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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Adoption and Foster Care Home Study Act''. SEC. 2. COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT. Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) is amended-- (1) in section 201(b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) establishing a demonstration program not later than 1 year after the date of the enactment of this Act through which the State-- ``(A) adopts a specific evidence-based, uniform, home study program for the evaluation of prospective foster parents and adoptive parents that incorporate the elements described in section 207A(a) and that-- ``(i) expedites the screening of caregivers to promote more family-based care over institutional care for children; ``(ii) provides cost savings to the State's current foster care and adoption system; ``(iii) reduces the number of children waiting for foster care or adoptive placement; ``(iv) reduces the number of prospective families waiting for foster care or adoptive placement; ``(v) quantifies better outcomes for children that participate; ``(vi) ensures ongoing training of home study certified personnel; and ``(vii) designates a home study auditor to ensure quality control and accuracy of information provided to placing agencies; and ``(B) provides data gathered through operation of the program to the Secretary, as the Secretary may require for purposes of the national registry under section 207A(b).''; and (2) by inserting after section 207 the following: ``SEC. 207A. NATIONAL HOME STUDY STANDARD DEMONSTRATION PROGRAMS; NATIONAL REGISTRY. ``(a) Program Elements.--Each demonstration program established by a State in accordance with section 201(b)(6) shall use the home study methodology developed by the Secretary that shall incorporate-- ``(1) information gathering tools, including-- ``(A) an initial written questionnaire that is a uniform set of closed-ended questions with a variety of possible answers that provides significant family information; ``(B) a secondary in-person questionnaire that is administered in a private setting, and, if applicable, with both applicants present together; and ``(C) guidelines that describe standardized questions that an individual serving as a reference for the applicant uses in writing a reference letter, to be sent directly to such individual and not shared with the applicant, and which is consistent with the questionnaires described in subparagraphs (A) and (B); ``(2) a written guidance document to assist home study practitioners in performing a psychosocial evaluation of the applicant that-- ``(A) provides instructions on how to systematically analyze information learned from the information gathering tools described in paragraph (1) in order to identify specific strengths and concerns of the applicant; ``(B) provides sufficient information for the home study practitioner to determine the significance of behaviors and events in the applicant's life in relation to being a successful foster care or adoption provider; and ``(C) includes a rating system that will be incorporated into the home study report described in paragraph (3); and ``(3) a model report that may, at the discretion of the Secretary, be customized by a State as necessary to comply with State and local regulations and requirements. ``(b) National Registry.--The Secretary shall establish a national registry of home study reports filed by home study practitioners using the home study methodology described in subsection (a). Such registry shall be accessible to State foster care and adoption agencies, or a designated entity as determined by the lead agency in the State to assist with the selection of prospective foster parents and adoptive parents. ``(c) Evaluation.--The Secretary shall enter into a contract with an independent entity to carry out a periodic evaluation of the home study methodology established in subsection (a) and demonstration programs established in accordance with section 201(b)(6).''.
National Adoption and Foster Care Home Study Act This bill amends the Child Abuse Prevention and Treatment Act to direct a state receiving from the Department of Health and Human Services (HHS) a community-based formula grant for the prevention of child abuse and neglect to establish a demonstration program through which the state: adopts a specific evidence-based, uniform, national home study program for the evaluation of prospective foster parents and adoptive parents; and furnishes HHS with data gathered through operation of the program. HHS shall establish a national registry of home study reports filed by home study practitioners using an HHS-developed methodology meeting specified criteria. This registry must be accessible to state foster care and adoption agencies, or a designated entity as determined by the lead agency in the state, to assist with the selection of prospective foster parents and adoptive parents.
{"src": "billsum_train", "title": "National Adoption and Foster Care Home Study Act"}
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SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF ENTRY. Section 13(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Whoever with a drug or alcohol in his or her body operates a motor vehicle at a land border port of entry in a manner that is punishable, because of the presence of the drug or alcohol, if committed within the jurisdiction of the State in which that land border port of entry is located (under the laws of that State in force at the time of the act) shall be guilty of a like offense and subject to a like punishment. ``(3) Any individual who operates a motor vehicle at a land border port of entry is deemed to have given consent to submit to a chemical or other test of the blood, breath, or urine of the driver by an officer or employee of the Immigration and Naturalization Service authorized under section 287(h) of the Immigration and Nationality Act (8 U.S.C. 1357(h)) for the purpose of determining the presence or concentration of a drug or alcohol in such blood, breath, or urine. ``(4) If an individual refuses to submit to such a test after being advised by the officer or employee that the refusal will result in notification under this paragraph, the Attorney General shall give notice of the refusal to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(5) The Attorney General shall give notice of a conviction of an individual under this section for operation of a motor vehicle at a land border port of entry with a drug or alcohol in the body of the individual, to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(6) For purposes of this subsection, the term `land border port of entry' means any land border port of entry (as defined in section 287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3))) that was not reserved or acquired as provided in section 7 of this title.''. SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR ALCOHOL. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(h)(1) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General is inspecting a driver at a land border port of entry and has reasonable grounds to believe that, because of alcohol in the body of the driver, operation of a motor vehicle by the driver is an offense under section 13 of title 18, United States Code, the officer or employee may require the driver to submit to a test of the breath of the driver to determine the presence or concentration of the alcohol. ``(2) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General arrests a driver under this section for operation of a motor vehicle in violation of section 13 of title 18, United States Code, because of a drug or alcohol in the body of the driver, the officer or employee may require the driver to submit to a chemical or other test to determine the presence or concentration of the drug or alcohol in the blood, breath, or urine of the driver. ``(3) For purposes of this subsection: ``(A) The term `driver' means an individual who is operating a motor vehicle at a land border port of entry. ``(B) The term `land border port of entry' means any immigration checkpoint operated by the Immigration and Naturalization Service at a land border between a State (as that term is used in section 13 of title 18, United States Code) and a foreign state.''. SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 294 (8 U.S.C. 1363a) the following: ``notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol ``Sec. 295. At each point where motor vehicles regularly enter a land border port of entry (as defined in section 287(h)(3)), the Attorney General shall post a notice that operation of a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry is an offense under Federal law.''. (b) Clerical Amendment.--The first section of the Immigration and Nationality Act is amended in the table of contents by inserting after the item relating to section 294 the following: ``Sec. 295. Notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol.''. SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG OR ALCOHOL. Not more than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations authorizing an officer or employee of the Immigration and Naturalization Service to impound a vehicle, if the individual who operates the vehicle refuses to submit to a chemical or other test under section 13(a)(3) of title 18, United States Code. SEC. 5. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act.
(Sec. 2) Amends the Immigration and Nationality Act (INA) to authorize an INS officer who: (1) inspects a driver at a land border port of entry and who has reasonable grounds to believe that the driver may be operating a motor vehicle in violation of State laws to require the driver to submit to a breath test to determine the presence or concentration of the alcohol; and (2) arrests a driver for such prohibited operation of a motor vehicle to require the driver to submit to a drug or alcohol test. (Sec. 3) Amends the INA to require the Attorney General, at each point where motor vehicles regularly enter a land border port of entry, to post a notice that operation of a motor vehicle with a drug or alcohol in the driver's body at a land border port of entry is an offense under Federal law. (Sec. 4) Directs the Attorney General to issue regulations authorizing an INS officer to impound a vehicle if the individual who operates it refuses to submit to such a test.
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SECTION 1. ONE-TIME DISTRIBUTION FROM RETIREMENT PLANS TO FUND HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 402 of the Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new subsection: ``(l) HSA Funding Distribution.-- ``(1) In general.--In the case of an employee who is an eligible individual and who elects the application of this subsection for a taxable year, gross income of the employee for the taxable year does not include a qualified HSA funding distribution. ``(2) Qualified hsa funding distribution.--For purposes of this subsection, the term `qualified HSA funding distribution' means a distribution from an eligible retirement plan of the employee to the extent that such distribution is contributed to the health savings account of the employee not later than the 60th day after the day on which the employee receives such distribution or in a direct trustee-to-trustee transfer. ``(3) Limitation.-- ``(A) Maximum dollar limitations based on coverage in effect at time of contribution.--The amount excluded from gross income by paragraph (1) shall not exceed-- ``(i) in the case of an individual who has self-only coverage under a high deductible health plan as of the first day of the month in which the qualified HSA funding distribution is contributed to the health savings account of the employee, the lesser of-- ``(I) the amount specified under clause (i) of section 223(b)(2)(A), or ``(II) the amount in effect for the taxable year under clause (ii) of section 223(b)(2)(A) (determined without regard to paragraphs (3) and (4)(C) of section 223(b)), reduced by any amount contributed to such account for such taxable year before the date of the qualified HSA funding distribution contribution, and ``(ii) in the case of an individual who has family coverage under a high deductible health plan as of the first day of the month in which the qualified HSA funding distribution is contributed to the health savings account of the employee, the lesser of-- ``(I) the amount specified under clause (i) of section 223(b)(2)(B), or ``(II) the amount in effect for the taxable year under clause (ii) of section 223(b)(2)(B) (determined without regard to paragraphs (3) and (4)(C) of section 223(b)), reduced by any amount contributed to such account for such taxable year before the date of the qualified HSA funding distribution contribution. ``(B) One-time transfer.--The election under paragraph (1) shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, shall be irrevocable. ``(4) Distributions must otherwise be includible.-- ``(A) In general.--An amount shall be treated as a distribution for purposes of paragraph (1) only to the extent that such amount would be includible in gross income without regard to paragraph (1). ``(B) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of subparagraph (A), the aggregate amounts distributed from an eligible retirement plan in a taxable year shall be treated as includible in gross income (without regard to subparagraph (A)) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(5) Definitions.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B), except that such term shall also include an eligible deferred compensation plan maintained by an eligible employer described in section 457(e)(1)(B). ``(B) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(6) Special rules.--For purposes of this subsection-- ``(A) Related plans treated as 1.--All eligible retirement plans of an employer shall be treated as a single plan. ``(B) Surviving spouses, dependents, and alternate payees.--With respect to an eligible retirement plan of an employer, a surviving spouse, a dependent of the surviving spouse, or alternate payee (as defined in section 414(p)(8)) of a former employee shall be treated in the same manner as the former employee.''. (b) Coordination With Limitation on Contributions to Health Savings Accounts.--Section 223(b)(4) of such Code (relating to coordination with other contributions) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the aggregate amount contributed to health savings accounts of such individual for such taxable year under section 402(l) (and such amount shall not be allowed as a deduction under subsection (a)).''. (c) 10-Percent Penalty on Early Distributions not to Apply.-- Section 72(t)(2)(A) of such Code (relating to subsection not to apply to certain distributions) is amended by striking ``or'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ``, or'', and by inserting after clause (vii) the following new clause: ``(viii) a qualified HSA funding distribution (as defined by section 402(l)).''. (d) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code (relating to cash or deferred arrangements) is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the funding of a health savings account under section 402(l), and''. (2) Section 402(c)(4) of such Code (relating to rules applicable to rollovers from exempt trusts) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) any qualified HSA funding distribution (as defined by subsection (l)).''. (3) Section 403(a) of such Code (relating to taxability of beneficiary under a qualified annuity plan) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (4) Section 403(b) of such Code (relating to taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (5) Section 457(a) of such Code (relating to year of inclusion in gross income) is amended by adding at the end the following new paragraph: ``(3) Special rule for qualified hsa funding distribution.--To the extent provided in section 402(l), paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.''. (e) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2004.
Amends the Internal Revenue Code to exclude from the gross income of an employee covered under a high deductible health care plan a distribution from such employee's qualified retirement plan to fund a health savings account. Exempts such a distribution from the 10 percent penalty on early distributions from qualified retirement plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2013''. SEC. 2. TABLE OF CONTENTS. The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: ``Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies.''. SEC. 3. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been the subject of a final determination under section 113''. (b) Bank Holding Company Designation.--Section 113 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) is amended-- (1) by amending the heading for such section to read as follows: ``authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies''; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: ``(c) Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards Under Section 165.-- ``(1) Determination.--The Council, on a nondelegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. ``(2) Considerations.--In making a determination under paragraph (1), the Council shall use an indicator-based measurement approach, and consider-- ``(A) the size of the bank holding company; ``(B) the interconnectedness of the bank holding company; ``(C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; ``(D) the global cross-jurisdictional activity of the bank holding company; and ``(E) the complexity of the bank holding company.''; (4) in subsection (d), as so redesignated-- (A) in paragraph (1)(A), by striking ``subsection (a)(2) or (b)(2)'' and inserting ``subsection (a)(2), (b)(2), or (c)(2)''; and (B) in paragraph (4), by striking ``Subsections (d) through (h)'' and inserting ``Subsections (e) through (i)''; (5) in subsections (e), (f), (g), (h), (i), and (j)-- (A) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsections (a), (b), and (c)''; and (B) by striking ``nonbank financial company'' each place such term appears and inserting ``bank holding company for which there has been a determination under subsection (c) or nonbank financial company''; (6) in subsection (g), as so redesignated, by striking ``subsection (e)'' and inserting ``subsection (f)''; (7) in subsection (h), as so redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a), (b), (c), or (d)''; and (8) in subsection (i), as so redesignated, by striking ``subsection (d)(2), (e)(3), or (f)(5)'' and inserting ``subsection (e)(2), (f)(3), or (g)(5)''. (c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''. (d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been the subject of a final determination under section 113''. (e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended-- (1) in subsection (a), by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been the subject of a final determination under section 113''; and (2) in subsection (c), by striking ``subsection (a) or (b) of section 113'' and inserting ``subsection (a), (b), or (c) of section 113''. (f) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been the subject of a final determination under section 113''. SEC. 4. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been the subject of a final determination under section 113''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) by striking ``(A) in general.--''; and (B) by striking subparagraph (B); (3) by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''; and (4) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''.
Systemic Risk Designation Improvement Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council to determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System, if the Council makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. Prescribes an indicator-based measurement approach to be considered by the Council.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Law Enforcement and Mental Health Project''. SEC. 2. FINDINGS. Congress finds that-- (1) fully 16 percent of all inmates in State prisons and local jails suffer from mental illness, according to a July, 1999 report, conducted by the Bureau of Justice Statistics; (2) between 600,000 and 700,000 mentally ill persons are annually booked in jail alone, according to the American Jail Association; (3) estimates say 25 to 40 percent of America's mentally ill will come into contact with the criminal justice system, according to National Alliance for the Mentally Ill; (4) 75 percent of mentally ill inmates have been sentenced to time in prison or jail or probation at least once prior to their current sentence, according to the Bureau of Justice Statistics in July, 1999; and (5) Broward County, Florida and King County, Washington, have created separate Mental Health Courts to place nonviolent mentally ill offenders into judicially monitored inpatient and outpatient mental health treatment programs, where appropriate, with positive results. SEC. 3. MENTAL HEALTH COURTS. (a) Amendment.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part U (42 U.S.C. 3796hh et seq.) the following: ``PART V--MENTAL HEALTH COURTS ``SEC. 2201. GRANT AUTHORITY. ``The Attorney General shall make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for not more than 100 programs that involve-- ``(1) continuing judicial supervision, including periodic review, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders, who are charged with misdemeanors or nonviolent offenses; and ``(2) the coordinated delivery of services, which includes-- ``(A) specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender; ``(B) voluntary outpatient or inpatient mental health treatment, in the least restrictive manner appropriate, as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment; ``(C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's cases, including violations of probation, and the coordination of all mental health treatment plans and social services, including life skills training, such as housing placement, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services; and ``(D) continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period. ``SEC. 2202. DEFINITIONS. ``In this part-- ``(1) the term `mental illness' means a diagnosable mental, behavioral, or emotional disorder-- ``(A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and ``(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; and ``(2) the term `preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders' means a person who-- ``(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or ``(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and ``(B) is deemed eligible by designated judges. ``SEC. 2203. ADMINISTRATION. ``(a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. ``(b) Use of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. ``(c) Regulatory Authority.--The Attorney General shall issue regulations and guidelines necessary to carry out this part which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program. ``(d) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall-- ``(1) include a long-term strategy and detailed implementation plan; ``(2) explain the applicant's inability to fund the program adequately without Federal assistance; ``(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; ``(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; ``(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority; ``(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program; ``(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; ``(8) describe the methodology and outcome measures that will be used in evaluating the program; and ``(9) certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation. ``SEC. 2204. APPLICATIONS. ``To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may reasonably require. ``SEC. 2205. FEDERAL SHARE. ``The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2204 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this part shall be limited to new expenses necessitated by the proposed program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may constitute a portion of the non-Federal share of a grant. ``SEC. 2206. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives. ``SEC. 2207. REPORT. ``A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this part. ``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. ``(a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. ``(b) Evaluations.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. ``(c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.''. (b) Technical Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by inserting after part U the following: ``Part V--Mental Health Courts ``Sec. 2201. Grant authority. ``Sec. 2202. Definitions. ``Sec. 2203. Administration. ``Sec. 2204. Applications. ``Sec. 2205. Federal share. ``Sec. 2206. Geographic distribution. ``Sec. 2207. Report. ``Sec. 2208. Technical assistance, training, and evaluation.''. (c) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting after paragraph (19) the following: ``(20) There are authorized to be appropriated to carry out part V, $10,000,000 for each of fiscal years 2001 through 2004.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Defines: (1) "mental illness" as a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, that has resulted in functional impairment that substantially interferes with or limits one or more major life activities; and (2) "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" to mean a person who previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental and substance abuse disorders or who manifests obvious signs of mental illness, mental retardation, or co-occurring mental and substance abuse disorders during arrest or confinement or before any court and is deemed eligible by designated judges. Directs the Attorney General to issue regulations and guidelines necessary to carry out this Act, including the methodologies and outcome measures proposed for evaluating each applicant program. Includes among grant requirements a requirement that applicants certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in program implementation, including the State mental health authority. Sets forth provisions regarding application requirements, the Federal cost share (75 percent), geographic distribution of grants, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Immigration and Customs Enforcement Authorization Act''. SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (a) In General.--Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended to read as follows: ``SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. ``(a) Establishment.--There is established within the Department an agency to be known as United States Immigration and Customs Enforcement. ``(b) Director of United States Immigration and Customs Enforcement.--There shall be at the head of United States Immigration and Customs Enforcement a Director of United States Immigration and Customs Enforcement (in this section referred to as the `Director'), who shall be appointed by the President, by and with the advice and consent of the Senate. ``(c) Duties and Qualifications.--The Director shall-- ``(1) have a minimum of five years professional experience in law enforcement, and a minimum of five years management experience; ``(2) have the power to investigate and, where appropriate, refer for prosecution, any criminal violation of Federal law relating to or involving-- ``(A) border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; ``(B) customs, trade, or import or export control, including the illicit possession, movement of, or trade in goods, services, property, contraband, arms, instruments of terrorism, items controlled or prohibited from export, pornography, intellectual property, or monetary instruments; ``(C) transnational money laundering or bulk cash smuggling; ``(D) immigration or naturalization; ``(E) gangs or criminal syndicates engaged in transnational criminal activity; ``(F) chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; ``(G) the employment or abuse of an alien, including trafficking and peonage, labor violations, sexual exploitation, pornography, prostitution, or sex tourism; ``(H) identification, travel, or employment documents; ``(I) unlawful use of personal information, including immigration document fraud, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, travel, or transportation security; and ``(J) travel security; ``(3) coordinate with Federal, State, local, tribal, and foreign agencies to promote the efficient-- ``(A) investigation of criminal violations of the border security, terrorism, customs, immigration, naturalization, trade, travel, and transportation laws of the United States; and ``(B) civil enforcement of immigration laws, as such term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); ``(4) in coordination with the Department of State and the Office of International Affairs of the Department, establish staff liaison offices and vetted units in appropriate foreign countries to support the counterterrorism efforts and other international activities and relationships of United States Immigration and Customs Enforcement; ``(5) establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director's assigned duties, including the Centers specified in subparagraphs (B) and (C) of subsection (f)(3); and ``(6) carry out the duties and powers prescribed by law or delegated by the Secretary. ``(d) General Enforcement Powers.--The Director may authorize agents and officers of United States Immigration and Customs Enforcement to-- ``(1) execute any warrants issued under the laws of the United States; ``(2) issue and serve administrative or judicial subpoenas and summonses; ``(3) carry firearms; ``(4) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; ``(5) seize any property, whether real or personal, that is involved in any violation or attempted violation, or which constitutes proceeds traceable to a violation, of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; ``(6) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; and ``(7) issue civil detainers for purposes of immigration enforcement. ``(e) Deputy Director.--There shall be in United States Immigration and Customs Enforcement a Deputy Director who shall assist the Director in the management of United States Immigration and Customs Enforcement. ``(f) Office of Homeland Security Investigations.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of Homeland Security Investigations. ``(2) Executive associate director.--There shall be at the head of the Office of Homeland Security Investigations an Executive Associate Director, who shall report to the Director. ``(3) Duties.--The Office of Homeland Security Investigations shall-- ``(A) serve as the law enforcement office of United States Immigration and Customs Enforcement with primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; ``(B) administer the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established under such section, and use such information to carry out the enforcement functions of United States Immigration and Customs Enforcement; ``(C) administer a National Intellectual Property Rights Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of intellectual property offenses; ``(D) administer a National Export Enforcement Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of Export Control offenses; ``(E) enforce Federal law relating to-- ``(i) the unlawful employment of aliens; and ``(ii) immigration document fraud; and ``(F) carry out other duties and powers prescribed by the Director. ``(g) Office of Enforcement and Removal Operations.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of Enforcement and Removal Operations. ``(2) Executive associate director.--There shall be at the head of the Office of Enforcement and Removal Operations an Executive Associate Director, who shall report to the Director. ``(3) Duties.--The Office of Enforcement and Removal Operations shall-- ``(A) identify, arrest, detain, and remove aliens who-- ``(i) engage in terrorist activities, are affiliated with a terrorist organization, or otherwise present a national security or public safety risk to the United States; ``(ii) undermine the border security efforts and operations of the United States; ``(iii) enter the United States in violation of Federal law; or ``(iv) are otherwise subject to exclusion, deportation, or removal from the United States; and ``(B) carry out other duties and powers prescribed by the Director. ``(h) Office of the Principal Legal Advisor.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of the Principal Legal Advisor. ``(2) Principal legal advisor.--There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor, who shall report to the General Counsel of the Department. ``(3) Duties.--The Office of the Principal Legal Advisor shall provide specialized legal advice and policy guidance to the Director and shall represent the Department in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review. ``(i) Office of Professional Responsibility.-- ``(1) In general.--There is established in the United States Immigration and Customs Enforcement the Office of Professional Responsibility. ``(2) Assistant director.--There shall be at the head of the Office of Professional Responsibility an Assistant Director, who shall report to the Director. ``(3) Duties.--The Office of Professional Responsibility shall-- ``(A) investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Immigration and Customs Enforcement, or, as delegated by the Secretary, any employee or contractor of the Department that are not subject to investigation by the Inspector General of the Department; ``(B) inspect and review United States Immigration and Customs Enforcement's offices, operations, and processes, including detention facilities operated or used by United States Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement's organizational health, effectiveness, and efficiency of mission; and ``(C) provide and manage the security programs and operations for United States Immigration and Customs Enforcement. ``(j) Other Authorities.-- ``(1) In general.--The Secretary may establish such other Executive Associate Directors, Assistant Directors, agents, officers, or other offices as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Immigration and Customs Enforcement. ``(2) Notification.--If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising the authority described in paragraph (1). ``(k) Other Federal Agencies.--Nothing in this section shall be construed to limit the existing authority of any other Federal agency.''. (b) Special Rules.-- (1) Treatment.--Section 442 of the Homeland Security Act of 2002, as amended by subsection (a) of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 442, United States Immigration and Customs Enforcement shall continue to perform and carry out the functions, missions, duties, and authorities under section 442 of such Act as in existence on the day before such date of enactment. (2) Rules of construction.-- (A) Rules and regulations.--Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. (B) Other actions.--Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. (c) Continuation in Office.-- (1) Director.--The individual serving as Assistant Secretary for United States Immigration and Customs Enforcement on the day before the date of the enactment of this Act may continue to serve as the Director of United States Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by this Act until the earlier of-- (A) the date on which such individual is no longer eligible to serve as Director; or (B) the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such amended section 442. (2) Other positions.--The individuals serving as the Deputy Director, Executive Associate Directors, Assistant Directors, and other officers and employees under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Assistant Directors and other officers and employees under such section 442 as amended by subsection (a) of this section unless the Director of United States Immigration and Customs Enforcement determines that another individual should hold such position. (d) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 442 and inserting the following: ``Sec. 442. Establishment of United States Immigration and Customs Enforcement.''. (e) Transportation.--Section 1344(b)(6) of title 31, United States Code, is amended by inserting ``the Director of United States Immigration and Customs Enforcement, the Commissioner of Customs and Border Protection,'' after ``the Administrator of the Drug Enforcement Administration,''. (f) Conforming Amendments.-- (1) Title 5.--Section 5314 of title 5, United States Code, is amended by inserting after ``Director of the Bureau of Citizenship and Immigration Services.'' the following new item: ``Director of United States Immigration and Customs Enforcement.''. (2) Homeland security act of 2002.--The Homeland Security Ac of 2002 is amended-- (A) in subsection (a)(2)(C) of section 451 (6 U.S.C. 271), by striking ``at the same level as the Assistant Secretary of the Bureau of Border Security'' and inserting ``in accordance with section 5314 of title 5, United States Code''; (B) in subsection (c) of section 459 (6 U.S.C. 276), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Director of United States Immigration and Customs Enforcement''; (C) in subsection (b)(2)(A) of section 462 (6 U.S.C. 279), in the matter preceding clause (i), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Director of United States Immigration and Customs Enforcement''; (D) by repealing sections 443, 445, and 446 (6 U.S.C. 253, 255, and 256); and (E) in section 1(b), by striking the items relating to sections 445 and 446.
Amends the Homeland Security Act of 2002 with respect to the establishment in the Department of Homeland Security (DHS) of United States Immigration and Customs Enforcement (ICE) (formerly the Bureau of Immigration and Customs Enforcement).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Warrior Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The report of the Department of Defense Science Board Task Force on Resilient Military Systems and the Advanced Cyber Threat finds that ``[i]t is not clear that high-end cyber practitioners can be found in sufficient numbers within typical recruitments pools''. (2) The report recommends that ``[t]he Department must scale up its efforts to recruit, provided facilities and training, and use effectively these critical people''. (3) The National Guard has the authority to operate on active duty under title 10, United States Code, and in National Guard status under title 32, United States Code. (4) The National Guard can leverage the expertise of private sector information technology (IT) specialists and help retain the capability of retiring military personnel trained in cybersecurity matters. (5) The National Guard in its status under title 32, United States Code, supports the Department of Homeland Security and the Governors of the States in responding to natural disasters. SEC. 3. ENHANCEMENT OF PREPARATION FOR AND RESPONSE TO CYBER EMERGENCIES. (a) Establishment of Cyber and Computer Network Incident Response Teams.-- (1) In general.--The Secretary of Defense shall establish in each of the several States and the District of Columbia a separate team of members of the National Guard under section 12310(d) of title 10, United States Code (as amended by subsection (b)), and section 510 of title 32, United States Code (as added by subsection (c)), to perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (2) Designation.--Each team established under paragraph (1) shall be known as a ``Cyber and Computer Network Incident Response Team''. (b) Use of Active National Guard Personnel.--Section 12310 of title 10, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Operations Relating to Protection of Public and Private Cyber Infrastructure.--(1) Notwithstanding subsection (b), a member of the National Guard on active duty as described in subsection (a), or a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in subsection (a), may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(2) The duties of members under this subsection may include duties to assist the combatant commands in developing and expanding their capacity relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(3) The duties performed by members under this subsection may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. ``(4) Notwithstanding section 502(f) of title 32, the costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a member of the National Guard performing duties under this subsection shall be paid from the appropriation that is available to pay such costs for members of the regular component of the armed force of that member. ``(5) Members of the National Guard on active duty who are performing duty described in this subsection shall be counted against the annual end strength authorizations required by section 115(a)(1) of this title. The justification materials for the defense budget request for a fiscal year shall identify the number and component of members of the National Guard programmed to be performing duties described in this subsection during that fiscal year. ``(6) Members may not perform duties under this subsection unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements.''. (c) Use of National Guard Personnel Performing Training or Drill.-- (1) In general.--Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 510. Preparation for and response to cyber emergencies ``Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, members of the National Guard performing training or drill required by this chapter may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network, including in connection with cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item: ``510. Preparation for and response to cyber emergencies.''. (d) Homeland Defense Activities.-- (1) In general.--Chapter 9 of title 32, United States Code, is amended by inserting after section 902 the following new section: ``Sec. 902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies ``(a) In General.--The homeland defense activities for which funds may be provided under this chapter shall include the following: ``(1) The provision by units or members of the National Guard of education and training for State and local law enforcement and governmental personnel on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(2) Upon the order of the Governor of the State, the performance by units or members of the National Guard of activities being undertaken by the State government and local governments in the State on analysis and protection to prepare for and respond to emergencies described in paragraph (1). ``(b) Members Authorized To Perform Activities.--The members of the National Guard who may perform activities authorized by this section are members on full-time National Guard duty under section 502(f) of this title. ``(c) Performance in Connection With Cyber and Computer Network Incident Response Teams.--The activities performed by members under this section may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. ``(d) Inapplicability of Certain Requirements and Limitations.--The performance of activities under this section by members of the National Guard shall not be subject to the requirements and limitations in subsections (b), (c), and (d) of section 904 of this title. ``(e) Definitions.--In this section: ``(1) The term `Governor', in the case of the District of Columbia, means the commanding general of the District of Columbia National Guard. ``(2) The term `State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Territories of the United States.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 902 the following new item: ``902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies.''. (e) Training on Cyber Duties.-- (1) In general.--The Secretary of the Army and the Secretary of the Air Force shall ensure that the training provided to members of the Army National Guard and the Air National Guard, respectively, on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network shall, to the extent practicable, be equivalent to the training provided members of the regular component of the Army and the Air Force on such matters. (2) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the training provided to members of the Army National Guard and the Air National Guard pursuant to paragraph (1) on the matters described in that paragraph. Each report shall include a description of the training currently provided to members of the Army National Guard and the Air National Guard on such matters, and such recommendations as the Secretary considers appropriate for improvements to such training in order to better align such training for members of the Army National Guard and the Air National Guard, on the one hand, and members of the regular component of the Army and the Air Force, on the other. (f) Additional Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (1) A description and assessment of various mechanisms to recruit and retain members of the regular components and reserve components of the Armed Forces with expertise in computer network defense and operations, including modifications of the curricula for the Reserve Officers' Training Corps programs, enhanced opportunities for individuals to select their preferred Armed Force of accession, payment of recruitment and retention bonuses, the provision of educational scholarships and stipends, and enhanced funding of training and certification programs. (2) An assessment of the circumstances (including short- term deployment, virtual deployment, or both) under which members of the reserve components with computer network defense duties can be managed without the geographic relocation of such members. (3) A description of the training requirements and physical demands, if any, for military occupational specialties relating to computer network defense.
Cyber Warrior Act of 2013 - Directs the Secretary of Defense (DOD) to establish in each state and the District of Columbia a separate team of National Guard members to be known as the Cyber and Computer Network Incident Response Team to perform analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. Authorizes National Guard members to assist the combatant commands in developing and expanding their capacity to prepare for and respond to such events. Prohibits members from performing such duties unless the Secretary certifies to Congress that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements. Requires the homeland defense activities for which the Secretary is authorized to provide funds to a governor for National Guard units to include: (1) the National Guard's provision of cyber emergency education and training for state and local law enforcement and governmental personnel; and (2) upon a governor's order, the National Guard's performance of activities undertaken by state and local governments to prepare for and respond to such emergencies. Sets forth requirements for the Secretaries of the Army and the Air Force to provide appropriate cyber training to members of the Army National Guard and Air National Guard.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Childrens' Media Protection Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On average, a child in the United States is exposed to 27 hours of television each week, and some children are exposed to as much as 11 hours of television each day. (2) The average American child watches 8,000 murders and 100,000 acts of other violence on television by the time the child completes elementary school. (3) By the age of 18 years, the average American teenager has watched 200,000 acts of violence on television, including 40,000 murders. (4) The Times Mirror Center reports that a recent poll of Americans indicates that 72 percent of the American people believe that there is too much violence on television, and, according to a survey by U.S. News and World Report dated May 1994, 91 percent of American voters believe that mayhem in the media contributes to violence in real life. (5) On several occasions since 1975, The Journal of the American Medical Association has alerted the medical community to the adverse effects of televised violence on child development, including an increase in the level of aggressive behavior and violent behavior among children who view it. (6) The National Commission on Children recommended in 1991 that producers of television programs exercise greater restraint in the content of programming for children. (7) A report of the Harry Frank Guggenheim Foundation, dated May 1993, indicates that there is an irrefutable connection between the amount of violence depicted in the television programs watched by children and increased aggressive behavior among children. (8) It is in the National interest that parents be empowered with the technology to block the viewing of television programs whose content is overly violent or objectionable for other reasons. (9) Technology currently exists to permit the manufacture of television receivers that are capable of permitting parents to block television programs having violent or otherwise objectionable content. SEC. 3. ESTABLISHMENT OF TELEVISION VIOLENCE RATING CODE. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following: ``(v) Prescribe, in consultation with television broadcasters, cable operators, appropriate public interest groups, and interested individuals from the private sector, rules for rating the level of violence in television programming, including rules for the transmission by television broadcast systems and cable systems of signals containing specifications for blocking violent programming.''. SEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS. Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as amended by section 3, is further amended by adding at the end the following: ``(w) Require, in the case of apparatus designed to receive television signals that are manufactured in the United States or imported for use in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus-- ``(1) be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and ``(2) enable viewers to block display of all programs with a common rating.''. SEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS. (a) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by adding after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States any apparatus described in section 303(w) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. ``(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading it. ``(3) The rules prescribed by the Commission under this subsection shall provide performance standards for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by the Commission. ``(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers.''. (b) Conforming Amendment.--Section 330(d) of such Act, as redesignated by subsection (a)(1), is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(w)''. SEC. 6. ELIMINATION OF VIOLENT PROGRAMMING ON TELEVISION DURING CERTAIN HOURS. Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et seq.) is amended by adding at the end the following: ``prohibition on violent programming ``Sec. 105. (a) The Commission shall, within 30 days of the date of the enactment of this Act, initiate a rule-making proceeding to prescribe a prohibition on the broadcast on commercial television and by public telecommunications entities, including the broadcast by cable operators, from the hours of 6 a.m. to 10 p.m., inclusive, of programming that contains gratuitous violence. ``(b) As used in this section: ``(1) The term `cable operator' has the meaning given such term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). ``(2) The term `programming' includes advertisements but does not include bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. ``(3) The term `public telecommunications entity' has the meaning given such term in section 397(12) of the Communications Act of 1934 (47 U.S.C. 397(12)).''. SEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND INFORMATIONAL PROGRAMMING FOR CHILDREN. (a) Broadcast Television.--Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following: ``(k) Educational and Information Programming for Children.--In granting an application for a license for a television broadcasting station (including an application for renewal of such a license), the Commission shall impose such conditions upon the applicant as the Commission requires in order to ensure that the applicant complies under the license with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and otherwise serves the educational and informational needs of children through its overall programming.''. (b) Cable Service.--Part III of title VI of the Communications Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the following: ``educational and information programming for children ``Sec. 629. A franchise, including the renewal of a franchise, may not be awarded under this part unless the cable operator to be awarded the franchise agrees to comply with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and to otherwise serve the educational and informational needs of children in the provision of cable service under the franchise.''.
Childrens' Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) prescribe rules for the rating of violence levels in television programming, including rules for the transmission of signals containing specifications for blocking violent programming; and (2) require television sets with picture screens of 13 inches or more to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped. Requires performance standards for blocking technology. (Sec. 6) Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between six o'clock a.m. and ten o'clock p.m., inclusively, of programming that contains gratuitous violence. (Sec. 7) Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming. Prohibits a cable franchise award or renewal unless the cable operator complies with such standards.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial District Authorization Act of 2008''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Centennial District in the Commonwealth of Pennsylvania was the site of an international exhibition to celebrate the Centennial of the United States in 1876; (2) held only 11 years after the end of the Civil War, the Centennial Exhibition was both a national celebration of unity and a recognition by the world community that the United States was emerging as the leading country in the world; (3) the Centennial Exhibition displayed 60,000 exhibits from more than 28 countries around the world in 240 buildings and hosted nearly 10,000,000 visitors, which is estimated to be nearly 25 percent of the population of the United States at the time of the Exhibition; (4) the Centennial Exhibition became the center of cultural, technological, economic, and geopolitical development in the United States by demonstrating groundbreaking innovations, including root beer, the telephone, kindergarten, the typewriter, the phonograph, and the monorail; (5) there are more than 100 United States companies that displayed at the Centennial Exhibition that are still in business today, including Bausch and Lomb, John Deere, Campbell's, Heinz, and Wyeth; (6) the Centennial District is located in Fairmount Park, which is listed on the National Register of Historic Places; (7) Memorial Hall, a centerpiece of the Centennial celebration is-- (A) listed on the National Register of Historic Places; and (B) being renovated to join other cultural institutions as an anchor for the Centennial District; and (8) the Centennial District would commemorate the historic significance of the Centennial celebration in the history of the United States. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret for the educational and inspirational benefit of the public the contribution to the heritage of the United States of certain historic and cultural land in the Centennial Historic District, with an emphasis on harnessing the unique urban environment of the District for the educational and recreational values offered by the District; and (2) to enhance economic and cultural redevelopment in the District by preserving the history of the United States Centennial Celebration. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the City of Philadelphia, Pennsylvania. (2) Commission.--The term ``Commission'' means the Fairmount Park Commission. (3) District.--The term ``District'' means the Centennial Historic District established by section 4(a). (4) Management plan.--The term ``management plan'' means the plan prepared under section 5(b). (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior; or (B) the head of any Federal agency to which funds are appropriated to carry out this Act. SEC. 4. ESTABLISHMENT OF CENTENNIAL HISTORIC DISTRICT. (a) Establishment.--There is established in the City the Centennial Historic District. (b) Boundaries.--The District shall be comprised of land in the City under the jurisdiction of the Commission, the boundaries of which are depicted on map ``A'' of the maps entitled ``Fairmount Park's Proposed Centennial Authorization Boundary'' and dated December 2007. SEC. 5. ADMINISTRATION OF CENTENNIAL HISTORIC DISTRICT. (a) In General.--The Secretary may make grants to, and enter into cooperative agreements with, any State or local government agencies, any nonprofit entities designated by the Secretary to operate the District, and any leaseholders for-- (1) the preparation of the management plan; and (2) the implementation of projects approved by the Secretary under the management plan. (b) Management Plan.-- (1) In general.--The Secretary shall prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District. (2) Requirements.--The management plan shall include-- (A) an evaluation of-- (i) the condition of historic and architectural resources in the District; and (ii) the environmental conditions in the District; and (B) recommendations for-- (i) rehabilitating, reconstructing, and adaptively reusing the historic and architectural resources evaluated under subparagraph (A)(i); (ii) preserving viewsheds, focal points, and streetscapes in the District; (iii) establishing gateways to the District; (iv) establishing and maintaining parks and public spaces in the District; (v) developing public parking areas in the District; (vi) improving pedestrian and vehicular circulation in the District; and (vii) improving security in the District. (c) Restoration, Maintenance, and Interpretation.-- (1) In general.--The Secretary may enter into cooperative agreements with the City, any agents of the City, and designated partners within the District under which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of any property of historical or cultural significance in the District, as identified in the management plan. (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall contain provisions requiring that-- (A) the Secretary have the right of access at reasonable times to public portions of the property for interpretive and other purposes; and (B) no changes or alterations be made to the property unless the changes or alterations are approved by all parties to the cooperative agreement. (d) Capital Projects.-- (1) In general.--The Secretary shall provide financial assistance to projects for capital improvements in the District in accordance with this subsection. (2) Application.--To be eligible for financial assistance under paragraph (1), an entity shall submit to the Secretary an application that includes a description of the manner in which the proposed project would further the purposes of the District. (3) Considerations.--In making amounts available under this subsection, the Secretary shall-- (A) consider which proposed projects provide the greatest leverage of Federal funds; and (B) give priority consideration to projects relating to-- (i) providing gateways to, and signage for, the District; (ii) improving historical monuments in the District; (iii) maintaining public parks and spaces in the District; (iv) establishing a trail in the District; (v) maintaining and improving the lake in the District; (vi) providing streetscape and lighting for the Girard Gateway; (vii) improving pedestrian and vehicular traffic circulation and parking at the western end of the Centennial Exhibition grounds; and (viii) restoring Memorial Hall. (C) Conditions.--Any amounts provided under this subsection shall be subject to an agreement between the Secretary and the recipient of the financial assistance providing that if the project assisted is converted or disposed of for purposes contrary to the purposes of this Act, as determined by the Secretary, the United States shall be entitled to compensation from the recipient of the financial assistance in an amount that is equal to the greater of-- (i) the amount of any funds made available to the project under this Act; or (ii) the amount of the increased value of the project attributable to the funds made available to the project under this Act, as determined at the time of the conversion or disposal. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary-- (1) $39,500,000 for capital projects under section 5(d); and (2) $5,500,000 for planning and technical assistance. (b) Cost-Sharing Requirements.--Amounts made available for projects under subsection (a)(1) shall not exceed 80 percent of the total cost of the project provided financial assistance. (c) Termination of Authority.--The authority to expend amounts made available under this Act shall expire 5 years after the date on which the amounts are appropriated.
Centennial District Authorization Act of 2008 - Establishes in the City of Philadelphia, Pennsylvania, the Centennial Historic District (District). Authorizes the Secretary of the Interior to make grants to, or enter into cooperative agreements with, state or local government agencies, nonprofit entities, and any leaseholders to administer the District. Directs the Secretary to: (1) prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District; and (2) provide financial assistance for capital improvement projects in the District.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel and Tourism Relief Act of 1995''. SEC. 2. CERTAIN TRAVEL AGENTS NOT TREATED AS EMPLOYEES. (a) In General.--Subsection (a) of section 3508 of the Internal Revenue Code of 1986 (relating to treatment of real estate agents and direct sellers) is amended by striking ``or as a direct seller'' and inserting ``, as a direct seller, or as a qualified travel agent''. (b) Qualified Travel Agent.--Subsection (b) of section 3508 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Qualified Travel Agent.--The term `qualified travel agent' means any individual if-- ``(A) such individual is providing services for-- ``(i) a travel agency appointed by 1 or more commercial airlines, or ``(ii) a travel agency affiliated with the Cruise Lines International Association (CLIA), ``(B) substantially all of the remuneration (whether or not paid in cash) for the services performed by such individual as a travel agent is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and ``(C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for Federal tax purposes.'' (c) Clerical Amendments.-- (1) The section heading of section 3508 of such Code is amended by striking ``and direct sellers'' and inserting ``, direct sellers, and travel agents''. (2) The table of sections for chapter 25 is amended by striking ``and direct sellers'' in the item relating to section 3508 and inserting ``, direct sellers, and travel agents''. (d) Effective Date.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. SEC. 3. INCREASE IN AMOUNT OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT. (a) General Rule.--Paragraph (1) of section 274(n) of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by striking ``50 percent'' and inserting ``80 percent''. (b) Conforming Amendment.--The subsection heading for section 274(n) of such Code is amended by striking ``50'' and inserting ``80''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. REPEAL OF SCHEDULED INCREASE IN TAX ON FUEL USED IN COMMERCIAL AVIATION. (a) In General.--The first sentence of section 4092(b) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``is attributable to--'' and all that follows and inserting ``is attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (b) Conforming Amendments.-- (1) Paragraph (4) of section 6427(l) of such Code is amended by striking ``is attributable to--'' and all that follows and inserting ``is attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (2) Section 13245 of the Omnibus Budget Reconciliation Act of 1993 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on September 30, 1995. SEC. 5. DEDUCTION FOR PROMOTION OF TOURISM IN THE UNITED STATES. (a) In General.--Section 162 of the Internal Revenue Code of 1986 (relating to trade or business expenses) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Expenses Promoting Tourism in the United States.--In the case of a taxpayer engaged in a trade or business, there shall be allowed as a deduction under this section any amount paid or incurred to promote tourism to the United States by individuals who are not residents of the United States. The preceding sentence shall apply only to amounts which are not otherwise allowable as a deduction under this chapter.'' (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. DEDUCTION ALLOWED FOR CONVENTIONS ON FOREIGN-FLAGGED CRUISE SHIPS. (a) In General.--The first sentence of paragraph (2) of section 274(h) of the Internal Revenue Code of 1986 (relating to attendance at conventions, etc.) is amended by striking ``business and that--'' and all that follows and inserting ``business.''. (b) Effective Date.--The amendment made by this section shall apply to cruises beginning after the date of the enactment of this Act.
Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Overpayment Fairness Act of 2009''. SEC. 2. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND ALLOWANCES ERRONEOUSLY PAID TO MEMBERS. (a) Maximum Monthly Percentage of Member's Pay Authorized for Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 37, United States Code, is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Consultation Regarding Deduction or Repayment Terms.--Such paragraph is further amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In all cases described in subparagraph (A), the Secretary concerned shall consult with the member regarding the repayment rate to be imposed under such subparagraph to recover the indebtedness, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member's dependents.''. (c) Delay in Instituting Collections From Wounded or Injured Members.--Paragraph (4) of such subsection is amended to read as follows: ``(4) Unless a member of the uniformed services requests or consents to initiation of the collection of an overpayment of pay or allowances made to the member at an earlier date, if a member is injured or wounded by hostile fire, explosion of a hostile mine, or any other hostile action or, while in the line of duty, otherwise incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member's pay until the later of-- ``(A) the end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone, if the member is not removed from the theater of operations for medical treatment; or ``(B) the end of the 90-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit, if the member is removed from the theater of operations for treatment.''. (d) Imposition of Statute of Limitations on Seeking Repayment.-- Such subsection is further amended by adding at the end the following new paragraph: ``(5) The Secretary concerned may not deduct from the pay of a member of the uniformed services or otherwise recover, seek to recover, or assist in the recovery from a member or former member any overpayment of pay or allowances made to the member through no fault of the member unless the Secretary notifies the member of the indebtedness before the end of the five-year period beginning on the date on which the overpayment was made. If the notice is not provided before the end of such period, the Secretary concerned shall cancel the indebtedness of the member to the United States.''. (e) Expanded Discretion Regarding Remission or Cancellation of Indebtedness.-- (1) Army.--Section 4837(a) of title 10, United States Code, is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (2) Naval service.--Section 6161(a) of such title is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (3) Air force.--Section 9837(a) of such title is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (f) Effective Dates.-- (1) Reduced payment rate.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and apply to deductions made from the pay of members of the uniformed services for that month and subsequent months. (2) Other amendments.--The other amendments made by this section shall apply with respect to any indebtedness of a member of the uniformed services for the overpayment of pay or allowances made to the member through no fault of the member, whether incurred before, on, or after the date of the enactment of this Act.
Military Overpayment Fairness Act of 2009 - Reduces the maximum amount that may be deducted from the pay of a member of the Armed Forces for recovery of an overpayment of military pay paid to the member from 20% to 10% of the member's pay for that month (unless such member requests collection at an accelerated rate). Requires the Secretary of the military department concerned to consult with the member regarding the repayment rate, taking into account the financial ability of the member to pay and avoiding the imposition of undue hardship on the member and his or her dependents. Provides specified delays in collection of overpayments from members injured or wounded during hostile action or incurring a wound, injury, or illness during active duty in a combat operation or combat zone. Imposes a five-year statute of limitations on the collection of overpayments. Allows for the cancellation of repayment when the Secretary concerned determines that the person: (1) relies on social security benefits or disability compensation for more than half the person's annual income; or (2) would suffer undue hardship in repaying the indebtedness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Overdose Stat Act'' or the ``S.O.S Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the Centers for Disease Control and Prevention, a drug overdose fatality occurs in the United States every 14 minutes. More people now die from drug-related deaths than traffic fatalities in the United States. (2) The Centers for Disease Control and Prevention reports that nearly 36,500 people in the United States died from a drug overdose in 2008 alone. More than 75 percent of these deaths were due to unintentional drug overdoses, and many could have been prevented. (3) Deaths resulting from unintentional drug overdoses increased more than 400 percent between 1980 and 1999, and more than doubled between 1999 and 2008. (4) Ninety-one percent of all unintentional poisoning deaths are due to drugs. Poisoning deaths cost society $93,464,000 in direct medical costs and $28,142,598,000 in lost productivity costs in the year 2005 alone. (5) Both fatal and nonfatal overdoses place a heavy burden on public health and public safety resources, yet no Federal agency has been tasked with stemming this crisis. (6) Opioid pain medications such as oxycodone and hydrocodone are involved in more than 40 percent of all drug poisoning deaths. Six times as many people died of an overdose from methadone prescribed to treat pain in 2009 than a decade before. Rural and suburban regions are disproportionately affected by opioid prescription overdoses. (7) Naloxone is a medication that rapidly reverses overdose from heroin and opioid pain medications. (8) In April 2012, the Food and Drug Administration (FDA) held a public workshop in collaboration with the National Institute on Drug Abuse (NIDA) and the Centers for Disease Control and Prevention (CDC), and with participation from the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office of National Drug Control Policy (ONDCP), to discuss making naloxone more widely available outside of conventional medical settings to reduce the incidence of opioid overdose fatalities. (9) Health practitioners often do not adequately inform patients and caregivers on how to recognize overdose symptoms and effectively respond by seeking emergency assistance and providing naloxone and other first aid in order to save a life. (10) The American Medical Association (AMA), the Nation's largest physician organization, supports further implementation of community-based programs that offer naloxone and other opioid overdose prevention services. (11) Community-based overdose prevention programs have successfully prevented deaths from opioid overdoses by making rescue trainings and naloxone available to first responders, parents, and other bystanders who may encounter an overdose. A CDC report credits overdose prevention programs with saving more than 10,000 lives since 1996. (12) At least 188 local overdose prevention programs are operating in the United States, including in major cities such as Baltimore, Chicago, Los Angeles, New York City, Boston, San Francisco, and Philadelphia, and statewide in New Mexico, Massachusetts, and New York. In New Mexico, which has one of the highest drug overdose death rates in the country, health officials estimate the statewide naloxone distribution program that began in 2001 has reversed 3,000 overdoses. Another program in Wilkes County, North Carolina, reduced overdose deaths 69 percent between 2009 and 2011. (13) Overdose prevention programs are needed in correctional facilities, addiction treatment programs, and other places where people are at higher risk of overdosing after a period of abstinence. (14) A real-time overdose surveillance and reporting database is needed to monitor fatal and nonfatal drug overdoses, identify areas of the country in need of programmatic support, monitor the outcomes of overdose occurrences, and enhance evaluation of community programs and interventions. SEC. 3. OVERDOSE PREVENTION GRANT PROGRAM. (a) Program Authorized.--The Director of the Centers for Disease Control and Prevention shall award grants or cooperative agreements to eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. (b) Application.-- (1) In general.--An eligible entity desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2) Contents.--An application under paragraph (1) shall include-- (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the eligible entity has the capacity to carry out such activities. (c) Priority.--In awarding grants and cooperative agreements under subsection (a), the Director shall give priority to eligible entities that-- (1) are a public health agency or community-based organization; and (2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. (d) Eligible Activities.--As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement to carry out one or more of the following activities: (1) Purchasing and distributing the drug naloxone. (2) Educating physicians and pharmacists about overdose prevention and naloxone prescription. (3) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. (4) Implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need of such services. (5) Expanding a program described in paragraph (1), (2), or (3). (e) Report.--As a condition on receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to the Director describing the results of the activities supported through the grant or cooperative agreement. (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 2013 through 2017. SEC. 4. SENTINEL SURVEILLANCE SYSTEM. (a) Data Collection.--The Director of the Centers for Disease Control and Prevention shall annually compile and publish data on both fatal and nonfatal overdoses of drugs for the preceding year. To the extent possible, the data shall be collected from all county, State, and tribal governments, the Federal Government, and private sources (such as the National Poison Data System), shall be made available in the form of an Internet database that is accessible to the public, and shall include-- (1) identification of the underlying drugs that led to fatal overdose; (2) identification of substance level specificity where possible; (3) analysis of trends in polydrug use in overdose victims, as well as identification of emerging overdose patterns; (4) results of toxicology screenings in fatal overdoses routinely conducted by State medical examiners; (5) identification of-- (A) drugs that were involved in both fatal and nonfatal unintentional poisonings; and (B) the number and percentage of such poisonings by drug; and (6) identification of the type of place where unintentional drug poisonings occur, as well as the age, race, and gender of victims. (b) 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 2013 through 2017. SEC. 5. SURVEILLANCE CAPACITY BUILDING. (a) Program Authorized.--The Director of the Centers for Disease Control and Prevention shall award grants or cooperative agreements to State, local, or tribal governments, or the National Poison Data System, working in conjunction with the State, local, or tribal governments, to improve fatal and nonfatal drug overdose surveillance and reporting capabilities, including the following: (1) Implementing or enhancing the capacity of a coroner or medical examiner's office to conduct toxicological screenings where drug overdose is the suspected cause of death. (2) Providing training to improve identification of drug overdose as the cause of death by coroners and medical examiners. (3) Establishing, in cooperation with the National Poison Data System, coroners, and medical examiners, a comprehensive national program for surveillance of, and reporting to an electronic database on, drug overdose deaths in the United States. (4) Establishing, in cooperation with the National Poison Data System, a comprehensive national program for surveillance of, and reporting to an electronic database on, fatal and nonfatal drug overdose occurrences, including epidemiological and toxicologic analysis and trends. (b) Application.-- (1) In general.--A State, local, or tribal government or the National Poison Data System desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2) Contents.--The application described in paragraph (1) shall include-- (A) a description of the activities to be funded through the grant or cooperative agreement; and (B) a demonstration that the State, local, or tribal government or the National Poison Data System has the capacity to carry out such activities. (c) Report.--As a condition on receipt of a grant or cooperative agreement under this section, a State, local, or tribal government or the National Poison Data System shall agree to prepare and submit, not later than 90 days after the end of the grant or cooperative agreement period, a report to the Director describing the results of the activities supported through the grant or cooperative agreement. (d) 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 2013 through 2017. SEC. 6. REDUCING OVERDOSE DEATHS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop a plan in consultation with a task force comprised of stakeholders to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include-- (1) an identification of the barriers to obtaining accurate data regarding the number of deaths occurring from overdoses of drugs; (2) an identification of the barriers to implementing more effective overdose prevention strategies and programs; (3) an examination of overdose prevention best practices; (4) a plan for implementation of a public health campaign to educate physicians and the public about overdose prevention and naloxone prescription; (5) recommendations for improving and expanding overdose prevention programming; and (6) recommendations for such legislative or administrative action as the Director considers appropriate. (b) Definition.--In this section, the term ``stakeholder'' means any individual directly impacted by drug overdose, any direct service provider who engages individuals at risk of a drug overdose, any drug overdose prevention advocate, the National Institute on Drug Abuse, the Center for Substance Abuse Treatment, the Centers for Disease Control and Prevention, the Food and Drug Administration, the American Association of Poison Control Centers, and any other individual or entity with drug overdose expertise. SEC. 7. OVERDOSE PREVENTION RESEARCH. (a) Overdose Research.--The Director of the National Institute on Drug Abuse shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include-- (1) examinations of circumstances that contributed to drug overdose and identification of drugs associated with fatal overdose; (2) evaluations of existing overdose prevention program intervention methods; and (3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States. (b) Dosage Forms of Naloxone.--The Director of the National Institute on Drug Abuse shall support research on the development of dosage forms of naloxone specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. (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 2013 through 2017. SEC. 8. DEFINITIONS. In this Act: (1) Director.--Unless otherwise specified, the term ``Director'' means the Director of the Centers for Disease Control and Prevention. (2) Drug.--The term ``drug''-- (A) means a drug (as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); and (B) includes any controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (3) Eligible entity.--The term ``eligible entity'' means an entity that is a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, a professional organization in the field of poison control and surveillance, or a private nonprofit organization. (4) National poison data system.--The term ``National Poison Data System'' means the system operated by the American Association of Poison Control Centers, in partnership with the Centers for Disease Control and Prevention, for real-time local, State, and national electronic reporting, and the corresponding database network. (5) State.--The term ``State'' means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (6) Training.--The term ``training'' means any activity that is educational, instructional, or consultative in nature, and may include volunteer trainings, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials.
Stop Overdose Stat Act or the S.O.S. Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) award grants or enter into cooperative agreements to enable eligible entities to reduce deaths occurring from drug overdoses, and (2) give priority to eligible public health agencies or community-based organizations that have expertise in preventing deaths occurring from overdoses in high risk populations. Conditions receipt of a grant or agreement on an entity agreeing to use the grant or agreement for: (1) purchasing and distributing the drug naloxone; (2) educating physicians and pharmacists about overdose prevention and naloxone prescription; (3) training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response; (4) implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need; and (5) expanding such programs. Requires the Director to: (1) compile and publish, annually, data on fatal and nonfatal drug overdoses for the preceding year; and (2) award grants to state, local, or tribal governments, or the National Poison Data System working in conjunction with such governments, to improve drug overdose surveillance and reporting capabilities. Requires the Secretary of Health and Human Services (HHS) to develop and submit to Congress a plan to reduce the number of deaths occurring from overdoses. Requires the Director of the National Institute on Drug Abuse (NIDA) to: (1) prioritize and conduct or support research on drug overdose and overdose prevention, and (2) support research on the development of dosage forms of naloxone for the prehospital treatment of unintentional drug overdose.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Enlargement Facilitation Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Since 1949, the North Atlantic Treaty Organization (NATO) has played an essential role in guaranteeing the security, freedom, and prosperity of the United States and its partners in the Alliance. (2) The NATO Alliance is, and has been since its inception, purely defensive in character, and it poses no threat to any nation. The enlargement of the NATO Alliance to include as full and equal members emerging democracies in Central and Eastern Europe does not threaten any nation. America's security, freedom, and prosperity remain linked to the security of the countries of Europe. (3) The sustained commitment of the member countries of NATO to a mutual defense has made possible the democratic transformation of Eastern Europe. Members of the Alliance can and should play a critical role in addressing the security challenges of the post-Cold War era and in creating the stable environment needed for those emerging democracies in Central and Eastern Europe to successfully complete political and economic transformation. (4) NATO has enlarged its membership on 3 different occasions since 1949. (5) Congress has sought to facilitate the further enlargement of NATO at an early date by enacting the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) and the NATO Participation Act Amendments of 1995 (section 585 of Public Law 104-107). (6) As new members of NATO assume the responsibilities of Alliance membership, the costs of maintaining stability in Europe will be shared more widely. Facilitation of the enlargement process will require current members of NATO, and the United States in particular, to demonstrate the political will needed to build on successful ongoing programs such as the Warsaw Initiative and the Partnership for Peace by making available the resources necessary to supplement efforts prospective new members are themselves undertaking. (7) New members will be full members of the Alliance, enjoying all rights and assuming all the obligations under the Washington Treaty. (8) Cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed interest in joining NATO, such as the Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint Peacekeeping Force, and the Polish-Ukrainian Peacekeeping Force, can make an important contribution to European peace and security and international peacekeeping efforts, assist those countries preparing to assume the responsibilities of possible NATO membership, and accordingly should receive appropriate support from the United States. (9) The United States continues to regard the political independence and territorial integrity of all emerging democracies in Central and Eastern Europe as vital to European peace and security. (10) NATO remains the only multilateral security organization capable of conducting effective military operations and preserving security and stability of the Euro- Atlantic region. (11) NATO is an important diplomatic forum and has played a positive role in defusing tensions between members of the Alliance and, as a result, no military action has occurred between two Alliance member states since the inception of NATO in 1949. (12) The admission to NATO of emerging democracies in Central and Eastern Europe that meet specific criteria for NATO membership would contribute to international peace and enhance the security of the region. (13) A number of Eastern European countries have expressed interest in NATO membership, and have taken concrete steps to demonstrate this commitment; including their participation in Partnership for Peace activities. (14) In recognition that not all countries which have requested membership in NATO will necessarily qualify at the same pace, the accession date for each new member will vary. (15) The eventual membership of Austria, Finland, and Sweden is fully expected and is not precluded by this Act. (16) The provision of additional NATO transition assistance should include those emerging democracies most ready for closer ties with NATO and should be designed to assist other countries meeting specified criteria of eligibility to move forward toward eventual NATO membership. (17) The Congress of the United States finds that Poland, Hungary, and the Czech Republic have made the most progress toward achieving the stated criteria and should be eligible for the additional assistance described in this bill. (18) The evaluation of future membership in NATO for emerging democracies in Central and Eastern Europe should be based on the progress of those nations in meeting criteria for NATO membership, which require enhancement of NATO's security and the approval of all NATO members. SEC. 3. UNITED STATES POLICY. It should be the policy of the United States-- (1) to join with the NATO allies of the United States to redefine the role of the NATO Alliance in the post-Cold War world; (2) to actively assist the emerging democracies in Central and Eastern Europe in their transition so that such countries may eventually qualify for NATO membership; and (3) to work to define a constructive and cooperative political and security relationship between an enlarged NATO and the Russian Federation. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that in order to promote economic stability and security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine-- (1) the United States should support the full and active participation of these countries in activities appropriate for qualifying for NATO membership; (2) the United States Government should use all diplomatic means available to press the European Union to admit as soon as possible any country which qualifies for membership; and (3) the United States Government and the North Atlantic Treaty Organization should support military exercises and peacekeeping initiatives between and among these nations, nations of the North Atlantic Treaty Organization, and Russia. SEC. 5. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT ASSISTANCE. (a) In General.--The following countries are designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994: Poland, Hungary, and the Czech Republic. (b) Designation of Other Countries.--The President shall designate other emerging democracies in Central and Eastern Europe as eligible to receive assistance under the program established under section 203(a) of such Act if such countries-- (1) have expressed a clear desire to join NATO; (2) have begun an individualized dialogue with NATO in preparation for accession; (3) are strategically significant to an effective NATO defense; and (4) have met the other criteria outlined in section 203(d) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note). (c) Rule of Construction.--Subsection (a) does not preclude the designation by the President of Slovakia, Estonia, Latvia, Lithuania, Romania, Slovenia, or any other emerging democracy in Central and Eastern Europe pursuant to section 203(d) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT ASSISTANCE. (a) In General.--There are authorized to be appropriated $60,000,000 for fiscal year 1997 for the program established under section 203(a) of the NATO Participation Act of 1994. (b) Availability.--Of the funds authorized to be appropriated by subsection (a)-- (1) $20,000,000 shall be available for the subsidy cost, as defined in section 502(5) of the Credit Reform Act of 1990, of direct loans pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 and section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''); (2) $30,000,000 shall be available for assistance on a grant basis pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 and section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''); and (3) $10,000,000 shall be available for assistance pursuant to the authority of section 203(c)(3) of the NATO Participation Act of 1994 and chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training). (c) Rule of Construction.--Amounts authorized to be appropriated under this section are authorized to be appropriated in addition to such amounts as otherwise may be available for such purposes. SEC. 7. EXCESS DEFENSE ARTICLES. (a) Priority Delivery.--Notwithstanding any other provision of law, the provision and delivery of excess defense articles under the authority of section 203(c) (1) and (2) of the NATO Participation Act of 1994 and section 516 of the Foreign Assistance Act of 1961 shall be given priority to the maximum extent feasible over the provision and delivery of such excess defense articles to all other countries except those countries referred to in section 541 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640). (b) Cooperative Regional Peacekeeping Initiatives.--The Congress encourages the President to provide excess defense articles and other appropriate assistance to cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed an interest in joining NATO in order to enhance their ability to contribute to European peace and security and international peacekeeping efforts. SEC. 8. MODERNIZATION OF DEFENSE CAPABILITY. The Congress endorses efforts by the United States to modernize the defense capability of Poland, Hungary, the Czech Republic, and any other countries designed by the President pursuant to section 203(d) of the NATO Participation Act of 1994, by exploring with such countries options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure. SEC. 9. TERMINATION OF ELIGIBILITY. (a) In General.--Section 203(f) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows: ``(f) Termination of Eligibility.--(1) The eligibility of a country designated under subsection (d) for the program established in subsection (a) shall terminate 60 days after the President makes a certification under paragraph (2) unless, within the 60-day period, the Congress enacts a joint resolution disapproving the termination of eligibility. ``(2) Whenever the President determines that the government of a country designated under subsection (d)-- ``(A) no longer meets the criteria set forth in subsection (d)(2)(A); ``(B) is hostile to the NATO Alliance; or ``(C) poses a national security threat to the United States, then the President shall so certify to the appropriate congressional committees. ``(3) Nothing in this Act affects the eligibility of countries to participate under other provisions of law in programs described in this Act.''. (b) Congressional Priority Procedures.--Section 203 of such Act is amended by adding at the end the following new subsection: ``(g) Congressional Priority Procedures.-- ``(1) Applicable procedures.--A joint resolution described in paragraph (2) which is introduced in a House of Congress shall be considered in accordance with the procedures set forth in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1936), except that-- ``(A) references to the `resolution described in paragraph (1)' shall be deemed to be references to the joint resolution; and ``(B) references to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate shall be deemed to be references to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. ``(2) Text of joint resolution.--A joint resolution under this paragraph is a joint resolution the matter after the resolving clause of which is as follows: `That the Congress disapproves the certification submitted by the President on __________ pursuant to section 203(f) of the NATO Participation Act of 1994.'.''. SEC. 10. AMENDMENTS TO THE NATO PARTICIPATION ACT. (a) Conforming Amendment.--The NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), and 203(d)(2) by striking ``countries emerging from communist domination'' each place it appears and inserting ``emerging democracies in Central and Eastern Europe''. (b) Definitions.--The NATO Participation Act of 1994 (title II of Public Law 103-446; 22 U.S.C. 1928 note) is amended by adding at the end the following new section: ``SEC. 206. DEFINITIONS. ``The term `emerging democracies in Central and Eastern Europe' includes, but is not limited to, Albania, Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.''. SEC. 11. DEFINITIONS. As used in this Act: (1) Emerging democracies in central and eastern europe.-- The term ``emerging democracies in Central and Eastern Europe'' includes, but is not limited to, Albania, Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization.
NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation. Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia. Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria. Authorizes appropriations for NATO enlargement assistance. Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995. Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.
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SECTION 1. PILOT PROGRAM FOR EXPANDING TAX REFUND REDUCTION PROVISION TO INCLUDE CERTAIN LOCAL TAX DEBT. (a) Pilot Program.--Section 3720A of title 31, United States Code (relating to reduction of tax refund by amount of debt) is amended by adding at the end the following: ``(j) Pilot Program for Collection of Past-Due Legally Enforceable Local Government Tax Obligations.-- ``(1) In general.--Upon receiving notice during the pilot program period from any eligible State on behalf of a local government that a named person owes a past-due, legally enforceable tax obligation to the local government, the Secretary of the Treasury shall, under such conditions as may be prescribed by the Secretary, determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall-- ``(A) reduce such refunds by an amount equal to the amount of such debt; ``(B) pay the amount of such reduction to the State for purposes of payment by the State to the local government on behalf of which the State submitted the notice; ``(C) notify the State of the person's name, taxpayer identification number, address, and the amount collected; and ``(D) notify the person due the refund that the refund has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. ``(2) Priorities for offset.-- ``(A) Any overpayment (as defined in section 6401 of the Internal Revenue Code of 1986) by a person shall be reduced pursuant to this subsection-- ``(i) after such overpayment is reduced (I) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (II) with respect to past-due support (as defined in section 464(c) of the Social Security Act); (III) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (IV) with respect to any past-due, legally enforceable State income tax obligation (as defined in section 6402(e) of the Internal Revenue Code of 1986); and ``(ii) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person. ``(B) If the Secretary receives notice from one or more States of more than one tax obligation subject to paragraph (1) that is owed by such person to any local government, any overpayment by such person shall be applied against such debts in the order in which such notices were filed. ``(3) Notice; consideration of evidence.--No State may take action under this subsection on behalf of a local government until the local government certifies to the State that the local government-- ``(A) has notified the person owing the past-due, legally enforceable tax obligation by certified mail with return receipt that the State proposes to take action pursuant to this section; ``(B) has given such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; ``(C) has considered any evidence presented by such person and has determined that an amount of such debt is past-due and legally enforceable; and ``(D) has satisfied such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the local government has made reasonable efforts to obtain payment of such tax obligation. ``(4) Definition of past-due, legally enforceable tax obligation.--In this subsection, the term `past-due, legally enforceable tax obligation' means a tax debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of tax to be due; or ``(II) a determination after an administrative hearing which has determined an amount of tax to be due; and ``(ii) which is no longer subject to judicial review; or ``(B) which resulted from a tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. ``(5) Eligible state.-- ``(A) In this subsection, the term `eligible State' means a State selected by the Secretary under subparagraph (B). ``(B) The Secretary shall select at least three, and not more than five, States to participate in the pilot program under this subsection. The Secretary may consider a State for selection only if it participates in the procedure applicable under section 6402(e) of the Internal Revenue Code of 1986 (relating to collection of past-due, legally enforceable State income tax obligations). ``(C) The Secretary should consider the following States for selection under this paragraph: ``(i) Illinois. ``(ii) Iowa. ``(iii) Louisiana. ``(iv) New York. ``(v) Ohio. ``(vi) Virginia. ``(6) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States must submit notices of past-due, legally enforceable tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States to pay a fee to reimburse the Secretary for the cost of applying such procedure, and such fee may be reimbursed by local governments to States in accordance with applicable State law. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(7) Erroneous payment to state.--Any State receiving notice from the Secretary that an erroneous payment has been made to such State with respect to a notice by the State on behalf of a local government under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State). ``(8) Pilot program.-- ``(A) Period of pilot program.--Subject to subparagraph (B), this subsection shall apply only during 2009 and 2010. ``(B) Extension and expansion of pilot program.-- ``(i) This subsection applies after 2010 to any State described in clause (ii) unless, before December 31, 2010, the Secretary submits to Congress a report containing a determination that the pilot program has negatively affected Federal revenue or Federal revenue collection processes. ``(ii) In applying this subsection after 2010, the term `eligible State' means any State participating in the procedure applicable under section 6402(e) of the Internal Revenue Code of 1986 (relating to collection of past-due, legally enforceable State income tax obligations). ``(k) Treatment of Payments Made to States.--The Secretary may provide that, for the purposes of determining interest, the payment of any amount withheld under subsection (j) to a State shall be treated as a payment to the person or persons making the overpayment.''. (b) Disclosure of Certain Information to Agencies of States Requesting Refund Offsets for Past-Due, Legally Enforceable Tax Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended-- (1) in the paragraph heading, by inserting after ``6402'' the following: ``or under subsection (j) of section 3720a of title 31, united states code''; (2) in subparagraph (A), by inserting after ``6402'' the following: ``or subsection (j) of section 3720A of title 31, United States Code,''; and (3) in subparagraph (B)-- (A) by striking ``section 6402 is'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code, is''; and (B) by striking ``section 6402.'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code.''.
Amends federal monetary law relating to reduction of a tax refund by the amount of a tax debt to establish a pilot program during 2009 and 2010 for the collection of past-due legally enforceable local government tax obligations. Instructs the Secretary of the Treasury, upon receiving notice from any eligible state on behalf of a local government that a named person owes such local government a past-due, legally enforceable tax obligation, to: (1) reduce the federal tax refunds payable to such person by the amount of such debt; (2) pay the amount of such reduction to the state for payment to the affected local government; (3) notify the state of the person's name, taxpayer identification number, address, and the amount collected; and (4) notify the person due the refund that it has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. Requires the Secretary to select between three and five states to participate in the pilot program, including from among: (1) Illinois; (2) Iowa; (3) Louisiana; (4) New York; (5) Ohio; and (6) Virginia. Amends the Internal Revenue Code to permit disclosure of taxpayer information to agencies of states requesting refund offsets for tax debts owed to local governments.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Limited Partnerships Parity Act''. SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS, AND RELATED ENERGY ACTIVITIES. (a) In General.--Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``income and gains derived from the exploration'' and inserting ``income and gains derived from the following: ``(i) Minerals, natural resources, etc.-- The exploration'', (2) by inserting ``or'' before ``industrial source'', (3) by inserting a period after ``carbon dioxide'', and (4) by striking ``, or the transportation or storage'' and all that follows and inserting the following: ``(ii) Renewable energy.--The generation of electric power (including the leasing of tangible personal property used for such generation) exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. ``(iii) Electricity storage devices.--The receipt and sale of electric power that has been stored in a device directly connected to the grid. ``(iv) Combined heat and power.--The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). ``(v) Renewable thermal energy.--The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). ``(vi) Waste heat to power.--The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act (42 U.S.C. 6341(5)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act). ``(vii) Renewable fuel infrastructure.--The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. ``(viii) Renewable fuels.--The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act) or section 40A(d)(1). ``(ix) Renewable chemicals.--The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph (6)). ``(x) Energy efficient buildings.--The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). ``(xi) Gasification with sequestration.-- The production of any product or the generation of electric power from a project that meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1) and that separates and sequesters in secure geological storage (as determined under section 45Q(d)(2)) at least 75 percent of such project's total qualified carbon dioxide (as defined in section 45Q(b)). ``(xii) Carbon capture and sequestration.-- ``(I) Power generation facilities.--The generation or storage of electric power (including associated income from the sale or marketing of energy, capacity, resource adequacy, and ancillary services) produced from any power generation facility which is, or from any power generation unit within, a qualified facility described in section 45Q(c) which-- ``(aa) in the case of a power generation facility or power generation unit placed in service after January 8, 2013, captures 50 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)), and ``(bb) in the case of a power generation facility or power generation unit placed in service before January 9, 2013, captures 30 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)). ``(II) Other facilities.--The sale of any good or service from any facility (other than a power generation facility) which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide (as so defined) of which is disposed of in secure geological storage (as determined under section 45Q(d)(2)).''. (b) Renewable Chemical.-- (1) In general.--Section 7704(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualifying renewable chemical.-- ``(A) In general.--The term `qualifying renewable chemical' means any renewable chemical (as defined in section 9001 of the Agriculture Act of 2014)-- ``(i) which is produced by the taxpayer in the United States or in a territory or possession of the United States, ``(ii) which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination or biological and thermal conversion, of renewable biomass (as defined in section 9001(12) of he Farm Security and Rural Investment Act of 2002), ``(iii) the biobased content of which is 95 percent or higher, ``(iv) which is sold or used by the taxpayer-- ``(I) for the production of chemical products, polymers, plastics, or formulated products, or ``(II) as chemicals, polymers, plastics, or formulated products, ``(v) which is not sold or used for the production of any food, feed, or fuel, and ``(vi) which is-- ``(I) acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, aromatics, 1,4- butanediol, iso-butanol, n-butanol, carboxylic acids, cellulosic sugar, diethyl methylene malonate, ethyl acetate, farnesene, gamma- butyrolactone, glucaric acid, hexamethylenediamine, 3-hydroxy propionic acid, C10 hydrocarbons, isoprene, itaconic acid, ketals, levulinic acid, olefins, polyhydroxyalkonate, polylactic acid, polyitaconic acid, polyols from vegetable oils, poly(xylitan levulinate ketal), 1,3-propanediol, 1,2- propanediol, succinic acid, terpenes, thiols, or p-Xylene, or ``(II) any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. ``(B) Biobased content.--For purposes of subparagraph (A)(iii), the term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866.''. (2) List of other qualifying renewable chemicals.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.
Master Limited Partnerships Parity Act Amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships to include income and gains from renewable and alternative fuels (in addition to fossil fuels), including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Beginning in the mid-1940s, workers at hundreds of facilities owned by the Federal Government and entities in the private sector produced and processed radioactive materials for use in the nuclear weapons program of the United States. (2) Those workers at nuclear weapons facilities helped to build the nuclear arsenal that served as a deterrent to the Soviet Union during the Cold War, but many of those workers paid a high price in terms of their health. (3) During the Cold War, many workers at nuclear weapons facilities were exposed to radiation and placed in harm's way by the Department of Energy and contractors, subcontractors, and vendors of the Department-- (A) without the knowledge and consent of the workers; (B) without adequate radiation monitoring; and (C) without necessary protections from internal or external occupational radiation exposures. (4) Because of the inequities described in paragraph (3) and the resulting potential harm to workers employed at nuclear weapons facilities, Congress designated classes of Cold War-era workers at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, and Amchitka Island test sites as members of the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.). (5) The contribution of the State of New York to the security of the United States throughout the Cold War was very significant. (6) Thirty-six former atomic weapons employer facilities or Department of Energy facilities that produced and processed radioactive materials, carried out classified research, operated nuclear reactors, and processed high level nuclear waste are located in New York. Fourteen of those facilities are located in the western region of New York. (7) Research by the Department of Energy, the National Institute for Occupational Safety and Health, the Advisory Board on Radiation and Worker Health, and congressional committees indicates that-- (A) workers at certain atomic weapons employer facilities and Department of Energy facilities were not adequately monitored for internal or external exposures to ionizing radiation to which the workers were exposed during the 1940s, 1950s, and 1960s; and (B) at other facilities, records were not maintained, or the records from those facilities are not reliable or failed to measure the radioactive isotopes to which workers were exposed. (8) No personal radiation dosimetry monitoring records are available from the Bethlehem Steel site in Lackawanna, New York, which falls within the definition of an atomic weapons employer facility under section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l). (9) Section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) authorizes the President, upon the recommendation of the Advisory Board on Radiation and Worker Health, to designate additional classes of employees in the Special Exposure Cohort if it is not feasible to estimate with sufficient accuracy the radiation dose that the class received and there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class. (10) On May 28, 2004, the Secretary of Health and Human Services issued a final rule establishing procedures for designating additional classes of employees in the Special Exposure Cohort (69 Fed. Reg. 30,764). (11) Legislation is needed to provide additional parameters to the President, the Secretary of Health and Human Services, and the Advisory Board on Radiation and Worker Health for evaluating petitions for inclusion in the Special Exposure Cohort of classes of employees with respect to which there was limited or nonexistent individual radiation exposure monitoring or an absence of records. SEC. 3. ADDITION OF CLASSES OF FORMER NUCLEAR WEAPONS PROGRAM WORKERS TO THE SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. Section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); (3) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(2)(A) in the case of a class of employees employed at a Department of Energy facility or an atomic weapons employer facility during a period (in the aggregate) of at least 250 days (or a shorter duration connected to discrete events, as determined by the President) during which-- ``(i) the employees in the class had the potential for exposure to occupational ionizing radiation from production or processing materials related to atomic weapons, or engaged in research, development, testing, assembly, disassembly, decontamination, decommissioning, or waste management, or work related to such activities; and ``(ii)(I) fewer than 50 percent of the employees in the class were individually monitored on a regular basis (using reliable methods and procedures) under a formal health physics program for exposure to internal and external ionizing radiation for the types of radiation and specific radioactive isotopes to which the employees had the potential for exposure during the period when the employees were exposed; ``(II) individual internal and external exposure records for the types of radiation and specific radioactive isotopes to which the employees in the class were potentially exposed at the facility during the period when the employees were exposed are nonexistent or are not available; or ``(III) to the extent that a portion of individual internal or external records are available for the period from the facility, individual radiation doses cannot be reliably determined for more than \2/3\ of the employees in the class using the individual internal and external monitoring records from the facility; and ``(B) in the case of a class of employees employed at a facility with respect to which the Director of the National Institute for Occupational Safety and Health has made the determination described in section 3169(b)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42 U.S.C. 7384 note) during the residual contamination period described in such section, the employees at the facility met the criteria described in clauses (i) and (ii) of subparagraph (A).''. SEC. 4. REGULATIONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue regulations for designating additional classes of employees as members of the Special Exposure Cohort under section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3. (b) Bethlehem Steel Site.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall determine under 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3, whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of such section for membership in the Special Exposure Cohort. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that identifies each of the following: (1) Any Department of Energy facilities or atomic weapons employer facilities (as those terms are defined in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l)) at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort under section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3. (2) The number of such classes. (3) The number of employees in each such class.
Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. Directs the Secretary of Health and Human Services (HHS) to: (1) issue regulations for designating additional classes of employees, including those employed during a period of residual contamination, as members of the Special Exposure Cohort; and (2) determine whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of this Act for membership in the Special Exposure Cohort. Requires the Secretary to provide a report to Congress identifying facilities at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort, as well as the number of classes and the number of employees in each class.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Lock-box Act of 1995''. SEC. 2. DEFICIT REDUCTION LOCK-BOX LEDGER. (a) Establishment of Ledger.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``deficit reduction lock-box ledger ``Sec. 314. (a) Establishment of Ledger.--The Director of the Congressional Budget Office (hereinafter in this section referred to as the ``Director'') shall maintain a ledger to be known as the ``Deficit Reduction Lock-box Ledger''. The Ledger shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Each entry shall consist of three parts: the `House Lock-box Balance'; the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box Balance'. ``(b) Components of Ledger.--Each component in an entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(2) The Director shall, upon the engrossment of Senate amendments to any appropriation bill, credit to the applicable Joint House-Senate Lock-box Balance the amounts of new budget authority and outlays equal to-- ``(A) an amount equal to one-half of the sum of (i) the amount of new budget authority in the House Lock-box Balance plus (ii) the amount of new budget authority in the Senate Lock-box Balance for that bill; and ``(B) an amount equal to one-half of the sum of (i) the amount of outlays in the House Lock-box Balance plus (ii) the amount of outlays in the Senate Lock-box Balance for that bill. ``(3) Calculation of Lock-Box Savings in Senate.--For purposes of calculating under this section the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the Senate on an appropriation bill, the amendments reported to the Senate by its Committee on Appropriations shall be considered to be part of the original text of the bill. ``(d) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Deficit reduction lock-box ledger.''. SEC. 3. TALLY DURING HOUSE CONSIDERATION. There shall be available to Members in the House of Representatives during consideration of any appropriations bill by the House a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported. SEC. 4. DOWNWARD ADJUSTMENT OF 602(a) ALLOCATIONS AND SECTION 602(b) SUBALLOCATIONS. (a) Allocations.--Section 602(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Upon the engrossment of Senate amendments to any appropriation bill (as defined in section 314(d)) for a fiscal year, the amounts allocated under paragraph (1) or (2) to the Committee on Appropriations of each House upon the adoption of the most recent concurrent resolution on the budget for that fiscal year shall be adjusted downward by the amounts credited to the applicable Joint House-Senate Lock-box Balance under section 314(c)(2). The revised levels of budget authority and outlays shall be submitted to each House by the chairman of the Committee on the Budget of that House and shall be printed in the Congressional Record.''. (b) Suballocations.--Section 602(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Whenever an adjustment is made under subsection (a)(5) to an allocation under that subsection, the chairman of the Committee on Appropriations of each House shall make downward adjustments in the most recent suballocations of new budget authority and outlays under subparagraph (A) to the appropriate subcommittees of that committee in the total amounts of those adjustments under section 314(c)(2). The revised suballocations shall be submitted to each House by the chairman of the Committee on Appropriations of that House and shall be printed in the Congressional Record.''. SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS. Section 308(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Such reports shall also include an up-to-date tabulation of the amounts contained in the ledger and each entry established by section 314(a).''. SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS. The discretionary spending limits for new budget authority and outlays for any fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, shall be reduced by the amounts set forth in the final regular appropriation bill for that fiscal year or joint resolution making continuing appropriations through the end of that fiscal year. Those amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year, as calculated under section 602(a)(5) of the Congressional Budget Act of 1974. That bill or joint resolution shall contain the following statement of law: ``As required by section 6 of the Deficit Reduction Lock-box Act of 1995, for fiscal year [insert appropriate fiscal year] and each outyear, the adjusted discretionary spending limit for new budget authority shall be reduced by $ [insert appropriate amount of reduction] and the adjusted discretionary limit for outlays shall be reduced by $ [insert appropriate amount of reduction] for the budget year and each outyear.'' Notwithstanding section 904(c) of the Congressional Budget Act of 1974, section 306 of that Act as it applies to this statement shall be waived. This adjustment shall be reflected in reports under sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act shall apply to all appropriation bills making appropriations for fiscal year 1996 or any subsequent fiscal year. (b) FY96 Application.--In the case of any appropriation bill for fiscal year 1996 engrossed by the House of Representatives after August 4, 1995 and before the date of enactment of this bill, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, and the Committees on Appropriations and the Committees on the Budget of the House of Representatives and of the Senate shall, within 10 calendar days after that date of enactment of this Act, carry out the duties required by this Act and amendments made by it that occur after the date this Act was engrossed by the House of Representatives. (c) FY96 Allocations.--The duties of the Director of the Congressional Budget Office and of the Committees on the Budget and on Appropriations of the House of Representatives pursuant to this Act and the amendments made by it regarding appropriation bills for fiscal year 1996 shall be based upon the revised section 602(a) allocations in effect on August 4, 1995. (d) Definition.--As used in this section, the term ``appropriation bill'' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year. Passed the House of Representatives September 13, 1995. Attest: Clerk.
Deficit Reduction Lock-box Act of 1995 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the Director of the Congressional Budget Office, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House- Senate Lock-box Balance. (Sec. 3) Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments reflecting increases and decreases of budget authority in such bill as reported. (Sec. 4) Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. (Sec. 5) Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. (Sec. 6) Provides for the downward adjustment of discretionary spending limits. (Sec. 7) Makes this Act applicable to all appropriation bills making appropriations for FY 1996 or any subsequent fiscal years. Makes special retroactive provisions for any appropriation bill for FY 1996 engrossed by the House after August 4, 1995, but before the enactment of this bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote by Mail Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Supreme Court declared in Reynolds v. Sims that ``[i]t has been repeatedly recognized that all qualified voters have a constitutionally protected right to vote . . . and to have their votes counted.''. (2) In the 2000 and 2004 presidential elections, voting technology failures and procedural irregularities deprived some Americans of their fundamental right to vote. (3) In 2000, faulty punch card ballots and other equipment failures prevented accurate vote counts nationwide. A report by the Caltech/MIT Voting Technology Project estimates that approximately 1,500,000 votes for president were intended to be cast but not counted in the 2000 election because of equipment failures. (4) In 2004, software errors, malfunctioning electronic voting systems, and long lines at the polls prevented accurate vote counts and prevented some people from voting. For instance, voters at Kenyon College in Gambier, Ohio waited in line for up to 12 hours because there were only 2 machines available for 1,300 voters. (5) Under the Oregon Vote by Mail system, election officials mail ballots to all registered voters at least 2 weeks before election day. Voters mark their ballots, seal the ballots in both unmarked secrecy envelopes and signed return envelopes, and return the ballots by mail or to secure drop boxes. Once a ballot is received, election officials scan the bar code on the ballot envelope, which brings up the voter's signature on a computer screen. The election official compares the signature on the screen and the signature on the ballot envelope. Only if the signature on the ballot envelope is determined to be authentic is the ballot forwarded on to be counted. (6) Oregon's Vote by Mail system has resulted in an extremely low rate of voter fraud because the system includes numerous security measures such as the signature authentication system. Potential misconduct is also deterred by the power of the State to punish those who engage in voter fraud with up to five years in prison, $100,000 in fines, and the loss of their vote. (7) Vote by Mail is one factor making voter turnout in Oregon consistently higher than the average national voter turnout. For example, Oregon experienced a record voting-age- eligible population turnout of 70.6 percent in the 2004 presidential election, compared to 58.4 percent nationally. Oregon's turnout of registered voters for that election was 86.48 percent. (8) Women, younger voters, and homemakers also report that they vote more often using Vote by Mail. (9) Vote by Mail reduces election costs by eliminating the need to transport equipment to polling stations and to hire and train poll workers. Oregon has reduced its election-related costs by 30 percent since implementing Vote by Mail. (10) Vote by Mail allows voters to educate themselves because they receive ballots well before election day, which provides them with ample time to research issues, study ballots, and deliberate in a way that is not possible at a polling place. (11) Vote by Mail is accurate--at least 2 studies comparing voting technologies show that absentee voting methods, including Vote by Mail systems, result in a more accurate vote count. (12) Vote by Mail results in more up-to-date voter rolls, since election officials use forwarding information from the post office to update voter registration. (13) Vote by Mail allows voters to visually verify that their votes were cast correctly and produces a paper trail for recounts. (14) In a survey taken 5 years after Oregon implemented the Vote by Mail system, more than 8 in 10 Oregon voters said they preferred voting by mail to traditional voting. SEC. 3. DEFINITIONS. In this Act: (1) Election.--The term ``election'' means any general, special, primary, or runoff election. (2) Participating state.--The term ``participating State'' means a State receiving a grant under the Vote by Mail grant program under section 4. (3) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (4) Voting system.--The term ``voting system'' has the meaning given such term under section 301(b) of the Help America Vote Act of 2002 (42 U.S.C. 15481(b)). SEC. 4. VOTE BY MAIL GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Election Assistance Commission shall establish a Vote by Mail grant program (in this section referred to as the ``program''). (b) Purpose.--The purpose of the program is to make implementation grants to participating States solely for the implementation of procedures for the conduct of all elections by mail at the State or local government level. (c) Limitation on Use of Funds.--In no case may grants made under this section be used to reimburse a State for costs incurred in implementing mail-in voting for elections at the State or local government level if such costs were incurred prior to the date of enactment of this Act. (d) Application.--A State seeking to participate in the program under this section shall submit an application to the Election Assistance Commission containing such information, and at such time as, the Election Assistance Commission may specify. (e) Amount and Number of Implementation Grants; Duration of Program.-- (1) Amount of grants.-- (A) In general.--Subject to subparagraph (B), the amount of an implementation grant made to a participating State shall be, in the case of a State that certifies that it will implement all elections by mail in accordance with the requirements of subsection (f), with respect to-- (i) the entire State, $2,000,000; or (ii) any single unit or multiple units of local government within the State, $1,000,000. (B) Excess funds.-- (i) In general.--The Election Assistance Commission shall establish a process to distribute excess funds to participating States. The process shall ensure that such funds are allocated among participating States in an equitable manner, based on the number of registered voters in the area in which the State certifies that it will implement all of its elections by mail under subparagraph (A). (ii) Excess funds defined.--For purposes of clause (i), the term ``excess funds'' means any amounts appropriated pursuant to the authorization under subsection (h)(1) with respect to a fiscal year that are not awarded to a participating State under an implementation grant during such fiscal year. (C) Continuing availability of funds after appropriation.--An implementation grant made to a participating State under this section shall be available to the State without fiscal year limitation. (2) Number of implementation grants.-- (A) In general.--The Election Assistance Commission shall award an implementation grant to up to 18 participating States under this section during each year in which the program is conducted. (B) One grant per state.--The Election Assistance Commission shall not award more than 1 implementation grant to any participating State under this section over the duration of the program. (3) Duration.--The program shall be conducted for a period of 3 years. (f) Requirements.-- (1) Required procedures.--A participating State shall establish and implement procedures for conducting all elections by mail in the area with respect to which it receives an implementation grant to conduct such elections, including the following: (A) A process for recording electronically each voter's registration information and signature. (B) A process for mailing ballots to all eligible voters. (C) The designation of places for the deposit of ballots cast in an election. (D) A process for ensuring the secrecy and integrity of ballots cast in the election. (E) Procedures and penalties for preventing election fraud and ballot tampering, including procedures for the verification of the signature of the voter accompanying the ballot through comparison of such signature with the signature of the voter maintained by the State in accordance with subparagraph (A). (F) Procedures for verifying that a ballot has been received by the appropriate authority. (G) Procedures for obtaining a replacement ballot in the case of a ballot which is destroyed, spoiled, lost, or not received by the voter. (H) A plan for training election workers in signature verification techniques. (I) Plans and procedures to ensure that voters who are blind, visually-impaired, or otherwise disabled have the opportunity to participate in elections conducted by mail and to ensure compliance with the Help America Vote Act of 2002. Such plans and procedures shall be developed in consultation with disabled and other civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations. (g) Best Practices, Technical Assistance, and Reports.--The Election Assistance Commission shall-- (1) develop, periodically issue, and, as appropriate, update best practices for conducting elections by mail; (2) provide technical assistance to participating States for the purpose of implementing procedures for conducting elections by mail; and (3) submit to the appropriate committees of Congress-- (A) annual reports on the implementation of such procedures by participating States during each year in which the program is conducted; and (B) upon completion of the program conducted under this section, a final report on the program, together with recommendations for such legislation or administrative action as the Election Assistance Commission determines to be appropriate. (h) Authorization of Appropriations.-- (1) Grants.--There are authorized to be appropriated to award grants under this section, for each of fiscal years 2007 through 2009, $36,000,000, to remain available without fiscal year limitation until expended. (2) Administration.--There are authorized to be appropriated to administer the program under this section, $2,000,000 for the period of fiscal years 2007 through 2009, to remain available without fiscal year limitation until expended. (i) Rule of Construction.--In no case shall any provision of this section be construed as affecting or replacing any provisions or requirements under the Help America Vote Act of 2002, or any other laws relating to the conduct of Federal elections. SEC. 5. STUDY ON IMPLEMENTATION OF MAIL-IN VOTING FOR ELECTIONS. (a) Study.-- (1) In general.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study evaluating the benefits of nationwide implementation of mail-in voting in elections, taking into consideration the annual reports submitted by the Election Assistance Commission under section 4(f)(3)(A) before November 1, 2009. (2) Specific issues studied.--The study conducted under paragraph (1) shall include a comparison of traditional voting methods and mail-in voting with respect to-- (A) the likelihood of voter fraud and misconduct; (B) accuracy of voter rolls; (C) accuracy of election results; (D) voter participation in urban and rural communities and by minorities, language minorities (as defined in section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a)), and individuals with disabilities; and (E) public confidence in the election system. (b) Report.--Not later than November 1, 2009, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Comptroller General determines to be appropriate.
Vote by Mail Act of 2006 - Directs the Election Assistance Commission to establish a Vote by Mail program of grants to participating states solely for implementation of procedures for the conduct of all elections by mail at the state or local level. Directs the Comptroller General to evaluate and report to Congress on the benefits of nationwide implementation of mail-in voting in elections.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Writing Act for Regulations of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to require that Federal regulations use plain writing, to enhance public understanding of regulations, and to increase the level of public participation in the rulemaking process. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Plain writing.--The term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. (4) Regulation.--The term ``regulation'' means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements for Regulations.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall-- (A) designate a senior official within the agency to oversee the implementation of this Act by the agency; (B) ensure that the obligation of the agency to use plain writing in no way diminishes the ability of the agency to perform scientific analyses or technical analyses, or disclose scientific data or technical data or any other findings, that are required to be performed or disclosed under chapter 5 of title 5, United States Code, or any other provision of law; (C) communicate the requirements of this Act to the employees of the agency; (D) train employees of the agency to write regulations using plain writing; (E) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; and (F) designate an employee of the agency to serve as a point of contact to receive and respond to public input on-- (i) the implementation of this Act by the agency; and (ii) the agency reports required under section 6. (2) Individuals designated.--The individual designated under subparagraph (A) or (F) of paragraph (1) may be the same individual designated to carry out similar functions under the Plain Writing Act of 2010 (5 U.S.C. 301 note). (b) Requirement To Use Plain Writing in New and Revised Regulations.--Not later than 12 months after the date of enactment of this Act, each agency shall use plain writing in accordance with the guidance issued by the Director under the Plain Writing Act of 2010 (5 U.S.C. 301 note) in each proposed or final regulation issued or substantially revised by the agency. (c) Certification of Compliance.--For each proposed or final regulation issued by an agency, the head of the agency shall certify to the Director that the agency head has read the proposed or final rule and that the rulemaking documents use plain writing. (d) Exemption From Certain Information Collection Provisions.--An agency action to collect information from the public about a regulation is exempt from the information collection provisions of sections 3506(c) and 3507 of title 44, United States Code, if the agency head certifies that the sole reason for the information collection is to improve the clarity of the regulation in accordance with this Act. SEC. 5. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. (a) Guidance.--Not later than 6 months after the date of enactment of this Act, the Director shall develop and issue guidance on implementing the requirements of this Act that ensures that the head of each agency understands that the obligation of the agency to use plain writing does not in any way diminish the ability of the agency to perform scientific analyses or technical analyses, or disclose scientific data or technical data or any other findings, that are required to be performed or disclosed by chapter 5 of title 5, United States Code, or any other provision of law. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. (b) Publication of Certifications.--The Director shall publish each certification required under section 4(c) on the official website of the Office of Management and Budget. SEC. 6. REPORTS. (a) Initial Report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the website of the agency created under the Plain Writing Act of 2010 (5 U.S.C. 301 note) a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the website of the agency a report on the compliance of the agency with the requirements of this Act. (c) GAO Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that-- (1) evaluates the extent to which regulations use plain writing, by conducting a survey of different intended audiences for a representative sample of major regulations that measures-- (A) the level of comprehension of each respondent for each regulation; and (B) the satisfaction of each respondent with the plain writing used in each regulation, focusing on whether the regulation uses writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience of the regulation; (2) assesses the extent to which plain writing helped increase the level of public participation in the rulemaking process; and (3) provides recommendations to-- (A) improve compliance with the requirements of this Act; and (B) better use plain writing to enhance public understanding of regulations and increase public participation in the rulemaking process. SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There shall be no judicial review of compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act may be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.
Plain Writing Act for Regulations of 2012 - Requires the head of each executive agency to: (1) implement a program for using plain writing in drafting agency regulations, (2) designate a senior official to oversee the implementation of plain writing requirements, (3) certify to the Director of the Office of Management and Budget (OMB) that each agency rule has been reviewed for compliance with such requirements, and (4) publish annual reports on agency compliance with such requirements on the agency's website. Requires: (1) the Director of OMB to develop and issue guidance to agencies for implementing plain writing requirements and publish certifications of agency compliance with such requirements on the OMB's website, and (2) the Comptroller General (GAO) to report to Congress on the extent to which regulations are using plain writing and the impact of plain writing requirements on the rulemaking process. Prohibits judicial review of compliance or noncompliance with any provision of this Act.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Student Loan Repayment Extension Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. REPAYMENT TERMS. (a) Insured Loans.--Section 427 is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), in the matter preceding clause (i), by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under subsection (d),''; (B) in subparagraph (C), at the end of the subparagraph, by striking out ``the 10-year period described in subparagraph (B);'' and inserting the following: ``the length of the repayment period under a repayment plan described in subsection (d);''; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and (E) in subparagraph (G) (as redesignated by subparagraph (D)), by striking ``the option'' through the end of the subparagraph and inserting ``the repayment options described in subsection (d); and''; (2) in subsection (c), by striking ``in subsection (a)(2)(H),'' and inserting the following: ``by a repayment plan selected by the borrower under subparagraph (C) or (D) of subsection (d)(1),''; and (3) by adding after subsection (c) the following new subsection: ``(d) Repayment Plans.-- ``(1) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subsection for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(A) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(B) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with subsection (c); ``(C) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(D) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(2) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the lender shall provide the borrower with a repayment plan described in paragraph (1)(A). ``(3) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1), or the lender's selection of a plan for the borrower under paragraph (2), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(4) Acceleration permitted.--Under any of the plans described in this subsection, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part.''. (b) Guaranteed Loans.--Section 428(b) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking clauses (i) and (ii) and the clause designation ``(iii)''; (B) in subparagraph (E)-- (i) in clause (i)-- (I) by striking ``or section 428A,'' and inserting ``or section 428H,''; and (II) by striking ``the option'' through the end of the clause and inserting ``the repayment options described in paragraph (9); and''; and (ii) in clause (ii)-- (I) by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under paragraph (9), and''; and (II) by striking ``of this subsection;'' at the end of clause (ii) and inserting a semicolon; and (C) in subparagraph (L)(i), by inserting after the clause designation the following: ``except as otherwise provided by a repayment plan selected by the borrower under paragraph (9)(A) (iii) or (iv),''; and (2) by adding after paragraph (8) the following new paragraph: ``(9) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subparagraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (2)(L); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(D) Acceleration permitted.--Under any of the plans described in this paragraph, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. ``(E) Comparable ffel and direct loan repayment plans.--The Secretary shall ensure that the repayment plans offered to borrowers under this part are comparable, to the extent practicable and not otherwise provided in statute, to the repayment plans offered under part D.''. (c) Consolidation Loans.--Section 428C is amended-- (1) in subsection (b)(3)(F), by striking ``alternative''; and (2) in subsection (c) by amending paragraph (2) to read as follows: ``(2) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this section the plans described in this paragraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (3); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this section does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this section may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation.''. (d) Direct Loans.--Section 455(d) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting after ``an extended period of time,'' the following: ``not to exceed 30 years,''; and (B) in subparagraph (C), by striking ``a fixed or extended period of time,'' and inserting the following: ``an extended period of time, not to exceed 30 years,''; and (2) in paragraph (2), by striking ``subparagraph (A), (B), or (C) of paragraph (1).'' and inserting ``paragraph (1)(A).''.
Student Loan Repayment Extension Act - Amends the Higher Education Act of 1965 to extend and make uniform the terms of repayment plans available under the various Federal student loan programs (insured, guaranteed, consolidation, and direct loan programs).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Superfund Compliance Act of 1997''. SEC. 2. FEDERAL ENTITIES AND FACILITIES. Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as follows: (1) By amending the heading to read as follows: ``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''. (2) By amending paragraph (1) of subsection (a) to read as follows: ``(1)(A) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the United States shall be subject to, and comply with, all Federal, State, interstate and local requirements, both substantive and procedural (including any requirements for permits, reporting, or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants in the same manner, and to the same extent, as any nongovernmental entity is subject to such requirements, including enforcement and liability under sections 106 and 107 of this title and the payment of reasonable service charges. ``(B) The Federal, State, interstate, and local substantive and procedural requirements referred to in subparagraph (A) include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties and fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). ``(C) The reasonable service charges referred to in this paragraph include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a State, interstate, or local response program. ``(D) Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any injunctive relief. ``(E) No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State response law with respect to any act or omission within the scope of their official duties. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State response law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanctions. ``(F) The waiver of sovereign immunity provided in this paragraph shall not apply to the extent a State law would apply any standard or requirement to such Federal department, agency, or instrumentality in a manner which is more stringent than such standard or requirement would be applied to any other person. ``(G) Nothing in this section shall be construed to affect the liability of any person or entity other than a department, agency, or instrumentality of the United States under sections 106 and 107 of this Act. ``(H)(i) The Administrator may issue an order under section 106 of this Act to any department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as action would be initiated against any other person. ``(ii) No administrative order issued to such department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator. ``(iii) Unless a State law in effect on the date of enactment of the Federal Facility Superfund Compliance Act of 1997, or a State Constitution, requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) of this section shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. ``(I) Each such department, agency, and instrumentality shall have the right to contribution protection set forth in section 113, when such department, agency, or instrumentality resolves its liability under this Act.''. (3) By striking paragraph (4) of subsection (a). (4) By inserting ``(other than the indemnification requirements of section 119)'' after ``responsibility'' in subsection (a)(3). (5) By adding at the end of subsection (e) the following new paragraph: ``(7) State requirements.--Notwithstanding any other provision of this Act, an interagency agreement under this section shall in no way impair or diminish the authority of any State to enforce compliance with requirements of State law, unless such requirements have been specifically-- ``(A) addressed; or ``(B) waived; without objection from the State before or on the date on which the response action is selected.''.
Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement. Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person. Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List. Precludes interagency remedial action agreements from impairing or diminishing State authority to enforce requirements of State law, unless such requirements have been addressed or waived without objection from the State.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The financing of terrorism and related forms of illicit finance present a direct threat to national security and a threat to global stability. (2) New terrorist groups or threats can form quickly, and other groups change tactics to adapt, creating a constantly changing terrorist environment, presenting ever-changing risks and challenges to programs to disrupt the financing of terrorism and related forms of illicit finance. (3) As demonstrated in hearings before the Task Force to Investigate Terrorism Financing, terrorists in some instances have formed symbiotic relationships with, or are taking over, transnational crime syndicates, so that funding for both terrorism and profits from crime flow in the same fashion and often are indistinguishable. (4) Methods of concealing the movement of illicit funding change quickly in a globalized economy, and rapid technological changes and financial innovation pose new risks that may be increasingly difficult for governments to stay abreast of without an agile, constantly adjusted strategy to spot, disrupt, and prevent the financing of terrorism and related forms of illicit finance. (5) A bipartisan requirement to create a national anti- money laundering strategy enacted in 1998 expired in 2007. Given the rapid globalization and rapid technology changes of the financial sector, an updated strategy focused on the financing of terrorism is necessary. (6) It is important for the Government to have a unified strategy to fight financial crime and to update it annually, both to accommodate new and developing threats and to help Congress develop legislative and funding priorities. (7) An effective strategy to counter terrorism financing is a critical component of the broader counter terrorism strategy of the United States. SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary of the Treasury (the ``Secretary'') shall, in consultation with the Attorney General, the Secretaries of State, Defense, and Homeland Security, the Director of National Intelligence and the appropriate Federal banking agencies, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.--By June 1 each year following the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a national strategy developed in accordance with subsection (a). (c) Evaluation of Existing Efforts and Broader Strategy.--The President shall accompany each strategy submitted under subsection (b) with a report that-- (1) describes the effectiveness of efforts to enforce existing prohibitions against illicit finance; (2) describes how the United States is addressing the highest levels of risk identified in the National Money Laundering Risk Assessment and the National Terrorist Financing Risk Assessment published by the Department of the Treasury; (3) evaluates the effectiveness of United States efforts to fight illicit finance at actually preventing, discovering, and countering terrorist financing and other forms of illicit finance (and the effectiveness of those efforts that the United States coordinates with foreign nations); and (4) describes how the strategy submitted under subsection (b) is integrated into, and supports, the broader counter terrorism strategy of the United States. (d) Separate Presentation of Classified Material.--Any part of the national strategy that involves information which is properly classified under criteria established by the President shall be submitted to the Congress separately in a classified annex and, if requested by the chairman or ranking Member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 4. CONTENTS. (a) In General.--The strategy described under section 3 shall contain, at a minimum, the following: (1) Threats, goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of threats, goals, objectives, and priorities for disrupting, preventing and reducing the number, dollar value, and effects of illicit finance in the United States and foreign countries that impact the security of the United States. (2) Coordination.--A discussion of methods to best coordinate such efforts with international, State, and local officials, law enforcement, regulators, and financial institutions. (3) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, when appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government in the fight against illicit finance and with international partners. (4) Detection and prosecution initiatives.--A description of efforts to improve detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Government that is relevant to the efforts described in this Act be available in a timely fashion to all appropriate Federal departments and agencies and, as appropriate and consistent with section 314 of the USA PATRIOT Act, to financial institutions to assist them in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (5) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit money laundering finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing incentives to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (6) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between Federal, State, and local officials, including State and local prosecutors and other law enforcement officials; (B) to the extent possible, cooperative efforts among States and between State and local officials, including State and local regulators, prosecutors, and law enforcement officials; and (C) cooperative efforts with and between governments of countries and with and between multinational institutions with expertise in fighting illicit finance. (7) Project and budget priorities.--A 3-year projection for program and budget priorities and achievable projects for reductions in illicit finance. (8) Assessment of funding.--A complete assessment of how the proposed budget described under paragraph (7) is intended to implement the strategy described in this Act and whether the funding levels contained in the proposed budget are sufficient to implement the strategy, including a discussion of the extent to which funding for such efforts is or should be funded from fines, settlements, seizures or forfeitures related to illicit finance. (9) Trend analysis.--Data regarding trends in illicit finance, with a special focus on the funding of terrorism. (10) Enforcement report.--A report containing an evaluation of the enforcement of policies to combat illicit finance. (11) Enforcement.--A discussion of the current policies of the United States to enforce the provisions of the Bank Secrecy Act and related laws regarding the financing of terrorism and other forms of illicit finance, together with recommendations for improving enforcement. (12) Treasury attaches.--A discussion of the Department of the Treasury attaches, including-- (A) a list of embassies where Department of the Treasury attaches are posted and a discussion of their effectiveness in the fight against illicit finance; (B) a list of the United States embassies at which a Department of the Treasury attache is assigned for temporary duty, the length of such assignments, and the reason why such assignments are not considered to be permanent assignments; (C) how the Department of the Treasury's interests relating to economic and anti-terror finance issues are handled at other embassies, including a discussion of the reporting structure by which such issues are brought to the direct attention of the ambassador; and (D) the effect of not having more attaches in embassies that are most vulnerable to illicit finance threats and a discussion of whether the Department of the Treasury's economic or anti-illicit finance issues are thought to be under-represented in some embassies or regions. (13) Illicit finance and cyber crime.--A discussion of terrorist financing and other forms of illicit finance that involve cyber attacks, evolving forms of value transfer, including so-called ``crypto currencies'', and other methods that are computer, telecommunications, or Internet-based. (14) Technology.--An analysis of current and developing ways to leverage technology to improve the effectiveness of the fight against the financing of terror and other forms of illicit finance, including the use of ``big data'' analytics, the merging of publicly sourced data with Bank Secrecy Act data and with other forms of secure Government data to increase such effectiveness, and ways to enhance the role of the private sector in combating illicit finance. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Financial Services, Committee on Foreign Affairs, Committee on Armed Services, Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs, Committee on Foreign Relations, Committee on Armed Services, Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. (2) Appropriate federal banking agencies.--The term ``appropriate Federal banking agencies'' has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (3) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (4) Illicit finance.--The term ``illicit finance'' means the financing of terrorism, money laundering, and other forms of illicit or underground financing or other illicit finance domestically and internationally, as defined by the President. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.
. National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act (Sec. 3) This bill directs the President, acting through the Department of the Treasury, to develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (Sec. 4) The national strategy shall focus upon selected aspects, including: (1) threats, goals, objectives, and priorities; (2) coordination with domestic and international governmental entities; (3) the role of the private financial sector in prevention of illicit finance; (4) project and budget priorities; (5) the use and role of Treasury attaches; (6) illicit finance and cyber crime; and (7) technology.
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That this Act may be cited as the ``Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994''. Sec. 2. The Act of August 27, 1958, as amended (7 U.S.C. 1901-1906) is amended by inserting as a second title the following: ``TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER ``Sec. 201. In order to ensure that horses sold for slaughter are provided humane treatment and care it is essential to regulate the transportation, care, handling, and treatment of horses by any person engaged in the commercial transportation of horses for slaughter. ``Sec. 202. When used in this title-- ``(a) the term `person' means an individual, partnership, firm, company, corporation, or association; ``(b) the term `Secretary' means the Secretary of Agriculture of the United States or his representative who shall be an employee of the United States Department of Agriculture; ``(c) the term `commercial transportation' means trade, traffic, commerce and transportation among the several States, or between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territories, or possession, or the District of Columbia, or the Commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia; ``(d) the terms `horse', `horses', and `equine' include all members of the family Equidae; and ``(e) the term `vehicle' means any machine, truck, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the commercial transportation of horses for slaughter. ``Sec. 203. (a) The Secretary shall promulgate by rule, within six months after the date of enactment of this title, standards to govern the humane commercial transportation of horses for slaughter. Such standards shall include minimum requirements with respect to the humane handling care, treatment, and equipment necessary to ensure the safe and humane transportation of horses for slaughter. ``(b) The standards to be promulgated pursuant to subsection (a) herein shall require, at a minimum, that: ``(1) No horse shall be transported for more than 24 hours without being unloaded from the vehicle and allowed to rest for at least 8 consecutive hours and given access to adequate quantities of food and potable water. ``(2) Vehicles shall provide headroom of at least six feet, six inches from roof or beams or other structural members overhead to floor underfoot. ``(3) Vehicle interiors shall be free of protrusions and sharp edges or objects, all ramps and floors shall be covered with a nonskid surface, and shall be maintained in a sanitary condition. ``(4) Vehicles shall provide adequate ventilation and shelter from extremes of weather and temperature for all equines; shall be of appropriate size and interior design for the number of equines being carried, to prevent overcrowding; shall allow for the position of horses by sex and size; and shall be equipped with doors and ramps of sufficient size and location to provide for safe loading and unloading, including unloading during emergencies. ``(5) All horses transported for slaughter must be fit to travel. No horse shall be transported for slaughter if it is found, on pre-shipment inspection, to be in imminent danger of death; to be suffering from a broken or dislocated limb; to be unable to bear weight on all four limbs; to be blind in both eyes; or to be obviously suffering from severe illness, injury, lameness or physical debilitation that would make the animal unable to withstand the stresses of transportation. ``Sec. 204. (a) Any person engaging in the commercial transportation of a horse for slaughter shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require for the purposes of implementing or determining compliance with this chapter. Such records shall include, at a minimum, the names and addresses of current owners and consignors, if utilized, of the horses at the time of sale or consignment to slaughter, and the bill of sale or other documentation of sale for each horse. Such records must accompany the horse during transport to slaughter. ``(b) Such records shall be retained by any person engaging in the commercial transportation of a horse for slaughter for a reasonable period of time determined by the Secretary, and upon request of an officer or employee duly designated by the Secretary, shall be made available at all reasonable times for inspection and copying (on or off the premises) by the Secretary or his authorized representative. ``Sec. 205. When construing or enforcing the provisions of this title, the act, omission, or failure of any person acting for or employed by any person engaging in the commercial transportation of horses for slaughter, within the scope of his employment or office, shall be deemed the act, omission, or failure of the person engaging in the commercial transportation of horses for slaughter as well as of such person. ``Sec. 206. The Secretary is authorized to establish cooperative agreements and to enter into memorandums of agreement with appropriate Federal and State agencies or political subdivisions thereof, including but not limited to State departments of agriculture and State law enforcement agencies, as well as foreign governments, to carry out and enforce the provisions of this title. ``Sec. 207. (a) The Secretary shall make such investigations or inspections as they deem necessary for purposes of enforcement of this chapter, including any regulation issued thereunder. ``(b) For the purposes of making investigations or inspections required under subsection (a), the Secretary shall at all reasonable times have access to the place of business of any person engaged in the commercial transportation of horses for slaughter; to the facilities and vehicles used to transport the horses; and to those records required to be kept pursuant to section 204. Such investigations and inspections shall include at a minimum an inspection by employees of the Secretary of all horses and vehicles carrying horses, upon their arrival at the slaughter facility. The Secretary shall also conduct such investigations as may be appropriate pursuant to information regarding alleged violations of this title provided to him by State officials. ``(c) The Secretary shall promulgate such rules and regulations as be deems necessary to permit employees of the Department of Agriculture to destroy in a human manner any horse found to be suffering as a result of a failure to comply with any provision of this title or any regulation issued thereunder. ``Sec. 208. Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this title shall be fined not more than $5,000 or imprisoned not more than three years or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. ``Sec. 209. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of Samoa, and the United States courts of the other territories, are vested with jurisdiction to specifically enforce, and to prevent and restrain violations of this title, and shall have jurisdiction in all other kinds of cases arising under this title, except as provided in section 209(b) of this title. ``Sec. 210. (a) Any person who violates any provision of this Act, or any rule, regulation or standard promulgated by the Secretary thereunder, shall be assessed a civil penalty by the Secretary of not more than $2,000 for each violation. Each violation and each day under which a violation continues shall constitute a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. ``(b) Any person aggrieved by a final order of the Secretary issued pursuant to this section may, within days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals and such Court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part) or to determine the validity of the Secretary's order. ``(c) Any person who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year or a fine of not more than $2,000, or both. Upon conviction of a second or subsequent offense, a person shall be subject to imprisonment for not more than three years or to a fine of not more than $5,000, or both. ``Sec. 211. The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the purposes of this title. ``Sec. 212. If any provision of this title or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this title and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. ``Sec. 213. There is authorized to be appropriated to the Secretary to carry out the provision of this title such sums as are necessary for the fiscal year beginning October 1, 1994.''.
Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994 - Amends Federal law to require the Secretary of Agriculture to issue regulations governing the humane commercial transportation of horses for slaughter. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017'' or the ``RAISE Family Caregivers Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Family Caregiving Advisory Council convened under section 4. (2) Family caregiver.--The term ``family caregiver'' means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, an individual with a chronic or other health condition, disability, or functional limitation. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Strategy.--The term ``Strategy'' means the Family Caregiving Strategy set forth under section 3. SEC. 3. FAMILY CAREGIVING STRATEGY. (a) In General.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop jointly with the Advisory Council and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and make publically available on the internet website of the Department of Health and Human Services, a Family Caregiving Strategy. (b) Contents.--The Strategy shall identify recommended actions that Federal (under existing Federal programs), State, and local governments, communities, health care providers, long-term services and supports providers, and others are taking, or may take, to recognize and support family caregivers in a manner that reflects their diverse needs, including with respect to the following: (1) Promoting greater adoption of person- and family- centered care in all health and long-term services and supports settings, with the person receiving services and supports and the family caregiver (as appropriate) at the center of care teams. (2) Assessment and service planning (including care transitions and coordination) involving family caregivers and care recipients. (3) Information, education and training supports, referral, and care coordination, including with respect to hospice care, palliative care, and advance planning services. (4) Respite options. (5) Financial security and workplace issues. (6) Delivering services based on the performance, mission, and purpose of a program while eliminating redundancies. (c) Duties of the Secretary.--The Secretary (or the Secretary's designee), in carrying out subsection (a), shall oversee the following: (1) Collecting and making publicly available information, submitted by the Advisory Council under section 4(d) to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and made publically available by the Secretary, including evidence-based or promising practices and innovative models (both domestic and foreign) regarding the provision of care by family caregivers or support for family caregivers. (2) Coordinating and assessing existing Federal Government programs and activities to recognize and support family caregivers while ensuring maximum effectiveness and avoiding unnecessary duplication. (3) Providing technical assistance, as appropriate, such as disseminating identified best practices and information sharing based on reports provided under section 4(d), to State or local efforts to support family caregivers. (d) Initial Strategy; Updates.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, develop, publish, and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, an initial Strategy incorporating the items addressed in the Advisory Council's initial report under section 4(d) and other relevant information, including best practices, for recognizing and supporting family caregivers; and (2) biennially update, republish, and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs the Strategy, taking into account the most recent annual report submitted under section 4(d)(1)-- (A) to reflect new developments, challenges, opportunities, and solutions; and (B) to review progress based on recommendations for recognizing and supporting family caregivers in the Strategy and, based on the results of such review, recommend priority actions for improving the implementation of such recommendations, as appropriate. (e) Process for Public Input.--The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. (f) No Preemption.--Nothing in this Act preempts any authority of a State or local government to recognize or support family caregivers. (g) Rule of Construction.--Nothing in this Act shall be construed to permit the Secretary (through regulation, guidance, grant criteria, or otherwise) to-- (1) mandate, direct, or control the allocation of State or local resources; (2) mandate the use of any of the best practices identified in the reports required under this Act; or (3) otherwise expand the authority of the Secretary beyond that expressly provided to the Secretary in this Act. SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL. (a) Convening.--The Secretary shall convene a Family Caregiving Advisory Council to advise and provide recommendations, including identified best practices, to the Secretary on recognizing and supporting family caregivers. (b) Membership.-- (1) In general.--The members of the Advisory Council shall consist of-- (A) the appointed members under paragraph (2); and (B) the Federal members under paragraph (3). (2) Appointed members.--In addition to the Federal members under paragraph (3), the Secretary shall appoint not more than 15 voting members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least one representative of each of the following: (A) Family caregivers. (B) Older adults with long-term services and supports needs. (C) Individuals with disabilities. (D) Health care and social service providers. (E) Long-term services and supports providers. (F) Employers. (G) Paraprofessional workers. (H) State and local officials. (I) Accreditation bodies. (J) Veterans. (K) As appropriate, other experts and advocacy organizations engaged in family caregiving. (3) Federal members.--The Federal members of the Advisory Council, who shall be nonvoting members, shall consist of the following: (A) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator's designee). (B) The Administrator of the Administration for Community Living (or the Administrator's designee who has experience in both aging and disability). (C) The Secretary of Veterans Affairs (or the Secretary's designee). (D) The heads of other Federal departments or agencies (or their designees), including relevant departments or agencies that oversee labor and workforce, economic, government financial policies, community service, and other impacted populations, as appointed by the Secretary or the Chair of the Advisory Council. (4) Diverse representation.--The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of family caregivers and individuals receiving services and supports. (c) Meetings.--The Advisory Council shall meet quarterly during the 1-year period beginning on the date of enactment of this Act and at least three times during each year thereafter. Meetings of the Advisory Council shall be open to the public. (d) Advisory Council Annual Reports.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary, the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and make publically available on the internet website of the Department of Health and Human Services, a report concerning the development, maintenance, and updating of the Strategy, including a description of the outcomes of the recommendations and any priorities included in the initial report pursuant to paragraph (2), as appropriate. (2) Initial report.--The Advisory Council's initial report under paragraph (1) shall include-- (A) an inventory and assessment of all federally funded efforts to recognize and support family caregivers and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching family caregivers and gaps in such efforts; (B) recommendations-- (i) to improve and better coordinate Federal programs and activities to recognize and support family caregivers, as well as opportunities to improve the coordination of such Federal programs and activities with State programs; and (ii) to effectively deliver services based on the performance, mission, and purpose of a program while eliminating redundancies, avoiding unnecessary duplication and overlap, and ensuring the needs of family caregivers are met; (C) the identification of challenges faced by family caregivers, including financial, health, and other challenges, and existing approaches to address such challenges; and (D) an evaluation of how family caregiving impacts the Medicare program, the Medicaid program, and other Federal programs. (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. SEC. 5. FUNDING. No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using funds otherwise authorized. SEC. 6. SUNSET PROVISION. The authority and obligations established by this Act shall terminate on the date that is 5 years after the date of enactment of this Act. Passed the Senate September 26, 2017. Attest: JULIE E. ADAMS, Secretary.
Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017 or the RAISE Family Caregivers Act (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to develop and make publicly available a National Family Caregiving Strategy that identifies recommended actions for recognizing and supporting family caregivers in a manner that reflects their diverse needs. (Sec. 4) HHS shall convene a Family Caregiving Advisory Council to advise the department on recognizing and supporting family caregivers. (Sec. 6) The council shall terminate after five years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Boosting America's Exports Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial service.--The term ``Commercial Service'' means the United States and Foreign Commercial Service of the Department of Commerce. (2) Director general.--The term ``Director General'' means the Assistant Secretary for Global Markets and Director General of the United States and Foreign Commercial Service. (3) Small- and medium-sized enterprises.--The term ``small- and medium-sized enterprises'' or ``SMEs'' means-- (A) subject to subparagraph (B), firms with less than 500 employees; and (B) in the case of a farm, a farm with fewer than 500 employees that generates less than $250,000 in income. (4) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for International Trade. (5) USEAC.--The term ``United States Export Assistance Center'' or ``USEAC'' means a United States Export Assistance Center established by the Commercial Service to provide assistance to United States firms in exporting their goods and services. SEC. 3. ASSESSMENT OF U.S. EXPORT ASSISTANCE CENTERS. (a) In General.--The Under Secretary shall conduct an assessment of the location of and services provided by the United States Export Assistance Centers in relation to the location of SMEs that are exporters or potential exporters of products or services. The Under Secretary shall, not later than 1 year after the date of the enactment of this Act, complete the assessment and submit to Congress a report on the assessment. In the report, the Under Secretary shall identify those locations of USEACs that should be closed or moved based on low productivity, and those locations where a USEAC should be located based on need. (b) Implementation.--The Under Secretary shall implement the changes recommended in the report submitted to Congress under subsection (a) not later than 2 years after the date of the enactment of this Act. The Under Secretary may establish up to 30 new USEACs on the basis of the report. SEC. 4. ACTIVITIES OF COMMERCIAL SERVICE. (a) Increased Activities.--The Under Secretary shall take the necessary steps, through actions by the Commercial Service, to increase the exports, by volume and types of products and services, by small- and medium-sized enterprises. In order to achieve that goal, the Director General shall set goals and measure exports by SMEs in each calendar year, in particular exports by SMEs that had not exported previously, including measuring-- (1) the total volume of exports, by product and type of services, including as compared to the volume of such exports in the preceding calendar year; (2) the number of non-exporting SMEs contacted through recruitment efforts of the Commercial Service; (3) the number of new SMEs exporting in the calendar year; and (4) customer service, such as response times and customer satisfaction, to SMEs that contact USEACs, in particular non- exporting SMEs. (b) Personnel for USEACs.--The Under Secretary shall ensure that the following is carried out upon the implementation of the report submitted under section 3: (1) Functions of personnel.--Personnel at each USEAC shall identify and conduct outreach to potential exporters that are SMEs, attend relevant business conferences and trade shows to advertise the availability of the resources of the USEAC to SMEs, and perform other tasks designed to help non-exporting SMEs become exporters. (2) Additional personnel.--The Under Secretary shall, in the case of those USEACs that the report submitted to Congress under section 3 recommends remain open, increase the personnel at those USEACs (by an average of not more than 5 for each USEAC) to the extent necessary to enhance the ability of the USEACs, through outreach and provision of services to SMEs, to increase exports by SMEs, in particular non-exporting SMEs. (3) Trade specialists.--The Director General shall ensure that specialists in an increased number of areas are on the staff of USEACs in order to serve an increased number of SMEs. (4) Collaboration with other entities.--The Director General shall ensure that staff at each USEAC is assigned to conduct outreach to and collaborate with entities of the States and other non-Federal entities with respect to export promotion activities designed to increase exports by SMEs. (5) Administrative personnel.--The Director General shall ensure that USEACs have personnel dedicated to administrative duties as needed in order to enable other personnel to work more on client-oriented tasks. SEC. 5. ANNUAL REPORT TO CONGRESS. The Under Secretary shall submit to Congress an annual report on the implementation of this Act, including the actions of the Director General under section 4.
Boosting America's Exports Act This bill directs the International Trade Administration (ITA) of the Department of Commerce to assess the location of and services provided by U.S. Export Assistance Centers (USEACs) in relation to the location of small- and medium-sized enterprises (SMEs) that export U.S. products and services in order to identify: those USEACs that should be closed or moved based on low productivity, and those locations where a USEAC should be located based on need. The ITA shall take necessary steps, through actions by the U.S. and Foreign Commercial Service of the Department of Commerce, to increase exports by SMEs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fifth Amendment Integrity Restoration Act of 2015'' or the ``FAIR Act''. SEC. 2. CIVIL FORFEITURE PROCEEDINGS. Section 983 of title 18, United States Code, is amended-- (1) in subsection (b)(2)(A)-- (A) by striking ``, and the property subject to forfeiture is real property that is being used by the person as a primary residence,''; and (B) by striking ``, at the request of the person, shall insure'' and insert ``shall ensure''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; (B) in paragraph (2), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; and (C) by striking paragraph (3) and inserting the following: ``(3) if the Government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that-- ``(A) there was a substantial connection between the property and the offense; and ``(B) the owner of any interest in the seized property-- ``(i) used the property with intent to facilitate the offense; or ``(ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense.''; and (3) in subsection (d)(2)(A), by striking ``an owner who'' and all that follows through ``upon learning'' and inserting ``an owner who, upon learning''. SEC. 3. DISPOSITION OF FORFEITED PROPERTY. (a) Revisions to Controlled Substances Act.--Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``civilly or''; (B) by striking subparagraph (A); and (C) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraph (B) of paragraph (1)'' and inserting ``paragraph (1)(A)''; and (B) in subparagraph (B), by striking ``accordance with section 524(c) of title 28,'' and inserting ``the General Fund of the Treasury of the United States''; (3) by striking paragraph (3); (4) by redesignating paragraph (4) as paragraph (3); and (5) in paragraph (3), as redesignated-- (A) in subparagraph (A), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(A)''; and (B) in subparagraph (B), in the matter preceding clause (i), by striking ``paragraph (1)(B) that is civilly or'' and inserting paragraph ``(1)(A) that is''. (b) Revisions to Title 18.--Chapter 46 of title 18, United States Code, is amended-- (1) in section 981(e)-- (A) by striking ``is authorized'' and all that follows through ``or forfeiture of the property;'' and inserting ``shall forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine--''; (B) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (C) in the matter following paragraph (5), as so redesignated-- (i) by striking the first, second, third, sixth, and eighth sentences; and (ii) by striking ``paragraphs (3), (4), and (5)'' and inserting ``paragraphs (1), (2), and (3)''; and (2) in section 983(g)-- (A) in paragraph (3), by striking ``grossly''; and (B) in paragraph (4), by striking ``grossly''. (c) Tariff Act of 1930.--The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended-- (1) in section 613A(a) (19 U.S.C. 1613b(a))-- (A) in paragraph (1)-- (i) in subparagraph (D), by inserting ``and'' after the semicolon; (ii) in subparagraph (E), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (F); and (B) in paragraph (2)-- (i) by striking ``(A) Any payment'' and inserting ``Any payment''; and (ii) by striking subparagraph (B); and (2) in section 616 (19 U.S.C. 1616a)-- (A) in the section heading, by striking ``transfer of forfeited property'' and inserting ``dismissal in favor of forfeiture under state law''; (B) in subsection (a), by striking ``(a) The Secretary'' and inserting ``The Secretary''; and (C) by striking subsections (b) through (d). (d) Title 31.--Section 9703 of title 31, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) through (J) as subparagraphs (G) through (I), respectively; and (2) in subsection (b)-- (A) by striking paragraphs (2) and (4); and (B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively. SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND DEPOSITS. Section 524(c)(4) of title 28, United States Code, is amended-- (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. SEC. 5. STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENT PROHIBITED. (a) Amendments to Title 31.--Section 5324 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``knowingly'' after ``Public Law 91-508''; and (B) in paragraph (3), by inserting ``of funds not derived from a legitimate source'' after ``any transaction''; (2) in subsection (b), in the matter preceding paragraph (1), by inserting ``knowingly'' after ``such section''; and (3) in subsection (c), in the matter preceding paragraph (1), by inserting ``knowingly'' after ``section 5316''. (b) Probable Cause Hearing in Connection With Property Seizures Relating to Certain Monetary Instruments Transactions.-- (1) Amendment.--Section 5317 of title 31, United States Code, is amended by adding at the end the following: ``(d) Probable Cause Hearing in Connection With Property Seizures Relating to Certain Monetary Instruments Transactions.-- ``(1) In general.--Not later than 14 days after the date on which notice is provided under paragraph (2)-- ``(A) a court of competent jurisdiction shall conduct a hearing on any property seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324; and ``(B) any property described in subparagraph (A) shall be returned unless the court finds that there is probable cause to believe that there is a violation of section 5324 involving the property. ``(2) Notice.--Each person from whom property is seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324 shall be notified of the right of the person to a hearing under paragraph (1).''. (2) Applicability.--The amendment made by paragraph (1) shall apply to property seized or restrained after the date of enactment of this Act. SEC. 6. PROPORTIONALITY. Section 983(g)(2) of title 18, United States Code, is amended to read as follows: ``(2) In making this determination, the court shall consider such factors as-- ``(A) the seriousness of the offense; ``(B) the extent of the nexus of the property to the offense; ``(C) the range of sentences available for the offense giving rise to forfeiture; ``(D) the fair market value of the property; and ``(E) the hardship to the property owner and dependents.''. SEC. 7. REPORTING REQUIREMENTS. Section 524(c)(6)(i) of title 28, United States Code, is amended by inserting ``from each type of forfeiture, and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures,'' after ``deposits''. SEC. 8. APPLICABILITY. The amendments made by this Act shall apply to-- (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act.
Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. The bill adds a scienter requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. The bill requires: (1) a court to conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established, and (2) the Attorney General to specify in reports to Congress and the public on forfeitures the amounts received from criminal and civil forfeitures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold Star Families Equality Act''. SEC. 2. LAPEL BUTTON FOR NEXT OF KIN OF DECEASED MEMBERS OF THE ARMED FORCES. (a) Service-Wide Adoption of Next of Kin Lapel Button.--Section 1126 of title 10, United States Code, is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following new subsections: ``(b) A lapel button, to be known as the lapel button for next of kin of deceased members of the armed forces, shall be designed, as approved by the Secretary of Defense, to identify widows, parents, and next of kin of members of the armed forces who die, under circumstances not prescribed by subsection (a), while serving on active duty or while assigned to a reserve component in a drill status. ``(c) Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned, upon application to the Secretary, shall furnish-- ``(1) one gold star lapel button without cost to the widow and to each parent and next of kin of a member who lost or loses his or her life under any circumstances prescribed in subsection (a); and ``(2) one lapel button for next of kin of deceased members to the widow and to each parent and next of kin of a member who lost or loses his or her life under the circumstances prescribed in subsection (b).''. (b) Conforming Amendments.--Subsection (d) of section 1126 of title 10, United States Code, as redesignated by subsection (a)(2), is amended by inserting ``or lapel button for next of kin of deceased members'' after ``gold star lapel button'' both places it appears. (c) Use of Existing Design.--The design of the lapel button for the next of kin of deceased members of the Armed Forces required by subsection (b) of section 1126 of title 10, United States Code, as added by subsection (a)(3), shall be based on the design of such a lapel button provided by the Secretary of the Army to certain survivors of deceased members of the Army, including the Army Reserve and the Army National Guard, pursuant to Army regulation 600-6-18, as in effect on the date of the enactment of this Act. (d) Retroactive Availability.--The lapel button for the next of kin of deceased members of the Armed Forces required by subsection (b) of section 1126 of title 10, United States Code, as added by subsection (a)(3), shall be available to provide appropriate recognition for the survivors of members of the Armed Forces who have died since September 10, 2001. SEC. 3. GOLD STAR INSTALLATION ACCESS CARD. (a) Service-Wide Adoption of Access Card.--The Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating (in this section referred to as the ``Secretary concerned'') shall provide for the issuance of a Gold Star Installation Access Card to Gold Star family members who are the survivors of deceased members of the Armed Forces under the jurisdiction of the Secretary concerned to expedite the ability of a Gold Star family member to gain unescorted access to military installations for the purpose of obtaining the on-base services and benefits for which the Gold Star family member is entitled or eligible. (b) Service-Wide Acceptance of Access Card.--The Secretaries concerned shall work jointly to ensure that a Gold Star Installation Access Card issued to a Gold Star family member by one Armed Force is accepted for access to military installations of another Armed Force. (c) Protection of Installation Security.--In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary-- (1) to prevent fraud in the procurement or use of the Gold Star Installation Access Card; (2) to limit installation access to those areas that provide the services and benefits for which the Gold Star family member is entitled or eligible; and (3) to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security. (d) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall complete implementation of this section. (e) Gold Star Family Member Defined.--In this section, the term ``Gold Star family member'' means a person who has received a Gold Star Lapel Button or a Lapel Button for the Next of Kin of Deceased Members of the Armed Forces under section 1126 of title 10, United States Code. SEC. 4. USE OF COMMISSARY STORES AND MWR RETAIL FACILITIES BY PARENTS OF DECEASED MEMBERS OF THE ARMED FORCES. (a) Use Authorized.--The Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating shall prescribe such regulations as may be necessary to ensure that a parent of a deceased member of the Armed Forces who receives a Gold Star Lapel Button or a Lapel Button for the Next of Kin of Deceased Members of the Armed Forces under section 1126 of title 10, United States Code, is permitted to use commissary stores and MWR retail facilities on the same basis as any surviving spouse or child of the member. (b) Definitions.--In this section: (1) The term ``MWR retail facilities'' means exchange stores and other revenue generating facilities operated by nonappropriated fund activities of the Department of Defense or the department in which the Coast Guard is operating for the morale, welfare, and recreation of members of the Armed Forces. (2) The term ``parent'' includes mother, father, stepmother, stepfather, mother through adoption, father through adoption, or foster parent who stood in loco parentis.
Gold Star Families Equality Act - Requires a lapel button to be designed to identify widows, parents, and next of kin of members of the Armed Forces who die, under circumstances not already prescribed for under existing eligibility standards for a gold star lapel button, while serving on active duty or while assigned to a reserve component in a drill status. Makes such next of kin button available retroactively to survivors of members of the Armed Forces who have died since September 10, 2001. Directs the Secretary of each military department and the Secretary of the department in which the Coast Guard is operating to provide for the issuance of a Gold Star Installation Access Card to family members with gold or next of kin buttons to expedite their ability to gain unescorted access to military installations for the purpose of obtaining on-base services and benefits. Requires regulations to be prescribed to permit parents (including stepparents, parents though adoption, or foster parents who stood in loco parentis) with such buttons to use commissary stores and other military retail facilities on the same basis as surviving spouses or children.
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SECTION 1. REQUIREMENT FOR LOBBYISTS TO SUBMIT QUARTERLY REPORTS ON CERTAIN CONTRIBUTIONS. Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end the following: ``(d) Quarterly Reports on Other Contributions.-- ``(1) In general.--Not later than 45 days after the end of the quarterly period beginning on the 20th day of January, April, July, and October of each year, or on the first business day after the 20th if that day is not a business day, each registrant under paragraphs (1) or (2) of section 4(a), and each employee who is listed as a lobbyist on a current registration or report filed under this Act, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing-- ``(A) the name of the registrant or lobbyist; ``(B) the employer of the lobbyist or the names of all political committees established or administered by the registrant; ``(C) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made by the lobbyist, the registrant, or a political committee established or administered by the registrant within the calendar year, and the date and amount of each contribution made within the quarter; ``(D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom a fundraising event was hosted, co- hosted, or sponsored by the lobbyist, the registrant, or a political committee established or administered by the registrant within the quarter, and the date, location, and total amount (or good faith estimate thereof) raised at such event; ``(E) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom aggregate contributions equal to or exceeding $200 were collected or arranged within the calendar year, and to the extent known the aggregate amount of such contributions (or a good faith estimate thereof) within the quarter for each recipient; ``(F) the name of each covered legislative branch official or covered executive branch official for whom the lobbyist, the registrant, or a political committee established or administered by the registrant provided, or directed or caused to be provided, any payment or reimbursements for travel and related expenses in connection with the duties of such covered official, including for each such official-- ``(i) an itemization of the payments or reimbursements provided to finance the travel and related expenses, and to whom the payments or reimbursements were made with the express or implied understanding or agreement that such funds will be used for travel and related expenses; ``(ii) the purpose and final itinerary of the trip, including a description of all meetings, tours, events, and outings attended; ``(iii) whether the registrant or lobbyist traveled on any such travel; ``(iv) the identity of the listed sponsor or sponsors of such travel; and ``(v) the identity of any person or entity, other than the listed sponsor or sponsors of the travel, who directly or indirectly provided for payment of travel and related expenses at the request or suggestion of the lobbyist, the registrant, or a political committee established or administered by the registrant; ``(G) the date, recipient, and amount of funds contributed, disbursed, or arranged (or a good faith estimate thereof) by the lobbyist, the registrant, or a political committee established or administered by the registrant-- ``(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official; ``(ii) to, or on behalf of, an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official; ``(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; or ``(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or for the benefit of, 1 or more covered legislative branch officials or covered executive branch officials; ``(H) the date, recipient, and amount of any gift (that under the standing rules of the House of Representatives or Senate counts towards the $100 cumulative annual limit described in such rules) valued in excess of $20 given by the lobbyist, the registrant, or a political committee established or administered by the registrant to a covered legislative branch official or covered executive branch official; and ``(I) the name of each Presidential library foundation and Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the lobbyist, the registrant, or a political committee established or administered by the registrant within the calendar year, and the date and amount of each such contribution within the quarter. ``(2) Rules of construction.-- ``(A) In general.--For purposes of this subsection, contributions, donations, or other funds-- ``(i) are `collected' by a lobbyist where funds donated by a person other than the lobbyist are received by the lobbyist for, or forwarded by the lobbyist to, a Federal candidate or other recipient; and ``(ii) are `arranged' by a lobbyist-- ``(I) where there is a formal or informal agreement, understanding, or arrangement between the lobbyist and a Federal candidate or other recipient that such contributions, donations, or other funds will be or have been credited or attributed by the Federal candidate or other recipient in records, designations, or formal or informal recognitions as having been raised, solicited, or directed by the lobbyist; or ``(II) where the lobbyist has actual knowledge that the Federal candidate or other recipient is aware that the contributions, donations, or other funds were solicited, arranged, or directed by the lobbyist. ``(B) Clarifications.--For the purposes of this paragraph-- ``(i) the term `lobbyist' shall include a lobbyist, registrant, or political committee established or administered by the registrant; and ``(ii) the term `Federal candidate or other recipient' shall include a Federal candidate, Federal officeholder, leadership PAC, or political party committee. ``(3) Definitions.--In this subsection, the following definitions shall apply: ``(A) Gift.--The term `gift'-- ``(i) means a gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value; and ``(ii) includes, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred-- ``(I) gifts of services; ``(II) training; ``(III) transportation; and ``(IV) lodging and meals. ``(B) Leadership pac.--The term `leadership PAC' means with respect to an individual holding Federal office, an unauthorized political committee which is associated with an individual holding Federal office, except that such term shall not apply in the case of a political committee of a political party.''.
Amends the Lobbying Disclosure Act of 1995 to require a lobbyist, registrant, or political committee established or administered by the registrant to file quarterly contribution reports that include, but are not limited to, the names of federal candidates or officerholders, leadership PACs, and political party committees (except for committees of a political party) for whom they collect or arrange contributions.
{"src": "billsum_train", "title": "To amend the Lobbying Disclosure Act of 1995 to require lobbyists to disclose the candidates, leadership PACs, and political party committees for whom they collect or arrange contributions, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Fertility Coverage Act of 2001''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Equity in fertility coverage.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--The provisions of section 2707 (other than subsection (c)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2753 of the Public Health Service Act.''. (d) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2002. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2002. (3) The amendment made by subsection (c) shall apply with respect to contracts for periods beginning on and after January 1, 2002. (e) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.
Equity in Fertility Coverage Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and Federal law provisions concerning the Federal employees health benefits program to require health plans covering impotency medications such as Viagra to also cover fertility treatments.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ryan White Grantee Medicaid Payment Equity Act of 2009''. SEC. 2. MEDICAID PAYMENT FOR SERVICES FURNISHED BY RYAN WHITE PART C GRANTEES ON A COST-BASED PROSPECTIVE PAYMENT SYSTEM. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(15), by inserting before the semicolon at the end the following: ``and provide for payment for services described in section 1905(a) provided by a recipient of a grant under part C of title XXVI of the Public Health Service Act in accordance with subsection (gg)''; and (2) by adding at the end the following new subsection: ``(gg) Payment for Services Provided by Ryan White Part C Grantees.-- ``(1) In general.--Beginning with fiscal year 2010 with respect to services furnished on or after January 1, 2010, and each succeeding fiscal year, the State plan shall provide for payment for services described in section 1905(a) (in this subsection referred to as `Medicaid covered services') furnished by a recipient of a grant under part C of title XXVI of the Public Health Service Act (in the subsection referred to as a `grantee') in accordance with the provisions of this subsection. ``(2) Fiscal year 2010.--Subject to paragraph (4), for services furnished on and after January 1, 2010, during fiscal year 2010, the State plan shall provide for payment for such services in an amount (calculated on a per visit or similar basis as specified by the Secretary) that is equal to 100 percent of the average of the costs of the grantee of furnishing such services during fiscal years 2008 and 2009 which are reasonable and related to the cost of furnishing such services, or based on such other tests of reasonableness as the Secretary prescribes in regulations under section 1833(a)(3), or, in the case of services to which such regulations do not apply, the same methodology used under section 1833(a)(3), adjusted to take into account any increase or decrease in the scope of such services furnished by the grantee during fiscal year 2010. ``(3) Fiscal year 2011 and succeeding fiscal years.-- Subject to paragraph (4), for services furnished during fiscal year 2011 or a succeeding fiscal year, the State plan shall provide for payment for such services in an amount (calculated on a per visit or similar basis) that is equal to the amount calculated for such services under this subsection for the preceding fiscal year-- ``(A) increased by the percentage increase in the MEI (as defined in section 1842(I)(3)) applicable to primary care services (as defined in section 1842(I)(4)) for that fiscal year; and ``(B) adjusted to take into account any increase or decrease in the scope of such services furnished by the grantee during that fiscal year. ``(4) Establishment of initial year payment amount for new grantees.--In any case in which an entity first becomes a grantee after fiscal year 2009, the State plan shall provide for payment for Medicaid covered services furnished by the entity in the first fiscal year in which the entity so qualifies in an amount (calculated on a per visit or similar basis) that is equal to 100 percent of the costs of furnishing such services during such fiscal year based on the rates established under this subsection for the fiscal year for other such grantees located in the same or adjacent area with a similar case load or, in the absence of such a grantee, in accordance with the regulations and methodology referred to in paragraph (2) or based on such other tests of reasonableness as the Secretary may specify. For each fiscal year following the fiscal year in which the entity first qualifies, the State plan shall provide for the payment amount to be calculated in accordance with paragraph (3). ``(5) Administration in the case of managed care.-- ``(A) In general.--In the case of services furnished by a grantee pursuant to a contract between the grantee and a managed care entity (as defined in section 1932(a)(1)(B)), the State plan shall provide for payment to the grantee by the State of a supplemental payment equal to the amount (if any) by which the amount determined under paragraphs (2), (3), and (4) exceeds the amount of the payments provided under the contract. ``(B) Payment schedule.--The supplemental payment required under subparagraph (A) shall be made pursuant to a payment schedule agreed to by the State and the grantee, but in no case less frequently than every 4 months. ``(6) Alternative payment methodologies.--Notwithstanding any other provision of this section, the State plan may provide for payment in any fiscal year to a grantee for Medicaid covered services in an amount which is determined under an alternative payment methodology that-- ``(A) is agreed to by the State and the grantee; and ``(B) results in payment to the grantee of an amount which is at least equal to the amount otherwise required to be paid to the grantee under this subsection.''. (b) Effective Date.-- (1) Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to services furnished on or after January 1, 2010, without regard to whether or not final regulations to carry out such amendment shave been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
Ryan White Grantee Medicaid Payment Equity Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for payment for Medicaid services furnished by a recipient of a grant under part C of title XXVI of the Public Health Service Act (Ryan White Part C grantees) under a cost-based prospective payment system.
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SECTION 1. TEACHING CHILDREN TO SAVE LIVES. Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) is amended by adding at the end the following: ``PART G--TEACHING CHILDREN TO SAVE LIVES ``SEC. 1271. SHORT TITLE. ``This part may be cited as the `Teaching Children To Save Lives Act'. ``SEC. 1272. FINDINGS. ``The Congress finds the following: ``(1) Teaching school children to perform the life-saving skill of cardiopulmonary resuscitation (CPR), to identify and respond to choking victims, and to recognize the signs of stroke can improve their confidence in responding to an emergency and can encourage continued efforts to update these skills after graduation, thereby potentially reducing the rate of death from sudden cardiac arrest, choking and stroke. ``(2) Heart disease is the leading cause of death in the United States. ``(3) 220,000 Americans die each year of sudden cardiac arrest. ``(4) The American Heart Association estimates that the lives of 50,000 cardiac arrest victims could be saved each year through initiating a course of action known as the `chain of survival'. ``(5) The chain of survival includes prompt notification of emergency services and early CPR, defibrillation, and advanced cardiac life support. ``(6) An important part of United States school children's education is learning healthy behaviors, including proper nutrition and physical activity. This health education should also include basic emergency life-saving skills. ``(7) Incorporating these lifesaving training programs into the health curriculum of elementary and secondary schools will give school children these skills. ``SEC. 1273. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS. ``(a) In General.--The Secretary, acting through the Health Resources and Services Administration, is authorized to award grants to State agencies to enable the State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training in targeted localities. Such training shall utilize nationally recognized training courses. Such grants in conjunction with local efforts shall ensure that training sites have the ability to start up, including funds for instructor training, training in CPR instruction, purchase of printed informational or instructional materials, manikins, automated external defibrillator (AED) training devices, and other equipment. ``(b) Community Partnerships.--A State agency shall award grants under this section in a manner that encourages and fosters new and existing community partnerships with and among public and private organizations (such as local educational agencies, nonprofit organizations, public health organizations, emergency medical service providers, fire and police departments, and parent-teacher associations) to aid in providing CPR training in a nationally approved program in targeted schools. ``(c) Award Basis.--In awarding grants under this section a State agency shall take into consideration-- ``(1) the need for and existence of CPR training programs in targeted schools or communities served by targeted schools; ``(2) geographic barriers to coordinating CPR training programs; and ``(3) options to maximize the use of funds provided under this section. ``(d) AED Training Devices.--To be eligible to receive a grant under this section for the purchase of an AED training device, a local agency or targeted school shall demonstrate that such agency or school is currently implementing a CPR training program. ``(e) Definitions.--In this section: ``(1) AED.--The term `AED' means automated external defibrillator. ``(2) CPR.--The term `CPR' means cardiopulmonary resuscitation. ``(3) Instructor.--The term `instructor' means a nurse, principal, school counselor, teacher, or other qualified individual who is certified by a nationally recognized program to train individuals in CPR. ``(4) Targeted school.--The term `targeted school' means a public elementary school or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965) that includes students in any of grades 6 through 12. ``(f) Regulations.--The Secretary may make rules to carry out this part. ``SEC. 1274. REPORT. ``The Secretary shall prepare and submit to Congress a report regarding the activities assisted under this part. ``SEC. 1275. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, $30,000,000 for the 3-fiscal year period beginning in fiscal year 2002.''. Passed the Senate November 16, 2001. Attest: JERI THOMSON, Secretary.
Teaching Children to Save Lives Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to make grants to State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training. Requires such training to use nationally recognized training courses, and to be in public schools which include students in any of grades six through 12.Requires such grants to be used to: (1) ensure, in conjunction with local efforts, that training sites have the ability to start up; and (2) foster community partnerships among public and private organizations to help provide such training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Contact Lens Consumers Act''. SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS. (a) In General.--Upon completion of a contact lens fitting, a prescriber-- (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means. (b) Limitations.--A prescriber may not-- (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); (2) require payment in addition to the examination fee as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. A contact lens prescription shall expire-- (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; (2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS. Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription. SEC. 5. PROHIBITION OF CERTAIN WAIVERS. A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. SEC. 6. VIOLATIONS. Any violation of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. SEC. 7. STUDY AND REPORT. (a) Study.--The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) The States that have laws that require active or passive verification for the sale of contact lenses. (2) With respect to the States that require active verification, the practices of prescribers in complying with State law, the effect of noncompliance, and the harm to competition and consumers that results from noncompliance. (3) With respect to the States that require active verification, the level of enforcement and any problems relating to enforcement. (4) The impact on competition of verification standards adopted by retail sellers of prescription contact lenses. (5) With respect to States that require passive verification or have no applicable verification laws, the possible effect of such laws or lack thereof on the ocular health of patients. In addition, the effect of such laws or lack thereof on compliance by sellers in confirming valid contact lens prescriptions, including expiration dates. The Commission shall consult the Food and Drug Administration on this particular issue. (6) The incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (7) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report.--Not later than 9 months after the date of the enactment of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). SEC. 8. DEFINITIONS. As used in this Act: (1) Contact lens fitting.--The term ``contact lens fitting'' means the process that begins after the initial eye examination and ends when the prescriber is satisfied that a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include-- (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary followup examinations. (2) Prescriber.--The term ``prescriber'' means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription.--The term ``contact lens prescription'' means a prescription, issued in accordance with State and Federal law, that contains the specifications necessary for a patient to obtain contact lenses and may include such items as the following: (A) The name of the patient. (B) The date of the examination. (C) The issue date and the expiration date of the prescription. (D) A clear notation contact lenses are suitable for the patient. (E) The parameters and instructions that are necessary for manufacture and duplication of the lenses. (F) The name, postal address, telephone number, and facsimile telephone number of the prescriber. (G) The expiration date of the prescription. SEC. 9. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.
Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge.Declares that a contact lens prescription shall expire: (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; or (2) not less than one year after the issue date of the prescription, if such State law specifies no date or a date that is less than one year after the date of the prescription. Permits an exception in either instance for a patient's ocular health.Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain waivers.States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Erroneous Payments Recovery Act of 2001''. SEC. 2. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN PAYMENTS TO CONTRACTORS AND RECOVERY OF AMOUNTS ERRONEOUSLY PAID. (a) Program Required.--The head of each executive agency that enters into contracts with a total value in excess of $500,000,000 in a fiscal year shall carry out a cost-effective program for identifying any errors made in paying the contractors and for recovering any amounts erroneously paid to the contractors. (b) Recovery Audits and Activities.--A program of an executive agency under subsection (a) shall include recovery audits and recovery activities. The head of the executive agency shall determine, in accordance with guidance provided under subsection (c), the classes of contracts to which recovery audits and recovery activities are appropriately applied. (c) OMB Guidance.--The Director of the Office of Management and Budget shall issue guidance for the conduct of programs under subsection (a). The guidance shall include the following: (1) Definitions of the terms ``recovery audit'' and ``recovery activity'' for the purposes of the programs. (2) The classes of contracts to which recovery audits and recovery activities are appropriately applied under the programs. (3) Protections for the confidentiality of-- (A) sensitive financial information that has not been released for use by the general public; and (B) information that could be used to identify a person. (4) Policies and procedures for ensuring that the implementation of the programs does not result in duplicative audits of contractor records. (5) Policies regarding the types of contracts executive agencies may use for the procurement of recovery services, including guidance for use, in appropriate circumstances, of a contingency contract pursuant to which the head of an executive agency may pay a contractor an amount equal to a percentage of the total amount collected for the United States pursuant to that contract. (6) Protections for a contractor's records and facilities through restrictions on the authority of a contractor under a contract for the procurement of recovery services for an executive agency-- (A) to require the production of any record or information by any person other than an officer, employee, or agent of the executive agency; (B) to establish, or otherwise have, a physical presence on the property or premises of any private sector entity for the purposes of performing the contract; or (C) to act as agents for the Government in the recovery of funds erroneously paid to contractors. (7) Policies for the appropriate types of management improvement programs authorized by section 5 that executive agencies may carry out to address overpayment problems and the recovery of overpayments. SEC. 3. DISPOSITION OF RECOVERED FUNDS. (a) Availability of Funds for Recovery Audits and Activities Program.--Funds collected under a program carried out by an executive agency under section 2 shall be available to the executive agency, without further appropriation, for the following purposes: (1) To reimburse the actual expenses incurred by the executive agency in the administration of the program. (2) To pay contractors for services under the program in accordance with the guidance issued under section 2(c)(5). (b) Funds Not Used for Program.--Any amounts erroneously paid by an executive agency that are recovered under such a program of an executive agency and are not used to reimburse expenses or pay contractors under subsection (a)-- (1) shall be credited to the appropriations from which the erroneous payments were made that remain available for obligation as of the time such amounts were collected, shall be merged with other amounts in those appropriations, and shall be available for the purposes and period for which such appropriations are available; or (2) if no such appropriation remains available for obligation at that time, shall be disposed of as provided in subsection (c). (c) Other Dispositions.--Of the total amount collected under such a program of an executive agency that is to be disposed of under this subsection-- (1) up to 25 percent of such amount may be expended by the head of the executive agency for carrying out any management improvement program of the executive agency under section 5; and (2) the remainder of that total amount, including any amount not expended under paragraph (1), shall be deposited in the Treasury as miscellaneous receipts. (d) Priority of Other Authorized Dispositions.--Notwithstanding subsections (b) and (c), the authority under such subsections may not be exercised to use, credit, or deposit funds collected under such a program as provided in those subsections to the extent that any other provision of law requires or authorizes the crediting of such funds to a nonappropriated fund instrumentality, revolving fund, working-capital fund, trust fund, or other fund or account. SEC. 4. SOURCES OF RECOVERY SERVICES. (a) Consideration of Available Recovery Resources.--(1) In carrying out a program under section 2, the head of an executive agency shall consider all resources available to that official to carry out the program. (2) The resources considered by the head of an executive agency for carrying out the program shall include the resources available to the executive agency for such purpose from the following sources: (A) The executive agency. (B) Other departments and agencies of the United States. (C) Private sector sources. (b) Compliance With Applicable Law and Regulations.--Before entering into a contract with a private sector source for the performance of services under a program of the executive agency carried out under section 2, the head of an executive agency shall comply with-- (1) any otherwise applicable provisions of Office of Management and Budget Circular A-76; and (2) any other applicable provision of law or regulation with respect to the selection between employees of the United States and private sector sources for the performance of services. SEC. 5. MANAGEMENT IMPROVEMENT PROGRAMS. In accordance with guidance provided by the Director of the Office of Management and Budget under section 2, the head of an executive agency required to carry out a program under section 2 may carry out a program for improving management processes within the executive agency-- (1) to address problems that contribute directly to the occurrence of errors in the paying of contractors of the executive agency; or (2) to improve the recovery of overpayments due to the agency. SEC. 6. REPORTS. (a) Requirement for Reports.--Not later than 30 months after the date of the enactment of this Act, and annually for each of the first two years following the year of the first report, the Director of the Office of Management and Budget shall submit to the House Committee on Government Reform and the Senate Committee on Governmental Affairs, a report on the implementation of this Act. (b) Content.--Each report shall include-- (1) a general description and evaluation of the steps taken by the heads of executive agencies to carry out the programs under this Act, including any management improvement programs carried out under section 5; (2) the costs incurred by executive agencies to carry out the programs under this Act; and (3) the amounts recovered under the programs under this Act. SEC. 7. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL. Nothing in this Act shall be construed as impairing the authority of an Inspector General under the Inspector General Act of 1978 or any other provision of law. SEC. 8. PRIVACY PROTECTIONS. (a) Prohibition.--Any nongovernmental entity that, in the course of recovery auditing or recovery activity under this Act, obtains information that identifies an individual or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual, may not disclose the information for any purpose other than such recovery auditing or recovery activity and governmental oversight of such activity, unless disclosure for that other purpose is authorized by the individual to the executive agency that contracted for the performance of the recovery auditing or recovery activity. (b) Liability.--Any person that violates subsection (a) shall be liable for any damages (including nonpecuniary damages), costs, and attorneys fees incurred by the individual as a result of the violation. SEC. 9. DEFINITION. In this Act, the term ``executive agency'' has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
Erroneous Payments Recovery Act of 2001 - Requires each executive agency that enters into contracts with a total value in excess of $500 million in a fiscal year to carry out a cost-effective program for: (1) identifying errors made in paying contractors; and (2) recovering amounts erroneously paid. Requires the Director of the Office of Management and Budget to issue guidance for conducting such programs.Requires funds collected under such a program to be available to reimburse the agency for program expenses and to pay contractors for recovery services under the program. Requires remaining recovered amounts: (1) to be credited to the appropriations from which such payments were made that remain available for obligation; or (2) if no such appropriation remains available, to be disposed of by the affected agency head for carrying out a management improvement program (25 percent) with the remainder to be deposited in the Treasury.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Employment, Training and Related Services Demonstration Act Amendments of 2000''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--The Congress finds that-- (1) Indian tribes and Alaska Native organizations that have participated in carrying out programs under the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) have-- (A) improved the effectiveness of employment- related services provided by those tribes and organizations to their members; (B) enabled more Indian and Alaska Native people to prepare for and secure employment; (C) assisted in transitioning tribal members from welfare to work; and (D) otherwise demonstrated the value of integrating employment, training, education and related services. (E) the initiatives under the Indian Employment, Training, and Related Services Demonstration Act of 1992 should be strengthened by ensuring that all Federal programs that emphasize the value of work may be included within a demonstration program of an Indian or Alaska Native organization; (F) the initiatives under the Indian Employment, Training, and Related Services Demonstration Act of 1992 should have the benefit of the support and attention of the officials with policymaking authority of-- (i) the Department of the Interior; (ii) other Federal agencies that administer programs covered by the Indian Employment, Training, and Related Services Demonstration Act of 1992. (b) Purposes.--The purposes of this Act are to demonstrate how Indian tribal governments can integrate the employment, training and related services they provide in order to improve the effectiveness of those services, reduce joblessness in Indian communities, foster economic development on Indian lands, and serve tribally-determined goals consistent with the policies of self-determination and self- governance. SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992. (a) Definitions.--Section 3 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2) the following: ``(1) Federal agency.--The term `federal agency' has the same meaning given the term `agency' in section 551(1) of title 5, United States Code.''. (b) Programs Affected.--Section 5 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3404) is amended by striking ``job training, tribal work experience, employment opportunities, or skill development, or any program designed for the enhancement of job opportunities or employment training'' and inserting the following: ``assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing Indian Youth and adults with the world of work, facilitating the creation of job opportunities and any services related to these activities''. (c) Plan Review.--Section 7 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended-- (1) by striking ``Federal department'' and inserting ``Federal agency''; (2) by striking ``Federal departmental'' and inserting ``Federal agency''; (3) by striking ``department'' each place it appears and inserting ``agency''; and (4) in the third sentence, by inserting ``statutory requirement,'', after ``to waive any''. (d) Plan Approval.--Section 8 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) in the first sentence, by inserting before the period at the end the following; ``, including any request for a waiver that is made as part of the plan submitted by the tribal government''; (2) in the second sentence, by inserting before the period at the end the following: ``, including reconsidering the disapproval of any waiver requested by the Indian tribe''. (e) Job Creation Activities Authorized.--Section 9 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) by inserting ``(a) In General.--'' before ``The plan submitted''; and (2) by adding at the end the following: ``(b) Job Creation Opportunities.-- ``(1) In general.--Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use a percentage of the funds made available under this Act (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 10. ``(2) Determination of percentage.--The percentage of funds that a tribal government may use under this subsection is the greater of-- ``(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or ``(B) 10 percent. ``(c) Limitation.--The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.''. SEC. 4. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM INTEGRATION. Not later than one year after the date of enactment of this Act, the Secretary, the Secretary of Health and Human Services, the Secretary of Labor, and the tribes and organizations participating in the integration initiative under this Act shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the opportunities for expanding the integration of human resource development and economic development programs under this Act, and the feasibility of establishing Joint Funding Agreements to authorize tribes to access and coordinated funds and resources from various agencies for purposes of human resources development, physical infrastructure development, and economic development assistance in general. Such report shall identify programs or activities which might be integrated and make recommendations for the removal of any statutory or other barriers to such integration. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act. Passed the Senate May 18, 2000. Attest: GARY SISCO, Secretary.
Permits a regional consortium of Alaska Native villages or regional or village corporations to carry out a project under a plan that meets the Act's requirements through a resolution adopted by the governing body of that consortium or corporation. Provides that such authorization shall not prohibit such a village or corporation from withdrawing from participation in any portion of a program. (Sec. 104) Requires the Secretaries of the Interior, Health and Human Services, and Labor, and the tribes and organizations participating in the integration initiative under the Act to report to the Senate Committee on Indian Affairs and the House Committee on Resources on the opportunities for expanding the integration of human resource development and economic development programs, and the feasibility of establishing Joint Funding Agreements to authorize tribes to access and coordinate funds and resources from various agencies for purposes of human resources development, physical infrastructure development, and economic development assistance in general. Requires such report to identify programs or activities that might be integrated and make recommendations for the removal of any statutory or other barriers to such integration. Title II: Limitation on Parties Liable in Certain Land Disputes - Provides that, in any action brought claiming an interest in land or natural resources located in Oneida or Madison counties in the State of New York that arises from: (1) the failure of Congress to approve or ratify the transfer of such land or natural resources from, by, or on behalf of any Indian nation, tribe, or band; or (2) a violation of any U.S. law that is specifically applicable to the transfer of land or natural resources from, by, or on behalf of any Indian nation, tribe, or band, liability shall be limited to the party to whom the Indian nation, tribe, or band allegedly transferred the land or natural resources.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Detection and Intervention Act of 2017''. SEC. 2. FINDINGS. Congress finds as follows: (1) Deaf and hard-of-hearing newborns, infants, and young children require access to specialized early intervention providers and programs in order to help them meet their linguistic and cognitive potential. (2) Families of deaf and hard-of-hearing newborns, infants, and young children benefit from comprehensive early intervention programs that assist them in supporting their child's development in all domains. (3) Best practices principles for early intervention for deaf and hard-of-hearing newborns, infants, and young children have been identified in a range of areas, including listening and spoken language and visual and signed language acquisition, family-to-family support, support from individuals who are deaf or hard-of-hearing, progress monitoring, and others. (4) Effective hearing screening and early intervention programs must be in place to identify hearing levels in deaf and hard-of-hearing newborns, infants, and young children so that they may access appropriate early intervention programs in a timely manner. SEC. 3. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN. Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is amended to read as follows: ``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN. ``(a) Health Resources and Services Administration.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide newborn, infant, and young childhood hearing screening, diagnosis, evaluation, and intervention programs and systems, and to assist in the recruitment, retention, education, and training of qualified personnel and health care providers (including education and training of family members) for the following purposes: ``(1) To develop and monitor the efficacy of statewide programs and systems for hearing screening of newborns, infants, and young children, prompt evaluation and diagnosis of newborns, infants, and young children referred from screening programs, and appropriate educational, audiological, medical, and communications (or language acquisition) interventions (including family support) for newborns, infants, and young children identified as deaf or hard-of-hearing, consistent with the following: ``(A) Early intervention includes referral to, and delivery of, information and services by organizations such as schools and agencies (including community, consumer, and family-based agencies), medical homes for children, and other programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), which offer programs specifically designed to meet the unique language and communication needs of deaf and hard-of-hearing newborns, infants, and young children. ``(B) Information provided to parents shall be accurate, comprehensive, and, where appropriate, evidence-based, allowing families to make important decisions for their children in a timely way, including decisions relating to all possible assistive hearing technologies (such as hearing aids, cochlear implants, and osseointegrated devices) and communication modalities (such as oral and visual communications and language acquisition services and programs). ``(C) Programs and systems under this paragraph shall offer mechanisms that foster family-to-family and deaf and hard-of-hearing consumer-to-family supports. ``(2) To continue to provide technical support to States, through one or more technical resource centers, to assist in further developing and enhancing State early hearing detection and intervention programs. ``(3) To identify or develop efficient models (educational and medical) to ensure that newborns, infants, and young children who are identified through screening as deaf or hard- of-hearing receive, as appropriate, follow-up by qualified early intervention providers, qualified health care providers, or medical homes for children and referrals to early intervention services (including special education and related services, as appropriate) under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.). State agencies shall be encouraged to effectively increase the rate of such follow-up and referral. ``(b) Technical Assistance, Data Management, and Applied Research.-- ``(1) Centers for disease control and prevention.-- ``(A) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies or designated entities of States-- ``(i) for the development, maintenance, and improvement of data tracking and surveillance systems on newborn, infant, and young childhood hearing screening, audiologic evaluations, medical evaluations, language-acquisition evaluations, and intervention services; ``(ii) to conduct applied research related to services and outcomes; ``(iii) to provide technical assistance related to newborn, infant, and young childhood hearing screening, evaluation, and intervention programs, and information systems; ``(iv) to ensure high-quality monitoring of hearing screening, evaluation, and intervention programs and systems for newborns, infants, and young children; and ``(v) to coordinate developing standardized procedures for data management and assessing program and cost effectiveness. ``(B) Use of awards.--The awards under subparagraph (A) may be used-- ``(i) to provide technical assistance on data collection and management; ``(ii) to study and report on the costs and effectiveness of newborn, infant, and young childhood hearing screening, evaluation, diagnosis, intervention programs, and systems in order to address issues of importance to State and national policy makers; ``(iii) to collect data and report on newborn, infant, and young childhood hearing screening, evaluation, diagnosis, and intervention programs and systems that can be used for applied research, program evaluation, and policy development; ``(iv) to identify the causes and risk factors for congenital hearing loss; ``(v) to study the effectiveness of newborn, infant, and young childhood hearing screening, audiologic evaluations, medical evaluations, and intervention programs and systems by assessing the health, intellectual and social developmental, cognitive, and hearing status of children at school age; and ``(vi) to promote the integration, linkage, and interoperability of data regarding early hearing loss and multiple sources to increase information exchanges between clinical care and public health, including the ability of States and territories to exchange and share data. ``(2) National institutes of health.--The Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall, for purposes of this section, continue a program of research and development on the efficacy of new screening techniques and technology, including clinical studies of screening methods, studies on the efficacy of intervention, and related research. ``(c) Coordination and Collaboration.-- ``(1) In general.--In carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with-- ``(A) other Federal agencies; ``(B) State and local agencies, including agencies responsible for early intervention services (including special education and related services, as appropriate) pursuant to title V of the Social Security Act (42 U.S.C. 701 et seq.) (Maternal and Child Health Services Block Grant), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (Medicaid Early and Periodic Screening, Diagnosis and Treatment Program), title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) (State Children's Health Insurance Program), and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); ``(C) consumer groups of, and that serve, individuals who are deaf and hard-of-hearing and their families; ``(D) appropriate national medical and other health and education specialty organizations; ``(E) individuals who are deaf or hard-of-hearing and their families; ``(F) other qualified professional personnel who are proficient in deaf or hard-of-hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard- of-hearing newborns, infants, young children, and their families; ``(G) third-party payers and managed-care organizations; and ``(H) related commercial industries. ``(2) Policy development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical, and other health and education professional- based organizations, with respect to newborn and infant hearing screening, evaluation, diagnosis, and intervention programs and systems. ``(3) State early detection, diagnosis, and intervention programs and systems; data collection.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States-- ``(A) to establish newborn, infant, and young childhood hearing screening, evaluation, diagnosis, and intervention programs and systems under subsection (a); and ``(B) to develop a data collection system under subsection (b)(1). ``(d) Rule of Construction; Religious Accommodation.--Nothing in this section shall be construed to preempt or prohibit any State law, including State laws that do not require the screening for hearing loss of newborns, infants, or young children of any parent who objects to the screening on the grounds that such screening conflicts with the parent's religious beliefs. ``(e) Definitions.--For purposes of this section: ``(1) The term `audiologic', when used in connection with evaluation, means procedures-- ``(A) to assess the status of the auditory system; ``(B) to establish the site of the auditory disorder, the type and degree of hearing loss, and the potential effects of hearing loss on communication; and ``(C) to identify appropriate treatment and referral options, including-- ``(i) linkage to State agencies coordinating the programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) or other appropriate agencies; ``(ii) medical evaluation; ``(iii) hearing aid or sensory aid assessment; ``(iv) audiologic rehabilitation treatment; and ``(v) referral to national and local consumer, self-help, family, and education organizations, and other family-centered services. ``(2) The term `early intervention' means-- ``(A) providing appropriate services for a child who is deaf or hard-of-hearing, including nonmedical services; and ``(B) ensuring the family of such child is-- ``(i) provided comprehensive, consumer- oriented information about the full range of family support, training, information services, and language acquisition in oral and visual modalities; and ``(ii) given the opportunity to consider and obtain the full range of such appropriate services, educational and program placements, and other options for the child from highly qualified providers. ``(3) The term `medical evaluation' means key components performed by a physician, including history, examination, and medical decisionmaking focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options. ``(4) The term `medical intervention' means the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or other medical disorders associated with hearing loss. ``(5) The term `newborn, infant, and young childhood hearing screening' means objective physiologic procedures to detect possible hearing loss and to identify newborns, infants, and young children up to the age of three who require further audiologic evaluations and medical evaluations. ``(f) Authorization of Appropriations.-- ``(1) Statewide newborn, infant, and young childhood hearing screening, evaluation and intervention programs and systems.--For the purpose of carrying out subsection (a), there are authorized to be appropriated to the Health Resources and Services Administration $17,800,000 for each of fiscal years 2018 through 2022. ``(2) Technical assistance, data management, and applied research; centers for disease control and prevention.--For the purpose of carrying out subsection (b)(1), there are authorized to be appropriated to the Centers for Disease Control and Prevention $10,800,000 for each of fiscal years 2018 through 2022. ``(3) Technical assistance, data management, and applied research; national institute on deafness and other communication disorders.--No additional funds are authorized to be appropriated for the purpose of carrying out subsection (b)(2). Such subsection shall be carried out using funds which are otherwise authorized (under section 402A or other provisions of law) to be appropriated for such purpose.''.
Early Hearing Detection and Intervention Act of 2017 This bill amends the Public Health Service Act to revise programs for deaf and hard-of-hearing newborns and infants, including to expand the programs to include young children. The programs are reauthorized through FY2022. Health Resources and Services Administration support for the education and training of personnel and health care providers for such programs is expanded to include education and training of family members.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``AIDS Orphans Relief Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) By the end of 2000, 10,400,000 children in Sub-Saharan Africa will have lost their mother, or both parents, to Acquired Immune Deficiency Syndrome (AIDS). (2) In the next decade, 40,000,000 children will become orphans as a result of the AIDS pandemic, most of them located in Sub-Saharan Africa. (3) Over the next 20 years, AIDS threatens to reduce substantially economic progress in the nations of Sub-Saharan Africa. (4) Success or failure in fighting the AIDS pandemic will effect the spread of the disease to India, Asia, and the states of the former Soviet Union. (5) By 2005, more than 100,000,000 people worldwide will have been infected with Human Immunodeficiency Virus (HIV), the precursor to AIDS. (6) Effective assistance for children orphaned by AIDS, and for those caring for such children, must strengthen the surviving families. (7) The development and expansion of sustainable microfinance institutions that provide access to credit, savings, and other financial services to the very poor, especially women, are critical components in a global strategy to address the devastating economic and social effects of AIDS. (8) Microfinance programs are particularly effective in helping those left to care for AIDS orphans by providing the caregivers the means of pursuing a livelihood. (9) Microfinance programs have been shown to be particularly effective in permitting individuals with AIDS to have access to services and credit not otherwise available to such individuals, including health insurance, life insurance, counseling, and group support. (10) Food aid can be a critical component in mitigating the impact of AIDS on communities by addressing the nutritional needs of individuals with AIDS and assisting households left destitute by AIDS, and as a part of a larger, comprehensive effort to strengthen and restore sustainable livelihood strategies for households and communities affected by AIDS. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to make microfinance programs an important component of United States policy in fighting the effects of the Acquired Immune Deficiency Syndrome (AIDS) pandemic worldwide; and (2) to encourage targeted use of food and food-related assistance for humanitarian purposes and for sustainable development in communities affected by AIDS. SEC. 4. MICROCREDIT PROGRAMS. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 131. ASSISTANCE FOR MICROCREDIT PROGRAMS FOR COMMUNITIES AFFECTED BY AIDS. ``(a) In General.--In addition to any other funds authorized to be appropriated by this chapter for micro-enterprise activities or activities relating to Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS), there is authorized to be appropriated each fiscal year, $50,000,000 for purposes of assisting microcredit programs that serve the very poor, especially women, in communities heavily affected by AIDS. ``(b) Program Elements.--(1) The maximum amount of credit provided an individual under a microcredit program under subsection (a) may not exceed $600 and (b) the average loan size for a program receiving resources under this section may not exceed $300. ``(2) To the maximum extent practicable, amounts shall be provided under subsection (a) for programs that-- ``(A) provide HIV prevention or AIDS care and support, whether directly or through linkages with other programs; ``(B) employ best practices for assisting the very poor; and ``(C) operate in a sustainable manner.''. SEC. 5. FOOD ASSISTANCE PROGRAMS. Title IV of the Agricultural Trade and Development Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at the end the following new section: ``SEC. 416. ASSISTANCE FOR COMMUNITIES AFFECTED BY AIDS. ``(a) In General.--The President may provide food assistance under this Act to developing countries in order to assist such countries in mitigating the effects of Acquired Immune Deficiency Syndrome (AIDS) on communities in such countries, including-- ``(1) assistance to address the nutritional needs of individuals in such communities who have AIDS; ``(2) assistance for households affected by AIDS; and ``(3) assistance as part of other aid or assistance designed to create or restore sustainable livelihood strategies in communities affected by AIDS. ``(b) Authorization of Appropriations.-- ``(1) Authorization.--There is authorized to appropriated each fiscal year, $50,000,000 for purposes of providing assistance under this section. ``(2) Relationship to other authorizations.--Amounts authorized to be appropriated for a fiscal year by paragraph (1) are in addition to any other amounts authorized to be appropriated by this Act for such fiscal year.''.
Amends the Agricultural Trade and Development Assistance Act of 1954 to authorize the President to provide food assistance to developing countries in order to assist them in mitigating the effects of AIDS. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Avalanche Protection Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the avalanche protection program established under section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. AVALANCHE PROTECTION PROGRAM. (a) Establishment.--The Secretary, acting through the Chief of the Forest Service, shall establish a coordinated avalanche protection program to-- (1) identify the potential for avalanches on Federal lands and inform the public, including users of those lands and other potentially affected parties, about the probability of such avalanches and their potential adverse effects on neighboring communities and on transportation and utility corridors; (2) carry out ongoing research regarding the causes of avalanche development, so as to improve forecasting of avalanche events; and (3) reduce the risks of avalanches on Federal lands and mitigate their effects on users of those lands, neighboring communities, and transportation and utility corridors. (b) Coordination.-- (1) In general.--In developing and implementing the program, the Secretary shall consult with the Secretary of the Interior, and coordinate the program to ensure adequate levels of protection for recreational users of public land under the jurisdiction of such Secretary. (2) Resources.--In carrying out this section, the Secretary-- (A) shall, to the maximum extent practicable, use the resources of the National Avalanche Center of the Forest Service; and (B) may use such other resources as the Secretary has available in the development and implementation of the program. (c) Advisory Committee.-- (1) In general.--The Secretary shall establish an advisory committee of 15 members, appointed by the Secretary, to assist in the development and implementation of the program. (2) Membership.--The membership of the advisory committee established pursuant to paragraph (1) shall include representatives of-- (A) Federal land management agencies and concessionaires or permittees that are exposed to the threat of avalanches; (B) State departments of transportation that have experience in dealing with the effects of avalanches; (C) the Alaska railroad; (D) the United States Geological Survey; (E) the National Oceanic and Atmospheric Administration; (F) the National Weather Service; (G) entities with interest in the program that the Secretary considers appropriate for representation on the board; (H) authorized users of artillery, other military weapons, or weapons alternatives used for avalanche control; and (I) such other members as the Secretary considers appropriate. (d) Central Depository.--The Secretary, the Secretary of Transportation, and the Secretary of the Army shall establish a central depository for weapons, ammunition, and parts for avalanche control purposes, including an inventory that can be made available to Federal and non-Federal entities for avalanche control purposes under the program. (e) Grants.-- (1) In general.--The Secretary may make grants to carry out projects and activities under the program-- (A) to assist in the prevention, forecasting, detection, and mitigation of avalanches for the safety and protection of persons, property, and at-risk communities; (B) to maintain essential transportation, utilities, and communications affected or potentially affected by avalanches; (C) to assist avalanche artillery users to ensure the availability of adequate supplies of artillery and other unique explosives required for avalanche control in or affecting-- (i) Federal land used for recreation purposes; and (ii) adjacent communities, and essential transportation corridors, that are at risk of avalanches; and (D) to assist public or private persons and entities in public education regarding avalanches and in conducting research and development activities for cost-effective and reliable alternatives to minimize reliance on military weapons for avalanche control. (2) Priority.--For each fiscal year for which funds are made available under section 4, the Secretary shall give priority to projects and activities carried out in avalanche zones-- (A) with a high frequency or severity of avalanches; or (B) in which deaths or serious injuries to individuals, or loss or damage to public facilities and communities, have occurred or are likely to occur. (f) Surplus Ordinance.--Section 549(c)(3) of title 40, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of surplus artillery ordinance that is suitable for avalanche control purposes, to a user of such ordinance.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 2008 through 2012. SEC. 5. LIMITATION. Nothing in this Act shall be construed to require use of artillery or any other avalanche-related actions affecting any unit of the National Park System or any other Federal lands or to limit the applicability of any Federal law or regulation with respect to any such actions on such lands.
Federal Land Avalanche Protection Act of 2007 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish an avalanche protection program to: (1) identify the potential for avalanches on federal lands and inform the public about the probability of avalanches and their potential adverse effects; (2) carry out ongoing research to improve avalanche forecasting; and (3) reduce the risks of avalanches and mitigate their effects. Requires the Secretary: (1) to coordinate the program to ensure protection for recreational users of public land under the Secretary of the Interior's jurisdiction, using resources of the Forest Service's National Avalanche Center; (2) to establish an advisory committee to assist in program development and implementation; and (3) with the Secretary of Transportation and the Secretary of the Army, to establish a central depository for weapons, ammunition, and parts for avalanche control purposes. Authorizes the Secretary to make grants to carry out projects and activities to: (1) assist in the prevention, forecasting, detection, and mitigation of avalanches; (2) maintain essential transportation, utilities, and communications; (3) assist avalanche artillery users to ensure the availability of adequate supplies of artillery and explosives required for avalanche control in specified areas; and (4) assist research and development activities for alternatives to minimize reliance on military weapons for avalanche control. Directs the Secretary to give priority to projects carried out in avalanche zones with a high frequency or severity of avalanches or in which deaths, injuries, or damage to public facilities and communities have occurred. Requires the Administrator of General Services to transfer specified property suitable for avalanche control purposes to a user of surplus ordnance.
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SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2005''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'') for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)-- (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; and (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Comptroller General of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) 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. (j) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e).
Faster FOIA Act of 2005 - Establishes a 16-member Commission on Freedom of Information Act Processing Delays to conduct a study concerning methods to: (1) reduce delays in processing Freedom of Information Act (FOIA) requests submitted to Federal agencies; and (2) ensure the efficient and equitable administration of FOIA throughout the Government. Requires the study to also address whether FOIA fees and fee waivers need to be reformed. Requires the Commission to submit study results and recommendations to Congress and the President within one year. Directs the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service to provide the Commission with information needed by the Commission to carry out its functions. States that the Commission shall terminate 30 days after submitting its report.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States and the territories of the United States contain 169 hazardous volcanoes; (2) since 1980, eruptions have claimed many lives and cost billions of dollars in property damage in the United States; (3) ash eruptions pose a hazard to high-flying jet aircraft, including the more than 50,000 passengers who travel on jets over Alaska and the North Pacific every day; (4) in 1989, an eruption of Redoubt Volcano, Alaska, caused in-flight failure of all 4 engines of a passenger Boeing 747 aircraft; (5) international flights over the Commonwealth of the Northern Mariana Islands and the intense domestic air traffic of the Pacific Northwest also face potential engine failure in the event of an eruption; (6) mudflows from ice-clad Cascade volcanoes of the States of Washington, Oregon, and California pose a serious hazard to cities and transportation arteries in the Pacific Northwest; (7) lava flows, toxic gas emissions, and explosions impact residents and visitors to the State of Hawaii and have the potential to cause catastrophic property damage; (8) frequent seismic unrest requires careful monitoring in the Mammoth Lakes area of the State of California and Yellowstone National Park in the States of Wyoming, Montana, and Idaho; (9) modern technology, in the form of geophysical monitoring networks on the ground and the use of near-real time satellite data, makes possible early warnings typically weeks or months before eruptions, giving emergency response agencies and the public time to prepare, which minimizes potential damage to property and loss of life; (10) the efficacy of monitoring is being demonstrated by-- (A) the successful forecasts and warnings of Augustine Volcano in 1986 and 2006, Redoubt Volcano in 1989 through 1990 and 2009, and Mt. Spurr in 1992; and (B) warnings and forecasts of lava flow advancement in Hawaii during the ongoing eruption of Kilauea; (11) the United States Geological Survey and university and State partners of the United States Geological Survey operate-- (A) the Alaska Volcano Observatory located in Anchorage and Fairbanks, Alaska; (B) the Cascades Volcano Observatory located in Vancouver, Washington; (C) the Hawaiian Volcano Observatory located in Hawai'i Volcanoes National Park, Hawaii; (D) the Yellowstone Volcano Observatory located in Yellowstone National Park in the State of Wyoming, Montana, and Idaho; and (E) the California Volcano Observatory, located in Menlo Park, California; and (12) a detailed survey of the volcanoes in the United States and the monitoring status of those volcanoes has revealed numerous serious monitoring gaps, leaving the United States exposed to preventable damage from large volcanic eruptions. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 4(a)(1). SEC. 4. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory; and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; and (B) installing new networks on unmonitored volcanoes. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Annual Report.--Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 5. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2016 through 2026. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.
National Volcano Early Warning and Monitoring System Act This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the System are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the System is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, and (2) installing new networks on unmonitored volcanoes. The System shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the System, and (2) establish an advisory committee to assist in implementing the System. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Conservation Program Act''. SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 307 the following new section: ``authorization of the coastal and estuarine land conservation program ``Sec. 307A. (a) In General.--The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with appropriate State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal Resource Management. ``(b) Property Acquisition Grants.--The Secretary shall make grants under the program to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of-- ``(1) a Coastal Zone Management Plan or Program approved under this title; ``(2) a National Estuarine Research Reserve management plan; ``(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone management programs; or ``(4) a State coastal land acquisition plan that is consistent with an approved coastal zone management program. ``(c) Grant Process.--The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements: ``(1) The Secretary shall consult with the coastal state's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this section (if different from the coastal zone management program). ``(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided. ``(3) Each participating coastal state shall to the extent practicable ensure that the acquisition of property or easements shall complement working waterfront needs. ``(4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land. ``(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. ``(6) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary. ``(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological value. ``(B) Of the projects that meet the standard in subparagraph (A), priority shall be given to lands that-- ``(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state; and ``(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. ``(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures. ``(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e). ``(10) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress triennially. ``(d) Limitations and Private Property Protections.-- ``(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section. ``(2) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property. ``(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local government access) to or use of private property unless such property or an interest in such property (including a conservation easement) has been purchased with funds made available under this section. ``(e) Recognition of Authority to Control Land Use.--Nothing in this title modifies the authority of Federal, State, or local governments to regulate land use. ``(f) Matching Requirements.-- ``(1) In general.--The Secretary may not make a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. ``(2) Cost share requirement.-- ``(A) In general.--Grant funds under the program shall require a 100 percent match from other non- Federal sources. ``(B) Waiver of requirement.--The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the purposes of the program. ``(3) Other federal funds.--Where financial assistance awarded under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law. ``(4) Source of matching cost share.--For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following: ``(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that-- ``(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 3 years after the date of the award of the grant; ``(ii) the value of the land or easement is held by a non-governmental organization included in the grant application in perpetuity for conservation purposes of the program; and ``(iii) the land or easement is connected either physically or through a conservation planning process to the land or easement that would be acquired. ``(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share. ``(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non- Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. ``(g) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves. ``(h) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and triennially thereafter. ``(i) Title and Management of Acquired Property.--If any property is acquired in whole or in part with funds made available through a grant under this section, the grant recipient shall provide-- ``(1) such assurances as the Secretary may require that-- ``(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; ``(B) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and ``(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and ``(2) certification that the property (including any interest in land) will be acquired from a willing seller. ``(j) Requirement for Property Used for Non-Federal Match.--If the grant recipient elects to use any land or interest in land held by a non-governmental organization as a non-Federal match under subsection (g), the grant recipient must to the Secretary's satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program. ``(k) Definitions.--In this section: ``(1) Conservation easement.--The term `conservation easement' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. ``(2) Interest in property.--The term `interest in property' includes a conservation easement. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2009 through 2013.''. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.
Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or that could be managed or restored to effectively conserve, enhance, or restore ecological function. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, a regional or state watershed protection or management plan, or a state coastal land acquisition plan. Directs the Secretary to allocate funds to coastal states or National Estuarine Research Reserves through a competitive grant process with guidelines that meet specified requirements, including that: (1) each participating coastal state shall ensure that the acquisition of property or easements shall complement working waterfront needs; and (2) priority shall be given to lands that can be effectively managed and protected, that have significant ecological value, that are under an imminent threat of conversion to a use that will diminish their natural, undeveloped, or recreational state, and that serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. Provides that grant awards may be used to purchase land, including an easement, only from a willing seller. Prohibits any such purchase from being the result of a forced taking. Provides that grant funds under the Program shall require a 100% match from nonfederal sources, subject to a waiver by the Secretary for underserved and other specified communities or for other appropriate reasons. Reserves 15% of program funds for acquisitions benefiting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient (or another public agency designated by the recipient) in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest Opportunity Probation with Enforcement (HOPE) Initiative Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Crime continues to inflict a severe cost on victims and communities across the country. (2) Criminal apprehension and punishment similarly impose substantial costs on taxpayers, with States spending over $50,000,000,000 on corrections in fiscal year 2008, accounting for 1 in every 15 State general fund dollars. (3) A substantial amount of crime, and a substantial share of prison occupancy, is directly tied to illicit drug consumption. A relatively small group of chronic drug users consumes the vast majority of cocaine, heroin, and methamphetamine in the United States, and approximately three- quarters of this group pass through the criminal justice system at some point. Consequently, reducing drug consumption in the United States requires effectively addressing the drug habits of supervised offenders. (4) One in 100 adults is behind bars, and 1 in 31 is under some form of criminal justice supervision, including probation and parole. Of the 7,300,000 individuals in the United States who are under criminal justice supervision, the majority (4,300,000) are serving a term of probation in their communities, in lieu of serving time behind bars. (5) The failure of individuals serving terms of probation to successfully complete such terms is a major contributor to prison admissions. In 2007, more than 250,000 such individuals were admitted to prison. Consequently, controlling drug use by individuals who are serving a period of probation reduces both national drug consumption and crime rates, and reduces taxpayer burdens. (6) Innovations in offender supervision prove that swift, certain, and graduated sanctions for noncompliance can reduce drug use, new crimes, and revocation to incarceration. (7) Hawaii's Opportunity Probation with Enforcement (HOPE) initiative, an offender supervision program to reduce probation violations by drug and other high-risk offenders using a structured sanctions model, has been shown to be highly successful at reducing drug use, crime, and recidivism. (8) According to an article in the Journal of the American Medical Association in August of 2009, if the HOPE initiative was replicated effectively in multiple jurisdictions, the program might have broader benefits beyond assisting probationer participants at risk for heavy drug use, such as helping to shrink the market for illegal drugs and the profits of drug trafficking organizations. SEC. 3. HOPE INITIATIVE GRANTS. (a) Program Established.-- (1) In general.--The Attorney General may establish a competitive demonstration grant program to award grants to State, tribal, and local courts to establish probation programs that reduce drug use, crime, and recidivism by requiring swift, predictable, and graduated sanctions for noncompliance with the conditions of probation, as determined by the Attorney General. (2) Number and selection of grants.-- (A) Number.--The Attorney General shall have the discretion to award not more than 20 grants under this section. (B) Selection.--The Attorney General shall ensure that such grants are awarded in a manner that promotes the strongest proposals, evaluation designs, and geographic diversity of the demonstration programs under this section. (b) Application.--To be eligible for a grant under this section, a State, tribal, or local court shall, in addition to any other requirements required by the Attorney General, submit to the Attorney General an application that-- (1) describes the program to be assisted under this section and the need for such program; (2) describes a long-term strategy and detailed implementation plan for such program, including how the entity plans to pay for the program after the Federal funding is discontinued; (3) certifies that all government entities affected by the program have been appropriately consulted in the development of the program and that there will be appropriate coordination with all such entities in the implementation of the program; (4) identifies the key partners that will be included in the program, including the Chief Judge of the court of the relevant jurisdiction and other participating judges in such jurisdiction, State court administrator, probation and parole administrators, jail and prison administrators, prosecutors, public defenders and defense attorneys, and sheriff or police administrators; and (5) includes an assurance that the applicant will-- (A) collect key process measures, including the number of individuals enrolled in the program, the frequency of drug testing of such individuals, the certainty of sanctions for a violation of the terms of probation, the average period of time from detection of a violation to issuance of a sanction for such violation, and sanction severity; (B) conduct an unbiased comparison of the outcomes between program participants and similarly situated probationers not in the program, including the positive and negative drug test rates, probation and substance abuse treatment appearance rates, probation term modifications, revocations, arrests, time spent in jail or prison, and total correctional costs incurred; and (C) partner with an independent program advisor and evaluator, who will assist the applicant with designing the demonstration program to be carried out with the grant, identifying the appropriate comparison group for the comparison required under subparagraph (A), and measuring relevant outcomes for such comparison. (c) Grant Uses.--A grant awarded under this section shall be used by the grantee to establish probation programs that-- (1) identify for enrollment in the program individuals who are serving a term of probation and who are at high risk of failing to observe the conditions of supervision and of being returned to incarceration as a result of such failure; (2) notify probationers of the rules of the probation demonstration program, and consequences for violating such rules; (3) monitor probationers for illicit drug use with regular and rapid-result drug screening; (4) monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution; (5) respond to violations of such rules with immediate arrest of the violating probationer, and swift and certain modification of the conditions of probation, including imposition of short jail stays (which may gradually become longer with each additional violation and modification); (6) immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions; (7) provide rewards to probationers who comply with such rules; (8) ensure funding for, and referral to, substance abuse treatment for probationers who repeatedly fail to refrain from illicit drugs use; (9) establish procedures to terminate program participation by, and initiate revocation to a term of incarceration for, probationers who habitually fail to abide by program rules and pose a threat to public safety; and (10) include regular coordination meetings for the key partners of the demonstration program, including the partners identified in the grant application in accordance with subsection (b)(4). (d) Determination of Program Savings.-- (1) Grantee savings and reinvestment.--Each court receiving a grant under this section shall-- (A) not later than 12 months after an initial grant award under this section, and annually thereafter through the end of the grant period, calculate the amount of cost savings, if any, resulting from the reduced incarceration achieved through such grant program; and (B) report to the Attorney General-- (i) the amount calculated under subparagraph (A); and (ii) the portion of such amount, if any, that will be reinvested for expansion of such grant program. (2) Evaluation, guidance, and recommendations.--The Attorney General shall-- (A) annually evaluate-- (i) the methods used by courts to calculate the cost savings reported under paragraph (1); and (ii) the use of such savings by the courts to reinvest for expansion of the grant program; and (B) provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of such grant program. (e) Evaluation Coordinator.--The Attorney General shall select an entity to serve as the HOPE initiative evaluation coordinator to-- (1) analyze and provide feedback on the measures and outcomes the individual HOPE initiative demonstration programs are required to collect and conduct, respectively, in accordance with subsection (b)(5); (2) ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and (3) ensure that the aggregate data from all such demonstration programs is available to each of the programs and the Attorney General. (f) Annual Report.--The Attorney General shall annually report to Congress on the results of the HOPE initiative carried out under this section. (g) Authorization of Appropriations.--There are authorized to be appropriated for grants awarded under this section $25,000,000 for each of fiscal years 2010 through 2014, of which not more than $500,000 shall be available to the Attorney General in each fiscal year for coordination activities necessary to carry out this section.
Honest Opportunity Probation with Enforcement (HOPE) Initiative Act of 2009 - Authorizes the Attorney General to award grants for probation demonstration programs that reduce drug use, crime, and recidivism by requiring swift, predictable, and graduated sanctions for noncompliance with conditions of probation. Requires grant funds to be used for specified purposes, including: (1) identifying high risk probationers; (2) monitoring probationers for illicit drug use; (3) responding to probation violations with immediate arrest; (4) rewarding probationers who comply with probation rules; and (5) providing for substance abuse treatment. Requires the Attorney General to annually evaluate probation programs for cost savings and to select an evaluation coordinator for such programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Saltville Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that Saltville and its environs possess-- (1) a remarkably rich natural and cultural heritage, including superlative examples of several themes of great interest to the general public and of marked historical and scientific significance; (2) waterways among the headwaters of the Cumberlandian Zoogeographic Province, which contains one of the oldest and most diverse freshwater aquatic faunas in North America; (3) stream and lacustrine sediments in Saltville Valley spanning at least the past 25,000 years and containing the most lengthy and best resolved known continuous record of biotic, hydrologic, and climatic change located in an open-air site in the middle Appalachians; (4) an archaeological record that spans at least the past 11,000 years, and probably 13,000-14,000 years, making this potentially one of the best resolved and oldest early man sites in North America; (5) a lengthy record of colonization and occupation by Euro-Americans moving south through the Valley of Virginia and into choice areas of the Valley and Ridge, so that the area contains a record of early settlement and land use in the area and of the transfer of cultural elements into the newly occupied region, and provides insight into the perceptions of these Euro-Americans regarding land and resources; (6) a 200-year industrial history that includes the development of a significant part of the technology of inland salt manufacture in North America, beginning with crude pioneering efforts in the latter half of the 18th century and continuing into the 1970's; (7) an industrial history that is intimately associated with the development of a rich and varied array of water- and land-based transportation systems; (8) a rare example of a relatively well-preserved fortified industrial center of the Civil War period, containing significant whole or partial examples of the industrial and defensive works; (9) well-preserved remnants of a company-managed industrial complex and town that developed from the late 19th through middle 20th centuries and that is representative of the American industrial age as expressed in rural America and the company town; (10) a legacy of environmental traumas that emanated from the industrial age, including excessively polluted waters and attendant depauperization of the aquatic biota, and expedient but devastating disposition of toxic wastes that led to the creation of an Environmental Protection Agency Superfund site; (11) sites affected by regulated land use changes that have produced some of the most noteworthy recent water quality improvements in Virginia; and (12) a beautiful setting incorporating landforms, waters, and biota that blend with, and in cases overwhelm, the cultural imprint on and near this tiny valley. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to provide a management framework to assist the Commonwealth of Virginia, its units of local and regional government, and its citizens in the development and implementation of integrated cultural, historical, and recreational land resource management programs in order to retain, enhance, and interpret the significant features of the lands, water, and structures of the Saltville region in the Commonwealth of Virginia. SEC. 4. ESTABLISHMENT OF SALTVILLE HERITAGE AREA. There is hereby established in the Commonwealth of Virginia the Saltville Heritage Area (hereinafter in this Act referred to as the ``Area''). The Area shall consist of the area generally depicted on the map entitled ``The Saltville Area Master Plan'', numbered ____________, and dated ____________, which shall be on file and available for public inspection in the Office of the Director of the National Park Service. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--The Saltville Foundation may submit a management plan (hereinafter in this Act referred to as the ``Plan'') to the Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') for the review and concurrence of the Secretary. The Plan shall be based on existing Federal, State, and local plans, and shall coordinate such plans and present an integrated plan for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. The Plan shall specify a management entity with respect to the Saltville Heritage Area. The Secretary is authorized to provide technical assistance in the preparation of the Plan. (b) Implementation.--If a Plan referred to in subsection (a) is submitted to the Secretary within 1 year after the date of the enactment of this Act, upon concurrence with the Plan, the Secretary is authorized to enter into cooperative agreements with the management entity specified in the Plan for the protection, enhancement, and interpretation of the resources identified in the Plan. SEC. 6. CONTINGENCY IF HERITAGE COMPACT NOT SUBMITTED. (a) In General.--The establishment of the Area under section 4 and the authorization of the Secretary under section 5(b) shall cease to be effective if, within 180 days after the date of the enactment of this Act, a Heritage Compact for the Area is not-- (1) submitted to the Secretary; (2) approved by the Secretary, after consultation with the Advisory Council on Historic Preservation in accordance with section 106 of the National Historic Preservation Act; and (3) submitted to the Congress, together with any comments that the Secretary deems appropriate. (b) Technical Assistance.--The Secretary may provide technical assistance to a unit of government or private nonprofit organization in the preparation of a Heritage Compact. (c) Definition of Heritage Compact.--For purposes of this section, the term ``Heritage Compact'' means a compact that-- (1) is prepared with public participation; (2) contains information relating to the objectives and management of the Area, including-- (A) a delineation of the boundaries of the Area; (B) a discussion of the goals and objectives of the Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners; (C) an identification and description of the management entity that will administer the Area; (D) a list of the initial partners to be involved in developing and implementing the management plan for the Area, as well as a statement of the financial commitment of such partners; and (E) a description of the role of the Commonwealth of Virginia regarding the Area; (3) outlines an implementation program that is be likely to be initiated within a reasonable time after the date of the enactment of this Act and that ensures effective implementation of the State and local aspects of the Plan; and (4) is accompanied by the comments of the Governor of the Commonwealth of Virginia. SEC. 7. DUTIES OF FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Area shall-- (1) consult with the Secretary and the Saltville Foundation with respect to the activities; (2) cooperate with the Secretary and the Saltville Foundation with respect to the activities and, to the maximum extent practicable, coordinate the activities with the Secretary and the Saltville Foundation; and (3) to the maximum extent practicable, conduct or support the activities in a manner that will not have an adverse effect on the Area, as determined by the Secretary and the Saltville Foundation.
Saltville Heritage Area Act - Establishes the Saltville Heritage Area in Virginia. Authorizes the Saltville Foundation to submit an integrated management plan to the Secretary of Interior which shall provide for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. Requires the Plan to specify a management entity for the Area. Authorizes the Secretary, upon concurrence with the Plan, to enter into cooperative agreements with such entity. Ceases the establishment of the Area and such authorization of the Secretary if, within 180 days after the enactment of this Act, a Heritage Compact for the Area is not: (1) submitted to, and approved by, the Secretary; and (2) submitted to the Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Management Self- Determination Act''. SEC. 2. DEFINITION OF ESA. In this Act, the term ``ESA'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. FINDINGS. Congress finds that-- (1) the ESA was passed in 1973 as a means of protecting and recovering species and has not been substantially revised in over 25 years; (2) the ESA has not achieved its stated goal of recovering threatened species or endangered species; (3) of the species listed in accordance with the ESA, less than 1 percent of the total number of species in the United States have been recovered and removed from the list, largely due to data errors or other factors; (4) there is-- (A) no comprehensive independent study of the costs or benefits of the ESA; (B) no full accounting of how much the Federal Government and State and local governments spend to implement, enforce, and comply with the ESA; and (C) no meaningful effort to account for the costs the ESA imposes on the private sector; (5) the ESA effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation; (6) the regulatory listing process under the ESA has become a tool for environmentalists to undermine, slow down, or halt construction of infrastructure projects, hampering economic growth and employment; and (7) litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species. SEC. 4. DETERMINATIONS OF ENDANGERED SPECIES AND THREATENED SPECIES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``, with the consent of the Governor of each State in which the endangered species or threatened species is present,'' after ``The Secretary''; and (B) in paragraph (2)(A)(ii), by inserting ``, with the consent of the Governor of each State in which the endangered species or threatened species is present,'' after ``, who''; (2) in subsection (b)-- (A) by striking paragraph (3); (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; (C) in paragraph (6) (as so redesignated), strike ``paragraph (4), (5), or (6)'' and insert ``paragraph (3), (4), or (5)''; and (D) by adding at the end the following: ``(7) Definition of best scientific and commercial data.-- In this subsection, the term `best scientific and commercial data' includes any scientific evidence made available to the Secretary by any State agency.''; (3) by striking subsection (c) and inserting the following: ``(c) Lists.-- ``(1) Definition of joint resolution.--In this subsection, the term `joint resolution' means only a joint resolution the matter after the resolving clause of which is as follows: `That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______.' (the blank space being appropriately filled in). ``(2) Lists submitted to congress.--The Secretary of the Interior shall submit to Congress-- ``(A) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and ``(B) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species. ``(3) Congressional approval.--The lists described in paragraph (2) shall not take effect until a joint resolution described in paragraph (1) is enacted. ``(4) Contents of lists.--Each list described in paragraph (2) shall-- ``(A) refer to the species included on the list by any scientific and common name; and ``(B) specify-- ``(i) with respect to the species over what portion of the range of the species that the species is endangered or threatened; and ``(ii) any critical habitat within the range. ``(5) Publication.--The Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3). ``(6) Automatic removal.-- ``(A) In general.--On the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list. ``(B) Petition for relisting.-- ``(i) In general.--The Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A). ``(ii) Congressional approval.--The list described in clause (i) shall not take effect until a joint resolution described in paragraph (1) is enacted.''; (4) in subsection (d)-- (A) in the first sentence, by striking ``Whenever any species'' and inserting ``Except as provided in subsection (j), whenever any species''; and (B) in the second sentence, by striking ``The Secretary may'' and inserting ``Except as provided in subsection (j), the Secretary may''; (5) in subsection (f)(1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (6) in subsection (g)(1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (7) in subsection (h)-- (A) in the matter preceding paragraph (1), by striking ``The Secretary shall'' and inserting ``Except as provided in subsection (j), the Secretary shall''; (B) by striking paragraphs (1) and (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (8) in subsection (i)-- (A) by striking ``or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3),''; and (B) by striking ``or petition''; and (9) by adding at the end the following: ``(j) Intrastate Endangered Species or Threatened Species.-- ``(1) Definitions.--In this subsection: ``(A) Governor of a state.--The term `Governor of a State' means the Governor of a State in which an intrastate endangered species or intrastate threatened species is present. ``(B) Intrastate endangered species.--The term `intrastate endangered species' means an endangered species that the Governor of a State determines is present only within the State. ``(C) Intrastate threatened species.--The term `intrastate threatened species' means a threatened species that the Governor of a State determines is present only within the State. ``(2) Currently listed species.-- ``(A) In general.--The Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection. ``(B) Authority of governor.--If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act-- ``(i) promulgate or enforce any regulation or guidance; ``(ii) designate a critical habitat; ``(iii) issue a permit or license; ``(iv) develop or implement a recovery plan; and ``(v) establish any goal with respect to the recovery plan. ``(C) Applicable law.--The management described in subparagraph (B) shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), is located. ``(3) Newly listed species.-- ``(A) In general.--The Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection. ``(B) Applicability.--If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs (B) and (C) of paragraph (2) shall apply. ``(C) Judicial review.--Any action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court.''. SEC. 5. COST ACCOUNTING. The Endangered Species Act of 1973 is amended by inserting after section 12 (16 U.S.C. 1541) the following: ``SEC. 12A. COST ACCOUNTING REPORT. ``(a) Definitions.--In this section: ``(1) Direct costs.--The term `direct costs' includes-- ``(A) Federal agency obligations related to the cost of any study; ``(B) capital, operation, maintenance, and replacement costs; and ``(C) staffing costs. ``(2) Indirect costs.--The term `indirect costs' includes foregone power generation costs and replacement power costs, including the net costs of any transmission of power. ``(b) Cost of Compliance.-- ``(1) In general.--Except with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j), the Administrator of the Bonneville Power Administration, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration shall each include in a monthly billing statement submitted to each customer of the respective Administration the share of the direct and indirect costs to the customer incurred by the Administration related to complying with this Act. ``(2) Assistance in identifying costs.--The Director of the Bureau of Reclamation shall assist the administrators described in paragraph (1) with identifying the costs described in that paragraph. ``(c) Report.--Not later than January 30 of each year, each of the administrators described in subsection (b)(1), in coordination with the Director of the Bureau of Reclamation, shall submit to the Committee on Environment of the Senate and the Committee on Natural Resources of the House of Representatives a report estimating the costs described in subsection (b)(1)-- ``(1) with respect to the Western Area Power Administration, on a project-by-project basis; and ``(2) with respect to the each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis. ``SEC. 12B. PROPERTY RIGHTS. ``(a) Determination of Proposed Use of Real Property.-- ``(1) In general.--Any owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property. ``(2) Determination.-- ``(A) In general.--Not later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act. ``(B) Failure to respond.--If the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act. ``(3) Effect of determinations.-- ``(A) Affirmative defense.--It is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act. ``(B) Compensation for unfavorable determinations.--If the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b). ``(b) Compensation for Agency Actions.-- ``(1) Definitions.--In this subsection: ``(A) Agency action.-- ``(i) In general.--The term `agency action' means any action taken by the Director of the United States Fish and Wildlife Service in accordance with this Act that diminishes the fair market value of any real property by not less than 50 percent with respect to the intended use of the real property. ``(ii) Exclusion.--The term `agency action' does not include any action taken with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j). ``(B) Lessee.--The term `lessee' means a lessee of any real property affected by an agency action. ``(C) Owner.--The term `owner' means an owner of any real property affected by an agency action. ``(2) Compensation.--Except as provided in paragraph (3)(B), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with paragraph (3). ``(3) Determination of fair market value.-- ``(A) In general.--The fair market value described in paragraph (2) shall be determined by 2 licensed independent appraisers of whom-- ``(i) 1 shall be chosen by the Secretary; and ``(ii) 1 shall be chosen by the owner or lessee. ``(B) Failure to agree on fair market value.-- ``(i) In general.--If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. ``(ii) Extension of time to make determination.--The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. ``(C) Costs.--The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph.''. SEC. 6. PENALTIES AND ENFORCEMENT. Section 11(g)(4) of the Endangered Species Act (16 U.S.C. 1540(g)(4)) is amended by striking ``attorney and''. SEC. 7. CONFORMING AMENDMENT. Section 6(d)(1) of the Endangered Species Act (16 U.S.C. 1535(d)(1)) is amended by striking ``the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and''.
Endangered Species Management Self-Determination Act - Amends the Endangered Species Act of 1973 (ESA) to require the consent of the governor of a state in which a species is present for: (1) a determination of endangered or threatened species status by regulation, and (2) listing of the species as endangered or threatened by the Secretary of the Interior upon a determination by the Secretary of Commerce. Eliminates a rulemaking procedure involving the petitioning by an interested person for adding a species to, or removing a species from, the lists of endangered and threatened species. Defines "best scientific and commercial data," for purposes of determinations, to include any scientific evidence made available by any state agency. Subjects determinations by the Secretaries of the Interior and of Commerce to list species as endangered or threatened to congressional approval by joint resolution. Requires removal of each species listed on an approved list five years after the joint resolution is enacted. Provides a procedure for re-submission by the Secretary of the Interior, in consultation with the governor of each state in which the endangered or threatened species is present, of a list including a species so removed and subjects that list to approval by joint resolution. Eliminates the requirement for guidelines concerning petitions. Establishes a process for exclusive state regulation of endangered or threatened species determined by a state governor to be present only within that state. Precludes judicial review of any such action. Subjects the following to the process of intrastate regulation: (1) issuance of species conservation regulations, (2) recovery plan implementation, (3) species recovery monitoring, and (4) establishment of agency guidelines. Requires the Administrators of the Bonneville, Southeastern, Southwestern, and Western Area Power Administrations, except with respect to intrastate species regulation, to include in customer monthly billing statements information on the share of costs to the customer incurred as a result of ESA compliance. Allows an owner or lessee of any real property to submit to the Secretary of the Interior an application that includes any proposed use of the real property for a determination of whether the use will violate ESA. Deems the use to be compliant if the Secretary fails to respond within 90 days. Allows the owner or lessee to seek compensation (150% of the property's fair market value) if the use is determined to violate ESA and an action of the U.S. Fish and Wildlife Service diminishes the fair market value of any real property by at least 50% with respect to the intended use. Eliminates the award of attorney fees in citizen suits under ESA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Equity for Seniors Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than 1 in 8 older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including the medicaid program under title XIX of the Social Security Act, and programs administered by the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Beneficiaries under the medicare program under title XVIII of the Social Security Act are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) Implementation of the policy set forth in this Act is estimated to reduce prescription drug prices for medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering the costs of prescription drugs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the medicare program. (7) Older Americans who are terminally ill and receiving hospice care services represent some of the most vulnerable individuals in our Nation. Making prescription drugs available to medicare beneficiaries under the care of medicare-certified hospices will assist in extending the benefits of lower prescription drug prices to those most vulnerable and in need. (b) Purpose.--The purpose of this Act is to protect medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to medicare beneficiaries at substantially reduced prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by each pharmacy 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 by a pharmacy is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to medicare beneficiaries. (c) Description of Price.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is the price equal to the lower of the following: (1) The lowest price paid for the covered outpatient drug by any agency or department of the United States. (2) The manufacturer's best price for the covered outpatient drug, as defined in section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)). SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS. For purposes of determining the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy under section 3, there shall be included in the calculation of such amount the amount of the covered outpatient drug sold or distributed by a pharmacy to a hospice program. In calculating such amount, only amounts of the covered outpatient drug furnished to a medicare beneficiary enrolled in the hospice program shall be included. SEC. 5. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall report to 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 that the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of enactment of this Act, enters into or renews a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (2) 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)). (3) 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. (4) Hospice program.--The term ``hospice program'' has the meaning given that term under section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.
Prescription Drug Fairness for Seniors Act of 2003 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount of the drug sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug. Sets forth special provisions with respect to hospice programs.
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[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 2205 Public Print (PP)] 103d CONGRESS 1st Session H. R. 2205 _______________________________________________________________________ AMENDMENT June 29 (legislative day, June 22), 1993 Ordered to be printed as passed June 29 (legislative day, June 22), 1993 Ordered to be printed as passed In the Senate of the United States, June 29 (legislative day, June 22), 1993. Resolved, That the bill from the House of Representatives (H.R. 2205) entitled ``An Act to amend the Public Health Service Act to revise and extend programs relating to trauma care'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. This title may be cited as the ``Trauma Care Amendments Act of 1993''. SEC. 2. ADVISORY COUNCIL ON TRAUMA CARE SYSTEMS. (a) Membership.--Section 1202(c) of the Public Health Service Act (42 U.S.C. 300d-1(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``12'' and inserting ``13''; (B) in subparagraph (D), by striking ``and'' at the end thereof; (C) in subparagraph (E), by striking the period and inserting ``; and''; and (D) by adding at the end thereof the following new subparagraph: ``(F) 1 shall be an individual who has been a trauma patient at a designated trauma center.''; and (2) in paragraphs (3), by striking ``25 percent'' and inserting ``at least 4''. (b) Terms.--Section 1202(d) of such Act (42 U.S.C. 300d-1(d)) is amended by adding at the end thereof the following new paragraph: ``(3) Trauma patient.--A member appointed to serve on the Council under subsection (c)(1)(F), including the initial member appointed under such subsection, shall be appointed for a term of 4 years.''. (c) Meetings.--Section 1202(g) of such Act (42 U.S.C. 300d-1(g)) is amended to read as follows: ``(g) Meetings.--The Council shall meet not less than once each year, and if the Chair determines necessary, up to four times each year.''. SEC. 3. REQUIREMENTS. Section 1213(a)(11) of the Public Health Service Act (42 U.S.C. 300d-13(a)(11)) is amended by striking ``any standard metropolitan statistical area'' and inserting ``a border, with respect to State areas in which logical geographic groupings across State borders would be appropriate to carry out the purposes of this title''. SEC. 4. FUNDING. Section 1232(a) of the Public Health Service Act (42 U.S.C. 300d- 32(a)) is amended-- (1) by striking ``$60,000,000 for fiscal year 1991'' and inserting ``$25,000,000 for fiscal year 1994''; and (2) by striking ``1992 and 1993'' and inserting ``1995, 1996, and 1997.''. SEC. 5. TECHNICAL AMENDMENTS. Title XII of the Public Health Service Act is amended-- (1) in section 1212(a)(2)(A) (42 U.S.C. 300d-12(a)(2)(A)), by striking ``1211(c)'' and inserting ``1211(b)''; (2) in section 1213(a) (42 U.S.C. 300d-13(a))-- (A) by striking ``to provide'' in paragraphs (8) and (9) and inserting ``provides''; and (B) by striking ``to conduct'' in paragraph (10) and inserting ``conducts''; (3) in section 1213(c) (42 U.S.C. 300d-13(c)), by striking ``6,000'' in the matter following paragraph (4) and inserting ``6''; and (4) in section 1231(3) (42 U.S.C. 300d-31), by striking ``Puerto Rico;'' and inserting ``Puerto Rico,''. SEC. 6. STUDY CONCERNING FEDERAL DUPLICATION OF EMS AND TRAUMA CARE ACTIVITIES. (a) Study.--The General Accounting Office shall conduct a study to determine the extent and desirability of the duplication of Federal emergency medical services and trauma care activities. Within such study the General Accounting Office shall-- (1) describe existing emergency medical service and trauma care programs located within-- (A) the Federal Emergency Management Agency; (B) the General Services Administration; (C) the Department of Agriculture; (D) the Department of Defense; (E) the Department of Health and Human Services; (F) the Department of Transportation; (G) the Department of Veterans Affairs; (H) the Federal Interagency Committee on Emergency Medical Services; or (I) any other relevant entities; with respect to the purpose of each program, the amount of resources allocated for each program and its respective grant or contract programs for State, local, or nonprofit entities; (2) examine each program described in paragraph (1) to determine if there is a duplication of emergency medical service and trauma care programs resulting in economic and service inefficiencies; (3) develop recommendations on the feasibility of consolidating all programs described in paragraph (1) into one Federal department or a smaller number of entities to limit the duplication of such programs and enhance financial and service efficiency for Federal emergency medical service and trauma care programs; (4) develop recommendations, if a consolidation described in paragraph (3) is warranted, concerning which emergency medical service and trauma care programs should continue and the appropriate entity or entities to administer each such program based upon the mission and expertise of such entity or entities; (5) develop recommendations concerning which Federal entity should be the lead agency for emergency medical service and trauma care programs in the Federal Government, to be responsible for-- (A) administering programs for emergency medical service and trauma care programs; (B) acting as the first point of Federal contact for all local, nonprofit and State entities in regard to all Federal emergency medical service and trauma care programs; (C) administering the emergency medical service and trauma care information clearinghouse for the use of all Federal, State, local, and nonprofit entities; (D) coordinating all Federal emergency medical service and trauma care programs; (E) serving as the Chair of an interagency committee on emergency medical service, in the event such an entity is recommended to exist for the consolidated emergency medical service and trauma care programs; and (F) assuming other roles relevant to a lead agency as determined appropriate by the General Accounting Office; and (6) develop recommendations for mechanisms to ensure that the lead Federal entity described in paragraph (5) has power sufficient to coordinate and prevent the duplication of Federal emergency medical service and trauma care programs. (b) Report.--Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall prepare and submit to the appropriate committees of Congress a report concerning the study conducted under subsection (a) and the recommendations made under such study. Attest: Secretary.
Trauma Care Amendments Act of 1993 - Amends the Public Health Service Act to: (1) increase (from 12 to 13) the number of members of the Advisory Council on Trauma Care Systems; (2) include on the Council an individual who has been a trauma patient at a designated trauma center, to be appointed for a four-year term; and (3) require that at least four (currently, 25 percent) of the members be knowledgeable concerning rural areas. Requires the Council to meet not less than once and, if the Chair determines necessary, up to four times each year (currently, at the call of the Chair and not less than once each three months). Includes among requirements for State plans (in order to receive allotments) coordination and cooperation among bordering States with respect to areas in which logical geographic groupings across State borders would be appropriate (currently, among States that share any standard metropolitan statistical area). Authorizes appropriations. Directs the General Accounting Office to study and report to the appropriate congressional committees on the duplication of Federal emergency medical services and trauma activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Refinery Reserve Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Reserve.--The term ``Reserve'' means the Strategic Refinery Reserve established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. STRATEGIC REFINERY RESERVE. (a) Establishment.-- (1) In general.--The Secretary shall establish and operate a Strategic Refinery Reserve in the United States. (2) Authorities.--To carry out this section, the Secretary may contract for-- (A) the construction or operation of new refineries; or (B) the acquisition or reopening of closed refineries. (b) Operation.--The Secretary shall operate the Reserve-- (1) to provide petroleum products to-- (A) the Federal Government (including the Department of Defense); and (B) any State governments and political subdivisions of States that opt to purchase refined petroleum products from the Reserve; and (2) to provide petroleum products to the general public during any period described in subsection (c). (c) Emergency Periods.--The Secretary shall make petroleum products from the Reserve available under subsection (b)(2) only if the President determines that-- (1) there is a severe energy supply interruption (as defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)); or (2)(A) there is a regional petroleum product supply shortage of significant scope and duration; and (B) action taken under subsection (b)(2) would directly and significantly assist in reducing the adverse impact of the shortage. (d) Locations.--In determining the location of a refinery for inclusion in the Reserve, the Secretary shall take into account-- (1) the impact of the refinery on the local community, as determined after requesting and reviewing any comments from State and local governments and the public; (2) regional vulnerability to-- (A) natural disasters; and (B) terrorist attacks; (3) the proximity of the refinery to the Strategic Petroleum Reserve; (4) the accessibility of the refinery to energy infrastructure and Federal facilities (including facilities under the jurisdiction of the Department of Defense); (5) the need to minimize adverse public health and environmental impacts; and (6) the energy needs of the Federal Government (including the Department of Defense). (e) Increased Capacity.--The Secretary shall ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during periods described in subsection (c). (f) Implementation Plan.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the establishment and operation of the Reserve under this section. (2) Requirements.--The plan required under paragraph (1) shall-- (A)(i)(I) provide for, within 2 years after the date of enactment of this Act, a capacity within the Reserve equal to 5 percent of the total United States daily demand for gasoline, diesel, and aviation fuel; and (II) provide for a capacity within the Reserve such that not less than 75 percent of the gasoline and diesel fuel produced by the Reserve contain an average of 10 percent renewable fuel (as defined in 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)); or (ii) if the Secretary finds that achieving the capacity described in subclause (I) or (II) of clause (i) is not feasible within 2 years after the date of enactment of this Act, include-- (I) an explanation from the Secretary of the reasons why achieving the capacity within the timeframe is not feasible; and (II) provisions for achieving the required capacity as soon as practicable; and (B) provide for adequate delivery systems capable of providing Reserve product to the entities described in subsection (b)(1). (g) Coordination.--The Secretary shall carry out this section in coordination with the Secretary of Defense. (h) Compliance With Federal Environmental Requirements.--Nothing in this section affects any requirement to comply with Federal or State environmental or other laws. SEC. 4. REPORTS ON REFINERY CLOSURES. (a) Reports to Secretary.-- (1) In general.--Not later than 180 days before permanently closing a refinery in the United States, the owner or operator of the refinery shall submit to the Secretary notice of the closing. (2) Requirements.--The notice required under paragraph (1) with respect to a refinery to be closed shall include an explanation of the reasons for the closing of the refinery. (b) Reports to Congress.--The Secretary shall, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission and as soon as practicable after receipt of a report under subsection (a), submit to Congress-- (1) the report; and (2) an analysis of the effects of the proposed closing covered by the report on-- (A) in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.), supplies of clean fuel; (B) petroleum product prices; (C) competition in the refining industry; (D) the economy of the United States; (E) regional economies; (F) regional supplies of refined petroleum products; (G) the supply of fuel to the Department of Defense; and (H) energy security.
Strategic Refinery Reserve Act of 2007 - Directs the Secretary of Energy to establish and operate a Strategic Refinery Reserve. Authorizes the Secretary to contract for: (1) the construction or operation of new refineries; or (2) the acquisition or reopening of closed refineries. Instructs the Secretary to operate the Reserve to provide petroleum products to: (1) the federal government (including the Department of Defense); (2) any state governments and their political subdivisions that opt to purchase refined petroleum products from the Reserve; and (3) the general public during certain emergency periods. Directs the Secretary to ensure that refineries in the Reserve are designed to provide a rapid increase in production capacity during such emergency periods. Requires a refinery owner or operator to notify the Secretary, with an explanation, not later than 180 days before permanently closing a refinery in the United States. Requires the Secretary to report the notification and explanation to Congress, together with an analysis of the effects of the proposed closing.
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SECTION 1. WELCOME HOME VIETNAM VETERANS DAY. (a) Findings.--Congress finds that-- (1) the Vietnam War was fought in the Republic of South Vietnam from 1961 to 1975, and involved North Vietnamese regular forces and Viet Cong guerrilla forces in armed conflict with United States Armed Forces, allies of the United States, and the Army of the Republic of Vietnam; (2) the United States Armed Forces became involved in Vietnam because the United States Government wanted to provide direct military support to the Government of South Vietnam to defend itself against the growing Communist threat from North Vietnam; (3) members of the United States Armed Forces began serving in an advisory role to the Government of the Republic of South Vietnam in 1961; (4) as a result of the Gulf of Tonkin incidents on August 2 and 4, 1964, Congress overwhelmingly passed the Gulf of Tonkin Resolution (Public Law 88-408), on August 7, 1964, which provided the authority to the President of the United States to prosecute the war against North Vietnam; (5) in 1965, United States Armed Forces ground combat units arrived in Vietnam; (6) by the end of 1965, there were 80,000 United States troops in Vietnam, and by 1969, a peak of approximately 543,000 troops was reached; (7) on January 27, 1973, the Treaty of Paris was signed, which required the release of all United States prisoners-of- war held in North Vietnam and the withdrawal of all United States Armed Forces from South Vietnam; (8) on March 29, 1973, the United States Armed Forces completed the withdrawal of combat units and combat support units from South Vietnam; (9) on April 30, 1975, North Vietnamese regular forces captured Saigon, the capitol of South Vietnam, effectively placing South Vietnam under Communist control; (10) more than 58,000 members of the United States Armed Forces lost their lives in Vietnam and more than 300,000 members of the Armed Forces were wounded; (11) in 1982, the Vietnam Veterans Memorial was dedicated in the District of Columbia to commemorate those members of the United States Armed Forces who died or were declared missing- in-action in Vietnam; (12) the Vietnam War was an extremely divisive issue among the people of the United States and a conflict that caused a generation of veterans to wait too long for the United States public to acknowledge and honor the efforts and services of such veterans; (13) members of the United States Armed Forces who served bravely and faithfully for the United States during the Vietnam War were often wrongly criticized for the policy decisions made by 4 presidential administrations in the United States; (14) the establishment of a ``Welcome Home Vietnam Veterans Day'' would be an appropriate way to honor those members of the United States Armed Forces who served in South Vietnam and throughout Southeast Asia during the Vietnam War; and (15) March 29 would be an appropriate day to establish as ``Welcome Home Vietnam Veterans Day''. (b) Welcome Home Vietnam Veterans Day.--Chapter 1 of title 36, United States Code, is amended by adding at the end the following: ``Sec. 145. Welcome Home Vietnam Veterans Day ``The President may issue each year a proclamation-- ``(1) designating March 29 as Welcome Home Vietnam Veterans Day; ``(2) honoring and recognizing the contributions of veterans who served in the United States Armed Forces in Vietnam during war and during peace; ``(3) encouraging States and local governments to establish a Welcome Home Vietnam Veterans Day; and ``(4) encouraging the people of the United States to observe Welcome Home Vietnam Veterans Day with appropriate ceremonies and activities that-- ``(A) provide the appreciation veterans of the Vietnam War deserve, but did not receive upon returning home from the war; ``(B) demonstrate the resolve that never again shall the people of the United States disregard and denigrate a generation of veterans; ``(C) promote awareness of the faithful service and contributions of the veterans of the Vietnam War during military service as well as to the communities of the veterans since returning home; ``(D) promote awareness of the importance of entire communities empowering veterans and the families of veterans in helping the veterans readjust to civilian life after military service; and ``(E) promote opportunities for veterans of the Vietnam War to assist younger veterans returning from the wars in Iraq and Afghanistan in rehabilitation from wounds, both seen and unseen, and to support the reintegration of younger veterans into civilian life.''. (c) Conforming Amendment.--The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following: ``145. Welcome Home Vietnam Veterans Day.''.
Authorizes the President to annually issue a proclamation: (1) designating March 29 as Welcome Home Vietnam Veterans Day, (2) honoring and recognizing the contributions of veterans who served in Vietnam during war and peace, (3) encouraging state and local governments to establish a Welcome Home Vietnam Veterans Day, and (4) encouraging the people of the United States to observe such Day with appropriate ceremonies and activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Flexible, and Efficient Trucking Act of 2015''. SEC. 2. MODERNIZED WEIGHT LIMITATIONS FOR CERTAIN VEHICLES. Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(m) Additional Exception to Weight Requirements.-- ``(1) In general.--Notwithstanding subsection (a), a State may authorize a vehicle with a maximum gross weight, including all enforcement tolerances, that exceeds the maximum gross weight otherwise applicable under subsection (a) to operate on Interstate System routes in the State, if-- ``(A) the vehicle is equipped with at least 6 axles; ``(B) the weight of any single axle on the vehicle does not exceed 20,000 pounds, including enforcement tolerances; ``(C) the weight of any tandem axle on the vehicle does not exceed 34,000 pounds, including enforcement tolerances; ``(D) the weight of any group of 3 or more axles on the vehicle does not exceed 51,000 pounds, including enforcement tolerances; ``(E) the gross weight of the vehicle does not exceed 91,000 pounds, including enforcement tolerances; and ``(F) the vehicle complies with the bridge formula in subsection (a)(2) of this section. ``(2) Special rules.-- ``(A) Other exceptions not affected.--This subsection shall not restrict-- ``(i) a vehicle that may operate under any other provision of this section or another Federal law; or ``(ii) a State's authority with respect to a vehicle that may operate under any other provision of this section or another Federal law. ``(B) Means of implementation.--A State may implement this subsection by any means, including statute or rule of general applicability, by special permit, or otherwise. ``(3) Additional equipment.-- ``(A) In general.--The Secretary may issue such regulations as are necessary to require a vehicle operating pursuant to this subsection to include 1 item of additional equipment not otherwise required by law. The Secretary may issue such regulations only if the equipment item to be required is available at the time a rule is proposed. ``(B) Comment.--In issuing regulations pursuant to this paragraph, the Secretary shall invite comment on the effective date of any proposed equipment requirement. ``(C) Limited authority.--The authority to issue regulations pursuant to this paragraph applies only to a rule that is published as a final rule in the Federal Register not later than the date that is 6 months after the date of enactment of this subsection. ``(4) Reporting requirements.-- ``(A) Triennial report.--If a State, pursuant to paragraph (1), authorizes vehicles described in such paragraph to operate on Interstate System routes in the State, the State shall submit to the Secretary a triennial report containing-- ``(i) an identification of highway routes in the State, including routes not on the Interstate System, on which the State so authorizes such vehicles to operate; ``(ii) a description of any gross vehicle weight limit applicable to such vehicles so authorized and of any operating requirements applicable to such vehicles that are in addition to requirements applicable to all commercial motor vehicles; ``(iii) the number of crashes that occurred in the State involving such vehicles so authorized on the Interstate System, the number of such crashes involving fatalities, and the number of such crashes involving non-fatal injuries; ``(iv) estimated vehicle miles traveled on the Interstate System in the State by such vehicles so authorized; and ``(v) other information, such as the gross vehicle weight of a vehicle operating pursuant to the authority of this subsection at the time of a crash, as the Secretary and the State jointly determine necessary. ``(B) Public availability.--The Secretary shall make all information required under subparagraph (A) available to the public. ``(5) Termination as to route segment.--The Secretary may terminate the operation of vehicles authorized by a State under this subsection on a specific Interstate System route segment if, after the effective date of a decision of a State to allow vehicles to operate pursuant to paragraph (1), the Secretary determines that such operation poses an unreasonable safety risk based on an engineering analysis of the route segment or an analysis of safety or other applicable data from the route segment. ``(6) Waiver of highway funding reduction.--Notwithstanding subsection (a), the total amount of funds apportioned to a State under section 104(b)(1) for any period may not be reduced under subsection (a) if the State authorizes a vehicle described in paragraph (1) to operate on the Interstate System in the State in accordance with this subsection. ``(7) Preserving state and local authority regarding non- interstate system highways.--Subsection (b) of this section shall not apply to motor vehicles operating on the Interstate System solely under the authority provided by this subsection.''.
Safe, Flexible, and Efficient Trucking Act of 2015 This bill allows a state to authorize a vehicle with a maximum gross weight (including enforcement tolerances) exceeding certain federal weight limitations to operate on Interstate Highway System routes in the state if: the vehicle is equipped with at least six axles, the weight of any single axle does not exceed 20,000 pounds, the weight of any tandem axle does not exceed 34,000 pounds, the weight of any group of 3 or more axles does not exceed 51,000 pounds, the gross weight of the vehicle does not exceed 91,000 pounds, and the vehicle complies with a specified bridge formula. The Department of Transportation may issue regulations necessary to require such a vehicle to include one item of additional equipment not otherwise required by law, but only if the equipment item is available at the time the rule is proposed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Making College Affordable and Accessible Act of 2016''. SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking ``fiscal year 2009'' and inserting ``fiscal year 2017''; and (3) by inserting after section 744 the following: ``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. ``(a) Purpose.--The purpose of this section is to expand access for high school students to the opportunities offered in credit-based academic transition programs established through partnerships between high schools and institutions of higher education utilizing dual or concurrent enrollment programs or early college high school programs that enable such students to earn college credits while in high school. ``(b) Eligible Institution.--In this section, the term `eligible institution' means an institution of higher education that carries out a dual or concurrent enrollment program or an early college high school program that enables high school students to earn college credits while in high school. ``(c) Grants Authorized.--The Secretary may award grants to eligible institutions to carry out credit-based academic transition programs described in subsection (a). ``(d) Application.--An eligible institution that desires to receive a grant 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. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. ``(f) Use of Funds.--An eligible institution that receives a grant under this section shall use the grant funds-- ``(1) to carry out a dual or concurrent enrollment program or an early college high school program for high school students, through which such students while enrolled in high school are enrolled in postsecondary courses at the eligible institution, through which such students can earn college credits that can be transferred to 2-year and 4-year institutions of higher education in the State; ``(2) to provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; and ``(3) to support activities such as-- ``(A) designing the curriculum and sequence of courses in collaboration with teachers from the local educational agency and faculty from the eligible institution; ``(B) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; ``(C) outreach programs to provide elementary school and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the credit-based academic transition programs described in subsection (a); ``(D) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; and ``(E) coordinating secondary and postsecondary support services and academic calendars. ``(g) Flexibility of Funds.--An eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out credit-based academic transition programs described in subsection (a), including the costs of-- ``(1) tuition and fees, books, and required instructional materials for such program so that students will not be required to pay tuition or fees for postsecondary courses; and ``(2) transportation to and from such program. ``(h) Evaluation and Report.--Each eligible institution receiving a grant under this section shall-- ``(1) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and ``(2) prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1). ``(i) Rule of Construction.--Nothing in this section shall be construed to impose on any State or public institution of higher education any requirement or rule regarding credit-based academic transition programs described in subsection (a) that is inconsistent with State law.''.
Making College Affordable and Accessible Act of 2016 This bill amends the Higher Education Act of 1965 to: (1) extend the authorization of appropriations for the Fund for the Improvement of Postsecondary Education through FY2022, and (2) authorize the Department of Education (ED) to award grants to institutions of higher education to carry out credit-based academic transition programs established through partnerships between high schools and such institutions that utilize dual or concurrent enrollment programs or early college high school programs that enable students to earn college credits while in high school. ED shall give priority in awarding grants to institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. Institutions shall use grant funds to: provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of the appropriate coursework through such programs; and support activities including curriculum design, establishment of a course articulation process, outreach programs to provide elementary school and secondary school students information about and academic preparation for the transition programs, helping students meet eligibility criteria for the postsecondary courses, and coordinating secondary and postsecondary support services and academic calendars. Institutions may use grant funds for costs associated with carrying out such transition programs, including the costs of: (1) tuition and fees, books, and required instructional materials; and (2) transportation to and from such programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elderly Housing Quality Improvement Act of 2002''. SEC. 2. GRANTS FOR REPAIRS OF ELDERLY HOUSING. Section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) is amended by striking subsection (h) and inserting the following new subsection: ``(h) Authorization of Appropriations for Capital Repair Grants.-- For grants for activities under subsection (a)(1) there is authorized to be appropriated $200,000,000 for each of fiscal years 2003, 2004, 2005, 2006, and 2007.''. SEC. 3. AFFORDABLE ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in eligible projects described in subsection (b) to assisted living facilities or other facilities that expand the availability of supportive services, to enhance the ability of elderly persons to maintain independent living. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that is primarily occupied by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, that there will be adequate funding for supportive services for residents of the facility converted with grant amounts. ``(e) Service Coordinators.--An application for a grant under this section may include a request for, and the Secretary may provide funds under a grant under this section for, amounts to provide service coordinators to assist in the provision of supportive services for residents of the facilities converted with grant amounts. ``(f) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities or supportive services that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the extent of financial need on the part of the applicant for funding to carry out the conversion activities proposed; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility or other supportive services facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing services to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(g) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(h) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2003, 2004, 2005, 2006, and 2007.''. SEC. 4. ELDERLY HOUSING SERVICE COORDINATORS. (a) Authorization of Appropriations for Federally Assisted Housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators and for contracts under section 802 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section, there is authorized to be appropriated to the Secretary of Housing and Urban Development, for each of fiscal years 2003, 2004, 2005, 2006, and 2007-- (1) such sums as may be necessary to renew all grants under such sections that were made for prior fiscal years; and (2) $30,000,000 for grants in addition to such renewal grants. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development, for each of fiscal years 2003, 2004, 2005, 2006, and 2007, for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary to renew all grants for providing service coordinators and congregate services for the elderly and disabled in public housing that were made in prior fiscal years; and (2) $20,000,000 for grants in addition to such renewal grants. SEC. 5. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than five housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section.
Elderly Housing Quality Improvement Act of 2002 - Amends the Housing Act of 1959 to authorize appropriations for capital repair grants under the supportive housing for the elderly program.Amends the United States Housing Act of 1937 to authorize: (1) the Secretary of Housing and Urban Development to make grants to public housing agencies to convert public housing units primarily occupied by elderly persons to assisted living or other supportive services facilities in order to enhance such persons' ability to maintain independent living; and (2) such grants to provide for service coordinators.Authorizes appropriations for elderly housing service coordinators and congregate services under specified federally-assisted and public housing programs.Directs the Secretary to carry out a pilot program (up to five housing projects) to determine the effectiveness of providing assistance under the supportive housing for the elderly program for projects that are used for both supportive housing for the elderly and for other types of housing, including market rate housing.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee National Forest Act of 2006''. SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. (a) Establishment.--There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area (in this section referred to as the ``scenic area'') consisting of approximately 13,382 acres, as generally depicted on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee National Forest, Georgia'' and dated May 3, 2006. (b) Map and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description 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 boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. (c) Management.-- (1) Purposes.--The Secretary shall manage the scenic area for the purposes of-- (A) ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area; (B) protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A); (C) providing parcels within the area that may develop characteristics of old-growth forests; and (D) providing a variety of recreation opportunities, consistent with the preceding purposes. (2) Priority.--In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (c)(1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (c)(1), using such means as the Secretary considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled ``Proposed Wilderness Additions--Chattahoochee National Forest'', are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: (1) Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. (2) One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. (3) Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. (4) One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. (5) Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. (6) One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. (7) One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions 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 maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section. (2) Effective date of wilderness act.--With respect to the land designated as wilderness by this section, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (3) Fish and wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. (4) Withdrawal.--Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.
{"src": "billsum_train", "title": "To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Wilderness Act of 1998''. SEC. 2. INCLUSION OF AREAS IN WILDERNESS SYSTEM. (a) Purpose and Intent.--In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is necessary to increase and expand the existing wilderness areas in the eastern United States. These wilderness areas shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness. As the bulk of wilderness lands exist in the western United States, the purpose and intent of this Act is to provide the means to designate additional qualifying lands as wilderness in the eastern United States. (b) Management.--The inclusion of an area of Federal lands in the National Wilderness Preservation System pursuant to this Act notwithstanding, the area shall continue to be managed by the department or agency having administrative jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. If the area was previously private or State land, the area shall be managed by the department or agency with the largest presence in the area. (c) Wilderness.--For purposes of this Act, a wilderness, in contrast with those areas where man and his own works dominate the landscape, is recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined as an area of undeveloped Federal, State, or private land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which-- (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) is east of the 100th meridian and has at least 500 acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value; and (5) if significantly trammeled by man, could otherwise qualify as wilderness through natural reclamation. For the purposes of this Act, the term ``natural reclamation'' means a process whereby, with minimal assistance or interference from man, land may in time, through the natural physical and biological processes of ecological succession, be restored to a state where man's imprint is substantially unnoticeable. (d) Scope of Act and Relationship to Other Law.--This Act shall apply only to lands east of the 100th meridian and nothing in this Act shall apply to any lands designated as components of the national wilderness preservation system before the enactment of this Act. SEC. 3. STUDY. The Secretary of Agriculture and the Secretary of the Interior are hereby directed to study and inventory all Federal lands of 500 acres or greater which are east of the 100th meridian and which qualify as wilderness according to the definition of wilderness in section 2(c) above. SEC. 4. REVIEW. (a) Study.--Within 10 years after the date of approval of this Act, the Secretary of Agriculture and the Secretary of the Interior shall review those areas identified as having wilderness characteristics during the inventory required in section 3 and shall from time to time report to the President their recommendation as to the suitability or nonsuitability of each such area for preservation as wilderness. (b) Procedure.-- (1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as wilderness-- (A) give such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land; (B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies; and (C) at least 30 days before the date of a hearing, advise the Governor of each State and the governing board of each county in which the lands are located, and Federal departments and agencies concerned, and invite such officials and Federal agencies to submit their views on the proposed action at the hearing or by no later than 30 days following the date of the hearing. (2) Any views submitted to the appropriate Secretary under the provisions of paragraph (1) of this subsection with respect to any area shall be included with any recommendations to the President and to Congress with respect to such area. (c) Recommendation.--The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within 2 years of the receipt of each report from the Secretaries. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. (d) Management of Study Areas.--During the period of review of such areas and until Congress has determined otherwise, the appropriate Secretary shall continue to manage such public lands under his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental protection. Such lands shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of section 204 of the Federal Land Policy and Management Act of 1976 for reasons other than preservation of their wilderness character. Once an area has been designated for preservation as wilderness under this Act, the provisions of this Act shall apply with respect to the administration and use of such designated area. SEC. 5. MANAGEMENT OF WILDERNESS AREAS. (a) In General.--Except as otherwise provided in this Act, each agency administering any area designated as wilderness under this Act shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as otherwise provided in this Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. (b) Commercial Enterprises, Roads, Structures, Etc.--Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within such area. (c) Special Provisions.--The following special provisions are hereby made: (1) Within wilderness areas designated by this Act, the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the appropriate Secretary deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable. (2) Nothing in this Act shall prevent, within wilderness areas designated by this Act, any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the wilderness environment. Furthermore, in accordance with such program as the Secretary of the Interior shall develop and conduct in consultation with the Secretary of Agriculture, such areas shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the Geological Survey to determine the mineral values, if any, that may be present; and the results of such surveys shall be made available to the public and submitted to the President and Congress. (3) Within wilderness areas designated by this Act-- (A) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interest of the United States and the people thereof than will its denial; and (B) the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. (4) Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas. (5) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. (6) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish on public lands. SEC. 6. PRIVATE PROPERTY. (a) Private Property.--In any case where State owned or privately owned land is completely surrounded by public lands within areas designated by this Act as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State owned or privately owned land by such State or private owner and their successors in interest, or the State owned or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the appropriate Secretary: Provided, however, That the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (b) Access to Valid Occupancies.--In any case where valid mining claims or other valid occupancies are wholly within a designated wilderness area, the appropriate Secretary shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated. (c) Acquisition.--Subject to the appropriation of funds by Congress, the appropriate Secretary is authorized to acquire State owned or privately owned land in order to establish the wilderness area or lands within the boundaries of any area designated by this Act as wilderness if-- (1) the owner consents to such acquisition; and (2) the acquisition is specifically authorized by Congress. (d) Compensation.--Any private or State land taken by an Act of Congress pursuant to this Act will constitute a ``taking'' under the fifth amendment and the owner of the land shall be compensated at fair market value. SEC. 7. ACCEPTANCE OF GIFTS. (a) Land.--The appropriate Secretary may accept gifts or bequests of land within wilderness areas designated by this Act for preservation as wilderness. The Secretary may also accept gifts or bequests of land adjacent to wilderness areas designated by the Act for preservation as wilderness if he has given 60 days advance notice thereof to the President of the Senate and the Speaker of the House of Representatives. Land accepted by the Secretary under this section shall become part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest. (b) Private Contributions.--The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this Act. SEC. 8. REPORT. At the opening of each session of Congress, the Secretaries of Agriculture and the Interior shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make.
Eastern Wilderness Act of 1998 - Directs the Secretaries of Agriculture and the Interior to: (1) study and inventory all Federal lands of 500 acres or more which are east of the 100th meridian and which may qualify as wilderness; (2) review those areas identified as having wilderness characteristics; and (3) report to the President their recommendation as to the suitability of each area for preservation as wilderness. Requires the President to advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to such areas. Provides for the management of such areas before and after designation as wilderness, requiring such areas to be devoted to recreational, scenic, scientific, educational, conservation, and historical use and prohibiting commercial enterprise and permanent roads within such areas (with specified exceptions, including the continuation of uses established before the designation). Authorizes continued access for private landowners whose land is surrounded by wilderness area. Authorizes the appropriate Secretary to: (1) acquire State or privately owned land to establish a wilderness area if the owner consents and the acquisition is specifically authorized by the Congress; and (2) accept gifts or bequests of land within wilderness areas. Requires, at the beginning of each congressional session, a joint report from the Secretaries to the President on the status of the wilderness system.
{"src": "billsum_train", "title": "Eastern Wilderness Act of 1998"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``A First Step to Long-Term Care Act of 2002''. SEC. 2. MAKING MEDICAID ESTATE RECOVERY OPTIONAL. (a) In General.--Section 1917(b)(1) of the Social Security Act (42 U.S.C. 1396p(b)(1)) is amended by striking ``shall seek'' each place it appears and inserting ``may seek''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. A State (as defined for purposes of title XIX of the Social Security Act) may apply such amendments to estates and sales occurring at such earlier date as the State may specify. SEC. 3. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER THE MEDICARE PROGRAM. (a) Substitute Adult Day Care Services Benefit.-- (1) In general.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``or (8)'' after ``paragraph (7)''; (B) in paragraph (6), by striking ``and'' at the end; (C) in paragraph (7), by adding ``and'' at the end; and (D) by inserting after paragraph (7), the following new paragraph: ``(8) substitute adult day care services (as defined in subsection (ww));''. (2) Substitute adult day care services defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Adult Day Care Services; Adult Day Care Facility ``(ww)(1)(A) The term `substitute adult day care services' means the items and services described in subparagraph (B) that are furnished to an individual by an adult day care facility as a part of a plan under subsection (m) that substitutes such services for a portion of the items and services described in subparagraph (B)(i) furnished by a home health agency under the plan, as determined by the physician establishing the plan. ``(B) The items and services described in this subparagraph are the following items and services: ``(i) Items and services described in paragraphs (1) through (7) of subsection (m). ``(ii) Meals. ``(iii) A program of supervised activities designed to promote physical and mental health and furnished to the individual by the adult day care facility in a group setting for a period of not fewer than 4 and not greater than 12 hours per day. ``(iv) A medication management program (as defined in subparagraph (C)). ``(C) For purposes of subparagraph (B)(iv), the term `medication management program' means a program of services, including medicine screening and patient and health care provider education programs, that provides services to minimize-- ``(i) unnecessary or inappropriate use of prescription drugs; and ``(ii) adverse events due to unintended prescription drug- to-drug interactions. ``(2)(A) Except as provided in subparagraphs (B) and (C), the term `adult day care facility' means a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; ``(ii) meets such standards established by the Secretary to ensure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; ``(iii) provides the items and services described in paragraph (1)(B); and ``(iv) meets the requirements of paragraphs (2) through (8) of subsection (o). ``(B) Notwithstanding subparagraph (A), the term `adult day care facility' shall include a home health agency in which the items and services described in clauses (ii) through (iv) of paragraph (1)(B) are provided-- ``(i) by an adult day-care program that is licensed or certified by a State, or accredited, to furnish such items and services in the State; and ``(ii) under arrangements with that program made by such agency. ``(C) The Secretary may waive the requirement of a surety bond under paragraph (7) of subsection (o) in the case of an agency or organization that provides a comparable surety bond under State law. ``(D) For purposes of payment for home health services consisting of substitute adult day care services furnished under this title, any reference to a home health agency is deemed to be a reference to an adult day care facility.''. (b) Payment for Substitute Adult Day Care Services.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(f) Payment Rate for Substitute Adult Day Care Services.--In the case of home health services consisting of substitute adult day care services (as defined in section 1861(ww)), the following rules apply: ``(1) The Secretary shall estimate the amount that would otherwise be payable under this section for all home health services under that plan of care other than substitute adult day care services for a period specified by the Secretary. ``(2) The total amount payable for home health services consisting of substitute adult day care services under such plan may not exceed 95 percent of the amount estimated to be payable under paragraph (1) furnished under the plan by a home health agency.''. (c) Adjustment in Case of Overutilization of Substitute Adult Day Care Services.-- (1) Monitoring expenditures.--Beginning with fiscal year 2004, the Secretary of Health and Human Services shall monitor the expenditures made under the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for home health services (as defined in section 1861(m) of such Act (42 U.S.C. 1395x(m))) for the fiscal year, including substitute adult day care services under paragraph (8) of such section (as added by subsection (a)), and shall compare such expenditures to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if subsection (a) had not been enacted. (2) Required reduction in payment rate.--If the Secretary determines, after making the comparison under paragraph (1) and making such adjustments for changes in demographics and age of the Medicare beneficiary population as the Secretary determines appropriate, that expenditures for home health services under the Medicare Program, including such substitute adult day care services, exceed expenditures that would have been made under such program for home health services for a year if subsection (a) had not been enacted, then the Secretary shall adjust the rate of payment to adult day care facilities so that total expenditures for home health services under such program in a fiscal year does not exceed the Secretary's estimate of such expenditures if subsection (a) had not been enacted. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2003. SEC. 4. CLARIFICATION OF THE DEFINITION OF HOMEBOUND FOR PURPOSES OF DETERMINING ELIGIBILITY FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Clarification.--Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended by adding at the end the following: ``Notwithstanding the preceding sentences, in the case of an individual that requires technological assistance or the assistance of another individual to leave the home, the Secretary may not disqualify such individual from being considered to be `confined to his home' based on the frequency or duration of the absences from the home.''. (b) Technical Amendments.--(1) Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended in the sixth sentence by striking ``leave home,'' and inserting ``leave home and''. (2) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)), as amended by subsection (a), is amended by moving the seventh sentence, as added by section 322(a)(1) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (appendix F, 114 Stat. 2763A-501), as enacted into law by section 1(a)(6) of Public Law 106-554, to the end of that section. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act.
A First Step to Long-Term Care Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make Medicaid estate recovery optional.Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of substitute adult day care services.Revises the definition of home-bound for purposes of determining eligibility for home health services under the Medicare program. Denies the Secretary of Health and Human Services any authority to disqualify an individual who requires technological assistance or the assistance of another individual to leave home from being considered confined to his home based on the frequency or duration of absences from home.
{"src": "billsum_train", "title": "A bill to amend titles XVIII and XIX of the Social Security Act to improve access to long-term care services under the medicare and medicaid programs."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Suburban and Community Forestry and Open Space Program Act of 2005''. SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM. The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by adding at the end the following new section: ``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM. ``(a) Definitions.--In this section: ``(1) Committee.--The term `Committee' means a State Forest Stewardship Coordinating Committee established under section 19(b). ``(2) Eligible entity.--The term `eligible entity' means a unit of local government or a nonprofit organization that-- ``(A) the Secretary determines, in accordance with the criteria established under subsection (c)(2)(B) is eligible to receive a grant under subsection (d); and ``(B) the State forester, in consultation with the Committee, determines-- ``(i) has the abilities necessary to acquire and manage interests in real property; and ``(ii) has the resources necessary to monitor and enforce any terms applicable to the eligible project. ``(3) Eligible project.--The term `eligible project' means a fee purchase, easement, or donation of land to conserve private forest land identified for conservation under subsection (c)(2)(A). ``(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) Nonprofit organization.--The term `nonprofit organization' means any organization that is-- ``(A) described in section 501(c) of the Internal Revenue Code of 1986; and ``(B) exempt from taxation under 501(a) of the Internal Revenue Code of 1986. ``(6) Private forest land.--The term `private forest land' means land that---- ``(A) consists of at least 50 percent forest cover, with the remainder made up of-- ``(i) compatible non-forest uses, including cultivated farmlands, pastures, orchards, shrub lands, grasslands, wetlands, or open waters; or ``(ii) preexisting structures that are inseparable from the landholding and do not have a detrimental effect on conservation values; ``(B) is capable of producing commercial forest products; and ``(C) is owned by a private entity or an Indian tribe. ``(7) Program.--The term `program' means the Suburban and Community Forestry and Open Space Program established by subsection (b). ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(b) Establishment and Purpose.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Program'. The purpose of the program is to provide assistance to eligible entities to carry out eligible projects in States in which less than 25 percent of the land is owned by the United States to-- ``(1) conserve private forest land and maintain working forests in areas threatened by significant suburban sprawl or by conversion to nonforest uses; ``(2) provide communities a means by which to address significant suburban sprawl; and ``(3) support primary and secondary value-added forest products industries and employment in areas threatened by-- ``(A) significant suburban sprawl; or ``(B) conversion to nonforest uses. ``(c) Identification of Eligible Private Forest Land and Entities.-- ``(1) National criteria.--The Secretary shall establish national eligibility criteria for the identification of private forest land that may be conserved under this section. ``(2) State criteria.--Based on the criteria established under paragraph (1), the State forester shall establish-- ``(A) criteria for the identification, subject to paragraph (4), of private forest land in each State that may be conserved under this section; and ``(B) criteria for the identification of eligible entities. ``(3) Consultation and approval.--The State criteria required under paragraph (2) shall be established in consultation with the Committee and shall be subject to the approval of the Secretary. ``(4) Conditions for eligible private forest land.--Private forest land identified for conservation using the criteria established under paragraph (2)(A) shall be land that-- ``(A) is located in a State in which less than 25 percent of the land is owned by the United States; and ``(B) as determined by the State forester, in consultation with the Committee and subject to the approval of the Secretary-- ``(i) is located in an area that is affected, or threatened to be affected, by significant suburban sprawl, taking into account housing needs in the area; and ``(ii) is threatened by present or future conversion to nonforest use. ``(d) Grant Program.-- ``(1) Grants for eligible projects.--In carrying out the program, the Secretary shall award competitive grants to eligible entities to carry out eligible projects. ``(2) Public access.--Eligible entities are encouraged to provide public access to land on which an eligible project is carried out, consistent with State law and preexisting access agreements. ``(e) Application and Stewardship Plan.-- ``(1) Submission.--An eligible entity that seeks to receive a grant under the program shall submit to the State forester-- ``(A) at such time and in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be conserved using funds from the grant and a description of the extent of the threat of conversion to nonforest use); and ``(B) a stewardship plan that describes-- ``(i) the manner in which any private forest land to be conserved using funds from the grant will be managed in accordance with this section; ``(ii) the manner in which the stewardship plan will be implemented; and ``(iii) the public benefits, including economic and noneconomic benefits, to be achieved from implementation of the stewardship plan. ``(2) Assessment of need.--With respect to an application submitted under paragraph (1)(A), the State forester shall-- ``(A) assess the need for preserving working suburban forest land and open space and containing suburban sprawl in the State, taking into account the housing needs of the area in which the eligible project is to be carried out; and ``(B) submit the application and the assessment of need to the Secretary. ``(f) Review of Applications.-- ``(1) In general.--As soon as practicable after the date on which the Secretary receives an application under subsection (e), or a resubmission of an application under subparagraph (B), the Secretary shall review the application and-- ``(A) award a grant to the applicant; or ``(B) disapprove the application and provide the applicant with a statement that describes the reasons why the application was disapproved and specifies a deadline by which the applicant may resubmit the application under this subsection. ``(2) Considerations; priority.--In awarding grants under the program, the Secretary shall-- ``(A) consider the need for the eligible project based on the assessment of need submitted under subsection (e)(2) and subject to the criteria established under subsection (c); and ``(B) give priority to applicants that propose to fund eligible projects that promote-- ``(i) the preservation of suburban forest land and open space; ``(ii) the containment of suburban sprawl; ``(iii) the sustainable management of private forest land; ``(iv) community involvement in determining the objectives for eligible projects that are funded under this section; ``(v) primary and secondary value-added forest products industries and employment; ``(vi) the protection of water, wildlife, scenic and recreational resources; and ``(vii) the protection of forestlands recognized as conservation priorities within Federal, regional, State, or local watershed, open space, or other resource protection plans. ``(g) Cost Sharing.-- ``(1) In general.--The amount of a grant awarded under the program to carry out an eligible project shall not exceed 50 percent of the total cost of the eligible project. ``(2) Assurances.--As a condition of receipt of a grant under the program, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured. ``(3) Form.--The share of the cost of carrying out any eligible project that is not funded by a grant awarded under the program may be provided in cash or in kind (including a donation of land). ``(h) Use of Grant Funds for Purchases of Land or Easements.-- ``(1) Purchases.-- ``(A) Purchase at fair market value.--Except as provided in subparagraph (B), funds made available, and grants awarded, under the program may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value. ``(B) Purchase at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion. ``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, in consultation with the State, by-- ``(A) a State; ``(B) a unit of local government; or ``(C) a nonprofit organization. ``(3) Termination of easement.--Except as provided in paragraph (4), all right, title, and interest of a unit of local government or nonprofit organization in and to a conservation easement purchased under paragraph (1) shall terminate and vest in the State if the State determines that-- ``(A) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the conservation easement; or ``(B) the conservation easement has been modified in a way that is inconsistent with the purposes of the program. ``(4) Conveyance to another unit of local government or nonprofit organization.--If a State makes a determination under paragraph (3), the State may convey or authorize the unit of local government or nonprofit organization to convey the conservation easement to another unit of local government or nonprofit organization. ``(i) Administrative Costs.--The State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use amounts made available under subsection (k) to pay the administrative costs of the State relating to the program. ``(j) Report.--The Secretary shall submit to Congress a report on the eligible projects carried out under this section in accordance with section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)). ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2006; and ``(2) such sums as are necessary for each fiscal year thereafter.''.
Suburban and Community Forestry and Open Space Program Act of 2005 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Program, which shall provide cost-share grants to preserve private forest land, contain suburban sprawl, and support value-added forest product industries in States in which less than 25 percent of the land is owned by the United States.
{"src": "billsum_train", "title": "To amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to States and nonprofit organizations to preserve suburban forest land and open space and contain suburban sprawl."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseball Fans and Communities Protection Act of 1994''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO MAJOR LEAGUE BASEBALL IN EXCEPTIONAL AND EXTRAORDINARY CIRCUMSTANCES. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following: ``Sec. 27. (a) If unilateral terms and conditions of employment in restraint of trade or commerce are imposed by any party that has been subject to an agreement between 2 or more major league baseball clubs and the labor organization representing the players of major league baseball, such unilateral imposition shall be subject to the antitrust laws. ``(b) Subsection (a) shall not apply to a term or condition imposed solely with respect to a professional baseball player who is a party to a uniform player contract that is assigned, at the time the imposition described in such subsection occurs, to a baseball club that is not a major league professional baseball club. ``(c) This section shall not be construed to modify, impair, or supersede the operation of-- ``(1) the Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), or ``(2) any Federal statute relating to labor relations. ``(d) For purposes of this section, the term `terms and conditions' does not include a strike or a lockout.''.
Baseball Fans and Communities Protection Act of 1994 - Amends the Clayton Act to apply the antitrust laws to any unilateral terms and conditions of employment in restraint of trade or commerce imposed by any party to an agreement between two or more major league baseball clubs and the labor organization representing the baseball players. States that the antitrust laws shall not apply to a term or condition imposed solely with respect to a player party to a uniform player contract that is assigned, at the time such imposition occurs, to a non-major league professional baseball club.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Enhancement Act of 2009''. SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE AGENCIES. (a) In General.--Section 524 of title 40, United States Code, is amended to read as follows: ``Sec. 524. Duties of the General Services Administration and executive agencies ``(a) Duties of the General Services Administration.-- ``(1) Guidance.--The Administrator shall issue guidance for the development and implementation of agency real property plans. Such guidance shall include recommendations on-- ``(A) how to identify excess properties; ``(B) how to evaluate the costs and benefits involved with disposing of real property; ``(C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and ``(D) how best to dispose of those properties identified as excess to the needs of the agency. ``(2) Annual report.--(A) The Administrator shall submit an annual report, for each of the first 5 years after 2009, to the congressional committees listed in subparagraph (C) based on data submitted from all executive agencies, detailing executive agency efforts to reduce their real property assets and the additional information described in subparagraph (B). ``(B) The report shall contain the following information for the year covered by the report: ``(i) The aggregated estimated market value and number of real property assets under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(ii) The aggregated estimated market value and number of surplus real property assets under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(iii)(I) The aggregated cost for maintaining all surplus real property under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/installation level. ``(II) For purposes of subclause (I), costs for real properties owned by the Federal Government shall include recurring maintenance and repair costs, utilities, cleaning and janitorial costs, and roads and grounds expenses. ``(III) For purposes of subclause (I), costs for real properties leased by the Federal Government shall include lease costs, including base and operating rent and any other relevant costs listed in subclause (II) not covered in the lease contract. ``(iv) The aggregated estimated deferred maintenance costs of all real property under the custody and control of all executive agencies, set forth government-wide and by agency, and for each at the constructed asset level and at the facility/ installation level. ``(v) For each surplus real property facility/ installation disposed of, an indication of-- ``(I) its geographic location with address and description; ``(II) its size, including square footage and acreage; ``(III) the date and method of disposal; and ``(IV) its estimated market value. ``(vi) Such other information as the Administrator considers appropriate. ``(C) The congressional committees listed in this subparagraph are as follows: ``(i) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. ``(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate. ``(3) Assistance.--The Administrator shall assist executive agencies in the identification and disposal of excess real property. ``(b) Duties of Executive Agencies.-- ``(1) In general.--Each executive agency shall-- ``(A) maintain adequate inventory controls and accountability systems for property under its control; ``(B) continuously survey property under its control to identify excess property; ``(C) promptly report excess property to the Administrator; ``(D) perform the care and handling of excess property; and ``(E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. ``(2) Specific requirements with respect to real property.--With respect to real property, each executive agency shall-- ``(A) develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1); ``(B) identify and categorize all real property owned, leased, or otherwise managed by the agency; ``(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory; ``(D) when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess. ``(3) Additional requirements.--Each executive agency, as far as practicable, shall-- ``(A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; ``(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and ``(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non- Federal property.''. (b) Clerical Amendment.--The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: ``524. Duties of the General Services Administration and executive agencies.''. SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE REPORTED AS EXCESS. Section 572(a)(2) of title 40, United States Code, is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional authority.--(i) From the fund described in paragraph (1), subject to clause (iv), the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency. ``(ii) The General Services Administration shall be reimbursed from the proceeds of the sale of such properties for such costs. ``(iii) Net proceeds shall be dispersed pursuant to section 571 of this title. ``(iv) The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by use, sale, lease, exchange, or otherwise, including through leaseback arrangements or service agreements. ``(v) Nothing in this subparagraph is intended to affect subparagraph (D).''. SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY. (a) Authority To Pay Expenses Related to Reverted Real Property.-- Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following: ``(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.''. (b) Requirements Related to Sales of Reverted Property Under Section 550.--Section 550(b)(1) of title 40, United States Code, is amended-- (1) by inserting ``(A)'' after ``(1) In general.--''; and (2) by adding at the end the following: ``If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title.''. (c) Requirements Related to Sales of Reverted Property Under Section 553.--Section 553(e) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title.''. (d) Requirements Related to Sales of Reverted Property Under Section 554.--Section 554(f) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Secretary, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. ``(b) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 553 of this title.''. SEC. 5. AGENCY RETENTION OF PROCEEDS. The text of section 571 of title 40, United States Code, is amended to read as follows: ``(a) Proceeds From Transfer or Sale of Real Property.--Net proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property at the time the real property is determined to be excess. Such funds shall be expended only as authorized in annual appropriations Acts and only for activities as described in section 524(b) of this title and disposal activities, including paying costs incurred by the General Services Administration for any disposal-related activity authorized by this title. Proceeds may also be expended by the agency for maintenance and repairs of the agency's real property necessary for its disposal or for the repair or alteration of the agency's other real property, provided that proceeds shall not be authorized for expenditure in an appropriations Act for any repair or alteration project that is subject to the requirements of section 3307 of this title without a prospectus submitted by the General Services Administration and approved by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. ``(b) Effect on Other Sections.--Nothing in this section is intended to affect section 572(b), 573, or 574 of this title. ``(c) Disposal Agency for Reverted Property.--For the purposes of this section, for any real property that reverts to the United States under sections 550, 553, and 554 of this title, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for the real property at the time the real property is determined to be excess. ``(d) Net Proceeds.--The net proceeds referred to in subsection (a) are proceeds under this chapter, less expenses of the transfer or disposition as provided in section 572(a) of this title, from a-- ``(1) transfer of excess real property to a Federal agency for agency use; or ``(2) sale, lease, or other disposition of surplus real property. ``(e) Proceeds From Transfer or Sale of Personal Property.--(1) Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. ``(2) The proceeds described in this paragraph are proceeds under this chapter from-- ``(A) a transfer of excess personal property to a Federal agency for agency use; or ``(B) a sale, lease, or other disposition of surplus personal property. ``(3) Subject to regulations under this subtitle, the expenses of the sale of personal property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This paragraph applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law.''. SEC. 6. DEMONSTRATION AUTHORITY. (a) In General.--Subchapter II of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 530. Demonstration program of inapplicability of certain requirements of law ``(a) Authority.--Effective for fiscal years 2009 and 2010, the requirements of section 501(a) of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11411(a)) shall not apply to eligible properties. ``(b) Eligible Properties.--A property is eligible for purposes of subsection (a) if it meets both of the following requirements: ``(1) The property is selected for demolition by an agency and is a Federal building or other Federal real property located on land not determined to be excess, for which there is an ongoing Federal need, and not to be used in any lease, exchange, leaseback arrangement, or service agreement. ``(2) The property is-- ``(A) located in an area to which the general public is denied access in the interest of national security and where alternative access cannot be provided for the public without compromising national security; or ``(B) the property is-- ``(i) uninhabitable; ``(ii) not a housing unit; and ``(iii) selected for demolition by an agency because either-- ``(I) the demolition is necessary to further an identified Federal need for which funds have been authorized and appropriated; or ``(II) the property poses risk to human health and safety or has become an attractive nuisance. ``(c) Limitations.-- ``(1) No property of the Department of Veterans Affairs may be considered an eligible property for purposes of subsection (a). ``(2) With respect to an eligible property described in subsection (b), the land underlying the property remains subject to all public benefit requirements and notifications for disposal. ``(d) Notification to Congress.--(1) A list of each eligible property described in subsection (b) that is demolished or scheduled for demolition, by date of demolition or projected demolition date, shall be sent to the congressional committees listed in paragraph (2) and published on the Web site of the General Services Administration biannually beginning 6 months after the date of the enactment of this section. ``(2) The congressional committees listed in this paragraph are as follows: ``(A) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. ``(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate. ``(e) Relationship to Other Provisions of Law.--Nothing in this section may be construed as interfering with the requirement for the submission of a prospectus to Congress as established by section 3307 of this title or for all demolitions to be carried out pursuant to section 527 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following new item: ``530. Demonstration program of inapplicability of certain requirements of law.''.
Federal Real Property Disposal Enhancement Act of 2009 - Requires the Administrator of the General Services Administration (GSA) to: (1) issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings; (2) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (3) assist agencies in the identification and disposal of excess real property. Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of excess real property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property. Revises requirements for federal agency retention of proceeds from the transfer or sale of excess real property. Provides that requirements under the McKinney Vento Homeless Assistance Act for the use of public buildings and real property to assist the homeless shall not apply to certain non-excess federal buildings or real property selected for demolition.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coding Opportunities and Development for Equitable Students Act'' or the ``High School CODES Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coding.--The term ``coding'' has the meaning given the term in section 114(e)(6) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(e)(6)). (2) Computer science.--The term ``computer science'' means the study of computers and algorithmic processes, including the principles, hardware and software designs, implementation, and impact on society, of computers and algorithmic processes. SEC. 3. SENSE OF THE HOUSE. It is the sense of the House of Representatives that-- (1) States should support high schools in recognizing coding and computer science classes as classes that count toward the fulfillment of graduation requirements; (2) it should be a priority to create a national strategy to incorporate computer science and coding into the elementary and secondary educational system in the United States; (3) learning to write and read code is critical to creating and innovating in cyberspace, and learning to write and read code is a skill critical to the national security and economic competitiveness of the United States; and (4) the modernization of the educational system in the United States is a priority, and modernization is necessary to bolster the next generation of high-tech workers. SEC. 4. CODING DEMONSTRATION PROGRAM. Section 114 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324) is amended-- (1) by redesignating subsection (e) as subsection (f); (2) in subsection (d)(2)(A), by striking ``subsection (e)'' and inserting ``subsection (f)''; (3) in subsection (d)(4)(A), by striking ``subsection (e)'' and inserting ``subsection (f)''; and (4) by inserting after subsection (d) the following: ``(e) Coding Demonstration Program.-- ``(1) In general.--The Secretary shall carry out a coding demonstration program, through which the Secretary shall award grants to local educational agencies to enable those local educational agencies to establish new programs or expand existing programs that allow high school students to take a coding class in place of a mathematics, science, or foreign language class in order to fulfill a graduation requirement. ``(2) Application.-- ``(A) In general.--A local educational agency desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the information described in subparagraph (B). ``(B) Contents.--An application submitted under subparagraph (A) shall include-- ``(i) a strategy for obtaining future funding to sustain the program after the grant has ended from State, private, or other non- Federal funding sources; ``(ii) a spending plan; ``(iii) a description of the goals of the program; and ``(iv) a description of the statistics the local educational agency will collect to include in the local educational agency's report to the Secretary described under paragraph (4). ``(3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to a local educational agency submitting an application under paragraph (2) that is located in a rural or underserved area. ``(4) Report.--Not later than 5 years after the date of enactment of this subsection, each local educational agency receiving a grant under paragraph (1) shall submit to the Secretary a report about the coding program activities carried out with grant funds, including information and statistics about that program's findings, successes, and failures. ``(5) Sunset.--This subsection shall remain in effect until the date that is 5 years after the date of enactment of this subsection. ``(6) Definitions.-- ``(A) Coding.--In this subsection, the term `coding' means the creation and modification of-- ``(i) source code (defined as any series of statements written in some human-readable computer programming language); or ``(ii) machine code (defined as instructions for a computer processor in some machine language). ``(B) High school.--In this subsection, the term `high school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''.
Coding Opportunities and Development for Equitable Students Act or the High School CODES Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED) to carry out a coding demonstration program. Under the program, ED shall award grants to local educational agencies for the establishment or expansion of programs that allow high-school students to take a coding class in place of a mathematics, science, or foreign language class as graduation requirement.
{"src": "billsum_train", "title": "Coding Opportunities and Development for Equitable Students Act"}
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SECTION 1. FINDINGS. Congress finds that-- (1) the United States exercises sovereignty over Puerto Rico pursuant to the Treaty of Paris proclaimed by President McKinley on April 11, 1899 (30 Stat. 1754), article IX of which established that residents of the territory not owing allegiance to another nation would have United States nationality and provided that the ``civil rights and political status of the native inhabitants'' of Puerto Rico ``shall be determined by the Congress''; (2) Congress carries out all Federal responsibilities with respect to Puerto Rico, including those set forth in article IX of the Treaty of Paris, pursuant to clause 2 of section 3 of article IV of the Constitution (commonly known as the ``territorial clause''), which provides that ``Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''; (3) in the Act of March 2, 1917 (39 Stat. 951, chapter 145), Congress carried out its responsibility under article IX of the Treaty of Paris by providing for civil administration of Puerto Rico and declared that, by virtue of that Act, the inhabitants of Puerto Rico shall be citizens of the United States, with such civil rights and political status as Congress determined to be consistent with birth or residence in an unincorporated territory rather than a State of the Union; (4) in the Act of July 3, 1950 (64 Stat. 319, chapter 446), Congress further implemented article IX of the Treaty of Paris by authorizing the residents of Puerto Rico to adopt a constitution, which was implemented in 1952 after acceptance by Puerto Rico of certain amendments made by Congress in approving the territorial constitution, thereby establishing the current commonwealth structure for local self-government in respect of internal affairs and local government administration, subject to the Constitution of the United States and other Federal law applicable to Puerto Rico; and (5) the United States, consistent with its constitutional process, is committed to respecting the principle of self- determination in implementing any Federal measures that would provide for or make possible a transition of government from the current territorial status of commonwealth to a permanent and fully self-governing political status for Puerto Rico. SEC. 2. REFERENDA. (a) Policy of the United States.-- (1) In general.--It is the policy of the United States that, as long as Puerto Rico remains subject to the plenary power of Congress under the territorial clause, the residents of Puerto Rico periodically should be afforded an opportunity freely to express their wishes regarding the future political status of Puerto Rico. (2) Options.--The self-determination process for Puerto Rico should enable the residents of Puerto Rico to express a preference to-- (A) preserve the current political status of Puerto Rico; or (B) choose to seek, in accordance with a process approved by Congress and the residents of Puerto Rico-- (i) admission as a State of the Union on the basis of full equality; or (ii) withdrawal of United States sovereignty and nationality in favor of separate sovereignty and nationality for Puerto Rico and a relationship with the United States consistent with independence or free association. (b) Requirements.--A referendum under this Act-- (1) shall be conducted among persons in Puerto Rico who have the nationality and citizenship of the United States and meet other applicable residency and voter eligibility requirements under Federal or territorial law; and (2) shall be conducted by the duly constituted authorities of the Commonwealth of Puerto Rico in accordance with applicable provisions of the elections law of Puerto Rico and other applicable Federal and territorial law, consistent with this Act. (c) Referendum by the End of 1998.--A referendum under this Act shall be conducted not later than December 31, 1998. (d) Format of Referendum Ballot.--A referendum ballot shall instruct a voter to approve 1 of 3 options presented in a side-by-side format on the ballot, as follows: ``Instructions: Mark 1 of the following status options for Puerto Rico. A ballot with more than 1 option marked will not be counted. ``Option A.--COMMONWEALTH.--If you agree, mark here: ____. ``Puerto Rico should continue its current status, in which-- ``(1) Puerto Rico continues the current commonwealth structure for self-government with respect to internal affairs and administration; ``(2) provisions of the Constitution and other laws of the United States apply to Puerto Rico as determined by Congress; ``(3) Puerto Rico remains a locally self-governing unincorporated territory of the United States; ``(4) continuation or modification of current Federal law and policy applicable to Puerto Rico remains within the discretion of Congress under the territorial clause of the Constitution of the United States; and ``(5) the ultimate status of Puerto Rico will be determined through a process authorized by Congress that includes self- determination by the people of Puerto Rico in periodic referenda. ``Option B.--SEPARATE SOVEREIGNTY.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through separate sovereignty leading to independence or free association, in which-- ``(1) Puerto Rico is a sovereign nation with full authority and responsibility for its internal affairs and has the capacity to exercise in its own name and right the powers of government with respect to its territory and population; ``(2) relations between the United States and Puerto Rico are maintained under a negotiated government-to-government treaty of friendship, or bilateral pact of free association terminable at will by either government, providing for cooperation and assistance in matters of shared interest as agreed on by Puerto Rico and the United States in accordance with their respective constitutional processes; ``(3) a constitution democratically instituted by the people of Puerto Rico, establishing a republican form of government and securing the rights of citizens of the Puerto Rican nation, is the supreme law, and the Constitution and other laws of the United States no longer apply in Puerto Rico; ``(4)(A) the people of Puerto Rico owe allegiance to the sovereign nation of Puerto Rico and have the nationality and citizenship of Puerto Rico; ``(B) United States sovereignty, nationality, and citizenship in Puerto Rico are ended; and ``(C) birth in Puerto Rico or relationship to a person with statutory United States citizenship by virtue of birth in Puerto Rico is not a basis for United States nationality or citizenship; ``(5) a person who acquired United States citizenship by virtue of birth in Puerto Rico at a time when Puerto Rico was a territory of the United States has a statutory right to retain that status for life, by entitlement or election as provided by Congress, based on allegiance to the United States, except that no person who has or maintains allegiance, nationality, or citizenship rights with respect to any sovereign nation other than the United States shall have that statutory right; and ``(6) diplomatic relations, trade relations, and government-to-government assistance shall be based on treaty, and property rights and acquired rights vested by employment under the laws of Puerto Rico or the United States shall be honored, adjusted, and settled in accordance with agreements implementing the separation of sovereignty. ``Option C.--STATEHOOD.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through United States sovereignty leading to statehood, in which-- ``(1) the people of Puerto Rico are fully self-governing with their rights secured under the Constitution of the United States, which is the supreme law and has the same force and effect as in the other States of the United States; ``(2) the sovereign State of Puerto Rico is in permanent union with the United States, and powers not delegated to the Federal Government or prohibited to the States by the Constitution of the United States are reserved to the people of Puerto Rico or the State government; ``(3) United States nationality and citizenship of a person born in Puerto Rico is guaranteed, protected, and secured in the same way as for all United States citizens born in the other States; ``(4) residents of Puerto Rico have equal rights, benefits, duties, and responsibilities of citizenship as residents of the other States; ``(5) Puerto Rico is represented by 2 members in the United States Senate and in the United States House of Representatives proportionately to the population; and ``(6) United States citizens in Puerto Rico are enfranchised to vote in elections for the President and Vice President of the United States.''. SEC. 3. IMPLEMENTATION. (a) Certification of Results of Referendum.--The Government of Puerto Rico shall certify to the President and Congress the results of a referendum under this Act. On certification of the results, subsection (b) or (c), as appropriate, shall apply. (b) Approval of Current Status or Rejection of Terms for Implementation of a New Status.--If a majority of the voters in a referendum under this Act approves continuation of the unincorporated status and commonwealth structure for local self-government, or on rejection of a transition plan or implementation of a new status in accordance with this Act, unless otherwise provided by Congress-- (1) the unincorporated status and commonwealth structure for local self-government shall continue; and (2) to ensure that the principle of self-determination is respected and that the residents of Puerto Rico are afforded the opportunity freely to express their wishes with respect to resolution of the status of Puerto Rico based on the options for permanent self-government described in section 2, a referendum on the future political status of Puerto Rico shall be held in accordance with this Act every 4 years thereafter, but not on or within 180 calendar days before or after the date of a general election. (c) Approval of Separate Sovereignty or Incorporation Leading to Statehood.-- (1) Transition plan.-- (A) Proposal.--If a majority of the voters in a referendum under this Act approve full self-government through separate sovereignty or incorporation leading to statehood, not later than 180 days after the date of the referendum, the President shall transmit to Congress a proposal for legislation to enact a transition plan. (B) Transition period.--Unless Congress provides a longer period, a transition plan shall provide for a transition period of not to exceed 10 years. (C) Contents.--A transition plan shall prescribe the terms and criteria the fulfillment of which will provide the basis for instituting full self-government for Puerto Rico consistent with separate sovereignty or incorporation leading to statehood, as the case may be. (2) Referendum on transition plan.-- (A) Initial approval.--Not later than 180 days after the date of enactment of an Act establishing a transition plan under paragraph (1), a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove the transition plan. (B) Approval of final implementation.--Before the expiration of the transition period set forth in the transition plan, a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove final implementation of the new status of Puerto Rico, as established in accordance with this Act. SEC. 4. AVAILABILITY OF FUNDS FOR THE REFERENDA. (a) In General.-- (1) Availability of amounts derived from tax on foreign rum.--During the period beginning on October 1, 1997, and ending on the date on which the President determines that all referenda required by this Act have been held, from the amounts covered into the treasury of Puerto Rico under section 7652(e)(1) of the Internal Revenue Code of 1986, the Secretary of the Treasury-- (A) upon request and in the amounts identified from time to time by the President, shall make the amounts so identified available to the treasury of Puerto Rico for the purposes specified in subsection (b); and (B) shall transfer all remaining amounts to the treasury of Puerto Rico in accordance with law in effect on the date of enactment of this Act. (2) Report of referenda expenditures.--Not later than 180 days after each referendum under this Act, and after the end of the period specified in paragraph (1), the President, in consultation with the government of Puerto Rico, shall submit a report to Congress on the amounts made available under paragraph (1)(A) and all other amounts expended by the State Elections Commission of Puerto Rico for referenda under this Act. (b) Grants for Conducting Referenda and Voter Education.-- (1) In general.--From amounts made available under subsection (a)(1), the Government of Puerto Rico shall make grants to the State Elections Commission of Puerto Rico for referenda under this Act, as follows: (A) 50 percent shall be available only for the costs of conducting the referenda. (B) 50 percent shall be available only for voter education funds for the central ruling body of the political party, parties, or other qualifying entities advocating a particular ballot choice. (2) Allocation among advocates.--The amount allocated for advocating ballot choices under this paragraph (1)(B) shall be apportioned equally among the parties advocating the respective ballot choices. (c) Additional Resources.--In addition to amounts made available under this Act, the legislature of Puerto Rico may allocate additional resources for administrative and voter education costs to each party so long as the distribution of funds is consistent with the apportionment requirements of subsection (b)(2).
Declares that it is U.S. policy that the residents of Puerto Rico should be afforded periodically the opportunity freely to express a preference for preserving its current political status or choosing to seek U.S. statehood or separate sovereignty (independence or free association). Requires a referendum on these questions to be held by December 31, 1998. Sets forth specified requirements with respect to the referendum and implementation of its results. Makes funds derived from excise taxes collected on rum imported into the United States and deposited into the treasury of Puerto Rico available for grants to the State Elections Commission of Puerto Rico for: (1) costs of conducting the referendum; and (2) voter education.
{"src": "billsum_train", "title": "A bill to provide for referenda in which the residents of Puerto Rico may express democratically their preferences regarding the political status of the territory, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Technical Corrections Act of 2010''. SEC. 2. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY PUBLIC LAW 109-8. (a) Title 11 of the United States Code.--Title 11 of the United States Code is amended-- (1) in section 101-- (A) in paragraph (13A)-- (i) in subparagraph (A) by inserting ``if used as the principal residence by the debtor'' after ``structure'' the 1st place it appears, and (ii) in subparagraph (B) by inserting ``if used as the principal residence by the debtor'' before the period at the end, (B) in paragraph (35) by striking ``(23) and (35)'' and inserting ``(21B) and (33)(A)'', (C) in paragraph (40B) by striking ``written document relating to a patient or a'' and inserting ``record relating to a patient, including a written document or a'', (D) in paragraph (42) by striking ``303, and 304'' and inserting ``303 and 1504'', (E) in paragraph (51B) by inserting ``thereto'' before the period at the end, and (F) in paragraph (51D) by inserting ``of the filing'' after ``date'' the 1st place it appears, (2) in section 103(a) by striking ``362(n)'' and inserting ``362(o)'', (3) in section 105(d)(2) by inserting ``may'' after ``Procedure,'', (4) in section 106(a)(1) by striking ``728,'', (5) in section 107(a) by striking ``subsection (b) of this section'' and inserting ``subsections (b) and (c)'', (6) in section 109-- (A) in subsection (b)(3)(B) by striking ``1978'' and inserting ``1978)'', and (B) in subsection (h)(1)-- (i) by inserting ``other than paragraph (4) of this subsection'' after ``this section'', and (ii) by striking ``preceding'' and inserting ``ending on'', (7) in section 110-- (A) in subsection (b)(2)(A) by inserting ``or on behalf of'' after ``from'', and (B) in subsection (h)-- (i) in the last sentence of paragraph (1)-- (I) by striking ``a'' and inserting ``the'', and (II) by inserting ``or on behalf of'' after ``from'', (ii) in paragraph (3)(A)-- (I) by striking ``found to be in excess of the value of any services'', and (II) in clause (i) by inserting ``found to be in excess of the value of any services'' after ``(i)'', and (iii) in paragraph (4) by striking ``paragraph (2)'' and inserting ``paragraph (3)'', (8) in section 111(d)(1)(E)-- (A) by striking the period at the end and insert ``; and'', and (B) by indenting the left margin of such subparagraph 2 additional ems to the right, (9) in section 303 by redesignating subsection (l) as subsection (k), (10) in section 308(b)-- (A) by striking ``small business debtor'' and inserting ``debtor in a small business case'', and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) by striking ``(A)'', and (II) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, (ii) in subparagraph (B)-- (I) by striking ``(B)'' and inserting ``(5)'', (II) by striking ``subparagraph (A)(i)'' and inserting ``paragraph (4)(A)'', and (III) by striking ``subparagraph (A)(ii)'' and inserting ``paragraph (4)(B)'', (iii) by redesignating subparagraph (C) as paragraph (6), and (11) in section 348-- (A) in subsection (b)-- (i) by striking ``728(a), 728(b),'', and (ii) by striking ``1146(a), 1146(b),'', and (B) in subsection (f)(1)(C)(i) by inserting ``of the filing'' after ``date'', (12) in section 362-- (A) in subsection (a)(8)-- (i) by striking ``corporate debtor's'', and (ii) by inserting ``of a debtor that is a corporation'' after ``liability'' the 1st place it appears, (B) in subsection (c)-- (i) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``a'' after ``against'', and (ii) in paragraph (4)(A)(i) by inserting ``under a chapter other than chapter 7 after dismissal'' after ``refiled'', (C) in subsection (d)(4) by striking ``hinder, and'' and inserting ``hinder, or'', and (D) in subsection (l)(2) by striking ``nonbankrupcty'' and inserting ``nonbankruptcy'', (13) in section 363(d)-- (A) in the matter preceding paragraph (1) by striking ``only'', (B) by amending paragraph (1) to read as follows: ``(1) in the case of a debtor that is a corporation or trust that is not a moneyed business, commercial corporation, or trust, only in accordance with nonbankruptcy law applicable to the transfer of property by a debtor that is such a corporation or trust; and'', and (C) in paragraph (2) by inserting ``only'' after ``(2)'', (14) in section 505(a)(2)(C) by striking ``any law (other than a bankruptcy law)'' and inserting ``applicable nonbankruptcy law'', (15) in section 507(a)(8)(A)(ii) by striking the period at the end and inserting ``; or'', (16) in section 521(a)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``the debtor shall'', and (II) by adding ``and'' at the end, (ii) in subparagraph (B)-- (I) by striking ``the debtor shall'', and (II) by striking ``and'' at the end, and (iii) in subparagraph (C) by striking ``(C)'' and inserting the following: ``except that'', and (B) in paragraphs (3) and (4) by inserting ``is'' after ``auditor'', (17) in section 522-- (A) in subsection (b)(3)(A)-- (i) by striking ``at'' the 1st place it appears and inserting ``to'', and (ii) by striking ``at'' the 2d place it appears and inserting ``in'', and (B) in subsection (c)(1) by striking ``section 523(a)(5)'' and inserting ``such paragraph'', (18) in section 523(a)-- (A) in paragraph (2)(C)(ii)(II) by striking the period at the end and inserting a semicolon, and (B) in paragraph (3) by striking ``521(1)'' and inserting ``521(a)(1)'', (19) in section 524(k)-- (A) in the last undesignated paragraph of the quoted matter in paragraph (3)(J)(i)-- (i) by striking ``security property'' the 1st place it appears and inserting ``property securing the lien'', (ii) by striking ``current value of the security property'' and inserting ``amount of the allowed secured claim'', and (iii) in the last sentence by inserting ``must'' after ``you'', and (B) in paragraph (5)(B) by striking ``that'' and inserting ``that,'', (20) in section 526(a)-- (A) in paragraph (2) by striking ``untrue and'' and inserting ``untrue or'', and (B) in paragraph (4) by inserting ``a'' after ``preparer'', (21) in the 3d sentence of the 4th undesignated paragraph of the quoted matter in section 527(b), by striking ``Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention'' and inserting ``Schedules, and Statement of Financial Affairs, and in some cases a Statement of Intention,'', (22) in section 541(b)(6)(B) by striking ``section 529(b)(7)'' and inserting ``section 529(b)(6)'', (23) in section 554(c) by striking ``521(1)'' and inserting ``521(a)(1)'', (24) in section 704(a)(3) by striking ``521(2)(B)'' and inserting ``521(a)(2)(B)'', (25) in section 707-- (A) in subsection (a)(3) by striking ``521'' and inserting ``521(a)'', and (B) in subsection (b)-- (i) in paragraph (2)(A)(iii)(I) by inserting ``of the filing'' after ``date'', and (ii) in paragraph (3) by striking ``subparagraph (A)(i) of such paragraph'' and inserting ``paragraph (2)(A)(i)'', (26) in section 723(c) by striking ``Notwithstanding section 728(c) of this title, the'' and inserting ``The'', (27) in section 724(b)(2)-- (A) by striking ``507(a)(1)'' and inserting ``507(a)(1)(C) or 507(a)(2)'', (B) by inserting ``under each such section'' after ``expenses'' the 1st place it appears, (C) by striking ``chapter 7 of this title'' and inserting ``this chapter'', and (D) by striking ``507(a)(2),'' and inserting ``507(a)(1)(A), 507(a)(1)(B),'', (28) in section 726(b) by striking ``or (8)'' and inserting ``(8), (9), or (10)'', (29) in section 901(a)-- (A) by inserting ``333,'' after ``301,'', and (B) by inserting ``351,'' after ``350(b)'', (30) in section 1104-- (A) in subsection (a) (i) in paragraph (1) by inserting ``or'' at the end, (ii) in paragraph (2) by striking ``; or'' and inserting a period, and (iii) by striking paragraph (3), and (B) in subsection (b)(2)(B)(ii) by striking ``subsection (d)'' and inserting ``subsection (a)'', (31) in section 1106(a)-- (A) in paragraph (1) by striking ``704'' and inserting ``704(a)'', and (B) in paragraph (2) by striking ``521(1)'' and inserting ``521(a)(1)'', (32) in section 1111(a) by striking ``521(1)'' and inserting ``521(a)(1)'', (33) amending section 1112-- (A) in subsection (b)-- (i) by amending paragraph (1) to read as follows: ``(1) Except as provided in paragraph (2) and subsection (c), on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests of creditors and the estate.'', and (ii) in paragraph (2)-- (I) by striking the matter preceding subparagraph (A) and inserting the following: ``(2) The court may not convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter if the court finds and specifically identifies unusual circumstances establishing that converting or dismissing the case is not in the best interests of creditors and the estate, and the debtor or any other party in interest establishes that--'', and (II) in subparagraph (B) by striking ``granting such relief'' and inserting ``converting or dismissing the case'', and (B) in subsection (e) by striking ``521'' and inserting ``521(a)'', (34) in section 1127(f)(1) by striking ``subsection (a)'' and inserting ``subsection (e)'', (35) in section 1129(a)(16) by striking ``of the plan'' and inserting ``under the plan'', (36) in section 1141(d)(5)-- (A) in subparagraph (B)-- (i) in clause (i) by striking ``and'' at the end; and (ii) by adding at the end the following: ``(iii) subparagraph (C) permits the court to grant a discharge; and'', and (B) in subparagraph (C) -- (i) by striking ``unless'' and inserting ``the court may grant a discharge if,'', (ii) in clause (ii) by striking the period at the end and inserting a semicolon, and (iii) by adding at the end the following: ``and if the requirements of subparagraph (A) or (B) are met.'', (37) in section 1145(b) by striking ``2(11)'' each place it appears and inserting ``2(a)(11)'', (38) in section 1202(b)-- (A) in paragraph (1) by striking ``704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)'' and inserting ``704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)'', and (B) in paragraph (5) by striking ``704(8)'' and inserting ``704(a)(8)'', (39) in section 1302(b)(1) by striking ``704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9)'' and inserting ``704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)'', (40) in section 1304(c) by striking ``704(8)'' and inserting ``704(a)(8)'', (41) in section 1307-- (A) in subsection (c)-- (i) by striking ``subsection (e)'' and inserting ``subsection (f)'', (ii) in paragraph (9) by striking ``521'' and inserting ``521(a)'', and (iii) in paragraph (10) by striking ``521'' and inserting ``521(a)', and (B) in subsection (d) by striking ``subsection (e)'' and inserting ``subsection (f)'', (42) in section 1308(b)(2)-- (A) in subparagraph (A) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)'', (B) in subparagraph (B) by striking ``paragraph (2)'' and inserting ``paragraph (1)(B)'', and (C) by striking ``this subsection'' each place it appears and inserting ``paragraph (1)'', (43) in section 1322(a)-- (A) by striking ``shall'' the 1st place it appears, (B) in paragraph (1) by inserting ``shall'' after ``(1)'', (C) in paragraph (2) by inserting ``shall'' after ``(2)'', (D) in paragraph (3) by inserting ``shall'' after ``claims,'', and (E) in paragraph (4) by striking ``a plan'', (44) in section 1325-- (A) in the last sentence of subsection (a) by inserting ``period'' after ``910-day'', and (B) in subsection (b)(2)(A)(ii) by striking ``548(d)(3)'' and inserting ``548(d)(3))'', (45) in the heading of section 1511 by inserting ``, 302,'' after ``301'', (46) in section 1519(f) by striking ``362(n)'' and inserting ``362(o)'', (47) in section 1521(f) by striking ``362(n)'' and inserting ``362(o)'', (48) in section 1529(1) by inserting ``is'' after ``States'', (49) in the table of sections of chapter 3, by striking the item relating to section 333 and inserting the following: ``333. Appointment of patient care ombudsman.'', and (50) in the table of sections of chapter 5, by striking the item relating to section 562 and inserting the following: ``562. Timing of damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, and master netting agreements.''. (b) Title 18 of the United States Code.--Section 157 of title 18, United States Code is amended-- (1) in paragraph (1) by striking ``bankruptcy'', and (2) in paragraphs (2) and (3) by striking ``, including a fraudulent involuntary bankruptcy petition under section 303 of such title''. (c) Title 28 of the United States Code.-- (1) Amendment relating to appeals.--Section 158(d)(2)(D) of title 28 of the United States Code is amended by striking ``appeal in'' and inserting ``appeal is''. (2) Amendment relating to bankruptcy statistics.--Section 159(c)(3)(H) of title 28 of the United States Code is amended by inserting ``the'' after ``against''. (3) Technical amendments.--Section 586(a) of title 28 of the United States Code is amended-- (A) in paragraph (3)(A)(ii) is amended by striking the period at the end and inserting a semicolon, (B) in paragraph (7)(C) by striking ``identify'' and inserting ``determine'', and (C) in paragraph (8) by striking ``the United States trustee shall''. SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW 109-8. Section 1406(b)(1) of Public Law 109-8 is amended by striking ``cept'' and inserting ``Except''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Bankruptcy Technical Corrections Act of 2010 - Makes technical corrections to federal bankruptcy law, relating to amendments made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, with respect to: (1) the power of the court; (2) waiver of sovereign immunity; (3) public access to papers; (4) who may be a debtor; (5) penalties for fraudulent or negligent preparation of bankruptcy petitions; (6) debtor reporting requirements; (7) automatic stay; (8) case administration; (9) determination of tax liability; (10) priorities of creditors and claims; (11) debtor's duties; (12) exceptions to a discharge; (13) restrictions on debt relief agencies; (14) property of the estate; (15) abandonment of property of the estate; (16) treatment of certain liens; and (17) conversion or dismissal. Makes technical corrections to the federal criminal code relating to bankruptcy fraud. Makes technical corrections to the federal judicial code relating to appeals and to bankruptcy statistics.
{"src": "billsum_train", "title": "To amend title 11 of the United States Code to make technical corrections; and for related purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Energy Security Act''. SEC. 2. FINDINGS. Congress finds that-- (1) United States overdependence on oil imports from hostile or unstable regions damages United States national security, endangers the economy of the United States, puts the lives of military and civilian personnel at risk, and ensures that access to oil imports comes at tremendous taxpayer expense; (2) the United States imports more than half of the oil it consumes, much of it from countries that do not have the level of environmental standards of Canada and the United States and that are hostile to United States interests or that have political and economic instability that compromises supply security; (3) while a significant portion of the United States' oil imports are derived from allies such as Canada and Mexico, the United States remains vulnerable to substantial supply disruptions created by geopolitical tumult in major oil- producing nations; (4) strong increases in oil consumption in the developing world outpace growth in oil supplies, bringing tight market conditions and higher oil prices in periods of global economic expansion or when supplies are threatened; (5) the development and delivery of oil from Canada to the United States is in the national interest of the United States by helping to secure reliable oil supplies to meet demand that is otherwise projected to be met by increases in imports from less secure and reliable suppliers; (6) secure and reliable trade with Canada complements United States domestic energy priorities; (7) continued development of North American energy resources, including Canadian oil, increases the access of domestic refiners to stable and reliable sources of crude oil and improves the certainty of fuel supply for the Department of Defense, the largest consumer of petroleum in the United States; (8)(A) Canada and the United States have the largest 2-way trading relationship in the world; (B) for every United States dollar spent on products from Canada, including oil, 90 cents is returned to the United States economy; and (C) when the same metrics are applied to trading relationships with some other major sources of United States crude oil imports, returns are much lower; (9)(A) the principal choice for Canadian oil exporters is between moving increasing crude oil volumes to the United States or Asia, particularly China; and (B) increased Canadian oil exports to China would result in increased crude oil imports to the United States from less secure and reliable foreign sources, many of which do not have the level of environmental standards of Canada and the United States; (10) increased Canadian crude oil imports into the United States correspondingly reduces the scale of wealth transfers to other more distant foreign sources resulting from the greater cost of transporting crude oil from those sources; (11) not only are United States companies major investors in Canadian oil sands, but many United States businesses throughout the United States benefit from supplying goods and services required for ongoing Canadian oil sands operations and expansion; (12) there has been more than 3 years of consideration and a coordinated review by more than a dozen Federal agencies of the technical aspects and of the environmental, social, and economic impacts of the proposed pipeline project known as the Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, and then on to the United States Gulf Coast through Cushing, Oklahoma; (13) the Keystone XL pipeline represents a high capacity pipeline supply option that could meet near, as well as long- term, market demand for crude oil to United States refineries, and could also potentially bring over 100,000 barrels per day of United States Bakken crude oil to market; (14) completion of the Keystone XL pipeline would increase total Keystone pipeline system capacity by 700,000 barrels per day to 1,290,000 barrels per day; (15) the Keystone XL pipeline would directly create 20,000 jobs and many more long-term jobs and related labor income benefits through the supply chain; (16) the earliest possible construction of the Keystone XL pipeline will increase the quantity of proven and potential reserves of Canadian oil available for United States use and increase United States jobs and will, as a result, serve the national interest; (17) the Keystone XL pipeline would be state-of-the-art and be constructed to meet the highest safety standards; and (18) as a result of the extensive governmental studies already made with respect to the Keystone XL project and the national interest in early delivery of Canadian oil to United States markets, a decision with respect to a Presidential permit for the Keystone XL pipeline should be promptly issued without further administrative delay or impediment. SEC. 3. PERMIT FOR KEYSTONE XL PIPELINE. (a) In General.--Except as provided in subsection (b), not later than 60 days after the date of enactment of this Act, the President, acting through the Secretary of State, shall grant a permit under Executive Order 13337 (3 U.S.C. 301 note; relating to issuance of permits with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States) for the Keystone XL pipeline project application filed on September 19, 2008 (including amendments). (b) Exception.-- (1) In general.--The President shall not be required to grant the permit under subsection (a) if the President determines that the Keystone XL pipeline would not serve the national interest. (2) Report.--If the President determines that the Keystone XL pipeline is not in the national interest under paragraph (1), the President shall, not later than 15 days after the date of the determination, submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives a report that provides a justification for determination, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors. (3) Effect of no finding or action.--If a determination is not made under paragraph (1) and no action is taken by the President under subsection (a) not later than 60 days after the date of enactment of this Act, the permit for the Keystone XL pipeline described in subsection (a) that meets the requirements of subsections (c) and (d) shall be in effect by operation of law. (c) Requirements.--The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall obtain all requisite permits from Canadian authorities and relevant Federal, State, and local governmental agencies. (3) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (4) For the purpose of the permit issued under subsection (a) (regardless of any modifications under subsection (d))-- (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B) any modification required by the Secretary of State to the Plan described in paragraph (5)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (5) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (a) and-- (A) in accordance with the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C) if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (6) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit issued under subsection (a). (d) Modification.--The permit issued under subsection (a) shall require-- (1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(5)(A); and (3) the President-- (A) to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e) Effect of No Approval.--If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit described in subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law.
North American Energy Security Act - Directs the President, acting through the Secretary of State, to grant a permit under Executive Order 13337 (relating to issuance of permits for certain energy-related facilities and land transportation crossings on the international boundaries of the United States) for the Keystone XL pipeline project application filed on September 19, 2008. Declares that the President shall not be required to grant such permit upon a determination that the Keystone XL pipeline would not serve the national interest. Requires the President, within 15 days after making such a determination, to report to certain congressional committees as well as to the majority and minority leadership of the Senate and the House a justification for it, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors. States that if the President does not make a determination that the Keystone XL pipeline would not serve the national interest, and take action within 60 days after enactment of this Act, the permit for the Keystone XL pipeline shall be in effect by operation of law. Sets forth permit requirements, including: (1) the reconsideration of routing of the Keystone XL pipeline within Nebraska, and (2) a review period during which routing within Nebraska may be reconsidered and the route of the pipeline through the state altered. Declares that, if the President does not approve the route within Nebraska submitted by the governor of Nebraska within 10 days after submission, the route submitted by the governor shall be considered approved by operation of law.
{"src": "billsum_train", "title": "A bill to require the Secretary of State to act on a permit for the Keystone XL pipeline."}
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SECTION 1. SALE OR EXCHANGE OF LAND, OZARK-ST. FRANCIS AND OUACHITA NATIONAL FORESTS. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) In the Ouachita National Forest-- (A) tract 1, ``Work Center and two Residences'' (approximately 12.4 acres), as identified on the map entitled ``Ouachita National Forest, Waldron, Arkansas, Work Center and Residences'' and dated July 26, 2000; (B) tract 2, ``Work Center'' (approximately 10 acres), as identified on the map entitled ``Ouachita National Forest, Booneville, Arkansas, Work Center'' and dated July 26, 2000; (C) tract 3, ``Residence'' (approximately \1/2\ acre), as identified on the map entitled ``Ouachita National Forest, Glenwood, Arkansas, Residence'' and dated July 26, 2000; (D) tract 4, ``Work Center'' (approximately 10.12 acres), as identified on the map entitled ``Ouachita National Forest, Thornburg, Arkansas, Work Center'' and dated July 26, 2000; (E) tract 5, ``Office Building'' (approximately 1.5 acres), as identified on the map entitled ``Ouachita National Forest, Perryville, Arkansas, Office Building'' and dated July 26, 2000; (F) tract 6, ``Several Buildings, Including Office Space and Equipment Depot'' (approximately 3 acres), as identified on the map entitled ``Ouachita National Forest, Hot Springs, Arkansas, Buildings'' and dated July 26, 2000; (G) tract 7, ``Isolated Forestland'' (approximately 120 acres), as identified on the map entitled ``Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland'' and dated July 26, 2000; (H) tract 8, ``Isolated Forestland'' (approximately 40 acres), as identified on the map entitled ``Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland'' and dated July 26, 2000; (I) tract 9, ``Three Residences'' (approximately 9.89 acres), as identified on the map entitled ``Ouachita National Forest, Heavener, Oklahoma, Three Residences'' and dated July 26, 2000; (J) tract 10, ``Work Center'' (approximately 38.91 acres), as identified on the map entitled ``Ouachita National Forest, Heavener, Oklahoma, Work Center'' and dated July 26, 2000; (K) tract 11, ``Residence #1'' (approximately 0.45 acres), as identified on the map entitled ``Ouachita National Forest, Talihina, Oklahoma, Residence #1'' and dated July 26, 2000; (L) tract 12, ``Residence #2'' (approximately 0.21 acres), as identified on the map entitled ``Ouachita National Forest, Talihina, Oklahoma, Residence #2'' and dated July 26, 2000; (M) tract 13, ``Work Center'' (approximately 5 acres), as identified on the map entitled ``Ouachita National Forest, Big Cedar, Oklahoma, Work Center'' and dated July 26, 2000; (N) tract 14, ``Residence'' (approximately 0.5 acres), as identified on the map entitled ``Ouachita National Forest, Idabel, Oklahoma, Residence'' and dated July 26, 2000; (O) tract 15, ``Residence and Work Center'' (approximately 40 acres), as identified on the map entitled ``Ouachita National Forest, Idabel, Oklahoma, Residence and Work Center'' and dated July 26, 2000; and (P) tract 16, ``Isolated Forestland'' at sec. 30, T. 2 S., R. 25 W. (approximately 2.08 acres), as identified on the map entitled ``Ouachita National Forest, Mt. Ida, Arkansas, Isolated Forestland'' and dated August 27, 2001. (2) In the Ozark-St. Francis National Forest-- (A) tract 1, ``Tract 750, District 1, Two Residences, Administrative Office'' (approximately 8.96 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Mountain View, Arkansas, Tract 750, District 1, Two Residences, Administrative Office'' and dated July 26, 2000; (B) tract 2, ``Tract 2736, District 5, Mountainburg Work Center'' (approximately 1.61 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Mountainburg, Arkansas, Tract 2736, District 5, Mountainburg Work Center'' and dated July 26, 2000; (C) tract 3, ``Tract 2686, District 6, House'' (approximately 0.31 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2686, District 6 House'' and dated July 26, 2000; (D) tract 4, ``Tract 2807, District 6, House'' (approximately 0.25 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2807, District 6, House'' and dated July 26, 2000; (E) tract 5, ``Tract 2556, District 3, Dover Work Center'' (approximately 2.0 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Dover, Arkansas, Tract 2556, District 3, Dover Work Center'' and dated July 26, 2000; (F) tract 6, ``Tract 2735, District 2, House'' (approximately 0.514 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2735, District 2, House'' and dated July 26, 2000; and (G) tract 7, ``Tract 2574, District 2, House'' (approximately 0.75 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2574, District 2, House'' and dated July 26, 2000. (b) Applicable Authorities.--Except as otherwise provided in this Act, any sale or exchange of land described in subsection (a) shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land for National Forest System purposes. (c) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the land described in subsection (a) from any exchange under subsection (a). (d) Solicitations of Offers.-- (1) In general.--In carrying out this Act, the Secretary may use solicitations of offers for sale or exchange under this Act on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer under this Act if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 2. DISPOSITION OF FUNDS. Any funds received by the Secretary through sale or by cash equalization from an exchange-- (1) shall be deposited into the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (2) shall be available for expenditure, without further Act of appropriation, for the acquisition, construction, or improvement of administrative facilities, land, or interests in land for the national forests in the States of Arkansas and Oklahoma. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Authorizes the Secretary of Agriculture to sell or exchange certain administrative sites and land in the Ouachita National Forest, Arkansas and Oklahoma, and the Ozark-St. Francis National Forest, Arkansas. States that any resultant funds shall be available for acquisition, improvement, or construction of administrative facilities, land, or interests in land for the national forests in Arkansas or Oklahoma.
{"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative sites and other land in the Ozark-St. Francis and Ouachita National Forests and to use funds derived from the sale or exchange to acquire, construct, or improve administrative sites, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School Food Modernization Act''. SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. The Richard B. Russell National School Lunch Act is amended by inserting after section 26 (42 U.S.C. 1769g) the following: ``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. ``(a) Definitions.--In this section: ``(1) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency or a school food authority administering or operating a school lunch program; ``(B) a tribal organization; or ``(C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. ``(3) Infrastructure.--The term `infrastructure' means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. ``(4) Local educational agency.--The term `local educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(5) School food authority.--The term `school food authority' has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or a successor regulation). ``(6) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(b) Loan Guarantees for Assistance to Schools for Infrastructure Improvements and Durable Equipment Necessary To Provide Healthy Meals Through School Lunch Programs.-- ``(1) Authority to guarantee loans.--The Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school lunch program. ``(2) Competitive basis.--Subject to paragraph (3), the Secretary shall select eligible entities to receive a loan guarantee under this subsection on a competitive basis. ``(3) Preferences.--In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate-- ``(A) need for infrastructure improvement; or ``(B) durable equipment need or impairment. ``(4) Oversight.--The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this subsection. ``(5) Guarantee amount.--A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. ``(6) Fees.--The Secretary shall establish fees with respect to loan guarantees under this subsection that, as determined by the Secretary-- ``(A) are sufficient to cover all the administrative costs to the Federal Government for the operation of the program; ``(B) may be in the form of an application or transaction fee, or interest rate adjustment; and ``(C) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration-- ``(i) the price of Treasury obligations of a similar maturity; ``(ii) prevailing market conditions; ``(iii) the ability of the eligible infrastructure project to support the loan guarantee; and ``(iv) the total amount of the loan guarantee. ``(7) Funding.-- ``(A) In general.--To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. ``(c) Equipment Grants.-- ``(1) Authority to make grants.--Beginning in fiscal year 2015 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist the eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. ``(2) Priority.--In awarding grants under this subsection, the Secretary shall give priority to-- ``(A) eligible entities in States that have enacted comparable statutory grant funding mechanisms or that have otherwise appropriated funds to assist eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety, as determined by the Secretary; and ``(B) eligible entities that have identified and are reasonably expected to meet an unmet local or community need, including through-- ``(i) a public-private partnership or partnership with a food pantry or other low- income assistance agency; or ``(ii) the provision for or allowance of kitchen or cafeteria usage by related or outside community organizations. ``(3) Federal share.-- ``(A) In general.--The Federal share of costs for assistance funded through a grant awarded under this subsection shall not exceed 80 percent of the total cost of the durable equipment or infrastructure. ``(B) Matching.--As a condition on receiving a grant under this subsection, an eligible entity shall provide matching support in the form of cash or in-kind contributions. ``(C) Waiver.--The Secretary may waive or vary the requirements of subparagraphs (A) and (B) if the Secretary determines that undue hardship or effective exclusion from participation in the grant program under this subsection would otherwise result. ``(4) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2015 and each subsequent fiscal year. ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. The Richard B. Russell National School Lunch Act is amended by inserting after section 21 (42 U.S.C. 1769b-1) the following: ``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. ``(a) In General.--The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet updated nutrition standards under section 4(b)(3) for the school lunch program. ``(b) Criteria for Eligible Third-Party Institutions.--The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include-- ``(1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; ``(2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; ``(3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and ``(4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites. ``(c) Program Assistance.--The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. ``(d) Federal Share.-- ``(1) In general.--The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. ``(2) Matching.--As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. ``(e) Oversight.--The Secretary shall establish procedures to enable the Secretary-- ``(1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and ``(2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2015 and each subsequent fiscal year. ``(2) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 4. REPORT TO CONGRESS. Not later than 1 year after funds are made available to carry out the amendments made by this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing the amendments made by this Act.
School Food Modernization Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs) or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school lunch program. Requires the Secretary to give a preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 80% of a loan's principal. Requires the Secretary to establish fees for the loan guarantee program that: (1) are sufficient to cover the federal government's administrative costs in operating the program, and (2) may be based on the risk premium associated with the particular loan or loan guarantee. Directs the Secretary to award competitive matching grants to assist LEAs or school food authorities administering or operating a school lunch program, tribal organizations, or consortia of such entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. Requires the Secretary to give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. Prohibits such a grant from covering more than 80% of the total cost of the durable equipment and infrastructure. Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards. Prohibits such a grant from covering more than 80% of the total cost of the training and technical assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Congressional Revolving Door Act''. SEC. 2. PROHIBITION RELATING TO CERTAIN FEDERAL BENEFITS FOR A FORMER MEMBER OF CONGRESS OR FORMER SENIOR CONGRESSIONAL EMPLOYEE WHO RECEIVES COMPENSATION AS A LOBBYIST. (a) In General.--A covered individual who is a registered lobbyist shall not be eligible for any covered benefits for any month-- (1) which begins after the date of the enactment of this Act; and (2) in or for which such covered individual is-- (A) employed as a lobbyist; and (B) entitled to compensation as a lobbyist. (b) Covered Individual.--For purposes of this section, the term ``covered individual'' means an individual who becomes a former Member of Congress or a former senior Congressional employee after the date of the enactment of this Act. (c) Covered Benefits.--For purposes of this section, the term ``covered benefits'', as used with respect to a covered individual, means any payment or other benefit which is payable, by virtue of service performed by such covered individual, under any of the following: (1) The Civil Service Retirement System, including the Thrift Savings Plan. (2) The Federal Employees' Retirement System, including the Thrift Savings Plan. (3) The Federal Employees' Health Benefits Program, including enhanced dental benefits and enhanced vision benefits under chapters 89A and 89B, respectively, of title 5, United States Code. (4) The Federal Employees' Group Life Insurance Program. (d) Definitions.--For purposes of this section-- (1) the term ``Member of Congress'' means a Senator, Member of the House of Representatives, or Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (2) the term ``senior Congressional employee'' means-- (A) each officer or employee of the legislative branch (except any officer or employee of the Government Accountability Office) who, for at least 60 days, occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (B) each officer or employee of the Government Accountability Office who, for at least 60 consecutive days, occupies a position for which the rate of basic pay, minus the amount of locality pay that would have been authorized under section 5304 of title 5, United States Code (had the officer or employee been paid under the General Schedule) for the locality within which the position of such officer or employee is located (as determined by the Comptroller General), is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and (C) at least one principal assistant designated for purposes of this paragraph by each Member who does not have an employee who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (3) the term ``registered lobbyist'' means-- (A) a lobbyist registered or required to register, or on whose behalf a registration is filed or required to be filed, under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (B) an individual registered or required to register as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); and (4) the term ``lobbyist'' has the meaning given such term by section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). (e) Rule of Construction.--Nothing in this section shall be considered to prevent the payment of-- (1) any lump-sum credit, as defined by section 8331(8) or 8401(19) of title 5, United States Code, to which an individual is entitled; or (2) any amount in the account of an individual in the Thrift Savings Fund which, as of the date on which paragraphs (1) and (2) of subsection (a) are first met with respect to such individual, is nonforfeitable. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed-- (1) except as provided in paragraph (2), by the Director of the Office of Personnel Management; and (2) to the extent that this Act relates to the Thrift Savings Plan, by the Executive Director (as defined by section 8401(13) of title 5, United States Code).
End the Congressional Revolving Door Act This bill prohibits a former Member of Congress or former senior congressional employee who is a registered lobbyist, and entitled to compensation as such, from being eligible for any benefits beginning after enactment of this bill under: the Civil Service Retirement System (CSRS), including the Thrift Savings Plan (TSP); the Federal Employees Retirement System (FERS), including the TSP; the Federal Employees Health Benefits Program, including federal enhanced dental and vision benefits; or the Federal Employees' Group Life Insurance Program. This bill does not prevent the payment of any CSRS or FERS lump-sum credit to which an individual is entitled or any nonforfeitable amount in an individual's TSP account.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Secret Protection Act of 2009''. SEC. 2. STATE SECRET PRIVILEGE. In any civil action brought in Federal or State court, the Government has a privilege to refuse to give information and to prevent any person from giving information only if the Government shows that public disclosure of the information that the Government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. SEC. 3. PROTECTION OF SECRETS. (a) In General.--The court shall take steps to protect sensitive information that comes before the court in connection with proceedings under this Act. These steps may include reviewing evidence or pleadings and hearing arguments ex parte, issuing protective orders, requiring security clearance for parties or counsel, placing material under seal, and applying security procedures established under the Classified Information Procedures Act for classified information to protect the sensitive information. (b) In Camera Proceedings.--All hearings and other proceedings under this Act may be conducted in camera, as needed to protect information that may be subject to the privilege. (c) Participation of Counsel.--Participation of counsel in proceedings under this Act shall not be limited unless the court determines that the limitation is a necessary step to protect information the Government asserts is protected by the privilege or that supports the claim of privilege and that no less restrictive means of protection suffice. The court shall give a written explanation of its decision to the parties and their counsel, which may be placed under seal. (d) Production of Adequate Substitute Pending Resolution of the Claim of Privilege.--If at any point during its consideration of the Government's claim, the court determines that disclosure of information to a party or counsel, or disclosure of information by a party that already possesses it, presents a risk of a harm described in section 2 that cannot be addressed through less restrictive means provided in this section, the court may require the Government to produce an adequate substitute, such as a redacted version, summary of the information, or stipulation regarding the relevant facts, if the court deems such a substitute feasible. The substitute must be reviewed and approved by the court and must provide counsel with a substantially equivalent opportunity to assess and challenge the Government's claim of privilege as would the protected information. SEC. 4. ASSERTION OF THE PRIVILEGE. (a) In General.--The Government may assert the privilege in connection with any claim in a civil action to which it is a party or may intervene in a civil action to which it is not a party to do so. (b) Supporting Affidavits.--If the Government asserts the privilege, the Government shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the information asserted to be subject to the privilege. In the affidavit, the head of the agency shall explain the factual basis for the claim of privilege. The Government shall make public an unclassified version of the affidavit. SEC. 5. PRELIMINARY PROCEEDINGS. (a) Preliminary Review by Court.--Once the Government has asserted the privilege, and before the Court makes any determinations under section 6, the court shall undertake a preliminary review of the information the Government asserts is protected by the privilege and provide the Government an opportunity to seek protective measures under this Act. After any initial protective measures are in place, the Court shall proceed to the consideration of additional preliminary matters under this section. (b) Consideration of Whether To Appoint Special Master or Expert Witness.--The court shall consider whether the appointment of a special master with appropriate expertise or an expert witness, or both, would facilitate the court's duties under this Act. (c) Index of Materials.--The court may order the Government to provide a manageable index of the information that the Government asserts is subject to the privilege. The index must correlate statements made in the affidavit required under this Act with portions of the information the Government asserts is subject to the privilege. The index shall be specific enough to afford the court an adequate foundation to review the basis of the assertion of the privilege by the Government. (d) Prehearing Conferences.--After the preliminary review the court shall hold one or more conferences with the parties to-- (1) determine any steps needed to protect sensitive information; (2) define the issues presented by the Government's claim of privilege, including whether it is possible to allow the parties to complete nonprivileged discovery before determining whether the claim of privilege is valid; (3) order disclosure to the court of anything needed to assess the claim, including all information the Government asserts is protected by the privilege and other material related to the Government's claim; (4) resolve any disputes regarding participation of counsel or parties in proceedings relating to the claim, including access to the Government's evidence and arguments; (5) set a schedule for completion of discovery related to the Government's claim; and (6) take other steps as needed, such as ordering counsel or parties to obtain security clearances. (e) Security Clearances.--If the court orders a party or counsel to obtain a security clearance, the Government shall promptly conduct the necessary review and determine whether or not to provide the clearance. If the necessary clearance is not promptly provided to counsel for a party, the party may propose that alternate or additional counsel be cleared. If within a reasonable time, alternative or additional counsel selected by the party cannot be cleared, then the court, in consultation with that party and that party's counsel, shall appoint another attorney, who can obtain the necessary clearance promptly, to represent the party in proceedings under this Act. When a security clearance for counsel sought under this Act is denied, the court may require the Government to present an ex parte explanation of that denial. SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM. (a) Hearing.--The court shall conduct a hearing to determine whether the privilege claim is valid. (b) Basis for Ruling.-- (1) Generally.--The court may not determine that the privilege is valid until the court has reviewed-- (A) except as provided in paragraph (2), all of the information that the Government asserts is privileged; (B) the affidavits, evidence, memoranda and other filings submitted by the parties related to the privilege claim; and (C) any other evidence that the court determines it needs to rule on the privilege. (2) Sampling in certain cases.--Where the volume of information the Government asserts is privileged precludes a timely review, or the court otherwise determines a review of all of that information is not feasible, the court may substitute a sufficient sampling of the information if the court determines that there is no reasonable possibility that review of the additional information would change the court's determination on the privilege claim and the information reviewed is sufficient to enable to court to make the independent assessment required by this section. (c) Standard.--In ruling on the validity of the privilege, the court shall make an independent assessment of whether the harm identified by the Government, as required by section 2, is reasonably likely to occur should the privilege not be upheld. The court shall weigh testimony from Government experts in the same manner as it does, and along with, any other expert testimony. (d) Burden of Proof.--The Government shall have the burden of proof as to the nature of the harm and as to the likelihood of its occurrence. SEC. 7. EFFECT OF COURT DETERMINATION. (a) In General.--If the court determines that the privilege is not validly asserted, the information may be disclosed to a nongovernmental party or admitted at trial, subject to the other rules of evidence. If the court determines that the privilege is validly asserted, that information shall not be disclosed to a nongovernmental party or the public. (b) Nonprivileged Substitute.-- (1) Court consideration of substitute.--If the court finds that the privilege is validly asserted and it is possible to craft a nonprivileged substitute, such as those described in section 3(d), for the privileged information that would provide the parties a substantially equivalent opportunity to litigate the case, the court shall order the Government to produce the substitute to the satisfaction of the court. (2) Refusal to provide.--In a civil action brought against the Government, if the court orders the Government to provide a nonprivileged substitute for information and the Government fails to comply, in addition to any other appropriate sanctions, the court shall find against the Government on the factual or legal issue to which the privileged information is relevant. If the action is not brought against the Government, the court shall weigh the equities and make appropriate orders as provided in subsection (d). (c) Opportunity to Complete Discovery.--The court shall not resolve any issue or claim and shall not grant a motion to dismiss or motion for summary judgment based on the state secrets privilege and adversely to any party against whom the Government's privilege claim has been upheld until that party has had a full opportunity to complete nonprivileged discovery and to litigate the issue or claim to which the privileged information is relevant without regard to that privileged information. (d) Appropriate Orders in the Interest of Justice.--After reviewing all available evidence, and only after determining that privileged information, for which it is impossible to create a nonprivileged substitute, is necessary to decide a factual or legal issue or claim, the court shall weigh the equities and make appropriate orders in the interest of justice, such as striking the testimony of a witness, finding in favor of or against a party on a factual or legal issue to which the information is relevant, or dismissing a claim or counterclaim. SEC. 8. INTERLOCUTORY APPEAL. (a) In General.--The courts of appeal shall have jurisdiction of an appeal by any party from any interlocutory decision or order of a district court of the United States under this Act. (b) Appeal.-- (1) In general.--An appeal taken under this section either before or during trial shall be expedited by the court of appeals. (2) During trial.--If an appeal is taken during trial, the district court shall adjourn the trial until the appeal is resolved and the court of appeals-- (A) shall hear argument on appeal as expeditiously as possible after adjournment of the trial by the district court; (B) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (C) shall render its decision as expeditiously as possible after argument on appeal; and (D) may dispense with the issuance of a written opinion in rendering its decision. SEC. 9. REPORTING. (a) In General.--Consistent with applicable authorities and duties, including those conferred by the Constitution of the United States upon the executive and legislative branches, the Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and Senate on any case in which the Government invokes a state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this Act by the Government. (b) Operation and Effectiveness.-- (1) In general.--The Attorney General shall deliver to the committees of Congress described in subsection (a) a report concerning the operation and effectiveness of this Act and including suggested amendments to the Act. (2) Deadline.--The Attorney General shall submit this report not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that is 3 years after that date of enactment. After the date that is 3 years after that date of enactment, the Attorney General shall submit a report under paragraph (1) as necessary. SEC. 10. RULE OF CONSTRUCTION. This Act provides the only privilege that may be asserted in civil cases based on state secrets and the standards and procedures set forth in this Act apply to any assertion of the privilege. SEC. 11. APPLICATION. This Act applies to claims pending on or after the date of enactment of this Act. A court also may relieve a party or its legal representative from a final judgment, order, or proceeding that was based, in whole or in part, on the state secrets privilege if-- (1) the motion for relief is filed with the rendering court within one year of the date of enactment of this Act; (2) the underlying judgment, order, or proceeding from which the party seeks relief was entered after January 1, 2002; and (3) the claim on which the judgement, order, or proceeding is based is-- (A) against the Government; or (B) arises out of conduct by persons acting in the capacity of a Government officer, employee, or agent.
State Secret Protection Act of 2009 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged information. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of information to a nongovernmental party, or admission at trial under the rules of evidence, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Female Congressional Pioneers Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) The 70 women currently serving in the House of Representatives owe a debt of gratitude to all of their foremothers who broke down barriers both in their election to, and in the important legislative work they accomplished as Members of, the House of Representatives. (2) Four women in particular stand out for their status as the ``first'' women in certain categories. (3) In 1916, Jeannette Rankin broke new ground by becoming the first woman elected to the House of Representatives, representing the State of Montana, first from 1917 to 1919 and later from 1941 to 1943. (4) Jeannette Rankin's first election was all the more remarkable, considering that it came 3 years before women's suffrage was a legally guaranteed right throughout the United States. (5) Jeannette Rankin directly contributed to a woman's right to vote when she introduced a resolution in 1919 to support a women's suffrage amendment to the Constitution of the United States. (6) Jeannette Rankin remained true to her pacifistic ideals both by voting against the declarations of World War I and World War II--and in fact was the only Representative to vote against the declaration of World War II--and by working tirelessly to promote peace during her years outside of Congress. (7) In 1924, Mary Teresa Norton became the first Democratic woman elected to the House of Representatives--and one of a small number of women during that period who were elected in their own right and not to replace their husbands--representing New Jersey's Twelfth Congressional District from 1925 to 1951. (8) Mary Norton served as the chair of the Committee on the District of Columbia from 1931 to 1937, effectively governing the city which at that time had no municipal government of its own. (9) In 1934, Mary Norton became the first woman to chair a major political party in a State as head of the New Jersey State Committee. (10) Mary Norton was instrumental in the drafting and passage in 1938 of a major piece of President Franklin D. Roosevelt's New Deal: the Fair Labor Standards Act, which established a minimum wage, a maximum workweek, overtime pay, and a prohibition on child labor. (11) In 1964, Patsy Takemoto Mink became the first Asian- American woman elected to the House of Representatives, representing Hawaii's Second Congressional District from 1965 to 1977 and again from 1991 until her death in 2002. (12) Patsy Mink secured an assignment to the Committee on Education and Labor, for which her previous expertise and interests made her well-suited, and used her time on that Committee to introduce the first child care bill, as well as bills to provide for bilingual education, student loans, special education, and the Head Start program. (13) Patsy Mink gained passage in 1965 of legislation to support the construction of schools in the Trust Territory of the Pacific Islands. (14) Patsy Mink established the Democratic Women's Caucus in 1995 and served as its first chair. (15) In 1968, Shirley Anita St. Hill Chisholm made history by becoming the first African-American woman elected to the House of Representatives, representing New York's Twelfth Congressional District until her retirement in 1983. (16) Shirley Chisholm was a founding member of the Congressional Black Caucus, a fierce advocate for women's rights and democracy, and a staunch opponent of the Vietnam War. (17) Shirley Chisholm was an outspoken advocate for equal rights, early childhood education, fair labor standards, and the Martin Luther King, Jr. holiday effort. (18) Shirley Chisholm further cemented her place in history when she became the first African-American person to seek a major political party's nomination for President in 1972. (19) There is a real need to honor these women and others like them more often in our Nation's artistic and cultural venues. SEC. 3. SPECIAL POSTAGE STAMP. In order to afford the public a convenient means by which to contribute towards the acquisition (for public display in the United States Capitol and other appropriate locations) of works of art honoring Jeannette Rankin, Mary Teresa Norton, Patsy Mink, Shirley Anita St. Hill Chisholm, and other female pioneers in Government service, the United States Postal Service shall provide for the issuance and sale of a semipostal in accordance with section 416 of title 39, United States Code, subject to the following: (1) Disposition of amounts received.--All amounts becoming available from the sale of the semipostal shall be transferred by the Postal Service to the Capitol Preservation Commission and the House Fine Arts Board (which is hereby authorized to accept any such amounts) under such arrangements as the Postal Service and those entities shall by mutual agreement establish in order to carry out the purposes of this Act. (2) No effect on authority to issue other stamps.--No semipostal issued pursuant to this Act shall be taken into account for purposes of applying any numerical limitation established under section 416(e)(1)(C) of such title 39. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``semipostal'' has the meaning given such term by section 416(a)(1) of title 39, United States Code; (2) any determination of the ``amounts becoming available'' from the sale of the semipostal shall be made in accordance with section 416(d) of such title 39; (3) the term ``Capitol Preservation Commission'' means the United States Capitol Preservation Commission, established by section 801 of Public Law 100-696 (40 U.S.C. 188a); and (4) the term ``House Fine Arts Board'' means the House of Representatives Fine Arts Board, established by section 1001 of Public Law 100-696 (40 U.S.C. 188c).
Honoring Female Congressional Pioneers Act of 2006 - Directs the Postal Service to provide for the issuance and sale of a semipostal in order to afford the public a convenient means to contribute towards the acquisition (for public display) of works of art honoring Jeanette Rankin, Mary Teresa Norton, Patsy Mink, Shirley Anita St. Hill Chisholm, and other female pioneers in government service.
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SECTION 1. TO EXPRESS THE SENSE OF THE SENATE REGARDING MEDICAID RECONCILIATION LEGISLATION TO BE REPORTED BY A CONFERENCE COMMITTEE. (a) Findings.--The Senate makes the following findings: (1) The Medicaid program provides essential health care and long-term care services to more than 50,000,000 low-income children, pregnant women, parents, individuals with disabilities, and senior citizens. It is a Federal guarantee that ensures that the most vulnerable will have access to needed medical services. (2) The Medicaid program provides critical access to long- term care and other services for the elderly and individuals living with disabilities, and is the single largest provider of long-term care services. The Medicaid program also pays for personal care and other supportive services that are typically not provided by private health insurance or under the Medicare program, but are necessary to enable individuals with spinal cord injuries, developmental disabilities, neurological degenerative diseases, serious and persistent mental illnesses, HIV/AIDS, and other chronic conditions to remain in the community, to work, and to maintain independence. (3) The Medicaid program supplements the Medicare program for more than 6,000,000 low-income elderly or disabled Medicare beneficiaries, assisting those beneficiaries with their Medicare premiums and co-insurance, wrap-around benefits, and the costs of nursing home care that the Medicare program does not cover. The Medicaid program spent nearly $40,000,000,000 in 2002 on services not covered under the Medicare program. (4) The Medicaid program provides health insurance for more than \1/4\ of America's children and is the largest purchaser of maternity care, paying for more than \1/3\ of all the births in the United States each year. The Medicaid program also provides vital access to care for children with disabilities, covering more than 70 percent of the poor children with disabilities in the United States. (5) Medicaid's benefits for children are comprehensive, including mandatory coverage for Early and Periodic Screening Diagnosis and Treatment benefits covering all medically necessary care. Medicaid ensures that children have the benefits, health services and health care support they need to be fully immunized and that children can secure eyeglasses, dental care, and hearing aids when necessary, and that children have access to comprehensive, regularly scheduled, and as- needed health examinations, as well as preventive interventions, to correct physical and mental conditions that threaten to delay proper growth and development. (6) More than 16,000,000 American women depend on the Medicaid program for their health care. Women comprise the majority of seniors (71 percent) on Medicaid. Half of nonelderly women with permanent mental or physical disabilities have health care coverage under the Medicaid program. The Medicaid program also provides critical access to treatment for low-income women diagnosed with breast or cervical cancer. (7) The Medicaid program is the Nation's largest source of payment for mental health services, HIV/AIDS care, and care for children with special needs. Much of this care is either not covered by private insurance or is limited in scope or duration. The Medicaid program is also a critical source of funding for health care for children in foster care and for health care services provided in schools. (8) Funds under the Medicaid program help to ensure access to care for all Americans. The Medicaid program is the single largest source of revenue for the Nation's safety net hospitals, health centers, and nursing homes, and is critical to the ability of these providers to adequately serve all Americans. (9) The Medicaid program serves a major role in ensuring that the number of Americans without health insurance, approximately 45,000,000 in 2003, is not substantially higher. The system of Federal matching for State Medicaid expenditures ensures that Federal funds will grow as State spending increases in response to unmet needs, enabling the Medicaid program to help buffer the drop in private coverage during recessions. More than 4,800,000 Americans lost employer- sponsored health care coverage between 2000 and 2003, during which time the Medicaid program enrolled an additional 8,400,000 Americans. (10) Many individuals living below the Federal poverty level are ineligible for Medicaid because of stringent income eligibility rules. For parents, eligibility levels are often very far below the Federal poverty level. On average, a working parent in a family of three would have to make less than $224 per week and a non-working parent in a family of three would have to make less than $150 per week to qualify. Single individuals with disabilities would be ineligible if they have more than $147 per week in income. (11) Eligibility levels for pregnant women and children are generally at or just above the Federal poverty level, but a family with income just over minimum wage can be disqualified for Medicaid. At the minimum eligibility levels for pregnant women, earning as little as $8.80 per hour at a full-time job could disqualify a pregnant woman from Medicaid eligibility. A working parent in a family of three earning less than $8.40 per hour at a full-time job could make their child 6 years-old or older ineligible for Medicaid. (12) Title III of the budget reconciliation bill of the House of Representatives, as reported out by the Committee on Energy and Commerce, would adversely affect these low-income beneficiaries, many of whom are children or have special health care needs, by increasing beneficiary cost-sharing, limiting access to benefits, and restricting eligibility for long-term care services that the Medicaid program covers. These new limits make up \2/3\ of the House of Representative's projected Medicaid spending reductions, accounting for $30,100,000,000 of the total $45,300,000,000 in Medicaid reductions over 10 years. (13) Making beneficiaries pay more for more limited benefits under Medicaid may put a significant financial burden on these very low-income individuals. Research also demonstrates that increasing beneficiary cost-sharing can make prescription drugs and other essential health services unaffordable for beneficiaries, can cause the health of children and adults to deteriorate, and can lead to higher emergency room and hospital costs. (14) By contrast, while S. 1932, as passed by the Senate on November 3, 2005, includes substantial cuts to the Medicaid program, it does not include direct limits on beneficiary access to Medicaid services. Even so, enactment of S. 1932 would result in a net Medicaid cut of $14,200,000,000 over 10 years, less than \1/3\ of the projected Medicaid reductions contained in the House of Representative's budget reconciliation bill. (b) Sense of the Senate.--It is the sense of the Senate that the conferees for any budget reconciliation bill of the 109th Congress shall not report a reconciliation bill that would-- (1) with respect to low-income children, pregnant women, disabled individuals, elderly individuals, individuals with chronic illnesses like HIV/AIDS, cancer, and diabetes, individuals with mental illnesses, and other Medicaid beneficiaries-- (A) impair access to Medicaid services; (B) undermine eligibility for such Medicaid beneficiaries; (C) make Medicaid services unavailable by making them unaffordable to such Medicaid beneficiaries; or (D) cut health care services for such Medicaid beneficiaries; or (2) undermine the Federal guarantee of health insurance coverage that the Medicaid program provides, which would threaten not only the health care safety net of the United States, but the entire health care system of the United States.
Expresses the sense of the Senate that the conferees for any budget reconciliation bill of the 109th Congress shall not report a reconciliation bill that would with respect to low-income children, pregnant women, disabled individuals, elderly individuals, individuals with chronic illnesses like HIV/AIDS, cancer, and diabetes, individuals with mental illnesses, and other Medicaid beneficiaries: (1) impair access to Medicaid services; (2) undermine eligibility for such beneficiaries; (3) make Medicaid services unaffordable, hence unavailable, to them; or (4) cut health care services them. Expresses the sense of the Senate, also, that the conferees shall not report a reconciliation bill that would undermine the federal guarantee of health insurance coverage that the Medicaid program provides, which would threaten not only the health care safety net of the United States, but the entire health care system of the United States.
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SECTION. 1. SHORT TITLE. This Act may be cited as the ``Sexually Violent Predators Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there exists a small but extremely dangerous group of sexually violent persons who do not have a mental disease or defect; (2) persons who are sexually violent predators generally have antisocial personality features that-- (A) are not amenable to mental illness treatment modalities in existence on the date of enactment of this Act; and (B) render the persons likely to engage in sexually violent behavior; (3) the likelihood that sexually violent predators will repeat acts of predatory sexual violence is high; and (4) the prognosis for curing sexually violent predators is poor and the treatment needs of the population of the predators are very long-term. SEC. 3. DEFINITIONS. As used in this Act: (1) Mental abnormality.--The term ``mental abnormality'' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (2) Predatory.--The term ``predatory'', with respect to an act, means an act directed towards a stranger, or a person with whom a relationship has been established or promoted, for the primary purpose of victimization. (3) Sexually violent offense.--The term ``sexually violent offense'' means an act that is a violation of title 18, United States Code or State criminal code that-- (A) involves the use or attempted or threatened use of physical force against the person or property of another person; and (B) is determined beyond a reasonable doubt to be sexually motivated. (4) Sexually violent predator.--The term ``sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. SEC. 4. ESTABLISHMENT OF PROGRAM. (a) In General.-- (1) State guidelines.--In accordance with this section, the Attorney General shall establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State law enforcement agency upon release from prison, being placed on parole, or being placed on supervised release. The Attorney General shall approve each State program that complies with the guidelines. (2) State compliance.-- (A) Implementation date.--A State that does not implement a program described in paragraph (1) by the date that is 3 years after the date of enactment of this Act, and maintain the implementation thereafter, shall be ineligible for funds in accordance with subparagraph (B). (B) Ineligibility for funds.-- (i) In general.--A State that does not implement the program as described in subparagraph (A) shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756). (ii) Reallocation of funds.--Funds made available under clause (i) shall be reallocated, in accordance with such section, to such States as implement the program as described in subparagraph (A). (b) Registration Requirement Upon Release, Parole, or Supervised Release.-- (1) In general.--An approved State program established in accordance with this section shall contain the requirements described in this section. (2) Determination.--The determination that a person is a ``sexually violent predator'' and the determination that a person is no longer a ``sexually violent predator'' shall be made by the sentencing court after receiving a report by a board of experts on sexual offenses. Each State shall establish a board composed of experts in the field of the behavior and treatment of sexual offenders. (3) Notification.--If a person who is required to register under this section is anticipated to be released from prison, paroled, or placed on supervised release, a State prison officer shall, not later than 90 days before the anticipated date of the release or commencement of the parole-- (A) inform the person of the duty to register; (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing not later than 10 days after the change of address; (C) obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person; and (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (4) Transfer of information to state and the fbi.--Not later than 3 days after the receipt of the information described in paragraph (3)(C), the officer shall forward the information to a designated State law enforcement agency. As soon as practicable after the receipt of the information by the State law enforcement agency, the agency shall-- (A) enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency that has jurisdiction over the area in which the person expects to reside; and (B) transmit the information to the Identification Division of the Federal Bureau of Investigation. (5) Quarterly verification.-- (A) Mailing to person.--Not less than every 90 days after the date of the release or commencement of parole of a person required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. (B) Return of verification form.-- (i) In general.--The person shall return, by mail, the verification form to the agency not later than 10 days after the receipt of the form. The verification form shall be signed by the person, and shall state that the person continues to reside at the address last reported to the designated State law enforcement agency. (ii) Failure to return.--If the person fails to mail the verification form to the designated State law enforcement agency by the date that is 10 days after the receipt of the form by the person, the person shall be in violation of this section unless the person proves that the person has not changed the residence address of the person. (6) Notification of local law enforcement agencies of changes in addresses.--Any change of address by a person required to register under this section that is reported to the designated State law enforcement agency shall as soon as practicable be reported to the appropriate law enforcement agency that has jurisdiction over the area in which the person is residing. (7) Penalty.--A person required to register under a State program established pursuant to this section who knowingly fails to register and keep the registration current shall be subject to criminal penalties in the State. It is the sense of Congress that the penalties should include imprisonment for not less than 180 days. (8) Termination of obligation to register.--The obligation of a person to register under this section shall terminate on a determination made in accordance with the provision of paragraph (2) of this section that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (c) Community Notification.--The designated State law enforcement agency shall release relevant information that is necessary to protect the public concerning a specific sexually violent predator required to register under this section. (d) Immunity for Good Faith Conduct.--Law enforcement agencies, employees of law enforcement agencies, and State officials shall be immune from liability for any good faith conduct under this section.
Sexually Violent Predators Act - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator (a person convicted of a sexually violent offense who suffers from a mental abnormality or personality disorder (condition) that makes the person likely to engage in predatory sexually violent offenses) to register a current address with a designated State law enforcement agency (agency) upon being released from prison, being placed on parole, or being placed on supervised release; and (2) approve each State program that complies with the guidelines. Makes a State that does not implement and maintain such a program ineligible to receive ten percent of the funds that would otherwise be allocated to it under the Drug Control and System Improvement Grant Program. Provides for reallocation of such funds to States in compliance. Requires: (1) the sentencing court to make the determination that a person is or is no longer a sexually violent predator after receiving a report by a board of experts on sexual offenses; and (2) each State to establish such a board. Directs a State prison officer, if a person required to register is anticipated to be released from prison, paroled, or placed on supervised release, to: (1) inform the person of the duty to register and to provide any change of address to a designated State agency in writing; (2) obtain the person's name, identifying factors, anticipated future residence, and offense history and documentation of any treatment received for the condition; and (3) require the person to read and sign a form stating that the duty to register has been explained. Requires the officer to forward the information to a designated State agency which shall enter the information into the appropriate State law enforcement record system, notify the appropriate agency with jurisdiction over the area in which the person expects to reside, and transmit the information to the Identification Division of the Federal Bureau of Investigation. Sets forth provisions regarding: (1) quarterly address verification; (2) notification of local agencies of address changes; (3) penalties for failing to register and keep registration current; (4) termination of the obligation to register; (5) community notification; and (6) immunity for good faith conduct under this Act.
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SECTION 1. ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS. (a) Additional Grants for Disabled Veterans for Specially Adapted Housing.-- (1) In general.--Chapter 21 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2109. Specially adapted housing destroyed or damaged by natural disasters ``(a) In General.--Notwithstanding the provisions of section 2102 of this title, the Secretary may award a grant to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary. ``(b) Use of Funds.--A grant awarded under subsection (a) shall be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran's disability, and necessary land therefor. ``(c) Limitations.--The amount of the grant awarded under subsection (a) may not exceed the lesser of-- ``(1) the reasonable cost, as determined by the Secretary, of repairing or replacing the damaged or destroyed home in excess of the available insurance coverage on such home; or ``(2) the maximum grant amount to which the veteran would have been entitled under subsection (a) or (b) of section 2102 of this title had the veteran not obtained the prior grant.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 21 of such title is amended by inserting after the item relating to section 2108 the following new item: ``2109. Specially adapted housing destroyed or damaged by natural disasters.''. (b) Extension of Subsistence Allowance for Veterans Completing Vocational Rehabilitation Program.--Section 3108(a)(2) of such title is amended-- (1) by inserting ``(A)'' before ``In''; and (2) by adding at the end the following new subparagraph: ``(B) In any case in which the Secretary determines that a veteran described in subparagraph (A) has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph.''. (c) Waiver of Limitation on Program of Independent Living Services and Assistance.--Section 3120(e) of such title is amended-- (1) by inserting ``(1)'' before ``Programs''; and (2) by adding at the end the following new paragraph: ``(2) The limitation in paragraph (1) shall not apply in any case in which the Secretary determines that a veteran described in subsection (b) has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary.''. (d) Covenants and Liens Created by Public Entities in Response to Disaster-Relief Assistance.--Paragraph (3) of section 3703(d) of such title is amended to read as follows: ``(3)(A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following: ``(i) A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). ``(ii) A private entity to secure an obligation to such entity for the homeowner's share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran's realty is located, if the Secretary determines that the interests of the veteran-borrower and of the Government will not be prejudiced by the operation of such covenant. ``(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary's determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.''. (e) Automobiles and Other Conveyances for Certain Disabled Veterans and Members of the Armed Forces.--Section 3903(a) of such title is amended-- (1) by striking ``No'' and inserting ``(1) Except as provided in paragraph (2), no''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary may provide or assist in providing an eligible person with a second automobile or other conveyance under this chapter if-- ``(A) the Secretary receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under this chapter was destroyed-- ``(i) as a result of a natural or other disaster, as determined by the Secretary; and ``(ii) through no fault of the eligible person; and ``(B) the eligible person does not otherwise receive from a property insurer compensation for the loss.''.
Authorizes the Secretary of Veterans Affairs (VA), notwithstanding existing limitations on the assistance available to disabled veterans eligible for specially adapted housing grants, to award grants to veterans whose homes were previously adapted with such assistance if the adapted home used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster. Requires any such awarded post-disaster adapted housing grant to be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran's disability along with the land for such housing. Permits the Secretary to: (1) extend up to an additional two months the subsistence allowances of veterans displaced by such disasters while satisfactorily following a program of employment services prescribed in a vocational rehabilitation program for certain veterans with service-connected disabilities; (2) provide or assist in providing a second automobile or other specified conveyance to eligible disabled veterans and members of the Armed Forces if an automobile or other conveyance previously purchased with assistance was destroyed by such a disaster through no fault of the individual and without compensation by a property insurer; and (3) in determining whether certain real estate housing loans are secured by a first lien, disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of a public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2002''. SEC. 2. PURPOSE. The purpose of this Act is to establish a pilot program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 36(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. ``(2) Association.--The term `Association' means the association, established pursuant to section 21(a)(3)(A), representing a majority of Small Business Development Centers. ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the pilot program. ``(4) Pilot program.--The term `pilot program' means the pilot program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990 (42 U.S.C. 7661f); ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the pilot program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--During any time period falling between the transmittal of quarterly reports, a participating Small Business Development Center may transmit to the Administrator any interim report containing data or information considered by the center to be necessary or useful. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the pilot program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President and to the Committees on Small Business of the Senate and House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the pilot program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the pilot program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the pilot program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the pilot program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the pilot program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the pilot program, the Administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--This subsection shall take effect on October 1, 2002. ``(f) Selection of Participating State Programs.-- ``(1) In general.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the pilot program established by this section: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for selection.--The Administrator shall make selections under this subsection not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2002. ``(g) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the pilot program. ``(h) Distribution of Grants.-- ``(1) In general.--Each State program selected to receive a grant under subsection (f) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that-- ``(i) the population of the State; bears to ``(ii) the population of all the States with programs selected to receive grants under subsection (f) for the fiscal year. ``(2) Minimum amount.--Notwithstanding paragraph (1), the minimum amount that a State program selected to receive a grant under subsection (f) shall be eligible to receive under this section in the fiscal year shall be $200,000. ``(i) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall conduct an evaluation of the pilot program and shall transmit to the Administrator and to the Committees on Small Business of the Senate and House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2003 and each fiscal year thereafter. ``(2) Limitation on use of other funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the pilot program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the pilot program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the pilot program. SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Privacy requirements.-- ``(A) In general.--No Small Business Development Center, consortium of Small Business Development Centers, or contractor or agent of a Small Business Development Center shall disclose the name or address of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, except that-- ``(i) the Administrator shall require such disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency; and ``(ii) if the Administrator considers it necessary while undertaking a financial audit of a Small Business Development Center, the Administrator shall require such disclosure for the sole purpose of undertaking such audit. ``(B) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under subparagraph (A)(ii).''.
National Small Business Regulatory Assistance Act of 2002 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; and (4) technical assistance.Directs the Administrator to act as the repository of and clearinghouse for data and information submitted by Centers.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Center programs of two States from each of ten groups of States for participation in the pilot program.Provides privacy requirements applicable to Centers, a consortium of Centers, or any Center contractor or agent with respect to regulatory compliance assistance provided to small businesses.
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SECTION 1. DEFINITIONS. For purposes of this Act-- (1) the term ``brownfield site'' has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); (2) the term ``designated refinery'' means a refinery designated under section 2(a); (3) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (4) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (5) the term ``Secretary'' means the Secretary of Energy; and (6) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 2. STATE PARTICIPATION AND SECRETARY'S DESIGNATION. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the Secretary shall designate no less than 5 brownfield sites, or portions thereof, subject to subsection (c)(2), that are appropriate and available for the purposes of siting a refinery. (b) Analysis of Refinery Sites.--In considering any site for possible designation under subsection (a), the Secretary shall conduct an analysis of-- (1) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (2) the distribution of the Nation's refined petroleum product demand; (3) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (4) the need to diversify the geographical location of the domestic refining capacity; (5) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; and (6) such other factors as the Secretary considers appropriate. (c) Making Designated Sites Available.-- (1) Secretary's role.--If a designated site is owned by the Federal Government, the Secretary shall take appropriate actions to make the site available for the construction of a refinery. If the site is not owned by the Federal Government, the Secretary shall facilitate the necessary transfer of interest in the site from a willing seller to enable the construction of a refinery on the site. (2) Governor's objection.--No site may be used for a refinery under this Act if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the Secretary an objection to the designation, unless, not later than 60 days after the Secretary receives such objection, the Congress has by law overridden the objection. SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE. (a) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (b) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.--If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d). (c) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (d) Judicial Review.-- (1) In general.--The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of-- (A) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (B) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary's schedule established pursuant to subsection (b) shall be considered inconsistent with Federal law for the purposes of paragraph (2) of this subsection. (2) Court action.--If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (3) Secretary's action.--For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c). (4) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. (5) Attorney's fees.--In any action challenging a Federal refinery authorization that has been granted, reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization. SEC. 4. 5-YEAR EXTENSION OF ELECTION TO EXPENSE CERTAIN REFINERIES. (a) In General.--Paragraph (1) of section 179C(c) of the Internal Revenue Code of 1986 (defining qualified refinery property) is amended-- (1) by striking ``January 1, 2012'' in subparagraph (B) and inserting ``January 1, 2017'', and (2) by striking ``January 1, 2008'' each place it appears in subparagraph (F) and inserting ``January 1, 2013''. (b) Implementation Through Secretarial Guidance.-- (1) Guidance.--Paragraph (1) of section 179C(b) of such Code (relating to general rule for election) is amended by inserting ``or other guidance'' after ``regulations''. (2) Reporting.--Subsection (h) of section 179C of such Code (relating to reporting) is amended by striking ``shall require'' and inserting ``may, through guidance, require''. (c) Effective Date.--The amendments made by this Act shall apply to property placed in service after December 31, 2007. (d) Requirement for Issuance of Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations or other guidance to carry out section 179C of the Internal Revenue Code of 1986 (as amended by this section).
Requires the Secretary of Energy to designate at least five brownfield sites (or portions of them) that are appropriate and available for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations. Amends the Internal Revenue Code to extend until January 1, 2017, the election to expense certain refineries.
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SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 of the Internal Revenue Code of 1986 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips Received for Certain Services.-- ``(1) In general.--For purposes of subsection (a), tips received by an individual for qualified services performed by such individual shall be treated as property transferred by gift. ``(2) Qualified services.--For purposes of this subsection, the term `qualified services' means cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper deliveries and shoe shine services. ``(3) Annual limit.--The amount excluded from gross income for the taxable year by reason of paragraph (1) with respect to each service provider shall not exceed $10,000. ``(4) Employee taxable on at least minimum wage.--Paragraph (1) shall not apply to tips received by an employee during any month to the extent that such tips-- ``(A) are deemed to have been paid by the employer to the employee pursuant to section 3121(q) (without regard to whether such tips are reported under section 6053), and ``(B) do not exceed the excess of-- ``(i) the minimum wage rate applicable to such individual under section 6(a)(1) of the Fair Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), over ``(ii) the amount of the wages (excluding tips) paid by the employer to the employee during such month. ``(5) Tips.--For purposes of this title, the term `tips' means a gratuity paid by an individual for services performed for such individual (or for a group which includes such individual) by another individual if such services are not provided pursuant to an employment or similar contractual relationship between such individuals.'' (b) Exclusion From Social Security Taxes.-- (1) Paragraph (12) of section 3121(a) of such Code is amended to read as follows: ``(12)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (2) Paragraph (10) of section 209(a) of the Social Security Act is amended to read as follows: ``(10)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d) of the Internal Revenue Code of 1986 for such month;''. (3) Paragraph (3) of section 3231(e) of such Code is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer if the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d).''. (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 of such Code is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall include tips received in any month only to the extent includible in gross income after the application of section 102(d) for such month.'' (d) Exclusion From Wage Withholding.--Paragraph (16) of section 3401(a) of such Code is amended to read as follows: ``(16)(A) as tips in any medium other than cash; ``(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);'' (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are each amended by striking ``tips'' and inserting ``tips to the extent includible in gross income after the application of section 102(d))''. (f) Effective Date.--The amendments made by this section shall apply to tips received after the calendar month which includes the date of the enactment of this Act.
Amends the Internal Revenue Code to make revisions concerning the treatment of tip income for specified services, including treating a limited amount of tips as property transferred by gift.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Electronic Marketplace Ownership Disclosure Act''. (b) Findings.--The Congress finds the following: (1) The phenomenal economic expansion that our nation experienced during the last decade was fueled by advances in information technology and the development of the Internet. (2) Today, consumers and businesses routinely participate in new online marketplaces. (3) Certain Internet exchanges purporting to provide neutral marketplaces for the exchange of goods and services are actually owned by marketplace operators with interests in the transactions taking place on the exchanges. (4) Certain Internet exchanges have made business arrangements with sellers without disclosing the existence of those arrangements to the consumers. (5) Additional consumer protections are needed to increase public confidence in the Internet. SEC. 2. DEFINITIONS. As used in this Act: (1) Electronic marketplace.-- (A) In general.--The term ``electronic marketplace'' means an enterprise that-- (i) is organized to bring together by electronic means, on both sides of a transaction, the offers, bids, or orders of multiple participants; (ii) is accessible to participants from the general public, and is not restricted to licensed or qualified specialists; (iii) lists products and services of such participants, or provides links or connections by which access to such lists may be obtained; and (iv) is operated as a business and collects compensation from any of such participants as a condition of participation. (B) Exclusions.--Such term does not include-- (i) any securities exchange or national securities association registered under the Securities Exchange Act of 1934; (ii) any contract market or derivative transaction execution facility registered under the Commodity Exchange Act; (iii) any marketplace that is operated for the conduct of retail transactions by a single vendor, even if that vendor sells or offers the products or services of multiple providers of such products or services; or (iv) any marketplace on which the total annual volume of transactions is less than $10,000,000, or such other marketplaces as may be excluded from such term by the regulations prescribed under section 3 on the basis of such factors as minimum transaction volume or size, minimum number of transactions, or minimum number of market participants over a designated period of time, or other relevant factors. (C) Open to public.--A marketplace shall not be considered to be restricted to licensed or qualified specialists under subparagraph (A)(ii) merely because such marketplace requires participants from the general public to register and to disclose identifying or financial information prior to participating. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Affiliate.--The term ``affiliate'' means any company that directly or indirectly controls, is controlled by, or is under common control with another company. SEC. 3. ELECTRONIC MARKETPLACE DISCLOSURE REGULATIONS. (a) Disclosure Required.--The Commission shall prescribe rules in accordance with this section to prohibit unfair and deceptive acts and practices in the operation of an electronic marketplace by requiring the operator of such market to disclose the following: (1) Ownership disclosures.--The operator of an electronic marketplace shall disclose-- (A) the identity of any affiliate of such marketplace; and (B) contact information, or a website link, from which a marketplace participant may obtain additional information about such affiliates. (2) Disclosure of financial arrangements business arrangements with market participants.--The operator of an electronic marketplace shall disclose-- (A) the usual or customary financial arrangements under which the largest portion of marketplace participants are permitted to participate; (B) any unusual or special financial arrangements under which a smaller number of marketplace participants are accorded special privileges or other benefits in their marketplace participation; and (C) the identity of any persons or entities with which the operator has an arrangement described in subparagraph (B). (b) Clear and Conspicuous Disclosure.-- (1) Required disclosures.--The regulation prescribed under this section shall require that the disclosures required by subsection (a)-- (A) be clear and conspicuous to electronic marketplace participants; (B) to the extent possible, be stated in simple and uncomplicated terms; and (C) be readily accessible to the public through the Internet. (2) Exemptions and limitations on disclosures.--The regulations prescribed under this section-- (A) shall require that the disclosures be updated at least quarterly; and (B) shall not require the posting or disclosure of the actual contracts with market participants. (c) Regulatory Authority.-- (1) Rulemaking.--The Commission shall prescribe such regulations as may be necessary to carry out the purposes of this Act. (2) Procedures and deadline.--Such regulations shall be prescribed in accordance with applicable requirements of title 5, United States Code, and shall be issued in final form not later than 6 months after the date of the enactment of this Act. SEC. 4. ENFORCEMENT. This Act and the regulations prescribed thereunder shall be enforced by Commission under the Federal Trade Commission Act.
Electronic Marketplace Ownership Disclosure Act - Directs the Federal Trade Commission to require an operator of an electronic marketplace to provide clear and conspicuous disclosure to the public through the Internet concerning: (1) the identity of any marketplace affiliate; (2) contact information, or a website link, from which a marketplace participant may obtain additional information about such affiliates; (3) the usual or customary financial arrangements under which the largest portion of marketplace participants are permitted to participate; (4) any unusual or special financial arrangements under which a smaller number of marketplace participants are accorded special privileges or benefits; and (5) the identity of any persons or entities with whom the operator has unusual or special financial arrangements.Grants the FTC regulatory and enforcement authority.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Child Welfare Services Reform Act of 1993''. SEC. 2. ESTABLISHMENT OF COMPREHENSIVE CHILD WELFARE SERVICES PROGRAM. (a) In General.--Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended-- (1) in part F, by redesignating sections 481 through 487 (42 U.S.C. 681-687) as sections 491 through 497, respectively; (2) by striking the heading for part E and inserting the following: ``PART E--FOSTER CARE, ADOPTION ASSISTANCE, AND COMPREHENSIVE CHILD WELFARE SERVICES. ``Subpart 1--Foster Care and Adoption Assistance''; (3) in section 474(a) (42 U.S.C. 674(a)), by striking paragraph (3), and redesignating paragraph (4) as paragraph (3); and (4) by adding at the end of part E the following: ``Subpart 2--Comprehensive Child Welfare Services ``SEC. 480. PURPOSE; APPROPRIATION. ``For the purposes of assisting each State to meet the needs of children (including children ineligible for assistance under the programs under subpart 1) for comprehensive child welfare services, and enabling each State to administer its programs under subpart 1, there are authorized to be appropriated-- ``(1) $1,328,000,000 for fiscal year 1994; ``(2) $1,449,000,000 for fiscal year 1995; ``(3) $1,585,000,000 for fiscal year 1996; ``(4) $1,734,000,000 for fiscal year 1997; and ``(5) $1,892,000,000 for fiscal year 1998. ``SEC. 481. RESERVATION OF FUNDS FOR SECRETARY; ALLOTMENTS TO STATES; REALLOTMENTS. ``(a) Reservation of Funds.--1 percent of the amount appropriated pursuant to section 480 for each fiscal year shall be reserved to the Secretary for expenditure in accordance with section 484. ``(b) Allotments.--The allotment for each State for each of fiscal years 1994 through 1998 shall be an amount which bears the same ratio to 99 percent of the amount authorized to be appropriated under section 480 for the fiscal year as the total payment to which the State is entitled under section 474(a)(3) for fiscal year 1992 bears to the total amount to which all States are entitled under such section for the fiscal year (as determined on the basis of claims submitted by the State and received by the Secretary on or before March 31, 1993, and found by the Secretary to be allowable on or before July 31, 1993). ``(c) Reallotment.--The amount of any allotment to a State under subsection (b) for any fiscal year which the State certifies to the Secretary will not be used by the State to carry out the State plan under section 482 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines will be able to use such excess amounts during such fiscal year, in addition to amounts already allotted or reallotted to such other States, under the State plans under such section. The amount reallotted to each State eligible for reallotted funds shall bear the same ratio to the amount available for reallotment as the State's allotment under subsection (b) bears to the total amount allotted to all States so eligible. ``SEC. 482. STATE PLAN FOR COMPREHENSIVE CHILD WELFARE SERVICES. ``In order to be eligible for payments under this subpart for a fiscal year, a State shall publish in the State and furnish to the Secretary a plan of the State for expenditure of funds under this subpart. The plan shall provide that-- ``(1) expenditures will be made under the plan only for-- ``(A) provision of child welfare services (as defined in section 425) in accordance with section 422(b), other than foster care maintenance payments and adoption assistance payments, but including nonrecurring adoption expenses (as defined in section 473(a)(6)); and ``(B) administration of the programs of the State under subpart 1 (including training of current or prospective State or local agency personnel, and of foster care and adoptive parents, related to administration of such program); and ``(2) the State share of expenditures under this subpart shall be an amount not less than the amount of the State share of expenditures for which payment was made under section 474(a)(3) for fiscal year 1993. ``SEC. 483. PAYMENTS TO STATES. ``Each State shall be entitled to a payment for each fiscal year in an amount equal to the lesser of-- ``(1) the allotment of the State under this subpart for the fiscal year; or ``(2) 75 percent of amounts (other than amounts for which the State receives payment under part B) expended in the fiscal year in accordance with the State plan under section 482. ``SEC. 484. SECRETARY'S DISCRETIONARY ACTIVITIES. ``The Secretary shall use the amounts reserved under section 481(a) to provide, through grants to or contracts with public or private entities, for-- ``(1) technical assistance and training for State and local public and private agencies to enable them to improve their administration of the program under subpart 1, including-- ``(A) States or cities with large numbers of children at risk of foster care placement, or with substantial deficiencies in program operation; and ``(B) State agencies in greatest need of assistance in meeting the requirements of section 479 or other Federal data collection requirements; ``(2) evaluation of State programs under this part and part B; and ``(3) demonstrations designed to-- ``(A) develop or identify more effective programs to support and strengthen families; ``(B) improve child protective, foster care, and adoption assistance services; and ``(C) reduce burdens on caseworkers.''. (b) Coordination With Other Programs Providing Services to Children and Families.--Section 422(b)(2) of such Act (42 U.S.C. 622(b)(2)) is amended by striking ``under part E'' and inserting ``under subpart 1, and the State plan published under subpart 2, of part E''. (c) Elimination of Conditional Part E of Title IV Ceiling and Authority to Transfer Funds to Part B of Title IV.--Section 474 of such Act (42 U.S.C. 674) is amended-- (1) by striking subsections (b) and (c), and redesignating subsection (d) as subsection (b); and (2) in subsection (b), as so redesignated-- (A) by striking ``subsections (a), (b), and (c)'' and inserting ``subsection (a)''; (B) by striking ``such estimates'' and inserting ``such estimate''; and (C) by striking ``such subsections'' and inserting ``such subsection''. (d) Conforming Amendments.--(1) Part E of title IV of such Act (42 U.S.C. 470-479) is amended by striking ``this part'' each place such term appears and inserting ``this subpart''. (2) Section 403(a)(3)(D) of such Act (42 U.S.C. 603(a)(3)(D)) is amended by striking ``486(a)'' and inserting ``496(a)''. (3) Section 403(l)(1)(A) of such Act (42 U.S.C. 603(l)(1)(A)) is amended-- (A) by striking ``482(a)'' and inserting ``492(a)''; and (B) by striking ``482(i)(2)'' and inserting ``492(i)(2)''. (4) Section 403(l)(4)(A)(i) of such Act (42 U.S.C. 603(l)(4)(A)(i)) is amended by striking ``482(d)(1)'' and inserting ``492(d)(1)''. (5) Section 403(l)(4)(A)(ii) of such Act (42 U.S.C. 603(l)(4)(A)(ii)) by striking ``482'' and inserting ``492''. (6) Section 473(a)(6) of such Act (42 U.S.C. 673(a)(6)) is amended-- (A) by striking ``(6)(A)'' and inserting ``(6)''; and (B) by striking subparagraph (B). (7) Section 477(e)(3) of such Act (42 U.S.C. 677(e)(3)) is amended by striking ``(a)(1), (a)(2), and (a)(3)'' and inserting ``(a)(1) and (a)(2)''. (8) Section 492(e)(2)(B) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``484'' and inserting ``494''. (9) Section 492(f) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``section 482(a)(1)'' and inserting ``subsection (a)(1)''. (10) Section 493(a)(1) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(a)(1)'' and inserting ``492(a)(1)''. (11) Section 494(c) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(e)'' and inserting ``492(e)''. (12) Section 494(d)(2) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(f)'' and inserting ``492(f)''. (13) Section 495(c) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(a)(1)'' and inserting ``492(a)(1)''. (14) Section 497(a)(1) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``486'' and inserting ``496''. (15) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C. 1396a(a)(10)(A)(i)(I)) is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''. (16) Section 1928(a)(1)(D) of such Act (42 U.S.C. 1396s(a)(1)(D)) is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''. (17) Any other reference in law or regulation, as of the effective date of this Act, to section 481, 482, 483, 484, 485, 486, or 487 of the Social Security Act shall be considered to be a reference to section 491, 492, 493, 494, 495, 496, or 497 of such Act, respectively. SEC. 3. SECTION 1115 DEMONSTRATION WAIVERS. Section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D'' and inserting ``part A, B, D, or E''; (2) in paragraph (1), by striking ``454,'' and inserting ``422, 454, 471, 472, 473,''; and (3) in paragraph (2), by striking ``455,'' and inserting ``423, 455, 474,''. SEC. 4. RECOVERY OF TRAINING COSTS. (a) Under Part E of Title IV.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following: ``(18) provide that the State agency-- ``(A) will require each individual who receives, at an institution of higher education, education or training in child welfare or a related field supported by funds from the State agency under this part or part B to enter into a written agreement either-- ``(i) to work, after the completion of such education or training, for the State agency or another public child welfare agency, or for a private child welfare agency operating under a contract with a public child welfare agency, for a period not less in duration than the period of such education or training; or ``(ii) to repay to the State agency the full amount expended by it for such education or training for the individual; ``(B) will enforce compliance with such agreements; and ``(C) will repay to the Secretary the Federal share of amounts recovered in accordance with this requirement, to the extent that such amounts exceed amounts necessary to reimburse the State agency for costs reasonably incurred to obtain recovery.''. (b) Under Section 426.--Section 426 of such Act (42 U.S.C. 626) is amended-- (1) in subsection (a)(1)(C), by inserting ``subject to subsection (d),'' after ``(c)''; and (2) by adding at the end the following: ``(d) As a condition of eligibility for grants under subsection (a)(1)(C), a public or other nonprofit institution of higher learning shall undertake-- ``(1) to require each individual who receives education or training in child welfare or a related field supported by a stipend or other financial assistance under this section to enter into a written agreement either-- ``(A) to work, after the completion of such education or training, for a public child welfare agency, or for a private child welfare agency operating under a contract with a public child welfare agency, for a period not less in duration than the period of such education or training, or ``(B) to repay to the institution the full amount of such stipend or other assistance; ``(2) to enforce compliance with such agreements; and ``(3) to repay to the Secretary amounts recovered in accordance with this requirement, to the extent that such amounts exceed amounts necessary to reimburse the institution for costs reasonably incurred to obtain recovery.''. SEC. 5. EXTENSION OF THE INDEPENDENT LIVING PROGRAM. Section 477 of the Social Security Act (42 U.S.C. 677) is amended-- (1) in subsection (a)(1), by striking the last sentence; (2) in subsection (c), by striking ``In the case of'' and all that follows through ``1992, such'' and inserting ``Such''; (3) in subsection (e)(1)(A), by striking ``of the fiscal years 1987 through 1992'' and inserting ``fiscal year''; (4) in subsection (e)(1)(B), by striking ``fiscal years 1991 and 1992'' and inserting ``each fiscal year''; (5) by amending subsection (e)(1)(C) to read as follows: ``(C) As used in this section: ``(i) The term `basic ceiling' means $45,000,000. ``(ii) The term `additional ceiling' means $25,000,000.''; (6) in subsection (f), by striking the last sentence; and (7) in subsection (g)-- (A) by striking ``(g)(1)'' and inserting ``(g)''; and (B) by striking paragraphs (2) and (3). SEC. 6. ACCUMULATION OF ASSETS BY OLDER CHILDREN RECEIVING FOSTER CARE MAINTENANCE PAYMENTS. Section 472 of the Social Security Act (42 U.S.C. 672) is amended by adding at the end the following: ``(i) In determining the eligibility of an individual who has attained age 16 for foster care maintenance payments under this subpart, the State agency shall disregard from the resources of the individual an amount of funds not exceeding an amount the agency determines to be reasonable for the purpose of achieving self- sufficiency.''. SEC. 7. REPEAL OF ANNUAL REPORT ON VOLUNTARY PLACEMENT. Section 102(e) of the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272; 42 U.S.C. 672 note) is repealed. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall become effective with respect to fiscal years beginning on or after October 1, 1993.
Comprehensive Child Welfare Services Reform Act of 1993 - Amends title IV of the Social Security Act (SSA) to establish a new comprehensive child welfare services program under part E (Foster Care and Adoption Assistance). Authorizes appropriations. Amends SSA title IV part B (Child-Welfare Services) to provide for coordination with other programs providing services to children and families. Amends SSA title XI to revise demonstration waiver provisions. Amends SSA title IV parts B and E to provide for recovery of training costs. Amends SSA title IV part E to make permanent the independent living program and to maintain basic and additional ceiling amounts at the latter amounts authorized under current law. Provides that in determining the eligibility of an individual aged 16 for foster care maintenance payments under such part, the State agency shall disregard from the resources of the individual an amount not exceeding what the agency determines to be reasonable for the purpose of achieving self-sufficiency. Amends the Adoption Assistance and Child Welfare Act of 1980 to repeal provisions respecting the annual report on voluntary placement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Recovery from Trauma Act''. SEC. 2. 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') and 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) Coordinating Center.--In carrying out subsection (a), the Secretary shall award one cooperative agreement to a comprehensive national coordinating center to oversee NCTSI activities (in this section referred to as the `NCTSI coordinating center'). ``(d) 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. ``(e) 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. ``(f) Prevention.--The NCTSI coordinating center shall include a focus on the development of prevention services and resources as they relate to the prevention of exposure to traumatic events and to early intervention programs focused on the prevention of the long term consequences of child trauma. ``(g) Research.--The NCTSI coordinating center shall establish an ongoing collaboration with Federal research institutions, including at the National Institutes of Health and the Centers for Disease Control and Prevention, for the purpose of sharing NCTSI expertise and evaluation data, conducting joint evaluation projects, and informing national research priorities related to child trauma. ``(h) 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, collaborating Federal agencies, and policymakers. ``(i) 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. ``(j) 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 as required under subsection (b). ``(k) 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. ``(l) 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 cooperative agreements may be renewed. Expertise and experience in the field of trauma-related disorders shall be a priority for new and continuing awards. ``(m) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2016 through 2020.''.
Children's Recovery from Trauma Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to support programs that provide for the continued operation of the National Child Traumatic Stress Initiative (NCTSI) and for research on evidence-based practices for identifying and treating children and youth with mental, behavioral, and biological disorders resulting from witnessing or experiencing a traumatic event. HHS must award a cooperative agreement to a comprehensive national coordinating center to oversee NCTSI activities. The NCTSI coordinating center must: (1) collect, analyze, and report data to establish the effectiveness of early identification and delivery of treatment and services; (2) focus on the development of services and resources to prevent the long-term consequences of child trauma; (3) collaborate with federal research institutions; and (4) collaborate with HHS in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which all annual expenditures of the organization are used to provide the direct services referred to in subparagraph (E), except that 10 percent or less of the annual aggregate expenditures of the organization may be administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in activity for the purpose of influencing legislation, litigation on behalf of any individual referred to in subparagraph (E), voter registration, political organizing, public policy advocacy, or public policy research; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 25 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''.
Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize the use of specified community development block grant amounts provided for non-metropolitan or non-urban areas to supplant State revenues lost under a State income tax credit for contributions to certain organizations providing assistance to low-income or homeless persons.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Preparedness Act of 1998''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``end-to-end testing'' means testing data exchange software with respect to-- (A) the initiation of the exchange by sending computers; (B) transmission through intermediate communications software and hardware; and (C) receipt and acceptance by receiving computers; (2) the term ``small and medium-sized businesses'' means businesses with less than 500 employees; (3) the term ``Year 2000 compliant'' means, with respect to information technology, that the information technology accurately processes (including calculating, comparing, and sequencing) date and time data from, into, and between the 20th and 21st centuries and the years 1999 and 2000, and leap year calculations, to the extent that other information technology properly exchanges date and time data with it; (4) the term ``Year 2000 computer problem'' means, with respect to information technology, any problem which prevents such technology from accurately processing, calculating, comparing, or sequencing date or time data-- (A) from, into, or between-- (i) the 20th and 21st centuries; or (ii) the years 1999 and 2000; (B) with regard to leap year calculations; or (C) with regard to such other dates as the Year 2000 Conversion Council may identify and designate; and (5) the term ``Year 2000 Conversion Council'' means the President's Council on Year 2000 Conversion established under section 2 of Executive Order No. 13073, issued on February 4, 1998; SEC. 3. CRITICAL GOVERNMENT SERVICES. The President shall provide for the acceleration of the development of business continuity plans by Federal agencies necessary to ensure the uninterrupted delivery by those agencies of critical mission- related services. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the President should take a high profile national leadership position to aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications; (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 issues in any critical Federal civilian agency system that is in jeopardy because of ineffective management of not meeting the January 1, 2000, deadline with respect to the Year 2000 computer problem; (3) consistent with the spirit of the Government Performance and Results Act of 1993, the Chair of the Year 2000 Conversion Council, in consultation with the President's Council on Infrastructure Assurance, officers of the Federal Government and of State and local governments, and representatives of the private sector, should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change, with such strategy including, for each sector, goals appropriate to each; (4) the Chair of the Year 2000 Conversion Council is making a significant contribution to Year 2000 computer problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998; (5) the Small Business Administration, the Department of Commerce, the Department of Agriculture, and other appropriate Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Year 2000 computer problem, undertaking the necessary remedial steps, and formulating contingency plans; and (6) State and local governments, as well as private sector industry groups and companies, should find ways to participate in this effort to prepare the American economy for the year 2000. SEC. 5. AGENCY REPORTS. All Federal agency reports to the Office of Management and Budget relating to the Year 2000 computer problem shall be concurrently transmitted to the Congress, including all Federal agency monthly submissions to the Office of Management and Budget. SEC. 6. GUIDELINES. The Chair of the Year 2000 Conversion Council is encouraged to develop, in consultation with industry, guidelines of best practices and standards for remediation and validation with respect to the Year 2000 computer problem to provide better direction for government and private sector efforts. SEC. 7. NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM. The Chair of the Year 2000 Conversion Council shall submit to the Congress any national assessment of the Year 2000 computer problem, conducted through or in conjunction with the Year 2000 Conversion Council, covering all critical national infrastructures and key sectors of the economy, including banking and finance, energy, telecommunications, transportation, and vital human services which protect the public health and safety, the water supply, housing and public buildings, and the environment. SEC. 8. FEDERAL AGENCY ACTIONS. To ensure that all computer operations and processing can be provided without interruption by Federal agencies after December 31, 1999, the head of each Federal agency shall-- (1) take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant, to the extent necessary to ensure that no significant disruption of the operations of the agency or of the agency's data exchange partners occurs, including-- (A) establishing, before March 1, 1999, schedules for testing and implementing new data exchange formats for completing all data exchange corrections, which may include national test days for end-to-end testing of critical processes and associated data exchanges affecting Federal, State, and local governments; (B) notifying data exchange partners of the implications to the agency and the exchange partners if they do not make appropriate date conversion corrections in time to meet the Federal schedule for implementing and testing Year 2000 compliant data exchange processes; (C) giving priority to installing filters necessary to prevent the corruption of mission-critical systems from data exchanges with noncompliant systems; and (D) developing and implementing, as part of the agency's continuity and contingency planning efforts, specific provisions for data exchanges that may fail, including strategies to mitigate operational disruptions if data exchange partners do not make timely date conversion corrections; (2) beginning not later than 30 days after the date of the enactment of this Act, convene meetings at least quarterly with representatives of the agency's data exchange partners to assess implementation progress; and (3) after each meeting convened pursuant to paragraph (2), transmit to the Congress a report summarizing-- (A) the results of that meeting; and (B) the status of the agency's completion of key data exchange corrections, including the extent of data exchange inventoried, an assessment of data exchange formats agreed to with data exchange partners, testing and implementation schedules, and testing and implementation completed. SEC. 9. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES. To ensure that the Nation's small and medium-sized businesses are prepared to meet the Year 2000 computer problem challenge, the National Institute of Standards and Technology, in conjunction with the Small Business Administration, shall develop a Year 2000 compliance outreach program to assist small and medium-sized businesses. Such program shall include-- (1) the development of a Year 2000 self-assessment checklist; (2) an explanation of the Year 2000 computer problem and an identification of best practices for resolving the problem; (3) a list of Federal Government Year 2000 information resources; and (4) a list of Year 2000 compliant products provided by the General Services Administration. SEC. 10. CONSUMER AWARENESS. To ensure that the Nation's consumers are aware of and prepared to meet the Year 2000 computer problem challenge, the Under Secretary of Commerce for Technology, in consultation with the Consumer Product Safety Commission and the Federal Trade Commission, shall develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Year 2000 computer problem. Such program shall include-- (1) the development of a Year 2000 self-assessment checklist; (2) a list of Federal Government Year 2000 computer problem information resources; (3) a list of Year 2000 compliant products provided by the General Services Administration; (4) a series of public awareness announcements or seminars on the impact of the Year 2000 computer problem on consumer products and services; and (5) a series of public awareness announcements or seminars on the potential effect that the Year 2000 computer problem could have on the provision of services by the Federal Government to the public, and the progress made in resolving the problem by the Federal agencies providing those services. Passed the House of Representatives October 13, 1998. Attest: Clerk.
Year 2000 Preparedness Act of 1998 - Directs the President to provide for the acceleration of the development of business continuity plans by Federal agencies to ensure the uninterrupted delivery by those agencies of critical mission-related services. (Sec. 4) Expresses the sense of the Congress that: (1) the President should aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications; (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 (Y2K) issues of any critical Federal agency system that is in jeopardy of not meeting the January 1, 2000 deadline; (3) the Chair should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change; (4) the Chair is making a significant contribution to Y2K problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998; (5) the Small Business Administration (SBA), the Department of Commerce, the Department of Agriculture, and other Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Y2K problem, undertaking necessary remedial steps, and formulating contingency plans; and (6) State and local governments, as well as private sector industry groups and companies, should participate in the effort to prepare the American economy for the year 2000. (Sec. 5) Provides for all Federal agency reports to OMB relating to the Y2K problem to be concurrently transmitted to the Congress, including all agency monthly submissions to the Office of Management and Budget (OMB). (Sec. 6) Directs the Chair to develop guidelines of best practices and standards for remediation and validation with respect to the Y2K problem to provide better direction for government and private sector efforts. (Sec. 7) Requires the Chair to submit to the Congress any national assessment of the Y2K problem conducted through or in conjunction with the Council covering all critical national infrastructures and key sectors of the economy. (Sec. 8) Requires the head of each Federal agency to ensure that all systems and hardware administered by the agency are Year 2000 compliant to ensure that no significant disruption of the agency's operations or data exchange partners occurs. Requires quarterly progress implementation reports to the Congress. (Sec. 9) Directs the National Institute of Standards and Technology, in conjunction with the SBA, to develop a Year 2000 compliance outreach program to assist small and medium-sized businesses with respect to the Y2K problem. (Sec. 10) Directs the Under Secretary of Commerce for Technology to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Y2K problem.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The individual right to keep and bear arms protected by the Second Amendment to the Constitution includes the right to acquire firearms and ammunition without undue burdens. (2) Jurisdictions have imposed taxes or fees on the acquisition of firearms and ammunition that inhibit the exercise of the Second Amendment, particularly among individuals of limited means. (3) Local taxation of firearms and ammunition suppresses lawful interstate commerce that is vital to a robust Second Amendment to the Constitution. (4) The Congress has the authority to regulate interstate commerce in firearms and ammunition to ensure that States are not suppressing access to these lawful products. (5) The singling out of firearms and ammunition for special taxation as a means to suppress their acquisition is an infringement of the Second Amendment and disproportionately affects those in low income communities whose need for self- defense may be especially acute. (b) Purpose.--The purpose of this Act is to prevent States or local jurisdictions from using their taxing power to suppress lawful interstate commerce and protected constitutional activity. SEC. 3. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES ON SALES OF CERTAIN FIREARMS AND AMMUNITION. No State or local government may-- (1) impose a new tax on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax on such sale of firearms or ammunition, or (2) increase the rate of a tax imposed on the sale of firearms (or of any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or on the sale of ammunition (or of any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act expressly applicable to such sale of firearms or ammunition. SEC. 4. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES PAYABLE FOR CONDUCTING BACKGROUND CHECKS INCIDENT TO THE SALE OF FIREARMS AND AMMUNITION. No State or local government may-- (1) impose a tax payable to conduct a background check incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, if the respective State or local government does not have in effect on the date of the enactment of this Act a tax payable to conduct a background check incident to the sale of firearms or ammunition, or (2) increase the rate of a tax imposed to conduct background checks incident to the sale of firearms (or any certain type of firearms) that have moved in or that otherwise affect interstate commerce, or to the sale of ammunition (or any certain type of ammunition) that has moved in or that otherwise affects interstate commerce, in effect on the date of the enactment of this Act payable to conduct such checks. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Ammunition.--The term ``ammunition'' has the meaning given such term in section 921 of title 18 of the United States Code. (2) Background check.--The term ``background check'' means a check performed by the system then in effect under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) or pursuant to any State law that mandates an inquiry into an individual's criminal, mental health, or other personal history as a prerequisite to the transfer or acquisition of a firearm. (3) Firearm.--The term ``firearm'' has the meaning given such term in section 921 of title 18 of the United States Code. (4) Local government.--The term ``local government'' means a political subdivision of a State. (5) Sale.--The term ``sale'' means transfer, sell, trade, or give for value or otherwise. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (7) Tax.--The term ``tax'' means a tax, fee, or charge payable to the State or local government. SEC. 6. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person, entity, or circumstance, shall not be affected thereby. SEC. 7. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of Act.--This Act shall not apply with respect to any liability for taxes accrued and enforced before the date of enactment of this Act or to ongoing litigation relating to such taxes.
Protecting Honest, Everyday Americans from Senseless And Needless Taxes (PHEASANT) Act of 2013 - Prohibits a state or local government from imposing a new tax, or increasing the rate of an existing tax: (1) on the sale of ammunition or firearms that have moved in or that otherwise affect interstate commerce, or (2) payable to conduct a background check incident to the sale of such ammunition or firearms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Internet Freedom Act of 2014''. SEC. 2. REQUIREMENTS FOR NTIA RELINQUISHMENT OF DNS RESPONSIBILITIES. (a) In General.--Unless the Assistant Secretary submits the certification described in subsection (b) to the appropriate congressional committees at least 60 days before the date described in subsection (c)-- (1) the Assistant Secretary may not relinquish the responsibilities of the NTIA with respect to Internet domain name functions, including responsibility with respect to the authoritative root zone file, the IANA functions, or the related root zone management functions; (2) if there exists on such date an option to extend the IANA functions contract, the Assistant Secretary shall exercise such option; and (3) if there does not exist on such date an option to extend the IANA functions contract, the Assistant Secretary shall seek to enter into a new contract for the performance of the IANA functions that meets the requirements of subsection (d). (b) Certification Described.--The certification described in this subsection is a written certification that the Assistant Secretary has received a proposal for relinquishing the responsibilities of the NTIA with respect to Internet domain name functions that ensures the following: (1) Control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body. (2) The bylaws of ICANN will be amended to provide for the following: (A) No director or officer of ICANN will be selected by or represent a governmental or intergovernmental body. (B) ICANN is prohibited from receiving advice from the Governmental Advisory Committee unless such Committee reaches consensus regarding such advice. For purposes of the preceding sentence, the term ``consensus'' means general agreement in the absence of any formal objection. (C) ICANN is committed to upholding freedom of speech, freedom of the press, freedom of assembly, and freedom of association, applying a standard that is at least as protective of such freedoms as is the First Amendment to the Constitution. (D) The term ``supermajority'' is defined for purposes of the bylaws of ICANN to mean, with respect to a vote of the board of directors, an affirmative vote by at least four-fifths of all directors. (E) A change in the bylaws of ICANN will require a vote of a supermajority of the board of directors. (F) A change in the fees that ICANN charges for its services will require a vote of a supermajority of the board of directors. (G) The directors, president, secretary, and chief financial officer of ICANN will be subject to removal in a vote of confidence by the board of directors at least once every 3 years and will serve no longer than 9 years in a single position. (H) ICANN will have a simplified, transparent process for selecting its directors under which such selections are linked with key stakeholders in the Internet community. (I) ICANN will have an independent process (such as the process between ICANN and the International Centre for Dispute Resolution for independent review of contested actions of the board of directors of ICANN and under which the Centre serves as a dispute resolution service provider for objections to new generic top-level domain expansions) for resolving disputes between ICANN and external parties in all matters related to the operations of ICANN. (3) ICANN has adopted, if necessary through amendment to its bylaws, measures recommended by the multistakeholder community to increase the transparency of ICANN deliberations and decisions, such as providing public access on the Internet to meetings of the board of directors and associated materials. (4) ICANN will adopt policies and procedures for disclosing to the public records and other information that are at least as protective of public access as the policies and procedures required by section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). The policies and procedures adopted will include a means by which the denial of a request for access to records or other information may be appealed through the independent dispute resolution process described in paragraph (2)(I). (5) There will be established a private, nonprofit corporation, to be known as the IANA Consortium, that is financed and managed by the top-level domain registries and not by ICANN. (6) The IANA Consortium, and not ICANN, will-- (A) manage the content of the root zones; (B) select an entity to carry out the editing of the root zone files that-- (i) is separate from the IANA Consortium; and (ii) the IANA Consortium is satisfied demonstrates technical competence that is at least equal to that of VeriSign; and (C) oversee the performance of such entity in the editing of the root zone files. (7) There will be established within ICANN a body to be known as the Internet Freedom Panel, which shall be composed of representatives of the Internet community, including registrars, technology groups, and civil society. No member of the Panel will be selected by or represent a governmental or intergovernmental body. (8) The bylaws of ICANN will provide that the Internet Freedom Panel will have the power to review and to veto changes to the domain name system proposed by ICANN that the Panel considers to threaten freedom of expression, the openness, stability, resiliency, or security of the Internet, responsiveness to the user community, or other commitments undertaken by ICANN in the Affirmation of Commitments in effect between the NTIA and ICANN on the date of the enactment of this Act. Any such veto will be final and will not be subject to override by any director or officer of ICANN. (9) The entity selected by the IANA Consortium to carry out the editing of the root zone files in accordance with paragraph (6)(B) will implement a policy decision adopted by ICANN unless the Internet Freedom Panel vetoes such decision. (10) ICANN will remain subject to United States law (including State law) and to the jurisdiction of United States courts (including State courts). (11) The United States Government will be granted ownership of the .gov and .mil top-level domains, and the A and B root servers that manage such top-level domains will be maintained in the United States. (12) ICANN will conduct and publicly release the results of an audit of its operations during its 5 fiscal years preceding the fiscal year in which the proposal is submitted to the Assistant Secretary and demonstrate that its financial and management decisions during such 5 fiscal years have been sound and comport with accepted business practices. (13) An annual audit of ICANN and the IANA Consortium will be performed by an internationally recognized auditing firm that will not have had a contract with ICANN during the 2-year period preceding the audit. The costs of the audit will be paid by ICANN and the IANA Consortium. (14) Neither ICANN nor the IANA Consortium will enter into an agreement or modify an existing agreement to impose on a registrar or registry with which ICANN or the IANA Consortium, as the case may be, conducts business any condition (such as a condition relating to the regulation of content) that is unrelated to ICANN's core mission of coordinating the global interoperability and uniqueness of domain names. (15) There will be established a joint office of inspector general for ICANN and the IANA Consortium that will be jointly funded by ICANN and the IANA Consortium. Such office shall be headed by an Inspector General that is appointed by the board of directors of ICANN for a non-renewable, fixed term. The Inspector General will be granted full access to ICANN and the IANA Consortium, which will include access to such matters as the finances, documents, and activities of ICANN and the IANA Consortium. (16) The reports of the Inspector General will be made publicly available and will not be subject to approval or editing by ICANN, the IANA Consortium, or the officers or directors of ICANN or the IANA Consortium. (c) Date Described.--The date described in this subsection is the following: (1) During the base period of performance of the IANA functions contract, the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the first option period. (2) During the first option period of the IANA functions contract (if the contract is extended through such period), the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the second option period. (3) During the second option period of the IANA functions contract (if the contract is extended through such period), the date on which such period expires. (d) Requirements for New Contract for Performance of IANA Functions.--A contract for the performance of the IANA functions meets the requirements of this subsection if such contract-- (1) is between the NTIA and ICANN or another private, nonprofit entity; and (2) provides for each assurance listed in paragraphs (1) through (16) of subsection (b), except that, in the case of a contract with an entity other than ICANN-- (A) each assurance listed in such paragraphs with respect to ICANN shall be considered to be an assurance with respect to such entity; and (B) such contract is required to provide for the assurance listed in paragraph (12) of such subsection only with respect to years during which such entity is in existence. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Base period of performance.--The term ``base period of performance'' means, with respect to the IANA functions contract, the period beginning on October 1, 2012, and ending on September 30, 2015. (4) First option period.--The term ``first option period'' means, with respect to the IANA functions contract, the period beginning on October 1, 2015, and ending on September 30, 2017. (5) IANA consortium.--The term ``IANA Consortium'' means the private, nonprofit corporation established pursuant to subsection (b)(5). (6) IANA functions.--The term ``IANA functions'' means the Internet Assigned Numbers Authority functions. (7) IANA functions contract.--The term ``IANA functions contract'' means the contract that is in effect on the date of the enactment of this Act between the NTIA and ICANN under which ICANN is required to perform the IANA functions. (8) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (9) Internet freedom panel.--The term ``Internet Freedom Panel'' means the body established pursuant to subsection (b)(7). (10) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration. (11) Second option period.--The term ``second option period'' means, with respect to the IANA functions contract, the period beginning on October 1, 2017, and ending on September 30, 2019. (12) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.
Defending Internet Freedom Act of 2014 - Prohibits the Assistant Secretary of Commerce for Communications and Information from relinquishing the responsibilities of the National Telecommunications and Information Administration (NTIA) with respect to Internet domain name functions (including Internet Assigned Numbers Authority [IANA] functions) unless the Assistant Secretary certifies to Congress that a proposal has been received that ensures: control over the management of the Internet domain name system (DNS) will not be exercised by a governmental or intergovernmental body; standards for freedoms of speech, of the press, of assembly, and of association are at least as protective as the First Amendment to the U.S. Constitution; the Internet Corporation for Assigned Names and Numbers (ICANN) will increase the transparency of its deliberations and adopt disclosure procedures that are at least as protective of public access as the Freedom of Information Act; a private, nonprofit corporation, to be known as the IANA Consortium, will be established to manage the content of root zones listing DNS domains available on the Internet; an Internet Freedom Panel will be established to review and veto DNS changes proposed by ICANN that the Panel considers a threat to freedom of expression, the openness, stability, resiliency, or security of the Internet, responsiveness to the user community, or other commitments undertaken by ICANN in the Affirmation of Commitments in effect between the NTIA and ICANN; ICANN will remain subject to U.S. law; the U.S. government will be granted ownership of the ".gov" and ".mil" top-level domains and specified servers will be maintained in the United States; audits of ICANN and the IANA Consortium; and establishment of a joint office of inspector general for ICANN and the IANA Consortium. Requires such a certification to also ensure amendments to ICANN bylaws concerning: (1) advice from the Governmental Advisory Committee; (2) a required supermajority of the board of directors for votes regarding changes to bylaws or fees; and (3) terms of office and removal procedures for ICANN's directors, president, secretary, and chief financial officer. Requires the Assistant Secretary, if such a certification is not submitted to Congress by a specified deadline, to: (1) extend the existing contract between the NTIA and ICANN if an option exists to extend the contract during the base period of performance ending on September 30, 2015, or during subsequent option periods for an extended contract, or (2) seek to enter a new contract subject to certain conditions for the performance of such functions if there is not an option to extend the existing contract.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2005''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1636. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1634 the following: ``1636. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1635 the following: ``1637. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1638. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1636 the following: ``1638. Lower Chino dairy area desalination demonstration and reclamation project.''. SEC. 5. CEILING INCREASE ON FEDERAL SHARE OF WATER RECLAMATION PROJECT. Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C.390h-13(d)) is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) The Federal share of the costs of the project authorized by section 1624 shall not exceed the following: ``(A) $22,000,000 for fiscal year 2007. ``(B) $24,200,000 for fiscal year 2008. ``(C) $26,620,000 for fiscal year 2009. ``(D) $29,282,000 for fiscal year 2010. ``(E) $32,210,200 for fiscal year 2011. ``(F) $35,431,220 for fiscal year 2012. ``(G) $38,974,342 for fiscal year 2013. ``(H) $42,871,776 for fiscal year 2014. ``(I) $47,158,953 for fiscal year 2015. ``(J) $51,874,849 for fiscal year 2016.''. SEC. 6. CENTER FOR TECHNOLOGICAL ADVANCEMENT OF MEMBRANE TECHNOLOGY AND EDUCATION. (a) In General.--The Secretary of the Interior shall establish at the Orange County Water District located in Orange County, California, a center for the expressed purposes of providing-- (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. (b) Management of Center.-- (1) Contracts.--In establishing the center, the Secretary shall enter into contracts with the Orange County Water District for purposes of managing such center. (2) Plan.--Not later than 90 days after the date of enactment of this section, the Secretary, in consultation with the Orange County Water District, shall jointly prepare a plan, updated annually, identifying the goals and objectives of the center. (c) Authorization of Appropriations.--There are authorized to carry out subsections (a) and (b), $2,000,000, for each of fiscal years 2006 through 2011. Such sums shall remain available until expended. (d) Report.--Not later than one year after the date of enactment of this section and annually thereafter, the Secretary, in consultation with the Orange County Water District, shall provide a report to Congress on the status of the center and its accomplishments. (e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section. Passed the House of Representatives October 18, 2005. Attest: JEFF TRANDAHL, Clerk.
Santa Ana River Water Supply Enhancement Act of 2005 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to: (1) participate, in cooperation with the Orange County Water District, in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) carry out, in cooperation with local governments, a program to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) participate, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Authorizes appropriations. Specifies limits on the federal share of project costs and prohibits the use of funds provided by the Secretary for operation and maintenance. Specifies limits on the federal share of the costs of phase 1 of the Orange County Regional for FY2007-FY2016. Directs the Secretary to establish at the District a center to provide: (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. Requires the Secretary: (1) to enter into contracts with the District to manage the center; and (2) in consultation with the District, to jointly prepare a plan identifying the center's goals and objectives and to report to Congress within one year on the center's status and accomplishments. Authorizes appropriations. . Terminates provisions of this Act after 10 years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Security Act of 1993''. SEC. 2. DEPARTMENT OF DEFENSE PROGRAM TO ASSIST DISCHARGED MEMBERS OF THE ARMED FORCES TO OBTAIN TRAINING AND EMPLOYMENT AS LAW ENFORCEMENT OFFICERS. (a) Training and Placement Program.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1152. Training and placement of involuntarily separated members as law enforcement officers ``(a) Training and Placement of Involuntarily Separated Members.-- The Secretary of Defense shall establish a program to assist members of the armed forces who are involuntarily separated from active duty after six or more years of continuous active duty immediately before the separation to obtain training and employment as law enforcement officers with a unit of local government described in subsection (b). ``(b) Limitation on Eligibility.--If a member of the armed forces described in subsection (a) is not accepted by a unit of local government for training and employment as a law enforcement officer within one year after the date of the separation of the member, the member shall not be eligible for a stipend under subsection (h), and a unit of local government providing the training or employment shall not receive assistance under this section for such member. ``(c) Agreements With Units of Local Government.--(1) The Secretary of Defense shall offer to enter into agreements under this subsection with any unit of local government providing law enforcement functions in a high crime area if the unit of local government agrees-- ``(A) to select a member of the armed forces described in subsection (a) to receive training as a law enforcement officer; ``(B) to offer the member full-time employment with the unit of local government as a law enforcement officer for a period of at least two years; and ``(C) to treat the member so employed in the same manner as any other law enforcement officer employed by the unit of local government for purposes of determining seniority, duty assignments, or eligibility for benefits. ``(2) If a State does not have any high crime areas, the Secretary shall enter into agreements under this subsection with units of local governments that provide law enforcement functions in areas in the State with the highest rates of crime. ``(3) The actual selection of a member by a unit of local government pursuant to the agreement shall be subject to the certification of the Secretary of Defense that the member meets the eligibility requirements described in subsection (a). ``(4) Under an agreement referred to in paragraph (1), the Secretary of Defense shall agree to pay to the unit of local government an amount based upon the basic salary paid by the unit of local government to the selected member as a law enforcement officer. The rate of payment by the Secretary shall be as follows: ``(A) For the first year of employment, 100 percent of the basic salary. ``(B) For the second year of employment, 80 percent of the basic salary. ``(C) For the third year of employment if continued under the agreement, 60 percent of the basic salary. ``(D) For the fourth year of employment if continued under the agreement, 40 percent of the basic salary. ``(E) For the fifth year of employment if continued under the agreement, 20 percent of the basic salary. ``(5) Payments required under paragraph (4) may be made by the Secretary of Defense in such installments as the Secretary may determine. If the Secretary makes payments in advance and the member leaves the employment of the unit of local government before the end of the period covered by the advance payment, the unit of local government shall reimburse the Secretary of Defense for any portion of the advance payment that remains unpaid to the member. ``(6) The Secretary of Defense may not enter into an agreement under this subsection with a unit of local government if the Secretary determines that the agency terminated the employment of another law enforcement officer in order to fill the vacancy so created with a member described in subsection (a). ``(d) Priority Given to Violent Crime Areas.--In entering into agreements with units of local government under subsection (c), the Secretary of Defense shall give priority to those units of local government performing law enforcement functions in areas with an especially high rate of violent crimes, as identified by the Attorney General. ``(e) Assistance Subject to Availability of Appropriations.--Each agreement under subsection (c) shall contain a condition that the provision of assistance, including stipends, under the agreement is subject to the certification of the Secretary of Defense that, at the time the member described in subsection (a) is selected to receive training and employment as a law enforcement officer, the Secretary has sufficient appropriations to carry out this section available to satisfy the obligations to be incurred by the United States with respect to the training and employment of that member. ``(f) Number of Participants per State.--(1) Except as provided in paragraph (2), for each fiscal year, the number of members of the armed forces who are selected to receive assisted training and employment under this section as law enforcement officers in a particular State may not exceed the number that bears the same ratio to 75 percent of the total number of participants to be selected in that fiscal year as the population of that State bears to the total population of all the States. ``(2) Of the total number of members to be selected to receive assisted training and employment under this section for a fiscal year, 25 percent of such participants shall be selected pursuant to agreements entered into under subsection (c) on a competitive basis without regard to the limitation on the number of participants per State specified in paragraph (1). ``(g) Participant Agreement.--A member of the armed forces described in subsection (a) who is selected by a unit of local government to receive assisted training and employment as a law enforcement officer pursuant to an agreement under subsection (c) shall be required to enter into an agreement with the unit of local government and the Secretary of Defense in which the member agrees-- ``(1) to obtain, within such time as the unit of local government may require, the training required by the unit of local government to become a law enforcement officer; and ``(2) to accept employment with the unit of local government as a law enforcement officer for at least two years, to begin within six months after completing the training under paragraph (1). ``(h) Training Stipend.--(1) Except as provided in paragraph (2), the Secretary of Defense shall pay to each member of the armed forces who is selected to receive assisted training and employment as a law enforcement officer pursuant to an agreement under subsection (c) a stipend in an amount equal to not more than $5,000 to cover costs incurred by the member while training to become a law enforcement officer. ``(2) A member who is employed by the unit of local government or receives a living allowance from the unit of local government while receiving training as a law enforcement officer shall not be paid a stipend under paragraph (1). ``(i) Reimbursement Under Certain Circumstances.--(1) If a member of the armed forces who receives assisted training and employment as a law enforcement officer under this section fails to successfully complete the training required to become a law enforcement officer or voluntarily leaves, or is terminated for cause, from the employment during the one year of required employment, the member shall be required to reimburse the Secretary of Defense for any stipend paid to the person under subsection (h)(1) in an amount that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the one year of required service. ``(2) The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a member described in subsection (a) from the obligation to reimburse the Secretary. Any amount owed by a person under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of ninety days or less and shall accrue from the day on which the person is first notified of the amount due. The Secretary may enter into an agreement with the Secretary of the Treasury to arrange for the collection of amounts owed by a person under paragraph (1) through the Internal Revenue Code of 1986. ``(j) Exceptions to Reimbursement Provisions.--(1) A member of the armed forces described in subsection (a) shall not be considered to be in violation of an agreement entered into under subsection (g) during any period in which the member-- ``(A) is pursuing a full-time course of study, approved by the unit of local government involved, related to the field of law enforcement at an educational or vocational institution; ``(B) is serving on active duty as a member of the Armed Forces; ``(C) is employed by any unit of local government and serves as a law enforcement officer in a high crime area; ``(D) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician; ``(E) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; or ``(F) satisfies the provisions of such additional reimbursement exceptions as may be prescribed by the Secretary of Defense. ``(2) A person shall be excused from reimbursement under subsection (i) if the person becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive reimbursement in cases of extreme hardship to the person, as determined by the Secretary. ``(k) Information Regarding Placement Program.--The Secretary of Defense shall provide information regarding the training and placement opportunities available under this section to members of the armed forces as part of preseparation counseling provided under section 1142 of this title. The information provided shall include a list of all units of local government with which the Secretary has entered into an agreement under subsection (c) and the name, address, and telephone number of the representative of each unit of local government administering the agreement on behalf of the unit of local government. ``(l) Special Eligibility of Certain Persons Already Separated or Terminated.--A member of the armed forces described in subsection (a) who was involuntarily separated during the period beginning on October 1, 1990, and ending on October 1, 1993, may receive assisted training and employment under this section if the member is accepted by a unit of local government for training and employment as a law enforcement officer by October 1, 1994. ``(m) Expansion of Program.--(1) If the Secretary of Defense determines for a fiscal year that the number of eligible members likely to be selected to participate in the training and placement program under this section the Secretary may authorize local governments entering into an agreement under subsection (c) to select-- ``(A) civilian employees of the Department of Defense who are terminated from employment with the Department as a result of reductions in defense spending or the closure or realignment of a military installation; and ``(B) employees of private defense contractors who were employed for not less than five years with a private defense contractor and are terminated or laid off (or receive a notice of termination or lay off) as a result of the completion or termination of a defense contract or program or reductions in defense spending. ``(2) A civilian employee of the Department of Defense or the Department of Energy or an employee of a private defense contractor who is terminated for cause shall not be eligible for a stipend under subsection (h), and a unit of local government providing training or employment to such an employee shall not receive assistance under this section for such employee. ``(n) Definitions.--In this section: ``(1) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands. ``(2) The term `unit of local government' means-- ``(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; ``(B) an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior; or ``(C) any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia. ``(3) The term `law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including police, corrections, probation, parole, and judicial officers. ``(4) The term `high crime area' shall have such meaning as may be given the term by the Attorney General. ``(5) The term `private defense contractor' means a person that provides services, supplies, or both (including construction) to the Department of Defense under a contract directly with the Department. ``(o) Termination.--Members of the armed forces described in subsection (a) may not be selected to receive assisted training and employment as law enforcement officers pursuant to an agreement under subsection (c) after September 30, 1999.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``1152. Training and placement of involuntarily separated members as law enforcement officers.''. (c) Effective Date.--Section 1152 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1993.
Community Security Act of 1993 - Directs the Secretary of Defense to establish a program to assist members of the armed forces who are involuntarily separated from active duty after six or more years of continuous active duty to obtain training and employment as local government law enforcement officers. Directs the Secretary to enter into agreements under which a local government offers a member employment as a law enforcement officer and the Secretary pays the local government a specified portion of the officer's salary. Provides: (1) a priority for violent crime areas; (2) a training stipend to each participant; (3) reimbursement to the Secretary by a local government for nonperformance of duty; and (4) notification requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Ambulance Consumer Protection Act''. SEC. 2. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR AMBULANCE INDUSTRY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advisory committee to make recommendations for a rulemaking-- (1) to require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill; and (2) to provide other consumer protections for customers of air ambulance operators. (b) Composition of the Advisory Committee.--The advisory committee shall be composed of the following members: (1) The Secretary of Transportation. (2) One representative, to be appointed by the Secretary, of each of the following: (A) Each relevant Federal agency, as determined by the Secretary. (B) State insurance regulators. (C) Health insurance providers. (D) Consumer groups. (3) Three representatives, to be appointed by the Secretary, to represent the various segments of the air ambulance industry. (c) Recommendations.--The advisory committee shall make recommendations with respect to each of the following: (1) Cost-allocation methodologies needed to ensure that charges for air transportation services are separated from charges for non-air transportation services. (2) Cost- or price-allocation methodologies to prevent commingling of charges for air transportation services and charges for non-air transportation services in bills and invoices. (3) Formats for bills and invoices to ensure that customers and State insurance regulators can clearly distinguish between charges for air transportation services and charges for non-air transportation services. (4) Data or industry references related to aircraft operating costs to be used in determining the proper allocation of charges for air transportation services and charges for non- air transportation services. (5) Guidance materials to instruct States, political subdivisions of States, and political authorities of 2 or more States on referring to the Secretary allegations of unfair or deceptive practices or unfair methods of competition by air ambulance operators. (6) Protections for customers of air ambulance operators, after consideration of the circumstances in which the services of air ambulance operators are used. (7) Protections of proprietary cost data from inappropriate public disclosure. (8) Such other matters as the Secretary determines necessary or appropriate. (d) Report.--Not later than 180 days after the date of the first meeting of the advisory committee, the advisory committee shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations made under subsection (c). (e) Rulemaking.--Not later than 180 days after the date of receipt of the report under subsection (d), the Secretary shall consider the recommendations of the advisory committee and issue a final rule-- (1) to require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill; and (2) to provide other consumer protections for customers of air ambulance operators. (f) Definitions.--In this section, the following definitions apply: (1) Air ambulance operator.--The term ``air ambulance operator'' means an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, that provides medical, ambulance, or related services. (2) Non-air transportation services.--The term ``non-air transportation services'' means those services provided by air ambulance operators but not other air carriers operating pursuant to part 135 of title 14, Code of Federal Regulations. (g) Termination.--The advisory committee shall terminate on the date of submission of the report under subsection (d). (h) Nature of Air Ambulance Services.--The non-air transportation services of air ambulance operators and prices thereof are neither services nor prices of an air carrier for purposes of section 41713 of title 49, United States Code. SEC. 3. AIR AMBULANCE COMPLAINTS. (a) Consumer Complaints.--Section 42302 of title 49, United States Code, is amended-- (1) in subsection (a) by inserting ``(including transportation by air ambulance)'' after ``air transportation''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``, and an air ambulance operator,'' after ``passenger seats''; and (ii) by inserting ``or operator'' after ``Internet Web site of the carrier''; and (B) in paragraph (2) by inserting ``or operator'' after ``mailing address of the air carrier''; and (3) by striking subsection (c) and inserting the following: ``(c) Notice to Passengers on Boarding or Billing Documentation.-- ``(1) Air carriers and foreign air carriers.--An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include the hotline telephone number established under subsection (a) on-- ``(A) prominently displayed signs of the carrier at the airport ticket counters in the United States where the air carrier operates; and ``(B) any electronic confirmation of the purchase of a passenger ticket for air transportation issued by the air carrier. ``(2) Air ambulance operators.--An air ambulance operator shall include the hotline telephone number established under subsection (a) on any invoice, bill, or other communication provided to a passenger or customer of the operator.''. (b) Unfair and Deceptive Practices and Unfair Methods of Competition.--Section 41712(a) of title 49, United States Code, is amended-- (1) by inserting ``air ambulance customer,'' after ``foreign air carrier,'' the first place it appears; and (2) by adding at the end the following: ``In this subsection, the term `air carrier' includes an air ambulance operator and the term `air transportation' includes any transportation provided by an air ambulance.''.
Air Ambulance Consumer Protection Act This bill requires the Department of Transportation (DOT) to establish an advisory committee to make recommendations for a rulemaking to: (1) require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill, and (2) provide other consumer protections for customers of air ambulance operators. The bill makes provisions relating to air transportation consumer complaints applicable to air ambulance transportation. It also allows an air ambulance customer to file a complaint requiring DOT to investigate whether air carriers or ticket agents have engaged in unfair or deceptive practices or unfair methods of competition. An air ambulance operator shall include the hotline telephone number established for consumer complaints on any invoice, bill, or other communication provided to a passenger or customer of the operator.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' ID Theft Protection Act of 2006''. SEC. 2. ACTIONS REQUIRED WITH RESPECT TO VETERANS ADMINISTRATION DATA BREACH. (a) In General.--With respect to the breach of data security that occurred, or is likely to have occurred, in May, 2006, at the Department of Veterans Affairs, the Secretary of Veterans Affairs shall take the following actions with respect to such breach in addition to any other actions the Secretary may determine to be appropriate. (1) System restoration requirements.--The Secretary shall take prompt and reasonable measures to-- (A) repair the breach and restore the security and confidentiality of the sensitive financial personal information involved to limit further unauthorized misuse of such information; and (B) restore the integrity of the Department's data security safeguards and make appropriate improvements to its data security policies and procedures. (2) Notice requirements.-- (A) In general.--The Secretary shall without unreasonable delay notify any person affected by the breach in the manner provided in this paragraph, as well as-- (i) each nationwide consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act with respect to the breach itself and each person affected by the breach; and (ii) any other appropriate critical third parties who will be required to undertake further action with respect to such information to protect such persons from resulting fraud or identity theft. (B) Content of notice.--Any notice required to be provided under subparagraph (A) by the Secretary to any person affected by the breach shall be provided in a standardized transmission or envelope clearly marked as containing an important notice from the Department of Veterans Affairs on stolen identity information, and shall include the following in a clear and conspicuous manner: (i) An appropriate heading or notice title. (ii) A description of the nature and types of information and accounts as appropriate that were, or are reasonably believed to have been, subject to the breach of data security. (iii) If known, the date, or the best reasonable approximation of the period of time, on or within which sensitive personal information related to the consumer was, or is reasonably believed to have been, subject to a breach. (iv) A general description of the actions taken by the Secretary to restore the security and confidentiality of the breached information. (v) A telephone number by which any person affected by the breach may call the Department of Veterans Affairs, free of charge, to obtain additional information about how to respond to the breach. (vi) A copy of the summary of rights of consumer victims of fraud or identity theft prepared by the Federal Trade Commission under section 609(d) of the Fair Credit Reporting Act, as well as any additional appropriate information on how the person affected by the breach may-- (I) obtain a copy of a consumer report free of charge in accordance with section 612 of the Fair Credit Reporting Act; (II) place a fraud alert in any file relating to the person at a consumer reporting agency under section 605A of such Act to discourage unauthorized use; and (III) contact the Federal Trade Commission for more detailed information. (vii) A prominent statement that file monitoring will be made available upon request in accordance with paragraph (3) to the person affected by the breach free of charge for a period of not less than 6 months, together with a telephone number at the Department of Veterans Affair for requesting such services. The statement may also include such additional contact information as a mailing address, e- mail, or Internet website address. (viii) The approximate date the notice is being issued. (C) Responsibility and costs.-- (i) In general.--The Secretary of Veterans Affairs shall be-- (I) responsible for providing any notices and file monitoring required under this section with respect to such breach; and (II) responsible for the reasonable actual costs of any notices provided under this section. (ii) No charge to persons affected by the breach.--The cost for the notices and file monitoring described in clause (i) may not be charged to the persons affected by the breach. (3) Free file monitoring.--The Secretary of Veterans Affairs, if requested by the person affected by the breach before the end of the 90-day period beginning on the date of such notice, shall make available to the person, free of charge and for at least a 6-month period a service that monitors nationwide credit activity regarding a consumer from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act. (b) Negotiating Authority.--The Secretary of Veterans Affairs shall have broad authority to secure the best possible price for credit monitoring services on behalf of taxpayers. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs the sum of $100,000,000 to carry out the requirements of this section.
Veterans' ID Theft Protection Act of 2006 - Directs the Secretary of Veterans Affairs to take specified actions in response to the May 2006 breach of Department of Veterans Affairs (VA) data security, including: (1) repairing the breach, restoring the security and confidentiality of the sensitive financial personal information involved and the integrity of data security safeguards, and improving data security policies and procedures; and (2) notifying affected persons, each nationwide consumer reporting agency, and any other third parties who will be required to act to protect such persons from fraud or identity theft. Makes the Secretary responsible for providing any notices and file monitoring required under this Act at no cost to the persons affected by the breach. Requires the Secretary to make available to a person affected, upon request, a service that monitors nationwide credit activity from a consumer reporting agency for six months for free.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Act of 2002''. SEC. 2. DISGORGEMENT REQUIRED. (a) Administrative Actions.--Within 30 days after the date of enactment of this Act, the Securities and Exchange Commission shall prescribe regulations to require disgorgement, in a proceeding pursuant to its authority under section 21A, 21B, or 21C (15 U.S.C. 78u-1, 78u- 2, 78u-3), of salaries, commissions, fees, bonuses, options, profits from securities transactions, and losses avoided through securities transactions obtained by an officer or director of an issuer during or for a fiscal year or other reporting period if such officer or director engaged in misconduct resulting in, or made or caused to be made in, the filing of a financial statement for such fiscal year or reporting period which-- (1) was at the time, and in the light of the circumstances under which it was made, false or misleading with respect to any material fact; or (2) omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading, (b) Judicial Proceedings.--Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following new paragraph: ``(5) Additional disgorgement authority.--In any action or proceeding brought or instituted by the Commission under the securities laws against any person-- ``(A) for engaging in misconduct resulting in, or making or causing to be made in, the filing of a financial statement which-- ``(i) was at the time, and in the light of the circumstances under which it was made, false or misleading with respect to any material fact; or ``(ii) omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading; or ``(B) for engaging in, causing, or aiding and abetting any other violation of the securities laws or the rules and regulations thereunder, such person, in addition to being subject to any other appropriate order, may be required to disgorge any or all benefits received from any source in connection with the conduct constituting, causing, or aiding and abetting the violation, including (but not limited to) salary, commissions, fees, bonuses, options, profits from securities transactions, and losses avoided through securities transactions.''. SEC. 3. CEO AND CFO ACCOUNTABILITY FOR DISCLOSURE. (a) Regulations Required.--The Securities and Exchange Commission shall by rule require, for each company filing periodic reports under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that the principal executive officer or officers and the principal financial officer or officers, or persons performing similar functions, certify in each annual or quarterly report filed or submitted under either such section of such Act that-- (1) the signing officer has reviewed the report; (2) based on the officer's knowledge, the report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading; (3) based on such officer's knowledge, the financial statements, and other financial information included in the report, fairly present in all material respects the financial condition and results of operations of the issuer as of, and for, the periods presented in the report; (4) the signing officers-- (A) are responsible for establishing and maintaining internal controls; (B) have designed such internal controls to ensure that material information relating to the issuer and its consolidated subsidiaries is made known to such officers by others within those entities, particularly during the period in which the periodic reports are being prepared; (C) have evaluated the effectiveness of the issuer's internal controls as of a date within 90 days prior to the report; and (D) have presented in the report their conclusions about the effectiveness of their internal controls based on their evaluation as of that date; (5) the signing officers have disclosed to the issuer's auditors and the audit committee of the board of directors (or persons fulfilling the equivalent function)-- (A) all significant deficiencies in the design or operation of internal controls which could adversely affect the issuer's ability to record, process, summarize, and report financial data and have identified for the issuer's auditors any material weaknesses in internal controls; and (B) any fraud, whether or not material, that involves management or other employees who have a significant role in the issuer's internal controls; and (6) the signing officers have indicated in the report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of their evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. (b) Deadline.--The rules required by subsection (a) shall be effective not later than 30 days after the date of enactment of this Act. SEC. 4. REMOVAL OF UNFIT CORPORATE OFFICERS. (a) Removal in Judicial Proceedings.-- (1) Securities act of 1933.--Section 20(e) of the Securities Act of 1933 (15 U.S.C. 77t(e)) is amended by striking ``substantial unfitness'' and inserting ``unfitness''. (2) Securities exchange act of 1934.--Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is amended by striking ``substantial unfitness'' and inserting ``unfitness''. (b) Removal in Administrative Proceedings.-- (1) Securities act of 1933.--Section 8A of the Securities Act of 1933 (15 U.S.C. 77h-1) is amended by adding at the end the following new subsection: ``(f) Authority to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 17(a)(1) of this title from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 or that is required to file reports pursuant to section 15(d) of that Act if the person's conduct demonstrates unfitness to serve as an officer or director of any such issuer.''. (2) Securities exchange act of 1934.--Section 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by adding at the end the following new subsection: ``(f) Authority to Prohibit Persons From Serving as Officers or Directors.--In any cease-and-desist proceeding under subsection (a), the Commission may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who has violated section 10(b) of this title or the rules or regulations thereunder from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of this title or that is required to file reports pursuant to section 15(d) of this title if the person's conduct demonstrates unfitness to serve as an officer or director of any such issuer.''.
Corporate Responsibility Act of 2002 - Instructs the Securities and Exchange Commission (SEC) to require disgorgement of salaries, commissions, fees, bonuses, options, profits, and losses avoided through securities transactions obtained by an officer or director of an issuer during a reporting period when such officer or director engaged in misconduct resulting in the filing of a false or materially misleading financial statement.Requires the principal executive officer or officers and the principal financial officer or officers to certify in each annual or quarterly report filed or submitted that: (1) the signing officer has reviewed the report and that it does not contain untrue statements of a material fact or omit a material fact; (2) such report fairly presents the financial condition and results of operation in all material respects; (3) the signing officers have established and maintained effective internal controls and disclosed to the auditors and the audit committee of the board of directors any significant deficiencies in such controls which could adversely affect financial data and any fraud, whether or not material; and (4) there were or were not changes in internal controls or other factors that could significantly affect such controls subsequent to their evaluation.Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to establish a standard of unfitness (as opposed to the current "substantial unfitness") for removal of corporate officers in a judicial, administrative, or cease-and-desist proceeding.Authorizes the SEC, in a cease-and-desist proceeding, to prohibit those who used manipulative and deceptive devices in the purchase, sale, or swap of securities from serving as officers as directors.
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SECTION 1. FINDINGS. Congress finds the following: (1) On November 4, 1979, the Iranian militants seized the United States Embassy in Tehran, Iran, and held 52 Americans hostage for 444 days until their negotiated release on January 20, 1981. (2) On January 19, 1981, the Department of State entered into a series of agreements with Iran that came to be known as the Algiers Accords. The accords established the United States- Iran Claims Tribunal to adjudicate United States and Iranian commercial claims. The Accords, however, sought to preclude the 52 American hostages or their families from bringing suit against Iran for their seizure, detention, torture, and injuries. (3) On December 29, 2000, the 52 American hostages and their spouses and children filed suit in the United States District Court for the District of Columbia, pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132). (4) On August 6, 2001, the District Court entered a default judgment against Iran after certifying the case as a class action. (5) The Department of State moved to vacate the decision of the District Court, despite Iran's continued refusal to appear in court. (6) In response to the motion to vacate by the Department of State, Congress amended the Antiterrorism and Effective Death Penalty Act of 1996 by adding language to allow the claim of the hostages to proceed to judgment. The accompanying Conference Report specifically stated that the amendment ``quashes the State Department's motion to vacate the judgment obtained by plaintiffs in Case Number 1:00CV03110 (ESG) in the United States District Court for the District of Columbia''. (7) Congress further reaffirmed this view by enacting section 208 of division B of Public Law 107-117, making a technical correction to the case number. (8) On May 12, 2003, during oral arguments, the United States Court of Appeals for the District of Columbia Circuit noted that the agreements reached pursuant to the Algiers Accords ``were at the point of a gun'', and observed that the Court ``doubt[ed] that the Government of the United States would defend this agreement on the theory that we would have entered into this voluntarily without them holding onto our hostages''. (9) On May 12, 2003, during oral arguments before the Court of Appeals, the attorneys representing the Department of Justice affirmed to the Court that ``both Congress and the President, both the political branches in other words, have the authority to abrogate the international obligations of the United States''. SEC. 2. STATEMENTS OF POLICY. (a) Pursuit of Justice and Accountability.--It is the policy of the United States, as articulated in the Antiterrorism and Effective Death Penalty Act of 1996 and in other United States laws, to seek justice for United States victims of terrorism and to hold terrorists and their state-sponsors accountable for their actions. (b) Preemption.--United States law regarding victims of terrorism supersedes the Algiers Accords and any other agreement with Iran stemming from the holding of American hostages in Iran from November 4, 1979, through January 20, 1981. SEC. 3. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN. (a) Inapplicability of Algiers Accords.--Any provision of the Algiers Accords, entered into with Iran on January 19, 1981, that purports to bar a citizen of the United States from prosecuting any claim in any court of the United States or to limit the jurisdiction of any court of the United States is hereby abrogated and deemed nonapplicable. (b) Common Fund for Hostages.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall commence payments to a common fund to be established and administered by the certified class representatives for the former American hostages in Iran and their survivors (as identified in case number 1:00CV03110 (EGS) of the United States District Court for the District of Columbia). Such common fund shall-- (A) be administered to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:00CV03110 (EGS) of the United States District Court for the District of Columbia; and (B) be administered solely for purposes of satisfying such claims, as approved by the certified class representatives identified in that case number. (2) Funding.--Payments to the fund under paragraph (1) shall be derived from the liquidation of blocked assets (as defined in section 201(d)(2) of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 28 U.S.C. 1610 note) with respect to Iran, and from amounts in the Iran Foreign Military Sales Fund account within the Foreign Military Sales Fund. The Secretary of the Treasury may liquidate such assets for purposes of this subsection. (3) Amount.--The Secretary of the Treasury shall make payments into the fund in amounts equal to-- (A) for each former hostage identified as a class member under paragraph (1)(A), $1,000 for each day of captivity; (B) for each spouse and child identified as a class member under pareagraph (1)(A), $500 for each day of captivity of the former hostages; and (C) interest on each amount under subparagraph (A) and (B), calculated at the daily prime rate, as determined by the Board of Governors of the Federal Reserve System, for the period from the date of the taking of the hostages until the date of payment under this section.
States that: (1) it is U.S. policy to seek justice for American victims of terrorism and to hold terrorists and their state-sponsors accountable for their actions; and (2) any provision of the Algiers Accords, entered into with Iran on January 19, 1981, that purports to bar a U.S. citizen from prosecuting any claim in any U.S. court or to limit the jurisdiction of any U.S. court is hereby abrogated and deemed nonapplicable. Directs the the Secretary of the Treasury to begin payments to a common fund to be: (1) established and administered by the certified class representatives for the former American hostages in Iran and their survivors (case number 1:00CV03110 (EGS) of the U.S. District Court for the District of Columbia); and (2) funded from the liquidation of blocked Iranian assets and from amounts in the Iran Foreign Military Sales Fund account (Foreign Military Sales Fund). Sets forth fund payment amounts for each former hostage and spouse and child identified as a class member.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Fraud Prosecution Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the special supplemental food program for women, infants, and children (WIC) established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) provides vital and nutritious foods to vulnerable Americans; (2) the improper diversion of WIC benefits by stores and other food vendors authorized to accept WIC food instruments harms the entire WIC program; and (3) severe penalties should be imposed on store owners and managers and WIC clinic employees engaged in trafficking in WIC food instruments. SEC. 3. DISQUALIFICATION AND CIVIL MONEY PENALTIES FOR WIC FOOD VENDORS; CRIMINAL PENALTIES. Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(q)(1) Except as provided in paragraph (2), any food vendor authorized to participate in the program authorized under subsection (c)(1) (referred to in this subsection as the `program') shall be permanently disqualified from further participation in the program, on a finding, made in accordance with regulations issued by the Secretary, that any owner, officer, supervisor, or manager of the vendor intentionally-- ``(A) trafficked in program food instruments or otherwise obtained program food instruments by buying the instruments at a discount in an unlawful manner; ``(B) obtained benefits purchased at a discount through the improper use of a program access device; or ``(C) sold or purchased firearms, ammunition, explosives, or controlled substances (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))) in exchange for, or with, program food instruments. ``(2) If the Secretary determines that disqualification of a food vendor would cause hardship to persons participating in the program, in lieu of disqualification under paragraph (1), the Secretary may impose on the vendor a civil money penalty of up to $20,000 for each violation described in paragraph (1). ``(3) Any owner, officer, supervisor, or manager of a program food vendor or any employee of a program clinic who intentionally traffics in program food instruments or otherwise obtains program food instruments by buying the instruments at a discount in a manner not permitted by law shall be guilty of a felony and shall be fined not more than $100,000 or imprisoned not more than 10 years, or both. ``(4)(A) At any time after imposing a money penalty under this subsection, the Secretary may request the Attorney General to institute a civil action to collect the penalty against a person subject to the penalty in a district court of the United States for any district in which the person is found, resides, or transacts business. ``(B) The court shall have jurisdiction to hear and decide the action. ``(C) In the action, the validity and amount of the penalty shall not be subject to review. ``(5)(A) The Secretary may impose a fine against any person not approved by the Secretary to accept program food instruments who violates this subsection or a regulation issued under this subsection, including a violation concerning the acceptance of program food instruments and including such violations by employees of program clinics. ``(B) The amount of the fine shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this subsection separately or in combination with any fiscal claim established by the Secretary. ``(C) The Attorney General may institute judicial action in any court of competent jurisdiction against the person to collect the fine. ``(6) Whoever presents, or causes to be presented, a program food instrument, or who uses a program access device, knowing that the instrument or device to have been received, transferred, or used in violation of this subsection or the regulations issued under this subsection shall be guilty of a felony and-- ``(A) on the first conviction of the felony, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both; and ``(B) on the second and any subsequent conviction of the felony, shall be imprisoned for not less than 1 year and not more than 5 years and may also be fined not more than $30,000. ``(7) In addition to other penalties imposed under this subsection, any person convicted of a violation of this subsection may be suspended by a court from participation in the program for a period of up to 2 years. ``(8)(A) The Secretary may subject to forfeiture and denial of property rights any nonfood item, money, negotiable instrument, security, vendor property (including a building), or other item of value that is furnished or intended to be furnished by any person in exchange for a program food instrument or program access device, or anything of value obtained by use of an access device or program food instruments, or which item or property is used in facilitating such trafficking, in any manner that violates this subsection or a regulation issued under this subsection. ``(B) Any forfeiture and disposal of property forfeited under this subsection for a violation described in subparagraph (A) shall be conducted in accordance with procedures specified in regulations issued by the Secretary.''. SEC. 4. DETECTION OF TRAFFICKING IN WIC FOOD INSTRUMENTS OR ACCESS DEVICES. Section 17(f)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' at the end of clause (xii); (B) by redesignating clause (xiii) as clause (xiv); and (C) by inserting after clause (xii) the following new clause: ``(xiii) a detailed plan for the detection and punishment of store owners or program food vendors for trafficking in food instruments or access devices used in connection with the program authorized subsection (c)(1), subject to subparagraph (F); and''; and (2) by adding at the end the following new subparagraph: ``(F)(i) The plan described in subparagraph (C)(xiii) shall target higher risk stores or vendors. ``(ii) The State agency shall set aside funds for carrying out subparagraph (C)(xiii). ``(iii) The State agency shall fully cooperate with the attorney general of a State, county attorneys, law enforcement officers, and Federal prosecutors or law enforcement personnel in any investigation of trafficking in food instruments or access devices used in connection with the program authorized under subsection (c)(1).''.
WIC Fraud Prosecution Act of 1994 - Amends the Child Nutrition Act of 1966 to set civil and criminal penalties with respect to trafficking in food instruments and other frauds in connection with the special supplement food program for women, infants, and children. Requires each State plan to include a detailed plan for the detection and punishment of store owners or food vendors for trafficking in food instruments or access devices.
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SECTION 1. FINDINGS. The Congress finds the following: (1) Mercy Ships was founded in 1978 and has worked in more than 70 countries, providing services valued at more than $1.3 billion, treating more than 2.56 million direct beneficiaries. (2) Mercy Ships owns and operates the world's largest private hospital ship, the Africa Mercy that has five state-of- the-art operating rooms and ward bed space for 82 patients. (3) Mercy Ships vessels are staffed by professional volunteer crew including surgeons, nurses, doctors, dentists, cooks, engineers, agriculturalists, teachers, and others. (4) Mercy Ships has performed more than 82,000 life- changing or life-saving operations such as cleft lip and palate repair, cataract removal, orthopedic procedures, facial reconstruction, obstetric fistula repair, and tumor removal. (5) Mercy Ships has treated over 147,000 dental patients including over 390,000 dental procedures. (6) Mercy Ships has trained more than 5,900 local professionals (including surgeons) who have in turn trained many others. (7) Mercy Ships has trained over 38,100 local professionals in their area of expertise including anesthesiology, midwifery, sterilization, orthopedic and reconstructive surgery, and leadership, thereby increasing medical capacity in the host nation. (8) Mercy Ships has taught over 198,000 local people in basic health care. (9) Mercy Ships has completed over 1,100 infrastructure development projects focusing on water and sanitation education, agriculture and construction projects which improve local health care delivery systems. (10) Annually, Mercy Ships has over 1,600 volunteers who help in locations around the world, 900 of which serve in Africa. At any given time, there are more than 400 crew from 40 nations onboard the Africa Mercy. (11) The Africa Mercy alone has had over 4,900 crew from 74 countries serve onboard since its inception in 2007. In addition, more than 950 local Day Workers from 12 different countries have served alongside since it first docked in Africa. (12) Mercy Ships has served some of the world's poorest populations and completed over 589 port visits in 55 developing nations and 18 developed nations for a total of 73 nations including: Australia, Bahamas, Benin, Belgium, Belize, Brazil, Canada, China, Congo Brazzaville, Columbia, Cuba, Denmark, Dominican Republic, El Salvador, Estonia, Faroe Islands, Fiji, France, Gabon, The Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea (West Africa), Guinea-Bissau, Guyana, Haiti, Honduras, Italy, Ivory Coast, Jamaica, Korea, Latvia, Liberia, Lithuania, Madagascar, Malta, Mexico, Montserrat, The Netherlands, New Caledonia, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Philippines, Poland, Russia, Samoa, Senegal, Sierra Leone, Solomon Islands, South Africa, Spain, St. Eustatius (NL), St. Kitts, St. Thomas, St. Vincent, Sweden, Tahiti, Togo, Tonga, Trinidad, the United Kingdom, the United States, and Vanuatu. (13) Through the years, Mercy Ships has had four hospital ships that have served in some of the poorest ports in the world. Those include: (A) The 16,500-ton Africa Mercy is the world's largest nongovernmental hospital ship and is dedicated to the continent of Africa. (B) The 522-foot Anastasis was the flag ship, and completed her first relief mission in 1982 to Guatemala. Her crew of 400 worked in Africa until she was decommissioned in 2007. (C) Acquired in 1994, the 265-foot Caribbean Mercy with her crew of 150 focused on the Caribbean basin and Central America with its Eye Surgery Unit. The ship was sold in 2006. (D) Donated in 1983, the 172-foot Good Samaritan served the Caribbean, Central and South America for 11 years with a crew of 60. Renamed the Island Mercy, she was redeployed to the South Pacific in 1994 and served there until sold in 2001. (E) Mercy Ships is currently building a new hospital ship to serve Africa's most needy for the next 50 years with delivery expected in 2018. The new vessel, larger than the Africa Mercy, will assume the title of world's largest private hospital ship with increased capacity building and a focus on healthcare training. It will also further the commitment of Mercy Ships to provide and promote through teaching, safe surgery globally as demonstrated by their membership in the G4 Alliance. (14) Mercy Ships has hosted Presidents and other heads of state from many nations around the world onboard their hospital ships who commended the free health care provided to their people. (15) Mercy Ships has been endorsed by President Nelson Mandela, President George Bush, Desmund Tutu, President Ellen Johnson Sirleaf, Sir John Major, President Dr. Ernest Bai Koroma, Tony Blair, President Jimmy Carter and First Lady Mary Flake de Flores. SEC. 2. 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 Congress, of a gold medal of appropriate design to Don and Deyon Stephens, Founders of Mercy Ships. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 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. 4. 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 sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Don and Deyon Stephens, founders of Mercy Ships.
{"src": "billsum_train", "title": "To award a Congressional Gold Medal to Don and Deyon Stephens, Founders of Mercy Ships, in recognition of nearly 40 years of service as the leaders of a humanitarian relief organization that exemplifies the compassionate character of America."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neutral Cost Recovery Act of 2001''. SEC. 2. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE AFTER DECEMBER 31, 2001. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end thereof the following new subsection: ``(k) Deduction Adjustment To Allow Equivalent of Expensing for Certain Property Placed in Service After December 31, 2001.-- ``(1) In general.--In the case of tangible property placed in service after December 31, 2001, the deduction under this section with respect to such property-- ``(A) shall be determined by substituting `150 percent' for `200 percent' in subsection (b)(1) in the case of property to which the 200 percent declining balance method would otherwise apply, and ``(B) for any taxable year after the taxable year during which the property is placed in service shall be-- ``(i) the amount determined under this section for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year. ``(2) Applicable neutral cost recovery ratio.--For purposes of paragraph (1)-- ``(A) In general.--The applicable neutral cost recovery ratio for the property for any taxable year is the number determined by-- ``(i) dividing-- ``(I) the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by ``(II) the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and ``(ii) then multiplying the number determined under clause (i) by the number equal to 1.035 to the nth power where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest \1/1000\. ``(B) Special rule for certain property.--In the case of property described in paragraph (2) or (3) of subsection (b) or in subsection (g), the applicable neutral cost recovery ratio shall be determined without regard to subparagraph (A)(ii). ``(3) Gross domestic product deflator.--For purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). ``(4) Election not to have subsection apply.--This subsection shall not apply to any property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable. ``(5) Churning transactions.--This subsection shall not apply to any property if this section would not apply to such property were subsection (f)(5)(A)(ii) applied by substituting `2002' for `1981' and `2001' for `1980'. ``(6) Additional deduction not to affect basis or recapture.-- ``(A) In general.--The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Minimum Tax Treatment.-- (1) Paragraph (1) of section 56(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Use of neutral cost recovery ratio.--In the case of property to which section 168(k) applies and which is placed in service after December 31, 2001, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(k)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(k)) apply.'' (2) Subparagraph (C) of section 56(g)(4) of such Code is amended by adding at the end the following new clause: ``(v) Neutral cost recovery deduction.-- Clause (i) shall not apply to the additional deduction allowable by reason of section 168(k).'' (c) Coordination With Depreciation Limitation on Certain Automobiles.--Clause (i) of section 280F(a)(1)(B) of such Code is amended by adding at the end the following new sentence: ``For purposes of this clause, the unrecovered basis of any passenger automobile shall be treated as including the additional amount determined under section 168 by reason of subsection (k) thereof to the extent not allowed as a deduction by reason of this paragraph for any taxable year in the recovery period.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001.
Amends the Internal Revenue Code to require that the depreciation deduction for tangible property placed in service after 2001 be computed using neutral cost recovery ratios.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that the deduction for depreciation shall be computed on a neutral cost recovery basis."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Energy Independence Act of 2007''. SEC. 2. EXTENSION AND MODIFICATION OF INVESTMENT TAX CREDIT WITH RESPECT TO SOLAR ENERGY PROPERTY AND QUALIFIED FUEL CELL PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking ``2008'' and inserting ``2017''. (b) Eligible Fuel Cell Property.--Paragraph (1)(E) of section 48(c) of the Internal Revenue Code of 1986 is amended by striking ``2007'' and inserting ``2016''. (c) Energy Property to Include Excess Energy Storage Device.-- Clause (i) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, or advanced energy storage systems installed as an integrated component of the foregoing, excepting property used to generate energy for purposes of heating a swimming pool,''. (d) Solar Lighting Equipment to Include Solar Hybrid Lighting Systems.--Clause (ii) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(ii) equipment which uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight,''. (e) Modifications.-- (1) Solar photovoltaic energy property credit determined solely by kilowatt capacity.-- (A) In general.--Subsection (a) of section 48 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rule for energy credit for solar photovoltaic energy property.-- ``(A) In general.--For purposes of section 46, the energy credit for any taxable year for solar photovoltaic energy property described in paragraph (3)(A)(i) which is used to generate electricity and which is placed in service during the taxable year is $1,500 with respect to each half kilowatt of capacity of such property. Paragraph (2)(A)(ii) shall not apply to property to which the preceding sentence applies. ``(B) Application of special rules for rehabilitated or subsidized property.--Rules similar to the rules of paragraphs (2)(B) and (5) shall apply to property to which this paragraph applies.''. (B) Conforming amendment.--Subclause (II) of section 48(a)(2)(A)(i) of such Code is amended by striking ``described in paragraph (3)(A)(i)'' and inserting ``which is described in paragraph (3)(A)(i) and to which paragraph (4) does not apply''. (f) Credits Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (defining specified credits) is amended by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the portion of the investment credit under section 46(2) as determined under clauses (i) and (ii) of section 48(a)(2)(A).''. (g) Effective Dates.-- (1) Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2007. (2) The amendments made by subsection (c) shall apply to property placed in service after December 31, 2006. SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2008'' and inserting ``2016''. (b) Solar Electric Property.--Paragraph (1) of section 25D(a) of such Code (relating to allowance of credit) is amended by striking ``30 percent of''. (c) Modification of Maximum Credit.--Paragraph (1) of section 25D(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended to read as follows: ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed-- ``(A) $1,500 with respect to each half kilowatt of installed capacity of qualified solar electric property for which qualified solar electric property expenditures are made, ``(B) $2,000 with respect to any qualified solar water heating property expenditures, and ``(C) $500 with respect to each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made.''. (d) Definition of Qualified Solar Water Heating Property Expenditure.--Paragraph (1) of section 25D(d) of such Code is amended by striking ``to heat water for use in'' and inserting ``to heat or cool (or provide hot water for use in)''. (e) Definition of Qualified Photovoltaic Property Expenditure.-- Paragraph (2) of section 25D(d) of such Code is amended by inserting ``, including advanced energy storage systems installed as an integrated component of the foregoing'' after ``taxpayer''. (f) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of the Internal Revenue Code of 1986 (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(3) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the 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 subpart A of part IV of subchapter A (other than this section) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) 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 succeeding taxable year.''. (B) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (C) Section 24(b)(3)(B) of such Code is amended by striking ``sections 23 and 25B'' and inserting ``sections 23, 25B, and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (g) Effective Date.--The amendments made by this section shall apply to expenditures made in taxable years beginning after December 31, 2006. SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR SOLAR ENERGY PROPERTY AND FUEL CELL PROPERTY. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting a comma, and by inserting after clause (iii) the following new clause: ``(iv) any property which is described in clause (i) or (ii) of section 48(a)(3)(A) (or would be so described if the last sentence of such section did not apply to such clause), and ``(v) any property which is described in clause (iv) of section 48(a)(3)(A).''. (b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows: ``(I) would be described in subparagraph (A) of section 48(a)(3) if `wind energy' were substituted for `solar energy' in clause (i) thereof and the last sentence of such section did not apply to such subparagraph,''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006.
Securing America's Energy Independence Act of 2007 - Amends the Internal Revenue Code to extend through 2016: (1) the energy tax credit for solar energy property and qualified fuel cell property; and (2) the tax credit for residential energy efficient property expenditures. Allows such credits to be applied against alternative minimum tax liability. Includes advanced energy storage systems as energy property for purposes of the tax credit. Provides for a special credit amount for solar photovoltaic energy property and residential energy efficient property based upon kilowatt capacity. Allows accelerated depreciation (three-year recovery period) for solar energy and fuel cell property.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the investment tax credit with respect to solar energy property and qualified fuel cell property, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Research for All Act of 2014''. SEC. 2. SUFFICIENCY OF DESIGN AND SIZE OF CLINICAL TRIALS DURING EXPEDITED REVIEW. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and develop policies, as appropriate, to ensure that the design and size of clinical trials for products granted expedited approval pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to determine the safety and effectiveness of such products for men and women using subgroup analysis. SEC. 3. EXPEDITED REVIEW OF DRUGS AND BIOLOGICAL PRODUCTS TO PROVIDE SAFER OR MORE EFFECTIVE TREATMENT FOR MALES OR FEMALES. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(g) Expedited Review of Drugs and Biological Products To Provide Safer or More Effective Treatment for Males or Females.-- ``(1) Eligible product.--The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if the drug-- ``(A) is intended-- ``(i) to avoid serious adverse events; or ``(ii) to treat a serious or life- threatening disease or condition; ``(B) whether alone or in combination with one or more other drugs or biological products, is intended for safer or more effective treatment for men or women than a currently available product approved to treat the general population or the other sex; and ``(C) is supported by results of clinical trials that include and separately examine outcomes for both men and women. ``(2) Designation.--At the request of the sponsor of an eligible product described in paragraph (1), the Secretary shall designate the drug as an expedited product to provide safer or more effective treatment for males or females. ``(3) Early and frequent communication.--The Secretary shall, with respect to each expedited product designated under this subsection, provide early and frequent communication and review of incomplete applications to the same extent and in the same manner as is provided under subsections (b) and (d). ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to lessen or otherwise alter the standard of safety and effectiveness required for the approval or licensing of drugs or biological products under section 505 of this Act or section 351 of the Public Health Service Act; or ``(B) to authorize application of the provisions of subsection (c) (relating to the use of surrogate endpoints) to expedited products designated under this subsection.''. (b) Technical Corrections.--Subsection (f) of section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) (relating to awareness efforts), as designated by section 902(a) of Public Law 112- 144, is amended-- (1) in paragraph (1), by striking ``and and'' and inserting ``and''; and (2) by moving such subsection (f) so that it follows subsection (e) of such section 506. SEC. 4. RESEARCH ON SEX DIFFERENCES. (a) Inclusion in NIH Research.-- (1) In general.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (B) by inserting after subsection (a) the following: ``(b) Inclusion of Sex Differences in Basic Research.-- ``(1) Applicability to basic research.-- ``(A) In general.--The Director of NIH shall determine when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(B) Deadline for initial determination; updates.--The Director of NIH-- ``(i) shall make the initial determinations required by subparagraph (A) not later than one year after the date of enactment of the Research for All Act of 2014; and ``(ii) may subsequently update or revise such determinations as the Director determines appropriate. ``(C) Consultation.--In making the initial determinations required by subparagraph (A), the Director of NIH-- ``(i) shall consult with the Office of Research on Women's Health, the Institute of Medicine, the Office of Laboratory Animal Welfare, and appropriate members of the scientific and academic communities; and ``(ii) may conduct outreach and educational initiatives within the scientific and academic communities on the influence of sex as a variable in basic research in order to develop a consensus within such communities on when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(2) Inclusion.--Beginning on the date that is 1 year after the date of enactment of the Research for All Act of 2014, in conducting or supporting basic research in accordance with paragraph (1), the Director of NIH shall, subject to paragraph (3), ensure that-- ``(A) in the case of research on cells or tissues-- ``(i) cells or tissues, as applicable, are derived from both male and female organisms in each project of such research; and ``(ii) the results are disaggregated according to whether the cells or tissues are derived from male or female organisms; and ``(B) in the case of animal research-- ``(i) both male and female animals are included as subjects in each project of such research; and ``(ii) the results are disaggregated according to whether the subjects are male or female. ``(3) Exception.--Paragraph (2) shall not apply to a project of basic research if the Director of NIH determines that the inclusion of cells or tissues derived from both male and female organisms, or the inclusion of both male and female animals as subjects, as applicable, is inappropriate in the case of such project.''. (2) Design of research.--Subsection (d) of section 492B of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended-- (A) by striking ``(d)'' and all that follows through ``In the case'' and inserting the following: ``(d) Design of Research.-- ``(1) Clinical trials.--In the case''; and (B) by adding at the end the following: ``(2) Basic research.--In the case of basic research in which cells or tissues derived from both male and female organisms will be included in accordance with subsection (b)(2)(A) or both male and female animals will be included as subjects in accordance with subsection (b)(2)(B), the Director of NIH shall ensure that sex differences are examined and analyzed, as appropriate.''. (3) Updating guidelines for clinical and basic research.-- Section 492B(f)(1) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended to read as follows: ``(1) Date certain; update.--The guidelines required in subsection (e) regarding the requirements of this section for clinical and basic research shall-- ``(A) be updated and published in the Federal Register not later than 1 year after the date of enactment of the Research for All Act of 2014; ``(B) reflect the growing understanding that sex differences matter; ``(C) ensure better enforcement of the requirements of this section by the personnel of the agencies of the National Institutes of Health responsible for reviewing grant proposals; and ``(D) include guidance on when research strongly supports or strongly negates the conclusion that there is a significant difference in how the variables being studied affect women or members of minority groups, as the case may be, relative to how such variables affect other subjects in the research.''. (4) Applicability.--Section 492B(f)(2) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended by adding at the end the following: ``For fiscal year 2016 and subsequent fiscal years, the Director of NIH may not approve any proposal of basic research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section.''. (5) Conforming changes.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) in the heading of subsection (a), by striking ``Requirement of Inclusion'' and inserting ``Inclusion in Clinical Research''; (B) in subsection (a)(1), by striking ``subsection (b)'' and inserting ``subsection (c)''; (C) in subsection (e)(1)(A), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''; (D) in subsection (e)(1)(B), as redesignated, by striking ``subsection (c)'' and inserting ``subsection (d)''; and (E) in subsection (e)(2), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''. (b) Biennial Reports of Director of NIH.--Subparagraph (C) of section 403(a)(4) of the Public Health Service Act (42 U.S.C. 283(a)(4)) is amended-- (1) by redesignating clause (vi) as clause (vii); and (2) by inserting after clause (v) the following: ``(vi) Basic research, including a breakdown of the sex of organisms from which cells and tissues are derived, a breakdown of the sex of animal subjects, and such other information as may be necessary to demonstrate compliance with section 492B (regarding sex differences in basic research).''. (c) Special Centers of Research on Sex Differences.--Part H of title IV of the Public Health Service Act is amended by inserting after section 492B of such Act (42 U.S.C. 289a-2) the following: ``SEC. 492C. SPECIAL CENTERS OF RESEARCH ON SEX DIFFERENCES. ``The Secretary may award grants or other support to entities for the continued operation and expansion of Special Centers of Research on Sex Differences.''. (d) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to lessen any standard or requirement set forth in part 1, 2, or 3 of subchapter A of chapter I of title 9, Code of Federal Regulations. SEC. 5. GAO REPORTS. Not later than 1 year after the date of enactment of the Research for All Act of 2014, the Comptroller General of the United States shall-- (1) submit to the Congress updated versions of the reports of the Government Accountability Office entitled ``Women's Health: NIH Has Increased Its Efforts To Include Women in Research'' (published in May 2000; GAO/HEHS-00-96) and ``Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement'' (published in July 2001; GAO-01-754); and (2) in such updated reports-- (A) examine the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; (B) examine how Federal agencies report and analyze subgroup information and translate any differences to the medical community and patients; (C) determine whether the quality of care which women receive is being negatively impacted by inclusion rates in basic and clinical research; and (D) address current efforts within National Institutes of Health and other government agencies to encourage the sharing of research data on sex differences and evaluate mechanisms to improve such sharing, including a publicly accessible online system that will conform with policies protecting commercial, proprietary, or private information.
Research for All Act of 2014 - Directs the Food and Drug Administration (FDA) to review and develop policies to ensure that the design and size of clinical trials for products granted expedited approval to treat a serious or life-threatening disease or condition are sufficient to determine the safety and effectiveness of the products for men and women using subgroup analysis. Amends the Federal Food, Drug, and Cosmetic Act to require FDA, at the request of the sponsor of a new drug, to facilitate the development and expedite its review if the drug is: intended to avoid serious adverse events or to treat a serious or life-threatening disease or condition, intended for safer or more effective treatment for either men or women than a currently available product approved to treat the general population or the other sex, and supported by results of clinical trials that include and separately examine outcomes for men and women. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to determine when it is appropriate for projects of basic research involving cells, tissues, or animals to include both male and female cells, tissues, or animals. Requires, in such cases, disaggregation of results according to sex. Provides guidelines for ensuring that sex differences are examined and analyzed. Authorizes the Secretary of Health and Human Services (HHS) to support the continued operation and expansion of Special Centers of Research on Sex Differences. Requires the Comptroller General (GAO) to provide to Congress updated versions of the reports entitled “Women's Health: NIH Has Increased Its Efforts To Include Women in Research” and “Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement,” including in the reports examination of: the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; federal reporting and analysis of subgroup information and the translation of differences to the medical community and patients; the effect of inclusion rates in research on the quality of women’s health care; and current efforts within government agencies to encourage the sharing of research data on sex differences and mechanisms to improve such sharing.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Aligning Incentives for Better Patient Care Act of 2011''. SEC. 2. PERMITTING CERTAIN INCENTIVE PAYMENTS THAT PROMOTE QUALITY AND EFFICIENCY. (a) In General.--Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the following new paragraph: ``(9) Incentive payments that promote quality and efficiency.--Any remuneration made, directly or indirectly, to a physician by a qualified hospital (as such term is defined in subsection (j)(2)) under the terms of a quality incentive agreement that meets the requirements of subsection (j)(1), for purposes of sharing cost savings generated for the hospital through the physician's voluntary participation in quality improvement activities under such agreement.''. (b) Requirements for Incentive Payments.--Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(j) Requirements for Exception for Incentive Payments That Promote Quality and Efficiency.-- ``(1) Quality incentive agreement.-- ``(A) In general.--A quality incentive agreement that meets the requirements of this paragraph is an agreement between a physician and a qualified hospital that meets the following requirements: ``(i) Quality improvement activities.--The agreement lists the quality improvement activities under the hospital's quality improvement program that the physician agrees to participate in under the agreement. ``(ii) Determination of remuneration.--The agreement specifies that remuneration will be made to the physician by the hospital for cost savings achieved through the physician's participation in the quality improvement activities under clause (i), and includes the methodology that will be used to determine-- ``(I) the cost savings achieved through the physician's participation in such activities; and ``(II) subject to any limitation under paragraph (3)(A), the amount of any remuneration made to the physician under such agreement. ``(iii) Records.--The agreement contains a requirement that the physician and the hospital retain records related to the agreement, including records related to any remuneration made under the agreement, for a period determined by the Secretary. At the request of the Secretary, the physician and the hospital shall make such records available to the Secretary for purposes of an audit conducted by the Secretary under paragraph (3)(B). ``(B) Limitation on basis of payment.--The quality incentive agreement under subparagraph (A) may not allow remuneration to be made on the basis of-- ``(i) the volume of referrals made by the physician to the hospital; ``(ii) the value of referrals made by the physician to the hospital; ``(iii) cost savings achieved through limiting or denying a beneficiary's access to items or services solely on the basis that such services are new or improved; or ``(iv) cost savings achieved through directly or indirectly reducing or restricting the provision of items and services which the physician involved determines to be medically necessary or medically appropriate. ``(2) Qualified hospital.-- ``(A) In general.--For purposes of this subsection, the term `qualified hospital' means a hospital that-- ``(i) has established and maintains a quality improvement program that contains a list of quality improvement activities that meet the requirements of subparagraph (B) that the hospital seeks to encourage physicians to participate in; ``(ii) makes payments to the Secretary under subparagraph (C); ``(iii) provides notice to beneficiaries that meet the requirements under subparagraph (D); ``(iv) complies with the requirements of subparagraph (E), related to physician independence; and ``(v) submits the annual report required under subparagraph (F). ``(B) Quality improvement activities.-- ``(i) In general.--With respect to a quality improvement program of a hospital under subparagraph (A)(i), a quality improvement activity is an activity-- ``(I) that is designed by the hospital to-- ``(aa) improve the quality of inpatient hospital care (including improvements in patient safety); and ``(bb) generate cost savings for the hospital; and ``(II) does not jeopardize patient health or safety. ``(ii) Flexibility.--A quality improvement activity may be designed to-- ``(I) be clinical or non-clinical in nature; ``(II) increase communication and coordination between physicians and other providers; ``(III) improve admission planning, discharge planning, operating room utilization, timely documentation of the medical record, or appropriate transfer of patients within departments of a hospital; ``(IV) reduce the rate of avoidable re-operations; ``(V) reduce avoidable readmissions; ``(VI) appropriately reduce the average length of stay for patients in a hospital; or ``(VII) make other appropriate quality improvements, based on quality improvement measures recommended by physician specialty societies, the National Quality Forum, the National Committee for Quality Assurance, and the Physician Consortium for Performance Improvement. ``(iii) Other requirements.-- ``(I) Quality and cost benchmarks.--The hospital shall include the quality and cost benchmarks that the hospital uses to determine if an activity is a quality improvement activity in the quality improvement program under subparagraph (A)(i). ``(II) Limitation.--A quality improvement program may not include incentives to encourage the hospital or a physician to avoid taking on difficult or complex cases, which, but for the remuneration permitted under subsection (e)(9), the hospital or provider would have taken on. ``(C) Shared savings with medicare.--For each year (except for the first such year) that a hospital makes remuneration under subsection (e)(9), the hospital shall make, at such time and in such manner as the Secretary may require, a payment to the Secretary in an amount that is determined by the Secretary, but exceeds one percent of cost savings generated in such year as a result of physician participation in quality improvement activities through a quality incentive agreement under paragraph (1). Any payments made by a hospital to the Secretary under this subparagraph shall be deposited in the Federal hospital insurance trust fund. ``(D) Notice requirements.-- ``(i) In general.--A hospital that is a party to a quality incentive agreement under paragraph (1) shall, during the period of such agreement-- ``(I) provide notice to each beneficiary who receives inpatient hospital services in such hospital that the hospital provides remuneration to physicians who voluntarily participate in such agreement; and ``(II) disclose and prominently display on the public Internet website of the hospital information about the hospital's participation in such agreement and the remuneration made under such agreement. ``(ii) Timing.--To the extent that is feasible, without compromising patient safety, the notice under clause (i)(I) shall be provided to a beneficiary before such beneficiary receives inpatient hospital services through the hospital. ``(E) Protection of physician independence.--A qualified hospital may not-- ``(i) require that any physician who works for the hospital (as an employee, an independent contractor, or in any other status) to enter into a quality incentive agreement under paragraph (1); or ``(ii) penalize such physician (except through a denial of remuneration under subsection (e)(9), subject to the terms of the agreement under paragraph (1)) for the failure of such physician to participate in the quality improvement activities under the hospital's quality improvement program. ``(F) Annual report.--A hospital shall submit to the Secretary an annual report that includes-- ``(i) a copy of the hospital's quality improvement program; ``(ii) a list of the major quality improvement activities for which remuneration was made under any quality incentive agreement to which the hospital is a party during the previous year; ``(iii) the amount of cost savings generated for the hospital by such quality improvement activities during such year; and ``(iv) the quality improvement activities that generated the most cost savings for the hospital. ``(3) Responsibilities of the secretary.-- ``(A) Authority to set limits to prevent misuse of incentive payments.--The Secretary may set a limit to the amount of remuneration that a hospital may make to a physician under an agreement under paragraph (1) for the purpose of the types of remuneration prohibited under clauses (i) or (ii) of paragraph (1)(B). ``(B) Audits.--The Secretary, may, in such time and manner as the Secretary may specify, audit a hospital or physician with respect to remuneration made pursuant to a quality incentive agreement under paragraph (1). ``(C) Public disclosure of participating hospitals on website.--The Secretary shall maintain and publish a list of hospitals that have quality incentive agreements under paragraph (1) on the Medicare.gov Internet website of the Centers for Medicare & Medicaid Services.''. (c) Quality Incentive Ombudsman.--Section 1808(c) of such Act (42 U.S.C. 1395b-9(c)) is amended by adding at the end the following new paragraph: ``(4) Quality incentive ombudsman.-- ``(A) In general.--The Secretary shall provide a quality incentive ombudsman with Centers for Medicare & Medicaid Services, who shall respond to complaints and inquiries made by individuals described under paragraph (2)(A), hospitals, and physicians relating to the remuneration permitted under section 1877(e)(9). ``(B) Office and report.--The quality incentive ombudsman may be within the office of the Medicare Beneficiary Ombudsman appointed under paragraph (1), and the activities of the quality incentive ombudsman shall be included in the report under paragraph (2)(C).''. (d) Regulations.-- (1) In general.--Not later than January 1, 2014, the Secretary of Health and Human Services shall promulgate regulations to implement subsections (e)(9) and (j) of section 1887 of the Social Security Act, as added by subsection (a). Such regulations may include model quality incentive agreements and quality improvement programs. (2) Consultation.--In developing the regulations under paragraph (1), the Secretary of Health and Human Services shall consult with physician specialty societies, hospitals, and individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act. (3) Federal trade commission and department of justice.-- Not later than January 1, 2014, to the extent that quality incentive agreements under section 1877(j) of the Social Security Act may implicate anti-trust laws and regulations, the Federal Trade Commission and the Attorney General shall review such laws and regulations and shall issue regulations or guidance that includes examples of quality incentive agreements (as such term is used in section 1877(j) of the Social Security Act) that are permitted under such laws and regulations, and examples of such agreements that are not permitted under such laws and regulations. (e) Effective Date.--The amendments made by this section shall apply to remuneration made on or after January 1, 2014. SEC. 3. EXCEPTION TO CIVIL MONETARY PENALTIES FOR CERTAIN INCENTIVE PAYMENTS. Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a- 7a(b)(1)) is amended, in the matter preceding subparagraph (A), by inserting ``(except for remuneration made pursuant to section 1877(e)(9))'' after ``makes a payment''. SEC. 4. ESTABLISHMENT OF A SAFE HARBOR FROM CERTAIN CRIMINAL PENALTIES TO PROVIDE FOR USE OF INCENTIVE PAYMENT PROGRAMS BETWEEN PHYSICIANS AND HOSPITALS. Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a- 7b(b)(3)) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(K) any remuneration between a hospital and a physician made pursuant to section 1877(e)(9).''.
Aligning Incentives for Better Patient Care Act of 2011 [sic] - Amends title XVIII (Medicare) of the Social Security Act to: (1) except from the prohibition against certain physician referrals and other compensation any incentive payments promoting quality and efficiency that are made under a quality incentive agreement between a physician and a qualified hospital, (2) prescribe requirements for such agreements, and (3) direct the Secretary of Health and Human Services (HHS) to provide a quality incentive ombudsman with the Centers for Medicare & Medicaid Services. Amends SSA title XI to exempt such incentive payments from certain civil money penalties as well as from criminal penalites for illegal remunerations.
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SECTION 1. SHORT TITLE. This Act may be referred to as the ``Farmer's Privacy Act of 2012''. SEC. 2. LIMITATION ON USE OF AERIAL SURVEILLANCE. (a) Aerial Surveillance Restricted.--Subject to subsection (b), in exercising any authority under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Administrator may not conduct aerial surveillance of agricultural land. (b) Exceptions.--The Administrator may conduct aerial surveillance of agricultural land under the Federal Water Pollution Control Act if the Administrator-- (1) has obtained the voluntary written consent of the owner or operator of the land to be surveilled in accordance with section 3; or (2) has obtained a certification of reasonable suspicion in accordance with section 4. SEC. 3. VOLUNTARY WRITTEN CONSENT. (a) Consent Required.--In order to conduct aerial surveillance under section 2(b)(1), the Administrator shall obtain from the owner or operator of the land to be surveilled written consent to such surveillance. (b) Contents.--The Administrator shall ensure that any written consent required under subsection (a)-- (1) specifies the period during which the consent is effective, which may not exceed one year; (2) contains a specific description of the geographical area to be surveilled; and (3) if requested by the owner or operator of the land to be surveilled, contains limitations on the days and times during which the surveillance may be conducted. (c) Assurance of Voluntary Consent.--The Administrator shall ensure that any written consent required under subsection (a) is granted voluntarily by the owner or operator of the land to be surveilled, and the Administrator may not threaten additional, more detailed, or more thorough inspections, or otherwise coerce or entice such owner or operator, in order to obtain such consent. SEC. 4. CERTIFICATION OF REASONABLE SUSPICION. (a) In General.--In order to conduct aerial surveillance under section 2(b)(2), the Administrator shall obtain a certification of reasonable suspicion from the United States District Court for the District of Columbia in accordance with this section. (b) Certification Requirements.--The court may issue to the Administrator a certification of reasonable suspicion if-- (1) the Administrator submits to the court an affidavit setting forth specific and articulable facts that would indicate to a reasonable person that a violation of the Federal Water Pollution Control Act exists in the area to be surveilled; and (2) the court finds that the Administrator has shown reasonable suspicion that an owner or operator of agricultural land in the area to be surveilled has violated the Federal Water Pollution Control Act. SEC. 5. DISCLOSURE OF INFORMATION. (a) In General.--Except as provided in subsection (c), or for the purposes of an investigation or prosecution by the Administrator as described in section 6, the Administrator may not disclose information collected through aerial surveillance conducted under section 2(b). (b) Applicability of FOIA.--Section 552 of title 5, United States Code, shall not apply to any information collected through aerial surveillance conducted under section 2(b) of this Act. (c) Right to Petition.--The owner or operator of land surveilled under this Act has the right to petition for copies of the information collected through such surveillance. SEC. 6. DESTRUCTION OF INFORMATION. The Administrator shall destroy information collected through aerial surveillance conducted under section 2(b) not later than 30 days after collection, unless the information is pertinent to an active investigation or prosecution by the Administrator. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be interpreted as expanding the power of the Administrator to inspect, monitor, or conduct surveillance of agricultural lands pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any other Federal law. SEC. 8. DEFINITIONS. In this Act: (1) Aerial surveillance.--The term ``aerial surveillance'' means any surveillance from the air, including-- (A) surveillance conducted from manned or unmanned aircraft; or (B) the use of aerial or satellite images, regardless of whether the images are publicly available. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency, or in the case of an action taken pursuant to a permit program approved under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), the head of the State agency administering the program. (3) Agricultural land.--The term ``agricultural land'' means land used primarily for agricultural production, including cropland, grassland, prairie land, improved pastureland, rangeland, cropped woodland, marshes, reclaimed land, fish or other aquatic species habitat, and land used for agro-forestry or the production of livestock. (4) Court.--The term ``court'' means the United States District Court for the District of Columbia.
Farmer's Privacy Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA), in exercising any authority under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from conducting aerial surveillance of agricultural land unless the Administrator has: (1) obtained the voluntary written consent of the owner or operator of the land to be surveilled, and (2) obtained from the U.S. District Court for the District of Columbia a certification of reasonable suspicion that a violation of the Act exists in the area to be surveilled. Requires the Administrator to ensure that such consent: (1) specifies a period of up to one year during which the consent is effective, (2) contains a specific description of the geographical area to be surveilled, (3) contains limitations on the days and times during which the surveillance may be conducted if requested by such owner or operator, and (4) is granted voluntarily. Prohibits the Administrator from threatening additional, more detailed, or more thorough inspections or coercing or enticing such owner's or operator's consent. Prohibits the Administrator, except where a land operator or owner has petitioned for copies of information collected through aerial surveillance permitted under this Act or where the information is pertinent to an active EPA investigation or prosecution, from disclosing information collected through such surveillance. Excepts information collected through such surveillance from the Freedom of Information Act. Requires the destruction of information collected through aerial surveillance conducted under this Act not later than 30 days after collection, unless it is pertinent to an active EPA investigation or prosecution.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Treto Garza Far South Texas Veterans Inpatient Care Act of 2013''. SEC. 2. INPATIENT HEALTH CARE FACILITY AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY IN HARLINGEN, TEXAS. (a) Findings.--Congress makes the following findings: (1) The current and future health care needs of veterans residing in Far South Texas are not being fully met by the Department of Veterans Affairs. (2) According to recent census data, more than 108,000 veterans reside in Far South Texas. (3) Travel times for veterans from the Valley Coastal Bend area from their homes to the nearest Department of Veterans Affairs hospital for acute inpatient health care can exceed six hours. (4) Even with the significant travel times, veterans from Far South Texas demonstrate a high demand for health care services from the Department of Veterans Affairs. (5) Ongoing overseas deployments of members of the Armed Forces from Texas, including members of the Armed Forces on active duty, members of the Texas National Guard, and members of the other reserve components of the Armed Forces, will continue to increase demand for medical services provided by the Department of Veterans Affairs. (6) The Department of Veterans Affairs employs an annual Strategic Capital Investment Planning process to ``enable the VA to continually adapt to changes in demographics, medical and information technology, and health care delivery'', which results in the development of a multi-year investment plan that determines where gaps in services exist or are projected and develops an appropriate solution to meet those gaps. (7) According to the Department of Veterans Affairs, final approval of the Strategic Capital Investment Planning priority list serves as the ``building block'' of the annual budget request for the Department. (8) Arturo ``Treto'' Garza, a veteran who served in the Marine Corps, rose to the rank of Sergeant, and served two tours in the Vietnam War, passed away on October 3, 2012. (9) Treto Garza, who was also a former co-chairman of the Veterans Alliance of the Rio Grande Valley, tirelessly fought to improve health care services for veterans in the Rio Grande Valley, with his efforts successfully leading to the creation of the South Texas VA Health Care Center at Harlingen, located in Harlingen, Texas. (b) Redesignation of South Texas Department of Veterans Affairs Health Care Center.-- (1) In general.--The South Texas Department of Veterans Affairs Health Care Center at Harlingen, located in Harlingen, Texas, is redesignated as the ``Treto Garza South Texas Department of Veterans Affairs Health Care Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the medical facility of the Department of Veterans Affairs referred to in paragraph (1) shall be deemed to be a reference to the ``Treto Garza South Texas Department of Veterans Affairs Health Care Center''. (c) Requirement of Full-Service Inpatient Facility.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the Treto Garza South Texas Department of Veterans Affairs Health Care Center includes a full-service inpatient health care facility of the Department and shall modify the existing facility as necessary to meet that requirement. (2) Plan to expand facility capabilities.--The Secretary shall include in the annual Strategic Capital Investment Plan of the Department a project to expand the capabilities of the Treto Garza South Texas Department of Veterans Affairs Health Care Center by adding the following: (A) Inpatient capability for 50 beds with appropriate administrative, clinical, diagnostic, and ancillary services needed for support. (B) An urgent care center. (C) The capability to provide a full range of services to meet the needs of women veterans. (d) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report detailing a plan to implement the requirements in subsection (c), including an estimate of the cost of required actions and the time necessary for the completion of those actions. (e) Far South Texas Defined.--In this section, the term ``Far South Texas'' means the following counties in Texas: Aransas, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria, Webb, Willacy, Zapata.
Treto Garza Far South Texas Veterans Inpatient Care Act of 2013 - Redesignates the Department of Veterans Affairs Health Care Center in Harlingen, Texas, as the "Treto Garza South Texas Department of Veterans Affairs Health Care Center." Directs the Secretary of Veterans Affairs (VA) to: (1) ensure that such Center includes a full-service inpatient health care facility, (2) modify the existing facility to meet such requirement, and (3) include in the annual VA strategic capital investment plan a project to expand the Center's capabilities to provide increased inpatient capacity, an urgent care center, and a full range of services for women veterans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Disaster Relief Act of 2014''. SEC. 2. WAIVER OF 10-PERCENT PENALTY ON QUALIFIED NATURAL DISASTER DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS. (a) In General.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Qualified natural disaster distributions.-- ``(i) In general.--Any qualified natural disaster distribution. ``(ii) Cross reference.--For definitions and rules related to qualified natural disaster distributions, see paragraph (11).''. (b) Definitions and Special Rules.--Section 72(t) of such Code is amended by adding at the end the following new paragraph: ``(11) Qualified natural disaster distributions.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified natural disaster distribution' means any distribution from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), to an individual if-- ``(i) such individual sustained an economic loss by reason of a federally declared disaster, ``(ii) the principal place of abode of such individual on the disaster declaration date is in the disaster area, and ``(iii) such distribution is made during the 1-year period beginning on the disaster declaration date. ``(B) Aggregate dollar limitation.-- ``(i) In general.--The aggregate amount of distributions received by an individual which may be treated as qualified natural disaster distributions for any taxable year with respect to any federally declared disaster shall not exceed the excess (if any) of-- ``(I) $100,000, over ``(II) the aggregate amounts treated as qualified natural disaster distributions with respect to such federally declared disaster received by such individual for all prior taxable years. ``(ii) Treatment of plan distributions.--If a distribution to an individual would (without regard to clause (i)) be a qualified natural disaster distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified natural disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. ``(iii) Controlled group.--For purposes of clause (ii), the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(C) Amount distributed may be repaid.--Any individual who receives a qualified natural disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this subparagraph. ``(D) Federally declared disaster.--For purposes of this paragraph-- ``(i) In general.--The term `federally declared disaster' means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(ii) Disaster area.--The term `disaster area' means the area so determined to warrant such assistance. ``(iii) Disaster declaration date.--The term `disaster declaration date' means the date of such determination.''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
Homeowner Disaster Relief Act of 2014 - Amends the Internal Revenue Code to exempt any qualified natural disaster distribution from the 10% penalty on premature distributions from tax-exempt retirement plans. Defines "qualified natural diasaster distribution" as a distribution from a retirement plan to an individual if: (1) such individual sustained an economic loss due to a federally-declared disaster, (2) the principal place of abode of such individual on the disaster declaration date is in the disaster area, and (3) such distribution is made during the one-year period beginning on the disaster declaration date.  
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Research in Urology Act of 2003''. SEC. 2. RESEARCH, TRAINING, AND HEALTH INFORMATION DISSEMINATION WITH RESPECT TO UROLOGIC DISEASES. (a) Division Director of Urology.--Section 428 of the Public Health Service Act (42 U.S.C. 285c-2) is amended-- (1) in subsection (a)(1), by striking ``and a Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``a Division Director for Urologic Diseases, and a Division Director for Kidney and Hematologic Diseases''; and (2) in subsection (b)-- (A) by striking ``and the Division Director for Kidney, Urologic, and Hematologic Diseases'' and inserting ``the Division Director for Urologic Diseases, and the Division Director for Kidney and Hematologic Diseases''; and (B) by striking ``(1) carry out programs'' and all that follows through the end and inserting the following: ``(1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 487) in the diagnosis, prevention, and treatment of diabetes mellitus and endocrine and metabolic diseases, digestive diseases and nutritional disorders, and kidney, urologic, and hematologic diseases, including support for training in medical schools, graduate clinical training (with particular attention to programs geared to the needs of urology residents and fellows), graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; ``(2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training; ``(3) in cooperation with the urologic scientific and patient community, develop and submit to the Congress not later than January 1, 2006, a national urologic research plan that identifies research needs in the various areas of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases; and ``(4) in cooperation with the urologic scientific and patient community, review the national urologic research plan every 3 years beginning in 2009 and submit to the Congress any revisions or additional recommendations.''; and (3) at the end of the section, by adding the following: ``(c) There are authorized to be appropriated $500,000 for each of fiscal years 2004 and 2005 to carry out paragraphs (3) and (4) of subsection (b), and such sums as may be necessary thereafter.''. (b) Urologic Diseases Data System and Information Clearinghouse.-- Section 427 of the Public Health Service Act (42 U.S.C. 285c-1) is amended-- (1) in subsection (c), by striking the terms ``and Urologic'' and ``and urologic'' each place either such term appears; and (2) by adding at the end the following: ``(d) The Director of the Institute shall-- ``(1) establish the National Urologic Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with urologic diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing urologic diseases; and ``(2) establish the National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases on the part of health professionals, patients, and the public through the effective dissemination of information.''. (c) Strengthening the Urology Interagency Coordinating Committee.-- Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is amended-- (1) in subsection (a), by striking ``and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee'' and inserting ``a Urologic Diseases Interagency Coordinating Committee, and a Kidney and Hematologic Diseases Interagency Coordinating Committee''; (2) in subsection (b), by striking ``the Chief Medical Director of the Veterans' Administration,'' and inserting ``the Under Secretary for Health of the Department of Veterans Affairs''; and (3) by adding at the end the following: ``(d) The urology interagency coordinating committee may encourage, conduct, or support intra- or interagency activities in urology research, including joint training programs, joint research projects, planning activities, and clinical trials. ``(e) For the purpose of carrying out the activities of the Urologic Diseases Interagency Coordinating Committee, there are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter.''. (d) National Urologic Diseases Advisory Board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4) is amended by striking ``and the National Kidney and Urologic Diseases Advisory Board'' and inserting ``the National Urologic Diseases Advisory Board, and the National Kidney Diseases Advisory Board''. (e) Expansion of O'Brien Urologic Disease Research Centers.-- (1) In general.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended in the matter preceding paragraph (1) by inserting ``There shall be no fewer than 15 such centers focused exclusively on research of various aspects of urologic diseases, including pediatrics, interstitial cystitis, incontinence, stone disease, urinary tract infections, and benign prostatic diseases.'' before ``Each center developed''. (2) Authorization of appropriations.--Section 431 of the Public Health Service Act (42 U.S.C. 285c-5) is amended by adding at the end the following: ``(f) There are authorized to be appropriated for the urologic disease research centers described in subsection (c) $22,500,000 for each of fiscal years 2004 through 2008, and such sums as are necessary thereafter.''. (3) Technical amendment.--Subsection (c) of section 431 of the Public Health Service Act (42 U.S.C. 285c-5(c)) is amended at the beginning of the unnumbered paragraph-- (A) by striking ``shall develop and conduct'' and inserting ``(2) shall develop and conduct''; and (B) by aligning the indentation of such paragraph with the indentation of paragraphs (1), (3), and (4). (f) Subcommittee on Urologic Diseases.--Section 432 of the Public Health Service Act (42 U.S.C. 285c-6) is amended by striking ``and a subcommittee on kidney, urologic, and hematologic diseases'' and inserting ``a subcommittee on urologic diseases, and a subcommittee on kidney and hematologic diseases''. (g) Loan Repayment to Encourage Urologists and Other Scientists to Enter Research Careers.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting after section 434A the following: ``loan repayment program for urology research ``Sec. 434B. (a) Establishment.--Subject to subsection (b), the Secretary shall carry out a program of entering into contracts with appropriately qualified health professionals or other qualified scientists under which such health professionals or scientists agree to conduct research in the field of urology, as employees of the National Institutes of Health or of an academic department, division, or section of urology, in consideration of the Federal Government agreeing to repay, for each year of such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals or scientists. ``(b) Limitation.--The Secretary may not enter into an agreement with a health professional or scientist pursuant to subsection (a) unless the professional or scientist-- ``(1) has a substantial amount of educational loans relative to income; and ``(2) agrees to serve as an employee of the National Institutes of Health or of an academic department, division, or section of urology for purposes of the research requirement of subsection (a) for a period of not less than 3 years. ``(c) Applicability of Certain Provisions.--Except as inconsistent with this section, the provisions of subpart 3 of part D of title III apply to the program established under subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established under such subpart.''. (h) Authorization of Appropriations for Urology Research.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) (as amended by subsection (g)) is further amended by inserting after section 434B the following: ``authorization of appropriations for urology research ``Sec. 434C. There are authorized to be appropriated to the Director of NIH for the purpose of carrying out intra- and interagency activities in urology research (including training programs, joint research projects, and joint clinical trials) $5,000,000 for each of fiscal years 2004 through 2008, and such sums as may be necessary thereafter. Amounts authorized to be appropriated under this section shall be in addition to amounts otherwise available for such purpose.''.
Training and Research in Urology Act of 2003 - Amends the Public Health Service Act to establish a Division Director for Urologic Diseases in the National Institute of Diabetes and Digestive and Kidney Diseases (the Institute). Requires the Director of the Institute (the Director) to give particular attention to supporting research and training programs geared to the needs of urology residents and fellows. Directs the Director to submit to Congress a national urologic research plan, and to review such plan every three years.Requires the Director to establish a National Urologic Diseases Data System for collecting and disseminating data from patients with urologic diseases, and a National Urologic Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of urologic diseases.Directs the Secretary of Health and Human Services to form a Urologic Diseases Interagency Coordinating Committee to further urology research, and a National Urologic Diseases Advisory Board. Directs that of the centers developed for research in kidney and urologic diseases under the Act, at least 15 shall focus exclusively on urologic diseases.Establishes within the advisory council for the Institute a subcommittee on urologic diseases. Directs the Secretary to establish a loan repayment program for urology research, with certain provisions of the Act to apply to the new program as such provisions apply to the National Health Service Corps Loan Repayment Program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Government Act of 2007''. SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS. Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ``money or property'' and inserting ``money, property, or any other thing of value''. SEC. 3. VENUE FOR FEDERAL OFFENSES. (a) Venue Includes Any District in Which Conduct in Furtherance of an Offense Takes Place.--Subsection (a) of section 3237 of title 18, United States Code, is amended to read as follows: ``(a) Except as otherwise provided by law, an offense against the United States may be inquired of and prosecuted in any district in which any conduct required for, or any conduct in furtherance of, the offense took place, or in which the offense was completed.''. (b) Conforming Amendments.-- (1) Section heading.--The heading for section 3237 of title 18, United States Code, is amended to read as follows: ``Sec. 3237. Offense taking place in more than one district''. (2) Table of sections.--The table of sections at the beginning of chapter 211 of title 18, United States Code, is amended so that the item relating to section 3237 reads as follows: ``3237. Offense taking place in more than one district.''. SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. Section 641 of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 6. BRIBERY AND GRAFT. Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``fifteen years'' and inserting ``30 years''; and (2) in subsection (c), by striking ``two years'' and inserting ``five years''. SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States''. SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. Paragraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ``the official's official position or'' before ``any official act''. SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''. Section 201(a)(3) of title 18, United States Code, is amended by striking ``any decision'' and all that follows through ``profit'' and inserting ``any decision or action within the range of official duty of a public official''. SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under sections 201, 641, 666, 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements. (b) Requirements.--In carrying out this subsection, the Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress' intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) Consider the extent to which the guidelines may or may not appropriately account for.-- (A) the potential and actual harm to the public and the amount of any loss resulting from the offense; (B) the level of sophistication and planning involved in the offense; (C) whether the offense was committed for purposes of commercial advantage or private financial benefit; (D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the federal, state or local government; and (F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.
Clean Up Government Act of 2007 - Amends the federal criminal code to: (1) expand mail and wire fraud prohibitions to include fraudulent use of the mails or wire to obtain any thing of value (currently, limited to money or property); (2) expand venue for prosecutions of federal offenses; (3) increase prison terms for theft or bribery concerning programs receiving federal funds and for bribery of public officials and witnesses; (4) include theft of District of Columbia property in the federal crime of stealing public money, property or records; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase penalties for public corruption.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2011''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to 24 percent of GDP in 2010. (B) Total Federal debt exceeds $14 trillion and has increased $4 trillion in the past three years alone. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $24 trillion by 2021. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) From 1980 to 2010, Federal revenues averaged 18 percent of GDP and are projected to return to that level within the next decade. (4) Absent reform, the growth of Social Security, Medicare, and Medicaid will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``(a) Outlay Caps.--In this section, the term `outlay cap' means: ``(1) Fiscal year 2012.--For fiscal year 2012, the aggregate outlays (less net interest payments) for fiscal year 2012 shall be $3,382,000,000,000, less one percent. ``(2) Fiscal year 2013.--For fiscal year 2013, the aggregate outlays (less net interest payments) for fiscal year 2013 shall be the amount computed under paragraph (1), less one percent. ``(3) Fiscal year 2014.--For fiscal year 2014, the aggregate outlays (less net interest payments) for fiscal year 2014 shall be the amount computed under paragraph (2), less one percent. ``(4) Fiscal year 2015.--For fiscal year 2015, the aggregate outlays (less net interest payments) for fiscal year 2015 shall be the amount computed under paragraph (3), less one percent. ``(5) Fiscal year 2016.--For fiscal year 2016, the aggregate outlays (less net interest payments) for fiscal year 2016 shall be the amount computed under paragraph (4), less one percent. ``(6) Fiscal year 2017.--For fiscal year 2017, the aggregate outlays (less net interest payments) for fiscal year 2017 shall be the amount computed under paragraph (5), less one percent. ``(7) Fiscal year 2018 and subsequent fiscal years.--(A) For fiscal year 2018 and each subsequent fiscal year, the aggregate outlays shall be 18 percent of the gross domestic product for that fiscal year as estimated by OMB prior to March of the previous fiscal year. ``(B) Notwithstanding paragraph (A), for any fiscal year beginning with fiscal year 2019, the aggregate projected outlays may not be less than the aggregate projected outlays for the preceding fiscal year. ``(b) Sequestration.-- ``(1) In general.-- ``(A) Excess spending.--Not later than 45 calendar days after the beginning of a fiscal year, OMB shall conduct a sequestration to eliminate the excess outlay amount. ``(B) Definitions.-- ``(i) For fiscal years 2012 through 2017 and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays (less net interest payments) for a fiscal year exceeds the outlay cap for that fiscal year. ``(ii) For fiscal year 2018 and in subsequent fiscal years and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays for a fiscal year exceeds the outlay cap for that fiscal year. ``(2) Sequestration.-- ``(A) On August 15 of each year, CBO shall issue a sequestration preview report as described in section 254(c)(4). ``(B) On August 20 of each year, OMB shall issue a sequestration preview report as described in section 254(c)(4). ``(C) On October 31 of each year, OMB shall issue its final sequestration report as described in section 254(f)(3). It shall be accompanied by a Presidential order detailing uniform spending reductions equal to the excess outlay amount as defined in this section. ``(D) The reductions shall generally follow the process set forth in section 253 and 254, except as provided in this section. ``(3) Congressional action.--If the August 20 OMB report projects a sequestration, the Committees on Budget of the Senate and House of Representatives may report a resolution directing their committees to change the existing law to achieve the spending reductions outlined in the August 20 report necessary to meet the outlay limits. ``(c) No Exempt Programs.--Section 255 and section 256 shall not apply to this section, except that payments for net interest (budget function 900) shall be exempt from the spending reductions under sequestration. ``(d) Look Back.--If, after November 14, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlay amount for the next fiscal year shall be increased by the amount or amounts of that breach.''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2012 through 2017: the aggregate projected outlays (less net interest payment), less one percent. ``(ii) For budget year 2018 and each subsequent budget year: the estimated gross domestic product (GDP) for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these report shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The report shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (3) Repeal of expiration date.--Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply to fiscal year 2012 and subsequent fiscal years, including any reports and calculations required for implementation in fiscal year 2012.
One Percent Spending Reduction Act of 2011 - Amends the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the aggregate outlay (outlay cap) (less net interest payments) for FY2012 at $3.382 billion, less 1%. Reduces each outlay cap for FY2013-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and each subsequent fiscal year to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits the outlay caps from being less than those for the preceding fiscal year for FY2019 and any ensuing fiscal year. Requires a sequestration by OMB within 45 days after the beginning of a fiscal year to eliminate any excess outlay amount. Prescribes requirements for Congressional Budget Office (CBO) and OMB sequestration preview reports and an OMB final sequestration report, accompanied by a presidential order detailing uniform spending reductions equal to the excess outlay amount. Requires the House and the Senate budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions outlined in the OMB August 20 report to meet the outlay limits, if a sequestration is projected. States that if, after November 14, a bill resulting in outlays for the current fiscal year is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach. Repeals provisions of the Gramm-Rudman-Hollings Act terminating Pay-As-You-Go (PAYGO) enforcement mechanisms under such Act. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay limits in the Gramm-Rudman-Hollings Act to be exceeded. Prescribes procedures for waiver or suspension of this rule.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Jackson Higgins Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Andrew Jackson Higgins was born on August 28, 1886, in Columbus, Nebraska, moved to New Orleans in 1910, and formed Higgins Industries on September 26, 1930. (2) Andrew Jackson Higgins designed, engineered, and produced the ``Eureka'', a unique shallow draft boat the design of which evolved during World War II into 2 basic classes of military craft: high speed PT boats, and types of Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs). (3) Andrew Jackson Higgins designed, engineered, and constructed 4 major assembly line plants in New Orleans for mass production of Higgins landing craft and other vessels vital to the Allied Forces' conduct of World War II. (4) Andrew Jackson Higgins bought the entire 1940 Philippine mahogany crop and other material purely at risk without a government contract, anticipating that America would join World War II and that Higgins Industries would need the wood to build landing craft. Higgins also bought steel, engines, and other material necessary to construct landing craft. (5) Andrew Jackson Higgins, through Higgins Industries, employed a fully integrated assembly line work force, black and white, male and female, of up to 30,000 during World War II, with equal pay for equal work. (6) In 1939, the United States Navy had a total of 18 landing craft in the fleet. (7) From November 18, 1940, when Higgins Industries was awarded its first contract for Higgins landing craft until the conclusion of the war, the employees of Higgins Industries produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and nearly 8,000 other landing craft of all types. (8) During World War II, Higgins Industries employees produced 20,094 boats, including landing craft and Patrol Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard personnel on the safe operation of landing craft at the Higgins' Boat Operators School. (9) On Thanksgiving Day 1944, General Dwight D. Eisenhower stated in an address to the Nation: ``Let us thank God for Higgins Industries, management, and labor which has given us the landing boats with which to conduct our campaign.''. (10) Higgins landing craft, constructed of wood and steel, transported fully armed troops, light tanks, field artillery, and other mechanized equipment essential to amphibious operations. (11) Higgins landing craft made the amphibious assault on D-day and the landings at Leyte, North Africa, Guadalcanal, Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well- known assaults possible. (12) Captain R.R.M. Emmett, a commander at the North Africa amphibious landing, and later commandant of the Great Lakes Training Station, wrote during the war: ``When the history of this war is finally written by historians, far enough removed from its present turmoil and clamor to be cool and impartial, I predict that they will place Mr. (Andrew Jackson) Higgins very high on the list of those who deserve the commendation and gratitude of all citizens.''. (13) In 1964, President Dwight D. Eisenhower told historian Steven Ambrose: ``He (Higgins) is the man who won the war for us. If Higgins had not developed and produced those landing craft, we never could have gone in over an open beach. We would have had to change the entire strategy of the war.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of Congress, to award a gold medal of appropriate design to-- (A) the family of Andrew Jackson Higgins, honoring Andrew Jackson Higgins (posthumously) for his contributions to the Nation and world peace; and (B) the D-day Museum in New Orleans, Louisiana, for public display, honoring Andrew Jackson Higgins (posthumously) and the employees of Higgins Industries for their contributions to the Nation and world peace. (2) Modalities.--The modalities of presentation of the medals under this Act shall be determined by the President after consultation with the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 2 gold medals 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 medals struck under this Act, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $60,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.
Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Enforcement Act''. SEC. 2. ELIMINATION OF SENATE CONFIRMATION REQUIREMENT FOR THE APPOINTMENT OF THE DIRECTOR OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. Section 599A(a)(2) of title 28, United States Code, is amended by striking ``President, by and with the advice and consent of the Senate'' and inserting ``Attorney General,''. SEC. 3. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA. (a) Tiahrt Amendments.-- (1) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 6th proviso. (2) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128- 3129) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (3) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (4) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903- 1904) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (5) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with respect to any fiscal year''. (6) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect to any fiscal year''. (b) Prohibition on Use of Firearms Trace Data To Draw Broad Conclusions About Firearms-Related Crime.-- (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 271-272) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is repealed. SEC. 4. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS LICENSEES. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 1st proviso. SEC. 5. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 5th proviso. SEC. 6. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE DESTROYED WITHIN 24 HOURS. Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. SEC. 7. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES INCIDENTS OR FIREARM TRACES. Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473- 474) is repealed. SEC. 8. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS'' AND IMPORTATION OF SURPLUS MILITARY FIREARMS. (a) Section 518 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed. (b) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 921 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 1st proviso. (c) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 274) is repealed. SEC. 9. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS LICENSE DUE TO LACK OF BUSINESS ACTIVITY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 6th proviso. SEC. 10. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS, MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR DEPARTMENTS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is amended by striking the 3rd proviso. SEC. 11. ELIMINATION OF PROHIBITION ON SEARCH COMPUTERIZED RECORDS OF FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF BUSINESS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 610) is amended by striking the 7th proviso. SEC. 12. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON, APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR READILY ADAPTABLE TO SPORTING PURPOSES. Section 532 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed.
ATF Enforcement Act This bill amends the federal judicial code to require the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to be appointed by the Attorney General. Currently, the Director is appointed by the President and confirmed by the Senate. Additionally, it amends several appropriations laws to remove limitations on the ATF's authority to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include: the Consolidated Appropriations Act, 2016; the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009; the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003. The bill removes provisions from these laws that: prohibit the consolidation or centralization within the Department of Justice of firearm transfer records maintained by federal firearms licensees; prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import "curios or relics" firearms, parts, or ammunition; prohibit denials of federal firearms licenses due to lack of business activity; prohibit the transfer of functions, missions, or activities to other agencies or departments; prohibit the search of electronic firearm transfer records of federally licensed gun dealers who go out of business; and prohibit denials of applications to import certain non-sporting shotguns.
{"src": "billsum_train", "title": "ATF Enforcement Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Canceling Loans to Allow School Systems to Attract Classroom Teachers Act''. SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STUDENT LOAN FORGIVENESS AND LOAN CANCELLATION. (a) FFEL Loans.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``$5,000'' and inserting ``$17,500''; and (B) by adding at the end the following: ``(3) Priority.--The Secretary shall repay the loan obligations for elementary school or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(A)(i) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(ii) as certified by the chief administrative officer of the public or nonprofit private elementary school or secondary school in which the borrower is employed, are teaching children with disabilities (as defined in section 602 of the Individuals with Disabilities Act) that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching; or ``(B) are employed as teachers of mathematics or science in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years.''; and (2) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 and each of the 4 succeeding fiscal years.''. (b) Direct Loans.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``$5,000'' and inserting ``$17,500''; and (B) by adding at the end the following: ``(3) Priority.--The Secretary shall cancel loan obligations under this section for elementary school or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in canceling loan obligations under this section for a fiscal year to teachers who-- ``(A)(i) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(ii) as certified by the chief administrative officer of the public or nonprofit private elementary school or secondary school in which the borrower is employed, are teaching children with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act) that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching; or ``(B) are employed as teachers of mathematics or science in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years.''; and (2) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 and each of the 4 succeeding fiscal years.''.
Canceling Loans to Allow School Systems to Attract Classroom Teachers Act - Amends the Higher Education Act of 1965 to provide for additional amounts of student loan forgiveness and cancellation for certain elementary and secondary school teachers. Directs the Secretary of Education, in making such additional repayments and cancellations, to give priority to teachers of: (1) special education; (2) children with disabilities; or (3) mathematics or science in local educational agencies that have failed to make progress toward meeting annual measurable objectives.
{"src": "billsum_train", "title": "To increase the amount of student loan forgiveness and loan cancellation available to qualified teachers, and for other purposes."}
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SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF POLYESTER FLEECE SHEET SETS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, U.S. Customs and Border Protection shall, not later than 90 days after receiving a request described in subsection (b), liquidate or reliquidate each entry specified in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Requests.--Any person seeking a liquidation or reliquidation pursuant to subsection (a) with respect to an entry shall file a proper request with U.S. Customs and Border Protection not later than the date that is 90 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry pursuant to subsection (a) (including interest from the date of entry) shall be paid by U.S. Customs and Border Protection not later than 90 days after the date of the liquidation or reliquidation. (d) Affected Entries.--The entries specified in this subsection are the following: ---------------------------------------------------------------------------------------------------------------- Entry Number Date of Entry ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- 595 4542745-8 02/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4542745-8 02/16/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100054-6 02/25/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100054-6 02/25/2009 ---------------------------------------------------------------------------------------------------------------- 595 4553647-2 03/29/2009 ---------------------------------------------------------------------------------------------------------------- 595 4566184-1 05/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4566184-1 05/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4585908-0 07/11/2009 ---------------------------------------------------------------------------------------------------------------- 595 4585908-0 07/11/2009 ---------------------------------------------------------------------------------------------------------------- 595 4588629-9 07/15/2009 ---------------------------------------------------------------------------------------------------------------- 595 4586741-4 07/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4586741-4 07/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4590977-8 07/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4595041-8 08/08/2009 ---------------------------------------------------------------------------------------------------------------- 595 4604765-1 09/01/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4603649-8 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4603649-8 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4606523-2 09/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4607800-3 09/08/2009 ---------------------------------------------------------------------------------------------------------------- 595 4609593-2 09/12/2009 ---------------------------------------------------------------------------------------------------------------- 595 4609593-2 09/12/2009 ---------------------------------------------------------------------------------------------------------------- 595 4612439-3 09/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4612439-3 09/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4614597-6 09/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4623019-0 10/27/2009 ----------------------------------------------------------------------------------------------------------------
Directs the U.S. Customs and Border Protection (CBP) to provide for the reliquidation (refund of duties) of certain entries of polyester fleece sheet sets.
{"src": "billsum_train", "title": "A bill to provide for the reliquidation of certain entries of polyester fleece sheet sets entered on or after January 29, 2009, and on or before October 27, 2009."}
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