 5, United States Code. ``(f) Special Rules.--For purposes of this section-- ``(1) Treatment of predecessors.--Any reference in paragraphs (1), (2), and (4) of subsection (c) to an entity shall include a reference to any predecessor of such entity. ``(2) Controlled groups.--All persons treated as a single employer under subsection (b) or (c) of section 52 shall be treated as 1 person. ``(3) Mergers and acquisitions.--Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply. ``(4) Employee to include self-employed.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(5) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a).''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(h) Credit for Small Business Health Insurance Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 36 for the taxable year which is equal to the amount of the credit allowed for such taxable year under section 36(a). ``(2) Controlled groups.--Paragraph (3) of subsection (b) shall apply for purposes of this subsection.''. (c) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Small businesses providing health care coverage for employees. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Small Business Health Care Relief Act of 2008 - Amends the Internal Revenue Code to allow certain small business owners with 50 or fewer employees a refundable tax credit for the payment of a portion of the health care expenses of their employees.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi River Protection and Restoration Act of 2004''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Secretary defined definition. Sec. 4. Environmental management program. Sec. 5. Upper Mississippi River trust fund. Sec. 6. System maintenance. Sec. 7. Lower Mississippi River resource assessment. Sec. 8. Flood mitigation. Sec. 9. Hazard mitigation. Sec. 10. Gulf hypoxia research, coordination, and monitoring. Sec. 11. Wetland restoration demonstration projects. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Mississippi River is a nationally-significant social, cultural, economic, and environmental resource. (2) Millions of jobs depend upon the economic and environmental health of the Mississippi River. (3) The Mississippi River is slowly losing wildlife habitats that support hundreds of wildlife species. (4) Hundreds of communities are reconnecting to the Mississippi River. (5) Direct discharges and runoff into the Mississippi River are contributing to local and regional water quality problems. (b) Purposes.--The purposes of this Act are the following: (1) To protect and restore the Mississippi River. (2) To protect and increase the number of jobs which depend upon the health of the Mississippi River. (3) To help communities reconnect to the Mississippi River. (4) To protect and restore habitat. (5) To use science to aid habitat restoration and water quality enhancement efforts. SEC. 3. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of the Army. SEC. 4. ENVIRONMENTAL MANAGEMENT PROGRAM. (a) Maintenance.--Section 1103(d)(3) of such Act is amended by inserting at the end the following: ``and the maintenance of completed projects on Federal lands.''. (b) Ranking System.--Section 1103(e)(1) of such Act is amended-- (1) in subparagraph (B) by striking ``technical'' and inserting ``science''; (2) at the end of subparagraph (B) by inserting the following: ``The advisory committee shall include scientists, hydrologists, and engineers and shall review and provide public comment on project criteria, selection, and sequencing.''; and (3) by adding at the end the following: ``(C) Project rankings.--The Secretary shall, in consultation with the Independent Technical Advisory Committee and the National Academy of Sciences, develop a system to rank proposed projects. The ranking system shall give greater weight to projects that restore natural river processes, including dam reforms, levee modification and removal, and training structure modification and removal.''. (c) Funding Levels.--Section 1103(e) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended as follows: (1) In paragraph (3)-- (A) by striking ``$22,750,000'' and inserting ``$80,000,000''; (B) by inserting at the end the following: ``For the purposes of carrying out paragraph (1)(A) of this subsection, there is authorized to be appropriated to the Secretary $35,000,000 per fiscal year, to purchase floodplain land from willing sellers.''; and (C) by striking ``thereafter'' and inserting ``until the Trust Fund created in section 5 of the Mississippi River Protection Act of 2004 reaches $2,500,000,000''. (2) In paragraph (4), by striking ``$10,420,000'' and inserting ``$20,000,000''. (3) By striking paragraph (7)(A) and inserting the following: ``(7)(A) The costs of each project carried out pursuant to paragraph (1)(A), including the costs of land acquisition, shall be a Federal responsibility. A non-Federal sponsor shall share 35 percent of the cost of projects constructed on private land.''. (d) Recreational Projects.--Section 1103(f)(2) of such Act is amended-- (1) by striking ``$500,000'' and inserting ``$10,000,000''; (2) by adding at the end the following: ``The Secretary may share the cost of riverfront projects, including trails, parks, interpretive sites, and greenways.''; and (3) by striking ``thereafter'' and inserting ``until the trust fund created in section 5 of the Mississippi River Protection and Restoration Act of 2004 reaches $2,500,000,000''. (e) Reservation.--Section 1103 of such Act is amended by adding at the end the following: ``(k) Funding.--One-half of the funds annually appropriated to operate and maintain the Upper Mississippi River and Illinois Waterway under section 102 of the Water Resources Development Act of 1986 shall be reserved to carry out subsections (e), (f), and (h) of section 1103 of such Act.''. SEC. 5. UPPER MISSISSIPPI RIVER TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Upper Mississippi River Trust Fund'' (referred to in this section as the ``Fund''). (b) Federal Funding.--Until the aggregate amount deposited in the Fund under this subsection is equal to at least $2,500,000,000, the Secretary of the Treasury shall transfer $100,000,000 from the general treasury to the Fund for fiscal year 2005 and each fiscal year thereafter. (c) Non-Federal Funding.--Non-federal funding may also be contributed to the Fund established in subsection (a). (d) Creation of a Non-Profit Corporation.-- (1) In general.--There is established a charitable and non- profit corporation to administer the funds provided by this section, and to encourage, accept, and administer private gifts for the purpose of protecting and restoring the natural resources of the Upper Mississippi River and its floodplain. (2) Members of board of trustees.--The Board of Trustees shall be made up of 11 members appointed by the President and shall include: (A) One representative from each of the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. (B) Six representatives of non profit organizations dedicated to the protection and restoration of the environment or other persons who have demonstrated commitment to the environmental health and expertise related to the Upper Mississippi River. (C) The chairman shall be elected by the trustees from its members for a 1-year term. (D) A majority of the current membership of the Trustees shall constitute a quorum for the transaction of business. (E) One ex-officio representative of the U.S. Fish and Wildlife Service. (F) One ex-officio representative of the U.S. Army Corps of Engineers. (G) One ex-officio representative of the U.S. Environmental Protection Agency. (H) One ex-officio representative of the Natural Resources Conservation Service of the U.S. Department of Agriculture. (3) Term.--A member of the Board of Trustees shall serve a 5 year, nonrenewable term. (4) General powers.--The Board of Trustees shall meet semi- annually to-- (A) allocate the funds annually provided by subparagraph (f); (B) solicit, accept, and use any gift or real or personal property or any income or interest therefrom; (C) acquire by purchase or exchange any real or personal property or interest therein; (D) enter into contracts as may be necessary to carry out its functions; and (E) appoint officers and employees, adopt bylaws, and undertake other such acts as may be necessary to carry out the provisions of this section. (e) Investments.-- (1) In general.--The Secretary of the Treasury shall invest the amounts deposited under subsections (b) and (c) only in interest bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (2) Interest rate.--The Secretary of the Treasury shall invest the amounts in the fund in obligation that carry the highest rate of interest among available obligations of the required maturity. (f) Payments.--All amounts annually credited as interest under subsection (e) shall be available, without fiscal year limitation, to the trust established under subsection (d) after the Fund has been fully capitalized. (g) Use of Funds.--The trust established in subsection (d) may use funds transferred under subsection (f) for the following: (1) Aquatic habitat restoration. (2) Floodplain habitat restoration, including the acquisition of land in fee title from willing sellers. (3) Not less than 5 percent of the funds generated under subsection (f) shall be used to revitalize riverfronts. (4) Such sums as are necessary to administer the Fund, including professional staff and the reimbursement of the expenses of Trustees. (h) Science Advisory Board.--The Science Advisory Board established by section 509(a) of the Water Resources Development Act of 1999 shall annually review and comment on the projects proposed by the Board of Trustees. (i) Consistency.--Nothing in this section shall confer any new regulatory authority on any Federal or non-Federal entity, and the funds used pursuant to subsection (g) shall be subject to all applicable laws and regulations. SEC. 6. SYSTEM MAINTENANCE. (a) In General.--The Secretary shall use the funds provided by section 102 of Public Law 99-662 (33 U.S.C. 2212) to conduct maintenance activities consistent with the needs of the environment, including the following: (1) Water level management. (2) Gate adjustments. (3) Wingdam/dike field modifications. (4) Spillway modifications. (5) Abandoned barge removal. (6) Mooring buoys. (7) Forestry management. (8) Systemic fleeting plan. (9) Fish passage. (10) Other measures that the Secretary determines will reduce the impacts of waterway management and barge movements on aquatic and floodplain habitat. (b) Water Level Management.--Section 102 of Public Law 99-662 (33 U.S.C. 2212) is amended by inserting the following: ``The Secretary shall provide 100 percent of the cost of dredging required to manage water levels to improve the environment.''. (c) Dredged Material Placement.--Section 204 of Public Law 102-580 is amended by inserting the following: ``The Secretary shall develop and implement at full Federal expense a plan to dispose or reuse dredged material from the Upper Mississippi River to eliminate all harmful impacts on floodplain and aquatic habitat.''. (d) Water Level Management Study.--Not later than 6 months after the date of enactment of this Act, the Secretary shall assess the opportunities for water level management that benefits fish and wildlife consistent with commercial navigation. SEC. 7. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT. Section 402 of the Water Resources Development Act of 2000 (114 Stat. 2633) is amended-- (1) by striking subsection (b) and (c) and inserting the following: ``(b) Assessments.--Not later than June 30, 2004, the Secretary shall submit the assessments described in subsection (a) to the appropriate committees of Congress, including planning, construction, and enhancement measures needed to meet habitat needs. ``(c) Demonstration Projects.--To assist in the assessment, the Secretary may implement the following demonstration projects at Federal expense prior to the completion of the report under subsection (b).'' (2) by striking subsection (e) and inserting the following: ``(e) Authorization of Appropriations.--There is authorized to be appropriated-- ``(1) $2,000,000 for the assessment described in subsection (b); and ``(2) $15,000,000 for the demonstration projects described in subsection (c).''. SEC. 8. FLOOD MITIGATION. (a) Section 212(i)(1) of the Water Resources Development Act of 1999 (33 U.S.C. 2332(i)(1); 113 Stat. 291) is amended to read as follows: ``(1) In general.--There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014.''. SEC. 9. HAZARD MITIGATION. (a) Increased Federal Share.--Section 322(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165(e)(1)) is amended by striking ``20 percent'' and inserting ``30 percent.''. (b) Limitation on Total Amount of Federal Contributions.--Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking ``15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs)'' and inserting ``25 percent of the estimated aggregate amount of grants to be made''. SEC. 10. GULF HYPOXIA RESEARCH, COORDINATION, AND MONITORING. (a) Establishment.--To implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River basin. (b) Monitoring Coordination.--The Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other programs authorized to monitor sediment and nutrient loadings into the Mississippi River. (c) Research Coordination.--The Secretary, in collaboration with the Secretary of Commerce, shall administer and coordinate research efforts. (d) Sub-Basin Nutrient Monitoring and Modeling.--Pursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Arkansas River basin. (5) Lower Mississippi River basin. (e) Sub-Basin Collaboration.--The Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas River basin. (6) Lower Mississippi River basin. (f) Authorization of Appropriations.--There are authorized to be appropriated $250,000,000 for each of fiscal years 2003 through 2012 to carry out this section. SEC. 11. WETLAND RESTORATION DEMONSTRATION PROJECTS. (a) Establishment.--The Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce nutrient loadings to the Gulf of Mexico and to sequester carbon. (b) Report.--The Secretary shall annually report on the success of demonstration projects undertaken pursuant to this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2012 to carry out this section.
Mississippi River Protection and Restoration Act of 2004 - Amends the Upper Mississippi River Management Act of 1986 to: (1) allow interagency agreements under such Act between the Secretary of the Army (the Secretary) and the Secretary of the Interior to provide for maintenance of completed projects on Federal lands; (2) direct the Secretary to establish an independent science (currently, technical) advisory committee; (3) require such committee to include scientists, hydrologists, and engineers and to review and provide public comment on project criteria, selection, and sequencing; and (4) direct the Secretary to develop a system to rank proposed projects. Amends the Water Resources Development Act of 1986 to: (1) increase the authorization of appropriations; (2) make project costs a Federal responsibility; (3) require a non-Federal sponsor to share 35 percent of the cost of projects constructed on private land; and (4) authorize the Secretary to share the cost of riverfront projects. Establishes the Upper Mississippi Trust Fund and a charitable and nonprofit corporation to administer funds and gifts. Authorizes the use of Trust funds for aquatic and floodplain habitat restoration, riverfront revitalization, and administrative costs. Directs the Science Advisory Board to annually review projects proposed by the Board of Trustees. Directs the Secretary to establish: (1) at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River Basin; and (2) a consortium of universities to demonstrate the full range of wetland values and functions, to reduce nutrient loadings to the Gulf of Mexico, and to sequester carbon.
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