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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Covered indian tribe.--The term ``covered Indian tribe'' means an Indian tribe listed in section 4(a). (2) Fund account.--The term ``Fund Account'' means the consolidated account for tribal trust funds in the Treasury of the United States that is managed by the Secretary-- (A) through the Office of Trust Fund Management of the Department of the Interior; and (B) in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal governing body.--The term ``tribal governing body'' means the duly elected governing body of a covered Indian tribe. SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS. Notwithstanding any other provision of law, including Public Law 92-555 (25 U.S.C. 1300d et seq.), any funds made available by appropriations under chapter II of Public Law 90-352 (82 Stat. 239) to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of those Indian tribes in Indian Claims Commission dockets numbered 142 and 359, including interest, that, as of the date of enactment of this Act, have not been distributed, shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. (a) In General.-- (1) Amount distributed.-- (A) In general.--Subject to section 8(e) and if no action is filed in a timely manner (as determined under section 8(d)) raising any claim identified in section 8(a), not earlier than 365 days after the date of enactment of this Act and not later than 415 days after the date of enactment of this Act, the Secretary shall transfer to the Fund Account to be credited to accounts established in the Fund Account for the benefit of the applicable governing bodies under paragraph (2) an aggregate amount determined under subparagraph (B). (B) Aggregate amount.--The aggregate amount referred to in subparagraph (A) is an amount equal to the remainder of-- (i) the funds described in section 3; minus (ii) an amount equal to 71.6005 percent of the funds described in section 3. (2) Distribution of funds to accounts in the fund account.--The Secretary shall ensure that the aggregate amount transferred under paragraph (1) is allocated to the accounts established in the Fund Account as follows: (A) 28.9276 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Spirit Lake Tribe of North Dakota. (B) 57.3145 percent of that amount, after payment of any applicable attorneys' fees and expenses by the Secretary under the contract numbered A00C14202991, approved by the Secretary on August 16, 1988, shall be allocated to the account established for the benefit of the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota. (C) 13.7579 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (c). (b) Use.--Amounts distributed under this section to accounts referred to in subsection (d) for the benefit of a tribal governing body shall be distributed and used in a manner consistent with section 5. (c) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort Peck Reservation.--For purposes of making distributions of funds pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. (d) Tribal Trust Fund Accounts.--The Secretary of the Treasury, in cooperation with the Secretary of the Interior, acting through the Office of Trust Fund Management of the Department of the Interior, shall ensure that such accounts as are necessary are established in the Fund Account to provide for the distribution of funds under subsection (a)(2). SEC. 5. USE OF DISTRIBUTED FUNDS. (a) Prohibition.--No funds allocated for a covered Indian tribe under section 4 may be used to make per capita payments to members of the covered Indian tribe. (b) Purposes.--The funds allocated under section 4 may be used, administered, and managed by a tribal governing body referred to in section 4(a)(2) only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to-- (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; (3) the development of programs that are beneficial to members of the covered Indian tribe, including educational and social welfare programs; (4) the payment of any existing obligation or debt (existing as of the date of the distribution of the funds) arising out of any activity referred to in paragraph (1), (2), or (3); (5)(A) the payment of attorneys' fees or expenses of any covered Indian tribe referred to in subparagraph (A) or (C) of section 4(a)(2) for litigation or other representation for matters arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d et seq.); except that (B) the amount of attorneys' fees paid by a covered Indian tribe under this paragraph with funds distributed under section 4 shall not exceed 10 percent of the amount distributed to that Indian tribe under that section; (6) the payment of attorneys' fees or expenses of the covered Indian tribe referred to in section 4(a)(2)(B) for litigation and other representation for matters arising out of the enactment of Public Law 92-555 (25 U.S.C. 1300d et seq.), in accordance, as applicable, with the contracts numbered A00C14203382 and A00C14202991, that the Secretary approved on February 10, 1978 and August 16, 1988, respectively; or (7) the payment of attorneys' fees or expenses of any covered Indian tribe referred to in section 4(a)(2) for litigation or other representation with respect to matters arising out of this Act. (c) Management.--Subject to subsections (a), (b), and (d), any funds distributed to a covered Indian tribe pursuant to sections 4 and 7 may be managed and invested by that Indian tribe pursuant to the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (d) Withdrawal of Funds by Covered Tribes.-- (1) In general.--Subject to paragraph (2), each covered Indian tribe may, at the discretion of that Indian tribe, withdraw all or any portion of the funds distributed to the Indian tribe under sections 4 and 7 in accordance with the American Indian Trust Fund Management Reform Act (25 U.S.C. 4001 et seq.). (2) Exemption.--For purposes of paragraph (1), the requirements under subsections (a) and (b) of section 202 of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4022 (a) and (b)) and section 203 of such Act (25 U.S.C. 4023) shall not apply to a covered Indian tribe or the Secretary. (3) Rule of construction.--Nothing in paragraph (2) may be construed to limit the applicability of section 202(c) of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4022(c)). SEC. 6. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS. A payment made to a covered Indian tribe or an individual under this Act shall not-- (1) for purposes of determining the eligibility for a Federal service or program of a covered Indian tribe, household, or individual, be treated as income or resources; or (2) otherwise result in the reduction or denial of any service or program to which, pursuant to Federal law (including the Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe, household, or individual would otherwise be entitled. SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. (a) In General.--Subject to section 8(e), the Secretary shall, in the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-4(c)), distribute to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of the funds described in section 3, subject to any reduction determined under subsection (b). (b) Adjustments.-- (1) In general.--Subject to section 8(e), if the number of individuals on the final roll of lineal descendants certified by the Secretary under section 201(b) of Public Law 92-555 (25 U.S.C. 1300d-3(b)) is less than 2,588, the Secretary shall distribute a reduced aggregate amount to the lineal descendants referred to in subsection (a), determined by decreasing-- (A) the percentage specified in section 4(a)(B)(ii) by a percentage amount equal to-- (i) .0277; multiplied by (ii) the difference between 2,588 and the number of lineal descendants on the final roll of lineal descendants, but not to exceed 600; and (B) the percentage specified in subsection (a) by the percentage amount determined under subparagraph (A). (2) Distribution.--If a reduction in the amount that otherwise would be distributed under subsection (a) is made under paragraph (1), an amount equal to that reduction shall be added to the amount available for distribution under section 4(a)(1), for distribution in accordance with section 4(a)(2). (c) Verification of Ancestry.--In seeking to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any person applying for enrollment on the roll of lineal descendants after January 1, 1998, the Secretary shall certify that each individual enrolled as a lineal descendant can trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on-- (1) the 1909 Sisseton and Wahpeton annuity roll; (2) the list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the ``1862 Minnesota Outbreak''; (3) the list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared pursuant to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or (4) any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraph (1), (2), or (3). (d) Conforming Amendments.-- (1) In general.--Section 202(a) of Public Law 92-555 (25 U.S.C. 1300d-4(a)) is amended-- (A) in the matter preceding the table-- (i) by striking ``, plus accrued interest,''; and (ii) by inserting ``plus interest received (other than funds otherwise distributed to the Sisseton and Wahpeton Tribes of Sioux Indians in accordance with the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998),'' after ``docket numbered 359,''; and (B) in the table contained in that subsection, by striking the item relating to ``All other Sisseton and Wahpeton Sioux''. (2) Roll.--Section 201(b) of Public Law 92-555 (25 U.S.C. 1300d-3(b)) is amended by striking ``The Secretary'' and inserting ``Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, the Secretary''. SEC. 8. JURISDICTION; PROCEDURE. (a) Actions Authorized.--In any action brought by or on behalf of a lineal descendant or any group or combination of those lineal descendants to challenge the constitutionality or validity of distributions under this Act to any covered Indian tribe, any covered Indian tribe, separately, or jointly with another covered Indian tribe, shall have the right to intervene in that action to-- (1) defend the validity of those distributions; or (2) assert any constitutional or other claim challenging the distributions made to lineal descendants under this Act. (b) Jurisdiction and Venue.-- (1) Exclusive original jurisdiction.--Subject to paragraph (2), only the United States District Court for the District of Columbia, and for the districts in North Dakota and South Dakota, shall have original jurisdiction over any action brought to contest the constitutionality or validity under law of the distributions authorized under this Act. (2) Consolidation of actions.--After the filing of a first action under subsection (a), all other actions subsequently filed under that subsection shall be consolidated with that first action. (3) Jurisdiction by the united states court of federal claims.--If appropriate, the United States Court of Federal Claims shall have jurisdiction over an action referred to in subsection (a). (c) Notice to Covered Tribes.--In an action brought under this section, not later than 30 days after the service of a summons and complaint on the Secretary that raises a claim identified in subsection (a), the Secretary shall send a copy of that summons and complaint, together with any responsive pleading, to each covered Indian tribe by certified mail with return receipt requested. (d) Statute of Limitations.--No action raising a claim referred to in subsection (a) may be filed after the date that is 365 days after the date of enactment of this Act. (e) Special Rule.-- (1) Final judgment for lineal descendants.-- (A) In general.--If an action that raises a claim referred to in subsection (a) is brought, and a final judgment is entered in favor of 1 or more lineal descendants referred to in that subsection, section 4(a) and subsections (a) and (b) of section 7 shall not apply to the distribution of the funds described in subparagraph (B). (B) Distribution of funds.--Upon the issuance of a final judgment referred to in subparagraph (A) the Secretary shall distribute 100 percent of the funds described in section 3 to the lineal descendants in a manner consistent with-- (i) section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-4(c)); and (ii) section 202(a) of Public Law 92-555, as in effect on the day before the date of enactment of this Act. (2) Final judgment for covered indian tribes.-- (A) In general.--If an action that raises a claim referred to in subsection (a) is brought, and a final judgment is entered in favor of 1 or more covered Indian tribes that invalidates the distributions made under this Act to lineal descendants, section 4(a), other than the percentages under section 4(a)(2), and subsections (a) and (b) of section 7 shall not apply. (B) Distribution of funds.--Not later than 180 days after the date of the issuance of a final judgment referred to in subparagraph (A), the Secretary shall distribute 100 percent of the funds described in section 3 to each covered Indian tribe in accordance with the judgment and the percentages for distribution contained in section 4(a)(2). (f) Limitation on Claims by a Covered Indian Tribe.-- (1) In general.--If any covered Indian tribe receives any portion of the aggregate amounts transferred by the Secretary to a Fund Account or any other account under section 4, no action may be brought by that covered Indian tribe in any court for a claim arising from the distribution of funds under Public Law 92-555 (25 U.S.C. 1300d et seq.). (2) Rule of construction.--Nothing in this subsection shall be construed to limit the right of a covered Indian tribe to-- (A) intervene in an action that raises a claim referred to in subsection (a); or (B) limit the jurisdiction of any court referred to in subsection (b), to hear and determine any such claims. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 - Provides for the distribution of certain funds to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of those tribes. (Sec. 4) Directs the Secretary of the Interior to transfer a specified aggregate amount to be credited to accounts established in a Fund Account for the benefit of the applicable governing bodies of the : (1) Spirit Lake Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation for purposes of making such distributions. (Sec. 5) Prohibits funds allocated for a covered Indian tribe from being used to make per capita payments to tribe members. Allows funds allocated to be used, administered, and managed by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to: (1) economic development; (2) tribal resources development; (3) the development of beneficial tribal programs, including educational and social welfare programs; (4) any existing obligation or debt arising out of any such activities; and (5) specified attorneys' fees. (Sec. 6) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. (Sec. 7) Directs the Secretary to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians. Requires ancestral verification of such descendants. (Sec. 8) Sets forth procedural requirements for civil actions brought by or on behalf of a lineal descendant or any group or combination thereof to challenge the constitutionality or validity of such distributions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Rulemaking Act''. SEC. 2. REGULATORY REVIEW TRANSPARENCY. (a) Unified Regulatory Agenda.-- (1) Establishment.--Not later than December 31, March 31, June 30, and September 30, of each year, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs a unified regulatory agenda. The Administrator shall make each unified regulatory agenda available on a public website in an accessible format. (2) Contents.--The unified regulatory agenda shall contain a list of each regulation under development or review by the agency. Each entry for a regulation shall include, at a minimum, the following: (A) A regulation identifier number. (B) A brief summary of the regulation. (C) The legal authority for the regulation. (D) A statement of whether the Administrator has declared the regulation a significant regulatory action. (E) The stage in the process of issuing the regulation. (F) A statement of whether the regulation has been submitted to the Administrator for review. (G) Any legal deadline for the regulation, including the Public Law number of the statute that mandates such a deadline. (H) Any written communication between an employee or officer of the agency and an employee or officer of the Office of Information and Regulatory Affairs regarding the regulation. (I) Any communication received from the Administrator regarding the regulation describing why further consideration of the regulation is necessary. (3) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Administrator shall review agency compliance with the provisions of this subsection and provide recommendations to bring any noncompliant agency into compliance. (b) Significant Regulatory Action Review.-- (1) In general.--Not later than 90 days after the date on which the unified regulatory agenda is submitted under subsection (a)(1), the Administrator shall review each significant regulatory action listed in the agenda to ensure each action is consistent with applicable law. (2) Extension of review period.--The deadline for review described in paragraph (1) may be extended-- (A) once by not more than 30 days upon written approval of the Director of the Office of Management and Budget; and (B) at the request of the head of the issuing agency. (3) Documentation of extension.--The Administrator shall provide written documentation of the reasoning for any extension of review of a regulation made under paragraph (3) and include such documentation in the unified regulatory agenda listing for the regulation. (4) Third-party communication.--During any review process of a significant regulatory action described in this subsection-- (A) an employee or officer of the Office of Information and Regulatory Affairs may not meet with an individual who is not a Federal employee or officer regarding the substance of such action unless a representative from the issuing agency has been invited; (B) within 10 working days of receipt of any written communication regarding the substance of such action from an individual who is not a Federal employee or officer, the Administrator shall provide such communication to the issuing agency; and (C) within 10 working days of any oral communication regarding the substance of such action with an individual who is not a Federal employee or officer, the Administrator shall provide the date and the name or names of individuals involved in such communication to the issuing agency. (5) Documentation of changes.-- (A) Office of information and regulatory affairs changes.--The Administrator shall document any change made by the Office of Information and Regulatory Affairs to a significant regulatory action during the review process under this subsection and make such change available on a public website in a redline or other easily understood format. (B) Agency changes.--After the Administrator has reviewed a significant regulatory action under this subsection, the head of an agency shall document any change made by the agency to the regulation and make such change available on a public website in a redline or other easily understood format. (6) Return letter.--For each significant regulatory action that the Administrator returns to an agency for further consideration of any provision, the Administrator shall provide the issuing agency with a written explanation of why further consideration is necessary. (c) Agency Removal of a Regulation.--With regard to any proposed regulation that was listed and subsequently removed from a unified regulatory agenda, the head of the agency shall publish a written explanation for such removal on a publicly available website. (d) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs. (2) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code, but does not include an independent regulatory agency as that term is defined in such section. (3) Regulation.--The term ``regulation''-- (A) means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency; and (B) does not include-- (i) regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (ii) regulations that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; and (iii) regulations that are limited to an agency organization, management, or personnel matters. (4) Regulatory action.--The term ``regulatory action'' means any substantive action by an agency normally published in the Federal Register that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking. (5) Significant regulatory action.--The term ``significant regulatory action'' means any regulatory action that is likely to result in a regulation that may-- (A) have an annual effect on the economy of $167,000,000 or more, adjusted annually for inflation to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, rounding to the nearest $1,000,000; (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (C) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (D) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients therein; or (E) raise novel legal or policy issues arising out of legal mandates.
Accountability in Rulemaking Act This bill requires each federal agency to submit to the Office of Information and Regulatory Affairs (OIRA), by December 31, March 31, June 30, and September 30 of each year, a unified regulatory agenda listing each regulation under development or review by such agency. The agenda shall include a brief summary of, and the legal authority for, such regulation and a statement of whether the OIRA has declared the regulation to be a significant regulatory action. A "significant regulatory action" is defined as any regulatory action that is likely to result in a regulation that may: have an annual effect on the economy of $167 million or more; adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; create a serious inconsistency or otherwise interfere with an action of another agency; materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or raise novel legal or policy issues arising out of legal mandates. The OIRA shall: (1) make each such agenda available on a public website, and (2) review each significant regulatory action listed within 90 days of its submission to ensure such action is consistent with applicable law. The bill sets forth limitations on third-party communication during the review process. The OIRA shall: (1) document any change made by it to a significant regulatory action during the review process and make such change available on a public website; and (2) for each such action the OIRA returns to an agency for further consideration, it shall provide a written explanation of why further consideration is necessary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Telephone Billing Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For years, telephone users have complained that their wireline telephone bills included unauthorized third-party charges. (2) This problem, commonly referred to as ``cramming'', first appeared in the 1990s, after wireline telephone companies opened their billing platforms to an array of third-party vendors offering a variety of services. (3) Since the 1990s, the Federal Communications Commission, the Federal Trade Commission, and State attorneys general have brought multiple enforcement actions against dozens of individuals and companies for engaging in cramming. (4) An investigation by the Committee on Commerce, Science, and Transportation of the Senate confirmed that cramming is a problem of massive proportions and has affected millions of telephone users, costing them billions of dollars in unauthorized third-party charges over the past decade. (5) The Committee showed that third-party billing through wireline telephone numbers has largely failed to become a reliable method of payment that consumers and businesses can use to conduct legitimate commerce. (6) Telephone companies regularly placed third-party charges on their customers' telephone bills without their customers' authorization. (7) Many companies engaged in third-party billing were illegitimate and created solely to exploit the weaknesses in the third-party billing platforms established by telephone companies. (8) In the last decade, millions of business and residential consumers have transitioned from wireline telephone service to interconnected VoIP service. (9) Users of interconnected VoIP service often use the service as the primary telephone line for their residences and businesses. (10) Millions more business and residential consumers are expected to migrate to interconnected VoIP service in the coming years as the evolution of the nation's traditional voice communications networks to IP-based networks continues. (11) Users of interconnected VoIP service that have telephone numbers through the service should be protected from the same vulnerabilities that affected third-party billing through wireline telephone numbers. SEC. 3. UNAUTHORIZED THIRD-PARTY CHARGES. (a) In General.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (1) by amending the heading to read as follows: ``sec. 258. preventing illegal changes in subscriber carrier selections and unauthorized third-party charges.''; and (2) by adding at the end the following: ``(c) Prohibition.-- ``(1) In general.--No local exchange carrier or provider of interconnected VoIP service shall place or cause to be placed a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless-- ``(A) the third-party charge is from a contracted third-party vendor; ``(B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service; ``(C) the customer was provided with clear and conspicuous disclosure of all material terms and conditions prior to consenting under subparagraph (D); ``(D) the customer provided affirmative consent for the placement of the third-party charge on the bill; and ``(E) the local exchange carrier or provider of interconnected VoIP service has implemented reasonable procedures to ensure that the third-party charge is for a product or service requested by the customer. ``(2) Forfeiture and refund.-- ``(A) In general.--Any person who commits a violation of paragraph (1) shall be subject to a civil forfeiture, which shall be determined in accordance with section 503 of title V of this Act, except that the amount of the penalty shall be double the otherwise applicable amount of the penalty under that section. ``(B) Refund.--Any local exchange carrier or provider of interconnected VoIP service that commits a violation of paragraph (1) shall be liable to the customer in an amount equal to all charges paid by that customer related to the violation of paragraph (1), in accordance with such procedures as the Commission may prescribe. ``(3) Additional remedies.--The remedies under this subsection are in addition to any other remedies provided by law. ``(4) Definitions.--In this subsection: ``(A) Affirmative consent.--The term `affirmative consent' means express verifiable authorization. ``(B) Contracted third-party vendor.--The term `contracted third-party vendor' means a person that has a contractual right to receive billing and collection services from a local exchange carrier or a provider of interconnected VoIP service for a product or service that the person provides directly to a customer. ``(C) Third-party charge.--The term `third-party charge' means a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service.''. (b) Rulemaking.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission, shall prescribe any rules necessary to implement the provisions of this section. (2) Minimum contents.--At a minimum, the regulations promulgated by the Federal Communications Commission under this subsection shall-- (A) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge; (B) include adequate protections to ensure that consumers are fully aware of the charges to which they are consenting; and (C) impose recordkeeping requirements on local exchange carriers and providers of interconnected VoIP service related to any grants of affirmative consent by consumers. (c) Effective Date.--The Federal Communications Commission shall prescribe that any rule adopted under subsection (b) shall become effective for a local exchange carrier or provider of interconnected VoIP service not later than the date that the carrier's or provider's contractual obligation to permit another person to charge a customer for a good or service on a bill rendered by the carrier or provider expires, or 180 days after the date of enactment of this Act, whichever is earlier. SEC. 4. RELATIONSHIP TO OTHER LAWS. (a) No Preemption of State Laws.--Nothing in this Act shall be construed to preempt any State law, except that no State law may relieve any person of a requirement otherwise applicable under this Act. (b) Preservation of FTC Authority.--Nothing in this Act shall be construed as modifying, limiting, or otherwise affecting the applicability of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other law enforced by the Federal Trade Commission. SEC. 5. SEVERABILITY. If any provision of this Act or the application of that provision to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to any other person or circumstance shall not be affected thereby.
Fair Telephone Billing Act of 2013 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing, or causing to be placed, a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless: (1) the third-party charge is from a contracted third-party vendor and for a product or service that the carrier or provider markets or sells jointly with its own service, (2) the customer provided affirmative consent for the charge, (3) the customer was provided with a disclosure of material terms and conditions prior to such consent, and (4) the charge is implemented with reasonable procedures to ensure that the customer has requested the product or service. Defines: (1) a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service, and (2) a "contracted third-party vendor" as a person with a contractual right to receive billing and collection services from such a carrier or provider for a product or service the person provides directly to a customer. Subjects violators to civil forfeiture and specified penalties and refund requirements. Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge, (2) ensure that consumers are fully aware of the charges to which they are consenting, and (3) impose recordkeeping requirements on such carriers and providers related to any grants of affirmative consent by consumers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Advisory Committee Reform Act'' or the ``TAC Act''. SEC. 2. CONGRESSIONAL ADVISERS FOR TRADE POLICY AND NEGOTIATIONS. (a) Selection.--Section 161 of the Trade Act of 1974 (19 U.S.C. 2211) is amended in subsection (a)-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``The following members of Congress shall be selected and designated as congressional advisers on trade policy and negotiations: From the Committee on Ways and Means of the House of Representatives, the chairman and ranking minority member of the full committee, and the chairman and ranking minority member of the Subcommittee on Trade; from the Committee on Finance of the Senate, the chairman and ranking minority member of the full committee, and the chairman and ranking minority member of the Subcommittee on Trade.''; and (2) in paragraph (2) by adding at the end the following: ``(D) Of the total number of members from a House of Congress selected as congressional advisers under this paragraph, not more than half may be of the same political party.''. (b) Expansion of Role.--Such section is further amended by adding at the end the following: ``(d) Recommendations by Congressional Advisers on Trade Agreement Effects.--Each congressional adviser under subsection (a) shall, on an annual basis and at any other time the congressional adviser considers appropriate, transmit written recommendations to the covered executive branch officials on trade agreement effects. Each official to which recommendations are transmitted shall give due regard to the recommendations. ``(e) Appointments to Trade Advisory Committees.-- ``(1) Number.--Every trade advisory committee, whether established before, on, or after the date of the enactment of this subsection, shall have a number of members the total of which is evenly divisible by three. ``(2) Appointment.--For purposes of appointing the members of a trade advisory committee, the congressional advisers under subsection (a) shall be grouped by party affiliation. The group with the greatest number of advisers shall appoint one-third of the members; the group with the next-greatest number of advisers shall appoint one-third of the members; and the President (or the President's designee) shall appoint the remaining members. ``(3) Consultation.--The congressional advisers are encouraged to consult with other committees of Congress, including but not limited to committees with jurisdiction over health, environmental, labor, and consumer issues, in making such appointments. ``(4) Interests represented.--The officials responsible for appointing the members of a trade advisory committee shall ensure that each trade advisory committee includes-- ``(A) at least 1 member from labor organizations; ``(B) at least 1 member from consumer interest organizations; and ``(C) at least 1 member from public health organizations. ``(5) Terms.--Each member of a trade advisory committee shall serve a term of 2 years. ``(6) Other provisions superseded.--This subsection supersedes any other provision of law to the extent that provision is inconsistent with this subsection, whether enacted before, on, or after the date of the enactment of this subsection. ``(f) Reports to Congress by Trade Advisory Committees.--Before the President submits trade agreement legislation to Congress, each trade advisory committee that has advised with respect to that legislation shall submit to the congressional advisers under subsection (a) a report on the legislation. The report shall include an examination of the trade agreement effects of the legislation. ``(g) Reports to Congress by Executive Branch Officials.--Each covered executive branch official shall, on an annual basis, submit to Congress a report on the trade advisory process. The report shall identify the concerns raised by members of trade advisory committees on the effectiveness of the process and explain the steps taken by that official to address those concerns. ``(h) Definitions.--In this section: ``(1) Covered executive branch official.--The term `covered executive branch official' applies to the following: ``(A) The United States Trade Representative. ``(B) The Secretary of Labor. ``(C) The Secretary of Agriculture. ``(D) The Secretary of Commerce. ``(E) The Administrator of the Environmental Protection Agency. ``(2) Trade advisory committee.--The term `trade advisory committee' includes any advisory committee with respect to United States trade policy, and specifically includes any committee established under section 135. ``(3) Trade agreement effects.--The term `trade agreement effects'-- ``(A) means the effects on the United States and its trading partners of international trade agreements; and ``(B) includes effects in areas including but not limited to public health, the environment, worker rights, and consumer rights.''. SEC. 3. PUBLIC HEALTH ADVISORY COMMITTEE ON TRADE. Section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is amended by adding at the end the following: ``The President shall establish, among the committees established under this paragraph, a Public Health Advisory Committee on Trade.''.
Trade Advisory Committee Reform Act or the TAC Act - Amends the Trade Act of 1974 to: (1) revise the selection process for congressional advisers for trade policy and negotiations; and (2) expand the duties of such congressional advisers, including to provide recommendations to executive officials on trade agreement effects and to provide for the appointment of members to a trade advisory committee. Establishes a Public Health Advisory Committee on Trade.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Meals and Learning Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)-- (A) that serves lunch at a school served by the local educational agency during the summer as part of-- (i) the summer food service program for children established under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761); or (ii) the seamless summer option authorized by section 13(a)(8) of such Act (42 U.S.C. 1761(a)(8)); and (B) where at least 50 percent of the students in grades prekindergarten through grade 3 at such school-- (i) are reading below grade level at grade 3; or (ii) are at risk of reading below grade level at grade 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (4) State library administrative agency.--The term ``State library administrative agency'' has the meaning given the term in section 213 of the Museum and Library Services Act (20 U.S.C. 9122). (5) Summer early reading program.--The term ``summer early reading program'' means a program held in the summer, and not less than 6 weeks in duration, that-- (A) is held at a school with a summer lunch site described in paragraph (1)(A); and (B) provides students participating in the lunch program-- (i) access to the school library; and (ii) literacy activities or expanded learning opportunities at the school. SEC. 3. GRANTS FOR SUMMER EARLY READING PROGRAMS AT SUMMER MEAL SITES. (a) Program Authorized.--From amounts made available under subsection (f) for a fiscal year, the Secretary shall award grants, on a competitive basis, to State library administrative agencies to enable the State library administrative agencies to award subgrants to eligible local educational agencies for summer early reading programs. (b) Applications.--A State library administrative agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include-- (1) how the State library administrative agency will award subgrants described in subsection (d), including any priorities or considerations that the State library administrative agency will apply in making such awards, with an emphasis toward supporting eligible local educational agencies with a disproportionately high ratio of students served at school lunch sites described in section 2(1)(A) to such school lunch sites; (2) how the State library administrative agency will disseminate, in a timely manner, information regarding the subgrants described in subsection (d) and the application process for such subgrants to eligible local educational agencies; (3) the criteria that the State library administrative agency will require for the summer early reading programs, including the minimum number of hours that the school library shall remain accessible and any other criteria regarding the activities to be offered; and (4) an assurance from the State library administrative agency that each eligible local educational agency that receives a subgrant will provide a summer early reading program at each school lunch site served by the local educational agency. (c) Use of Funds.--A State library administrative agency receiving a grant under this section shall use grant funds to award subgrants to eligible local educational agencies under subsection (d). (d) Subgrants.-- (1) In general.--Each State library administrative agency receiving a grant under this section shall award subgrants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to provide summer early reading programs. (2) Applications.--An eligible local educational agency desiring a subgrant under this section shall submit an application at such time, in such manner, and containing such information as the State library administrative agency may require. Each application shall include-- (A) a description of the school lunch sites described in section 2(1)(A) that will be participating in the summer early reading program, and the ratio, as of the date of application, of the number of students served to the number of such school lunch sites; (B) proof that the eligible local educational agency meets the requirements of section 2(1); (C) a description of the summer early reading program that the eligible local educational agency will provide at each school lunch site to be served; and (D) a description of how community partners will be involved in the summer early reading program. (3) Award basis.--A State library administrative agency receiving a grant under this section shall award subgrants based on-- (A) the proposed number of school lunch sites and the number of students that will be served under the summer early reading program; and (B) any other criteria established by the State library administrative agency in the application submitted under subsection (b). (4) Use of funds.--An eligible local educational agency receiving a subgrant under this subsection shall use the subgrant funds to work with community partners to-- (A) develop and implement the summer early reading programs proposed in the application submitted under paragraph (2); (B) develop and carry out other activities and strategies related to such summer early reading programs; and (C) hire and train appropriate State library administrative agency personnel to teach the summer early reading programs during the summer. (e) Reports.--For each year of a grant or subgrant awarded under this section, a State library administrative agency receiving such grant, or an eligible local educational agency receiving such subgrant, shall submit a report regarding the progress made in achieving the purposes of the grant or subgrant, respectively, to the Secretary. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $5,000,000 for each of the fiscal years 2019 through 2023.
Summer Meals and Learning Act of 2018 This bill directs the Department of Education to award grants to state library administrative agencies to enable them to award subgrants to eligible local educational agencies for summer early reading programs held at schools with a summer lunch site.
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SECTION 1. SHORT TITLE. This title may be cited as the ``Human Exploitation Rescue Operations Act of 2015'' or the ``HERO Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States. (2) The targeting of United States children by international criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child- exploitation strategies and technologies. (3) The United States Immigration and Customs Enforcement of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and human trafficking. (4) The Cyber Crimes Center of the United States Immigration and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, providing advanced expertise and assistance in investigations, computer forensics, and victim identification. (5) The returning military heroes of the United States possess unique and valuable skills that can assist law enforcement in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible. (6) Through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery. SEC. 3. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGATIONS UNIT, AND COMPUTER FORENSICS UNIT. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT, AND CYBER CRIMES UNIT. ``(a) Cyber Crimes Center.-- ``(1) In general.--The Secretary shall operate, within United States Immigration and Customs Enforcement, a Cyber Crimes Center (referred to in this section as the `Center'). ``(2) Purpose.--The purpose of the Center shall be to provide investigative assistance, training, and equipment to support United States Immigration and Customs Enforcement's domestic and international investigations of cyber-related crimes. ``(b) Child Exploitation Investigations Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the `CEIU'). ``(2) Functions.--The CEIU-- ``(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into-- ``(i) child exploitation; ``(ii) child pornography; ``(iii) child victim identification; ``(iv) traveling child sex offenders; and ``(v) forced child labor, including the sexual exploitation of minors; ``(B) shall, among other things, focus on-- ``(i) child exploitation prevention; ``(ii) investigative capacity building; ``(iii) enforcement operations; and ``(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request; ``(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel; ``(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations; ``(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program; and ``(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Secretary for the sponsorship of, and participation in, outreach and training activities. ``(3) Data collection.--The CEIU shall collect and maintain data concerning-- ``(A) the total number of suspects identified by United States Immigration and Customs Enforcement; ``(B) the number of arrests by United States Immigration and Customs Enforcement, disaggregated by type, including-- ``(i) the number of victims identified through investigations carried out by United States Immigration and Customs Enforcement; and ``(ii) the number of suspects arrested who were in positions of trust or authority over children; ``(C) the number of cases opened for investigation by United States Immigration and Customs Enforcement; and ``(D) the number of cases resulting in a Federal, State, foreign, or military prosecution. ``(4) Availability of data to congress.--In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7). ``(5) Cooperative agreements.--The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3). ``(6) Acceptance of gifts.-- ``(A) In general.--The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CEIU. ``(B) Exemption from federal acquisition regulation.--Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ``(7) Reports.--Not later than 1 year after the date of the enactment of the HERO Act of 2015, and annually for the following 4 years, the CEIU shall-- ``(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Appropriations of the Senate; ``(iv) the Committee on Homeland Security of the House of Representatives; ``(v) the Committee on the Judiciary of the House of Representatives; and ``(vi) the Committee on Appropriations of the House of Representatives; and ``(B) make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department. ``(c) Computer Forensics Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the `CFU'). ``(2) Functions.--The CFU-- ``(A) shall provide training and technical support in digital forensics to-- ``(i) United States Immigration and Customs Enforcement personnel; and ``(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds; ``(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement; ``(C) shall participate in research and development in the area of digital forensics, in coordination with appropriate components of the Department; and ``(D) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program. ``(3) Cooperative agreements.--The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ``(4) Acceptance of gifts.-- ``(A) In general.--The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU. ``(B) Exemption from federal acquisition regulation.--Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ``(d) Cyber Crimes Unit.-- ``(1) In general.--The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the `CCU'). ``(2) Functions.--The CCU-- ``(A) shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement; ``(B) shall enhance United States Immigration and Customs Enforcement's ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of-- ``(i) cyber economic crime; ``(ii) digital theft of intellectual property; ``(iii) illicit e-commerce (including hidden marketplaces); ``(iv) Internet-facilitated proliferation of arms and strategic technology; and ``(v) cyber-enabled smuggling and money laundering; ``(C) shall provide training and technical support in cyber investigations to-- ``(i) United States Immigration and Customs Enforcement personnel; and ``(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds; ``(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and ``(E) is authorized to recruit participants of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions in support of the functions of the CCU. ``(3) Cooperative agreements.--The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the item relating to section 890 the following: ``Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit.''. SEC. 4. HERO CORPS HIRING. It is the sense of Congress that Homeland Security Investigations of the United States Immigration and Customs Enforcement should hire, recruit, train, and equip wounded, ill, or injured military veterans (as defined in section 101, title 38, United States Code) who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions. SEC. 5. INVESTIGATING CHILD EXPLOITATION. Section 307(b)(3) of the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.''.
Human Exploitation Rescue Operations Act of 2015 or the HERO Act of 2015 This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to operate, within U.S. Immigration and Customs Enforcement (ICE), a Cyber Crimes Center to provide investigative assistance, training, and equipment to support domestic and international investigations by ICE of cyber-related crimes. Within the Cyber Crimes Center, DHS shall operate a Child Exploitation Investigations Unit, which shall: coordinate all ICE child exploitation initiatives, including investigations into child exploitation, child pornography, child victim identification, traveling child sex offenders, and forced child labor, including the sexual exploitation of minors; focus on child exploitation prevention, investigative capacity building, enforcement operations, and training for law enforcement personnel; provide training and technical expertise to cooperating law enforcement agencies and personnel; provide psychological support and counseling services for ICE personnel engaged in child exploitation prevention initiatives; collaborate with the Department of Defense (DOD) and the National Association to Protect Children to recruit, train, equip, and hire wounded, ill, and injured veterans and transitioning service members through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program; collaborate with other governmental and nongovernmental entities for the sponsorship of, and participation in, outreach and training activities; and collect and maintain data on the total number of suspects identified by ICE, the number of arrests and cases opened for investigation by ICE, and the number of cases resulting in prosecution and report on such data. DHS shall operate, within the Cyber Crimes Center, a Computer Forensics Unit (CFU). The CFU is directed to: (1) provide training and technical support in digital forensics to ICE personnel and other law enforcement personnel investigating crimes; (2) provide computer hardware, software, and forensic licenses for all computer forensics personnel within ICE; (3) participate in research and development in the area of digital forensics; and (4) collaborate with DOD and the National Association to Protect Children to recruit, train, equip, and hire wounded, ill, and injured veterans and transitioning service members through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program. DHS shall also operate, within the Cyber Crimes Center, a Cyber Crimes Unit (CCU). The CCU shall: (1) oversee the cyber security strategy and cyber-related operations and programs for ICE, (2) enhance the ability of ICE to combat criminal enterprises operating on or through the Internet, (3) provide training and technical support in cyber investigations to ICE personnel and other law enforcement personnel, (4) participate in research and development in the area of cyber investigations, and (5) recruit participants in the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions. Congress declares that Homeland Security Investigations of ICE should hire, recruit, train, and equipment wounded, ill, or injured military veterans who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions. The bill further amends the Homeland Security Act of 2002 to expand the purposes of the DHS Acceleration Fund for Research and Development of Homeland Security Technologies to include conducting research and development to advance technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, child pornography, and for advanced forensics.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Establish the National Museum of the American Latino Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) American Latinos are an ethnically and racially diverse population. Still, whether known by the term ``Hispanic'' or ``Latino,'' or by the various national identities from which they obtain their ethnicity, American Latinos share a common heritage rooted in the mixture of the cultures of the indigenous peoples of the American continent, of the European colonizers from Spain, and of Africans who were brought to those colonies as slaves. (2) While the history of the United States formally dates from 1776, American civilization was already centuries old by then. Latinos were present on the continent for more than 200 years prior to the Declaration of Independence. Spanish colonists founded the first permanent settlement on future United States territory in St. Augustine, Florida in 1565. Indigenous nations that had thrived for centuries prior to the landing of Columbus would later mix with colonists of various ethnicities from Spain to create a third culture, one that continues to thrive in various forms throughout the Americas today. (3) Since before our Nation's founding, Latinos have come to this land searching for opportunity, prosperity, and chance. In this regard, not much has changed in over 3 centuries. Through every era of our Nation's history, whether in the fields of plenty or on the field of battle, a Latino presence was felt. Since before the early colonization of the west, Latinos have labored under the harsh sun to put food on America's tables. From the earliest days of American industry, Latinos have worked in our factories. Through every war and conflict, Latinos have served honorably and proudly next to their fellow Americans to defend the ideals of freedom, democracy, and liberty worldwide, earning countless awards for valor and sacrifice. (4) The history, art, politics, economy, and culture of the United States have been enriched since the Nation's founding by the influence of American Latinos and their traditions and innovations. Both native and foreign-born Latinos in the United States continue to make significant contributions to the arts and humanities, academia, and the popular culture that have benefited all Americans. (5) According to the Bureau of the Census, the population of American Latinos recently grew to become the largest demographic minority group in the country. As of July 2002, there were an estimated 38.8 million Latinos in the United States. One out of every three of these is under the age of 18, and four out of every 10 is under the age of 25. The youthfulness and rapid growth of this population ensure that American Latinos will have a substantial role in American life ranging from public policy to popular entertainment. Greater understanding of this role will benefit all of American society. (6) The American Latino population historically has been concentrated in certain regions of the United States. In the last several decades, however, there has been more dispersed growth of the community throughout the entire country. In the southern states other than Texas, most have seen the population of Latinos, primarily immigrants, double between the years 1990 and 2000, adding to the mixture of cultures already there as these individuals adapt to Southern life. (7) Despite the history and demography as well as the ongoing contributions that American Latinos make to the cultural life of the United States, there remains a great gap in the level and quality of awareness that other Americans possess about the rich and diverse character of Latino culture and history. Sometimes the lack of awareness manifests itself in the development of stereotypes or misconceptions about Latinos. Greater effort is needed at a national level to educate other Americans about Latinos, and to celebrate and disseminate information about Latino arts and history. Americans of all backgrounds benefit from greater understanding of the diversity that exists in the United States. (8) The Smithsonian Institution is the world's largest museum and research complex, with 16 museums in the District of Columbia and New York City. The Smithsonian Institution museums, especially those on the National Mall, play a unique and important role in educating visitors to the Nation's capital about our history, arts, and culture. The American people and international visitors recognize the Smithsonian Institution as the premier American museum, representing the vast diversity of cultural history of the United States. (9) After extensive dialogue, conferences, and collaboration among educators, scholars, and community leaders, as well as museums, universities, cultural, and public institutions, a task force appointed to examine the Smithsonian Institution's representation of American Latinos in its permanent exhibits and other public programs published ``Willful Neglect: The Smithsonian Institution and U.S. Latinos'' (May 1994) and ``Toward a Shared Vision: U.S. Latinos and the Smithsonian Institution'' (October 1997). The reports indicate that the Smithsonian historically had a poor record of representing Latinos. This criticism led to the creation of the Smithsonian's Center for Latino Initiatives in 1998. (10) The Center for Latino Initiatives has increased the profile of Latino arts and culture and should be commended for promoting diversity and understanding of American Latino culture by the Smithsonian's patrons. The Center's short history has shown that American Latino exhibits and programs are well received by the public and by the Latino community, which benefits from having some representation at the Smithsonian. Still, the level of representation at the Smithsonian of the Latino community is far from where it should be given American Latino history, demography, and contributions to the American cultural landscape. (11) For these reasons, it is necessary to establish a commission to draft a plan of action for creating a National Museum of the American Latino within the Smithsonian Institution, on or near the National Mall in Washington, D.C. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Establish the National Museum of the American Latino (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications.--Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either-- (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with-- (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of the National Museum of the American Latino in Washington, D.C. (hereafter in this Act referred to as the ``Museum''). (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on Issues.--The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C., to be considered in consultation with the National Capital Planning Commission. (4) Whether the Museum should be located within the Smithsonian Institution. (5) The governance and organizational structure from which the museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Resources of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. (e) National Conference.--In carrying out its functions under this section, the commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of the enactment of this Act. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Secretary of Interior.--The Secretary of the Interior shall provide the administrative services, facilities, and funds necessary for the performance of the Commission's functions. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports and plans required under section 4 not later than 18 months after the date of the enactment of this Act. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2005 and $1,100,000 for fiscal year 2006.
Commission to Establish the National Museum of the American Latino Act of 2003 - Establishes the Commission to Establish a National Museum of the American Latino. Directs the Commission to: (1) report to the President and Congress with recommendations on a plan of action to establish and maintain, in Washington, DC, the National Museum of the American Latino; (2) develop a fundraising plan, examine specified issues (including whether the Museum should be within the Smithsonian Institution), and make legislative recommendations; and (3) convene a national conference on the Museum. Directs the Secretary of the Interior to provide administrative services, facilities, and funds necessary for performance of Commission functions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Transportation Protection Amendments Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The transportation of nuclear waste to a Yucca Mountain repository would require a massive transportation undertaking. More nuclear waste would be shipped in the first full year of repository operations than has been transported in the entire five-decade history of nuclear waste shipments in the United States. (2) The transportation of this waste would require over 96,000 truck shipments over four decades. Almost every major east-west interstate highway and mainline railroad in the country would experience nuclear waste shipments as waste is moved from reactors and other sites in 39 States. (3) The Department of Energy proposes to directly impact 44 States, many of the major metropolitan areas in the Nation, and at least 109 cities with populations exceeding 100,000. Highway shipments alone will impact at least 703 counties with a combined population of 123,000,000 people. Nationally, between 7,000,000 and 11,000,000 people reside within one-half mile of the anticipated truck or rail routes. (4) This never-before-attempted nuclear waste transportation effort would bring with it a constellation of hazards and risks, including potentially serious economic damage and property value losses in cities and communities along shipping routes. Also of concern are the increased security risks from shipments that represent numerous mobile targets within some of the country's most populous and vulnerable metropolitan areas. (5) Before any nuclear waste shipments occur, the Federal Government must ensure the safety and security of these shipments. This Act requires the Secretary of Energy to develop a comprehensive safety program that establishes new safety and security measures that greatly exceed the minimal level of protection offered today. SEC. 3. AMENDMENTS. Section 180 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10175) is amended by adding at the end the following new subsections: ``(d) Comprehensive Safety Program.--The Secretary shall develop a comprehensive safety program that includes, consistent with this title, driver selection, independent inspections, bad weather protocols, road condition reporting, safe parking areas, advance notice, real time tracking and monitoring, emergency response, medical preparedness, equipment standards, training and exercises, mutual aid agreements, emergency alternative routing, program evaluation, and public information. ``(e) Protecting Populated Communities.--The Secretary may not transport high-level radioactive waste through an incorporated community with a population in excess of 50,000 unless the waste originates in that community. ``(f) Oldest Fuel First.--The Secretary shall ensure that the oldest spent nuclear fuel shall be transported before other spent nuclear fuel. ``(g) Full-Scale Cask Testing.--No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under this Act except in packages the design of which has been certified by the Commission and tested at full-scale, including physical tests to destruction, to demonstrate compliance with the Commission performance standards. The Commission shall ensure a stakeholder role in the development of a cask testing program for testing under this subsection, including selection of test facilities, personnel, and peer review. ``(h) State and Local Route Consultation.--Affected State, local, and tribal governments shall be consulted in the selection of routes for the transportation of spent nuclear fuel and high-level radioactive waste. ``(i) Private Carrier Prohibition.--Spent nuclear fuel and high- level radioactive waste shall not be transported under this Act by a private sector carrier. ``(j) Advance Notification.--The Secretary shall provide a minimum of 14 days advance notification to States, Indian tribes, and local communities through whose jurisdiction the Secretary plans to transport spent nuclear fuel and high-level radioactive waste. ``(k) Security Precautions.--All transportation of spent nuclear fuel and high-level radioactive waste under this Act shall-- ``(1) if by train, be on a train dedicated solely to such transportation; ``(2) include at least 3 armed escorts for each nuclear waste convoy, including a lead vehicle and a trailer vehicle; ``(3) be scheduled to avoid regular transportation patterns; ``(4) be planned in order to minimize storage times; and ``(5) occur at a time when the receiver at the final delivery point will be present to accept shipment.''.
Nuclear Waste Transportation Protection Amendments Act of 2002 - Amends the Nuclear Waste Policy Act of 1982 to direct the Secretary of Energy to develop a comprehensive safety program governing the transportation of nuclear waste to a Yucca Mountain repository that includes: driver selection, independent inspections, bad weather protocols, road condition reporting, safe parking areas, advance notice, real time tracking and monitoring, emergency response, medical preparedness, equipment standards, training and exercises, mutual aid agreements, emergency alternative routing, program evaluation, and public information.Prohibits the Secretary from transporting high-level radioactive waste through certain populated communities unless the waste originates in such community.Instructs the Secretary to ensure that the oldest spent nuclear fuel is transported before other spent nuclear fuel.Mandates transportation of spent nuclear fuel or high-level radioactive waste in packages whose design has been certified by the Nuclear Regulatory Commission and tested at full scale to demonstrate compliance with Commission performance standards.Mandates consultation with affected State, local, and tribal governments in the selection of routes for the transportation of spent nuclear fuel and high-level radioactive waste.Prohibits private sector transportation of spent nuclear fuel and high-level radioactive waste.Requires the Secretary to provide advance notification to States, Indian tribes, and local communities through whose jurisdiction the Secretary plans to transport spent nuclear fuel and high-level radioactive waste.Sets forth security precautions for all transportation of spent nuclear fuel and high-level radioactive waste.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to the end of the Cold War, the United States has not recently conducted underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada, and the United States does not plan to conduct such testing in the foreseeable future. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that portions of the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include both private-sector and military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the nonproliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs in addition to maintaining its readiness capability in support of the nuclear arsenal. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry. (9) The Nevada Test Site can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (10) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (11) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (12) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (13) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. (14) The Nevada Test Site can also support non- proliferation, counter-proliferation, and counter-terrorism activities. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter- proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 and each fiscal year thereafter to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is not less than the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (b) Staffing Levels.--The Secretary of Energy shall maintain a staffing level at the Nevada Test Site that the Secretary considers sufficient to carry out activities under this Act in addition to any other activities conducted by the Department of Energy at the Nevada Test Site. (c) Infrastructure Assessments and Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any infrastructure assessments and activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, counter-proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including activities-- (1) that involve the demilitarization of large rocket motor and conventional ordnance; (2) that assist in disarmament and demilitarization, generally; and (3) that test and demonstrate the nonmilitary application of technologies and resources the military application of which has decreased or otherwise changed due to disarmament and demilitarization. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear weapons; (2) the provision of support to the Department of Energy nuclear weapons complex; (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators; and (4) the conduct of the stockpile stewardship program established pursuant to section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public Law 103-160). (f) Activities Related to Nonproliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Counter-Proliferation.--The Center shall carry out experiments related to the counter-proliferation of nuclear weapons. (h) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to hazardous and toxic accidents and emergencies. (i) Other Activities.--The Center may carry out the testing and demonstration of any other technology which, in the determination of the Secretary of Energy, is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is authorized to be appropriated to the Secretary of Energy for fiscal year 1997 such sums as may be necessary to carry out this Act.
National Center for Excellence in Research and Development Act of 1996 - Authorizes appropriations to the Secretary of Energy for FY 1995 and beyond to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. Establishes within the Department of Energy a national Test and Demonstration Center of Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) certain alternative and renewable energy sources, including solar and geothermal energy, as well as natural gas, electricity, and hydrogen as components of a National Alternative-Fueled Vehicles Program; (2) certain changes in the U.S. military as a result of the end of the Cold War, including demilitarization and disarmament activities and the nonmilitary application of military technologies and resources; (3) stewardship of the Federal nuclear stockpile; (4) non-proliferation and counter-proliferation of nuclear weapons; and (5) development of certain environmental technologies, including technologies for remediation of toxic and hazardous chemicals, and activities pertaining to emergency response to hazardous and toxic accidents.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Enhancement Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Clinical research is critical to the advancement of scientific knowledge and to the development of cures and improved treatment for disease. (2) Tremendous advances in biology are opening doors to new insights into human physiology, pathophysiology and disease, creating extraordinary opportunities for clinical research. (3) Clinical research includes translational research which is an integral part of the research process leading to general human applications. It is the bridge between the laboratory and new methods of diagnosis, treatment, and prevention and is thus essential to progress against cancer and other diseases. (4) The United States will spend more than $1 trillion on health care in 1997, but the Federal budget for health research at the National Institutes of Health was $12.7 billion, only 1 percent of that total. (5) Studies at the Institute of Medicine, the National Research Council, and the National Academy of Sciences have all addressed the current problems in clinical research. (6) The Director of the National Institutes of Health has recognized the current problems in clinical research and has through the use of an advisory committee begun to evaluate these problems. (7) The current level of training and support for health professionals in clinical research is fragmented, frequently undervalued, and potentially underfunded. (8) Young investigators are not only apprentices for future positions but a crucial source of energy, enthusiasm, and ideas in the day-to-day research that constitutes the scientific enterprise. Serious questions about the future of life-science research are raised by the following: (A) The number of young investigators applying for grants dropped by 54 percent between 1985 and 1993. (B) The number of federally funded research (R01) grants awarded to persons under the age of 36 have decreased by 70 percent from 1985 to 1993. (C) Newly independent life-scientists are expected to raise funds to support their new research programs and a substantial proportion of their own salaries. (9) The following have been cited as reasons for the decline in the number of active clinical researchers, and those choosing this career path: (A) A medical school graduate incurs an average debt of $80,000, as reported in the Medical School Graduation Questionnaire by the American Association of Medical Colleges (AAMC). (B) The prolonged period of clinical training required increases the accumulated debt burden. (C) The decreasing number of mentors and role models. (D) The perceived instability of funding from the National Institutes of Health and other Federal agencies. (E) The almost complete absence of clinical research training in the curriculum of training grant awardees. (F) Academic Medical Centers are experiencing difficulties in maintaining a proper environment for research in a highly competitive health care marketplace, which are compounded by the decreased willingness of third party payers to cover health care costs for patients engaged in research studies and research procedures. (10) In 1960, general clinical research centers were established under the Office of the Director of the National Institutes of Health with an initial appropriation of $3,000,000. (11) Appropriations for general clinical research centers in fiscal year 1997 equaled $153,000,000. (12) In fiscal year 1997, there were 74 general clinical research centers in operation, supplying patients in the areas in which such centers operate with access to the most modern clinical research and clinical research facilities and technologies. (13) The average annual amount allocated for each general clinical research center is $1,900,000, establishing a current funding level of 75 percent of the amounts approved by the Advisory Council of the National Center for Research Resources. (b) Purpose.--It is the purpose of this Act to provide additional support for and to expand clinical research programs. SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH IN CLINICAL RESEARCH. Section 402 of the Public Health Service Act (42 U.S.C. 282) is amended by adding at the end the following: ``(l)(1) The Director of NIH shall undertake activities to support and expand the involvement of the National Institutes of Health in clinical research. ``(2) In carrying out paragraph (1), the Director of NIH shall-- ``(A) design test pilot projects and implement the recommendations of the Division of Research Grants Clinical Research Study Group and other recommendations for enhancing clinical research, where applicable; and ``(B) establish an intramural clinical research fellowship program and a continuing education clinical research training program at NIH. ``(3) The Director of NIH, in cooperation with the Directors of the Institutes, Centers, and Divisions of the National Institutes of Health, shall support and expand the resources available for the diverse needs of the clinical research community, including inpatient, outpatient, and critical care clinical research. ``(4) The Director of NIH shall establish peer review mechanisms to evaluate applications for-- ``(A) clinical research career enhancement awards; ``(B) innovative medical science awards; ``(C) graduate training in clinical investigation awards; ``(D) intramural clinical research fellowships. Such review mechanisms shall include individuals who are exceptionally qualified to appraise the merits of potential clinical research training and research grant proposals.''. SEC. 4. GENERAL CLINICAL RESEARCH CENTERS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is further amended by adding at the end the following: ``SEC. 409B. GENERAL CLINICAL RESEARCH CENTERS. ``(a) Grants.--The Director of the National Center for Research Resources shall award grants for the establishment of general clinical research centers to provide the infrastructure for clinical research including clinical research training and career enhancement. Such centers shall support clinical studies and career development in all settings of the hospital or academic medical center involved. ``(b) Activities.--In carrying out subsection (a), the Director of NIH shall expand the activities of the general clinical research centers through the increased use of telecommunications and telemedicine initiatives. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary. ``SEC. 409C. ENHANCEMENT AWARDS. ``(a) Clinical Research Career Enhancement Award.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `clinical research career enhancement awards') to support individual careers in clinical research at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. The Director of the National Center for Research Resources shall, where practicable, collaborate or consult with other Institute Directors in making awards under this subsection. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Limitations.--The amount of a grant under this subsection shall not exceed $125,000 per year per grant. Grants shall be for terms of 5 years. The Director shall award not more than 20 grants in the first fiscal year, and not more than 40 grants in the second fiscal year, in which grants are awarded under this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated to make grants under paragraph (1), $3,000,000 for fiscal year 1998, and such sums as may be necessary for each subsequent fiscal year. ``(b) Innovative Medical Science Award.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `innovative medical science awards') to support individual clinical research projects at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. The Director of the National Center for Research Resources shall, where practicable, collaborate or consult with other Institute Directors in making awards under this subsection. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director requires. ``(3) Limitations.--The amount of a grant under this subsection shall not exceed $175,000 per year per grant. ``(4) Authorization of appropriations.--There is authorized to be appropriated to make grants under this subsection, $52,500,000 for fiscal year 1998, and such sums as may be necessary for each subsequent fiscal year. ``(c) Graduate Training in Clinical Investigation Award.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `graduate training in clinical investigation awards') to support individuals pursuing master's or doctoral degrees in clinical investigation. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Limitations.--The amount of a grant under this subsection shall not exceed $75,000 per year per grant. Grants shall be for terms of 2 years or more and will provide stipend, tuition, and institutional support for individual advanced degree programs in clinical investigation. ``(4) Definition.--As used in this subsection, the term `advanced degree programs in clinical investigation' means programs that award a master's or Ph.D. degree after 2 or more years of training in areas such as the following: ``(A) Analytical methods, biostatistics, and study design. ``(B) Principles of clinical pharmacology and pharmacokinetics. ``(C) Clinical epidemiology. ``(D) Computer data management and medical informatics. ``(E) Ethical and regulatory issues. ``(F) Biomedical writing. ``(5) Authorization of Appropriations.--There is authorized to be appropriated to make grants under this subsection, $3,000,000 for fiscal year 1998, and such sums as may be necessary for each subsequent fiscal year.''. SEC. 5. CLINICAL RESEARCH ASSISTANCE. (a) National Research Service Awards.--Section 487(a)(1)(C) of the Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by striking ``50 such'' and inserting ``100 such''. (b) Loan Repayment Program.--Section 487E of the Public Health Service Act (42 U.S.C. 288-5) is amended-- (1) in the section heading, by striking ``from disadvantaged backgrounds''; (2) in subsection (a)(1)-- (A) by striking ``who are from disadvantaged backgrounds''; and (B) by striking ``as employees of the National Institutes of Health'' and inserting ``as part of a clinical research training position''; (3) in subsection (a), by striking paragraph (3) and inserting the following: ``(3) Applicability of certain provisions regarding obligated service.--With respect to the National Health Service Corps Loan Repayment Program established under subpart III of part D of title III, the provisions of such subpart shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to such loan repayment program.''; (4) in subsection (b)-- (A) by striking ``Amounts'' and inserting the following: ``(1) In general.--Amounts''; and (B) by adding at the end the following: ``(2) Disadvantaged backgrounds set-aside.--In carrying out this section, the Secretary shall ensure that not less than 50 percent of the contracts involve those appropriately qualified health professionals who are from disadvantaged backgrounds.''; and (5) by adding at the end the following: ``(c) Definition.--As used in subsection (a)(1), the term `clinical research training position' means an individual serving in a general clinical research center or in clinical research at the National Institutes of Health, or a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year.''. SEC. 6. DEFINITION. Section 409 of the Public Health Service Act (42 U.S.C. 284d) is amended-- (1) by striking ``For purposes'' and inserting ``(a) Health Service Research.--For purposes''; and (2) by adding at the end the following: ``(b) Clinical Research.--As used in this title, the term `clinical research' means patient oriented clinical research conducted with human subjects, or research on the causes and consequences of disease in human populations involving material of human origin (such as tissue specimens and cognitive phenomena) for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology, or disease; or epidemiologic or behavioral studies, outcomes research, or health services research, or developing new technologies or therapeutic interventions.''.
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as innovative medical science awards); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for the Future Act of 2016''. SEC. 2. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS STEM PILOT GRANT PROGRAM. (a) Establishment.--The Secretary of Labor shall establish a competitive grant pilot program to award grants to eligible entities for the purpose of developing, offering, improving, or providing STEM education or career training programs for workers. (b) Eligible Entity.-- (1) In general.--For purposes of this Act, an ``eligible entity'' means one of the following in partnership with employers or an association of employers: (A) A junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))). (B) A postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). (C) A 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretary of Labor, to a community college. (D) A tribal college or university (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (E) At the discretion of the Secretary of Labor, a private, not-for-profit, 2-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (F) A consortium of any of the entities described in subparagraphs (A) through (E). (2) Additional partnerships.--An eligible entity described in paragraph (1) may partner with any of the following: (A) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (B) A community-based organization, a nonprofit organization, or other public or private entity with a demonstrated record of successfully meeting student and family needs. (C) A joint labor-management partnership. (D) Any other organization that the Secretary of Labor considers appropriate. (3) Workforce development board.--Any such partnership shall collaborate with, and may include, the State board or local board. (c) Application.--An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretary of Labor at such time and containing such information as the Secretary may require. The proposal shall include, at a minimum, a detailed description of-- (1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, improve, or provide a STEM education or career training program; (2) the extent to which the project will meet the STEM education or career training needs of workers in the area served by the eligible entity; (3) the extent to which the project will meet the needs of employers in the region for skilled workers in in-demand industry sectors and in-demand occupations, including high technology areas, nanotechnology, and advanced manufacturing; (4) the extent to which the project fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing STEM education or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (d) Specifications of Grants.-- (1) Duration.--A grant shall be awarded under this section for a period of up to 36 months in duration. (2) Size of grant.--The amount of a grant awarded under this subsection may not exceed $3,000,000 for an individual entity and $20,000,000 for a consortium. (e) Criteria for Award.-- (1) In general.--Grants under this section shall be awarded based on-- (A) a determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide STEM education or career training programs to be made available to workers; (B) an assessment of the likely employment opportunities available in the region to individuals who complete a STEM education or career training program that the eligible entity proposes to develop, offer, improve, or provide; (C) an assessment of prior demand for STEM training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing STEM training programs to meet future demand for STEM training programs; and (D) any additional criteria established by the Secretary of Labor. (2) Priority.--The Secretary of Labor shall give priority to eligible entities that-- (A) include a partnership with a business or industry or sector partnership that-- (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary STEM credential leading to an occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, particularly individuals who have been unemployed for 27 weeks or longer; (D) are community colleges serving areas with high unemployment rates, including rural areas; and (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965. (f) Use of Funds.--Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of STEM academic programs or training programs that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors, which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary STEM credential or degree in in-demand industry sectors and in-demand occupations, including by-- (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary STEM credential or degree, including programs that-- (A) blend basic skills and occupational training; (B) facilitate means of transitioning from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or in-demand occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as-- (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. (g) Authorizations of Appropriations.--There are authorized to be appropriated to the Secretary of Labor $100,000,000 for each of fiscal years 2017 through 2019 to carry out this section. (h) Definitions.--For the purposes of this section: (1) The terms ``in-demand industry sector or occupation'', ``local board'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) The term ``STEM'' means science, technology, education, and mathematics.
Partnerships for the Future Act of 2016 This bill directs the Department of Labor to establish a competitive grant pilot program to award grants to eligible entities for developing, offering, improving, or providing science, technology, education, and mathematics (STEM) education or career training programs for workers. "Eligible entity" means one of the following in partnership with employers or an association of employers: a junior or community college; a postsecondary vocational institution; a four-year public institution of higher education that offers two-year degrees, will use provided funds for activities at the certificate and associate degree levels, and is not reasonably close to a community college; a tribal college or university; at Labor's discretion, a private, not-for-profit, two-year institution of higher education in a specified U.S. territory or possession; or a consortium of any such entities. An eligible entity may partner with an adult education provider or institution of higher education, an entity with a demonstrated record of successfully meeting student and family needs, or a joint labor-management partnership. The bill sets forth criteria and priorities for awarding grants. Grants shall be used for: the development, offering, improvement, or provision of STEM academic programs or training programs that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors; the development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary STEM credential or degree in such sectors and in-demand occupations; the creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary STEM credential or degree; and/or the support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Benefit Bonds Innovative Financing Act''. SEC. 2. TAX TREATMENT OF DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS INVESTING IN PUBLIC BENEFIT BONDS. (a) In General.--Section 72 of the Internal Revenue Code of 1986 (relating to annuities; certain proceeds of endowment and life insurance contracts) is amended by redesignating subsection (w) as subsection (x) and by inserting after subsection (v) the following new subsection: ``(w) Treatment of Distribution From Qualified Retirement Plans Investing in Public Benefit Bonds.-- ``(1) In general.--In the case of any qualified retirement plan which receives directly or indirectly any interest on any public benefit bond (including any payments in respect thereof made by a surety or guarantor) for purposes of applying this section to any distribution from such plan, the distributee's investment in the contract shall be treated as including such distributee's allocable share of such interest under the terms of the qualified retirement plan, and any such distribution shall be treated as a distribution described in subsection (e)(2)(B) in which the distribution is allocable first to the investment in the contract attributable to such interest. ``(2) Treatment of installments.--In the case of a distribution to be made over more than one calendar year, the amount of public benefit bond interest to be taken into account with respect to a given calendar year shall be the aggregate amount of such interest allocable to the distributee as of the end of the prior calendar year. With respect to the final calendar year, the amount of public benefit bond interest to be taken into account shall include the amount of such interest received by the plan during such year that is allocable to the plan participant with respect to whom the distribution is made. ``(3) Public benefit bond.--The term `public benefit bond' means any obligation issued after the date of the enactment of this subsection if-- ``(i) 95 percent or more of the net proceeds of such obligation are used in connection with the financing or refinancing of 1 or more infrastructure facilities, ``(ii) such obligation has received a published rating, and ``(iii) the development of such infrastructure facilities have been or will be undertaken by a governmental entity or public-private partnership, as such terms are defined in paragraph (7). ``(4) Legend required.--No obligation shall be a public benefit bond for purposes of this subsection unless it is designated as intended to be a public benefit bond on the date of issuance and bears a legend to such effect. ``(5) Qualified retirement plan.--For purposes of this subsection, the term `qualified retirement plan' means-- ``(A) a qualified retirement plan (as defined in section 4974(c)), and ``(B) an eligible deferred compensation plan (as defined in section 457(b)). ``(6) Treatment of dividends from mutual funds.-- ``(A) In general.--For purposes of this subsection, in the case of any dividend (other than a dividend described in section 854(a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(i) the entire amount of such dividend shall be treated as interest on a public benefit bond if the aggregate interest on such bonds received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(ii) if clause (i) does not apply, a portion of such dividend shall be treated as interest on a public benefit bond based on the portion of the company's gross income which consists of such interest. ``(B) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as interest on a public benefit bond for purposes of this section shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(C) Gross income.--For purposes of this section, the term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(7) Definitions.--In this section, the following definitions apply: ``(A) Entity.--The term `entity' means an individual, corporation, partnership, joint venture, trust or governmental entity or instrumentality. ``(B) Infrastructure facility.--The term `infrastructure facility' means a road, highway, bridge, tunnel, airport, mass transportation vehicle or system, passenger rail vehicle or system, intermodal transportation facility, waterway, commercial port, drinking or waste water treatment facility, solid waste disposal facility, pollution control system, hazardous waste facility, federally designated national information highway facility, school, and any ancillary facility which forms a part of any such facility or is reasonably related to such facility, whether owned, leased or operated by a public entity or a private entity or by a combination of such entities, and the financing or refinancing of the development of which is, or will be, supported in whole or in part by user fees or other dedicated revenue sources. ``(C) Public-private partnership.--The term `public-private partnership' means any entity-- ``(i) which is undertaking the development of all or part of any infrastructure facility-- ``(I) pursuant to requirements established in 1 or more contracts between such entity and a State or an instrumentality of a State, or ``(II) the activities of which with respect to such facility are subject to regulation by a State or any instrumentality of a State, and ``(ii) which owns, leases, or operates, or will own, lease, or operate, such infrastructure facility in whole or in part, and at least 1 of the participants in such entity is a nongovernmental entity.''. (b) Conforming Amendment.--Subsection (w) of section 72 of the Internal Revenue Code of 1986 is amended by adding the following new paragraph: ``(4) Treatment of qualifying public benefit bond interest.--For purposes of subsections (c)(1)(A) and (c)(2)(A), the total amount of public benefit bond interest described in subsection (w) with respect to a participant in a qualified retirement plan (determined without reference to the annuity starting date) shall be treated as an investment in the contract.''. (c) Effective Date.--The amendments made this section shall apply to distributions after the date of the enactment of this Act.
Public Benefit Bonds Innovative Financing Act - Amends the Internal Revenue Code to provide for the tax treatment of distributions from qualified retirement plans investing in public benefit bonds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freeze and Investigate Affordable Care Act of 2011''. SEC. 2. FREEZE ON IMPLEMENTATION OF HEALTH REFORM LAW. (a) In General.--Notwithstanding any other provision of law, the provisions of the health reform law that are not in effect on the date of the enactment of this Act shall not take effect. (b) Regulations Under Health Reform Law.--Notwithstanding any other provision of law, the Federal Government shall not promulgate or enforce regulations under the provisions of the health reform law that are not in effect on the date of enactment of this Act, or otherwise prepare to implement such provisions. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch a commission to be known as the Affordable Care Evaluation Commission (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION; INVESTIGATIVE REPORT. The duties of the Commission shall be-- (1) to prepare and, not later than 270 days after the date of the enactment of this Act, to submit to the President and Congress a report that contains-- (A) a projection of the impact that the implementation of the provisions of the health reform law that are not in effect on the date of the enactment of this Act would have on-- (i) the quality of health care delivered to individuals who are Medicare recipients on the date of the enactment of this Act; (ii) health insurance coverage of individuals who are insured on such date; (iii) participation in State exchanges and the effect on the Federal deficit; and (iv) job creation and the size of the tax base; (B) an evaluation of the findings, conclusions, and recommendations developed by all other relevant governmental agencies regarding the facts and circumstances surrounding such implementation; and (C) a recommendation of corrective measures to mitigate any negative impact of such implementation; and (2) to make available to the public the report submitted under paragraph (1). SEC. 5. MEMBERS OF COMMISSION. (a) Composition.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chair of the Commission; (2) 1 member shall be appointed by the Speaker of the House, who shall serve as vice chair of the Commission; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the minority leader of the Senate; (5) 2 members shall be appointed by the majority leader of the House of Representatives; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Deadline for Appointment.--All members of the Commission shall be appointed before the end of the 30-day period beginning on the date of the enactment of this Act. (c) Qualifications.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--Individuals appointed to the Commission shall be prominent citizens, with national recognition and significant depth of experience in such professions as government service, financial services, economics, law, public administration, commerce, and the United States healthcare system. SEC. 6. OPERATION OF COMMISSION. (a) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (b) Public Meetings.--Meetings of the Commission shall be held in public to the extent practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chair, the vice chair, or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 7. COMPENSATION OF MEMBERS. (a) Compensation.--Each member of the Commission shall be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of duties vested in the Commission. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Members Not Treated as Federal Employees.--The Members of the Commission shall not be considered employees under section 2105 of title 5, United States Code. SEC. 8. DIRECTOR AND STAFF OF COMMISSION. (a) Appointment and Compensation.--The chair of the Commission, in consultation with the vice chair of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the pay of a director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Upon request of the Commission, the head of a Federal department or agency may detail, without reimbursement from the Commission, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon the request of the chair or a majority of the Commission, the head of that department or agency shall furnish such information to the Commission. (c) Subpoenas.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission only-- (A) by the agreement of the chair and the vice chair; or (B) by the affirmative vote of 6 members of the Commission. (2) Service of subpoenas.--Subpoenas of the Commission may be served by any person designated by the chair or by a majority of the Commission. (3) Enforcement.-- (A) In general.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring such person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as civil contempt. (B) Additional enforcement.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (d) Contracting.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to carry out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (f) Gifts.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 10. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Commission. SEC. 11. TERMINATION. The Commission shall terminate not later than 30 days after the report is submitted under section 4. SEC. 12. DEFINITIONS. In this Act: (1) The term ``health reform law'' means the Patient Protection and Affordable Care Act (Public Law 111-148) and the health care-related provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), including the amendments made by such provisions. (2) The term ``health care-related provisions'' means, with respect to the Health Care and Education Reconciliation Act of 2010, title I and subtitle B of title II of such Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the activities of the Commission under this Act, to remain available until the termination of the Commission.
Freeze and Investigate Affordable Care Act of 2011 - Declares that the provisions of the health reform law that are not in effect on the date of the enactment of this Act shall not take effect. Prohibits the federal government from promulgating or enforcing regulations under the provisions of the health reform law that are not in effect on the date of enactment of this Act, or otherwise prepare to implement such provisions. Establishes the Affordable Care Evaluation Commission to report to the President and Congress a projection of the impact that the implementation of the provisions of the health reform law that are not in effect on the enactment of this Act would have on: (1) the quality of health care delivered to individuals who are Medicare recipients on the date of the enactment of this Act, (2) health insurance coverage of individuals insured as of such date, (3) participation in state exchanges and the effect on the federal deficit, and (4) job creation and the size of the tax base. Requires the report also to: (1) evaluate findings, conclusions, and recommendations developed by all other relevant government agencies regarding the facts and circumstances surrounding such implementation, and (2) recommend corrective measures to mitigate any negative impact of such implementation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Our Schools Act''. SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SECURITY. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part: ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. ``(b) Uses of Funds.--Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: ``(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ``(2) Security assessments. ``(3) Security training of personnel and students. ``(4) Coordination with local law enforcement. ``(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security. ``(c) Preferential Consideration.--In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. ``(d) Matching Funds.-- ``(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. ``(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. ``(e) Equitable Distribution.--In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(f) Administrative Costs.--The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this Act for administrative costs. ``SEC. 2702. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. Each application shall-- ``(1) include a detailed explanation of-- ``(A) the intended uses of funds provided under the grant; and ``(B) how the activities funded under the grant will meet the purpose of this part; and ``(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are-- ``(A) consistent with a comprehensive approach to preventing school violence; and ``(B) individualized to the needs of each school at which those improvements are to be made. ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``SEC. 2703. ANNUAL REPORT TO CONGRESS. ``Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. ``SEC. 2704. DEFINITIONS. ``For purposes of this part-- ``(1) the term `school' means a public elementary or secondary school; ``(2) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and ``(3) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part the following amounts: ``(1) $30,000,000 for fiscal year 2001. ``(2) $30,000,000 for fiscal year 2002. ``(3) $30,000,000 for fiscal year 2003.''.
Sets forth provisions regarding: (1) permissible uses of funds (including for locks, lighting, and security assessments and training), preferential consideration, matching funds, equitable geographical distribution of funds, and limits on administrative costs; and (2) application and reporting requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperator Program Act of 1995''. SEC. 2. FINDINGS, POLICY, AND PURPOSES. (a) Findings.--Congress finds that-- (1) the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports; (2) despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace; (3) 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers; (4) the foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations-- (A) have been among the most successful and cost- effective means of expanding United States agricultural exports; and (B) provide ongoing, long-term market development services to advance the economic interests of the United States; (5) the program and the activities of the cooperator organizations should be supported; (6) the Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future; and (7) as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. (b) Policy.--It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. (c) Purposes.--It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. SEC. 3. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM ``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. ``In this title, the term `eligible trade organization' means a United States trade organization that-- ``(1) promotes the export of 1 or more United States agricultural commodities or products; and ``(2) does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. ``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. ``(a) In General.--The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. ``(b) Cost Sharing Assistance.--The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. ``SEC. 703. ELIGIBILITY. ``(a) Eligible Trade Organizations.--To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall-- ``(1) demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents; ``(2) prepare and submit to the Secretary annually a marketing plan under section 705; and ``(3) meet other requirements established by the Secretary for participation in the program established under this title. ``(b) Criteria for Approval of Contracts and Agreements.--The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization-- ``(1) have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products; ``(2) will make long-range contributions to United States agricultural exports; ``(3) focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States; ``(4) include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities; ``(5) are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers; and ``(6) are focused on markets for which the United States is in competition with other exporting countries. ``SEC. 704. COOPERATOR RESPONSIBILITIES. ``(a) Trade Servicing, Technical Assistance, and Consumer Education.-- ``(1) In general.--An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. ``(2) Specific goals.--Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to-- ``(A) increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product; ``(B) establish a long-term presence in foreign markets for the commodity or product; ``(C) enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends; ``(D) make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product; ``(E) increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector; ``(F) identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions; and ``(G) achieve other goals specified by the Secretary. ``(b) Coordination, Assistance, and Consultation.-- ``(1) Coordination and assistance.-- ``(A) Eligible trade organization.--An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. ``(B) Foreign agricultural service.--The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. ``(2) Consultation.--An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. ``SEC. 705. ANNUAL MARKETING PLANS. ``(a) In General.--An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. ``(b) Requirement for Plans.--An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. ``(c) Amendments.--An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. ``SEC. 706. OVERSIGHT. ``(a) Monitoring.--The Secretary shall monitor the expenditure of funds received by each trade organization under this title. ``(b) Reports, Books, and Records.--An eligible trade organization receiving assistance under this title shall-- ``(1) keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization; and ``(2) make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. ``(c) Audits.--An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. ``(d) Evaluation.-- ``(1) In general.--The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine-- ``(A) whether the organization is in compliance with the annual marketing plan of the organization; and ``(B) the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. ``(2) High-volume agricultural commodities and products.-- In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider-- ``(A) the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector; and ``(B) the intensity of the competition by other exporting countries in the international markets for the commodities and products. ``SEC. 707. COOPERATOR ORGANIZATIONS. ``(a) Commodities for Cooperator Organizations.--The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. ``(b) Relationship to Funds.--Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. ``(c) Conflicts of Interest.--The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. ``SEC. 708. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.''. SEC. 4. CONFORMING AMENDMENTS. (a) Collection of Information on Foreign Markets.--Section 601 of the Act of August 28, 1954 (commonly known as the ``Agricultural Act of 1954'') (68 Stat. 908, chapter 104; 7 U.S.C. 1761) is amended-- (1) by striking ``Sec. 601. For'' and inserting the following: ``SEC. 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. ``(a) In General.--For''; and (2) by adding at the end the following: ``(b) Coordination With Foreign Market Development Cooperator Program.--The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.''. (b) Cooperator Organizations.--Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5234) is repealed. SEC. 5. IMPLEMENTATION AND TRANSITIONAL PROVISIONS. (a) Implementation.--The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 (as added by section 3) (referred to in this section as ``the program'') not later than 90 days after the date of enactment of this Act. (b) Transition.--In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. (c) Transfer of Funds.--Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.
Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements; and (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of U.S. agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to U.S. exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for U.S. agricultural commodities and products; and (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans; (2) oversight; and (3) cooperator organizations. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER PROTECTION SAFETY NET. (a) In General.--The Secretary of Commerce shall, in coordination with the Federal Trade Commission and other appropriate Federal agencies, and consistent with the international obligations of the United States, strengthen Federal consumer protection activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of applicable Federal laws. (b) Interagency Agreements.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary and other appropriate Federal agencies shall execute memoranda of understanding or other agreements to strengthen interagency cooperation on seafood safety, seafood labeling, and seafood fraud. (2) Scope of agreements.--The agreements shall include provisions, as appropriate for each such agreement, for-- (A) cooperative arrangements for examining and testing seafood imports that leverage the resources, capabilities, and authorities of each party to the agreement; (B) coordination of inspections of foreign facilities to increase the percentage of imported seafood and seafood facilities inspected; (C) standardizing data on seafood names, inspection records, and laboratory testing to improve interagency coordination; (D) coordination of the collection, storage, analysis, and dissemination of all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, and to carry out the provisions of this Act; (E) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (F) coordination to track shipments of seafood in the distribution chain within the United States; (G) enhancing labeling requirements and methods of assuring compliance with such requirements to clearly identity species and prevent fraudulent practices; (H) a process by which officers and employees of the National Oceanic and Atmospheric Administration may be commissioned by the head of any other appropriate Federal agency to conduct or participate in seafood examinations and investigations under applicable Federal laws administered by such other agency; (I) the sharing of information concerning observed non-compliance with United States seafood requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; (J) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities; (K) sharing, to the maximum extent allowable by law, all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, or otherwise to carry out the provisions of this Act; and (L) outreach to private testing laboratories, seafood industries, and the public on Federal efforts to enhance seafood safety and compliance with labeling requirements, including education on Federal requirements for seafood safety and labeling and information on how these entities can work with appropriate Federal agencies to enhance and improve seafood inspection and assist in detecting and preventing seafood fraud and mislabeling. (3) Annual reports on implementation of agreements.--The Secretary, the Chairman of the Federal Trade Commission, and the heads of other appropriate Federal agencies that are parties to agreements executed under paragraph (1) shall submit, jointly or severally, an annual report to the Congress concerning-- (A) specific efforts taken pursuant to the agreements; (B) the budget and personnel necessary to strengthen seafood safety and labeling and prevent seafood fraud; and (C) any additional authorities necessary to improve seafood safety and labeling and prevent seafood fraud. (c) Marketing, Labeling, and Fraud Report.--Within 1 year after the date of enactment of this Act, the Secretary and the Chairman of the Federal Trade Commission shall submit a joint report to the Congress on consumer protection and enforcement efforts with respect to seafood marketing and labeling in the United States. The report shall include-- (1) findings with respect to the scope of seafood fraud and deception in the United States market and its impact on consumers; (2) information on how the National Oceanic and Atmospheric Administration and the Federal Trade Commission can work together more effectively to address fraud and unfair or deceptive acts or practices with respect to seafood; (3) detailed information on the enforcement and consumer outreach activities undertaken by the National Oceanic and Atmospheric Administration and the Federal Trade Commission during the preceding year pursuant to this Act; and (4) an examination of the scope of unfair or deceptive acts or practices in the United States market with respect to foods other than seafood and whether additional enforcement authority or activity is warranted. (d) NOAA Seafood Inspection and Marking Coordination.-- (1) Deceptive marketing and fraud.--The National Oceanic and Atmospheric Administration shall report deceptive seafood marketing and fraud to the Federal Trade Commission pursuant to an agreement under subsection (b). (2) Application with existing agreements.--Nothing in this Act shall be construed to impede, minimize, or otherwise affect any agreement or agreements regarding cooperation and information sharing in the inspection of fish and fishery products and establishments between the Department of Commerce and the Department of Health and Human Services in effect on the date of enactment of this Act. Within 6 months after the date of enactment of this Act, the Secretary of Commerce and the Secretary of Health and Human Services shall submit a joint report to the Congress on implementation of any such agreement or agreements, including the extent to which the Food and Drug Administration has taken into consideration information resulting from inspections conducted by the Department of Commerce in making risk-based determinations such as the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of imported seafood. (3) Coordination with sea grant program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the NOAA Seafood Inspection Program is coordinated with the Sea Grant Program to provide outreach to States, consumers, and the seafood industry on seafood testing, seafood labeling, and seafood substitution, and strategies to combat mislabeling and fraud. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that the laboratories, including Federal, State, and private facilities, comply with applicable Federal laws. Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a list of certified laboratories. The Secretary shall update and publish the list no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary may increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent that the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. CONTAMINATED SEAFOOD. (a) Refusal of Entry.--The Secretary of Health and Human Services may issue an order refusing admission into the United States of all imports of seafood or seafood products originating from a country or exporter if the Secretary determines that shipments of such seafood or seafood products do not meet the requirements established under applicable Federal law. (b) Increased Testing.--If the Secretary of Health and Human Services determines that seafood imports originating from a country may not meet the requirements of Federal law, and determines that there is a lack of adequate certified laboratories to provide for the entry of shipments pursuant to section 3, then the Secretary may order an increase in the percentage of shipments tested of seafood originating from such country to improve detection of potential violations of such requirements. (c) Allowance of Individual Shipments from Exporting Country or Exporter.--Notwithstanding an order under subsection (a) with respect to seafood originating from a country or exporter, the Secretary may permit individual shipments of seafood originating in that country or from that exporter to be admitted into the United States if-- (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of applicable Federal laws; and (2) the Secretary, or other agent of a Federal agency authorized to conduct inspections of seafood, has inspected the shipment and has found that the shipment and the conditions of manufacturing meet the requirements of applicable Federal laws. (d) Cancellation of Order.--The Secretary may cancel an order under subsection (a) with respect to seafood exported from a country or exporter if all shipments into the United States under subsection (c) of seafood originating in that country or from that exporter more than 1 year after the date on which the Secretary issued the order have been found, under the procedures described in subsection (c), to meet the requirements of Federal law. If the Secretary determines that an exporter has failed to comply with the requirements of an order under subsection (a), the 1-year period in the preceding sentence shall run from the date of that determination rather than the date on which the order was issued. (e) Effect.--This section shall be in addition to, and shall have no effect on, the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, seafood products, or any other product. SEC. 6. INSPECTION TEAMS. (a) Inspection of Foreign Sites.--The Secretary, in cooperation with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team shall assess practices and processes being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to the requirements established under applicable Federal laws to address seafood fraud and safety. The inspection team shall prepare a report for the Secretary of Commerce with its findings. The Secretary of Commerce shall make a copy of the report available to the country or exporter that is the subject of the report and provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings to the Secretary. (b) Distribution and Use of Report.--The Secretary shall provide the report to the Secretary of Health and Human Services as information for consideration in making risk-based determinations such as the establishment of inspection priorities of domestic and foreign facilities and the examination and testing of imported seafood. The Secretary shall provide the report to the Executive Director of the Federal Trade Commission for consideration in making recommendations to the Chairman of the Federal Trade Commission regarding consumer protection to prevent fraud, deception, and unfair business practices in the marketplace. SEC. 7. SEAFOOD IDENTIFICATION. (a) Standarized List of Names for Seafood.--The Secretary and the Secretary of Health and Human Services shall initial a joint rulemaking proceeding to develop and make public a list of standardized names for seafood identification purposes at distribution, marketing, and consumer retail stages. The list of standardized names shall take into account taxonomy, current labeling regulations, international law and custom, market value, and naming precedence for all commercially distributed seafood distributed in interstate commerce in the United States and may not include names, whether similar to existing or commonly used names for species, that are likely to confuse or mislead consumers. (b) Publication of List.--The list of standardized names shall be made available to the public on Department of Health and Human Services and the Department of Commerce Web sites, shall be open to public review and comment, and shall be updated annually. SEC. 8. DEFINITIONS. In this Act: (1) Applicable federal laws.--The term ``applicable laws and regulations'' means Federal statutes, regulations, and international agreements pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act, section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of the Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and Critical Control Point regulations in part 123 of title 21, Code of Federal Regulations. (2) Appropriate federal agencies.--The term ``appropriate Federal agencies'' includes the Department of Health and Human Services, the Federal Food and Drug Administration, the Department of Homeland Security, and the Department of Agriculture. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.
Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and other appropriate federal agencies to enter into agreements to strengthen interagency cooperation on seafood safety, labeling, and fraud, including regarding examining and testing seafood imports, inspections of foreign facilities, establishing a distribution chain tracking system, data sharing, and public outreach. Requires the National Oceanic and Atmospheric Administration (NOAA) to report deceptive seafood marketing and fraud to the Federal Trade Commission (FTC). Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards in the United States and in countries that export seafood to the United States to analyze food and ensure that the laboratories comply with applicable federal laws. Authorizes the Secretary to increase the number and capacity of laboratories operated by NOAA involved in testing and other activities under this Act as necessary to carry out the provisions of this Act and as provided for in appropriations Acts. Sets forth provision authorizing: (1) the refusal of admission of imported seafood or seafood products originating from a country or exporter if such seafood does not meet federal requirements, and (2) increased inspection of shipments of seafood from countries that do not meet federal requirements and that lack adequate certified laboratories. Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to U.S. requirements. Requires the development and publication of an annual list of standardized names to identify seafood at the distribution, marketing, and consumer retail stages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2003''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2004, the $100,000 and $200,000 amounts in subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) Repeal of Termination.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Conforming Amendments.--Subparagraph (B) of section 222(b)(2) of such Code is amended-- (1) by striking ``2004 or 2005'' and inserting ``2004 or thereafter'', and (2) in the heading by striking ``and 2005'' and inserting ``and thereafter''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2003 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 6. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT FINANCIAL AID NEEDS ANALYSIS. (a) Definition of Assets.--Subsection (f) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) in paragraph (1) by inserting ``qualified education benefit (except as provided in paragraph (3)),'' after ``tax shelters,''; and (2) by adding at the end the following new paragraphs: ``(3) A qualified education benefit shall not be considered an asset of the student under section 475 of this part. ``(4) For purposes of this subsection, the term `qualified education benefit' means-- ``(A) a program which is described in clause (i) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 and which meets the requirements of section 529(b)(1)(B) of such Code; ``(B) a State tuition program described in clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 which meets the requirements of section 529(b)(1)(B) of such Code; and ``(C) a Coverdell education savings account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986).''. (b) Definition of Other Financial Assistance.--Subsection (j) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) by striking ``; Tuition Prepayment Plans'' in the heading of such subsection; (2) by striking ``(1) For purposes'' and inserting ``For purposes''; and (3) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall apply with respect to determinations of need under part F of title IV of the Higher Education Act of 1965 for academic years beginning on or after July 1, 2005. SEC. 7. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to subtitles A, B, and D of title IV of such Act.
Higher Education Affordability and Equity Act of 2003 - Amends the Internal Revenue Code and the Higher Education Act of 1965 to expand education incentives, including: (1) the deduction for interest on education loans; (2) making the deduction for qualified tuition and related expenses permanent; (3) increasing allowable contributions to Coverdell education savings accounts; (4) allowing qualified higher education expenses (books, supplies, room, board, and special needs services) to be excluded from gross income in the case of scholarship programs for higher education; and (5) repealing the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 applicable to title IV (Affordable Education Provisions) of such Act.
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SECTION 1. RENEWAL COMMUNITY TAX INCENTIVES. (a) In General.--Subsection (b) of section 1400E of the Internal Revenue Code of 1986 is amended-- (1) by striking ``December 31, 2009'' in paragraphs (1)(A) and (3) and inserting ``December 31, 2012''; and (2) by striking ``January 1, 2010'' in paragraph (3) and inserting ``January 1, 2013''. (b) Zero-Percent Capital Gains Rate.-- (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i) of section 1400F(b) of such Code are each amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (2) Limitation on period of gains.--Paragraph (2) of section 1400F(c) of such Code is amended-- (A) by striking ``December 31, 2014'' and inserting ``December 31, 2017''; and (B) by striking ``2014'' in the heading and inserting ``2017''. (3) Applicable rules.--Subsection (d) of section 1400F is amended-- (A) by striking ``December 31, 2014'' the first place it appears and inserting ``December 31, 2017'', and (B) by striking ``December 31, 2014'' the second place it appears and inserting ``December 31, 2016''. (c) Commercial Revitalization Deduction.-- (1) Extension.-- (A) In general.--Subsection (g) of section 1400I of such Code is amended by striking ``December 31, 2009'' and inserting ``December 31, 2012''. (B) Conforming amendment.--Subparagraph (A) of section 1400I(d)(2) of such Code is amended by striking ``after 2001 and before 2010'' and inserting ``which begins after 2001 and before the date referred to in subsection (g)''. (2) Carryforward of unallocated state commercial revitalization expenditure ceiling.-- (A) In general.--Paragraph (1) of section 1400I(d) of such Code is amended to read as follows: ``(1) In general.--The aggregate commercial revitalization expenditure amount which a commercial revitalization agency may allocate for any calendar year is the amount equal to the sum of-- ``(A) the amount of the State commercial revitalization expenditure ceiling determined under this paragraph for such calendar year for such agency (determined without regard to subparagraph (B)), and ``(B) the aggregate of the unused State commercial revitalization expenditure ceilings determined under this paragraph for such agency for each of the 2 preceding calendar years. For purposes of subparagraph (B), amounts of expenditure ceiling shall be treated as allocated by an agency first from unused amounts for the second preceding calendar year, then from unused amounts for the 1st preceding calendar year, and then from amounts from the current year State allocation.''. (B) Effective date.--The amendment made by this subsection shall apply to calendar years beginning after the date of the enactment of this Act. (d) Increased Expensing Under Section 179.--Subparagraph (A) of section 1400J(b)(1) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (e) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of a renewal community the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A) of section 1400E(b)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation unless, after the date of the enactment of this section, the entity which made such nomination reconfirms such termination date, or amends the nomination to provide for a new termination date, in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2009. (2) Acquisitions.--The amendments made by subsections (b)(1) and (d) shall apply to acquisitions after December 31, 2009. (3) Commercial revitalization deduction.-- (A) In general.--The amendment made by subsection (c)(1) shall apply to buildings placed in service after December 31, 2009. (B) Conforming amendment.--The amendment made by subsection (c)(2) shall apply to calendar years beginning after December 31, 2009.
Amends the Internal Revenue Code to extend through December 31, 2012, the designation period of areas as renewal communities and tax incentives for investment in such areas, including: (1) the exclusion from gross income for income tax purposes of gain from the sale or exchange of assets (stock or business property) in such areas, (2) the tax deduction for commercial revitalization expenditures in such areas, and (3) an increased expensing allowance for the acquisition of business and investment assets in such areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for High-Skilled Immigrants Act of 2011''. SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended-- (1) in the paragraph heading, by striking ``and employment- based''; (2) by striking ``(3), (4), and (5),'' and inserting ``(3) and (4),''; (3) by striking ``subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (4) by striking ``7'' and inserting ``15''; and (5) by striking ``such subsections'' and inserting ``such section''. (b) Conforming Amendments.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).''. (c) Country-Specific Offset.--Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended-- (1) in subsection (a), by striking ``subsection (e))'' and inserting ``subsection (d))''; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective Date.--The amendments made by this section shall take effect as if enacted on September 30, 2011, and shall apply to fiscal year 2012 and each subsequent fiscal year. (e) Transition Rules for Employment-Based Immigrants.-- (1) In general.--Subject to paragraphs (2) through (4), and notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following rules shall apply: (A) For fiscal year 2012, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 States with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2010 under such paragraphs. (B) For fiscal year 2013, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 States with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2011 under such paragraphs. (C) For fiscal year 2014, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 States with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2012 under such paragraphs. (2) Per-country levels.-- (A) Reserved visas.--With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas.--With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), for each of fiscal years 2012, 2013, and 2014, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas.--If, with respect to fiscal year 2012, 2013, or 2014, the application of paragraphs (1) and (2) would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2). (4) Rules for chargeability.--Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. SEC. 3. E-VISA REFORM. (a) Definition.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``, or solely to perform services as an employee who meets the requirements under section 203(d)(2) if the alien is a national of the Republic of Ireland,'' after ``Australia''. (b) Temporary Admission.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: ``(A) Except as otherwise provided in this subsection-- ``(i) an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)-- ``(I) after approval by the Secretary of Homeland Security of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite the alien's inadmissibility, may be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security; or ``(II) absent such recommendation and approval, be granted a nonimmigrant visa pursuant to section 101(a)(15)(E) if such ineligibility is based solely on conduct in violation of paragraph (6), (7), or (9) of section 212(a) that occurred before the date of the enactment of the Fairness for High-Skilled Immigrants Act of 2011; ``(ii) an alien who is inadmissible under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection), is in possession of appropriate documents or was granted a waiver from such document requirement, and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security, who shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.''. (c) Numerical Limitation.--Section 214(g)(11)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)(B)) is amended by inserting ``for each of the nationalities identified under section 101(a)(15)(E)(iii)'' before the period at the end.
Fairness for High-Skilled Immigrants Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act. Sets forth the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2010; (2) for FY2013, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2011; and (3) for FY2014, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012. Sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country. Includes nationals of Ireland coming to the United States under a treaty of commerce to perform specialty occupation services in the nonimmigrant E-3 visa category. Transfers specified approval authority regarding the temporary admission of certain aliens not otherwise admissible from the Attorney General (DOJ) to the Secretary of Homeland Security (DHS). Expands the grounds for such approval.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognizing Achievement in Classified School Employees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Classified school employees provide valuable service to public schools in the United States. (2) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care. (3) Classified school employees play a vital role in providing for the welfare and safety of students. (4) Classified school employees strive for excellence in all areas of service to the education community. (5) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States. SEC. 3. DEFINITION OF CLASSIFIED SCHOOL EMPLOYEE. In this Act: (1) Classified school employee.--The term ``classified school employee'' means a public employee of a State or of any political subdivision of a State, who works in any grade from prekindergarten through higher education in any of the following occupational specialties: (A) Paraeducator services. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Other definitions.--The terms used in this Act have the meaning given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. RECOGNITION PROGRAM ESTABLISHED. (a) In General.--The Secretary of Education shall establish a national recognition program to be known as the ``Recognizing Inspiring School Employees Award Program'' or the ``award program''. The purpose of the award program shall be to recognize and promote the commitment and excellence exhibited by classified school employees in public schools who provide exemplary service to students in prekindergarten through higher education. (b) Award.--Prior to March 31 of each year (beginning with the second calendar year that begins after the date of the enactment of this Act), the award program shall recommend to the Secretary a classified school employee to receive the Recognizing Inspiring School Employees Award for the year. (c) Selection Process.-- (1) Nomination process.-- (A) In general.--Not later than November 1 of each year (beginning with the first calendar year that begins after the date of the enactment of this Act), the Secretary shall solicit nominations of classified school employees in public schools from the occupational specialties described in section 3(1) from the chief State school officer of each State. (B) Nomination submissions.--In order for individuals in a State to be eligible to receive recognition under this section, the chief State school officer shall consider nominations submitted by the following: (i) Local educational agencies. (ii) School administrators. (iii) Professional associations. (iv) Labor organizations. (v) Educational service agencies. (vi) Any other group determined appropriate by the award program. (2) Demonstration.--Each chief State school officer of a State who desires individuals in the State to receive recognition under this section shall submit the nominations described in paragraph (1) to the Secretary in such manner as may be required by the award program. Each such nomination shall contain, at a minimum, demonstrations of excellence in the following areas: (A) Work performance. (B) School and community involvement. (C) Leadership and commitment. (D) Local support. (E) Enhancement of classified school employees' image in the community and schools. (F) Any other area of superior performance, such as health and safety promotion or efficient use of energy or other resources. (3) Selection.--The award program shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph.
Recognizing Achievement in Classified School Employees Act This bill directs the Department of Education (ED) to grant "Recognizing Inspiring School Employees" awards to classified public school employees, within certain occupational specialties, who provide exemplary service to students in prekindergarten through higher education. ED must annually select an awardee, out of nominations received from states, from any of the following occupational specialties: (1) paraeducator services, (2) clerical and administrative services, (3) transportation services, (4) food and nutrition services, (5) custodial and maintenance services, (6) security services, (7) health and student services, (8) technical services, and (9) skilled trades.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Passenger Whole-Body Imaging Limitations Act of 2011''. SEC. 2. LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY AND ENHANCED PAT-DOWN SEARCHES FOR AIRCRAFT PASSENGER SCREENING. Section 44901 of title 49, United States Code, is amended by adding at the end the following: ``(l) Limitations on Use of Advanced Imaging Technology and Enhanced Pat-Down Searches for Screening Passengers.-- ``(1) In general.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that advanced imaging technology is used for the screening of passengers under this section only in accordance with this subsection. ``(2) Advanced imaging technology.--Advanced imaging technology may not be used as a method of screening a passenger under this section unless-- ``(A) the National Academy of Sciences determines that the technology poses no threat to public health; ``(B) the technology is equipped with a privacy filter or other privacy-protecting technology; and ``(C) another method of screening, such as metal detection, explosive trace detection, or behavioral profiling, demonstrates reasonable cause for utilizing advanced imaging technology to detect a possible threat to aviation security. ``(3) Enhanced pat-down searches.--An enhanced pat-down search may not be used as a method of screening a passenger under this section unless another method of screening, such as metal detection, explosive trace detection, behavioral profiling, or use of advanced imaging technology in accordance with paragraph (2), demonstrates reasonable cause for utilizing advanced imaging technology to detect a possible threat to aviation security. ``(4) Provision of information.--A passenger for whom screening by advanced imaging technology is permissible under paragraph (2) shall be provided, prior to the utilization of such technology with respect to such passenger, information on-- ``(A) the operation of such technology; ``(B) the image generated by such technology; ``(C) privacy policies relating to such technology; and ``(D) the right to request an advanced pat-down search under paragraph (5). ``(5) Pat-down search option.--A passenger for whom screening by advanced imaging technology is permissible under paragraph (2) shall be offered an advanced pat-down search in lieu of such screening. ``(6) Prohibition on use of images.--An image of a passenger generated by advanced imaging technology may not be stored, transferred, shared, or copied in any form after the boarding determination with respect to such passenger is made. ``(7) Report.--Not later than one year after the date of enactment of the Aircraft Passenger Whole-Body Imaging Limitations Act of 2011, and annually thereafter, the Assistant Secretary shall submit to Congress a report containing information on-- ``(A) the implementation of this subsection; ``(B) the number of passengers for whom screening by advanced imaging technology was permissible under paragraph (2) as a percentage of all screened passengers; ``(C) the number of passengers who chose an advanced pat-down search when presented the offer under paragraph (5) as a percentage of all passengers presented such offer; ``(D) privacy protection measures taken with respect to advanced imaging technology; ``(E) privacy violations that occurred with respect to such technology; and ``(F) the effectiveness and safety of such technology. ``(8) Advanced imaging technology.--The term `advanced imaging technology' means a device, including a device using backscatter x-rays or millimeter waves, used to detect objects carried on individuals and that creates a visual image of the individual's full body, showing the surface of the skin and revealing objects that are on the body.''. SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBITION ON IMAGE STORING. (a) In General.--Chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1925. Misuse of certain images relating to aircraft passenger screening ``Whoever, being an officer or employee of the United States, knowingly stores, transfers, shares, or copies an image in violation of section 44901(l)(6) of title 49, United States Code, shall be fined under this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``1925. Misuse of certain images relating to aircraft passenger screening.''. SEC. 4. PERFORMANCE MEASURES AND COST-BENEFIT ANALYSIS REQUIREMENTS. (a) In General.--Section 44901 of title 49, United States Code, is further amended by adding at the end the following: ``(m) Performance Measure and Cost-Benefit Analysis Requirements.-- ``(1) In general.--The Secretary may not use any security technology or methodology for screening under this section unless the Secretary has-- ``(A) established quantifiable and validated performance measures to determine if the technology or methodology is cost effective, reliable, and safe, and demonstrated that the technology or methodology satisfies those measures; ``(B) performed a full assessment of the costs and benefits of such technology or methodology; and ``(C) determined that there is no other equally effective and less invasive technology or methodology that satisfies those standards. ``(2) Emergency exception.--Paragraph (1) shall not apply with respect to use of a technology or methodology to address a temporary emergency determined by the Secretary.''. (b) Application.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply with respect to any use of a security technology or methodology after the date of enactment of this Act. (2) Advanced imaging technology and pat-down searches.--The amendment made by subsection (a) shall apply with respect to any use of advanced imaging technology or pat-down search (as those terms are used in section 44901(l) of title 49, United States Code, as amended by this section) for the screening of passengers, beginning upon the end of the 12-month period beginning on the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. Sections 2 and 3 of this Act shall take effect on the date that is 30 days after the date of enactment of this Act.
Aircraft Passenger Whole-Body Imaging Limitations Act of 2011 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) (TSA) to ensure that advanced imaging technology is used for the screening of passengers only in accordance with this Act. Prohibits the use of advanced imaging technology as a method of screening a passenger unless: (1) the National Academy of Sciences determines the technology does not pose a threat to public health; (2) the technology is equipped with a privacy filter or other privacy-protecting technology; and (3) another method of screening, such as metal detection, explosive trace detection, or behavioral profiling, demonstrates reasonable cause for using advanced imaging technology to detect a possible threat to aviation security. Allows use of an enhanced pat-down search of passengers if such other screening methods, including use of advanced imaging technology, demonstrate reasonable cause for utilizing advanced imaging technology to detect a possible threat to aviation security. Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and (2) be offered such a pat-down search in lieu of such screening. Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by advanced imaging technology after a boarding determination is made. Imposes a civil penalty upon any U.S. officer or employee who knowingly stores, transfers, shares, or copies advanced imaging screening images. Prohibits the Secretary of Transportation from using any security technology or methodology for screening passengers unless there are established performance measures to determine if: (1) such technology is cost effective, reliable, and safe; and (2) there is no other equally effective and less invasive technology.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancement in Pediatric Autism Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Infantile autism and autism spectrum disorders are biologically-based neurodevelopmental diseases that cause severe impairments in language and communication and generally manifest in young children sometime during the first two years of life. (2) Best estimates indicate that 1 in 500 children born today will be diagnosed with an autism spectrum disorder and that 400,000 Americans have autism or an autism spectrum disorder. (3) There is little information on the prevalence of autism and other pervasive developmental disabilities in the United States. There have never been any national prevalence studies in the United States, and the two studies that were conducted in the 1980s examined only selected areas of the country. Recent studies in Canada, Europe, and Japan suggest that the prevalence of classic autism alone may be 300 percent to 400 percent higher than previously estimated. (4) Three quarters of those with infantile autism spend their adult lives in institutions or group homes, and usually enter institutions by the age of 13. (5) The cost of caring for individuals with autism and autism spectrum disorder is great, and is estimated to be $13.3 billion per year solely for direct costs. (6) The rapid advancements in biomedical science suggest that effective treatments and a cure for autism are attainable if-- (A) there is appropriate coordination of the efforts of the various agencies of the Federal Government involved in biomedical research on autism and autism spectrum disorders; (B) there is an increased understanding of autism and autism spectrum disorders by the scientific and medical communities involved in autism research and treatment; and (C) sufficient funds are allocated to research. (7) The discovery of effective treatments and a cure for autism will be greatly enhanced when scientists and epidemiologists have an accurate understanding of the prevalence and incidence of autism. (8) Recent research suggests that environmental factors may contribute to autism. As a result, contributing causes of autism, if identified, may be preventable. (9) Finding the answers to the causes of autism and related developmental disabilities may help researchers to understand other disorders, ranging from learning problems, to hyperactivity, to communications deficits that affect millions of Americans. (10) Specifically, more knowledge is needed concerning-- (A) the underlying causes of autism and autism spectrum disorders, how to treat the underlying abnormality or abnormalities causing the severe symptoms of autism, and how to prevent these abnormalities from occurring in the future; (B) the epidemiology of, and the identification of risk factors for, infantile autism and autism spectrum disorders; (C) the development of methods for early medical diagnosis and functional assessment of individuals with autism and autism spectrum disorders, including identification and assessment of the subtypes within the autism spectrum disorders, for the purpose of monitoring the course of the disease and developing medically sound strategies for improving the outcomes of such individuals; (D) existing biomedical and diagnostic data that are relevant to autism and autism spectrum disorders for dissemination to medical personnel, particularly pediatricians, to aid in the early diagnosis and treatment of this disease; and (E) the costs incurred in educating and caring for individuals with autism and autism spectrum disorders. (11) In 1998, the National Institutes of Health announced a program of research on autism and autism spectrum disorders. A sufficient level of funding should be made available for carrying out the program. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON AUTISM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following section: ``autism ``Sec. 409C. (a) In General.-- ``(1) Expansion of activities.--The Director of NIH (in this section referred to as the `Director') shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on autism. ``(2) Administration of program; collaboration among agencies.--The Director shall carry out this section acting through the Director of the National Institute of Mental Health and in collaboration with any other agencies that the Director determines appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--The Director shall under subsection (a)(1) make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on autism. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of autism, including research in the fields of developmental neurobiology, genetics, and psychopharmacology. ``(3) Services for patients.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. The program may provide fees to such subjects. The program may, in accordance with such criteria as the Director may establish, provide to such subjects health care, referrals for health and other services, and such incidental services as will facilitate the participation of individuals as such subjects. ``(4) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(5) Organization of centers.--Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(6) Number of centers; duration of support.--The Director shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of not less than five centers under paragraph (1). Support of such a center may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Facilitation of Research.--The Director shall under subsection (a)(1) provide for a program under which samples of tissues and genetic materials that are of use in research on autism are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples. ``(d) Public Input.--The Director shall under subsection (a)(1) provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to autism and through which the Director can receive comments from the public regarding such programs and activities. ``(e) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated $33,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. Such authorizations of appropriations are in addition to any other authorization of appropriations that is available for such purpose.''. SEC. 4. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAMS. (a) National Autism and Pervasive Developmental Disabilities Surveillance Program.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. An entity may receive such an award only if the entity is a public or nonprofit private entity (including health departments of States and political subdivisions of States, and including universities and other educational entities). In making such awards, the Secretary may provide direct technical assistance in lieu of cash. (b) Centers of Excellence in Autism and Pervasive Developmental Disabilities Epidemiology.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall (subject to the extent of amounts made available in appropriations Acts) establish not less than 3, and not more than 5, regional centers of excellence in autism and pervasive developmental disabilities epidemiology for the purpose of collecting and analyzing information on the number, incidence, correlates, and causes of autism and related developmental disabilities. (2) Recipients of awards for establishment of centers.-- Centers under paragraph (1) shall be established and operated through the awarding of grants or cooperative agreements to public or nonprofit private entities that conduct research, including health departments of States and political subdivisions of States, and including universities and other educational entities. (3) Certain requirements.--An award for a center under paragraph (1) may be made only if the entity involved submits to the Secretary an application containing such agreements and information as the Secretary may require, including an agreement that the center involved will operate in accordance with the following: (A) The center will collect, analyze, and report autism and pervasive developmental disabilities data according to guidelines prescribed by the Director, after consultation with relevant State and local public health officials, private sector developmental disability researchers, and advocates for those with developmental disabilities. (B) The center will assist with the development and coordination of State autism and pervasive developmental disabilities surveillance efforts within a region. (C) The center will provide education, training, and clinical skills improvement for health professionals aimed at better understanding and treatment of autism and related developmental disabilities. (D) The center will identify eligible cases and controls through its surveillance systems and conduct research into factors which may cause autism and related developmental disabilities. Each program will develop or extend an area of special research expertise (including genetics, environmental exposure to contaminants, immunology, and other relevant research specialty areas). (c) Clearinghouse.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out the following: (1) The Secretary shall establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated from the monitoring programs created by this Act. Through the clearinghouse, such Centers shall serve as the coordinating agency for autism and pervasive developmental disabilities surveillance activities. The functions of such a clearinghouse shall include facilitating the coordination of research and policy development relating to the epidemiology of autism and other pervasive developmental disabilities. (2) The Secretary, acting through the Centers for Disease Control and Prevention, shall coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. (d) Definition.--In this Act, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $7,500,000 for each of the fiscal years 2000 through 2004. SEC. 5. INFORMATION AND EDUCATION. (a) In General.--The Secretary shall establish and implement a program to provide information and education on autism to health professionals and the general public, including information and education on advances in the diagnosis and treatment of autism and training and continuing education through programs for scientists, physicians, and other health professionals who provide care for patients with autism. (b) Stipends.--The Secretary may use amounts made available under this section to provide stipends for health professionals who are enrolled in training programs under this section. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $6,000,000 for each of the fiscal years 2000 through 2004. SEC. 6. INTER-AGENCY AUTISM COORDINATING COMMITTEE. (a) Establishment.--The Secretary shall establish a committee to be known as the ``Autism Coordinating Committee'' (in this section referred to as the ``Committee'') to coordinate all efforts within the Department of Health and Human Services concerning autism, including activities carried out through the National Institutes of Health and the Centers for Disease Control and Prevention under this Act (and the amendment made by this Act). (b) Membership.-- (1) In general.--The Committee shall be composed of the Directors of such national research institutes, of the Centers for Disease Control and Prevention, and of such other agencies and such other officials as the Secretary determines appropriate. (2) Additional members.--If determined appropriate by the Secretary, the Secretary may appoint to the Committee-- (A) parents or legal guardians of individuals with autism or other pervasive developmental disorders; and (B) representatives of other governmental agencies that serve children with autism such as the Department of Education. (c) Administrative Support; Terms of Service; Other Provisions.-- The following shall apply with respect to the Committee: (1) The Committee shall receive necessary and appropriate administrative support from the Department of Health and Human Services. (2) Members of the Committee appointed under subsection (b)(2)(A) shall serve for a term of 3 years, and may serve for an unlimited number of terms if reappointed. (3) The Committee shall meet not less than 2 times per year. (4) Members of the Committee shall not receive additional compensation for their service. Such members may receive reimbursement for appropriate and additional expenses that are incurred through service on the Committee which would not have incurred had they not been a member of the Committee. SEC. 7. REPORT TO CONGRESS. Not later than January 1, 2000, and each January 1 thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the implementation of this Act and the amendments made by this Act.
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities to public or nonprofit private entities; (2) establish up to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology, through grants or cooperative agreements, for purposes of collecting and analyzing information on autism and developmental disabilities; (3) establish a clearinghouse within the Center for the collection and storage of data generated from the monitoring programs created by this Act; and (4) coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. Authorizes appropriations. Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007''. SEC. 2. TRANSFER OF LAND IN TRUST FOR PECHANGA BAND OF LUISENO MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer.--Effective on the date of the enactment of this Act and subject to valid existing rights, all right, title, and interest of the United States in and to the Federal lands described in subsection (b) (including all improvements thereon, appurtenances thereto, and rights to all minerals thereon or therein, including oil and gas, water, and related resources) shall be held by the United States in trust for the Pechanga Band of Luiseno Mission Indians, a federally recognized Indian tribe. Such transfer shall not include the 12.82 acres of lands more or less, including the facilities, improvements, and appurtenances associated with the existing 230 kV transmission line in San Diego County and its 300 foot corridor, more particularly described as a portion of sec. 6, T. 9 S., R. 2 W., San Bernardino Base and Meridian, which shall be sold by the Bureau of Land Management for fair market value to San Diego Gas & Electric Company not later than 30 days after the completion of the cadastral survey described in subsection (c) and the appraisal described in subsection (d). (2) Administration.--The land transferred under paragraph (1) shall be part of the Pechanga Indian Reservation and administered in accordance with-- (A) the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe; and (B) a memorandum of understanding entered into between the Pechanga Band of Luiseno Mission Indians the Bureau of Land Management, and the United States Fish and Wildlife Service on November 11, 2005, which shall remain in effect until the date on which the Western Riverside County Multiple Species Habitat Conservation Plan expires. (3) Notification.--At least 45 days before terminating the memorandum of understanding entered into under paragraph (2)(B), the Director of the Bureau of Land Management, the Director of the United States Fish and Wildlife Service, or the Pechanga Band of Luiseno Mission Indians, as applicable, shall submit notice of the termination to-- (A) the Committee on Natural Resources of the House of Representatives; (B) the Committee on Indian Affairs of the Senate; (C) the Assistant Secretary for Indian Affairs; and (D) the members of Congress representing the area subject to the memorandum of understanding. (4) Termination or violation of the memorandum of understanding.--The Director of the Bureau of Land Management and the Pechanga Band of Luiseno Mission Indians shall submit to Congress notice of the termination or a violation of the memorandum of understanding entered into under paragraph (2)(B) unless the purpose for the termination or violation is the expiration or cancellation of the Western Riverside County Multiple Species Habitat Conservation Plan. (b) Description of Land.--The lands referred to in subsection (a) consist of approximately 1,178 acres in Riverside County, California, and San Diego County, California, as referenced on the map titled, ``H.R. 28, the Pechanga Land Transfer Act'' and dated May 2, 2007, 2007, which, before the transfer under such subsection, were administered by the Bureau of Land Management and are more particularly described as follows: (1) Sections 24, 29, 31, and 32 of township 8 south, range 2 west, San Bernardino base and meridian. (2) Section 6 of township 9 south, range 2 west, lots 2, 3, 5 and 6, San Bernardino Base and Meridian. (3) Mineral Survey 3540, section 22 of township 5 south, range 4 west, San Bernardino base and meridian. (c) Survey.--Not later than 180 days after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall complete a survey of the lands transferred and to be sold under subsection (a) for the purpose of establishing the boundaries of the lands. (d) Conveyance of Utility Corridor.-- (1) In general.--The Secretary shall convey to the San Diego Gas & Electric Company all right, title, and interest of the United States in and to the utility corridor upon-- (A) the completion of the survey required under subsection (c); (B) the receipt by the Secretary of all rents and other fees that may be due to the United States for use of the utility corridor, if any; and (C) the receipt of payment by United States from the San Diego Gas & Electric Company of consideration in an amount equal to the fair market value of the utility corridor, as determined by an appraisal conducted under paragraph (2). (2) Appraisal.-- (A) In general.--Not later than 90 days after the date on which the survey of the utility corridor is completed under subsection (c), the Secretary shall complete an appraisal of the utility corridor. (B) Applicable law.--The appraisal under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Costs.--The San Diego Gas & Electric Company shall pay the costs of carrying out the conveyance of the utility corridor under paragraph (1), including any associated survey and appraisal costs. (4) Disposition of proceeds.--The Secretary shall deposit any amounts received under paragraph (1)(C) of this section in the Federal Land Disposal Account established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)). (e) Map on File.--The map referred to in subsection (b) shall be on file in the appropriate offices of the Bureau of Land Management. (f) Legal Descriptions.-- (1) Publication.--On approval of the survey completed under subsection (c) by the duly elected tribal council of the Pechanga Band of Luiseno Mission Indians, the Secretary of the Interior shall publish in the Federal Register-- (A) a legal description of the boundary lines; and (B) legal description of the lands transferred under subsection (a). (2) Effect.--Beginning on the date on which the legal descriptions are published under paragraph (1), such legal descriptions shall be the official legal descriptions of the boundary lines and the lands transferred under subsection (a). (g) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Pechanga Band of Luiseno Mission Indians to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Pechanga Band of Luiseno Mission Indians in existence before the date of the enactment of this Act; or (3) terminate any right-of-way or right-of-use issued, granted, or permitted before the date of enactment of this Act. (h) Restricted Use of Transferred Lands.-- (1) In general.--The lands transferred under subsection (a) may be used only as open space and for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources thereon. (2) No roads.--There shall be no roads other than for maintenance purposes constructed on the lands transferred under subsection (a). (3) Development prohibited.-- (A) In general.--There shall be no development of infrastructure or buildings on the land transferred under subsection (a). (B) Open space.--The land transferred under subsection (a) shall be-- (i) maintained as open space; and (ii) used only for-- (I) purposes consistent with the maintenance of the land as open space; and (II) the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (C) Effect.--Nothing in this paragraph prohibits the construction or maintenance of utilities or structures that are-- (i) consistent with the maintenance of the land transferred under subsection (a) as open space; and (ii) constructed for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (4) Gaming prohibited.--The Pechanga Band of Luiseno Mission Indians may not conduct, on any land acquired by the Pechanga Band of Luiseno Mission Indians pursuant to this Act, gaming activities or activities conducted in conjunction with the operation of a casino-- (A) as a matter of claimed inherent authority; or (B) under any Federal law (including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007 - Transfers certain lands in Riverside and San Diego Counties, California, from the Bureau of Land Management (BLM) to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians. Prohibits such transfer from including the 12.82 acres of lands more or less, including the facilities, improvements, and appurtenances associated with the existing 230kV transmission line in San Diego County and its 300 foot corridor, which shall be sold by BLM for fair market value to the San Diego Gas & Electric Company not later than 30 days after the completion of the cadastral survey and appraisal described in this Act. Requires: (1) conveyance of the utility corridor to the Gas & Electric Company; and (2) the Company to pay the costs of carrying out the conveyance of the utility corridor, including any associated survey and appraisal costs. Allows the transferred lands to be used only as open space and for the protection, preservation, and maintenance of archeological, cultural, and wildlife resources. Bars the construction of any roads on such lands other than for maintenance purposes. Prohibits the development of infrastructure or buildings on the transferred land. Prohibits the Pechanga Band of Luiseno Mission Indians from conducting gaming activities or activities conducted in conjunction with the operation of a casino: (1) as a matter of claimed inherent authority; or (2) under any federal law, including the Indian Gaming Regulatory Act (including any regulations promulgated by the Secretary of the Interior or the National Indian Gaming Commission under such Act).
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That (a) part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER STATE OR LOCAL RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includible in gross income) received by an individual as a qualified governmental pension. ``(b) Dollar Limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(1) the social security exclusion amount applicable to the taxpayer for such year, reduced by ``(2) the sum of-- ``(A) the aggregate amount excluded from gross income under section 72(b) with respect to any qualified governmental pension, and ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a State or local retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Social security exclusion amount.--The social security exclusion amount applicable to any taxpayer for any taxable year is the portion of the aggregate amount received as a qualified governmental pension by such individual during such taxable year which would not be includible in gross income if the amounts so received were social security benefits (as defined in section 86(d)). For purposes of the preceding sentence, amounts received as a qualified governmental pension during such taxable year shall not be taken into account to the extent such amounts exceed the applicable maximum benefit amount. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit, ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 143. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Secretary of Health and Human Services to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained age 65, and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) State or local retirement system.--The term `State or local retirement system' means any pension, annuity, retirement, or similar fund or system established by a State, any political subdivision of a State, or the District of Columbia.'' (b) Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``137,'' before ``911''. (c) The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 137 as section 138 and by inserting after the item relating to section 136 the following new item: ``Sec. 137. Certain pensions and annuities under State or local retirement systems.'' (d) The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.
Amends the Internal Revenue Code to exclude from gross income any amount received by an individual as a governmental pension under a State or local retirement system. Limits such amount to the applicable social security exclusion.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed 3 Percent COLA for Seniors Act of 2015''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index''; (2) in paragraph (2)(A)(ii), by adding at the end the following: ``In the case of individuals referred to in subdivision (I) or (II) who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual's monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the applicable increase percentage with respect to such base quarter were equal to the greater of 3 percent or the applicable increase percentage (if any) with respect to such base quarter.''; and (3) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3 of the Guaranteed 3 Percent COLA for Seniors Act of 2015,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended-- (1) in paragraph (1)(C), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index''; and (2) by adding at the end of paragraph (2)(A)(ii) the following: ``In the case of individuals referred to in the first sentence of this clause who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual's monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the percentage referred to in the first sentence of this clause with respect to such base quarter were equal to the greater of 3 percent or the percentage (if any) otherwise referred to in the first sentence of this clause with respect to such base quarter.''. (c) Protection of Benefits Subject to the Family Maximum.--Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) In determining whether total monthly benefits based on any primary insurance amount exceed the amount permitted under this subsection, the Commissioner shall disregard the portion of any benefit otherwise payable to any beneficiary under this title which is attributable to so much of any increases in benefits which would not have occurred but for the application of the last sentence of section 215(i)(2)(A)(ii) (or the last sentence of section 215(i)(2)(A)(ii) as in effect in December 1978 (as amended) and applied in certain cases under the provisions of such Act in effect after December 1978).''. (d) Rule of Construction.--This section and the amendments made thereby shall not be construed as a general benefit increase for purposes of section 215(i) of the Social Security Act (and section 215(i) of such Act as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978). (e) Effective Date.--The amendments made by this section shall apply to determinations made with respect to base quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted.
Guaranteed 3 Percent COLA for Seniors Act of 2015 Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) require the use of such index to compute cost-of-living increases for Social Security benefits; and (2) provide, in the case of individuals who have attained age 62, for an annual cost-of-living increase of at least 3%.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY COMMISSION Sec. 101. Authorization of appropriations for fiscal years 1994 and 1995. Sec. 102. Allocation of amounts authorized. Sec. 103. Retention of funds. Sec. 104. Transfer of certain funds. Sec. 105. Limitation. TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY Sec. 201. Notification requirements. Sec. 202. Civil monetary penalties for violations of rules, regulations, orders, or licensing requirements. Sec. 203. Report of Advisory Committee on Reactor Safeguards. Sec. 204. Carrying of firearms by licensee employees. Sec. 205. Unauthorized introduction of dangerous weapons. Sec. 206. Sabotage of production, utilization, or waste storage facilities under construction. Sec. 207. Civil penalties for violations of medical therapy licenses. Sec. 208. Training and education for medical therapy licenses. TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY COMMISSION SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND 1995. (a) Salaries and Expenses.--In accordance with section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), there are authorized to be appropriated to the Nuclear Regulatory Commission, to remain available until expended-- (1) $530,200,000 for fiscal year 1994, of which $22,000,000 are authorized to be appropriated from the Nuclear Waste Fund established by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) (referred to in this title as the ``Nuclear Waste Fund''); and (2) $541,417,000 for fiscal year 1995, of which $22,000,000 are authorized to be appropriated from the Nuclear Waste Fund. (b) Office of the Inspector General.--In accordance with section 1105(a)(25) of title 31, United States Code, there are authorized to be appropriated to the Office of the Inspector General of the Nuclear Regulatory Commission, to remain available until expended-- (1) $4,800,000 for fiscal year 1994; and (2) $5,000,000 for fiscal year 1995. SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED. (a) In General.--The amounts authorized to be appropriated under section 101(a) for fiscal years 1994 and 1995 shall be allocated as follows: (1) Reactor safety and safeguards regulation.--Not more than $161,002,000 for fiscal year 1994, and not more than $166,215,000 for fiscal year 1995, may be used for reactor safety and safeguards regulation. (2) Reactor safety research.--Not more than $92,795,000 for fiscal year 1994, and not more than $89,318,000 for fiscal year 1995, may be used for reactor safety research. (3) Reactor special and independent reviews, investigations, and enforcement.--Not more than $30,731,000 for fiscal year 1994, and not more than $31,674,000 for fiscal year 1995, may be used for reactor special and independent reviews, investigations, and enforcement. (4) Nuclear material and low-level waste safety and safeguards regulation.--Not more than $61,627,000 for fiscal year 1994, and not more than $66,556,000 for fiscal year 1995, may be used for nuclear material and low-level waste safety and safeguards regulation. (5) High-level nuclear waste regulation.--Not more than $22,000,000 for fiscal year 1994, and not more than $22,000,000 for fiscal year 1995, from the Nuclear Waste Fund, may be used for high-level nuclear waste regulation. (6) Nuclear safety management and support.--Not more than $162,045,000 for fiscal year 1994, and not more than $165,654,000 for fiscal year 1995, may be used for nuclear safety management and support. (b) Limitations Concerning Reactor Safety Research.--The Nuclear Regulatory Commission may use not more than 1 percent of the amounts allocated under subsection (a)(2) to exercise the authority of the Commission under section 31 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative agreements with organizations, including universities, State and local governments, and not-for-profit institutions. Grants made by the Commission under such section shall be made in accordance with chapter 63 of title 31, United States Code, and other applicable law. (c) Reallocation.-- (1) In general.--Except as provided in paragraphs (2) and (3), an amount allocated for a fiscal year to the Nuclear Regulatory Commission pursuant to a paragraph of subsection (a) for the purpose of the program referred to in the paragraph, may be reallocated by the Commission for use in a program referred to in any other paragraph of such subsection. (2) Limitation on reallocation.--The amount available from appropriations for a fiscal year for use in a program referred to in subsection (a) may not, as a result of reallocations made under paragraph (1), be increased or reduced by more than $500,000 until the date that is 30 days after the date on which the Commission notifies the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate of the increase or reduction. The notification shall contain a full and complete statement of the reallocation to be made and the facts and circumstances relied on in support of the reallocation. (3) Use of certain funds.--Amounts authorized to be appropriated from the Nuclear Waste Fund under this title may be used only for the high-level nuclear waste activities of the Commission and may not be reallocated for other Commission activities. SEC. 103. RETENTION OF FUNDS. Amounts received by the Nuclear Regulatory Commission for the cooperative nuclear safety research program, services rendered to foreign governments and international organizations, and the material and information access authorization programs (including criminal history checks under section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169))-- (1) notwithstanding section 3302 of title 31, United States Code, may be retained and used, subject to appropriations, for salaries and expenses associated with the activities referred to in this section; and (2) shall remain available until expended. SEC. 104. TRANSFER OF CERTAIN FUNDS. (a) In General.--Subject to subsection (b), from amounts appropriated to the Nuclear Regulatory Commission pursuant to section 101(a), except for appropriations from the Nuclear Waste Fund, the Commission may transfer amounts to the Office of the Inspector General of the Commission. (b) Maximum Transfer.--For each fiscal year, the total amount transferred under subsection (a) may not exceed 5 percent of the amount authorized to be appropriated under section 101(b) for the fiscal year. SEC. 105. LIMITATION. Notwithstanding any other provision of this title, no authority to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY SEC. 201. NOTIFICATION REQUIREMENTS. Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 5846) is amended to read as follows: ``noncompliance ``Sec. 206. (a) In General.--A person who constructs, owns, operates, or supplies a component of a facility or activity that is licensed or otherwise regulated by the Commission pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (including a facility leased by the United States Enrichment Corporation established under title II of the Atomic Energy Act of 1954 (42 U.S.C. 2297 et seq.)), or pursuant to this Act, and who obtains information reasonably indicating that the facility or activity or a basic component supplied to the facility or activity contains a defect, or fails to comply with the Atomic Energy Act of 1954 or an applicable rule, regulation, order, or license of the Commission, shall immediately notify the Commission of the defect or failure to comply-- ``(1) if the defect or failure to comply could create a substantial safety hazard (as defined by regulations issued by the Commission); and ``(2) unless the person has actual knowledge that the Commission has been informed in writing of the defect or failure to comply. ``(b) Regulations.--The Commission may issue such regulations and orders as the Commission considers necessary to ensure compliance with this section, including regulations and orders that require a person subject to this section to develop and implement procedures, consistent with the notification requirements of subsection (a), to identify, evaluate, and report defects and failures to comply. ``(c) Penalties for Failure to Notify.-- ``(1) In general.--Except as provided in paragraph (2), a person who fails to provide a notification required under subsection (a), or who violates a regulation or order issued under subsection (b), shall be subject to a civil penalty in the same manner and amount as is provided for a violation that is subject to a civil penalty under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282). ``(2) Exception.--An individual who is subject to this section solely because of the employment of the individual by a person subject to this section shall be assessed a civil penalty for failure to provide notice pursuant to subsection (a) only if the individual has actual knowledge of-- ``(A) the notification requirement of subsection (a); and ``(B) a defect or a failure to comply described in subsection (a). ``(d) Posting of Requirements.--A description of the requirements of this section shall be prominently posted on the business premises of a person who is required to notify the Commission of a defect or failure to comply under subsection (a). ``(e) Inspection and Enforcement.--The Commission may conduct such reasonable inspections, investigations, and other enforcement activities as the Commission considers necessary to ensure compliance with this section and with any regulations and orders issued under this section. ``(f) Applicability.-- ``(1) Definition of person.--As used in this section, the term `person' has the same meaning as is provided in section 11 s. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(s)), except that-- ``(A) the term also includes the Department of Energy with respect to-- ``(i) a facility of the Department regulated by the Commission; and ``(ii) an item provided by the Department as a component to a licensee; and ``(B) the term does not include an individual unless the individual is-- ``(i) a sole proprietor or partner of a business that constructs, owns, operates, or supplies a component referred to in subsection (a); or ``(ii) a director or responsible officer employed by a person subject to such subsection. ``(2) United states enrichment corporation.--This section shall apply to the United States Enrichment Corporation established under title II of the Atomic Energy Act of 1954 (42 U.S.C. 2297 et seq.) and a facility leased by the Corporation, and a director or officer of the Corporation, to the same extent as this section applies to any other person subject to this section.''. SEC. 202. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES, REGULATIONS, ORDERS, OR LICENSING REQUIREMENTS. (a) In General.--Subsection a. of section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is amended to read as follows: ``a. Civil Penalties.-- ``(1) In general.--A person who-- ``(A) violates-- ``(i) a licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109, or a rule, regulation, or order issued under the provision; ``(ii) a certification provision of section 1701, or a rule or regulation issued under the provision; ``(iii) a term, condition, or limitation of a license or certification issued under a section referred to in clause (i) or (ii); or ``(iv) a rule, regulation, or order issued under subsection b., i., or o. of section 161; or ``(B) commits a violation for which a license may be revoked under section 186; shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. ``(2) Continuing violations.--If a violation described in paragraph (1) continues for more than 1 day, each day of the violation shall constitute a separate violation for the purpose of determining the applicable civil penalty. ``(3) Modification of penalty.--The Commission may compromise, mitigate, or remit a penalty required to be imposed under this subsection.''. (b) Conforming Amendments.-- (1) Section 234 of such Act (42 U.S.C. 2282) is amended-- (A) in the section heading, by inserting ``Rules, Regulations, Orders, or'' before ``Licensing Requirements''; (B) by inserting after ``b.'' the following: ``Notification by the Commission.--''; and (C) by inserting after ``c.'' the following: ``Action by the Attorney General.--''. (2) The table of contents of such Act (42 U.S.C. prec. 2011) is amended by striking the item relating to section 234 and inserting the following new item: ``Sec. 234. Civil monetary penalties for violations of rules, regulations, orders, or licensing requirements.''. SEC. 203. REPORT OF ADVISORY COMMITTEE ON REACTOR SAFEGUARDS. The sixth sentence of section 29 of the Atomic Energy Act of 1954 (42 U.S.C. 2039) is amended by striking ``annually'' and inserting ``every 2 years''. SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended-- (1) in the first complete sentence-- (A) by inserting ``and licensees (including employees of contractors of licensees)'' after ``(at any tier)''; and (B) by striking ``owned by or contracted to the United States or being transported to or from such facilities'' and inserting ``owned by or contracted to the United States or licensed by the Commission, or being transported to or from the facilities,''; (2) in paragraph (1) of the fourth complete sentence, by inserting ``or a licensee of the Commission'' after ``or a contractor of the Department of Energy or Nuclear Regulatory Commission''; and (3) in the last complete sentence, by inserting ``and the Commission'' after ``The Secretary''. SEC. 205. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. The first sentence of section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended by inserting before the period at the end the following: ``, or a production facility, utilization facility, or facility for the receipt, storage, or disposal of spent nuclear fuel that is subject to the licensing authority of the Commission under this Act or any other Act''. SEC. 206. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE FACILITIES UNDER CONSTRUCTION. (a) In General.--Subsection a. of section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows: ``a. In General.--A person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to-- ``(1) a production facility or utilization facility licensed under this Act; ``(2) a nuclear waste storage or disposal facility licensed by the Commission under this Act or any other Act; ``(3) a production, utilization, or waste storage or disposal facility subject to licensing by the Commission under this Act or any other Act during the construction of the facility, if the destruction or damage caused or attempted to be caused could affect public health and safety during the operation of the facility; ``(4) a nuclear fuel for a utilization facility licensed under this Act, or a spent nuclear fuel from such a facility; or ``(5) a uranium enrichment facility licensed by the Nuclear Regulatory Commission; shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.''. (b) Conforming Amendment.--Section 236 of such Act (42 U.S.C. 2284) is amended by inserting after ``b.'' the following: ``Interruptions of Normal Operation.--''. SEC. 207. CIVIL PENALTIES FOR VIOLATIONS OF MEDICAL THERAPY LICENSES. Section 234(a)(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)(1)) (as amended by section 202) is further amended by adding at the end the following new sentence: ``The Commission shall set a base amount of $20,000 for a violation of section 104 if the violation is of either a Severity Level I or II magnitude.''. SEC. 208. TRAINING AND EDUCATION FOR MEDICAL THERAPY LICENSES. Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall upgrade the education, training, and experience requirements for those persons permitted under license to possess nuclear byproduct materials for medical use.
TABLE OF CONTENTS: Title I: Authorization of Appropriations for the Nuclear Regulatory Commission Title II: Nuclear Power Plant Safety and Security Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 - Title I: Authorization of Appropriations for the Nuclear Regulatory Commission - Authorizes appropriations for the Nuclear Regulatory Commission (NRC) for FY 1994 and 1995 for salaries and expenses and for the Office of the Inspector General. Prescribes guidelines for allocation and transfer of funds. Title II: Nuclear Power Plant Safety and Security - Amends the Energy Reorganization Act of 1974 to modify the notification requirements for NRC-regulated facilities that contain a defect or otherwise fail to comply with statutory safety requirements (including those leased by the United States Enrichment Corporation). Includes within such notification requirements Department of Energy (DOE) facilities regulated by the NRC and components supplied by DOE to licensees. Amends the Atomic Energy Act of 1954 to: (1) modify the civil monetary penalties for violations of rules, regulations, orders, or licensing requirements; (2) revise from annual to biennial the dateline by which the Advisory Committee on Reactor Safeguards must report to the Congress on reactor safety research; (3) permit NRC licensees and the employees of such licensees' contractors to carry firearms at NRC facilities; (4) authorize the NRC to promulgate regulations regarding the unauthorized introduction of dangerous weapons unto facilities within its licensing purview; (5) impose criminal penalties for the sabotage of NRC-licensed production, utilization, or waste storage facilities under construction; and (6) increase the base level penalty for certain violations of a medical therapy license. Directs the NRC to upgrade the professional requirements for persons licensed to possess nuclear byproduct materials for medical use.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings Security Act of 2011''. SEC. 2. PARTICIPANT LOAN DEATH AND DISABILITY PROTECTION. (a) Qualified Participant Loan Protection Arrangement.--Section 414 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subsection: ``(y) Qualified Participant Loan Protection Arrangement.-- ``(1) In general.--For purposes of this title, the term `qualified participant loan protection arrangement' means an arrangement under which a participant or beneficiary who receives (directly or indirectly) any amount as a loan from an eligible retirement plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) has the option to obtain protection against death and disability in the manner described in paragraph (2). ``(2) Manner of providing protection.--For purposes of paragraph (1)-- ``(A) Manner of protection.--Protection against death and disability described in this paragraph is protection provided through-- ``(i) a group insurance policy issued to the plan for the sole purpose of providing participant and beneficiary loan death and disability insurance, or ``(ii) a debt protection product in which debt protection is provided through appropriate commercial contractual liability insurance. ``(B) Cost of debt protection.--For purposes of subparagraph (A)(ii), a product shall not be treated as a debt protection product unless the cost of such product is allocated to the accounts of participants or beneficiaries with outstanding loans. ``(C) Reimbursement requirement.--An arrangement shall not be treated as providing protection against death and disability for purposes of paragraph (1) unless under such arrangement-- ``(i) the plan, upon death or disability of the participant or beneficiary, is required to cancel any outstanding loan balance, and ``(ii) such protection provides for payment to the plan of-- ``(I) an amount equal to the outstanding loan balance of the participant or beneficiary, and ``(II) the amount taken into account under section 402(m)(1)(B). ``(D) Election to opt out of coverage.--Protection against death and disability under a qualified participant loan protection arrangement shall apply unless a participant or beneficiary elects in writing to receive a loan without protection against participant death or disability. Any such election shall be irrevocable. ``(3) Rate of interest.--A loan described in paragraph (1) shall not be treated as failing to bear a reasonable rate of interest for purposes of any requirement of law solely because the rate of interest under the loan is reduced by the cost of the death and disability protection provided pursuant to this subsection, and such protection may be taken into account in determining whether a loan bears a reasonable rate of interest. ``(4) Definitions.--For purpose of this subsection-- ``(A) Debt protection product.--The term `debt protection product' means a loan term or contractual arrangement modifying loan terms under which a plan agrees to-- ``(i) cancel all or part of a participant's or beneficiary's obligation to repay an extension of credit from that plan upon the occurrence of a specified event; and ``(ii) in the event of a participant's or beneficiary's death or disability, credit to the account of such participant or beneficiary of an additional amount equal to the amount taken into account under section 402(m)(1)(B). Such loan term or contractual arrangement may be separate from or a part of other loan documents. ``(B) Disability.--The term `disability' means an impairment described in section 72(m)(7) that causes a participant to be disabled within the meaning of section 72(m)(7). ``(5) Special rule.--A debt protection product used in connection with a qualified participant loan protection arrangement shall not be treated as a swap (as defined by section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47))) or as a security-based swap (as defined by section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68))).''. (b) Deemed Distribution in Event of Death or Disability.--Paragraph (2) of section 72(p) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualified participant loan protection arrangement.--In the event of the death or disability of a participant or beneficiary, the amount of any outstanding loan to the participant or beneficiary that is cancelled pursuant to a group insurance policy or debt protection product that was made available under a qualified participant loan protection arrangement described in section 414(y) shall be-- ``(i) paid to the plan and credited to the interest in the plan of the participant or beneficiary, ``(ii) deemed distributed to such participant or beneficiary (or his or her specified beneficiaries) on the date of such payment, and ``(iii) treated as an amount described in paragraph (1)(A) on the date of such payment and not as an amount described in section 61(a)(12).''. (c) Exception to Income Inclusion Rules Relating to Purchase of Life Insurance Protection.--Subparagraph (B) of section 72(m)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subparagraph shall not apply to any amount that is a repayment of a loan to a participant or beneficiary by a plan described in subparagraph (A)(i) or a trust described in subparagraph (A)(ii), if that repayment is applied to the purchase of participant and beneficiary loan death and disability protection pursuant to a qualified participant loan protection arrangement described in section 414(y).''. (d) Exclusion From Gross Income for Certain Distributions Pursuant to Cancelled Loan.--Section 402 of the Internal Revenue Code of 1986 (relating to the taxability of beneficiary of employees' trust) is amended by inserting at the end the following new subsection: ``(m) Certain Distributions Pursuant to Cancelled Loan.-- ``(1) In general.--In the case of an employee to whom paragraph (2) applies (or the beneficiary of such employee), gross income of such employee (or such beneficiary) does not include any distribution from the eligible retirement plan described in paragraph (2)(A) to the extent that-- ``(A) such distribution is made on or before the day prescribed by law (including extensions of time) for filing such employee's or beneficiary's return for the taxable year in which such employee dies or becomes disabled, and ``(B) the aggregate amount of such distributions does not exceed the excess of-- ``(i) the proceeds of the group insurance policy or debt protection product through which the protection described in paragraph (2)(B) is provided, over ``(ii) the amount of the deemed distribution described in paragraph (2)(D). For purposes of clause (i), not more than 135 percent of the amount described in clause (ii) shall be taken into account. ``(2) Application.--This paragraph shall apply to an employee who-- ``(A) receives a loan from an eligible retirement plan described in clause (iii), (iv) or (vi) of subsection (c)(8)(B), ``(B) obtains the protection described in section 414(y)(2) pursuant to a qualified participant and beneficiary death and disability protection arrangement described in section 414(y) with respect to such loan, ``(C) dies or becomes disabled, and ``(D) is deemed to receive a distribution pursuant to section 72(p)(2)(D) following such death or disability with respect to such loan. ``(3) Distribution.--A distribution described in paragraph (1) shall be treated as not violating the requirements of sections 401(k)(2), 403(b)(7)(A)(ii), and 403(b)(11). ``(4) Otherwise distributable amount.--A group insurance policy or debt protection product may provide that the amount that would otherwise be distributable pursuant to this subsection may be paid directly by the issuer of such group insurance policy or debt protection product to the employee. Any such amount shall be treated as paid to the eligible retirement plan and distributed to the employee pursuant to this subsection.''. (e) Effective Date.--The amendments made by this section shall be take effect with respect to loans made after the one year period beginning on the day after the date of enactment of this Act. (f) Application of Fiduciary Standards Under Employee Retirement Income Security Act of 1974 With Respect to A Qualified Participant Loan Protection Arrangement.--No person that, as a fiduciary of an eligible retirement plan described in clause (iii), (iv) or (vi) of section 402(c)(8)(B) of the Internal Revenue Code of 1986, whether or not such person has adopted a qualified participant loan protection arrangement (as defined section 414(y) of such Code (added by subsection (a) of this section)), shall be deemed to have violated section 404 or 406 of the Employee Retirement Income Security Act of 1974 in connection with adopting or not adopting such an arrangement.
Retirement Savings Security Act of 2011 - Amends the Internal Revenue Code to provide for a qualified participant loan protection arrangement to allow a participant or beneficiary who receives any amount as a loan from an eligible retirement plan (i.e., a qualified trust, an annuity plan, or an annuity contract) the option to obtain protection against death and disability through: (1) a group insurance policy issued to the plan for the sole purpose of providing participant and beneficiary loan death and disability insurance, or (2) a debt protection product in which debt protection is provided through appropriate commercial contractual liability insurance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Approach to Nuclear Expenditures Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the U.S.S.R. no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of these submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense's January 2012 strategic guidance titled ``Sustaining U.S. Global Leadership: Priorities for 21st Century Defense''. Furthermore, a number of arms control, nuclear, and national security experts have urged the United States to reduce the number of deployed nuclear warheads to no more than 1,000. (5) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, that ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated that ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (6) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on Use of B-2 and B-52 Aircraft for Nuclear Missions.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to arm a B-2 or B-52 aircraft with a nuclear weapon. (b) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (c) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (d) Termination of B61 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program. (e) Termination of W78 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (f) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2013, the forces of the Navy shall include not more than eight operational ballistic- missile submarines available for deployment. (g) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (h) Reduction of ICBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 200 intercontinental ballistic missiles. (i) Reduction of SLBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (j) Prohibition on New ICBM.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (k) Termination of MOX Fuel Plant Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide (MOX) Fuel Fabrication Facility project. (l) Termination of CMRR Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Chemistry and Metallurgy Research Replacement nuclear facility. (m) Termination of UPF.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex. (n) Termination of MEADS.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2013, and each year thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2013, and each year thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.
Smarter Approach to Nuclear Expenditures Act - Prohibits using funds appropriated to the Department of Defense (DOD) for FY2013 or thereafter: (1) to arm a B-2 or B-52 aircraft with a nuclear weapon; (2) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (3) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; or (4) for the B61 or W78 life extension program. Requires that, beginning in FY2013, the Navy shall include no more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds: (1) for FY2013-FY2023 to procure an SSBN-X submarine, and (2) for FY2024 and thereafter to procure more than eight such submarines. Prohibits using DOD funds for FY2013 or thereafter: (1) to maintain more than 200 intercontinental ballistic missiles (ICBMs), (2) to maintain more than 250 submarine-launched ballistic missiles, (3) for the RDT&E or procurement of a new ICBM, or (4) for the medium extended air defense system. Prohibits using DOD or Department of Energy (DOE) funds for FY2013 or thereafter for: (1) the mixed oxide fuel fabrication facility project, (2) the chemistry and metallurgy research replacement nuclear facility, and (3) the uranium processing facility at the Y-12 National Security Complex. Requires an initial and subsequent annual reports from the Secretaries of Defense and Energy to Congress outlining their respective plans to carry out the requirements of this Act. Directs the President to submit annually to Congress a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report and the life cycle of such weapon or program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyers' Tax Credit Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $20,000. ``(2) Taxable income limitation.--No credit shall be allowed under subsection (a) if the taxpayer's adjusted gross income for the taxable year immediately preceding the taxable year in which the purchase of the principal residence occurs exceeds $75,000 ($150,000 in the case of a joint return). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' has the same meaning as when used in section 72(t)(8)(D)(i). ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time homebuyers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and ``(ii) the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. Except as provided in regulations, an interest in a partnership, S corporation, or trust which owns an interest in a residence shall not be treated as an interest in a residence. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)). ``(c) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(e) Property To Which Section Applies.--The provisions of this section shall apply to a principal residence if the taxpayer purchases the residence during the period beginning on the date of enactment, and ending on the date which is 1 year after such date.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a residence with respect to which a credit was allowed under section 36A, to the extent provided in section 36A(d).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36A'' after ``36''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Purchase of principal residence by first-time homebuyer.''.
First-Time Homebuyers' Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow an individual taxpayer who qualifies as a first-time homebuyer (i.e., an individual who had no ownership interest in a principal residence within the past two years) a one-time refundable credit for up to $20,000 of the purchase price of a principal residence. Reduces such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 for married couples filing jointly).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nation Building Here at Home Act of 2012''. SEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall establish a transformational infrastructure competitive grant program to assist infrastructure projects with the potential to significantly impact a metropolitan area, a region, or all of the United States. (b) Grant Authority.--In carrying out the program established under subsection (a), the Secretary may make a grant, on a competitive basis, to any of the following: (1) A State government. (2) A local government. (3) A transit agency. (4) A port authority. (c) Eligible Projects.-- (1) In general.--A grant made under subsection (b) may be used for any of the following, if the Secretary determines that the project will significantly impact a metropolitan area, a region, or all of the United States: (A) A highway or bridge project eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, bridge painting, seismic retrofit projects for bridges, and road realignments. (B) A public transportation project eligible under chapter 53 of title 49, United States Code, including investment in a project participating in the New Starts or Small Starts programs that will expedite the completion of that project and its entry into revenue service. (C) A passenger or freight rail transportation project. (D) A port infrastructure investment, including a project that connects ports to other modes of transportation and improves the efficiency of freight movement. (E) An aviation infrastructure project. (F) A water infrastructure project. (2) Coordination.--With respect to a project described in paragraph (1)(F), the Secretary shall coordinate any grant for such a project with the Administrator of the Environmental Protection Agency and the Secretary of the Army (acting through the Chief of Engineers). (d) Applications and Criteria for Grant Awards.-- (1) Applications.--To be eligible for a grant made under subsection (b), an entity described in paragraph (1), (2), (3), or (4) of that subsection shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (2) Criteria for grant awards.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations specifying the criteria that the Secretary will use to make grants on a competitive basis under subsection (b). (3) Financial commitments.--The criteria specified by the Secretary under paragraph (2) shall include criteria for the consideration of-- (A) whether there are financial commitments in place with respect to a proposed project; (B) the degree of certainty with respect to such financial commitments; and (C) whether such financial commitments are from non-Federal sources. (e) Federal Share.--The Federal share of the cost of a project assisted with a grant made under subsection (b) may not exceed 100 percent of that cost. (f) Considerations.--In making grants under subsection (b), the Secretary shall ensure, to the extent practicable, that the grants-- (1) are distributed geographically in an equitable manner; (2) address the needs of both urban and rural areas appropriately; (3) promote the training and employment of veterans, including by having applicable contractors provide to veterans a preference during the hiring and referral of laborers; and (4) are utilized in a manner that ensures an appropriate percentage of grant amounts are expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (as determined by the Secretary). (g) Applicability of Title 40.--Each project conducted using funds provided with a grant made under subsection (b) shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (h) Buy America.-- (1) In general.--None of the funds made available for a project under this Act may be used for the project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases in which the Secretary finds that-- (A) applying paragraph (1) would be inconsistent with the public interest; (B) iron, steel, or the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality; or (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (3) Justifications.--If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements. (i) Transparency and Accountability.--In carrying out the program established under subsection (a), the Secretary shall-- (1) take actions to ensure that grants made under subsection (b) are utilized as expeditiously and efficiently as possible; (2) make available to the public, on an appropriate Web site of the Department of Transportation, information on each grant made under subsection (b); and (3) submit to Congress, not later than 1 year after the first grant is made under subsection (b), and annually thereafter, information on grants made under subsection (b), including the progress made on projects funded by such grants. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out the program established under subsection (a) the following: (1) $250,000,000,000 for fiscal year 2013. (2) $250,000,000,000 for fiscal year 2014. (3) $250,000,000,000 for fiscal year 2015. (4) $250,000,000,000 for fiscal year 2016. (5) $250,000,000,000 for fiscal year 2017. SEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall establish a Nation Building Here at Home Financing Initiative in accordance with this section. (b) Authority To Issue Bonds.--In carrying out the initiative established under subsection (a), the Secretary of the Treasury may issue bonds. The aggregate face amount of bonds issued under this subsection may not exceed $300,000,000,000. (c) Characteristics of Bonds.--Bonds issued under subsection (b) shall be issued in such amounts, bear such rates of interest, and be subject to such terms and conditions as the Secretary of the Treasury may prescribe. (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make available to the Secretary of Transportation the proceeds resulting from bonds issued under subsection (b). The Secretary of Transportation may use such proceeds only to carry out the program established under section 2(a) of this Act. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a comprehensive report describing the transportation needs of the United States for each of the following: (1) The 20-year period beginning on the date of enactment of this Act. (2) The 30-year period beginning after the period described in paragraph (1). (3) The 50-year period beginning after the period described in paragraph (2).
Nation Building Here at Home Act of 2012 - Directs the Secretary of Transportation (DOT) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects (including water infrastructure projects) with potential to significantly impact a metropolitan area, a region, or all of the United States. Specifies the federal share of project costs at 100%. Requires the iron, steel, and manufactured goods used in projects funded under this Act to have been produced in the United States, except in specified circumstances. Directs the Secretary of the Treasury to establish a Nation Building Here at Home Financing Initiative.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transportation Systems Vulnerability Assessment and Reduction Act of 2003''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Frontline transit employee.--The term ``frontline transit employee'' means an employee of a mass transportation agency who is a bus driver, transit operator, transit maintenance employee, or community representative or is otherwise employed in a position with direct interaction with the public. (2) Eligible transportation agency.--The term ``eligible transportation agency'' means a designated recipient as defined in section 5307(a) of title 49, United States Code, and any other transportation agency designated by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. PUBLIC TRANSPORTATION SYSTEMS VULNERABILITY ASSESSMENTS. (a) Assessment.--The Secretary, in consultation with the heads of other appropriate Federal departments and agencies, shall-- (1) conduct a review of all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including public gathering areas related to public transportation; and (2) as necessary, conduct additional assessments of vulnerabilities associated with any public transportation system. (b) Adequacy of Training.--In conducting the review and assessments under subsection (a), the Secretary shall determine the percentage of frontline transit employees who have received training in emergency preparedness and response activities. (c) Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the President and Congress a report on the results of the review and assessments conducted under this subsection (a), including the Secretary's finding under subsection (b), and the Secretary's recommendations for legislative and administrative actions. (2) Updates.--The Secretary shall update the report, including the Secretary's finding under subsection (b), annually for 2 years and transmit the updated reports to the President and Congress. SEC. 4. GRANTS FOR EMERGENCY PREPAREDNESS AND RESPONSE TRAINING OF FRONTLINE TRANSIT EMPLOYEES. (a) In General.--The Secretary may make grants to eligible transportation agencies for-- (1) the training of frontline transit employees in emergency preparedness and response activities; and (2) the acquisition of equipment and technologies, approved by the Secretary, to assist in carrying out such training and activities. (b) Training Activities.--Training activities under subsection (a)(1) may include the teaching of best practice methods, planning, testing, drills, and the development of agency and regional emergency preparedness and response programs. (c) Applications.--To be eligible for a grant under this section, an eligible transportation agency shall submit to the Secretary an application at the time and containing the information that the Secretary requires by regulation. (d) Terms and Conditions.--A grant to an eligible transportation agency in a fiscal year under this section shall be subject to the following terms and conditions: (1) Emergency management committee.--The agency shall certify that the agency will establish a committee on emergency preparedness and response training consisting of at least one frontline transit employee representative and at least one management employee representative. The committee shall be composed of an equal number of frontline transit employee representatives and management employee representatives. Committee positions shall not be vacant for any period in the fiscal year of more than 30 days. (2) Report.--The agency shall agree to submit to the Secretary before the last day of the fiscal year a report on the use of the grant, including a statement of the number of frontline transit employees receiving training under the grant. (e) Allocation of Grant Amounts.--The Secretary shall allocate amounts made available for grants under this section in a fiscal year among eligible transportation agencies based on the needs of the agencies for emergency preparedness and response training and equipment. Not less than 10 percent of such amounts shall be allocated to eligible transportation agencies in non-urban areas. (f) Federal Share.--The Federal share of the cost of activities funded using amounts from a grant under this section may not exceed 90 percent. (g) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary shall issue final regulations to carry out this section. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $8,000,000 per fiscal year for each of fiscal years 2004, 2005, and 2006. Such amounts shall remain available until expended.
Public Transportation Systems Vulnerability Assessment and Reduction Act of 2003 - Directs the Secretary of Homeland Security (Secretary) to: (1) review all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including related public gathering areas; (2) conduct, as necessary, additional assessments of vulnerabilities associated with any public transportation system; and (3) determine the percentage of frontline transit employees who have received training in emergency preparedness and response activities.Authorizes the Secretary to make grants to eligible transportation agencies for the training of frontline transit employees in emergency preparedness and response activities and the acquisition of approved equipment and technologies to assist in carrying out such training and activities. Allocates grant amounts among eligible transportation agencies based on their needs for emergency preparedness and response training and equipment, requiring not less than ten percent of such amounts to eligible transportation agencies in non-urban areas.
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SECTION 1. REDUCTION IN AMOUNT THAT A NONPARTY MULTICANDIDATE POLITICAL COMMITTEE MAY CONTRIBUTE TO A CANDIDATE IN A CONGRESSIONAL ELECTION. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that, with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation applicable to a nonparty multicandidate political committee under this subparagraph shall be $1,000''. SEC. 2. CONGRESSIONAL ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than in-State individual residents that, in total, are equal to or greater than the total of contributions accepted from in-State individual residents. ``(2) The exceptions relating to the name and address of a person making a contribution of $50 or less and the date of such contribution, as contained in subsection (b)(1), subsection (b)(2)(A), and subsection (c)(2) of section 302, shall not apply to contributions with respect to elections for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(3) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election involved is held.''. SEC. 3. PROHIBITION OF CASH CONTRIBUTIONS IN FEDERAL ELECTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g), is amended by striking out ``which, in the aggregate, exceed $100,''. SEC. 4. PROHIBITION OF INDEPENDENT EXPENDITURES WITHIN 7 DAYS BEFORE A CONGRESSIONAL ELECTION. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this Act, during the period beginning 7 days before the date of an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, and ending on the date of the election, no person may make any independent expenditure with respect to the election.''. SEC. 5. PROHIBITION ON CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 4, is further amended by adding at the end the following new subsection: ``(k) Notwithstanding any other provision of this Act, a multicandidate political committee may not make a contribution to another multicandidate political committee.''. SEC. 6. MULTICANDIDATE POLITICAL COMMITTEE NAME REQUIREMENT. Section 303 of the Federal Election Campaign Act of 1971 (2 U.S.C. 433) is amended by adding at the end the following new subsection: ``(e) Any multicandidate political committee that is affiliated with another organization shall include the entire name of the organization in the name of the multicandidate political committee.''. SEC. 7. PROHIBITION OF BUNDLING. Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows: ``(8) No person may make a contribution through an intermediary or conduit, except that a person may facilitate a contribution by providing-- ``(A) advice to another person as to how the other person may make a contribution; and ``(B) addressed mailing material or similar items to another person for use by the other person in making a contribution.''. SEC. 8. REQUIREMENT FOR DISCLOSURE OF LOBBYIST STATUS BY LOBBYISTS WHO MAKE CONTRIBUTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, and 5, is further amended by adding at the end the following new subsection: ``(l) Any person who is a lobbyist and who makes a contribution shall include with the contribution a statement in writing that discloses the status of the person as a lobbyist.''. SEC. 9. REPORTING REQUIREMENT FOR LOBBYISTS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Not later than 20 days after the end of the month in which a lobbyist makes a contribution, the lobbyist, in such form and manner as the Commission shall prescribe by regulation, shall report the contribution to the Commission.''. SEC. 10. REPORTING REQUIREMENT FOR OUT-OF-STATE CONTRIBUTIONS IN HOUSE OF REPRESENTATIVES ELECTIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 9, is further amended by adding at the end the following new subsection: ``(e) Any report of contributions with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, shall segregate and itemize all out-of-State contributions.''. SEC. 11. BAN ON SOFT MONEY. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, 5, and 8, is further amended by adding at the end the following new subsection: ``(m)(1) It shall be unlawful for the purpose of influencing any election to Federal office-- ``(A) to solicit or receive any soft money; or ``(B) to make any payments from soft money. ``(2) For purposes of paragraph (1), the term `soft money' means any amount-- ``(A) solicited or received from a source which is prohibited under section 316(a); ``(B) contributed, solicited, or received in excess of the contribution limits under section 315; or ``(C) not subject to the recordkeeping, reporting, or disclosure requirements under section 304 or any other provision of this Act.''. SEC. 12. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to elections beginning with the general election on November 5, 1998.
Amends the Federal Election Campaign Act of 1971 to reduce the contribution that a multicandidate political committee may make to a congressional candidate. Prohibits: (1) a congressional candidate from accepting contributions from out-of-State persons that, in total, equal or exceed contributions from in-State residents; (2) cash contributions in Federal elections; (3) independent expenditures within seven days before a congressional election; (4) contributions between multicandidate political committees; and (5) bundling of funds. Requires: (1) a multicandidate political committee affiliated with another organization to include such organization's entire name in its own name; and (2) a lobbyist who makes a contribution to disclose his or her lobbyist status. Sets forth reporting requirements for: (1) contributing lobbyists; and (2) out-of-State contributions in House of Representatives elections. Bans soft money in Federal elections.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in After-School Programs Act of 2009''. SEC. 2. FINDING. Congress finds that-- (1) 21 percent of the children in the United States attend public schools in rural areas; (2) more than 14,000,000 school-age children (25 percent of all school-age children) are left alone after school, including more than 40,000 kindergartners; (3) only 6,500,000 (11 percent) of children in kindergarten through twelfth grade participate in after-school programs, although an additional 15,000,000 would participate if a quality program were available in the communities of the children; (4) in rural areas of the United States, 2,500,000 children live in deep and persistent poverty; (5) among children living in rural areas, 19 percent live in poverty, compared to 15 percent among non-rural children; (6) rural schools have fewer financial resources that non- rural schools, largely as a result of diminished local property tax bases and inequitable distributions of State funds; (7) low literacy rates among parents in poor rural communities affect the early language development and educational aspirations of children; (8) children living in poverty experience less cognitive stimulation and enrichment than children living in middle- income households; (9) the poorer and more diverse the rural population, the lower the scores of the students of the population are on the National Assessment of Educational Progress; (10) academic outcomes that are linked to after-school programs include-- (A) better performance in school as measured by achievement test scores and grades; (B) better attitudes toward school and higher educational aspirations; (C) higher school attendance; and (D) less disciplinary action; (11) investing in after-school programs helps children in rural communities break out of the cycle of poverty and creates opportunities for at-risk youth; (12) in areas in which resources are limited, after-school programs are often the only source of supplemental enrichment in literacy, nutrition education, technology, and preparation for college entrance exams; (13) children attending rural schools have the lowest median per-student funding for after-school programs under the 21st century community learning center program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as compared to children attending urban and suburban schools; (14) after-school program providers in rural communities face unique barriers that include-- (A) higher transportation costs; (B) fewer economies of scale, because of the smaller population base, which results in less funding per child; and (C) fewer trained staff and community-based organizations with whom to partner; (15) in the 30 years before the date of enactment of this Act-- (A) the percentage of children in the United States who are overweight has more than doubled; and (B) the number of teenagers who are overweight has nearly tripled; (16) rural, low-income children represent the highest obesity group among all children in the United States; and (17) after-school programs provide-- (A) much-needed opportunities to promote and support healthy lifestyles in youth in addition to constructive learning environments; and (B) effective venues for improving nutrition, nutrition education, and physical activity. SEC. 3. AFTER-SCHOOL PROGRAMS. Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following: ``SEC. 366. AFTER-SCHOOL PROGRAMS. ``(a) Purpose.--The purpose of this section is to enhance after- school programs in rural areas by helping communities-- ``(1) to establish after-school programs; and ``(2) to improve existing programs by overcoming barriers to service. ``(b) Definitions.--In this section: ``(1) After-school program.--The term `after-school program' means a program that carries out a broad array of activities during periods when school is not in session (such as before school, after school, or during summer recess and other vacation periods) that advance student academic achievement and promote positive youth development. ``(2) Eligible entity.--The term `eligible entity' means a local educational agency (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), educational service agency, community-based organization, another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. ``(3) Rural area.--The term `rural area' means an area that is served by an elementary or secondary school that is designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary of Education. ``(c) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible entities to improve, expand, or establish after-school programs in rural areas. ``(2) Requirement.--Each grant under this section shall be in an amount of not less than $25,000. ``(d) Duration.-- ``(1) Term of grant.--The term of a grant under this section may not be for less than 3 years. ``(2) Renewal.--The Secretary may renew a grant under this section for a period of not less than 3 years, based on the performance of the eligible entity during the previous grant term. ``(e) Uses.--As a condition of the receipt of a grant under this section, an eligible entity shall use the grant to fund projects and activities described in subsection (c), including transportation, professional development, training, recruitment and retention of staff, increasing access to technology, and planning. ``(f) Evaluation.--The Secretary may use not more than 1 percent of the funds under this section-- ``(1) to conduct evaluations of the effectiveness of programs and activities assisted under subsection (c); and ``(2) to disseminate the results of those evaluations for the purpose of refining, improving, and strengthening programs. ``(g) Outreach, Training, and Technical Assistance.--The Secretary may use not more than 3 percent of the funds made available to carry out this section-- ``(1) to conduct outreach, including bidders' conferences, to ensure widespread knowledge of the availability of resources described in subsection (c); ``(2) to disseminate information on best practices and successful program models for serving children and youth in rural areas; and ``(3) to provide capacity building, training, and technical assistance to after-school programs and providers in rural areas. ``(h) Application.-- ``(1) In general.--To be considered for a grant under this section, each eligible entity shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Contents.--An application submitted pursuant to paragraph (1) shall include-- ``(A) a description of the after-school program to be funded, including-- ``(i) an assurance that the program will take place in a safe and easily accessible facility; ``(ii) a description of how children and youth participating in the program will travel safely between the program site and home; ``(iii) a description of how the eligible entity will disseminate information about the program, including the location of the program, to the community in a manner that is understandable and accessible; ``(iv)(I) a description of the services to be provided to children and youth, which may include a broad array of activities, such as-- ``(aa) academic enrichment and youth development activities; ``(bb) drug and violence prevention programs; ``(cc) counseling programs; ``(dd) art, music, physical fitness, and recreational programs; ``(ee) technology education programs; ``(ff) character education programs; and ``(gg) service-learning programs; ``(II) the roles and responsibilities of the partners in providing the services; and ``(III) how the services enhance an existing after-school program; and ``(v) an assurance that the program will provide a nutritious snack or meal that meets nutrition standards established by the Secretary; ``(B) an assurance that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend; ``(C) an assurance that funds provided under this section will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this section, be made available for programs and activities authorized under this section, and in no case supplant Federal, State, local, or non-Federal funds; ``(D) a description of the partnership between a local educational agency, a community-based organization, or another public entity or private entity, if applicable; and ``(E) such additional assurances as the Secretary determines to be necessary to ensure compliance with this section. ``(i) Priority.--The Secretary shall give priority to applications that-- ``(1) propose partnerships between 2 or more eligible entities; or ``(2) propose that a majority of the students participating in the after-school program are eligible for free or reduced price school meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $25,000,000 for fiscal year 2010; ``(2) $50,000,000 for fiscal year 2011; and ``(3) such sums as are necessary for each of fiscal years 2012 through 2014.''.
Investment in After-School Programs Act of 2009 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to award grants to local educational agencies, educational service agencies, community-based organizations, or other entities to improve, expand, or establish rural after-school programs that provide students with a broad array of activities when school is not in session that improve their academic performance and promote their positive development. Requires eligible programs to be implemented in active collaboration with the schools the students attend and take place in safe and easily accessible facilities. Gives priority to applicants that are partnerships between eligible entities or propose to serve students a majority of whom are eligible for free or reduced price meals under the school lunch and breakfast programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Reimportation, Improvement, Correction, and Enhancement Act''. SEC. 2. AMENDMENTS TO PROGRAM FOR IMPORTATION OF CERTAIN PRESCRIPTION DRUGS BY PHARMACISTS AND WHOLESALERS. Section 804 of the Federal Food, Drug, and Cosmetic Act (as added by section 745(c)(2) of Public Law 106-387) is amended-- (1) by striking subsections (e) and (f) and inserting the following subsections: ``(e) Testing; Approved Labeling.-- ``(1) Testing.--Regulations under subsection (a)-- ``(A) shall require that testing referred to in paragraphs (6) through (8) of subsection (d) be conducted by the importer of the covered product pursuant to subsection (a), or the manufacturer of the product; ``(B) shall require that, if such tests are conducted by the importer, information needed to authenticate the product being tested be supplied by the manufacturer of such product to the importer; and ``(C) shall provide for the protection of any information supplied by the manufacturer under subparagraph (B) that is a trade secret or commercial or financial information that is privileged or confidential. ``(2) Approved labeling.--For purposes of importing a covered product pursuant to subsection (a), the importer involved may use the labeling approved for the product under section 505, notwithstanding any other provision of law. ``(f) Discretion of Secretary Regarding Testing.--The Secretary may waive or modify testing requirements described in subsection (d) if, with respect to specific countries or specific distribution chains, the Secretary has entered into agreements or otherwise approved arrangements that the Secretary determines ensure that the covered products involved are not adulterated or in violation of section 505.''; (2) by striking subsections (h) and (i) and inserting the following subsections: ``(h) Prohibited Agreements; Nondiscrimination.-- ``(1) Prohibited agreements.--No manufacturer of a covered product may enter into a contract or agreement that includes a provision to prevent the sale or distribution of covered products imported pursuant to subsection (a). ``(2) Nondiscrimination.--No manufacturer of a covered product may take actions that discriminate against, or cause other persons to discriminate against, United States pharmacists, wholesalers, or consumers regarding the sale or distribution of covered products. ``(i) Study and Report.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study on the imports permitted under this section, taking into consideration the information received under subsection (a). In conducting such study, the Comptroller General shall-- ``(A) evaluate importers' compliance with regulations, determine the number of shipments, if any, permitted under this section that have been determined to be counterfeit, misbranded, or adulterated; and ``(B) consult with the United States Trade Representative and United States Patent and Trademark Office to evaluate the effect of importations permitted under this section on trade and patent rights under Federal law. ``(2) Report.--Not later than 5 years after the effective date of final regulations issued pursuant to this section, the Comptroller General of the United States shall prepare and submit to Congress a report containing the study described in paragraph (1).''; (3) in subsection (k)(2)-- (A) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following subparagraph: ``(A) The term `discrimination' includes a contract provision, a limitation on supply, or other measure which has the effect of providing United States pharmacists, wholesalers, or consumers access to covered products on terms or conditions that are less favorable than the terms or conditions provided to any foreign purchaser of such products.''; (4) by striking subsection (m); and (5) by inserting after subsection (l) the following subsection: ``(m) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each subsequent fiscal year.''.
Prescription Reimportation, Improvement, Correction, and Enhancement Act - Amends Federal Food, Drug, and Cosmetic Act provisions concerning the importation by pharmacists and wholesalers of certain prescription drugs with respect to: (1) testing and labeling; (2) nondiscrimination; and (3) a study and report. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Health Care for Neurobiological Disorders Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) there are sufficient neuroscientific data to document that many severe ``mental'' illnesses are actually physical illnesses known as neurobiological disorders that are characterized by significant neuroanatomical and neurochemical abnormalities; (2) American families should have adequate health insurance protection for the costs of treating neurobiological disorders that is commensurate with the protections provided for other illnesses; (3) currently, many public and private health insurance programs discriminate against persons with neurobiological disorders by providing more restrictive coverage for treatments of those illnesses in comparison to coverage provided for treatments of other medical problems; (4) unequal health insurance coverage contributes to the destructive and unfair stigmatization of persons with neurobiological disorders that are as beyond the control of the individuals as are cancer, diabetes, and other serious physical health problems; (5) about 95 percent of what is known about both normal and abnormal structure and function of the brain has been learned in the last 10 years, but millions of severely mentally ill people have yet to benefit from these startling research advances in clinical and basic neuroscience; and (6) according to the National Institutes of Mental Health, equitable insurance coverage for severe mental disorders will yield $2.2 billion annually in net savings through decreased use of general medical services and a substantial decrease in social costs. SEC. 3. STANDARDS FOR NONDISCRIMINATORY TREATMENT OF NEUROBIOLOGICAL DISORDERS FOR EMPLOYER HEALTH BENEFIT PLANS. (a) In General.--The standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders are requirements that such plans (and carriers offering such plans) provide for coverage of services that are essential to the effective treatment of neurobiological disorders in a manner that-- (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a neurobiological disorder; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses. (b) Plan Deemed to Meet Standards.--An employer health benefit plan shall be deemed to meet the standards described in subsection (a) if the plan provides for the following: (1) Stop-loss protection for catastrophic expenses. (2) Coverage of facility-based care. (3) Coverage of outpatient medical management on a par with other medical procedures to encourage the use of cost-effective ambulatory treatment, including treatment in non-traditional settings. (4) Coverage of visits for psychological supportive, therapeutic, and rehabilitative services, with coinsurance and fees set to ensure effective cost control of high demand services. (5) Coverage of prescription drugs essential to the cost effective treatment of neurobiological disorders. (6) Coverage of medically necessary services for comorbidity of other disorders. SEC. 4. ENFORCEMENT THROUGH EXCISE TAX. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end thereof the following new section: ``SEC. 4980C. FAILURE TO COMPLY WITH EMPLOYER HEALTH BENEFIT PLAN STANDARDS FOR NONDISCRIMINATORY TREATMENT FOR NEUROBIOLOGICAL DISORDERS. ``(a) Imposition of Tax.--There is hereby imposed a tax on the failure of a carrier or an employer health benefit plan to comply with the standards relating to the nondiscriminatory treatment of neurobiological disorders under section 3 of the Equitable Health Care for Neurobiological Disorders Act of 1993. ``(b) Amount of Tax.-- ``(1) In general.--Subject to paragraph (2), the tax imposed by subsection (a) shall be an amount not to exceed 25 percent of the amounts received by the carrier or under the plan for coverage during the period such failure persists. ``(2) Limitation in case of individual failures.--In the case of a failure that only relates to specified individuals or employers (and not to the plan generally), the amount of the tax imposed by subsection (a) shall not exceed the aggregate of $100 for each day during which such failure persists for each individual to which such failure relates. A rule similar to the rule of section 4980B(b)(3) shall apply for purposes of this section.<plus-minus> ``(c) Liability for Tax.--The tax imposed by this section shall be paid by the carrier. ``(d) Exceptions.-- ``(1) Corrections within 30 days.--No tax shall be imposed by subsection (a) by reason of any failure if-- ``(A) such failure was due to reasonable cause and not to willful neglect, and ``(B) such failure is corrected within the 30-day period beginning on earliest date the carrier knew, or exercising reasonable diligence would have known, that such failure existed. ``(2) Waiver by secretary.--In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that payment of such tax would be excessive relative to the failure involved. ``(e) Definitions.--For purposes of this section, the terms `carrier' and `employer health benefit plan' have the respective meanings given such terms in section 5 of the Equitable Health Care for Neurobiological Disorders Act of 1993.'' (ii) Clerical amendment.--The table of sections for chapter 43 of such Code is amended by adding at the end thereof the following new items: ``Sec. 4980C. Failure to comply with employer health benefit plan standards for nondiscriminatory treatment for neurobiological disorders.''. (b) Effective Date.--The amendments made by this subsection shall apply to plan years beginning after December 31, 1993. SEC. 5. DEFINITIONS. In this Act, the following definitions shall apply: (1) Carrier.--The term ``carrier'' means any entity which provides health insurance or health benefits in a State, and includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, the plan sponsor of a multiple employer welfare arrangement or an employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974), or any other entity providing a plan of health insurance subject to State insurance regulation. (2) Employer health benefit plan.--The term ``employer health benefit plan'' means a health benefit plan (including an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974) which is offered to employees through an employer and for which the employer provides for any contribution to such plan or any premium for such plan are deducted by the employer from compensation to the employee. (3) Health benefit plan.--The term ``health benefit plan'' means any hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance subscriber contract, or a multiple employer welfare arrangement or employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974) which provides benefits with respect to health care services, but does not include-- (A) coverage only for accident, dental, vision, disability income, or long-term care insurance, or any combination thereof, (B) medicare supplemental health insurance, (C) coverage issued as a supplement to liability insurance, (D) worker's compensation or similar insurance, or (E) automobile medical-payment insurance, or any combination thereof. (4) Neurobiological disorder.-- (A) In general.--An individual with a ``neurobiological disorder'' is an individual diagnosed with one or more of the following conditions: (i) Affective disorders, including bipolar disorder and major depressive disorder. (ii) Anxiety disorders, including obsessive-compulsive disorder and panic disorder. (iii) Attention deficit disorders. (iv) Autism and other pervasive developmental disorders. (v) Psychotic disorders, including schizophrenia spectrum disorders. (vi) Tourette's disorder. (B) Periodic review of definition.-- (i) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations directing the National Institute of Mental Health to conduct a biannual review of the definition of neurobiological disorders under subparagraph (A). In conducting such review, the National Institute of Mental Health shall consult with extramural researchers to review such definition and make recommendations for necessary revisions. (ii) Review by advisory council required.-- The Secretary may not promulgate any regulation modifying the definition of neurobiological disorders under subsection (a) until the recommendations of the National Institute of Mental Health under clause (i) have been reviewed by the National Advisory Mental Health Council.
Equitable Health Care for Neurobiological Disorders Act of 1993 - Sets standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders (defined as affective, anxiety, attention deficit, developmental, psychotic, and Tourette's disorders), including coverage that is no more restrictive than that provided for other major physical illnesses. Deems a plan to meet such standards if it provides for: (1) stop-loss protection for catastrophic expenses; (2) coverage of facility-based care and specified outpatient medical management; (3) coverage of visits for psychological, therapeutic, and rehabilitative services, with coinsurance and fees to ensure effective cost control; and (4) coverage of prescription drugs and medically necessary services for comorbidity of other disorders. Amends the Internal Revenue Code to impose an excise tax on the failure of a heath insurance carrier or an employer health benefit plan to comply with standards under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Gifts Accountability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no clear accountability for Presidential gifts, since multiple lists of such gifts are separately maintained by different Federal agencies, including by the White House Gifts Unit, the National Park Service, and the National Archives and Records Administration. (2) House Report 107-768, ``Problems with the Presidential Gifts System'', presents additional information about the complexity of and problems with the current system. (3) The lack of a consolidated record of the receipt, administration, and disposition of Presidential gifts creates confusion about the status of some of those gifts. (4) Requiring the National Archives and Records Administration to maintain an inventory of Presidential gifts would eliminate such confusion and ensure accountability. SEC. 3. INVENTORY OF PRESIDENTIAL GIFTS. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Inventory of Presidential gifts ``(a) The Archivist shall maintain a current inventory of all Presidential gifts. ``(b) The inventory shall include, with respect to each Presidential gift, the following information: ``(1) The date of receipt by the Federal Government. ``(2) A description. ``(3) The estimated cost or appraised value. ``(4) The donor. ``(5) Any indication of whether the intent of the donor was to make the gift to the United States or to the President personally. ``(6) The current location and status of the gift, including identification of the Federal agency or other person having control of the gift. ``(c) The head of a Federal office or agency, including any unit in the Executive Office of the President, having possession of any record containing information regarding the receipt, location, control, or disposition of a Presidential gift shall, upon receipt of such information, report such information to the Archivist in accordance with regulations issued by the Archivist under this section. ``(d)(1) The Archivist shall make available to the public, upon request, any information in the inventory maintained under this section. ``(2)(A) With respect to each Presidential gift in a year from any person who makes Presidential gifts in the year having a cumulative value of $100 or more, the Archivist shall disclose to the public by not later than May 15 of the succeeding year the following information: ``(i) The date of receipt by the Federal Government. ``(ii) A description. ``(iii) The estimated cost or appraised value. ``(iv) The donor and the donor's employer. ``(v) The circumstance under which the gift was made. ``(B) Subparagraph (A) shall not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5). ``(e) The Archivist shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives each disposition of a Presidential gift other than a gift having a value of less than $100. ``(f)(1) The Archivist shall issue regulations implementing this section. ``(2) The Archivist may not issue any nonbinding guidance for purposes of this section. ``(g) In this section: ``(1) The term `gift' has the meaning that term has under section 109 of the Ethics in Government Act of 1978. ``(2) The term `Presidential gift'-- ``(A) subject to subparagraph (B), means any gift to or for the benefit of-- ``(i) the President personally, the spouse of the President, or any dependent child of the President; ``(ii) the President in his or her official capacity; ``(iii) the Executive Residence at the White House; or ``(iv) a Presidential archival depository (as that term is used in chapter 21); and ``(B) does not include a gift from a relative of an individual to whom the gift is made. ``(3) The term `relative', with respect to an individual-- ``(A) means another individual-- ``(i) who is related to the individual concerned, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or ``(ii) who is the grandfather or grandmother of the spouse of the individual concerned; and ``(B) includes the fiance or fiancee of the individual concerned.''. (b) Clerical Amendment.--The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Inventory of Presidential gifts.''. SEC. 4. RESTRICTIONS RELATING TO GIFTS TO THE PRESIDENT OR SPOUSE OF THE PRESIDENT. Title I of the Ethics in Government Act of 1978 (5 App. U.S.C.) is amended by adding at the end the following: ``restrictions relating to gifts to the president or spouse of the president. ``Sec. 112. (a) The President, and the spouse of the President, may not-- ``(1) accept any gift of stock in a corporation or any gift certificate; ``(2) accept gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; ``(3) accept any gift in the period beginning on the date of any presidential election occurring in the President's term of office and ending on the date of the beginning of the next presidential term of office, unless the President is reelected to serve as President for that next term; ``(4) solicit or coordinate the making of any gift to the President or the spouse of the President; or ``(5) seek to have any other person solicit or coordinate the making of any gift to the President or the spouse of the President. ``(b) An individual elected as President, and the spouse of the individual, may not accept any gift in the period beginning on the date of the election of the individual as President and ending on the date of the beginning of the next presidential term of office. ``(c) Any gift that a President, individual elected as President, or spouse is prohibited from accepting under this section-- ``(1) shall be returned to the person making the gift, by not later than 90 days after the date the gift is made; or ``(2) if not returned within that period-- ``(A) shall be the property of the United States; and ``(B) shall not be deposited in a Presidential archival depository, as that term is used in chapter 21 of title 44, United States Code. ``(d) This section does not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5) or from a relative of an individual to whom the gift is made.''.
Presidential Gifts Accountability Act - Directs the Archivist of the United States to maintain a current inventory of all presidential gifts.Requires the head of a Federal office or agency to report to the Archivist any information regarding a presidential gift.Requires the Archivist to: (1) make inventory information available to the public; (2) disclose to the public additional information regarding each gift from any person who makes presidential gifts in a year having a cumulative value of $100 or more; and (3) report to specified congressional committees on each disposition of a gift other than a gift from a relative or a gift having a value of less than $100.Amends the Ethics in Government Act of 1978 to prohibit the President and any spouse from: (1) accepting any gift of stock in a corporation or any gift certificate; (2) accepting gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; (3) accepting any gift beginning on the date of a presidential election occurring during the President's term and ending on the date of the beginning of the next presidential term, unless the President is reelected for that next term; or (4) soliciting or coordinating, or seeking another to solicit or coordinate, the making of any gift to the President or spouse. Requires any gift wrongfully accepted to be returned or to become property of the United States and not deposited in a presidential archival depository. Makes this section inapplicable with respect to gifts from a foreign government or a relative.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mosquito Abatement for Safety and Health Act''. SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4 of Public Law 107-84 and section 312 of Public Law 107-188, is amended-- (1) by transferring section 317R from the current placement of the section and inserting the section after section 317Q; and (2) by inserting after section 317R (as so transferred) the following: ``SEC. 317S. MOSQUITO-BORNE DISEASES; COORDINATION GRANTS TO STATES; ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS. ``(a) Coordination Grants to States; Assessment Grants to Political Subdivisions.-- ``(1) In general.--With respect to mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as `control programs'), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of-- ``(A) coordinating control programs in the State involved; and ``(B) assisting such State in making grants to political subdivisions of the State to conduct assessments to determine the immediate needs in such subdivisions for control programs, and to develop, on the basis of such assessments, plans for carrying out control programs in the subdivisions. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence, prevalence, or high risk of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. ``(3) Certain requirements.--A grant may be made under paragraph (1) only if-- ``(A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (b)(3) that have been conducted or developed, respectively, by political subdivisions in the State; ``(B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; ``(C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous; ``(D) the State agrees that the State will make grants to political subdivisions as described in paragraph (1)(B), and that such a grant will not exceed $10,000; and ``(E) the State agrees that the grant will be used to supplement, and not supplant, State and local funds available for the purpose described in paragraph (1). ``(4) Reports to secretary.--A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that-- ``(A) describes the activities of the State under the grant; and ``(B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (b)(5) from such subdivisions. ``(5) Number of grants.--A State may not receive more than one grant under paragraph (1). ``(b) Prevention and Control Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States or consortia of political subdivisions of States, for the operation of control programs. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to a political subdivision or consortium of political subdivisions that-- ``(A) has-- ``(i) a history of elevated incidence or prevalence of mosquito-borne disease; ``(ii) a population of infected mosquitoes; or ``(iii) met criteria determined by the Secretary to suggest an increased risk of elevated incidence or prevalence of mosquito-borne disease in the pending fiscal year; ``(B) demonstrates to the Secretary that such political subdivision or consortium of political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; ``(C) demonstrates to the Secretary (directly or through State officials) that the State in which such a political subdivision or consortium of political subdivisions is located has identified or will identify geographic areas in such State that have a significant need for control programs and will effectively coordinate such programs in such areas; and ``(D) is located in a State that has received a grant under subsection (a). ``(3) Requirement of assessment and plan.--A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved-- ``(A) has conducted an assessment to determine the immediate needs in such subdivision or consortium for a control program, including an entomological survey of potential mosquito breeding areas; and ``(B) has, on the basis of such assessment, developed a plan for carrying out such a program. ``(4) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision or consortium of political subdivisions, a grant under such paragraph may be made only if the subdivision or consortium agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Waiver.--The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision or consortium of political subdivisions involved justify the waiver. ``(5) Reports to secretary.--A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision or consortium will submit to the Secretary, and to the State within which the subdivision or consortium is located, a report that describes the control program and contains an evaluation of whether the program was effective. ``(6) Amount of grant; number of grants.-- ``(A) Amount of grant.-- ``(i) Single political subdivision.--A grant under paragraph (1) awarded to a political subdivision for a fiscal year may not exceed $100,000. ``(ii) Consortium.--A grant under paragraph (1) awarded to a consortium of 2 or more political subdivisions may not exceed $110,000 for each political subdivision. A consortium is not required to provide matching funds under paragraph (4) for any amounts received by such consortium in excess of amounts each political subdivision would have received separately. ``(iii) Waiver of requirement.--A grant may exceed the maximum amount in clause (i) or (ii) if the Secretary determines that the geographical area covered by a political subdivision or consortium awarded a grant under paragraph (1) has an extreme need due to the size or density of-- ``(I) the human population in such geographical area; or ``(II) the mosquito population in such geographical area. ``(B) Number of grants.--A political subdivision or a consortium of political subdivisions may not receive more than one grant under paragraph (1). ``(c) Applications for Grants.--A grant may be made under subsection (a) or (b) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(d) Technical Assistance.--Amounts appropriated under subsection (f) may be used by the Secretary to provide training and technical assistance with respect to the planning, development, and operation of assessments and plans under subsection (a) and control programs under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. ``(e) Definition of Political Subdivision.--In this section, the term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this section. ``(f) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007. ``(2) Public health emergencies.--In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under paragraph (1) is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. ``(3) Fiscal year 2004 appropriations.--For fiscal year 2004, 50 percent or more of the funds appropriated under paragraph (1) shall be used to award grants to political subdivisions or consortia of political subdivisions under subsection (b).''. SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following section: ``methods of controlling certain insect and vermin populations ``Sec. 463B. The Director of the Institute shall conduct or support research to identify or develop methods of controlling insect and vermin populations that transmit to humans diseases that have significant adverse health consequences.''. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with the Administrator of the Environmental Protection Agency shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the following: (1) A description of the status of the development of protocols for ensuring the safety of the blood supply of the United States with respect to West Nile Virus, including-- (A) the status of the development of screening mechanisms; (B) changes in donor screening protocols; and (C) the implementation of surveillance systems for the transmission of the virus via the blood supply. (2) Recommendations for improvements to be made to the safety of the blood supply based on the development of protocols pursuant to paragraph (1), including the need for expedited review of screening mechanisms or other protocols. (3) The benefits and risks of the spraying of insecticides as a public health intervention, including recommendations and guidelines for such spraying. (4) The overall role of public health pesticides and the development of standards for the use of such pesticides compared to the standards when such pesticides are used for agricultural purposes. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Mosquito Abatement for Safety and Health Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to States for the purposes of: (1) coordinating mosquito control programs; and (2) assisting States to make grants to localities to conduct assessments regarding the need for control programs and to develop plans for carrying out such programs. Declares that a State may receive only one grant. Directs the Secretary to give preference to States that have one or more localities with high incidences or high risk of mosquito-borne disease or substantial populations of infected mosquitoes. Sets a maximum amount of $10,000 for grants to localities for assessments and plans. Requires States receiving grants to: (1) have developed, or to have agreed to develop, a plan for coordinating control programs in the State which takes into account any assessments or plans for control programs that have been conducted or developed in the State; (2) agree to monitor control programs in the State to ensure they are carried out in accordance with such plan; and (3) submit a report to the Secretary describing the activities of the State under the grant and evaluating whether the control programs of localities were effectively coordinated with each other. Allows the Secretary, acting through the Director, to make grants for control programs to localities or consortia of localities that have: (1) conducted an assessment of the needs for a program, with such assessment including an entomological survey of potential mosquito breeding areas; and (2) developed, based on the assessment, a plan for carrying out a control program. Directs the Secretary to give preference to localities and consortia that meet any of certain criteria, including having a history of elevated incidence of mosquito-borne disease or a population of infected mosquitoes. Requires each locality or consortium receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program. Allows the Secretary to waive the matching requirement in the case of extraordinary economic conditions in a locality or consortium. Requires a locality or consortium receiving a grant to submit a report to the Secretary and to the State in which the locality or consortium is located describing the control program and its effectiveness. Limits grants to localities to a maximum amount of $100,000 for a fiscal year. Limits grants to consortia to a maximum amount of $110,000 for each constituent locality. Sets forth exceptions to such limits. States that a locality or consortium may receive only one grant. Permits the Secretary to provide training and technical assistance to localities and consortia with respect to the planning, development, and operation of control programs and to States with respect to assessments and plans. States that such assistance may be provided either directly or through award of grants or contracts to public and private entities. Authorizes appropriations. Requires that for FY 2004, at least 50 percent of appropriated funds be used to award grants to localities or consortia of localities. (Sec. 3) Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects and vermin that transmit dangerous diseases to humans. (Sec. 4) Directs the Secretary of Health and Human Services to report to Congress on various topics, including: (1) the status of the development of protocols for ensuring the safety of the U.S. blood supply with respect to the West Nile Virus; and (2) the benefits and risks of the spraying of insecticides as a public health intervention, including recommendations and guidelines for such spraying.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement Act of 2015''. SEC. 2. ESTABLISHMENT OF INTERAGENCY TRADE ENFORCEMENT CENTER. (a) In General.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end the following: ``SEC. 142. INTERAGENCY TRADE ENFORCEMENT CENTER. ``(a) Establishment of Center.--There is established in the Office of the United States Trade Representative an Interagency Trade Enforcement Center (in this section referred to as the `Center'). ``(b) Functions of Center.-- ``(1) In general.--The Center shall-- ``(A) serve as the primary forum within the Federal Government for the Office of the United States Trade Representative and other agencies to coordinate the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws; ``(B) coordinate among the Office of the United States Trade Representative, other agencies with responsibilities relating to trade, and the intelligence community the exchange of information related to potential violations of international trade agreements by foreign trading partners of the United States; and ``(C) conduct outreach to United States workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices. ``(2) Coordination of trade enforcement.-- ``(A) In general.--The Center shall coordinate matters relating to the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws among the Office of the United States Trade Representative and the following agencies: ``(i) The Department of State. ``(ii) The Department of the Treasury. ``(iii) The Department of Justice. ``(iv) The Department of Agriculture. ``(v) The Department of Commerce. ``(vi) The Department of Homeland Security. ``(vii) The Office of the Director of National Intelligence. ``(viii) Such other agencies as the President, or the United States Trade Representative, may designate. ``(B) Consultations on intellectual property rights.--In matters relating to the enforcement of United States trade rights involving intellectual property rights, the Center shall consult with the Intellectual Property Enforcement Coordinator appointed pursuant to section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8111). ``(c) Personnel.-- ``(1) Director.--The head of the Center shall be the Director, who shall be the Deputy United States Trade Representative for Trade Enforcement. ``(2) Deputy director.--There shall be in the Center a Deputy Director, who shall-- ``(A) be appointed by the Secretary of Commerce from among full-time senior-level officials of the Department of Commerce and detailed to the Center; and ``(B) report directly to the Director. ``(3) Intelligence community liaison.--There shall be in the Center an Intelligence Community Liaison, who shall be-- ``(A) appointed from among officials of agencies in the intelligence community at the recommendation of the Director of National Intelligence; and ``(B) detailed to the Center by the official's agency. ``(4) Additional employees.--The agencies specified in subsection (b)(2)(A) and agencies in the intelligence community recommended by the Director of National Intelligence may, in consultation with the Director, detail or assign their employees to the Center without reimbursement to support the functions of the Center. ``(d) Administration.--Funding and administrative support for the Center shall be provided by the Office of the United States Trade Representative. ``(e) Annual Report.--Not later than one year after the date of the enactment of this section, and not less frequently than annually thereafter, the Director shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions taken by the Center in the preceding year with respect to the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws. ``(f) Definitions.--In this section: ``(1) Intelligence community.--The term `intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ``(2) United states trade remedy laws.--The term `United States trade remedy laws' means the following: ``(A) Chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ``(B) Chapter 1 of title III of that Act (19 U.S.C. 2411 et seq.). ``(C) Sections 406 and 421 of that Act (19 U.S.C. 2436 and 2451). ``(D) Sections 332 and 337 of the Tariff Act of 1930 (19 U.S.C. 1332 and 1337). ``(E) Investigations initiated by the administering authority (as defined in section 771 of that Act (19 U.S.C. 1677)) under title VII of that Act (19 U.S.C. 1671 et seq.). ``(F) Section 281 of the Uruguay Round Agreements Act (19 U.S.C. 3571). ``(3) United states trade rights.--The term `United States trade rights' means any right, benefit, or advantage to which the United States is entitled under an international trade agreement and that could be effectuated through the use of a dispute settlement proceeding.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141 the following: ``Sec. 142. Interagency Trade Enforcement Center.''. SEC. 3. ESTABLISHMENT OF DEPUTY UNITED STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT AND CHIEF MANUFACTURING NEGOTIATOR. (a) Establishment of Positions.--Section 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows: ``(2) There shall be in the Office 4 Deputy United States Trade Representatives, including the Deputy United States Trade Representative for Trade Enforcement, one Chief Agricultural Negotiator, and one Chief Manufacturing Negotiator who shall all be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Manufacturing Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Manufacturing Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.''. (b) Functions of Positions.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended-- (1) by moving paragraph (5) 2 ems to the left; and (2) by adding at the end the following: ``(6)(A) The principal function of the Deputy United States Trade Representative for Trade Enforcement shall be to ensure that United States trading partners comply with trade agreements to which the United States is a party. ``(B) The Deputy United States Trade Representative for Trade Enforcement shall-- ``(i) serve as the Director of the Interagency Trade Enforcement Center under section 142 and oversee the operations of the Center; ``(ii) assist the United States Trade Representative in investigating and prosecuting disputes before the World Trade Organization and pursuant to other bilateral or regional trade agreements to which the United States is a party; ``(iii) assist the United States Trade Representative in carrying out the functions of the United States Trade Representative under subsection (d); ``(iv) make recommendations with respect to the administration of United States trade remedy laws relating to barriers imposed by foreign governments to the importation of United States goods, services, and intellectual property, and other trade matters; and ``(v) perform such other functions as the United States Trade Representative may direct. ``(7)(A) The principal function of the Chief Manufacturing Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States manufacturing products and services. The Chief Manufacturing Negotiator shall be a vigorous advocate on behalf of United States manufacturing interests and shall perform such other functions as the United States Trade Representative may direct. ``(B) Not later than one year after the date of the enactment of this paragraph, and not less frequently than annually thereafter, the Chief Manufacturing Negotiator shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions taken by the Chief Manufacturing Negotiator in the preceding year.''. (c) Compensation.--Section 5314 of title 5, United States Code, is amended-- (1) by striking ``Deputy United States Trade Representatives (3).'' and inserting ``Deputy United States Trade Representatives (4).''; and (2) by inserting ``Chief Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''. (d) Conforming Amendment.--Section 141(c)(4) of the Trade Act of 1974 (19 U.S.C. 2171(c)(4)) is amended by inserting ``(other than the Deputy United States Trade Representative for Trade Enforcement)'' after ``Deputy United States Trade Representative''. (e) Technical Amendments.--Section 141(e) of the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended-- (1) in paragraph (1), by striking ``5314'' and inserting ``5315''; and (2) in paragraph (2), by striking ``the maximum rate of pay for grade GS-18, as provided in section 5332'' and inserting ``the maximum rate of pay for level IV of the Executive Schedule in section 5315''.
Trade Enforcement Act of 2015 Amends the Trade Act of 1974 to establish within the Office of the United States Trade Representative (USTR) an Interagency Trade Enforcement Center to: serve as the primary forum within the federal government for coordinating with specified agencies the enforcement of U.S. trade rights under international trade agreements and of U.S. trade remedy laws; coordinate among the USTR, other agencies with trade-related responsibilities, and the intelligence community the exchange of information related to potential violations of international trade agreements by foreign trading partners of the United States; and conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices. Establishes in the Center the position of a Director, who shall be the Deputy USTR for Trade Enforcement to head the Trade Enforcement Division, as well as a Deputy Director and an Intelligence Community Liaison. Establishes within the Office of the USTR a Chief Manufacturing Negotiator to conduct trade negotiations and enforce trade agreements relating to U.S. manufacturing products and services. Makes it the principal functions of the Deputy USTR for Trade Enforcement to: ensure that U.S. trading partners comply with trade agreements to which the United States is a party, and assist the USTR in investigating and prosecuting disputes before the World Trade Organization and pursuant to other bilateral or regional trade agreements to which the United States is a party. Makes it the principal function of the Chief Manufacturing Negotiator to act as a vigorous advocate on behalf of this country's manufacturing interests.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unilateral Sanction Reporting Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) in the face of a more politically complicated and commercially integrated world in the post-cold war era, the unilateral economic sanctions policy of the United States must become a more sophisticated tool in order to better serve the national interests of the United States; (2) Members of Congress need more detailed and unbiased information that can be compared on a yearly basis in order to evaluate accurately the costs and benefits of unilateral economic sanctions; and (3) a comprehensive annual report to pertinent congressional committees from the executive branch on sanctions policy will allow the United States Government to view economic sanctions in a more effective, targeted, and flexible manner and better analyze the success of meeting foreign policy objectives. SEC. 3. ANNUAL REPORT TO CONGRESS BY THE PRESIDENT. (a) In General.--The President shall, in consultation with the Secretaries of State, Commerce, Defense, Agriculture, Energy, and Transportation, and the United States Trade Representative, by not later than January 31 of each year, report to all committees of Congress with jurisdiction affected by United States policies on unilateral economic sanctions on-- (1) the costs and benefits within the United States, and, to the extent possible, the economic implications for the targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States during the preceding calendar year; and (2) the policy goals intended to be achieved by such sanctions, and the extent to which such goals were achieved. (b) Specific Reports.-- (1) Secretary of state.--The Secretary of State shall prepare and submit to the President an annual report on the policy goals intended to be achieved by unilateral economic sanctions imposed by the United States, and the extent to which such goals were achieved. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President's report under subsection (a). (2) Assistant secretary of commerce for information and technology.--The Assistant Secretary of Commerce for Information and Technology shall prepare and submit to the President an annual report on the costs and benefits on the information and technology sectors within the United States, and, to the extent possible, the implications for the information and technology sectors in targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President's report under subsection (a). (3) Securities and exchange commission.--The Securities and Exchange Commission shall prepare and submit to the President an annual report on the costs and benefits on securities markets within the United States, and, to the extent possible, the implications for the securities markets of targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President's report under subsection (a). (4) Small business administration.--The Administrator of the Small Business Administration shall prepare and submit to the President an annual report on the costs and benefits on small business concerns in the United States, and, to the extent possible, the implications for small businesses of targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President's report under subsection (a). (c) Details of Reports.-- (1) In general.--Each report under subsection (a) shall set forth the costs and benefits of unilateral economic sanctions to specific sectors of the United States economy, including the services sector, expressed in terms of economic indicators. Among other indicators, the report shall compare levels of imports and exports of domestic products and services with those of internationally competitive products and services. The analyses in the reports under subsection (a) shall be presented in a consistent fashion so as to ensure an accurate comparison of the costs and effects of unilateral economic sanctions from year to year. Each report shall, as well as stating current effects, project future effects of the unilateral economic sanctions at issue. (2) Economic effects on targeted countries or entities.--To the extent possible, each report shall address the economic effects of unilateral economic sanctions on the countries and entities on which the sanctions are imposed, and the extent to which the foreign policy goals of the United States have been achieved by the sanctions. The report shall also project the economic effects of the continued application of unilateral economic sanctions on each such country or entity and how this will further achieve the foreign policy goals of the United States. (3) Relationship to specific sanctions.--The analyses in each report under subsection (a) and (b) shall be made with respect to the specific provision of law or Executive Order imposing the sanctions addressed in the report. (d) Applicability.--The reports under this section shall apply to unilateral economic sanctions imposed before the enactment of this Act that are in effect during the period covered by the reports, and to unilateral economic sanctions imposed on or after the date of the enactment of this Act. SEC. 4. DEFINITIONS. In this Act: (1) Unilateral economic sanction.-- (A) In general.--The term ``unilateral economic sanction'' means any prohibition, restriction, or condition on economic activity, including economic assistance, with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, including any of the measures described in subparagraph (B), except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other members of that regime have agreed to impose substantially equivalent measures. (B) Particular measures.--The measures referred to in subparagraph (A) are the following: (i) The suspension, restriction, or prohibition of exports or imports of any product, technology, or service to or from a foreign country or entity. (ii) The suspension of, or any restriction or prohibition on, financial transactions with a foreign country or entity. (iii) The suspension of, or any restriction or prohibition on, direct or indirect investment in or from a foreign country or entity. (iv) The imposition of increased tariffs on, or other restrictions on imports of, products of a foreign country or entity, including the denial, revocation, or conditioning of nondiscriminatory trade treatment (normal trade relations treatment). (v) The suspension of, or any restriction or prohibition on-- (I) the authority of the Export- Import Bank of the United States to give approval to the issuance of any guarantee, insurance, or extension of credit in connection with the export of goods or services to a foreign country or entity; (II) the authority of the Trade and Development Agency to provide assistance in connection with projects in a foreign country or in which a particular foreign entity participates; or (III) the authority of the Overseas Private Investment Corporation to provide insurance, reinsurance, or financing, or conduct other activities in connection with projects in a foreign country or in which a particular foreign entity participates. (vi) Any prohibition or restriction on the sale, export, lease, or other transfer of any defense article, defense service, or design and construction service under the Arms Export Control Act, or on any financing provided under that Act. (vii) A requirement that the United States representative to an international financial institution vote against any loan or other utilization of funds to, for, or in a foreign country or particular foreign entity. (viii) A measure imposing any restriction or condition on economic activity on any foreign government or entity on the grounds that such government or entity does business in or with a foreign country. (ix) A measure imposing any restriction or condition on economic activity on any person that is a national of a foreign country, or on any government or other entity of a foreign country, on the grounds that the government of that country has not taken measures in cooperation with, or similar to, sanctions imposed by the United States on a third country. (x) The suspension of, or any restriction or prohibition on, travel rights or air transportation to or from a foreign country. (xi) Any restriction on the filing or maintenance in a foreign country of any proprietary interest in intellectual property rights (including patents, copyrights, and trademarks), including payment of patent maintenance fees. (C) Multilateral regime.--In this paragraph, the term ``multilateral regime'' means an agreement, arrangement, or obligation under which the United States cooperates with other countries in restricting commerce for reasons of foreign policy or national security, including-- (i) obligations under resolutions of the United Nations; (ii) nonproliferation and export control arrangements, such as the Australia Group, the Nuclear Supplier's Group, the Missile Technology Control Regime, and the Wassenaar Arrangement; (iii) treaty obligations, such as under the Chemical Weapons Convention, the Treaty on the Non-Proliferation of Nuclear Weapons, and the Biological Weapons Convention; and (iv) agreements concerning protection of the environment, such as the International Convention for the Conservation of Atlantic Tunas, the Declaration of Panama referred to in section 2(a)(1) of the International Dolphin Conservation Act (16 U.S.C. 1361 note), the Convention on International Trade in Endangered Species, the Montreal Protocol on Substances that Deplete the Ozone Layer, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes. (D) Economic assistance.--In this paragraph, the term ``economic assistance'' means-- (i) any assistance under part I or chapter 2, 4, 5, or 8 of part II of the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), any benefits under part IV of that Act (relating to the Enterprise for the Americas Initiative), or any benefits under part V of that Act, relating to tropical forest preservation; (ii) the provision of agricultural commodities, or other assistance or benefits, under the Agricultural Trade Development and Assistance Act of 1954, including the Enterprise for the Americas Initiative; and (iii) any assistance under the FREEDOM Support Act or the Support for East European Democracy (SEED) Act of 1989. (E) Financial transaction.--In this paragraph, the term ``financial transaction'' has the meaning given that term in section 1956(c)(4) of title 18, United States Code. (F) Investment.--In this paragraph, the term ``investment'' means any contribution or commitment of funds, commodities, services, patents, or other forms of intellectual property, processes, or techniques, including-- (i) a loan or loans; (ii) the purchase of a share of ownership; (iii) participation in royalties, earnings, or profits; and (iv) the furnishing or commodities or services pursuant to a lease or other contract. (G) Exclusions.--The term ``unilateral economic sanction'' does not include-- (i) any measure imposed to remedy unfair trade practices or to enforce United States rights under a trade agreement, including under section 337 of the Tariff Act of 1930, title VII of that Act, title III of the Trade Act of 1974, and sections 1374, 1376, and 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3103, 3106, and 3107); (ii) any measure imposed to remedy market disruption or to respond to injury to a domestic industry for which increased imports are a substantial cause or threat thereof, including remedies under sections 201, 406, 421, and 422 of the Trade Act of 1974, and textile import restrictions (including those imposed under section 204 of the Agricultural Act of 1956 (7 U.S.C. 1784)); (iii) any measure imposed to restrict imports of agricultural commodities to protect food safety or to ensure the orderly marketing of commodities in the United States, including actions taken under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624); (iv) any measure imposed to restrict imports of any other products in order to protect domestic health or safety; and (v) any measure authorized by, or imposed under, a multilateral or bilateral trade agreement to which the United States is a signatory, including the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)), the North American Free Trade Agreement, the United States-Israel Free Trade Agreement, and the United States-Canada Free Trade Agreement. (2) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given that term in section 102(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)).
Unilateral Sanction Reporting Act - Directs the President to report annually to all committees of Congress with jurisdiction affected by U.S. policies on unilateral economic sanctions on: (1) the costs and benefits within the United States, and, to the extent possible, the economic implications for the targeted foreign countries or entities concerned, of the imposition of unilateral economic U.S. sanctions during the previous calendar year; and (2) the policy goals intended to be achieved by such sanctions, and the extent to which they were achieved. Requires other specified reports with respect to such sanctions. Defines "unilateral economic sanction" to include export and import restrictions, financial transaction suspensions, investment suspensions, increased tariffs, restrictions on the authority of the Export-Import Bank, restrictions on defense articles, and voting requirements for U.S. representatives to international financial institutions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health as Youth Skills In Classrooms And Life Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has reached epidemic proportions in the United States. (2) Researchers estimate that the medical costs of the obesity epidemic in the United States may total $270,000,000,000 annually. (3) More than one-third of children and adolescents are estimated to be overweight or obese. (4) Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood. (5) Overweight adolescents have a 70- to 80-percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death. (6) Studies show that children born today, for the first time in 2 centuries, have a shorter life expectancy than their parents. (7) According to the Centers for Disease Control and Prevention in 2006-- (A) 1 in 5 students in grades 9-12 seriously considers suicide; (B) 1 in 3 12th graders, 1 in 4 10th graders, and 1 in 10 8th graders binge drink; and (C) 1 in 10 children suffer mental illness causing some level of impairment. (8) Studies show that-- (A) students who receive social-psychological support and prevention have improved academic achievement; (B) instruction in personal and social skills improves decisionmaking and reduces risky health behaviors; and (C) comprehensive programs linking rigorous instruction with health, education, social services, and health services in schools can reduce absenteeism. (9) The American Association for Health Education recommends that students receive a minimum of 50 hours of health education per year in order to ensure health literacy. (10) According to the Centers for Disease Control and Prevention, only 6.4 percent of elementary schools, 20.6 percent of middle schools, and 35.8 percent of high schools require health instruction in all 14 recommended health topics and only 3.8 percent of elementary schools, 7.8 percent of middle schools, and 2.1 percent of high schools provide daily physical education or its equivalent. (11) The Institute of Medicine in 2004 reported that enhanced school health education programs are essential to developing a health literate society in the United States as the Nation faces increasing health care challenges. (12) According to the Centers for Disease Control and Prevention, studies suggest that physical activity can impact cognitive skills and attitudes, and important components of improved academic performance, including enhanced concentration and attention as well as improved classroom behavior. (13) The White House Task Force on Childhood Obesity Report recommends increasing the quality and frequency of sequential, age, and developmentally appropriate physical education for all students, taught by certified physical education teachers. (14) The National Association for Sport and Physical Education recommends that elementary school students receive 150 minutes per week of physical education and that middle school and high school students receive 225 minutes per week of physical education. (15) The American school system is already situated to reach 50,000,000 children and youth to provide the health and physical education they need and a place for them to engage in these behaviors, such as nutritious eating and participating in physical activity. (16) Military readiness is vulnerable, as almost 30 percent of 17- to 24-year-olds are too overweight to serve in the U.S. military. (17) Physical education and health education are critical to combating these harmful trends and are key components to educating the whole child. SEC. 3. OFFICE OF SAFE AND HEALTHY STUDENTS. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 221. OFFICE OF SAFE AND HEALTHY STUDENTS. ``(a) Office of Safe and Healthy Students.--There shall be an Office of Safe and Healthy Students (referred to in this section as the `Office') in the Department of Education to advise the Secretary on Departmental matters related to health education, physical education, and providing a safe and supportive school climate for students' learning, including promoting the acquisition of knowledge and skills needed to be healthy, productive citizens. The Office shall assume the responsibilities of the Office of Safe and Drug-Free Schools and expand such responsibilities and oversight for broader health and physical education issues. ``(b) Director.-- ``(1) Appointment and reporting.--The Office shall be under the direction of a Director, who shall be appointed by the Secretary and who shall report directly to the Deputy Secretary. ``(2) Duties.--The Director shall-- ``(A) promote health education activities designed to prevent, protect, and remediate the health and safety of students, including nutrition, health literacy, mental health, bullying, physical activity, and drug and alcohol abuse; ``(B) promote physical education in elementary schools and secondary schools; ``(C) coordinate such activities within the Department of Education and with other agencies and organizations sharing a similar mission, including the Department of Health and Human Services, the Department of Agriculture, and the Department of Justice; ``(D) administer, coordinate, and recommend policy for improving quality and excellence of programs and activities that are designed to-- ``(i) provide financial assistance for activities that promote the health, safety, and well-being of students in elementary schools, secondary schools, and institutions of higher education, that are carried out by State educational agencies, local educational agencies, tribal schools, and public or private nonprofit organizations; ``(ii) participate in the formulation and development of education program policy and legislative proposals and in overall Department policies related to health and safety promotion in schools; ``(iii) participate in interagency committees, groups, and partnerships related to health and safety promotion, that includes drug and violence prevention (including bullying prevention), coordinating with other Federal agencies on issues related to comprehensive school health and physical education, and advising the Secretary on the formulation of comprehensive policies related to school health and physical education; ``(iv) participate with other Federal agencies in the development of a national research agenda for health, physical activity, and safety promotion, prevention and reduction of risky health behaviors, and positive youth development, and serve as a clearinghouse for research data documenting the connection between student health, safety, and academic performance, attendance and future job success; ``(v) serve a coordinating function within the Department to identify all programs that address any aspect of student health and safety promotion within schools and ensure that the programs work in a coordinated manner; ``(vi) analyze data to assess progress and achievement of relevant national health objectives for the Nation; and ``(vii) serve as a clearinghouse for local educational agencies and schools needing technical assistance in addressing student health and safety issues; and ``(E) submit a biennial report to Congress regarding-- ``(i) the expansion of-- ``(I) physical education, health education and school health programs, and the improvement of student knowledge, skills, and behavior; and ``(II) teachers and others prepared to provide such programs and services; and ``(ii) the integration of physical activity and health programs throughout the school day, including before and after school and in the community.''. SEC. 4. HEALTH EDUCATION AND PHYSICAL EDUCATION. (a) Definitions.--Section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and geography'' and inserting ``geography, physical education, and health education''. (b) Assessments.--Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Assessments for health education and physical education.--Notwithstanding any other provision of this Act, each State shall determine the most feasible measure for assessing students in health education and physical education, including the use of adaptive assessments, to measure student knowledge and performance according to State standards and benchmarks.''. SEC. 5. HEALTH EDUCATION GRANT PROGRAM. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--HEALTH EDUCATION ``SEC. 4401. HEALTH EDUCATION PROGRAMS. ``(a) Purpose.--It is the purpose of this section to award grants and contracts to initiate, expand, and improve health education programs for all kindergarten through 12th-grade students. ``(b) Establishment.--The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies, including tribal schools and tribal school education agencies, community-based organizations, and nonprofit organizations to initiate, expand, and improve health education programs for kindergarten through grade 12 students, especially in rural areas, by-- ``(1) providing resources and support to enable students to develop health literacy and skills to live more healthfully; ``(2) developing or enhancing health education curricula to meet national goals for health education developed by the Secretary in consultation with the Director of the Centers for Disease Control and Prevention; ``(3) providing funds for technology, curriculum, related materials, and training, including on-line learning; and ``(4) providing funds for professional development for teachers, school nurses, wellness coordinators, and other personnel involved in student health. ``(c) Application.-- ``(1) Submission.--Each local educational agency, community-based organization, or nonprofit organization desiring a grant or contract under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve health education programs in order to make progress toward meeting State or national standards for health education. ``(2) Proportionality.--To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies, community-based organizations, and nonprofit organizations serving urban and rural areas. ``(d) Program Elements.--A health education program funded under this section may provide for 1 or more of the following: ``(1) Curriculum development activities designed to enhance school curricula efforts. ``(2) Instruction in health designed to enhance the physical, mental, and social or emotional development of every student. ``(3) Development of personal and life skills designed to reduce risky behaviors. ``(4) Opportunities to develop decisionmaking and problem solving skills. ``(5) Instruction in healthy eating habits and good nutrition. ``(6) Opportunities for professional development for teachers of health education to stay current with the latest research, issues, and trends in the field of health education. ``(7) Opportunities to assess school health curriculum needs and priorities and to assess students' progress in meeting health education standards. ``(e) Requirements.-- ``(1) Annual report to the secretary.--In order to continue receiving funding after the first year of a multi-year grant or contract under this section, the administrator of the grant or contract for the local educational agency, community-based organization, or nonprofit organization shall submit to the Secretary an annual report that-- ``(A) describes the activities conducted during the preceding year; and ``(B) demonstrates progress and achievements made toward meeting State or national standards for health education. ``(2) Administrative expenses.--Not more than 5 percent of the grant funds made available to a local educational agency, community-based organization, or nonprofit organization under this section for any fiscal year may be used for administrative expenses. ``(f) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds available for health education activities.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part D--Health Education ``Sec. 4401. Health Education Programs.''. SEC. 6. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. (a) In General.--The Carol M. White Physical Education Program (20 U.S.C. 7261 et seq.) is amended by adding at the end the following: ``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5507 the following: ``Sec. 5508. Authorization of appropriations.''.
Promoting Health as Youth Skills In Classrooms And Life Act - Amends the Department of Education Organization Act to establish an Office of Safe and Healthy Students in the Department of Education to assume the responsibilities of the Office of Safe and Drug-Free Schools and expand such responsibilities to broader health and physical education issues. Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects." Requires each state to determine the most feasible measure for assessing students in health education and physical education, including through adaptive assessments, to measure student knowledge and performance against state standards. Authorizes the Secretary of Education to award grants to, and enter into contracts with, local educational agencies (LEAs), community-based organizations, and nonprofit organizations to initiate, expand, and improve health education programs for students in kindergarten through grade 12, especially in rural areas. Authorizes appropriations for FY2012-FY2016 for the Carol M. White Physical Education Program, which provides matching grants to LEAs and community-based organizations to initiate, expand, and improve physical education programs (including after-school programs) for students in kindergarten through grade 12.
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SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION. (a) Findings.--Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by Congress. (b) Purposes.--The purposes of this Act are as follows: -- (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and the land claims asserted therein. (c) Definitions.--For purposes of this Act, the following definitions apply: -- (1) Kansas lands.--The term ``Kansas Lands'' means all of the lands described and identified as ``Gifted Lands'' and ``Accreted Lands'' in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM. (3) secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Settlement lands.--The term ``Settlement Lands'' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas and more particularly described in Quit Claim Deed filed for record as Parcel I.D. 944806, Book 3190 at Page 198 and Book 4408 at Page 789 in the Wyandotte County, Kansas, Register of Deeds Office. (5) Unified government.--The term ``Unified Government'' means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation.--The term ``Wyandotte Nation'' means the Wyandotte Nation, a federally-recognized Indian tribe. (d) Extinguishment of Land Claims.--Not later than 90 days after the date of the enactment of this section and as part of the settlement of the Lawsuit and the Wyandotte Nation's land claims asserted therein, the Secretary shall take and hold title to the Settlement Lands in trust for the benefit of the Wyandotte Nation pursuant to and within the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which the Wyandotte Nation has or could have asserted in the Lawsuit shall be extinguished upon-- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice of approval of tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)). (e) Shriner Property.--Congress confirms that the United States acquired title to the Shriner's Property in trust for the benefit of the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust status of the Shriner's Property, the Wyandotte Nation shall have no rights to conduct gaming on the Shriner's Property upon- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice approval of a tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).
Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas. Extinguishes any and all claims which the Wyandotte Nation has or could have asserted in the lawsuit upon specified conditions being met.Denies the Wyandotte Nation gaming rights on the Shriner's Property, a property already held in trust for it by the United States, upon specified conditions being met.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Excellence Act of 2010''. SEC. 2. EQUITY IN EXCELLENCE GRANTS. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) by redesignating part I as part J; and (2) by inserting after section 1830 the following: ``PART I--EQUITY IN EXCELLENCE GRANTS ``SEC. 1841. PURPOSE. ``The purpose of this part is to support high-need local educational agencies to develop programs that ensure that the rate of growth in academic achievement of high-achieving, educationally disadvantaged students in grades 1 through 4 who are served by the high-need local educational agencies is comparable to that of such students' more advantaged, high-achieving peers. ``SEC. 1842. DEFINITIONS. ``In this part: ``(1) Cohort.--The term `cohort' means a group of high- achieving students in any of grades 1 through 4 who attend schools served by the same local educational agency. ``(2) Educationally disadvantaged student.--The term `educationally disadvantaged student' means a student who is from a low-income family, as determined by the measure of poverty used for the purposes of section 1113(a)(5) by the local educational agency serving the student. ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) a high-need local educational agency; ``(B) a consortium of local educational agencies that includes a high-need local educational agency; or ``(C) an eligible partnership. ``(4) Eligible partnership.--The term `eligible partnership' means a partnership consisting of-- ``(A) not less than 1 eligible high-need local educational agency; and ``(B) not less than 1 institution of higher education, or nonprofit organization, with significant expertise in educating students with gifts and talents. ``(5) High-achieving.--The term `high-achieving', when used with respect to a student, means a student who-- ``(A) based on a valid and reliable assessment administered upon the student's entry into grade 1, is performing academically in the top 10 percent of the students entering grade 1 at the school, for any subgroup described in section 1111(b)(2)(C)(v)(II) that includes the student; or ``(B) is identified by the local educational agency or elementary school for gifted education services through teacher or family referrals. ``(6) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that meets the requirements of section 2102(3)(A). ``SEC. 1843. EQUITY IN EXCELLENCE GRANTS. ``(a) Program Authorized.-- ``(1) In general.--From amounts appropriated to carry out this part and not reserved under section 1845(b)(2), the Secretary is authorized to award demonstration grants, on a competitive basis, to eligible entities to enable the eligible entities to develop targeted interventions and academic services to ensure that, among the students served by high-need local educational agencies, the rate of growth in academic achievement of the cohort of high-achieving, educationally disadvantaged students is comparable to the cohort of such students' more advantaged, high-achieving peers. ``(2) Duration.--A grant awarded under this part shall be for a period of not more than 3 years and may be extended by the Secretary for an additional 2 years, in accordance with section 1845(a)(2). ``(b) Application.--An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 1844. AUTHORIZED USE OF FUNDS. ``An eligible entity receiving a grant under this part shall use grant funds to carry out, for the cohorts of high-achieving students served by the high-need local educational agency participating in the eligible entity, all of the following activities: ``(1) Ensuring that assessments provide diagnostic information that informs instruction for high-achieving students. ``(2) Implementing evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies, designed to maximize the learning of high-potential and high-achieving students. ``(3) Procuring or utilizing high-quality instructional materials. ``(4) Carrying out training and professional development for school personnel involved in the teaching of high- achieving, educationally disadvantaged students, such as instructional staff, principals, counselors, and psychologists. ``(5) Conducting education and training for parents of high-achieving, educationally disadvantaged students to support educational excellence for such students. ``SEC. 1845. REPORTS AND DATA COLLECTION. ``(a) Third-Year Report.-- ``(1) In general.--At the end of the third year of a grant under this part, the eligible entity receiving such grant shall prepare, and submit to the Secretary, a report regarding-- ``(A) how grant funds were expended; and ``(B) the outcomes produced by the grant. ``(2) Review.--Upon review of a third-year report submitted by an eligible entity under paragraph (1), the Secretary may extend a grant awarded under this part for not more than 2 more years based on the eligible entity's performance. ``(b) Data Collection.-- ``(1) In general.--The Secretary, acting through the Director of the Institute of Education Sciences, shall-- ``(A) collect data annually comparing longitudinal achievement levels of the cohorts of high-achieving, educationally disadvantaged students served by a grant under this part with such students' more advantaged peers; and ``(B) release such data for analysis by independent research institutions. ``(2) Reservation.--The Secretary may reserve not more than 1 percent of the total amount appropriated for this part to carry out subsection (a). ``SEC. 1846. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a recipient of a grant under this part from serving high-achieving, educationally disadvantaged students simultaneously with students with similar educational needs in the same educational settings, where appropriate.''. (b) Conforming Amendments.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is further amended-- (1) in the table of contents in section 2-- (A) by striking the item relating to part I and inserting the following: ``Part J--General Provisions''; and (B) by inserting after the item relating to section 1830 the following: ``PART I--Equity in Excellence Grants ``Sec. 1841. Purpose. ``Sec. 1842. Definitions. ``Sec. 1843. Equity in excellence grants. ``Sec. 1844. Authorized use of funds. ``Sec. 1845. Reports and data collection. ``Sec. 1846. Rule of construction.''; (2) in section 1304(c)(2) (20 U.S.C. 6394(c)(2)), by striking ``part I'' and inserting ``part J''; and (3) in section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)), by striking ``part I'' and inserting ``part J''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by adding at the end the following: ``(j) Equity in Excellence Grants.--For the purpose of carrying out part I, there is authorized to be appropriated $50,000,000 for fiscal year 2011 and each of the 5 succeeding fiscal years.''.
Equity in Excellence Act of 2010 - Amends title I of the Elementary and Secondary Education Act of 1965 to establish an Equity in Excellence Grant program authorizing the Secretary of Education to award competitive grants to eligible entities for efforts to ensure that the academic achievement rates of high-achieving students in grades one through four, who are from impoverished families and served by high-need local educational agencies (LEAs), do not fall behind the achievement rates of their more advantaged, high-achieving peers. Lists as eligible grantees: (1) high-need LEAs; (2) consortia of LEAs that include high-need LEAs; and (3) partnerships composed of high-need LEAs and institutions of higher education or nonprofits that have expertise in educating gifted students. Requires the use of grant funds to: (1) ensure that assessments provide diagnostic information that informs the instruction of high-achieving students; (2) implement evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies; (3) procure or use high-quality instructional materials; (4) train school personnel involved in teaching high-achieving students from impoverished families; and (5) conduct education and training for such students' parents that supports their children's excellence. Allows the Secretary to extend such grants based on recipient performance. Directs the Secretary to: (1) collect data annually comparing the longitudinal achievement levels of the students served by this Act's grants with their more advantaged peers; and (2) release such data for analysis to independent research institutions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Feed Protection Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) BSE.--The term ``BSE'' means bovine spongiform encephalopathy. (2) Covered article.-- (A) In general.--The term ``covered article'' means-- (i) feed for an animal; (ii) a nutritional supplement for an animal; (iii) medicine for an animal; and (iv) any other article of a kind that is ordinarily ingested, implanted, or otherwise taken into an animal. (B) Exclusions.--The term ``covered article'' does not include-- (i) an unprocessed agricultural commodity that is readily identifiable as nonanimal in origin, such as a vegetable, grain, or nut; (ii) an article described in subparagraph (A) that, based on compelling scientific evidence, the Secretary determines does not pose a risk of transmitting prion disease; or (iii) an article regulated by the Secretary that, as determined by the Secretary-- (I) poses a minimal risk of carrying prion disease; and (II) is necessary to protect animal health or public health. (3) Specified risk material.-- (A) In general.--The term ``specified risk material'' means-- (i) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord, vertebral column, or dorsal root ganglia of-- (I) cattle and bison 30 months of age and older; or (II) sheep, goats, deer, and elk 12 months of age and older; (ii) the intestinal tract of a ruminant of any age; and (iii) any other material of a ruminant that may carry a prion disease, as determined by the Secretary, based on scientifically credible research. (B) Modification.--The Secretary shall conduct an annual review of scientific research and may modify the definition of specified risk material based on scientifically credible research (including the conduct of ante-mortem and post-mortem tests certified by the Secretary of Agriculture). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH. It shall be unlawful for any person to introduce into interstate or foreign commerce a covered article if the covered article contains-- (1)(A) specified risk material from a ruminant; or (B) any material from a ruminant that-- (i) was in any foreign country at a time at which there was a risk of transmission of BSE in the country, as determined by the Secretary of Agriculture; and (ii) may contain specified risk material from a ruminant; or (2) any material from a ruminant exhibiting signs of a neurological disease. SEC. 4. ENFORCEMENT. (a) Cooperation.--The Secretary and the heads of other Federal agencies, as appropriate, shall cooperate with the Attorney General in enforcing this Act. (b) Due Process.--Any person subject to enforcement action under this section shall have the opportunity for an informal hearing on the enforcement action as soon as practicable after, but not later than 10 days after, the enforcement action is taken. (c) Remedies.--In addition to any remedies available under other provisions of law, the head of a Federal agency may enforce this Act by-- (1) seizing and destroying an article that is introduced into interstate or foreign commerce in violation of this Act; or (2) issuing an order requiring any person that introduces an article into interstate or foreign commerce in violation of this Act-- (A) to cease the violation; (B)(i) to recall any article that is sold; and (ii) to refund the purchase price to the purchaser; (C) to destroy the article or forfeit the article to the United States for destruction; or (D) to cease operations at the facility at which the article is produced until the head of the appropriate Federal agency determines that the operations are no longer in violation of this Act. (d) Civil and Monetary Penalties.--The Secretary is directed to promulgate regulations on the appropriate level of civil and monetary penalties necessary to carry out the provisions of this Act, within 180 days following enactment of this Act. SEC. 5. TRAINING STANDARDS. The Secretary, in consultation with the Secretary of Agriculture, shall issue training standards to industry for the removal of specified risk materials. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $5,000,000 to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act takes effect on the date that is 180 days after the date of enactment of this Act.
Animal Feed Protection Act of 2004 - Makes it unlawful for any person to introduce into interstate or foreign commerce a covered article that contains: (1) specified risk material from a ruminant, or any material from a ruminant that was in any foreign country when there was a risk of transmission of bovine spongiform encephalopathy (BSE), and may contain specified risk material from a ruminant; or (2) any material from a ruminant exhibiting signs of a neurological disease. States that the head of a Federal agency may: (1) seize and destroy an article that is introduced into interstate or foreign commerce in violation of this Act; or (2) require any person who is in violation of this Act to cease the violation, to recall any sold article and refund the purchase price, to destroy or forfeit the article to the United States for destruction, or to cease production operations until the head of the appropriate Federal agency determines that there is no longer a violation of this Act. Directs the Secretary of Health and Human Services to provide for related civil and monetary penalties. Defines "covered article" as: (1) animal feed, nutritional supplement, or medicine; and (2) any other article that is ordinarily ingested, implanted, or otherwise taken into an animal. Sets forth exceptions. Defines "specified risk material" as: (1) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord, vertebral column, or dorsal root ganglia of cattle and bison 30 months of age and older, or sheep, goats, deer, and elk 12 months of age and older; (2) the intestinal tract of any ruminant; and (3) any other material of a ruminant that may carry a prion disease.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Media Working Group Act of 2014''. SEC. 2. SOCIAL MEDIA WORKING GROUP. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 318. SOCIAL MEDIA WORKING GROUP. ``(a) Establishment.--The Secretary shall establish within the Department a social media working group (in this section referred to as the `Group'). ``(b) Purpose.--In order to enhance information sharing between the Department and appropriate stakeholders, the Group shall provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack or other emergency. ``(c) Membership.-- ``(1) In general.--The Under Secretary for Science and Technology shall serve as the permanent chairperson of the Group, and shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as co-chairperson. The Under Secretary shall establish term limits for individuals appointed to the Group pursuant to paragraph (2). Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, and nongovernmental organization practitioners, including representatives from the following entities: ``(A) The Office of Public Affairs of the Department. ``(B) The Office of the Chief Information Officer of the Department. ``(C) The Privacy Office of the Department. ``(D) The Federal Emergency Management Agency. ``(E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency. ``(F) The American Red Cross. ``(G) The Forest Service. ``(H) The Centers for Disease Control and Prevention. ``(I) The United States Geological Survey. ``(J) The National Oceanic and Atmospheric Administration. ``(2) Additional members.--The Under Secretary for Science and Technology shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall-- ``(A) be equal to or greater than the total number of regular members under paragraph (1); and ``(B) include-- ``(i) not fewer than three representatives from the private sector; and ``(ii) representatives from-- ``(I) State, local, and tribal entities, including from-- ``(aa) law enforcement; ``(bb) fire services; ``(cc) emergency management services; and ``(dd) public health entities; ``(II) universities and academia; and ``(III) non-profit disaster relief organizations. ``(d) Consultation With Non-members.--To the extent practicable, the Group shall work with existing bodies in the public and private sectors to carry out subsection (b). ``(e) Meetings.-- ``(1) Initial meeting.--Not later than 90 days after the date of the enactment of this section, the Group shall hold its initial meeting. Such initial meeting may be held virtually. ``(2) Subsequent meetings.--After the initial meeting under paragraph (1), the Group shall meet at least twice each year, or at the call of the Chairperson. Such subsequent meetings may be held virtually. ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. ``(g) Reports.--Not later than March 30 of each year, the Group shall submit to the appropriate congressional committees a report that includes the following: ``(1) A review of current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks and other emergencies. ``(2) A review of best practices and lessons learned on the use of social media during the response to terrorist attacks and other emergencies that occurred during the period covered by the report at issue. ``(3) Recommendations to improve the Department's use of social media for emergency management purposes. ``(4) Recommendations to improve public awareness of the type of information disseminated through social media, and how to access such information, during a terrorist attack or other emergency. ``(5) Recommendations to improve information sharing among the Department and its components. ``(6) Recommendations to improve information sharing among State and local governments. ``(7) A review of available training for Federal, State, local, and tribal officials on the use of social media in response to a terrorist attack or other emergency. ``(8) A summary of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 317 the following new item: ``Sec. 318. Social media working group.''. Passed the House of Representatives July 8, 2014. Attest: KAREN L. HAAS, Clerk.
(This measure has not been amended since it was reported to the House on June 19, 2014. Social Media Working Group Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security (DHS) a social media working group (the Group) to provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack or other emergency. Requires the Group to submit an annual report that includes: (1) a review of current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks and other emergencies; (2) a review of best practices and lessons learned on the use of social media during the response to terrorist attacks and other emergencies that occurred during the period covered by the report; (3) recommendations to improve DHS's use of social media for emergency management purposes, to improve public awareness of the type of information disseminated through social media and how to access such information during a terrorist attack or other emergency, and to improve information sharing among DHS and its components and among state and local governments; (4) a review of available training for government officials on the use of social media in response to a terrorist attack or other emergency; and (5) a summary of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``2005 BRAC Selection Criteria Act''. SEC. 2. SPECIFICATION OF 2005 BRAC FINAL SELECTION CRITERIA. (a) Findings.--Congress finds the following: (1) Title XXX of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1342) amended the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) to authorize the Secretary of Defense to conduct a round of base realignments and closures in 2005. (2) In section 2822 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726), approved November 24, 2003, Congress required the Secretary of Defense to assess the probable threats to national security and determine the potential, prudent, surge requirements for the Armed Forces and military installations to meet those threats. Such section specifically requires the Secretary of Defense to use the determination of surge requirements in exercising the authority of the Secretary to conduct the 2005 round of base realignments and closures. (3) Section 2913 of the Defense Base Closure and Realignment Act of 1990, as added by title XXX of the National Defense Authorization Act for Fiscal Year 2002, specified the process by which the Secretary of Defense was to prepare the criteria to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures and listed certain requirements the Secretary had to comply with as part of the process, including the advance publication of the proposed criteria and the solicitation and consideration of public comments. (4) In subsection (e) of such section, Congress required the Secretary of Defense to publish in the Federal Register and transmit to Congress not later than February 16, 2004, the final criteria intended to be used by the Secretary in making recommendations for the 2005 round of base realignments and closures. Pursuant to such subsection, the Secretary of Defense published the final selection criteria in the Federal Register on February 12, 2004 (69 Fed. Reg. 6948). (5) In addition to specifically reserving its right to disapprove the final selection criteria, Congress may modify or otherwise amend the criteria by Act of Congress. (b) Congressional Specification of Final BRAC Selection Criteria.-- Section 2913 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as added by section 3002 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is amended to read as follows: ``SEC. 2913. FINAL SELECTION CRITERIA FOR 2005 ROUND. ``(a) Final Selection Criteria.--The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: ``(1) The current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, readiness, and research, development, test, and evaluation of weapons systems and equipment. ``(2) The availability and condition of land, facilities, infrastructure, and associated air and water space (including preservation of training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas, the preservation of testing ranges able to accommodate current or future military weapons systems and equipment, and the preservation of staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. ``(3) The ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair. ``(4) Preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined to be surge requirements by the Secretary of Defense, as required by section 2822 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726). ``(5) The extent and timing of potential costs and savings of base realignment and closure actions on the entire Federal budget, as well as the Department of Defense, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. Costs shall include those costs related to potential environmental restoration, waste management, and environmental compliance activities. ``(6) The economic impact on existing communities in the vicinity of military installations. ``(7) The ability of the infrastructure of both existing and potential receiving communities to support forces, missions, and personnel, including quality of living standards for members of the Armed Forces and their dependents. ``(8) The environmental impact on receiving locations. ``(b) Priority Given to Military Value.--In recommending military installations for closure or realignment, the Secretary shall give priority consideration to the first four criteria specified in subsection (a). ``(c) Relation to Other 2005 Round Materials.--The final selection criteria specified in subsection (a) shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005. ``(d) Relation to Criteria for Earlier Rounds.--Section 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.''. (c) Conforming Amendments.--The Defense Base Closure and Realignment Act of 1990 is amended-- (1) in section 2912(c)(1)(A), by striking ``criteria prepared under section 2913'' and inserting ``criteria specified in section 2913''; and (2) in section 2914(a), by striking ``criteria prepared by the Secretary under section 2913'' and inserting ``criteria specified in section 2913''.
2005 BRAC Selection Criteria Act - Amends the Defense Base Closure and Realignment Act of 1990 to add the following to the final criteria to be used by the Secretary of Defense in making recommendations in 2005 for the closure or realignment of military installations inside the United States: (1) the current and future mission requirements and the impact on operational readiness of the total force of the Department of Defense; (2) the availability and condition of land, facilities, infrastructure, and associated air and water space at both existing and potential receiving locations; (3) the ability to accommodate contingency, mobilization, and future total force requirements at both existing and potential receiving locations to support operations, training, maintenance, and repair; and (4) preservation of land, air, and water space, facilities, and infrastructure necessary to support training and operations of military forces determined by the Secretary to be surge (manpower) requirements. Requires the added criteria to be given priority in recommending installations for closure or realignment.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Capital Transportation Amendments Act of 2007''. (b) Findings.--Congress finds as follows: (1) Metro, the public transit system of the Washington metropolitan area, is essential for the continued and effective performance of the functions of the Federal Government, and for the orderly movement of people during major events and times of regional or national emergency. (2) On 3 occasions, Congress has authorized appropriations for the construction and capital improvement needs of the Metrorail system. (3) Additional funding is required to protect these previous Federal investments and ensure the continued functionality and viability of the original 103-mile Metrorail system. SEC. 2. FEDERAL CONTRIBUTION FOR CAPITAL PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT SYSTEM. The National Capital Transportation Act of 1969 (sec. 9-1111.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``authorization of additional federal contribution for capital and preventive maintenance projects ``Sec. 18. (a) Authorization.--Subject to the succeeding provisions of this section, the Secretary of Transportation is authorized to make grants to the Transit Authority, in addition to the contributions authorized under sections 3, 14, and 17, for the purpose of financing in part the capital and preventive maintenance projects included in the Capital Improvement Program approved by the Board of Directors of the Transit Authority. ``(b) Use of Funds.--The Federal grants made pursuant to the authorization under this section shall be subject to the following limitations and conditions: ``(1) The work for which such Federal grants are authorized shall be subject to the provisions of the Compact (consistent with the amendments to the Compact described in subsection (d)). ``(2) Each such Federal grant shall be for 50 percent of the net project cost of the project involved, and shall be provided in cash from sources other than Federal funds or revenues from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact described in subsection (d)(1), any funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital. ``(c) Applicability of Requirements for Mass Transportation Capital Projects Receiving Funds Under Federal Transportation Law.--Except as specifically provided in this section, the use of any amounts appropriated pursuant to the authorization under this section shall be subject to the requirements applicable to capital projects for which funds are provided under chapter 53 of title 49, United States Code, except to the extent that the Secretary of Transportation determines that the requirements are inconsistent with the purposes of this section. ``(d) Amendments to Compact.--No amounts may be provided to the Transit Authority pursuant to the authorization under this section until the Transit Authority notifies the Secretary of Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect: ``(1)(A) An amendment requiring that all payments by the local signatory governments for the Transit Authority for the purpose of matching any Federal funds appropriated in any given year authorized under subsection (a) for the cost of operating and maintaining the adopted regional system are made from amounts derived from dedicated funding sources. ``(B) For purposes of this paragraph, the term `dedicated funding source' means any source of funding which is earmarked or required under State or local law to be used to match Federal appropriations authorized under this Act for payments to the Transit Authority. ``(2) An amendment establishing the Office of the Inspector General of the Transit Authority in accordance with section 3 of the National Capital Transportation Amendments Act of 2007. ``(3) An amendment expanding the Board of Directors of the Transit Authority to include 4 additional Directors appointed by the Administrator of General Services, of whom 2 shall be nonvoting and 2 shall be voting, and requiring one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit Authority. ``(e) Amount.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until expended. ``(f) Availability.--Amounts appropriated pursuant to the authorization under this section-- ``(1) shall remain available until expended; and ``(2) shall be in addition to, and not in lieu of, amounts available to the Transit Authority under chapter 53 of title 49, United States Code, or any other provision of law.''. SEC. 3. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INSPECTOR GENERAL. (a) Establishment of Office.-- (1) In general.--The Washington Metropolitan Area Transit Authority (hereafter referred to as the ``Transit Authority'') shall establish in the Transit Authority the Office of the Inspector General (hereafter in this section referred to as the ``Office''), headed by the Inspector General of the Transit Authority (hereafter in this section referred to as the ``Inspector General''). (2) Definition.--In paragraph (1), the ``Washington Metropolitan Area Transit Authority'' means the Authority established under Article III of the Washington Metropolitan Area Transit Authority Compact (Public Law 89-774). (b) Inspector General.-- (1) Appointment.--The Inspector General shall be appointed by the vote of a majority of the Board of Directors of the Transit Authority, and shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, as well as familiarity or experience with the operation of transit systems. (2) Term of service.--The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) Removal.--The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the members of the Board of Directors of the Transit Authority, and the Board shall communicate the reasons for any such removal to the Governor of Maryland, the Governor of Virginia, the Mayor of the District of Columbia, the chair of the Committee on Government Reform of the House of Representatives, and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Duties.-- (1) Applicability of duties of inspector general of executive branch establishment.--The Inspector General shall carry out the same duties and responsibilities with respect to the Transit Authority as an Inspector General of an establishment carries out with respect to an establishment under section 4 of the Inspector General Act of 1978 (5 U.S.C. App. 4), under the same terms and conditions which apply under such section. (2) Conducting annual audit of financial statements.--The Inspector General shall be responsible for conducting the annual audit of the financial accounts of the Transit Authority, either directly or by contract with an independent external auditor selected by the Inspector General. (3) Reports.-- (A) Semiannual reports to transit authority.--The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 5). For purposes of applying section 5 of such Act to the Inspector General, the Board of Directors of the Transit Authority shall be considered the head of the establishment, except that the Inspector General shall transmit to the General Manager of the Transit Authority a copy of any report submitted to the Board pursuant to this paragraph. (B) Annual reports to local signatory governments and congress.--Not later than January 15 of each year, the Inspector General shall prepare and submit a report summarizing the activities of the Office during the previous year, and shall submit such reports to the Governor of Maryland, the Governor of Virginia, the Mayor of the District of Columbia, the chair of the Committee on Government Reform of the House of Representatives, and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate. (4) Investigations of complaints of employees and members.-- (A) Authority.--The Inspector General may receive and investigate complaints or information from an employee or member of the Transit Authority concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. (B) Nondisclosure.--The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (C) Prohibiting retaliation.--An employee or member of the Transit Authority who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (5) Independence in carrying out duties.--Neither the Board of Directors of the Transit Authority, the General Manager of the Transit Authority, nor any other member or employee of the Transit Authority may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section. (d) Powers.-- (1) In general.--The Inspector General may exercise the same authorities with respect to the Transit Authority as an Inspector General of an establishment may exercise with respect to an establishment under section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), (8), and (9) of such section. (2) Staff.-- (A) Assistant inspector generals and other staff.-- The Inspector General shall appoint and fix the pay of-- (i) an Assistant Inspector General for Audits, who shall be responsible for coordinating the activities of the Inspector General relating to audits; (ii) an Assistant Inspector General for Investigations, who shall be responsible for coordinating the activities of the Inspector General relating to investigations; and (iii) such other personnel as the Inspector General considers appropriate. (B) Independence in appointing staff.--No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section. (C) Applicability of transit system personnel rules.--None of the regulations governing the appointment and pay of employees of the Transit System shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (B). (3) Equipment and supplies.--The General Manager of the Transit Authority shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as may be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein. (e) Transfer of Functions.--To the extent that any office or entity in the Transit Authority prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section. SEC. 4. STUDY AND REPORT BY COMPTROLLER GENERAL. (a) Study.--The Comptroller General shall conduct a study on the use of the funds provided under section 18 of the National Capital Transportation Act of 1969 (as added by this Act). (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the study conducted under subsection (a).
National Capital Transportation Amendments Act of 2007 - Amends the National Capital Transportation Act of 1969 to authorize the Secretary of Transportation to provide additional funding through grants to the Washington Metropolitan Area Transit Authority (WMATA) to finance in part the capital and preventive maintenance projects included in the Capital Improvement Program. Subjects such grants to specified limitations and conditions. Prohibits funding to the WMATA until it notifies the Secretary that certain amendments to the Washington Metropolitan Area Transit Authority Compact have taken effect, including: (1) requiring that all local payments for the cost of operating and maintaining the adopted regional rail system are made from dedicated funding sources (i.e., funding which is earmarked or required under state or local law to be used to match federal appropriations authorized under this Act for payments to the WMATA); (2) establishing the Office of the Inspector General of WMATA; and (3) expanding the WMATA Board of Directors to include four additional Directors appointed by the Administrator of General Services. Authorizes appropriations in increments over ten fiscal years beginning in FY2009. Establishes within WMATA the Office of Inspector General. Requires the Inspector General to make specified reports on Office activities: (1) semiannually, to the WMATA Board of Directors and General Manager who shall transmit reports to the appropriate committees or subcommittees of Congress; and (2) annually, to the Governors of Maryland and Virginia, the Mayor of the District of Columbia, and Congress. Requires the Comptroller General to study and report to Congress on the use of funds provided under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Security Clearance Act of 2014''. SEC. 2. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS. (a) Definitions.--In this section-- (1) the term ``covered individual'' means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; and (2) the term ``periodic reinvestigations'' means investigations conducted for the purpose of updating a previously completed background investigation-- (A) every 5 years in the case of-- (i) eligibility for access to top secret information or access to a highly sensitive program; or (ii) eligibility to hold a special sensitive or critical sensitive position; (B) every 10 years in the case of-- (i) eligibility for access to secret information; or (ii) eligibility to hold a noncritical sensitive position; or (C) every 15 years in the case of eligibility for access to confidential information. (b) Resolution of Backlog of Overdue Periodic Reinvestigations.-- (1) In general.--The Director of National Intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals. (2) Requirements.--The plan developed under paragraph (1) shall-- (A) use a risk-based approach to-- (i) identify high-risk populations; and (ii) prioritize reinvestigations that are due or overdue to be conducted; and (B) use random automated record checks (consistent with the requirements of paragraph (3)) of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. (3) Automated record checks.--An automated record check with respect to a covered individual shall use and examine comprehensive sources of information, including-- (A) publicly available online electronic information regarding such individual, including blogs, microblogs, forums, news Web sites, and picture and video sharing Web sites; (B) publicly available social media data regarding such individual, including pictures, videos, posts, or comments; (C) information relating to criminal or civil legal proceedings applicable to such individual; (D) public news article, press reports, or media clippings which detail relevant security or counterintelligence information; and (E) financial information relating to the covered individual, including the credit worthiness of the covered individual. (c) Enhanced Security Clearance Programs.--Part III of title 5, United States Code, is amended by adding at the end the following: ``Subpart J--Enhanced Personnel Security Programs ``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS ``Sec. ``11001. Enhanced personnel security programs. ``Sec. 11001. Enhanced personnel security programs ``(a) Definitions.--In this section-- ``(1) the term `agency' has the meaning given that term in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341); ``(2) the term `consumer reporting agency' has the meaning given that term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); ``(3) the term `covered individual' means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; ``(4) the term `enhanced personnel security program' means a program implemented by an agency at the direction of the Director of National Intelligence under subsection (b); and ``(5) the term `periodic reinvestigations' means investigations conducted for the purpose of updating a previously completed background investigation-- ``(A) every 5 years in the case of-- ``(i) eligibility for access to top secret information or access to a highly sensitive program; or ``(ii) eligibility to hold a special sensitive or critical sensitive position; ``(B) every 10 years in the case of-- ``(i) eligibility for access to secret information; or ``(ii) eligibility to hold a noncritical sensitive position; or ``(C) every 15 years in the case of eligibility for access to confidential information. ``(b) Enhanced Personnel Security Program.--The Director of National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals-- ``(1) in accordance with this section; and ``(2) not later than the earlier of-- ``(A) the date that is 5 years after the date of enactment of the Enhanced Security Clearance Act of 2014; or ``(B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence. ``(c) Comprehensiveness.-- ``(1) Sources of information.--The enhanced personnel security program of an agency shall integrate relevant information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources as determined by the Director of National Intelligence. ``(2) Types of information.--Information obtained and integrated from sources described in paragraph (1) may include-- ``(A) information relating to any criminal or civil legal proceeding; ``(B) financial information relating to the covered individual, including the credit worthiness of the covered individual; ``(C) public information, including news articles or reports, that includes relevant security or counterintelligence information about the covered individual; ``(D) publicly available electronic information, to include relevant security or counterintelligence information on any social media Web site or forum, blog, microblog, picture or video sharing Web site and other public online content that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, illegal drug use, criminal activity, material falsification, change in ideology, or any other information that may suggest the covered individual lacks good judgment, reliability or trustworthiness; and ``(E) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization. ``(d) Reviews of Covered Individuals.-- ``(1) Reviews.-- ``(A) In general.--The enhanced personnel security program of an agency shall require that, not less than 2 times every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection (c) to ensure the continued eligibility of each covered individual employed or contracted with by the agency, unless more frequent reviews of automated record checks and checks of information from sources under subsection (c) are conducted on the covered individual. ``(B) Scope of reviews.--Except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual, the reviews under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered individual is subject to at least 2 reviews during the 5-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter. ``(C) Individual reviews.--A review of the information relating to the continued eligibility of a covered individual under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date the covered individual receives the notification required under paragraph (3). ``(2) Results.--The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual. ``(3) Information for covered individuals.--The head of an agency shall ensure that each covered individual employed by the agency or a contractor of the agency is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report to the head of the agency. ``(4) Limitation.--Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the covered individual. ``(5) Guidance for minor financial or mental health issues.--The Director of National Intelligence shall issue guidance defining minor financial or mental health issues, in accordance with this section and any direction from the President. ``(6) Authority of the president.--Nothing in this subsection shall be construed as limiting the authority of the President to direct or perpetuate periodic reinvestigations of a more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations. ``(e) Audit.-- ``(1) In general.--Beginning 2 years after the date of implementation of the enhanced personnel security program of an agency under subsection (b), the Inspector General of the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance with performance measures and standards established by the Director of National Intelligence, to covered individuals of the enhanced personnel security program of the agency. ``(2) Submissions to the dni.--The results of each audit conducted under paragraph (1) shall be submitted to the Director of National Intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the Federal Government.''. (d) Technical and Conforming Amendment.--The table of chapters for part III of title 5, United States Code, is amended by adding at the end following: ``Subpart J--Enhanced Personnel Security Programs ``110. Enhanced personnel security programs................ 11001''.
Enhanced Security Clearance Act of 2014 - Requires the Director of National Intelligence (DNI) to implement a plan to eliminate backlogs of overdue periodic reinvestigations of individuals eligible for access to classified information or eligible to hold a sensitive position. Sets forth time intervals within which periodic reinvestigations updating previously completed background investigations are to occur. Requires the DNI to direct specified agencies (executive agencies, military departments, and elements of the intelligence community identified in the Intelligence Reform and Terrorism Prevention Act of 2004) to implement enhanced personnel security programs for security reviews of such individuals. Requires implementation of such programs by the earlier of: (1) five years after enactment of this Act, or (2) the date on which the backlog is eliminated. Requires agency programs to integrate information from government, publicly available, and commercial data sources, consumer reporting agencies, and social media. Permits information obtained from such sources to include: (1) security or counterintelligence information on any public online website that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, illegal drug use, criminal activity, material falsification, change in ideology, or a lack of good judgment, reliability, or trustworthiness; and (2) data maintained on any terrorist or criminal watch list maintained by any agency, state or local government, or international organization. Requires automated record checks at least twice every five years to ensure continued eligibility of individuals employed or contracted with by such agencies. Directs the DNI to issue guidance defining minor financial or mental health issues. Requires inspectors general of such agencies to assess the effectiveness and fairness of agency programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Recovery Act''. SEC. 2. TEMPORARY REINSTATEMENT OF REGULAR INVESTMENT TAX CREDIT. The current year business credit under section 38 of Internal Revenue Code of 1986 shall include the amount that would be determined under section 46(a) of such Code (without regard to paragraphs (2) and (3) of such subsection) (as such Code was in effect before the amendments made by the Revenue Reconciliation Act of 1990 (Public Law 101-508)) with respect to property placed in service after 2008 and before July 1, 2010, if the regular percentage were 15 percent. SEC. 3. TEMPORARY EXTENSION AND MODIFICATION OF SPECIAL ALLOWANCE FOR CERTAIN PROPERTY. (a) Temporary Extension.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2010'' and inserting ``July 1, 2011'', and (B) by striking ``January 1, 2009'' each place it appears and inserting ``July 1, 2010''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2009'' and inserting ``pre-july 1, 2010''. (C) Subparagraph (D) of section 168(k)(4) of such Code is amended-- (i) by striking ``and'' at the end of clause (i), (ii) by redesignating clause (ii) as clause (v), and (iii) by inserting after clause (i) the following new clauses: ``(ii) `April 1, 2008' shall be substituted for `January 1, 2008' in subparagraph (A)(iii)(I) thereof, ``(iii) `January 1, 2009' shall be substituted for `July 1, 2010' each place it appears, ``(iv) `January 1, 2010' shall be substituted for `July 1, 2011' in subparagraph (A)(iv) thereof, and''. (D) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2009'' and inserting ``July 1, 2010''. (b) Expansion to Certain Real Property.-- (1) In general.--Section 168(k)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (III), by inserting ``or'' at the end of subclause (IV), and by inserting after subclause (IV) the following new subclause: ``(V) which is nonresidential real property or residential rental property,''. (2) Conforming amendments.--Sections 1400L(b)(2)(A)(i)(I) and 1400N(d)(2)(A)(i)(I) of such Code are each amended by inserting ``subclause (I), (II), (III), or (IV) of'' before ``section 168(k)(2)(A)(i)''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2008, in taxable years ending after such date. (2) Technical amendment.--Section 168(k)(4)(D)(ii) of the Internal Revenue Code of 1986, as added by subsection (a)(2)(C)(iii), shall apply to taxable years ending after March 31, 2008. SEC. 4. TEMPORARY INCREASE IN LIMITATIONS ON, AND MODIFICATION OF, EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.--Paragraph (7) of section 179(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``, 2009, and 2010'' after ``2008'' in the heading, and (2) by inserting ``, 2009, or 2010'' after ``In the case of any taxable year beginning in 2008''. (b) Expensing Available for All Tangible Depreciable Property.-- Section 179(d)(1) of the Internal Revenue Code of 1986 (defining section 179 property) is amended by inserting ``and'' at the end of subparagraph (A)(ii), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
Main Street Recovery Act - Provides for a 15% investment tax credit through June 30, 2010, for the purchase of business equipment and machinery. Amends the Internal Revenue Code to: (1) extend through June 30, 2010, the additional 50% depreciation allowance (bonus depreciation) for business and investment property; (2) allow such depreciation for nonresidential real property or residential rental property; and (3) extend through 2010 the increased expensing allowance for depreciable business assets and expand the types of depreciable property eligible for expensing.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Foundation Establishment Act Amendments of 2000''. SEC. 2. PURPOSES. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following: ``(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the Department of the Interior and the Department of Commerce to further the conservation and management of fish, wildlife, plants, and other natural resources;''. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Membership.-- ``(1) In general.--The Foundation shall have a governing Board of Directors (referred to in this Act as the `Board'), which shall consist of 25 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen. ``(2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to conservation and management of fish, wildlife, plants, and other natural resources. ``(3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.''. (b) Appointment and Terms.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: ``(b) Appointment and Terms.-- ``(1) Agency heads.--The Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere shall be Directors of the Foundation. ``(2) Appointments by the secretary of the interior.-- ``(A) In general.--Subject to subparagraph (B), after consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 23 Directors who meet the criteria established by subsection (a), of whom-- ``(i) at least 6 shall be educated or experienced in fish, wildlife, or other natural resource conservation; ``(ii) at least 4 shall be educated or experienced in the principles of fish, wildlife, or other natural resource management; and ``(iii) at least 4 shall be educated or experienced in ocean and coastal resource conservation. ``(B) Transition provision.-- ``(i) Continuation of terms.--The 15 Directors serving on the Board as of the date of enactment of this paragraph shall continue to serve until the expiration of their terms. ``(ii) New directors.--The Secretary of the Interior shall appoint 8 new Directors. To the maximum extent practicable, those appointments shall be made not later than 45 calendar days after the date of enactment of this paragraph. ``(3) Terms.-- ``(A) In general.--Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ``(B) Initial appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint-- ``(i) 2 Directors for a term of 2 years; ``(ii) 3 Directors for a term of 4 years; and ``(iii) 3 Directors for a term of 6 years. ``(4) Vacancies.-- ``(A) In general.--The Secretary of the Interior shall fill a vacancy on the Board. To the maximum extent practicable, a vacancy shall be filled not later than 45 calendar days after the occurrence of the vacancy. ``(B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. ``(5) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. ``(6) Request for removal.--The Executive Committee of the Board may submit to the Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board. ``(7) Consultation before removal.--Before removing any Director from the Board, the Secretary shall consult with the Secretary of Commerce.''. (c) Technical Amendments.-- (1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking ``Directors of the Board'' and inserting ``Directors of the Foundation''. (2) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended-- (A) by striking ``Secretary'' and inserting ``Secretary of the Interior or the Secretary of Commerce''; and (B) by inserting ``or the Department of Commerce'' after ``Department of the Interior''. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) Principal Office of the Foundation.--Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after ``the District of Columbia'' the following: ``or in a county in the State of Maryland or Virginia that borders on the District of Columbia''. (b) Investment and Deposit of Federal Funds.--Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended-- (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; ``(4) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; ``(5) to make use of any interest or investment income that accrues as a consequence of actions taken under paragraph (3) or (4) to carry out the purposes of the Foundation; ``(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, plants, and other natural resources on private land;''. (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 60 calendar days after the date of the notification.''. (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) is repealed. (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days after the date of the notification.''. (f) Reconveyance of Real Property.--Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: ``(5) Reconveyance of real property.--The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 60 calendar days after the date of the notification, that-- ``(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and ``(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.''. (g) Expenditures for Printing Services or Capital Equipment.-- Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(h) Expenditures for Printing Services or Capital Equipment.--The Foundation shall not make any expenditure of Federal funds in connection with any 1 transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.''. SEC. 5. FUNDING. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended to read as follows: ``SEC. 10. FUNDING. ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2001 through 2006-- ``(A) $30,000,000 to the Department of the Interior; and ``(B) $10,000,000 to the Department of Commerce. ``(2) Requirement of advance payment.--The amount made available for a fiscal year under paragraph (1), and any other amounts provided to the Foundation for a fiscal year by the Department of Commerce or the Department of the Interior, shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. ``(3) Use of appropriated funds.--Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(4) Prohibition on use for administrative expenses.--No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Additional Authorization.-- ``(1) In general.--In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this Act. ``(2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- ``(1) any expense related to litigation; or ``(2) any activity the purpose of which is to influence legislation pending before Congress.''. SEC. 6. LIMITATION ON AUTHORITY. The National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 11. LIMITATION ON AUTHORITY. ``Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the National Park Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.
(Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere. (Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland or Virginia. Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds. Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment. (Sec. 5) Authorizes appropriations for FY 2001 through 2006 for the Departments of Commerce and the Interior to carry out activities under the Act (conservation or management of fish, wildlife, plants, and other natural resources). Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation and management activities. Sets forth matching funds requirements. Prohibits Foundation grants from being used for litigation expenses or for lobbying Congress. Declares that nothing in this Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Veterans Exposed to Toxic Chemicals Act''. SEC. 2. CENTERS OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO OPEN BURN PITS AND OTHER EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. (a) Establishment.--The Secretary of Defense shall establish within the Department of Defense three centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures to carry out the responsibilities specified in subsection (c). Such centers shall be established using-- (1) the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act; and (2) guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112- 239; 126 Stat. 1692; 10 U.S.C. 1074 note). (b) Selection of Sites.--In selecting sites for the centers of excellence under subsection (a), the Secretary of Defense shall select entities that-- (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to open burn pits and other environmental exposures; (2) have a publication track record of post-deployment health exposures among veterans from Iraq and Afghanistan; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury from Iraq and Afghanistan; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. (c) Partnerships.--The Secretary shall ensure that the centers collaborate to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d). (d) Responsibilities.--The center shall have responsibilities as follows: (1) To implement the comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures. (2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (3) To provide guidance for the health system of the Department in determining the personnel required to provide quality health care for members of the Armed Forces with health conditions relating to exposure to open burn pits and other environmental exposures. (4) To establish, implement, and oversee a comprehensive program to train health professionals of the Department in the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (5) To facilitate advancements in the study of the short- term and long-term effects of exposure to open burn pits and other environmental exposures. (6) To disseminate within the military medical treatment facilities of the Department best practices for training health professionals with respect to health conditions relating to exposure to open burn pits and other environmental exposures. (7) To conduct basic science and translational research on health conditions relating to exposure to open burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. (8) To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (e) Use of Burn Pits Registry Data.--In carrying out its responsibilities under subsection (c), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (f) Definitions.--In this section: (1) The term ``open burn pit'' means an area of land located in Afghanistan or Iraq that-- (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (2) The term ``other environmental exposures'' means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2019.
Helping Veterans Exposed to Toxic Chemicals Act - Directs the Secretary of Defense to establish within the Department of Defense (DOD) three centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures. Requires the Secretary to select for such centers entities that: (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; (2) have a publication track record of post-deployment health exposures among veterans from Iraq and Afghanistan; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury from Iraq and Afghanistan; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. Directs the Secretary to ensure that the centers collaborate with the Secretary of Veterans Affairs (VA), institutions of higher education, and other appropriate public and private entities to carry out specified responsibilities, including to: (1) implement the comprehensive plan and strategy for DOD for the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to such exposure; and (2) provide for dissemination within DOD of best practices for the treatment of such conditions and the training of health professionals. Requires the center to have access to and make use of the data accumulated by the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consular Review Act of 1993''. SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 224 the following new section: ``SEC. 225. BOARD OF VISA APPEALS. ``(a) Establishment.--The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. No more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board. ``(b) Authority and Functions.--The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa and of a nonimmigrant visa or petition and the denial of an application for waiver of one or more grounds of excludability under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer. ``(c) Procedure.--Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that-- ``(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review, ``(2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien, ``(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b), ``(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held, ``(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose, and ``(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation or cancellation. ``(d) Interested Parties.--The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties: ``(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), 203(c), or the petitioner of an immigrant visa petition approved under sections 203(b)(2) and 203(b)(3). ``(2) The petitioner of a nonimmigrant visa petition. ``(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program. ``(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program. ``(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions. ``(e) Limitation.--A review may not be requested under this section more than once in any 24 month period. ``(f) Construction.--This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law. ``(g) Fees.--The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.''. (b) Effective Dates.-- (1) The amendment made by subsection (a) shall take effect 120 days after the date of the enactment of this Act. (2) Proposed regulations with respect to the amendment made by subsection (a) shall be promulgated not later than 30 days after the date of the enactment of this Act. (3) Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by subsection (a)) shall be appointed not later than 120 days after the date of the enactment of this Act. (c) Technical Amendments.-- (1) Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (A) by striking ``except that'' and all that follows up to the period, and (B) by adding: ``An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225,''. (2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is amended by striking the ``except'' and inserting ``including'', (3) The table of contents of such Act is amended by inserting after the item relating to section 224 the following new item: ``Sec. 225. Board of Visa Appeals.''.
Consular Review Act of 1993 - Amends the Immigration and Nationality Act to establish within the Department of State a Board of Visa Appeals to review, and revise if appropriate, consular determinations of alien excludability and visa denial or revocation. Authorizes specified interested parties to act on behalf of an alien seeking Board review.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border States Council Act''. SEC. 2. ESTABLISHMENT OF COUNCIL. (a) Establishment.--There is established a council to be known as the Northern Border States-Canada Trade Council (hereafter in this Act referred to as the ``Council''). (b) Membership.-- (1) Composition.--The Council shall be composed of 24 members consisting of 2 members from each of the following States: (A) Maine. (B) New Hampshire. (C) Vermont. (D) New York. (E) Michigan. (F) Minnesota. (G) Wisconsin. (H) North Dakota. (I) Montana. (J) Idaho. (K) Washington. (L) Alaska. (2) Appointment by state governors.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce (hereafter in this Act referred to as the ``Secretary'') shall appoint two members from each of the States described in paragraph (1) to serve on the Council. The appointments shall be made from a list of nominees submitted by the Governor of each such State. (c) Period of Appointment; Vacancies.--Members shall be appointed for terms that are coterminous with the term of the Governor of the State who nominated the member. Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Council have been appointed, the Council shall hold its first meeting. (e) Meetings.--The Council shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Council shall select a Chairperson and Vice Chairperson from among its members. The Chairperson and Vice Chairperson shall each serve in their respective positions for a period of 2 years, unless such member's term is terminated before the end of the 2-year period. SEC. 3. DUTIES OF THE COUNCIL. (a) In General.--The duties and responsibilities of the Council shall include-- (1) advising the President, the Congress, the United States Trade Representative, the Secretary, and other appropriate Federal and State officials, with respect to-- (A) the development and administration of United States-Canada trade policies, practices, and relations, (B) taxation and regulation of cross-border wholesale and retail trade in goods and services between the United States and Canada, (C) taxation, regulation, and subsidization of agricultural products, energy products, and forest products, and (D) the potential for any United States or Canadian customs or immigration law or policy to result in a barrier to trade between the United States and Canada, (2) monitoring the nature and cause of trade issues and disputes that involve one of the Council-member States and either the Canadian Government or one of the provincial governments of Canada; and (3) if the Council determines that a Council-member State is involved in a trade issue or dispute with the Government of Canada or one of the provincial governments of Canada, making recommendations to the President, the Congress, the United States Trade Representative, and the Secretary concerning how to resolve the issue or dispute. (b) Response to Requests by Certain People.-- (1) In general.--Upon the request of the United States Trade Representative, the Secretary, a Member of Congress who represents a Council-member State, or the Governor of a Council-member State, the Council shall review and comment on-- (A) reports of the Federal Government and reports of a Council-member State government concerning United States-Canada trade, (B) reports of a binational panel or review established pursuant to chapter 19 of the North American Free Trade Agreement concerning the settlement of a dispute between the United States and Canada, (C) reports of an arbitral panel established pursuant to chapter 20 of the North American Free Trade Agreement concerning the settlement of a dispute between the United States and Canada, and (D) reports of a panel or Appellate Body established pursuant to the General Agreement on Tariffs and Trade concerning the settlement of a dispute between the United States and Canada. (2) Determination of scope.--Among other issues, the Council shall determine whether a trade dispute between the United States and Canada is the result of action or inaction on the part of the Federal Government of Canada or a provincial government of Canada. (c) Council-Member State.--For purposes of this section, the term ``Council-member State'' means a State described in section 2(b)(1) which is represented on the Council established under section 2(a). SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of the enactment of this Act and at the end of each 2-year period thereafter, the Council shall submit a report to the President and the Congress which contains a detailed statement of the findings, conclusions, and recommendations of the Council. SEC. 5. POWERS OF THE COUNCIL. (a) Hearings.--The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the provisions of this Act. Notice of Council hearings shall be published in the Federal Register in a timely manner. (b) Information From Federal Agencies.--The Council may secure directly from any Federal department or agency such information as the Council considers necessary to carry out the provisions of this Act. Upon the request of the Chairperson of the Council, the head of such department or agency shall furnish such information to the Council. (c) Postal Services.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Council may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COUNCIL PERSONNEL MATTERS. (a) Members To Serve Without Compensation.--Except as provided in subsection (b), members of the Council shall receive no compensation, allowances, or benefits by reason of service to the Council. (b) Travel Expenses.--The members of the Council 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 Council. (c) Staff.-- (1) In general.--The Chairperson of the Council may, without regard to the civil service laws, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Council to perform its duties. The employment of an executive director shall be subject to confirmation by the Council and the Secretary. (2) Compensation.--The Chairperson of the Council may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Office Space.--The Secretary shall provide office space for Council activities and for Council personnel. SEC. 7. TERMINATION OF THE COUNCIL. The Council shall terminate on the date that is 54 months after the date of the enactment of this Act and shall submit a final report to the President and the Congress under section 4 at least 90 days before such termination. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated from amounts made available by appropriations to the Department of Commerce an amount not to exceed $250,000 for fiscal year 1996 and for each fiscal year thereafter to the Council to carry out the provisions of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
Northern Border States Council Act - Establishes the Northern Border States-Canada Trade Council. Sets forth the duties of the Council, including: (1) advising the President, the Congress, the United States Trade Representative, the Secretary of Commerce, and other appropriate Federal and State officials with respect to the administration of U.S.-Canada trade policies, taxation of trade in goods and services, and customs and immigration matters; (2) monitoring trade issues and disputes that involve one of the Council-member States and either the Canadian Government or one of Canada's provinces; and (3) making recommendations with respect to such disputes. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Service-Disabled Veterans' Small Business Federal Procurement Preference Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) Provide veterans, who sacrificed a portion of their potential life earnings in order to serve the United States, a more effective opportunity to compete in the marketplace by establishing a Government-wide procurement goal for small business concerns owned and controlled by veterans. (2) Establish a presumption that service-disabled veterans and other handicapped individuals are socially disadvantaged for purposes of the Disadvantaged Business Program administered by the Small Business Administration under section 8(a) of the Small Business Act. (3) Simplify and coordinate the Government-wide and agency procurement goals for small business concerns. SEC. 3. PRESUMPTION THAT HANDICAPPED INDIVIDUALS ARE SOCIALLY DISADVANTAGED FOR PURPOSES OF THE BUSINESS DEVELOPMENT PROGRAM. (a) In General.--Section 8(a)(5) of the Small Business Act (15 U.S.C. 637(a)(5)) is amended by adding at the end the following: ``For purposes of this Act, handicapped individuals shall be treated as socially disadvantaged individuals unless the Administrator determines on the basis of credible evidence that such individual is not socially disadvantaged.''. (b) Conforming Amendment.--Section 2(f)(1)(C) of the Small Business Act (15 U.S.C. 631(f)(1)(C)) is amended by striking ``and other minorities'' and inserting ``other minorities, and handicapped individuals''. SEC. 4. INCLUSION OF VETERANS AND HANDICAPPED INDIVIDUALS IN GOVERNMENT-WIDE PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS, REQUIREMENT THAT AGENCY GOALS NOT BE LESS THAN GOVERNMENT-WIDE GOALS, ETC. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended to read as follows: ``(g) Government-Wide and Agency Small Business Procurement Goals.-- ``(1) Establishment by president of government-wide goals.--The President shall annually establish Government-wide goals for procurement contracts awarded to small business concerns and each of the specified subcategories of small business concerns. ``(2) Small business concerns.--The Government-wide goal for participation by small business concerns shall be established at not less than 28 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(3) Small business concerns owned and controlled by veterans.-- ``(A) In general.--The Government-wide goal for participation by small business concerns owned and controlled by veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(B) Service-disabled veterans.--Prime contract and subcontract awards to small business concerns owned and controlled by service-disabled veterans may be counted toward the attainment of the goal established under subparagraph (A) only if such concerns are not certified by the Administration as eligible to receive benefits under section 8(a). ``(4) Qualified hubzone small business concerns.--The Government-wide goal for participation by qualified HUBZone small business concerns shall be established at not less than 2.5 percent of the total value of all prime contract awards for fiscal year 2002, and not less than 3 percent of the total value of all prime contract awards for fiscal year 2003 and each fiscal year thereafter. ``(5) Small business concerns owned and controlled by socially and economically disadvantaged individuals.-- ``(A) In general.--The Government-wide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 10 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(B) Service-disabled veterans.--The Government- wide goal for participation by small business concerns owned and controlled by service-disabled veterans which are certified by the Administration as eligible to receive benefits under section 8(a) shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(C) Handicapped individuals.--The Government-wide goal for participation by small business concerns owned and controlled by handicapped individuals which are certified by the Administration as eligible to receive benefits under section 8(a) shall be established at not less than 2 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(6) Small business concerns owned and controlled by women.--The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(7) Agency goals.-- ``(A) In general.--Each Federal agency shall have annual goals that present, for that agency, the maximum practicable opportunity for small business concerns and each of the specified subcategories of small business concerns to perform prime contracts let by such agency and subcontracts under such prime contracts. ``(B) Not less than government-wide goals.--No Federal agency may have an agency goal under subparagraph (A) which is less than the corresponding Government-wide goal established by the President under paragraph (1). ``(C) Procedure for establishment.--Each year, the Administration and the head of each Federal agency shall jointly establish the goals described in subparagraph (A) for such agency. Whenever the Administration and the head of any Federal agency fail to agree on established goals, the disagreement shall be submitted to the Administrator of the Office of Federal Procurement Policy for final determination. ``(D) Expansion of participation.--For the purpose of establishing goals under this paragraph, the head of each Federal agency shall make consistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency, including participation by small business concerns and each of the specified subcategories of small business concerns. The head of each Federal agency, in attempting to attain such participation, shall consider-- ``(i) contracts awarded as the result of unrestricted competition; and ``(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a).''. SEC. 5. DEFINITIONS. (a) Definitions Relating to Handicapped Individuals.-- (1) In general.--Section 3(f) of the Small Business Act (15 U.S.C. 632(f)) is amended to read as follows: ``(f) Definitions Relating to Small Business Concerns Owned and Controlled by Handicapped Individuals.--For purposes of this Act: ``(1) Small business concern owned and controlled by handicapped individuals.--The term `small business concern owned and controlled by handicapped individuals' means any small business concern-- ``(A) not less than 51 percent of which is owned by one or more handicapped individuals or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more handicapped individuals; ``(B) the management and daily business operations of which are controlled by one or more handicapped individuals or, in the case of a handicapped individual with permanent and severe disability, the spouse or permanent caregiver of such an individual; and ``(C) which is not a small business concern owned and controlled by service-disabled veterans. ``(2) Handicapped individual.--The term `handicapped individual' means an individual-- ``(A) who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable; or ``(B) who is a service-disabled veteran.''. (2) Conforming amendment.--Section 15(c)(1) of the Small Business Act (15 U.S.C. 644(c)(1)) is amended by striking subparagraph (C). (b) Specified Subcategories of Small Business Concerns.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: ``(r) Specified Subcategories of Small Business Concerns.--For purposes of this Act, the term `specified subcategories of small business concerns' means the following subcategories of small business concerns: ``(1) Small business concerns owned and controlled by veterans (including small business concerns owned and controlled by service-disabled veterans only if such concerns are not certified by the Administration as eligible to receive benefits under section 8(a)). ``(2) Qualified HUBZone small business concerns. ``(3) Small business concerns owned and controlled by socially and economically disadvantaged individuals. ``(4) Small business concerns owned and controlled by service-disabled veterans which are certified by the Administration as eligible to receive benefits under section 8(a). ``(5) Small business concerns owned and controlled by handicapped individuals which are certified by the Administration as eligible to receive benefits under section 8(a). ``(6) Small business concerns owned and controlled by women.''. (c) Small Business Concern Owned and Controlled by Socially and Economically Disadvantaged Individuals.--Section 3 of the Small Business Act (15 U.S.C. 632) is further amended by adding at the end the following new subsection: ``(s) Small Business Concern Owned and Controlled by Socially and Economically Disadvantaged Individuals.--For purposes of this Act: ``(1) In general.--The term `small business concern owned and controlled by socially and economically disadvantaged individuals' means a small business concern-- ``(A) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ``(B) whose management and daily business operations are controlled by one or more of such individuals.''. ``(2) Application of definition by persons other than the administration.--Any individual or entity (other than the Administration) shall presume for purposes of carrying out any program that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, other minorities, handicapped individuals, and any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act.''. SEC. 6. UNIFORM APPLICATION OF DEFINITION OF SPECIFIED SUBCATEGORIES OF SMALL BUSINESS CONCERNS. (a) In General.-- (1) Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended-- (A) in the first sentence, by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women,'' and inserting ``and each of the specified subcategories of small business concerns''; and (B) in the second sentence, by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (2) Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended by striking ``, qualified HUBZone'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (3) Section 8(d)(4)(E) of the Small Business Act (15 U.S.C. 637(d)(4)(E)) is amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women,'' and inserting ``and each of the specified subcategories of small business concerns''. (4) Paragraphs (6)(A), (6)(C), (6)(F), and (10)(B) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) are each amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (5) Section 15(h)(1) of the Small Business Act (15 U.S.C. 644(h)(1)) is amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (6) Subparagraphs (A), (D), and (E) of section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2)) are each amended by striking ``, small business concerns owned and controlled by service-disabled veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (7) Section 16(d)(1) of the Small Business Act (15 U.S.C. 645(d)(1)) is amended by striking ```small business concern''' and all that follows through ``women','' and inserting ``small business concern or as any of the specified subcategories of small business concerns''. (8) Section 16(e) of the Small Business Act (15 U.S.C. 645(e)) is amended by striking ```small business concern''' and all that follows through ``women''' and inserting ``small business concern or as any of the specified subcategories of small business concerns''. (b) Application to Contract Clauses.-- (1) In general.--Section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended-- (A) in the first and second sentences of subparagraph (A), by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''; (B) by striking subparagraphs (C), (D), (E), (F), and (G); and (C) by inserting after subparagraph (B) the following new subparagraphs: ``(C) As used in this contract, the terms `small business concern' and `specified subcategories of small business concerns' have the respective meanings given such terms pursuant to section 3 of the Small Business Act and relevant regulations promulgated thereto. ``(D) The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, other minorities, handicapped individuals, and any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ``(E) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern or as any of the specified subcategories of small business concerns.''. (2) Treatment of references to definitions.--Any reference in a law, regulation, or other document of the United States to the meaning or definition given to the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'', ``small business concern owned and controlled by women'', ``small business concern owned and controlled by veterans'', or ``qualified HUBZone small business concern'' in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) (as in effect on the day before the date of the enactment of this Act) shall be treated as a reference to the meaning or definition given such term in section 3 of the Small Business Act (as amended by this Act).
Service-Disabled Veterans' Small Business Federal Procurement Preference Act of 2002 - Amends the Small Business Act to treat handicapped individuals as socially disadvantaged individuals for purposes of programs available to such individuals under such Act, unless the Administrator of the Small Business Administration determines that such an individual is not socially disadvantaged.Increases the Government-wide goal of awarding Federal prime contracts and subcontracts to certain small businesses to 28 (currently 23) percent of all such contracts and subcontracts awarded in a fiscal year. Includes small businesses owned by veterans and handicapped individuals as eligible small businesses. Requires contracts and subcontracts so awarded to small businesses owned and controlled by: (1) veterans to comprise at least three percent of such total; (2) socially and economically disadvantaged individuals to comprise at least ten percent; and (3) women to comprise at least five percent. Requires that, of the ten percent required under (2), at least three percent be awarded to small businesses owned and controlled by service-disabled veterans and two percent be awarded to small businesses owned and controlled by handicapped individuals. Establishes the goal for participation by qualified HUBZone small businesses at no less than 2.5 percent of such total for FY 2002 and three percent for FY 2003 and thereafter.Requires each Federal agency to: (1) have annual goals that present the maximum practicable opportunity for eligible small businesses to perform such contracts and subcontracts; and (2) undertake efforts to annually expand small business participation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount Hood Cooper Spur Land Exchange Clarification Act''. SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION AMENDMENTS. Section 1206(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1018) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``120 acres'' and inserting ``107 acres''; and (B) in subparagraph (E)(ii), by inserting ``improvements,'' after ``buildings,''; and (2) in paragraph (2)-- (A) in subparagraph (D)-- (i) in clause (i), by striking ``As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select'' and inserting ``Not later than 120 days after the date of enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act, the Secretary and Mt. Hood Meadows shall jointly select''; (ii) in clause (ii), in the matter preceding subclause (I), by striking ``An appraisal under clause (i) shall'' and inserting ``Except as provided under clause (iii), an appraisal under clause (i) shall assign a separate value to each tax lot to allow for the equalization of values and''; and (iii) by adding at the end the following: ``(iii) Final appraised value.-- ``(I) In general.--Subject to subclause (II), after the final appraised value of the Federal land and the non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value for a period of up to 3 years, beginning on the date of the approval by the Secretary of the final appraised value. ``(II) Exception.--Subclause (I) shall not apply if the condition of either the Federal land or the non- Federal land referred to in subclause (I) is significantly and substantially altered by fire, windstorm, or other events. ``(iv) Public review.--Before completing the land exchange under this Act, the Secretary shall make available for public review the complete appraisals of the land to be exchanged.''; and (B) by striking subparagraph (G) and inserting the following: ``(G) Required conveyance conditions.--Prior to the exchange of the Federal and non-Federal land-- ``(i) the Secretary and Mt. Hood Meadows may mutually agree for the Secretary to reserve a conservation easement to protect the identified wetland in accordance with applicable law, subject to the requirements that-- ``(I) the conservation easement shall be consistent with the terms of the September 30, 2015, mediation between the Secretary and Mt. Hood Meadows; and ``(II) in order to take effect, the conservation easement shall be finalized not later than 120 days after the date of enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act; and ``(ii) the Secretary shall reserve a 24- foot-wide nonexclusive trail easement at the existing trail locations on the Federal land that retains for the United States existing rights to construct, reconstruct, maintain, and permit nonmotorized use by the public of existing trails subject to the right of the owner of the Federal land-- ``(I) to cross the trails with roads, utilities, and infrastructure facilities; and ``(II) to improve or relocate the trails to accommodate development of the Federal land. ``(H) Equalization of values.-- ``(i) In general.--Notwithstanding subparagraph (A), in addition to or in lieu of monetary compensation, a lesser area of Federal land or non-Federal land may be conveyed if necessary to equalize appraised values of the exchange properties, without limitation, consistent with the requirements of this Act and subject to the approval of the Secretary and Mt. Hood Meadows. ``(ii) Treatment of certain compensation or conveyances as donation.--If, after payment of compensation or adjustment of land area subject to exchange under this Act, the amount by which the appraised value of the land and other property conveyed by Mt. Hood Meadows under subparagraph (A) exceeds the appraised value of the land conveyed by the Secretary under subparagraph (A) shall be considered a donation by Mt. Hood Meadows to the United States.''.
. Mount Hood Cooper Spur Land Exchange Clarification Act (Sec. 2) This bill amends the Omnibus Public Land Management Act of 2009 to revise details of the Cooper Spur-Government Camp land exchange between the United States and Oregon. After the final appraised value of the federal and nonfederal lands is determined and approved by Department of Agriculture (USDA), the USDA shall not be required to reappraise or update that value for a period of up to three years, unless the condition of any of the lands is significantly and substantially altered by fire, windstorm, or other events. The bill revises conveyance conditions regarding reservation of a conservation easement to protect identified wetland, reservation of a nonexclusive trail easement, and equalization of values of the exchange properties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. INVENTORY OF GOVERNMENT PROGRAMS. (a) In General.--Section 1122(a) of title 31, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) Definition of program.--For purposes of this subsection, the term `program' means an organized set of activities by 1 or more agencies directed toward a common purpose or goal.''; (3) in paragraph (2), as so redesignated-- (A) by striking ``In general.--Not later than October 1, 2012, the Office of Management and Budget shall'' and inserting ``Website and program inventory.--The Director of the Office of Management and Budget shall''; (B) by striking subparagraph (C) and inserting the following: ``(C) include on the website-- ``(i) a program inventory that shall identify each program of the Federal Government for which there is more than $1,000,000 in annual budget authority, which shall include-- ``(I) any activity that is commonly referred to as a program by a Federal agency in communications with Congress, including any activity identified as a program in a budget request; ``(II) any activity that is commonly referred to as a program by a Federal agency in communications with the public, including each program for which financial awards are made on a competitive basis; and ``(III) any activity referenced in law as a program after June 30, 2019; and ``(ii) for each program identified in the program inventory, the information required under paragraph (3) or paragraph (4), as applicable.''; (4) in paragraph (3), as so redesignated-- (A) in the matter preceding subparagraph (A), by striking ``Information.--Information for each program described under paragraph (1)'' and inserting ``Information for larger programs.--Information for each program identified in the program inventory required under paragraph (2) for which there is more than $10,000,000 in annual budget authority''; (B) by striking subparagraph (C); (C) by redesignating subparagraph (B) as subparagraph (D); (D) by striking subparagraph (A) and inserting the following: ``(A) an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; ``(B) for each program activity described in subparagraph (A), the amount of funding for the current fiscal year and previous 2 fiscal years; ``(C) an estimate of the amount of funding for the program;''; (E) in subparagraph (D), as so redesignated, by striking ``and'' at the end; and (F) by adding at the end the following: ``(E) an identification of the statutes that authorize the program and any major regulations specific to the program; ``(F) for any program that provides grants or other financial assistance to individuals or entities, for the most recent fiscal year-- ``(i) a description of the individuals served by the program and beneficiaries who received financial assistance under the program, including an estimate of the number of individuals and beneficiaries, to the extent practicable; ``(ii) for each program for which the head of an agency determines it is not practicable to provide an estimate of the number of individuals and beneficiaries served by the program-- ``(I) an explanation of why data regarding the number of such individuals and beneficiaries cannot be provided; and ``(II) a discussion of the measures that could be taken to gather the data required to provide such an estimate; and ``(iii) a description of-- ``(I) the Federal employees who administer the program, including the number of full-time equivalents with a pro rata estimate for full-time equivalents associated with multiple programs; and ``(II) other individuals whose salary is paid in part or full by the Federal Government through a grant, contract, cooperative agreement, or another form of financial award or assistance who administer or assist in any way in administering the program, including the number of full-time equivalents, to the extent practicable; ``(G) links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (including program performance reports required under section 1116) released during the preceding 5 years; and ``(H) to the extent practicable, financial and other information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).''; and (5) by adding at the end the following: ``(4) Information for smaller programs.--Information for each program identified in the program inventory required under paragraph (2) for which there is more than $1,000,000 and not more than $10,000,000 in annual budget authority shall, at a minimum, include-- ``(A) an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; ``(B) for each program activity described in subparagraph (A), the amount of funding for the current fiscal year and previous 2 fiscal years; ``(C) an identification of the statutes that authorize the program and any major regulations specific to the program; ``(D) for any program that provides grants or other financial assistance to individuals or entities, a description of the individuals served by the program and beneficiaries who received financial assistance under the program for the most recent fiscal year; and ``(E) links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (including program performance reports required under section 1116) released during the preceding 5 years. ``(5) Archiving.--After the end of each fiscal year, the Director of the Office of Management and Budget shall archive and preserve the information included in the program inventory required under paragraph (2) relating to that fiscal year.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Office of Management and Budget to carry out this Act and the amendments made by this Act a total of $18,000,000 for the period of fiscal years 2018, 2019, and 2020. SEC. 3. GUIDANCE, IMPLEMENTATION, REPORTING, AND REVIEW. (a) In General.--The Director of the Office of Management and Budget-- (1) not later than June 30, 2018-- (A) shall prescribe initial guidance to implement this Act, and the amendments made by this Act, which shall include ongoing reporting on at least an annual basis; (B) shall issue initial guidance to agencies to identify how the program activities used for reporting under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) are associated with programs identified in the program inventory required under section 1122(a)(2)(C)(i) of title 31, United States Code, as amended by section 2; and (C) may issue initial guidance to agencies to ensure that the programs identified in the program inventory required under section 1122(a)(2)(C)(i) of title 31, United States Code, as amended by section 2, are presented at a similar level of detail across agencies and are not duplicative or overlapping; and (2) may, based on an analysis of the costs of implementation, and after submitting to Congress a notification of the action by the Director-- (A) extend the implementation deadline under subsection (b)-- (i) in 1-year increments; and (ii) by not more than a total of 2 years; and (B) exempt from the requirements under section 1122(a) of title 31, United States Code, an agency that-- (i) is not listed in section 901(b) of title 31, United States Code; and (ii) for the fiscal year during which the exemption is made, has budget authority (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)) of not more than $10,000,000. (b) Implementation.--This Act, and the amendments made by this Act, shall be implemented not later than June 30, 2019. (c) Reporting.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the implementation of this Act and the amendments made by this Act, which shall-- (A) review how the Office of Management and Budget and agencies determined what activities constitute a program (as defined under section 1122 of title 31, United States Code, as amended by this Act) and what activities do not constitute a program; (B) evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this Act, provides useful information for decisionmakers; (C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal involvement in particular areas; and (D) include the recommendations of the Comptroller General, if any, for improving implementation of this Act and the amendments made by this Act. (2) Hearings.--After receipt of the report required under paragraph (1), the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives shall hold hearings to review the findings of the report.
Taxpayers Right-To-Know Act (Sec. 2) This bill requires that the Office of Management and Budget (OMB) website include an inventory that identifies each federal program for which there is more than $1 million in annual budget authority. For programs for which there is more than $1 million but not more than $10 million in annual budget authority (smaller programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated; for each such program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an identification of the statutes that authorize the program and any major regulations specific to the program; a description of the individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; and links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (GAO) released during the preceding five years. For programs for which there is more than $10 million in annual budget authority (larger programs), the inventory must also include specified additional information, including financial information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006. The OMB shall archive and preserve the program inventory. (Sec. 3) The bill requires the OMB to issue initial guidance to assist agencies in identifying how the program activities used in budget or appropriations accounts correspond with programs identified in the program inventory. The OMB may: (1) issue initial guidance to agencies to ensure that programs are presented at a similar level of detail across agencies and are not duplicative; (2) exempt from the requirements of this bill, based on an analysis of the costs of implementation, agencies that are not required to have a chief financial officer and that have not more than $10 million in budget authority; and (3) based on an analysis of the costs of implementation, extend the bill's implementation deadline (June 30, 2019) in one-year increments and by not more than two years. The Government Accountability Office must report to Congress by five years after this bill's enactment regarding its implementation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Accountability Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the overall cost of Federal regulation in the United States has risen to well over $400,000,000,000 per year; (2) this regulatory burden is paid by individual citizens and their families in the form of a ``hidden tax'' because intermediaries have no options that do not pass these expenditures to individuals; (3) the most recent data reveals that the ``hidden tax'' paid by the citizens of this Nation now exceeds $4,100 annually for each household; (4) left unchecked, this ``hidden tax'' will increase by 50 percent between now and the year 2000; and (5) it is in the best interests of the American people to have the Federal Government devise a systematic way to account for the new regulatory costs that taxpayers are forced to absorb and to have this financial burden better controlled. (b) Purpose.--It is the purpose of this Act to establish that each agency shall, as a mandatory requirement for the issuance of-- (1) any proposed regulation-- (A) thoroughly assess and document the anticipated benefits, reasonable alternative approaches, and all foreseeable compliance costs of each approach; and (B) assess, and include in all proposed regulatory actions, a range of possible offsets for the costs; and (2) any final regulation-- (A) have selected the most cost-effective alternative; and (B) for a period of 3 years following enactment, have fully offset all foreseeable costs through revocation or revision of one or more existing regulations. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' has the same meaning given such term in section 3502(1) of title 44, United States Code, excluding those agencies specified in section 3502(10) of title 44, United States Code; and (2) the term ``regulation'' or ``rule'' means any agency statement of general applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the procedure or practice requirements of an agency, but does not include-- (A) administrative actions governed by the provisions of sections 556 and 557 of title 5, United States Code; (B) regulations issued with respect to a military or foreign affairs function of the United States; or (C) regulations related to agency organization, management, or personnel. SEC. 4. MANDATORY REQUIREMENT FOR THE ISSUANCE OF NEW REGULATION. In taking any regulatory action, each agency shall strictly adhere to the following requirements: (1) Administrative regulatory decisions shall be based on substantial evidence on the public record documenting-- (A) the ability of an action to result in specific, reasonably anticipated benefits; (B) all alternative regulatory approaches, including performance-based approaches, that will result in the benefits documented under subparagraph (A); and (C) all foreseeable costs that can reasonably be expected to flow, directly or incidentally, from each approach documented under subparagraph (B). (2) No final regulatory actions may be taken unless the specific benefits resulting from a specific regulatory approach documented under paragraph (1) clearly outweigh the costs documented under paragraph (1). (3) Agencies shall-- (A) for all proposed new regulatory actions that will generate any cost, propose a range of position revisions to, or revocation of, one or more exciting regulations, that can reasonably be expected to fully offset the reasonably anticipated costs of such proposed regulatory action; and (B) fully offset the costs documented under paragraph (1) through revision to, or revocation of, existing Federal regulation. SEC. 5. EXEMPTION. The requirements of section 4(3) shall not apply in the case of regulatory actions for which the President includes in the Federal Register, accompanying the regulatory action, a statement of waiver that fully outlines the reasons and needs for waiving the requirements of section 4(3) because of emergency need for such specific regulatory action and includes a timetable for satisfying the requirements of section 4 at the earliest possible date thereafter. SEC. 6. INDEPENDENT EVALUATION. (a) In General.--Three years following the date of enactment of this Act, the President shall provide for independent evaluation of the regulatory process and the effect of regulations on the different areas of the economy, including-- (1) business startups and viability; (2) employment, including job creation, compensation, and employment of foreign nationals by United States firms; (3) international trade and competitiveness with foreign entities; (4) research and development; (5) impact on State and local governments; and (6) direct Federal spending for enforcement of regulations. (b) Study Focus.--The evaluation required by this section shall also include a study of-- (1) the effect of the regulatory cost cap imposed by this Act; (2) the methodologies used by regulatory agencies to estimate the cost of a rule or regulation; and (3) the use of alternative regulatory approaches described in section 4(1)(B). (c) OMB.--The Office of Management and Budget shall carry out the provisions of this section. (d) Funding.--Notwithstanding section 1346 of title 31, United States Code, the President is authorized to transfer up to $50,000 from the funds available to any agency for administrative purposes to the Office of Management and Budget for the purpose of carrying out this section. SEC. 7. EFFECTIVE DATE; SUNSET PROVISION. (a) Effective Date.--The provisions of this Act shall take effect upon the date of enactment of this Act, except that the effective date for regulations or rules promulgated pursuant to a law enacted after the date that is 2 years before the date of enactment of this Act and not later than the date of enactment of this Act shall be 6 months after the date of enactment of this Act. (b) Sunset.--The requirements of section 4(3) shall cease to have effect on the date that is 3 years following the date of enactment of this Act.
Regulatory Accountability Act of 1993 - Sets forth specific requirements Federal agencies must adhere to in taking any regulatory action. Provides an exemption from certain requirements for regulatory actions for which the President publishes in the Federal Register a statement of waiver that: (1) outlines the reasons for waiving such requirements because of emergency need for such specific regulatory action; and (2) includes a timetable for satisfying remaining requirements as early as possible. Requires the President to provide for independent evaluation of the regulatory process and the effect of regulations on different areas of the economy. Provides funding for such evaluation.
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SECTION 1. SHORT TITLE. This Act may be cited as ``Medicaid/SCHIP Optional Coverage for Young Adults Act of 2003''. SEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG ADULTS UP TO AGE 23. (a) In General.-- (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of the State, who have not attained 20, 21, or 22 years of age, as the State may elect)'' after ``have not attained 19 years of age''. (B) Clause (i) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose'' and inserting ``under the age of 23, or, at the option of the State, under the age of 22, 21, 20, 19, or 18 as the State may elect''. (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C. 1397jj(c)(1)) is amended by inserting after ``19 years of age'' the following: ``(or, at the option of the State and subject to the availability of additional allotments under section 2104(d), 20, 21, 22, or 23 years of age)''. (b) Availability of Enhanced Matching Funds.-- (1) Under medicaid.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in the fourth sentence of subsection (b), by striking ``or subsection (u)(3)'' and inserting ``, (u)(3), or (u)(4)(A)''; and (B) in subsection (u)-- (i) by adding at the end of paragraph (1) the following new subparagraph: ``(C) Only with respect to expenditures described in paragraph (4)(A), if the State is providing for benefits under its State child health plan under title XXI for children under 19 years of age exclusively through benefits under its State plan under this title, the State is also providing under such plan the benefits for individuals over 18 years of age who are eligible for such benefits only because of an election referred to in such paragraph.''; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) For purposes of the fourth sentence of subsection (b) and section 2105(a), the expenditures described in this paragraph are expenditures for medical assistance for individuals who are over 18 (and less than 23) years of age and who are eligible for such medical assistance because of an election by the State under section 1902(l)(1)(D) or clause (i) of section 1905(a).''. (2) Additional allotments for providing coverage of optional young adults.-- (A) In general.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended by inserting after subsection (c) the following: ``(d) Additional Allotments for the Provision of Coverage to Optional Young Adults.-- ``(1) Appropriation; total allotment.--For the purpose of providing additional allotments to States under this title, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2004 through 2007, $200,000,000. ``(2) State and territorial allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (3), of the amount available for the additional allotments under paragraph (1) for a fiscal year, the Secretary shall allot to each State with a State child health plan approved under this title-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), the same proportion as the proportion of the State's allotment under subsection (b) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (b) for such States eligible for an allotment under this paragraph for such fiscal year; and ``(B) in the case of a commonwealth or territory described in subsection (c)(3), the same proportion as the proportion of the commonwealth's or territory's allotment under subsection (c) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (c) for commonwealths and territories eligible for an allotment under this paragraph for such fiscal year. ``(3) Use of additional allotment.--Additional allotments provided under this subsection are not available for amounts expended before October 1, 2003. Such amounts are available for amounts expended on or after such date only for-- ``(A) expenditures described in section 1905(u)(4)(A); and ``(B) child health assistance for individuals who are targeted low-income children and over 18 years of age and who are low-income children only because of an election by the State under section 2110(c)(1).''. (B) Conforming amendments.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by inserting ``subject to subsection (d),'' after ``under this section,''; (ii) in subsection (b)(1), by inserting ``and subsection (d)'' after ``Subject to paragraph (4)''; and (iii) in subsection (c)(1), by inserting ``subject to subsection (d),'' after ``for a fiscal year,''. (c) Effective Date.--The amendments made by this section apply to items and services furnished on or after October 1, 2003, without regard to whether regulations implementing such amendments have been promulgated. SEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS. (a) In General.--The Secretary of Health and Human Services shall provide for grants to small and rural States (as defined by the Secretary) in order to enable such States to implement expansions of eligibility for children and young adults their State medicaid plans under title XIX of the Social Security Act and State child health plans under title XXI of such Act. Such grants shall be available for planning, implementation, and outreach with respect to such expanded eligibility populations. (b) Terms and Conditions.--Grants under this section shall be made available under such terms and conditions, including the approval of a grant application, as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide for grants under this section.
Medicaid/SCHIP Optional Coverage for Young Adults Act of 2003 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to give States the option of providing SCHIP and Medicaid coverage, with an enhanced matching rate, to low-income youth up to age 23. Directs the Secretary to provide for grants to small and rural States in order to enable them to implement expansions of eligibility for children and young adults under SSA titles XIX and XXI.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Intermediary Lending Pilot Program Act of 2009''. SEC. 2. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM. (a) In General.--Section 7 of the Small Business Act is amended by striking subsection (l) and inserting the following: ``(l) Small Business Intermediary Lending Pilot Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible intermediary'-- ``(i) means a private, nonprofit entity that-- ``(I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and ``(II) has not less than 1 year of experience making loans to startup, newly established, or growing small business concerns; and ``(ii) includes-- ``(I) a private, nonprofit community development corporation; ``(II) a consortium of private, nonprofit organizations or nonprofit community development corporations; and ``(III) an agency of or nonprofit entity established by a Native American Tribal Government; and ``(B) the term `Program' means the small business intermediary lending pilot program established under paragraph (2). ``(2) Establishment.--There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns. ``(3) Purposes.--The purposes of the Program are-- ``(A) to assist small business concerns in areas suffering from a lack of credit due to poor economic conditions or changes in the financial market; and ``(B) to establish a loan program under which the Administrator may provide loans to eligible intermediaries to enable the eligible intermediaries to provide loans to startup, newly established, and growing small business concerns for working capital, real estate, or the acquisition of materials, supplies, or equipment. ``(4) Loans to eligible intermediaries.-- ``(A) Application.--Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes-- ``(i) the type of small business concerns to be assisted; ``(ii) the size and range of loans to be made; ``(iii) the interest rate and terms of loans to be made; ``(iv) the geographic area to be served and the economic, poverty, and unemployment characteristics of the area; ``(v) the status of small business concerns in the area to be served and an analysis of the availability of credit; and ``(vi) the qualifications of the applicant to carry out this subsection. ``(B) Loan limits.--No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $3,000,000 during the participation of the eligible intermediary in the Program. ``(C) Loan duration.--Loans made by the Administrator under this subsection shall be for a term of 20 years. ``(D) Applicable interest rates.--Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent. ``(E) Fees; collateral.--The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection. ``(F) Delayed payments.--The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan. ``(G) Maximum participants and amounts.--During each of fiscal years 2010, 2011, and 2012, the Administrator may make loans under the Program-- ``(i) to not more than 20 eligible intermediaries; and ``(ii) in a total amount of not more than $60,000,000. ``(5) Loans to small business concerns.-- ``(A) In general.--The Administrator, through an eligible intermediary, shall make loans to startup, newly established, and growing small business concerns for working capital, real estate, and the acquisition of materials, supplies, furniture, fixtures, and equipment. ``(B) Maximum loan.--An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern. ``(C) Applicable interest rates.--A loan made by an eligible intermediary to a small business concern under this subsection, may have a fixed or a variable interest rate, and shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection. ``(D) Review restrictions.--The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary. ``(6) Termination.--The authority of the Administrator to make loans under the Program shall terminate 3 years after the date of enactment of the Small Business Intermediary Lending Pilot Program Act of 2009.''. (b) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to carry out section 7(l) of the Small Business Act, as amended by subsection (a). (c) Availability of Funds.--Any amounts provided to the Administrator for the purposes of carrying out section 7(l) of the Small Business Act, as amended by subsection (a), shall remain available until expended.
Small Business Intermediary Lending Pilot Program Act of 2009 - Establishes a three-year small business intermediary lending pilot program under which the Administrator of the Small Business Administration (SBA) may make direct loans to eligible nonprofit lending intermediaries for the purpose of making loans of up to $200,000 each to startup, newly-established, and growing small businesses. Authorizes the Administrator, under the program, to make one percent, 20-year loans of up to $3 million to up to 20 lending intermediaries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Freedom Act of 1997''. SEC. 2. FIELD OF MEMBERSHIP OF FEDERAL CREDIT UNIONS. Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking ``Federal credit union membership shall be limited to groups having a common bond'' and inserting ``the membership of any Federal credit union shall be limited to 1 or more groups each of which have (within such group) a common bond''. SEC. 3. REPEAL OF COMMUNITY REINVESTMENT ACT OF 1977. The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is hereby repealed. SEC. 4. REDUCED TAX RATE FOR QUALIFIED COMMUNITY LENDERS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by adding at the end the following new subsection: ``(e) Reduced Tax Rate for Qualified Community Lenders.-- ``(1) In general.--In the case of a qualified community lender, the tax imposed by subsection (a) for any taxable year shall not exceed 15 percent of the excess (if any) of-- ``(A) taxable income for such year, over ``(B) $250,000. ``(2) Qualified community lender.--For purposes of this paragraph, the term `qualified community lender' means an insured depository institution (as defined by section 3(c) of the Federal Deposit Insurance Act) if, as determined at the end of the institution's taxable year-- ``(A) 60 percent of the aggregate outstanding loans made by such institution, its parent, and its affiliates, consist of loans made to borrowers who are-- ``(i) not related persons with respect to such institution, and ``(ii)(I) are residents of the local community in which such institution is chartered, or ``(II) are engaged in a trade or business in such community, but only if such loans are made with respect to such trade or business in such community, ``(B) two-thirds or more of the common stockholders of record of such institution or its parent company are residents of, or engaged in a trade or business in, such community, ``(C) less than 10 percent of all outstanding common stock of such institution or its parent is owned directly or indirectly by persons other than individuals, ``(D) neither the common stock of such institution nor the common stock of its parent is publicly traded on an established securities market, and ``(E) the aggregate assets of such institution, its parent, and its affiliates do not exceed $5,000,000,000. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Affiliate.--The term `affiliate', with respect to any institution, has the meaning given such term by paragraphs (1) and (2) of section 23A(b) of the Federal Reserve Act (determined without regard to section 23A(b)(2)(E) of such Act). ``(B) Parent.-- ``(i) In general.--The term `parent' means, with respect to an institution-- ``(I) any company which has control of such institution, and ``(II) any company which has control of a company described in subclause (I). ``(ii) Company and control.--The terms `company' and `control' have the respective meanings given such terms by section 2 of the Bank Holding Company Act of 1956. ``(C) Related person.--Persons shall be treated as related to each other if the relationship between such persons is described in section 267(b) or 707(b). ``(4) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 1997, the $250,000 amount contained in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $500, such amount shall be rounded to the nearest multiple of $500.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
Financial Freedom Act of 1997 - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group. Repeals the Community Reinvestment Act of 1977. Amends the Internal Revenue Code to reduce the corporate tax rate for qualified community lenders.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Health in the Arctic Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic nation with-- (A) an approximately 700-mile border on the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area that is defined as Arctic by temperature, including the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States-- (A) is known to the indigenous population as Inuvikput, or the ``place where we live''; and (B) is home to an indigenous population that has subsisted for millennia on the abundance of marine mammals, fish, and wildlife, many species of which are unique to the Arctic region. (3) Since 1959, temperatures in the Arctic region of the United States have warmed by 3 to 4 degrees Celsius, a rate of increase more than twice the global average. The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during the summer months in as few as 30 years. (4) These changes are having a significant impact on the communities and ecosystems of the indigenous people of the Arctic, and the marine mammals, fish, and wildlife upon which the indigenous population depends. (5) The negative impacts of climate change include health problems, which are even more exacerbated among indigenous people of the North. (6) Northern people have shorter life expectancy and increased mortality related to suicide and injuries, when compared to populations living in more moderate climates. (7) Among the greatest health disparities affecting Arctic people are higher rates of alcohol abuse, Fetal Alcohol Spectrum Disorder (FASD), diabetes, high blood pressure, injury, and cancer. The FASD prevalence rate among Alaska Native people (4.8) is 3\1/2\ times that for all Alaskans (1.4). (8) Rates of suicide in Alaska are among the highest in the Nation, with the suicide rate among Alaska Native people about 3 times that of non-Native Alaskans and 4 times that of the national average of the United States. (9) Alaska Native children are more than twice as likely to live in poverty than Alaskans of other races, 25.7 percent compared to 10.9 percent. (10) It is unclear why many of these health problems are greater among northern people or whether the health problems are related to toxic influences, socioeconomic status, cultural change, distance from sophisticated medical care, or other factors. (11) More research is necessary into the causes of disparities in rates of particular public health problems in the Arctic and intervention into the prevention and treatment of these problems. SEC. 3. STUDY OF MENTAL, BEHAVIORAL, AND PHYSICAL HEALTH ISSUES IN THE ARCTIC. (a) Study Authorized.--The Arctic Research Commission established under section 103 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102) shall, in collaboration with Federal health agencies, directly or through contract, prepare and submit to Congress a 2-year study to examine the science base, gaps in knowledge, and strategies for the prevention and treatment of mental, behavioral, and physical health problems faced by populations in the Arctic, with a focus on Alaska. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section a total of $1,200,000 for fiscal years 2010 and 2011. SEC. 4. NATIONAL ARCTIC HEALTH SCIENCE POLICY. (a) Updating 1984 Policy.--The Director of the National Institutes of Health shall, in collaboration with other governmental agencies and private and nonprofit entities involved in Arctic health issues, develop a national Arctic health science policy. In developing the policy, the Director shall review and take into consideration the National Arctic Health Science Policy developed by the American Public Health Association Task Force in 1984. (b) Desk for Arctic Health.--Section 401(c) of the Public Health Services Act (42 U.S.C. 281(c)) is amended by adding at the end the following: ``(3) Desk for arctic health.-- ``(A) Establishment.--Within the Division, there is established a Desk for Arctic Health. ``(B) Duties.--The Desk for Arctic Health shall-- ``(i) work with the Interagency Arctic Research Policy Committee established under section 107(b) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4106(b)) to ensure adequate health representation from Federal agencies; ``(ii) collaborate and consult with governmental entities and United States nongovernmental organizations involved in Arctic health issues, including the State of Alaska, University of Alaska, and entities that handle issues regarding the health of the indigenous people of the Arctic; and ``(iii) collaborate with the Canadian Institutes of Health Research on indigenous Arctic people health issues, in accordance with the 2004 agreement between the National Institutes of Health and the Canadian Institutes of Health Research, and with other international entities dealing with pan-Arctic health issues.''. SEC. 5. ARCTIC HEALTH IMPACT ASSESSMENTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399U. ARCTIC HEALTH IMPACT ASSESSMENTS. ``(a) Findings.--Congress finds the following: ``(1) The health impact assessment process can be a valuable tool for better Arctic health by objectively evaluating the potential health benefits and risks of a project or policy before the project or policy is built or put into place. ``(2) Health impact assessments can provide recommendations to increase positive health outcomes and minimize adverse health outcomes. ``(3) A major benefit of the health impact assessment process is that it brings public health issues to the attention of people who make decisions about areas that fall outside traditional public health arenas, such as transportation or land use. ``(b) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a program at the National Center of Environmental Health of the Centers for Disease Control and Prevention to foster advances and help provide technical support in the field of Arctic health impact assessments. ``(c) Definition of Health Impact Assessments.--In this section, the term `health impact assessment' means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.''.
Better Health in the Arctic Act - Directs the Arctic Research Commission, in collaboration with federal health agencies, to prepare and submit to Congress a two-year study to examine the science base, gaps in knowledge, and strategies for the prevention and treatment of mental, behavioral, and physical health problems faced by populations in the Arctic, with a focus on Alaska. Requires the Director of the National Institutes of Health (NIH): (1) in collaboration with other governmental agencies and private and nonprofit entities involved in Arctic health issues, to develop a national Arctic health science policy; and (2) in developing the policy, to review and take into consideration the National Arctic Health Science Policy developed by the American Public Health Association Task Force in 1984. Amends the Public Health Service Act to establish a Desk for Arctic Health within the Office of the Director's Division of Program Coordination, Planning, and Strategic Initiatives, which shall: (1) work with the Interagency Arctic Research Policy Committee to ensure adequate health representation from federal agencies; (2) collaborate and consult with governmental entities and U.S. nongovernmental organizations involved in Arctic health issues; and (3) collaborate with the Canadian Institutes of Health Research on indigenous Arctic people health issues. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish a program at CDC's National Center of Environmental Health to foster advances and help provide technical support in the field of Arctic health impact assessments.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for United States Prisoners of War Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) During World War II, members of the United States Armed Forces held as prisoners of war by Japan were forced to provide labor for Japanese privately owned corporations in functions unrelated to the prosecution of the war. (2) International law, including international conventions relating to the protection of prisoners of war, was violated when these Japanese corporations-- (A) failed to pay wages to captured United States servicemembers for their labor; (B) allowed and promoted torture and mistreatment of captured United States servicemembers; and (C) withheld food and medical treatment from captured United States servicemembers. (3) In the Treaty of Peace with Japan, signed at San Francisco September 8, 1951 (3 UST 3169), the Government of Japan admitted liability for illegal conduct toward the Allied Powers and, in particular, liability for illegal and inhumane conduct toward members of the armed forces of the Allied Powers held as prisoners of war. (4) Despite this admission of liability, Article 14(b) of the Treaty has been construed to waive all private claims by nationals of the United States, including private claims by members of the United States Armed Forces held as prisoners of war by Japan during World War II. (5) Under Article 26 of the Treaty, the government of Japan agreed that if Japan entered into a war claims settlement agreement with a country that is not a party to the Treaty that provides more favorable terms to that country than the terms Japan extended to the parties to the Treaty, then Japan would extend those more favorable terms to each of the parties to the Treaty, including to the United States. (6) Since the entry into force of the Treaty in 1952, the Government of Japan has entered into war claims settlement agreements with countries that are not party to the Treaty that provide more favorable terms than those extended to the parties to the Treaty, such as terms that allow claims by nationals of those countries against Japanese nationals to be pursued without limitation, restriction, or waiver or any type. (7) In accordance with Article 26 of the Treaty, Japan is obligated to extend those same favorable terms to the United States, including to nationals of the United States, who as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. (8) The people of the United States owe a deep and eternal debt to the heroic United States servicemembers held as prisoners of war by Japan for the sacrifices those servicemembers made on behalf of the United States in the days after the ignominious aggression of Japan against the United States at Pearl Harbor, Bataan, and Corregidor. (9) The pursuit of justice by those servicemembers through lawsuits filed in the United States, where otherwise supported by Federal, State, or international law, is consistent with the interests of the United States and should not be preempted by any other provision of law or by the Treaty. (10) Despite repeated requests for disclosure by United States servicemembers, the Department of Veterans Affairs, and Congress, the United States Government has withheld from those servicemembers and their physicians Japanese records that were turned over to the United States and that relate to chemical and biological experiments conducted on United States servicemembers held as prisoners of war by Japan during World War II. SEC. 3. SUITS AGAINST JAPANESE NATIONALS. (a) In General.--In an action brought in a Federal court against a Japanese defendant by a member of the United States Armed Forces who was held as a prisoner of war by Japan during World War II that seeks compensation for mistreatment or failure to pay wages in connection with labor performed by such a member to the benefit of the Japanese defendant during World War II, the court-- (1) shall apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; (2) shall not construe Article 14(b) of the Treaty as constituting a waiver by the United States of claims by nationals of the United States, including claims by members of the United States Armed Forces, so as to preclude the pending action. (b) Sunset.--Paragraph (1) of subsection (a) shall cease to apply at the end of the 10-year period beginning on the date of enactment of this Act. SEC. 4. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF THE TREATY OF PEACE WITH JAPAN. It is the policy of the United States Government to ensure that all terms under any war claims settlement agreement between Japan and any other country that are more favorable than those terms extended to the United States under the Treaty, will be extended to the United States in accordance with Article 26 of the Treaty with respect to claims by nationals of the United States who, as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CERTAIN CHEMICAL AND BIOLOGICAL TESTS CONDUCTED BY JAPAN DURING WORLD WAR II. (a) Availability of Information to the Secretary of Veterans Affairs.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs may request from, and the head of the department or agency so requested shall provide to the Secretary, information relating to chemical or biological tests conducted by Japan on members of the United States Armed Forces held as prisoners of war by Japan during World War II, including any information provided to the United States Government by Japan. (b) Availability of Information to Interested Members of the Armed Forces.--Any information received by the Secretary of Veterans Affairs under subsection (a), with respect to an individual member of the United States Armed Forces held as a prisoner of war by Japan during World War II, may be made available to that individual to the extent otherwise provided by law. SEC. 6. DEFINITIONS. In this Act: (1) Japanese defendant.-- (A) In general.--The term ``Japanese defendant'' means a Japanese national, an entity organized or incorporated under Japanese law, an affiliate of an entity organized or incorporated under Japanese law that is organized or incorporated under the laws of any State, and any predecessor of that entity or affiliate. (B) Limitation.--The term does not include the Government of Japan. (2) State.--The term ``State'' means the several States, the District of Columbia, and any commonwealth, territory or possession of the United States. (3) Treaty.--The term ``Treaty'' mean the Treaty of Peace with Japan, signed at San Francisco on September 8, 1951 (3 UST 3169).
Justice for United States Prisoners of War Act of 2001 - Requires any Federal court in which an action is brought against a Japanese defendant by a member of the U.S. armed forces seeking compensation for mistreatment or failure to pay wages in connection with labor performed in Japan for such national as a prisoner of war during World War II to: (1) apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; and (2) not construe a specified provision of the Treaty of Peace With Japan as a waiver by the United States of such claims.States that it is U.S. policy to ensure that any war claims settlement terms between Japan and any other country that are more favorable than terms extended to the United States under the above Treaty will be extended to the United States with respect to claims under this Act.Authorizes the Secretary of Veterans Affairs to secure information relating to chemical or biological tests conducted by Japan on members of the U.S. armed forces held as prisoners of war during World War II.
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SECTION 1. INDEXING OF CAPITAL ASSETS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) In General.-- ``(1) Indexed basis substituted for adjusted basis.--Except as otherwise provided in this section, if an indexed asset which the taxpayer has held for 1 year or longer is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.--For purposes of this section, the term `indexed asset' means-- ``(1) stock in a corporation, ``(2) bonds, ``(3) tangible property which is property used in the trade or business (as defined in section 1231(b)), ``(4) land held in connection with a trade or business (other than property described in section 1231(b)(1)(B)), and ``(5) the principal residence (within the meaning of section 1034) of the taxpayer. ``(c) Indexed Basis.--For purposes of this section-- ``(1) In general.--The indexed basis of any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the calendar year in which the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the calendar year in which the asset was acquired by the taxpayer (or, if later, for 1986). The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percent. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar year is the implicit price deflator for the gross domestic product for such year (as shown in the first revision thereof). ``(d) Not an Indexed Asset and Holding Period Restarted If Diminished Risk of Loss.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset-- ``(1) such asset shall not be treated as an indexed asset for the period of such reduced risk, and ``(2) for purposes of determining whether the 1-year holding requirement of subsection (a) has been met, the taxpayer shall be treated as first acquiring the asset on the day after the last day of such period. ``(e) Pass-Thru Entities.-- ``(1) Partnerships.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(2) Subchapter s corporations.--In the case of an S corporation, the adjustment under subsection (a) at the corporate level shall be passed through to the shareholders. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Regulated investment companies and real estate investment trusts.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(E) Qualified investment entity.--For purposes of this paragraph, the term `qualified investment entity' means-- ``(i) a regulated investment company (within the meaning of section 851), and ``(ii) a real estate investment trust (within the meaning of section 856). ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Additions to Basis By Means of Improvements or Contributions to Capital.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation, and the aggregate amount of such addition during the taxable year with respect to such property or stock is $10,000 or more, such addition shall be treated as a separate asset acquired at the close of such taxable year. ``(h) Section Cannot Increase Ordinary Loss.--To the extent that (but for this subsection) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(i) Special Rules.-- ``(1) Assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(2) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(3) Acquisition date where prior application of subsection (a)(1) with respect to such asset of taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(4) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Transfers To Increase Indexing Adjustment or Depreciation Allowance.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is-- ``(1) to secure or increase an adjustment under subsection (a), or ``(2) to increase (by reason of an adjustment under subsection (a)) a deduction for depreciation, depletion, or amortization, the Secretary may disallow part or all of such adjustment or increase.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Effective Date.--The amendments made by this section shall apply to dispositions of property after the date of the enactment of this Act. SEC. 2. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) Exclusion.--Gross income shall not include gain from the sale or exchange of property which has been owned and used by the taxpayer as the taxpayer's principal residence. ``(b) Limitation.--The amount of gain excluded under subsection (a) with respect to any sale or exchange shall not exceed $250,000 ($500,000 in the case of a joint return). ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse satisfied the holding and use requirements of subsection (a) with respect to such property then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which has been owned and used by the taxpayer as his principal residence, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of sections 1033 and 1034.--In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to an election under this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and has previously used such property as the taxpayer's principal residence, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(d) Election To Have Section Not Apply.--This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply.'' (b) Clerical and Conforming Amendments.-- (1) Paragraph (3) of section 1033(k) of such Code is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (2) Subparagraph (A) of section 1038(e)(1) of such Code is amended to read as follows: ``(A) section 121 (relating to exclusion of gain from sale or exchange of principal residence) applies, or''. (3) Subparagraph (B) of section 1250(d)(7) of such Code is amended by striking ``age and'' and by striking the parenthetical and inserting the following: ``(relating to exclusion of gain from sale of principal residence)''. (4) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 121 and inserting the following new item: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act.
Amends the Internal Revenue Code to require that an inflation indexed basis rather than an adjusted basis be used to determine gain or loss in the disposition of the following assets held at least one year: (1) corporate stock; (2) bonds; (3) tangible property used in, or land held in connection with, a business or trade; and (4) a principal residence. Replaces the existing one-time "55 years or older" exclusion of $125,000 of gain from the sale of a principal residence with an exclusion of $250,000 ($500,000 in the case of a joint return) from the sale of a principal residence (eliminating age and one-time provisions).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Price Competition Improvement Act of 1999''. SEC. 2. EXTENSION OF TRANSACTION REPORTING TO DEBT SECURITIES. (a) Amendment.--Subsection (d) of section 11A of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(d)) is amended to read as follows: ``(d) Minimum Requirements for Transaction Information on Debt Securities.-- ``(1) Action Required.--The Commission shall adopt such rules and take such other actions under this section as may be necessary or appropriate, having due regard for the public interest, the protection of investors, and the maintenance of fair and orderly markets to assure the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of transaction information, including last sale data, with respect to covered debt securities so that such information is available to all exchange members, brokers, dealers, securities information processors, and all other persons. In determining the rules or other actions to take under this subsection, the Commission shall take into consideration, among other factors, private sector systems for the collection and distribution of transaction information on corporate debt securities. ``(2) Effect on other authority.--Nothing in this subsection limits or otherwise alters the Commission's authority under the other provisions of this section or any other provision of this title. ``(3) Definitions.--For purposes of this subsection: ``(A) Covered debt securities.--The term `covered debt securities' means bonds, debentures, or other debt instruments of an issuer, other than-- ``(i) exempted securities; and ``(ii) securities that the Commission determines by rule to except from the requirements of this subsection. ``(B) Transaction information.--The term `transaction information' means information concerning such price, volume, and yield information associated with a transaction involving the purchase or sale of a covered debt security as may be prescribed by the Commission by rule for purposes of this subsection. ``(C) Factors in definitional rules.--In prescribing rules pursuant to this paragraph, the Commission shall take into consideration the extent to which a security is actively traded, market liquidity, competition, the protection of investors and the public interest, and other relevant factors.''. (b) Conforming Amendment.--Section 11A(a)(3)(A) of such Act is amended by striking ``(which shall be in addition to the National Market Advisory Board established pursuant to subsection (d) of this section)''. (c) Deadline for Action.--The Securities and Exchange Commission shall take action to implement the requirements of section 11A(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(d)), as amended by subsection (a) of this section, within 12 months after the date of enactment of this Act. SEC. 3. EXCHANGE LISTING OF DEBT SECURITIES. Section 12(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(a)) is amended by striking the period at the end thereof and inserting the following: ``, except that a registration is not required to be effective for trading on an exchange of a class of debt securities of an issuer that has another class of securities for which a registration is effective for such exchange. Such a class of debt securities shall, for purposes of any provision of this title or the rules or regulations thereunder, be treated as a class of securities registered under this section upon approval of the listing of such class of debt securities by the exchange.''. SEC. 4. TECHNICAL AMENDMENT. Section 3(a)(12)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(B)) is amended by adding at the end the following new clause: ``(iii) Notwithstanding subparagraph (A)(i) of this paragraph, securities, other than equity securities, that are described in subparagraphs (B) and (C) of paragraph (42) of this subsection shall not be deemed to be exempted securities for purposes of section 11A of this title.''. SEC. 5. STUDIES. (a) Studies Required.--The Comptroller General shall conduct a study of measures needed in the public interest and for the protection of investors to improve the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of information concerning transactions-- (1) in debt securities as to which transaction information is collected but not disseminated pursuant to section 11A(d) of the Securities Exchange Act of 1934, as amended by this Act (15 U.S.C. 78k-1(d)); and (2) in municipal securities (as such term is defined in section 3(a)(29) of such Act (15 U.S.C. 78c(a)(29)). (b) Commission and MSRB Participation.--The Comptroller General shall conduct the study required by subsection (a)(1) in consultation with the Securities and Exchange Commission, and the study required by subsection (a)(2) in consultation with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. (c) Submission of Reports.--The Comptroller General shall submit to the Congress a report on the studies required by subsection (a) within one year after the date of enactment of this Act. Such reports shall include an identification of the measures needed to improve the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of information concerning transactions in the debt securities and municipal securities described in such subsection, including measures requiring legislative or regulatory action. Passed the House of Representatives June 14, 1999. Attest: JEFF TRANDAHL, Clerk.
Bond Price Competition Improvement Act of 1999 - Amends the Securities Exchange Act of 1934 (the Act) to replace requirements regarding the National Market Advisory Board with the requirement that the Securities and Exchange Commission (SEC) adopt rules and take actions to assure prompt, comprehensive public dissemination of transaction information, including last sale date, regarding covered debt securities (i.e., bonds, debentures, or other debt instruments besides exempted securities). Directs the SEC, when determining such actions to consider private sector collection and distribution systems for transaction information on corporate debt securities. Modifies securities' registration requirements to provide that: (1) a registration is not required to be effective for exchange trading of a class of debt securities of an issuer that has another class of securities for which a registration is effective for such exchange; and (2) such class of debt securities shall be treated as registered upon approval of its listing by the exchange. Directs the Comptroller General to study and report to Congress on investor protection measures needed to improve information dissemination and transparency concerning transactions in: (1) debt securities as to which transaction information is collected but not disseminated pursuant to the Act; and (2) municipal securities.
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SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Small Business Tax Fairness and Simplification Act of 2007''. (b) References to Internal Revenue Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Application of cafeteria plan rules, etc., to self-employed individuals. Sec. 3. Long-term care insurance permitted to be offered under cafeteria plans and flexible spending arrangements. Sec. 4. Amortization of certain intangibles acquired from eligible small businesses. Sec. 5. Increase in exclusion of gain from qualified small business stock. Sec. 6. Standard home office deduction. Sec. 7. Qualified small businesses election of taxable year ending in a month from April to November. Sec. 8. Increase in maximum number of S corporation shareholders. Sec. 9. Government contracts with small businesses not subject to tax withholding. SEC. 2. APPLICATION OF CAFETERIA PLAN RULES, ETC., TO SELF-EMPLOYED INDIVIDUALS. (a) In General.--Section 125(d) (defining cafeteria plan) is amended by adding at the end the following new paragraph: ``(3) Employee to include self-employed.-- ``(A) In general.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(B) Limitation.--The amount which may be excluded under subsection (a) with respect to a participant in a cafeteria plan by reason of being an employee under subparagraph (A) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the cafeteria plan is established.'' (b) Application to Benefits Which May Be Provided Under Cafeteria Plan.-- (1) Group-term life insurance.--Section 79 (relating to group-term life insurance provided to employees) is amended by adding at the end the following new subsection: ``(f) Employee Includes Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under the exceptions contained in subsection (a) or (b) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the individual is so treated.'' (2) Accident and health plans.--Section 105(g) is amended to read as follows: ``(g) Employee Includes Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under this section by reason of subsection (b) or (c) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established.'' (3) Contributions by employers to accident and health plans.-- (A) In general.--Section 106 is amended by adding at the end the following new subsection: ``(c) Employer to Include Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under subsection (a) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established.'' (B) Clarification of limitations on other coverage.--The first sentence of section 162(l)(2)(B) is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. LONG-TERM CARE INSURANCE PERMITTED TO BE OFFERED UNDER CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) Cafeteria Plans.--The last sentence of section 125(f) (defining qualified benefits) is amended to read as follows: ``Such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (b) Flexible Spending Arrangements.--Section 106 (relating to contributions by employer to accident and health plans), as amended by section 2, is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. AMORTIZATION OF CERTAIN INTANGIBLES ACQUIRED FROM ELIGIBLE SMALL BUSINESSES. (a) In General.--Section 197 (relating to amortization of goodwill and certain other intangibles) is amended by redesignating subsection (g) as subsection (h) and inserting after subsection (f) the following new subsection: ``(g) Amortization of Intangibles Acquired From Eligible Small Businesses.-- ``(1) In general.--In the case of any qualified amortizable section 197 intangible, subsection (a) shall be applied by substituting `5-year period' for `15-year period'. ``(2) Qualified amortizable section 197 intangible.--For purposes of this subsection, the term `qualified amortizable section 197 intangible' means any amortizable section 197 intangible which is acquired in a transaction (or series of transactions) involving the acquisition of assets constituting a trade or business or substantial portion thereof from an eligible small business (as defined in section 474(c)) after the date of the enactment of this subsection. ``(3) Maximum amount per business.-- ``(A) In general.--The aggregate adjusted basis of qualified amortizable section 197 intangibles of each eligible small business which the taxpayer may amortize under paragraph (1) shall not exceed $5,000,000. ``(B) Allocation of dollar amount.-- ``(i) Controlled group.--For purposes of applying the dollar limitations in subparagraph (A)-- ``(I) all component members of a controlled group shall be treated as one taxpayer, and ``(II) such dollar limitations shall be allocated among the component members of such controlled group in such manner as the Secretary prescribes. For purposes of the preceding sentence, the term `controlled group' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(ii) Partnerships and s corporations.--In the case of a partnership, the dollar limitations in subparagraph (A) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(C) Subsection not to apply to trusts.--This subsection shall not apply to trusts. ``(D) Estates.--The benefit of the special deduction provided by this subsection shall be allowed to estates in the same manner as in the case of an individual. The allowable deduction shall be apportioned between the income beneficiary and the fiduciary in the manner prescribed by the Secretary. Any amount so apportioned to a beneficiary shall be taken into account for purposes of determining the amount allowable as a deduction under this subsection to such beneficiary.''. (b) Effective Date.--The amendment made by this section shall apply to acquisitions of qualified amortizable section 197 intangibles (as defined in section 197(g)(2) of the Internal Revenue Code of 1986, as added by this section) after the date of the enactment of this Act. SEC. 5. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Paragraph (1) of section 1202(a) is amended by striking ``50 percent'' and inserting ``62.5 percent''. (b) Empowerment Zone Businesses.--Subparagraph (A) of section 1202(a)(2) is amended-- (1) by striking ``60 percent'' and inserting ``75 percent'', and (2) by striking ``50 percent'' and inserting ``62.5 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales or exchanges of qualified small business stock in taxable years beginning after the date of the enactment of this Act. SEC. 6. STANDARD HOME OFFICE DEDUCTION. (a) In General.--Subsection (c) of section 280A (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.--Subject to the limitation of paragraph (5), in the case of a use described in paragraph (1), (2), or (4), and in the case of a use described in paragraph (3) where the dwelling unit is used by the taxpayer during the taxable year as a residence, the deductions allowed under this chapter for the taxable year by reason of being attributed to such use shall not be less than $2,500.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. (a) In General.--Part I of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to accounting periods) is amended by inserting after section 444 the following new section: ``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. ``(a) General Rule.--A qualified small business may elect to have a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period (varying from 52 to 53 weeks)). ``(b) Years for Which Election Effective.--An election under subsection (a)-- ``(1) shall be made not later than the due date (including extensions thereof) for filing the return of tax for the first taxable year of the qualified small business, and ``(2) shall be effective for such first taxable year or period and for all succeeding taxable years of such qualified small business until such election is terminated under subsection (c). ``(c) Termination.-- ``(1) In general.--An election under subsection (a) shall be terminated on the earliest of-- ``(A) the first day of the taxable year following the taxable year for which the entity fails to meet the gross receipts test, ``(B) the date on which the entity fails to qualify as an S corporation, or ``(C) the date on which the entity terminates. ``(2) Gross receipts test.--For purposes of paragraph (1), an entity fails to meet the gross receipts test if the entity fails to meet the gross receipts test of section 448(c). ``(3) Effect of termination.--An entity with respect to which an election is terminated under this subsection shall determine its taxable year for subsequent taxable years under any other method that would be permitted under subtitle A. ``(4) Income inclusion and deduction rules for period after termination.--If the termination of an election under paragraph (1)(A) results in a short taxable year-- ``(A) items relating to net profits for the period beginning on the day after its last fiscal year-end and ending on the day before the beginning of the taxable year determined under paragraph (4) shall be includible in income ratably over the succeeding 4 taxable years, or (if fewer) the number of taxable years equal to the fiscal years for which the election under this section was in effect, and ``(B) items relating to net losses for such period shall be deductible in the first taxable year after the taxable year with respect to which the election terminated. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified small business.--The term `qualified small business' means an entity-- ``(A)(i) for which an election under section 1362(a) is in effect for the first taxable year or period of such entity and for all subsequent years, or ``(ii) which is treated as a partnership for the first taxable year or period of such entity for Federal income tax purposes, ``(B) which conducts an active trade or business or which would qualify for an election to amortize start- up expenditures under section 195, and ``(C) which is a start-up business. ``(2) Start-up business.--For purposes of paragraph (1)(C), an entity shall be treated as a start-up business so long as not more than 75 percent of the entity is owned by any person who previously conducted a similar trade or business at any time within the 1-year period ending on the date on which such entity is formed. For purposes of the preceding sentence, a person and any other person bearing a relationship to such person specified in section 267(b) or 707(b)(1) shall be treated as one person, and sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse and the individual's children under the age of 21. ``(3) Required taxable year.--The term `required taxable year' has the meaning given to such term by section 444(e). ``(e) Tiered Structures.--The Secretary shall prescribe rules similar to the rules of section 444(d)(3) to eliminate abuse of this section through the use of tiered structures.''. (b) Conforming Amendment.--Section 444(a)(1) of such Code is amended by striking ``section,'' and inserting ``section and section 444A''. (c) Clerical Amendment.--The table of sections for part I of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 444 the following new item: ``Sec. 444A. Qualified small businesses election of taxable year ending in a month from April to November.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS. (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended by striking ``100'' and inserting ``150''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX WITHHOLDING. (a) In General.--Paragraph (2) of section 3402(t) is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(J) to any specified small business.''. (b) Specified Small Business.--Subsection (t) of section 3402 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Specified small business.--For purposes of this subsection, the term `specified small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year prior to the taxable year in which the payment is received (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 511 of the Tax Increase Prevention and Reconciliation Act of 2005.
Small Business Tax Fairness and Simplification Act of 2007 - Amends the Internal Revenue Code to: (1) allow self-employed individuals to participate in cafeteria pension plans; (2) allow long-term care insurance under cafeteria plans and flexible spending arrangements; (3) allow accelerated amortization of certain intangible assets (e.g., good will) acquired from a small business; (4) increase the tax exclusion of gain from the sale of certain small business stock; (5) provide a $2,500 standard tax deduction for home business expenses; (6) permit certain small businesses to elect a taxable year ending in a month from April to November; (7) increase the allowable number of S corporation shareholders; and (8) exempt certain small businesses from withholding of tax requirements for payments made by government entities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Net Operating Loss (NOL) Carryback Act''. SEC. 2. 5-YEAR CARRYBACK OF OPERATING LOSSES. (a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(H) Carryback for 2008 and 2009 net operating losses.-- ``(i) In general.--In the case of an applicable 2008 or 2009 net operating loss with respect to which the taxpayer has elected the application of this subparagraph-- ``(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 6 for `2', ``(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (I) for `2', and ``(III) subparagraph (F) shall not apply. ``(ii) Applicable 2008 or 2009 net operating loss.--For purposes of this subparagraph, the term `applicable 2008 or 2009 net operating loss' means-- ``(I) the taxpayer's net operating loss for any taxable year ending in 2008 or 2009, or ``(II) if the taxpayer elects to have this subclause apply in lieu of subclause (I), the taxpayer's net operating loss for any taxable year beginning in 2008 or 2009. ``(iii) Election.--Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the net operating loss. Any such election, once made, shall be irrevocable. ``(iv) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have clause (ii)(II) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (b) Alternative Tax Net Operating Loss Deduction.--Subclause (I) of section 56(d)(1)(A)(ii) is amended to read as follows: ``(I) the amount of such deduction attributable to the sum of carrybacks of net operating losses from taxable years ending during 2001, 2002, 2008, or 2009 and carryovers of net operating losses to such taxable years, or''. (c) Loss From Operations of Life Insurance Companies.--Subsection (b) of section 810 is amended by adding at the end the following new paragraph: ``(4) Carryback for 2008 and 2009 losses.-- ``(A) In general.--In the case of an applicable 2008 or 2009 loss from operations with respect to which the taxpayer has elected the application of this paragraph, paragraph (1)(A) shall be applied, at the election of the taxpayer, by substituting `5' or `4' for `3'. ``(B) Applicable 2008 or 2009 loss from operations.--For purposes of this paragraph, the term `applicable 2008 or 2009 loss from operations' means-- ``(i) the taxpayer's loss from operations for any taxable year ending in 2008 or 2009, or ``(ii) if the taxpayer elects to have this clause apply in lieu of clause (i), the taxpayer's loss from operations for any taxable year beginning in 2008 or 2009. ``(C) Election.--Any election under this paragraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the loss from operations. Any such election, once made, shall be irrevocable. ``(D) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have subparagraph (B)(ii) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (d) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. (2) Alternative tax net operating loss deduction.--The amendment made by subsection (b) shall apply to taxable years ending after 1997. (3) Loss from operations of life insurance companies.--The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007. (4) Transitional rule.--In the case of a net operating loss (or, in the case of a life insurance company, a loss from operations) for a taxable year ending before the date of the enactment of this Act-- (A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the applicable date, (B) any election made under section 172(b)(1)(H) or 810(b)(4) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, and (C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. (f) Exception for TARP Recipients.--The amendments made by this section shall not apply to-- (1) any taxpayer if-- (A) the Federal Government acquires, at any time, an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or (B) the Federal Government acquires, at any time, any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to such Act, (2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and (3) any taxpayer which at any time in 2008 or 2009 is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2).
Net Operating Loss (NOL) Carryback Act - Amends the Internal Revenue Code to allow a five-year carryback of net operating losses, including the operating losses of life insurance companies, incurred in 2008 and 2009. Denies such extended loss carryover period to: (1) taxpayers in whom the federal government acquires an equity interest under the Emergency Economic Stabilization Act of 2008; (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) members of certain affiliated groups.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid Pathogen Identification to Delivery of Cures Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds as follows: (1) The possibility exists today that terrorists or others who intend harm to United States forces deployed abroad or to the homeland will use techniques in biotechnology to enhance the transmissibility, stability, virulence, or host range of a biological agent, or to render existing diagnostic, therapeutic, and vaccine strategies or innate immune responses against a biological agent less effective. (2) This possibility will likely grow over time as such techniques develop, improve, and spread as an inevitable result of biotechnology innovation. (3) Natural processes can also lead to the emergence of previously unknown and harmful pathogens or render known pathogens resistant to existing diagnostic, therapeutic, or adaptive immune approaches. (4) Long delays in developing new and effective responses to pathogens are typical. The discovery, development, and approval process for new drugs and vaccines typically requires 10 to 20 years and costs an average of $800 million. These constraints reflect the long, costly research and development process, including the failure of most drug or vaccine candidates to demonstrate favorable characteristics in pre- clinical testing, as well as the expensive, time-consuming clinical trials required to prove the safety and effectiveness of new treatments. (5) Congress has already authorized the abridgement of the long testing and approval process required to ensure safety and efficacy under the emergency conditions of a severe outbreak of a harmful pathogen. However, it will likely still take years for even an experimental treatment or vaccine to become available. (6) There is no coordinated, focused research and development program or overall national strategy to achieve significant and dramatic reductions in the timeframe from the identification of a pathogen to the development and emergency approval for human use of reasonably safe and effective new biodefense medical countermeasures against a previously unknown or engineered pathogen or toxin. (7) Even utilizing existing technologies, there is no organized capability in the public or private sector to rapidly screen drug candidates for potential therapeutic activity against pathogens, develop and manufacture drug, biological, or medical device products, or test already approved treatments for efficacy against a previously unknown or engineered biological threat that puts our deployed armed forces or the homeland at risk. (8) In the area of infectious disease in particular, private sector firms are abandoning all types of innovation and research and development in favor of investments in more profitable medical markets. (9) Tremendous potential exists for benefits to health by concerted, targeted public-private investment to dramatically reduce the timeframe for the development of new countermeasures. The pharmaceutical and biotechnology industries are fundamentally innovative and are quick to integrate new technologies. Useful and important discoveries and technological advances will be rapidly absorbed by the private sector, leading to faster delivery of new medicines and reductions in the costs of drug development. (b) Policy.--The Congress hereby declares it to be the national policy of the United States to promote technological advancements that will dramatically reduce the timeframe for the development of new medical countermeasures to treat or prevent disease caused by infectious disease agents or toxins that, through natural processes or intentional introduction, may pose a significant risk to public health now or in the future. SEC. 3. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL STRATEGY. Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) (Public Law 107-296) is amended by inserting after section 304 the following section: ``SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL STRATEGY. ``(a) National Strategy for Shortening the Medical Countermeasure Development Timeframe.--Not later than 180 days after the date of the enactment of the Rapid Pathogen Identification to Delivery of Cures Act, the Secretaries of Homeland Security, Health and Human Services, and Defense shall submit to Congress a report setting forth a strategy to achieve dramatic reductions in the timeframe from pathogen identification to the development and emergency approval for human use of reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. ``(b) Elements.--The report under subsection (a) shall include the following: ``(1) The identification of the technical impediments to reductions in the timeframe from pathogen identification to priority countermeasure development and approval under emergency conditions. ``(2) The identification of the research, development, and technology needs and clinical research needs to address these impediments. ``(3) The identification of existing research and development efforts in Federal agencies, academia and industry that are addressing the needs identified in subsection (c)(2). ``(4) The identification of facilities, programs and resources that can be utilized to address these research, development, and technology needs and clinical research needs among-- ``(A) Federal agencies; ``(B) colleges and universities; ``(C) not-for-profit institutions; ``(D) industry, including information technology, software, robotics, pharmaceutical and biotechnology companies and their consortia; and ``(E) foreign research and technological institutions. ``(5) A proposal for the establishment of a coordinated and integrated federal program to address these research, development, and technology needs, including-- ``(A) the application of Federal Government resources, including recommendations for the allocation and prioritization of Federal funds; ``(B) interagency management and coordination mechanisms; ``(C) the establishment of partnerships between private corporations and Federal agencies or Federally funded entities; ``(D) information and technology sharing and coordination mechanisms among public, private, academic, not-for-profit, and international institutions; ``(E) the use of incentives to promote private sector participation; and ``(F) the adjustment of Federal regulatory requirements to promote private sector innovation. ``(6) The identification of potential liability concerns stemming from distribution of rapidly-developed priority countermeasures under emergency conditions and a proposal for regulatory or legislative approaches to eliminating these concerns. ``(7) A proposal for managing the transfer of new technologies and associated intellectual property rights. ``(c) Considerations.--In developing the national strategy under subsection (a), the Secretaries shall consider-- ``(1) the research, development, and technology needs and clinical research needs of the entire pathogen identification to priority countermeasures discovery, development, production, and approval process, including-- ``(A) initial identification and characterization of a pathogen or toxin, including the identification of any genetic or other manipulations; ``(B) priority countermeasures discovery; ``(C) pre-clinical testing and evaluation of priority countermeasures; ``(D) safety and efficacy animal testing, including the needs for approval under emergency conditions and accelerated approval of new priority countermeasure under the final rule `New Drug and Biological Drug Products; Evidence Needed to Demonstrate Effectiveness of New Drugs When Human Efficacy Studies Are Not Ethical or Feasible' published in the Federal Register on May 31, 2002 (67 Fed. Reg. 37988); ``(E) safety and efficacy human testing, including mechanisms for the conduct of clinical trials under emergency conditions; ``(F) research-scale and full production-scale manufacturing, including biologics manufacturing sciences; and ``(G) the approval of priority countermeasure under emergency conditions; ``(2) the potential importance of advanced technologies such as automation, computer modeling and simulation, bioinformatics, pharmacogenomics, and bioengineering techniques for manufacturing; ``(3) the availability of sufficient manufacturing capacity for priority countermeasures production to meet potential public demand under emergency conditions; and ``(4) the current state of national and international collaborative research networks and applications to facilitate and encourage the rapid and coordinated development and sharing of laboratory and clinical research planning and results. ``(d) Authority to Contract.--The Secretary of Homeland Security, after consultation with the Secretaries of Health and Human Services and Defense and the working group established under section 319F(a) of the Public Health Service Act, may contract with any one or more for- profit or non-profit firm or institution to conduct the necessary research and analysis needed to complete any one or more of the elements described in subsection (b) of the report required in this section, provided the considerations described in subsection (c) are met. ``(e) Definitions.--In this section: ``(1) The term `emergency conditions' refers to a declaration of emergency under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(2) The term `pathogen identification' means the point in time in which a specific agent that can be reasonably assumed to be the cause of (or has the potential to be the cause of) an infectious disease or toxin-induced syndrome has been identified and partially or wholly characterized scientifically. ``(3) The term `priority countermeasure' has the same meaning given such term in section 319F(h) of the Public Health Service Act. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2005.''. SEC. 4. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS. (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 establish a system for the rapid establishment of clinical research programs to examine the safety and efficacy of new or existing treatments for novel, unknown, or bioengineered pathogens or toxins. The Secretary shall also provide the means for rapid dissemination of results and recommendations to clinicians nationwide. (b) Emergency Fund.--A fund is authorized to be established for use, at the discretion of the Secretary, solely for the support of clinical research as described in subsection (a). SEC. 5. INTERAGENCY WORKING GROUP. Section 319F(a) of the Public Health Service Act, as amended by Public Law 107-188, is amended-- (1) by inserting ``the Secretary of Homeland Security,'' after ``in coordination with the''; (2) by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and (3) by inserting after subparagraph (C) the following subparagraph: ``(D) development of a national strategy to achieve dramatic reductions in the timeframe from the identification of a pathogen to the development and approval for human use under emergency conditions of priority countermeasures against a novel, unknown, or engineered pathogen or toxin;''. SEC. 6. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE DEVELOPMENT. (a) Research.--Section 319F(h)(1) of the Public Health Service Act, as amended by Public Law 107-188, is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following subparagraph: ``(D) the development of a capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin; and''. (b) Research and Development at the Department of Defense.--Section 1601(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) is amended by adding at the end the following: ``The program shall also include research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.''. (c) Research and Development at the Department of Homeland Security.--Title III of the Homeland Security Act of 2002, as amended by section 3 of this Act, is amended by inserting after section 304A the following section: ``SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE DEVELOPMENT. ``The Secretary, in collaboration with the Secretaries of Defense and Health and Human Services, shall carry out a program for research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.''.
Rapid Pathogen Identification to Delivery of Cures Act - Amends the Homeland Security Act of 2002 to require the Secretaries of Homeland Security, Health and Human Services, and Defense to submit a report setting forth a strategy to reduce the time frame from the identification of a pathogen to the development and emergency approval of a safe and effective countermeasure, which should include: (1) technical impediments to reducing this time frame; (2) research, development, and technology needs to address these impediments; (3) existing efforts to address such needs; (4) a proposal to establish a coordinated and integrated Federal program to address such needs; and (5) potential liability concerns stemming from distribution of rapidly developed priority countermeasures. Allows the Secretary of Homeland Security to contract with any firm or institution to conduct research and analysis needed for this report. Requires the Secretary of Health and Human Services to establish a system to rapidly: (1) establish clinical research programs to examine the safety and efficacy of treatments for novel, unknown, or bioengineered pathogens; and (2) disseminate results and recommendations to clinicians. Authorizes establishment of a fund to support such clinical research. Amends the Public Health Service Act to add the Secretary of Homeland Security to the working group on bioterrorism and to require the working group to assist in developing such a strategy. Requires the Secretaries of Health and Human Services, Defense, and Homeland Security to conduct programs to develop the capability to rapidly identify, develop, produce, and approve countermeasures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanomanufacturing Investment Act of 2004''. SEC. 2. NANOMANUFACTURING INVESTMENT PARTNERSHIP. (a) Establishment.--If $250,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors. (b) Purpose.--The Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies. (c) Funding Mechanisms.--The Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies. (d) Return on Investment.-- (1) Requirement.--Each transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution.--Amounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors. (e) Cost Sharing.--Each applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project. (f) Peer Review.--Each application for funding assistance for a project from the Nanomanufacturing Investment Partnership shall be peer reviewed. (g) Administration.--The Secretary of Commerce, based on guidance from the Advisory Board established under section 3 and on the results of peer review under subsection (f), shall make awards of funding under this Act. (h) Progress Reports.--The Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this Act. SEC. 3. ADVISORY BOARD. (a) Establishment.--The Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this Act, including by establishing requirements for progress reports under section 2(h). The Advisory Board shall consist of-- (1) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall-- (A) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (B) collectively amount to 40 percent of the votes on the Advisory Board; and (2) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board. (b) Terms.--Members of the Advisory Board appointed under subsection (a)(2) shall be appointed for 3 year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $750,000,000, to remain available until expended.
Nanomanufacturing Investment Act of 2004 - Directs the Secretary of Commerce to establish: (1) the Nanomanufacturing Investment Partnership, in partnership with private sector investors, if $250 million is made available for such purposes from the private sector within two years after this Act's enactment; and (2) an advisory board. Directs that: (1) the Partnership provide funding for precommercial nanomanufacturing research and development (but not for basic research) projects, through specified funding mechanisms in a manner that advances the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially regarding projects that would not be adequately funded or pursued by the private sector or pursuant to other law, and to increase the commercial application of federally supported research results; and (2) to the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Partnership be provided to startup companies. Authorizes the Partnership to provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacuring technologies. Requires that each transaction through which the Partnership provides such funding provide for the return of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Partnership, and be distributed as specified. Directs that: (1) each applicant for funding assistance be required to provide a portion of the cost; and (2) each application be peer reviewed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Choice Act of 2012''. SEC. 2. PROVISIONAL APPROVAL FOR FAST TRACK PRODUCTS. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(d)) is amended by adding at the end the following: ``(e) Provisional Approval.-- ``(1) Provisional approval for adequately safe fast track products.-- ``(A) In general.--Subject to the requirements of this subsection, if the Secretary determines that a drug that is designated as a fast track product under this section is adequately safe (as such term is defined in paragraph (2)), the Secretary shall grant provisional approval and the drug may be introduced into interstate commerce on or after the date such provisional approval is granted. ``(B) Treatment of provisional approval status.-- The provisional approval of a drug under subparagraph (A) shall be treated in the same manner as approval of a drug under section 505 or section 351 of the Public Health Service Act, except that such provisional approval shall be subject to the requirements of this section, including the following: ``(i) The requirements under paragraph (3), including requirements related to-- ``(I) informed consent; and ``(II) continued pursuit of safety and efficacy data for purposes of gaining approval for such drug under section 505 or section 351 of the Public Health Service Act. ``(ii) The rules under paragraphs (4) and (5) relating to the length of the termination of the provisional approval and withdrawal of a drug subject to provisional approval. ``(C) Request for provisional approval.-- ``(i) In general.--The sponsor of a drug that is designated as a fast track product under this section may request that the Secretary grant provisional approval for such drug under subparagraph (A). ``(ii) Response to request.--Not later than 90 days after receiving such a request, the Secretary shall either-- ``(I) grant provisional approval for the drug under subparagraph (A); or ``(II) provide notice to the sponsor of the drug that such request is denied. ``(2) Adequately safe defined.-- ``(A) In general.--For purposes of this subsection, with respect to a drug, the term `adequately safe' means that-- ``(i) for at least one population, the risk of death or morbidity caused directly by an adverse effect of the drug, as determined in one or more safety studies or through other data that the Secretary determines are sufficient, is unlikely to be greater than the combined direct and secondary risks of death or morbidity, as established in the literature or historical data, of-- ``(I) the disease that such drug is intended to treat; and ``(II) existing therapies (including infection) for such disease; or ``(ii) the drug has had a valid marketing authorization, for a period of at least 4 years, by an authority in a country described in section 802(b)(1)(A), or designated by the Secretary under section 802(b)(1)(B), and data adequate for the approval of such marketing authorization for such drug in such country have been submitted to the Secretary. ``(B) Limitation.--The Secretary may not impose any requirements for purposes of the safety studies or data under subparagraph (A)(i) that are in addition to, or different than, the requirements for studies to establish safety for purposes of Phase 1 or Phase 2, as such terms are described in subsection (a) and (b), respectively, of section 312.21 of title 21, Code of Federal Regulations. ``(3) Requirements.--Provisional approval of a fast track product under this subsection shall be subject to the following requirements: ``(A) Informed consent.-- ``(i) In general.--As a condition of provisional approval under paragraph (1), the sponsor of a drug shall ensure that, before such drug is dispensed to an individual-- ``(I) the individual shall be informed that the drug is subject to provisional approval based on limited safety data and that the efficacy of the drug has not been proven; ``(II) the individual shall be informed of the known risks of the drug and any unknown but reasonably predictable risks of the drug, including, as appropriate, potential risks of death, complications, or injury resulting from use of the drug, and risks related to the potential ineffectiveness of the drug, including progression of the disease that may result in death or morbidity, or the potential for the drug to accelerate or exacerbate the disease process; and ``(III) the individual provides written informed consent acknowledging that individual has been provided with and understands the information under subclauses (I) or (II). ``(ii) Regulations.--The Secretary shall issue regulations on the requirements for informed consent under clause (i). Such regulations shall be similar to the requirements for informed consent for human subjects under subpart B of part 50 of title 21, Code of Federal Regulations, adjusted as appropriate for purposes of this subsection. ``(B) Pursuit of full approval required.--A sponsor of a drug that receives a provisional approval under paragraph (1) shall continue to diligently conduct appropriate studies, after such provisional approval is granted, to-- ``(i) establish that the drug has an effect on a clinical endpoint or on a surrogate endpoint that is reasonably likely to predict clinical benefit; and ``(ii) collect the data necessary to demonstrate that the drug is safe and effective (or, in the case of a biologic, safe and potent) for purpose of obtaining approval for such drug under section 505(c) or section 351 of the Public Health Service Act. ``(C) Promotional materials.--During the period that provisional approval under paragraph (1) applies to a drug, the sponsor of the drug shall submit copies of all promotional materials related to the drug at least 30 days prior to dissemination of the materials. ``(D) Risk evaluation and mitigation strategy.-- ``(i) In general.--Section 505-1 shall apply to a drug subject to provisional approval under this subsection in the same manner that such section applies to a drug approved under section 505 or section 351 of the Public Health Service Act. ``(ii) Rule of construction.--Nothing in this subparagraph shall be construed to limit the Secretary's authority under section 505-1 to determine if a risk evaluation and mitigation strategy is necessary. ``(E) Indication of use.--The provisional approval under paragraph (1) shall only apply to the indication of use for the drug-- ``(i) which is related to the treatment of the condition with respect to which such drug was designated as a fast track product; and ``(ii) for which the drug is demonstrated to be adequately safe. ``(4) Termination of provisional approval.-- ``(A) In general.--In the case of a drug that is not designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the earlier of the following: ``(i) The date that the drug is approved under section 505(c) or section 351 of the Public Health Service Act. ``(ii) At the end of the 5-year period beginning on the date on which provisional approval was granted for such drug, except-- ``(I) if the Secretary determines that the sponsor of the drug is diligently engaging in actions (including conducting clinical trials) for the purpose of seeking approval under section 505(c) or section 351 of the Public Health Service Act (excluding provisional approval under paragraph (1)) and the Secretary determines that the sponsor requires additional time to complete such actions and attain such approval, the Secretary may extend such period for an appropriate length of time to allow the sponsor to complete such actions and attain such approval; or ``(II) if the Secretary determines that the termination of the provisional approval is adverse to protecting or promoting the public health, the Secretary may extend such period for an appropriate length of time to protect or promote the public health. ``(B) Special rule for orphan drugs.--In the case of a drug designated under section 526, the provisional approval of the drug under paragraph (1) shall terminate on the date that the drug is approved under section 505(c) or section 351 of the Public Health Service Act. ``(C) Rule of construction.--For purposes of this paragraph, the phrase `approved under section 505(c) or section 351 of the Public Health Service Act' shall not be construed to include a provisional approval under paragraph (1). ``(5) Withdrawal.-- ``(A) In general.--Subsection (b)(3) shall apply to a drug subject to a provisional approval under this subsection in the same manner as such subsection applies to any fast track product. ``(B) Additional withdrawal authority.--In addition to subparagraph (A), the Secretary may withdraw approval of a fast track product using the expedited procedures applied under subsection (b)(3) if the requirements of paragraph (3)(A) have not been met with respect to the drug. ``(6) Impact on marketing exclusivity.--The rules related to marketing exclusivity under sections 505(c)(3)(E), 505(j)(5)(F), 505A, and 527 shall apply to a drug subject to provisional approval under this subsection in the same manner that such rules apply to drugs approved under section 505 or section 351 of the Public Health Service Act, except that the period of provisional approval under this subsection for a drug shall be an addition to the applicable period of marketing exclusivity for such drug.''. (b) Misbranding for Marketing of Terminated Drug.--Section 502 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: ``(aa) If it is a drug that is introduced or delivered for introduction into interstate commerce after the date of the termination of the provisional approval for such drug under section 506(e), unless, on or before the date such drug is so introduced or delivered, such drug is approved under section 505(c) or section 351 of the Public Health Service Act.''. (c) Conforming Amendments.--The chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is further amended-- (1) in section 502(a), by inserting ``(or an indication subject to a provisional approval under section 506(e))'' after ``an indication approved under section 505 or under section 351(a) of the Public Health Service Act''; (2) in section 506A-- (A) in subsection (a), by inserting ``(or a provisional approval under section 506(e))'' after ``a license under section 351 of the Public Health Service Act''; and (B) by adding at the end the following: ``(e) Special Rule for Drugs Subject to Provisional Approval.--In the case of a drug subject to a provisional approval under section 506(e), any reference to safety and efficacy under this section shall be treated as a reference to adequate safety, as such term is defined for purposes of such section 506(e).''; (3) in section 506B(a), by adding at the end the following: ``(3) Special rule for provisional approval.--A sponsor of a drug that is subject to a provisional approval under section 506(e) shall submit the reports required under this section on the studies conducted on such drug that are described in section 506(e)(3)(B). For purposes of this section, such reports shall be treated as reports on postmarketing studies described in paragraph (1).''; (4) in section 506(a)(2), by inserting ``(or that is subject to a provisional approval under section 506(e))'' after ``505(j)''; and (5) in section 551(b)(1)(A) by inserting ``(or a provisional approval under section 506(e))'' after ``Public Health Service Act''.
Patient Choice Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to authorize provisional approval of fast track products determined by the Secretary of Health and Human Services (HHS) to be adequately safe. Treats provisional approval in the same manner as approval of a drug, except that provisional approval is subject to requirements related to informed consent and continued pursuit of safety and efficacy data for purposes of gaining approval for the drug. Defines the term “adequately safe” to mean that: (1) for at least one population, the risk of death or morbidity caused directly by an adverse effect of the drug is unlikely to be greater than the combined direct and secondary risks of death or morbidity of the disease and existing therapies; or (2) the drug has had a valid marketing authorization for at least four years in specified countries and data adequate for the approval of such marketing authorization has been submitted to the Secretary. Prohibits the Secretary from imposing any requirements for safety studies or data in addition to, or different than, the requirements for studies to establish safety for purposes of Phase 1 (initial introduction of an investigational new drug into humans) or Phase 2 (controlled clinical studies to evaluate the effectiveness of the drug for a particular indication in patients with the disease or condition under study and to determine the common short-term side effects and risks associated with the drug). Applies the provisional approval only to the indication for the drug: (1) which is related to the treatment of the condition with respect to which the drug was designated as a fast track product, and (2) for which the drug is demonstrated to be adequately safety. Prescribes requirements for termination of provisional approval, withdrawal of such approval, and application of market exclusivity to fast-track approval products.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Catch-Up Lost Retirement Savings Act''. SEC. 2. ALLOWANCE OF CATCH-UP PAYMENTS. (a) In General.--Section 219(b)(5) of the Internal Revenue Code of 1986 (relating to deductible amount) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (A) the following new subparagraph: ``(C) Catch-up contributions for certain individuals.-- ``(i) In general.--In the case of an eligible individual who elects to make a qualified retirement contribution in addition to the deductible amount determined under subparagraph (A)-- ``(I) the deductible amount for any taxable year shall be increased by an amount equal to 3 times the applicable amount determined under subparagraph (B) for such taxable year, and ``(II) subparagraph (B) shall not apply. ``(ii) Eligible individual.--For purposes of this subparagraph, the term `eligible individual' means, with respect to any taxable year, any individual who was a qualified participant in a qualified cash or deferred arrangement (as defined in section 401(k)) of an employer described in clause (ii) under which the employer matched at least 50 percent of the employee's contributions to such arrangement with stock of such employer. ``(iii) Employer described.--An employer is described in this clause if, in any taxable year preceding the taxable year described in clause (ii)-- ``(I) such employer (or any controlling corporation of such employer) was a debtor in a case under title 11 of the United States Code, or similar Federal or State law, and ``(II) such employer (or any other person) was subject to an indictment or conviction resulting from business transactions related to such case. ``(iv) Qualified participant.--For purposes of clause (ii), the term `qualified participant' means any eligible individual who was a participant in the cash or deferred arrangement described in clause (i) at least 6 months before the filing of the case described in clause (iii). ``(v) Termination.--This subparagraph shall not apply to taxable years beginning after December 31, 2007.''. (b) Credit Allowed for Catch-Up Contributions.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CERTAIN CATCH-UP IRA CONTRIBUTIONS. ``(a) Allowance of Credit.--In the case of an eligible individual who makes an election under section 219(b)(5)(C) for the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to 50 percent of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the increase in the deductible amount determined under section 219(b)(5)(C). ``(b) Denial of Double Benefit.--No deduction or other credit shall be allowed with respect to any contribution to which a credit is allowed under subsection (a). ``(c) Investment in the Contract.--Notwithstanding any other provision of law, a qualified retirement savings contribution shall not fail to be included in determining the investment in the contract for purposes of section 72 by reason of the credit under this section. ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 2007.''. (c) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Certain catch-up IRA contributions.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.
Catch-Up Lost Retirement Savings Act - Amends the Internal Revenue Code to allow, until December 31, 2007, an individual who participated in a retirement plan under which the employer matched at least 50 percent of the employee's contribution with the employer's stock and whose employer filed for bankruptcy and was subject to a related prosecution resulting from business transactions to make three times the otherwise applicable deductible retirement contributions and to receive a credit for 50 percent for such contributions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Minority Serving Institution Digital and Wireless Technology Opportunity Act''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established within the National Science Foundation an Office of Minority Serving Institution Digital and Wireless Technology to carry out the provisions of this Act. (b) Purpose.--The Office shall-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. ACTIVITIES SUPPORTED. An eligible institution shall use a grant, contract, or cooperative agreement awarded under this Act-- (1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, mathematics, engineering, or technology; (3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; (4) to implement joint projects and consortia to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority businesses; (5) to provide professional development in science, mathematics, engineering, or technology to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; (7) to foster the use of information communications technology to increase scientific, mathematical, engineering, and technology instruction and research; and (8) to develop proposals to be submitted under this Act and to develop strategic plans for information technology investments. SEC. 4. APPLICATION AND REVIEW PROCEDURE. (a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director, in consultation with the advisory council established under subsection (b), shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (b) Advisory Council.--The Director shall establish an advisory council to advise the Director on the best approaches for involving eligible institutions in the activities described in section 3, and for reviewing and evaluating proposals submitted to the program. In selecting the members of the advisory council, the Director may consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council reflects participation by technology and telecommunications institutions, minority businesses, eligible institution communities, Federal agency personnel, and other individuals who are knowledgeable about eligible institutions and technology issues. Any panel assembled to review a proposal submitted to the program shall include members from minority serving institutions. Program review criteria shall include consideration of-- (1) demonstrated need for assistance under this Act; and (2) diversity among the types of institutions receiving assistance under this Act. (c) Data Collection.--An eligible institution that receives a grant, contract, or cooperative agreement under section 2 shall provide the Office with any relevant institutional statistical or demographic data requested by the Office. (d) Information Dissemination.--The Director shall convene an annual meeting of eligible institutions receiving grants, contracts, or cooperative agreements under section 2 for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. SEC. 5. MATCHING REQUIREMENT. The Director may not award a grant, contract, or cooperative agreement to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant, contract, or cooperative agreement awarded by the Director, or $500,000, whichever is the lesser amount. The Director shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. SEC. 6. LIMITATIONS. (a) In General.--An eligible institution that receives a grant, contract, or cooperative agreement under this Act that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this Act until every other eligible institution that has applied for a grant, contract, or cooperative agreement under this Act has received such a grant, contract, or cooperative. (b) Awards Administered by Eligible Institution.--Each grant, contract, or cooperative agreement awarded under this Act shall be made to, and administered by, an eligible institution, even when it is awarded for the implementation of a consortium or joint project. SEC. 7. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this Act shall provide an annual report to the Director on its use of the grant, contract, or cooperative agreement. (b) Evaluation by Director.--The Director, in consultation with the Secretary of Education, shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized by section 3 on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Director, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions. (d) Report to Congress.--The Director shall submit a report to the Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 8. DEFINITIONS. In this Act: (1) Eligible Institution.--The term ``eligible institution'' means an institution that is-- (A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); (B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (F) an institution determined by the Director, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of the fiscal years 2008 through 2012 to carry out this Act.
Max Cleland Minority Serving Institution Digital and Wireless Technology Opportunity Act - Establishes in the Department of Commerce an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. Requires the Secretary of Commerce to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Hydroelectric and Environmental Enhancement Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal multi-purpose dams and reservoirs with hydroelectric generation provide necessary power to respective regions, enhance recreational pursuits and help meet various environmental needs; (2) hydroelectric generation is a renewable resource that plays a significant role in meeting the growing power needs of many communities throughout the Nation; (3) Federal dams along the Savannah River generate electricity for consumers who depend on such power at peak times and provide recreational and environmental benefits to the region; (4) a number of technological advancements have been made at these and other Federal hydropower facilities to provide even greater protections to fish and other aquatic resources; and (5) the value of these and other Federal hydropower facilities can be further enhanced to optimize more hydroelectric generation and environmental protection. SEC. 3. STUDY AND REPORT ON INCREASING ELECTRIC POWER PRODUCTION CAPABILITY OF EXISTING FEDERAL FACILITIES. (a) In General.--The Secretary of the Interior and the Secretary of the Army, in consultation with the Administrator of each Federal power marketing administration, shall conduct a study of the potential for creating or increasing electric power production capability at existing facilities under their administrative jurisdiction. (b) Content.--The study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power. (c) Report.--Each Secretary shall submit to the Congress a report on the findings, conclusions, and recommendations of the study under this section by not later than 12 months after the date of the enactment of this Act. Each Secretary shall include the following in the report: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities the Secretary is currently conducting or considering, or that could be considered, to produce additional hydroelectric power from each identified facility. (3) A summary of action that has already been taken by the Secretary to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce new or additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the Secretary's determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b). (6) A description of actions that are planned, underway, or might reasonably be considered to create or increase hydroelectric power production by replacing turbines. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations the Secretary considers advisable to increase hydroelectric power production from, and reduce costs and improve efficiency at, facilities under the jurisdiction of the Secretary. SEC. 4. STUDY AND IMPLEMENTATION OF INCREASED OPERATIONAL EFFICIENCIES IN HYDROELECTRIC POWER PROJECTS. (a) In General.--The Secretary of the Interior and the Secretary of the Army shall conduct a study of operational methods and water scheduling techniques at all hydroelectric power plants under the administrative jurisdiction of each Secretary that have an electric power production capacity greater than 50 megawatts, to-- (1) determine whether such power plants and associated river systems are operated so as to optimize energy and capacity capabilities; and (2) identify measures that can be taken to improve operational flexibility at such plants to achieve such optimization. (b) Report.--Each Secretary shall submit a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act, including a summary of the determinations and identifications under paragraphs (1) and (2) of subsection (a). Each Secretary shall include in the report the impact of optimized hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (c) Cooperation With Federal Power Marketing Administrations.--Each Secretary shall coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.
Federal Hydroelectric and Environmental Enhancement Act of 2004 - Directs the Secretary of the Interior and the Secretary of the Army to study and report to Congress on: (1) the potential for creating or increasing electric power production capability at facilities under their respective administrative jurisdiction; and (2) operational methods and water scheduling techniques to increase operational efficiencies at certain-sized hydroelectric power plants. Requires each Secretary to coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Safeguard Act''. SEC. 2. SPENDING LIMITATION ON DIRECT SPENDING PROGRAMS. (a) Establishment of Spending Safeguard Limitation.-- (1) In general.--The Director of the Office of Management and Budget shall establish a spending limitation (in this Act referred to as a ``spending safeguard limitation'') with respect to any direct spending program not later than 90 days after any such program is enacted or reauthorized (as the case may be). (2) Determination of spending safeguard limitation.--The spending safeguard limitation established under paragraph (1) for a direct spending program shall be equal to? (A) with respect to any such program within budget function 050 (Defense), 550 (Health), 570 (Medicare), 600 (Income Security), 650 (Social Security), or 700 (Veterans Benefits and Services), 120 percent of the cost of the program; and (B) with respect to any such program within any other budget function, 110 percent of the cost of the program. (3) Determination of cost of program.--For purposes of paragraphs (2) (A) and (B), the cost of the program shall be the estimated six-year cost of the program, as determined by the Director using the scorecards or estimate (as the case may be) applicable to the program under section 4 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933). (b) Spending Safeguard Limitation Scorecards.-- (1) In general.--The Director shall maintain and make publicly available a spending safeguard limitation scorecard displaying the spending level for any direct spending program that is subject to a spending safeguard limitation pursuant to this Act. (2) Monthly costs.--Not later than 7 days after the end of each month beginning after the first full month in which such a direct spending program is operational, the Secretary of the Treasury shall transmit to the Director a report listing the total amount of spending for any direct spending program listed on the scorecard. (3) OMB biannual report.--After the end of any six-month period, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate containing the total level of spending for any such direct spending program and the relation between such level and the spending safeguard limitation applicable to such program. (c) President Budget Submissions.-- (1) Annual.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: ``(40) a report on the total level of spending for any direct spending program subject to a spending safeguard limitation pursuant to the Spending Safeguard Act, and the relation between such level and the spending safeguard limitation applicable to such program.''. (2) Mid-session.--Section 1106(a)(1)(C) of such title is amended by striking ``section 1105(a)(8) and (9)(B) and (C)'' and inserting ``section 1105(a)(8), (9) (B) and (C), and (40)''. (d) Procedures in Case of Breach.-- (1) Spending limitation breach report.--If the Director determines, using the reports submitted under subsection (b)(2), that a direct spending program listed on the scorecard established under subsection (b) will reach the applicable spending safeguard limitation within six months, the Director shall transmit, not later than 15 days after the date of such determination, a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program. (2) Obligation limitation.--If the Director determines, using the reports submitted under subsection (b)(2), that such a direct spending program has reached the applicable spending safeguard limitation? (A) effective 30 days after such determination, no funds may be obligated to carry out such program; and (B) on the date of such determination, the Director shall submit a report to the Committees on the Budget of the House of Representatives and the Senate and the committees that have jurisdiction over the program that such an obligation limitation has been imposed. (e) Agency Procedures.--Any Federal agency implementing a direct spending program listed on the scorecard established under subsection (b) shall ensure that any contract, offer of benefits, or other material provided to the program participants includes information specifying that the program is subject to a spending safeguard limitation that may impact future availability of funds to pay benefits. (f) Definitions.--In this Act? (1) the term ``Director'' means the Director of the Office of Management and Budget; (2) the term ``direct spending'' has the meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)); and (3) the term ``direct spending program'' means any Federal program funded by direct spending that? (A) is enacted or reauthorized after the date of enactment of this Act; and (B) does not have, in statute, a specific level (expressed as a dollar amount) of authorization of appropriations. (g) Prohibition on New Authorization of Funding.--No additional funds are authorized to be appropriated to carry out this Act.
Spending Safeguard Act This bill requires the Office of Management and Budget (OMB) to establish spending limits for direct spending programs that: (1) are enacted or reauthorized after enactment of this bill, and (2) do not have a specific level of authorized spending expressed as a dollar amount. The spending limits must be equal to: (1) 120% of the cost of the program for defense, health, Medicare, income security, Social Security, and veterans benefits and services programs; and (2) 110% of the cost for any other program. The OMB must maintain a publicly available scorecard that displays the spending level for any program that is subject to the limits. The OMB and the President must submit specified reports to Congress comparing current spending to the limits. The bill prohibits obligations for programs that have reached the applicable spending limit. Agencies implementing programs listed on the OMB's scorecard must ensure that any contract, offer of benefits, or other material provided to program participants specifies that the program is subject to a spending limit that may impact future availability of funds to pay benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver's Privacy Protection Act of 1993''. SEC. 2. PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION BY STATES. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 121 the following: ``CHAPTER 123--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION BY STATES ``Sec. ``2721. Prohibition on release of certain personal information by States. ``2722. Additional unlawful acts. ``2723. Penalties and remedies. ``2724. Effect on State and local law. ``2725. Definitions. ``Sec. 2721. Prohibition on release of certain personal information by States ``(a) In General.--It shall be unlawful for any person or other entity to disclose personal information derived from an individual's motor vehicle records to any other person or entity, other than to the individual, except as permitted under this chapter. ``(b) Exceptions.--Personal information referred to in subsection (a) of this section may be disclosed for any of the following uses: ``(1) For use by any Federal or State court in carrying out its functions. ``(2) For use by any Federal or State agency in carrying out its functions. ``(3) For use in connection with matters of automobile and driver safety, including manufacturers of motor vehicles conducting a recall of motor vehicles. ``(4) For use in the normal course of business by a legitimate business (including an insurer or insurance support organization) or its agents or employees or contractors, but only-- ``(A) to verify the accuracy of personal information submitted by the individual to the business; and ``(B) if such information as so submitted was not correct, to obtain the correct information, but only for the purpose of pursuing remedies against an individual who provided false information or presented a check or similar item that was not honored. ``(5) For use in any civil or criminal proceeding in any Federal or State court. ``(6) For use in research activities, if the motor vehicle department determines that such personal information will not be used to solicit the individual and that the individual is not identified or associated with the requested information. ``(7) For use in marketing activities, if the motor vehicle department-- ``(A) has provided in a clear and conspicuous manner to the individual an opportunity to prohibit such disclosure; ``(B) has received assurances that the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and ``(C) has received assurances that each entity that sells or uses the information so obtained keeps complete records identifying each purpose for which the information is used and each organization that receives the information. ``(8) For purposes of reselling the personal information for a permissible use under paragraph (7) of this subsection, but only if each person or other entity that sells or uses the information so obtained keeps complete records identifying-- ``(A) each purpose for which the information is used; and ``(B) each person or other entity that receives the information. ``(9) For use by any insurer or insurance support organization, or its employees, agents, and contractors, but only in connection with claims investigation activities or antifraud activities. ``(c) Waiver Procedures.--(1) Each State shall establish and carry out procedures under which-- ``(A) an individual to whom the information pertains may authorize the agency to disclose such information; and ``(B) any motor vehicle department of the State may enter into an agreement with any business (including an insurer or insurance support organization) or its agents, employees, or contractors, based upon a certification that the business has obtained or will have obtained consent from the individual to whom the information pertains, to obtain requested personal information from such department. ``(2) Any State department of motor vehicles, upon receiving a request for personal information referred to in subsection (a) of this section, other than for a use referred to in subsection (b) of this section, shall, if such request is not accompanied by a waiver in accordance with paragraph (1) of this subsection, mail, within 10 days following the receipt of such request, a copy of that request to the individual concerning whom the personal information was requested informing such individual of the request, together with a statement to the effect that such information will not be released unless the individual waives such individual's right to confidentiality under this section. ``Sec. 2722. Additional unlawful acts ``(a) Procurement for Unlawful Purpose.--It shall be unlawful for any person knowingly to obtain or use personal information, derived from a motor vehicle record, for any purpose not described in section 2721(b) of this title. ``(b) False Representations; Unlawful Distribution.--It shall be unlawful for any person to make any false representation to obtain or use any personal information derived from an individual's motor vehicle record. ``Sec. 2723. Penalties and remedies ``(a) Willful Violations by Non-Governmental Entities.--Any person or other entity (other than a State or agency thereof) that willfully violates this chapter shall be fined under this title or imprisoned not more than 1 year, or both. ``(b) Nonwillful Violations by Non-Governmental Entities.-- Any person or other entity (other than a State or agency thereof) that violates this chapter shall be subject to a civil penalty in an amount not to exceed $5,000. ``(c) Violation by Governmental Entities.--If a State or agency thereof willfully violates this chapter, the State shall be subject to a civil penalty in the amount of $10,000. Each day of continued noncompliance by the State shall constitute a separate violation. ``Sec. 2724. Effect on State and local law ``A State or local government may prohibit conduct that is permitted in the exceptions set forth in section 2721(b) of this title. ``Sec. 2725. Definitions ``As used in this chapter-- ``(1) the term `personal information' means an individual's name, address, telephone number, social security number, driver's identification number, medical and disability information, photograph, or other information that identifies a particular individual; ``(2) the term `State' includes the District of Columbia, Puerto Rico, and any other possession or territory of the United States; and ``(3) the term `motor vehicle record information' means-- ``(A) information about who is licensed to drive vehicles on the public highways, including any personal information about the licensed driver that is maintained as part of, or is associated with, a listing of who is so licensed; ``(B) registration information about a motor vehicle; and ``(C) information about violations of traffic laws and similar information kept about a licensed driver in connection with the operations of a governmental authority that controls such licensing.''. (B) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 121 the following new item: ``123. Prohibition on Release of Certain Personal 2721''. Information by States.
Driver's Privacy Protection Act of 1993 - Amends the Federal criminal code to prohibit disclosure of personal information derived from an individual's motor vehicle records to anyone other than that individual. Makes exceptions for use: (1) by any Federal or State court or agency in carrying out its functions; (2) in connection with matters of automobile and driver safety; (3) in the normal course of business by a legitimate business, in research activities, and in marketing activities (subject to specified limitations); (4) in any civil or criminal proceeding in any Federal or State court; and (5) by any insurer in connection with claims investigation or antifraud activities. Permits reselling the personal information for a permissible use under specified circumstances. Requires each State to establish and carry out procedures under which: (1) an individual to whom the information pertains may authorize its disclosure; and (2) a State motor vehicle department may enter into an agreement with any business based upon a certification that the business has consent from the individual to obtain the requested personal information. Prohibits: (1) knowingly obtaining or using personal information, derived from a motor vehicle record, for any impermissible purpose; and (2) making a false representation to obtain or use any such information. Sets penalties and remedies for willful and nonwillful violations by non-governmental entities and by governmental entities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Major Medical Facilities Construction Act of 2002''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Seismic corrections at the Department of Veterans Affairs Medical Center, Palo Alto, California, as follows: (A) Building Number 2, $14,020,000. (B) Building Number 4, $21,750,000. (2) Seismic correction at the Department of Veterans Affairs Medical Center, San Francisco, California, $31,000,000. (3) Seismic correction at the Department of Veterans Affairs Medical Center, West Los Angeles, California, $27,200,000. (4) Seismic correction and clinical improvement at the Department of Veterans Affairs Medical Center, Long Beach, California, $24,600,000. (5) Seismic correction for Building Number 1 at the Department of Veterans Affairs Medical Center, San Diego, California, $47,100,000. (6) Ambulatory Surgery and Clinical Consolidation at the Department of Veterans Affairs Medical Center, Cleveland, Ohio, $32,500,000. (7) Consolidation of Department of Veterans Affairs and Department of Defense health and benefits offices, Anchorage Alaska, $59,000,000. (8) Ward Renovation at the Department of Veterans Affairs Medical Center, West Haven, Connecticut, $15,300,000. (9) Ambulatory Care Expansion at the Department of Veterans Affairs Medical Center, Tampa, Florida, $18,230,000. SEC. 3. AUTHORIZATION OF A MAJOR MEDICAL FACILITY LEASE. The Secretary of Veterans Affairs may enter into a lease for a Satellite Outpatient Clinic, Charlotte, North Carolina, in an amount not to exceed $2,626,000. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2003-- (1) for the Construction, Major Projects, account $285,000,000 for the projects authorized in section 2; and (2) for the Medical Care account, $2,626,000 for the lease authorized in section 3. (b) Limitation.--The projects authorized in section 2 may only be carried out using-- (1) funds appropriated for fiscal year 2003 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2003 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2003 for a category of activity not specific to a project. SEC. 5. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS. (a) Increase in Threshold.--Section 8104(a)(3)(A) of title 38, United States Code, is amended by striking ``$4,000,000'' and inserting ``$6,000,000''. (b) Applicability to Projects Already Funded.--The amendment made by subsection (a) shall apply with respect to any facility project of the Department of Veterans Affairs, except for a project for which the Secretary obligated funds before October 1, 2002. SEC. 6. CRITERIA FOR MINOR CONSTRUCTION PROJECTS. Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) Purpose of Minor Construction Projects.--In selecting medical facilities (including research facilities) for projects under subsection (a) other than major medical facility projects subject to section 8104 of this title, the Secretary shall, to the extent practicable, select projects to improve, replace, renovate, or update facilities to achieve one or more of the following: ``(1) Seismic protection improvements related to patient safety (or, in the case of a research facility, patient or employee safety). ``(2) Fire safety improvements. ``(3) Improvements to utility systems and ancillary patient care facilities (including such systems and facilities that may be exclusively associated with research facilities). ``(4) Improved accommodation for persons with disabilities, including barrier-free access. ``(5) Improvements at patient care facilities to specialized programs of the Department, including the following: ``(A) Blind rehabilitation centers. ``(B) Inpatient and residential programs for seriously mentally ill veterans, including mental illness research, education, and clinical centers. ``(C) Residential and rehabilitation programs for veterans with substance-use disorders. ``(D) Physical medicine and rehabilitation activities. ``(E) Long-term care, including geriatric research, education, and clinical centers, adult day care centers, and nursing home care facilities. ``(F) Amputation care, including facilities for prosthetics, orthotics programs, and sensory aids. ``(G) Spinal cord injury centers. ``(H) Traumatic brain injury programs. ``(I) Women veterans' health programs (including particularly programs involving privacy and accommodation for female patients). ``(J) Facilities for hospice and palliative care programs.''. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.
Veterans' Major Medical Facilities Construction Act of 2002 - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects in California, Ohio, Alaska, Connecticut, and Florida, in specified amounts.Authorizes the Secretary to enter into a lease for a satellite outpatient clinic in Charlotte, North Carolina, in a specified amount.Authorizes appropriations for FY 2003 for the Construction, Major Projects, account and the Medical Care account.Increases from $4 million to $6 million the major medical facility project threshold.Directs the Secretary, in selecting medical facilities for projects other than major medical facility projects, to the extent practicable, to select projects to improve, replace, renovate, or update facilities to achieve one or more specified purposes, including improvements in: (1) seismic protection related to patient safety; (2) fire safety; (3) utility systems and ancillary patient care facilities; (4) accommodation for person with disabilities; and (5) patient care facilities to specialized programs of the Department of Veterans Affairs.
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SECTION 1. FINDINGS. Congress finds the following: (1) Twice since 1989, the northwestern coast of Maui, Hawaii, has been plagued with massive blooms of the green alga, Cladorphora sericea. Blooms of the red alga, Hypnea musciformis, have also occurred in the area and in the Kihei area. (2) The algal blooms have destroyed corals and other reef- building organisms, and have washed up on beaches and severely impeded the recreational use of affected coastal areas. (3) The algal blooms are particularly detrimental to the natural ecological balance of the near-shore reef environment. (4) Although the specific causes of the algal blooms are uncertain, algal growth is stimulated in a proportional manner by concentrations of chemicals such as fertilizers and insecticides, which enter the ocean through freshwater runoff. (5) The Department of Health of the State of Hawaii has indicated that the department does not have the resources at this time to determine the cause of the algal blooms. (6) Extensive research will be required to determine the factors that contribute to algal growth. (7) Potential sources of nutrients that may contribute to algal growth include the near-shore disposal of sewage in injection wells from the Lahaina Wastewater Treatment Plant, surface runoff from agricultural lands and urban resort areas, and subsurface point sources in the areas. (8) The long-term environmental impacts of the algal blooms are unknown, but in the short term, reefs exposed to the algae are being destroyed and the deterioration of the coral has detrimental effects on fish and other wildlife that depend on the reefs for survival. (9) The algal blooms are generating negative economic impacts as well as negative biological impacts, as additional reports indicate that the algae are decreasing the intake of fish caught by local fishermen in the affected marine waters. (10) The Maui Algae Task Force is comprised of community environmental activists and has been assembled to address the problem of algal blooms. (11) The Maui Algae Task Force hopes to work in cooperation with the Department of Health of the State of Hawaii and the Environmental Protection Agency to identify and eradicate the causes of the algal blooms. SEC. 2. STUDY. (a) In General.--The Administrator of the Environmental Protection Agency (hereafter in this Act referred to as the ``Administrator'') shall conduct a study to-- (1) determine the causes of recent algal blooms off the northwestern coast of Maui, Hawaii; and (2) research alternatives for the improved management of chemicals present in wastewater treatment and fresh water runoff. (b) Study Requirements.--In carrying out the study under this section, the Administrator shall-- (1) survey and monitor-- (A) seaweed populations and animals for which the seaweed is a food source; (B) surface water runoff sediments in the study area; and (C) inputs into the study area from subsurface point sources, including any such inputs from the Lahaina wastewater treatment plant; and (2) study the responses of-- (A) the seaweed populations referred to in paragraph (1)(A) to different concentrations of nutrients; and (B) the animals referred to in paragraph (1)(A) to pesticides and other biological toxins. (c) Equipment; Grants.-- (1) Acquisition of equipment.--In carrying out the study under this section, the Administrator is authorized to acquire such monitoring and testing equipment as the Administrator determines necessary. (2) Grants.--In carrying out the study under this section, the Administrator is authorized to establish a grant program to provide grants to eligible entities that submit approved applications to the Administrator. The following entities may submit an application to conduct study activities under this section: (A) The Department of Health of the State of Hawaii. (B) The Maui Algae Task Force. (C) Appropriate Federal, State, or county departments or agencies. (D) Any other entity that the Administrator determines to be appropriate. (d) Demonstration Projects.--In carrying out the study under this section, the Administrator is authorized to establish demonstration projects to identify and implement best management practices for the control of nonpoint source pollution from erosion and agricultural runoff. (e) Reports.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes interim results of the study conducted under this section, and such recommendations as the Administrator determines to be appropriate. (2) Final report.--Not later than January 31, 1996, the Administrator shall submit to Congress a final report that summarizes the results of the study conducted under this section and includes such recommendations as the Administrator determines to be appropriate. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this section $500,000 for each of fiscal years 1994 and 1995.
Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the causes of recent algal blooms off the northwestern coast of Maui, Hawaii, and to research alternatives for the improved management of chemicals present in wastewater treatment and fresh water runoff. Authorizes the Administrator to establish: (1) a grant program to enable eligible entities to conduct study activities; and (2) demonstration projects to implement best management practices for the control of nonpoint source pollution from erosion and agricultural runoff. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Genocide and Atrocities Prevention Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States Government's efforts at atrocity prevention and response through interagency coordination, such as the Atrocities Prevention Board (referred to in this Act as the ``Board'') or successor entity are critically important, and that appropriate officials of the United States Government should-- (1) meet regularly to monitor developments throughout the world that heighten the risk of atrocities; (2) identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response; (3) facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (4) provide the President and Congress with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response; (5) conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response; (6) operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices; and (7) ensure resources are made available for the policies, programs, and tools related to atrocity prevention and response. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) regard the prevention of atrocities as in its national interest; (2) work with partners and allies, including to build their capacity, and enhance the capacity of the United States, to identify, prevent, and respond to the causes of atrocities, including insecurity, mass displacement, violent conflict, and other conditions that may lead to such atrocities; and (3) pursue a United States Government-wide strategy to identify, prevent, and respond to the risk of atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the causes of atrocities; (C) strengthening diplomatic response and the effective use of foreign assistance to support appropriate transitional justice measures, including criminal accountability, for past atrocities; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities; (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing causes of conditions that may lead to atrocities; and (F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to atrocities by-- (i) placing a high priority on timely, preventive diplomatic efforts; and (ii) exercising leadership in promoting international efforts to prevent atrocities. SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended in subsection (a)(1)-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) for Foreign Service Officers who will be assigned to a country experiencing or at risk of mass atrocities, as determined by the Secretary of State, in consultation with the Director of National Intelligence and relevant civil society organizations, instruction on recognizing patterns of escalation and early warning signs of potential atrocities, and methods of preventing and responding to atrocities, including conflict assessment methods, peacebuilding, mediation for prevention, early action and response, and appropriate transitional justice measures to address atrocities.''. SEC. 5. REPORTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following six years, the President shall transmit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report, with a classified annex if necessary, that includes-- (1) a review, in consultation with appropriate interagency representatives, including the Board, consisting of a detailed description of-- (A) current efforts to prevent and respond to atrocities, based on United States and locally identified indicators, including an analysis of capacities and constraints for interagency detection, early warning and response, information-sharing, contingency planning, and coordination; (B) recommendations to further strengthen United States capabilities described in subparagraph (A); (C) funding expended by relevant Federal departments and agencies on atrocities prevention activities, including appropriate transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles regarding support for atrocity prevention activities; (D) a global assessment of ongoing atrocities, including the findings of such assessment and, where relevant, the efficacy of any steps taken by the Board or relevant Federal agency to respond to such atrocities; (E) countries and regions at risk of atrocities, including a description of specific risk factors, at- risk groups, and likely scenarios in which atrocities would occur; and (F) the atrocities prevention training for Foreign Service officers authorized under subparagraph (D) of section 708(a)(1) of the Foreign Service Act of 1980, as added by section 4; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening relevant regional organizations; (3) the implementation status of the recommendations contained in the previous review required by this section; and (4) identification of the Federal agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. (b) Consideration of Recommendations.--The preparation of the report required by subsection (a) shall include a consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions. (c) Availability to Congress.--The report required by subsection (a) shall be made available to all members of Congress. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``genocide'' means an offense under subsection (a) of section 1091 of title 18, United States Code; (2) the term ``atrocities'' means war crimes, crimes against humanity, and genocide; (3) the term ``transitional justice'' means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes to redress legacies of atrocities and to promote long-term, sustainable peace; and (4) the term ``war crime'' has the meaning given the term in section 2441(c) of title 18, United States Code. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as authorizing the use of military force. Passed the Senate December 12, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1158 _______________________________________________________________________ AN ACT To help prevent acts of genocide and other atrocity crimes, which threaten national and international security, by enhancing United States Government capacities to prevent, mitigate, and respond to such crises.
Elie Wiesel Genocide and Atrocities Prevention Act of 2017 This bill states that it is U.S. policy to regard the prevention of genocide and other atrocity crimes as a core national security interest and a core moral responsibility. The President shall instruct the Department of State to establish a Mass Atrocities Task Force to strengthen State Department efforts and assist other agency efforts at atrocity prevention and response. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service Officers in conflict and atrocity crimes prevention. The Director of National Intelligence is encouraged to include in his or her annual testimony to Congress on threats to U.S. national security: (1) a review of countries and regions at risk of atrocity crimes; and (2) specific countries and regions at immediate risk of atrocity crimes, including most likely pathways to violence, specific risk factors, potential perpetrators, and at-risk target groups. The bill establishes the Complex Crises Fund to enable the State Department and the U.S. Agency for International Development to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, including potential atrocity crimes. Fund amounts may not be expended for lethal assistance or to respond to natural disasters.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Insurance Consumer Right-to-Know Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Long-term care insurance policy.--The term ``long-term care insurance policy'' means-- (A) a qualified long-term care insurance contract (as defined in section 7702B(b) of the Internal Revenue Code of 1986); and (B) a qualified long-term care insurance contract that covers an insured who is a resident of a State with a qualified State long-term care insurance partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in connection with a State plan amendment described in clause (iv) of such section. (2) Model act and regulation.--The term ``model Act and regulation'' means the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of October 2000 and as of December 2006). (3) NAIC.--The term ``NAIC'' means the National Association of Insurance Commissioners. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. SEC. 3. NAIC STUDY AND REPORT ON STATE DISCLOSURE REQUIREMENTS FOR LONG-TERM CARE INSURANCE. (a) In General.--The Secretary shall request the NAIC to carry out the activities described in subsection (b) and issue the report described in subsection (c). (b) Review and Development of Proposed Model Disclosure Requirements.--The activities described in this subsection are the following: (1) Model act and regulation disclosure requirements.-- Review and describe disclosure requirements for long-term care insurance policies under the Model Act and regulation. (2) State law disclosure requirements.--Review and describe disclosure requirements for long-term care insurance policies under State laws. (3) Long-term care services.--Review and describe differences in long-term care services, including with respect to providers of such services and the settings in which such services are provided among States and develop a standardized definition for long-term care services. (4) Identification of key issues for development of model disclosure marketing form.--Identify and describe key issues to consider in the development of a proposed model form for marketing long-term care insurance policies. (c) Report.--The report described in this subsection is a NAIC White Paper that is issued not later than 12 months after the date of enactment of this Act and contains the results of the reviews conducted under subsection (a) and the descriptions required under that subsection. SEC. 4. NAIC WORKING GROUP TO DEVELOP MODEL DISCLOSURE FORM FOR LONG- TERM CARE INSURANCE. (a) In General.--The Secretary shall request the NAIC to establish, not later than 60 days after the date on which the NAIC White Paper described in section 3(c) is issued and in consultation with the Secretary and the Secretary of the Treasury, a Working Group to develop a model disclosure form for marketing long-term care insurance policies. (b) Working Group Members.--The Working Group established under subsection (a) shall be composed of the following: (1) Representatives from State Departments of Health (or the most appropriate State agencies with responsibility for oversight of the provision of long-term care). (2) Representatives of long-term care providers and facilities. (3) Consumer advocates. (4) Representatives of issuers of long-term care insurance policies. (5) Representatives of the NAIC or State insurance commissioners. (6) Other experts in long-term care and long-term care insurance policies selected by the Secretary and Secretary of the Treasury or the NAIC. (c) Requirements for Development of Form.-- (1) Considerations.--In developing the model form, the Working Group shall consider the following: (A) Variations among providers, services, and facilities in the long-term care and long-term care insurance markets. (B) The results of the reviews and the descriptions included in the NAIC White Paper issued under section 3(c). (C) Such other information and factors as the Working Group determines appropriate. (2) Standardizations.--The Working Group shall ensure that the model has-- (A) minimum standard definitions for coverage of the various types of services and benefits provided under long-term care insurance policies; (B) minimum standard language for use by issuers of such policies, and for agents selling such policies, in explaining the services and benefits covered under the policies and restrictions on the services and benefits; (C) minimum standard format, color and type size for disclosure documents; and (D) such other minimum standards as the Working Group determines appropriate. (d) Deadline for Development.--The Working Group shall issue a proposed model disclosure form for marketing long-term care insurance policies not later than 1 year after the date on which the Working Group is established. (e) Adoption and Incorporation Into Model Act and Regulation.--The Secretary shall request the NAIC to amend the Model Act and regulation to require the use of the proposed model disclosure form issued by the Working Group, not later than 1 year after the date on which the Working Group issues the form. SEC. 5. REQUIRED USE OF MODEL DISCLOSURE FORM IN MARKETING LONG-TERM CARE INSURANCE POLICIES. (a) Application to Tax-qualified and Medicaid Partnership Policies.--Not later than 1 year after the date on which the Working Group issues the proposed model disclosure form for marketing long-term care insurance policies under section 4: (1) Tax-qualified policies.--The Secretary of the Treasury shall promulgate a regulation requiring, not later than 1 year after the date on which the regulation is final, any issuer of a qualified long-term care insurance contract (as defined in section 7702B(b) of the Internal Revenue Code of 1986) to use the proposed model disclosure form for marketing such contracts. (2) Medicaid partnership policies.--The Secretary shall promulgate a regulation requiring, not later than 1 year after the date on which the regulation is final, any issuer of a qualified long-term care insurance contract that covers an insured who is a resident of a State with a qualified State long-term care insurance partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in connection with a State plan amendment described in clause (iv) of such section to use the proposed model disclosure form for marketing such contracts. (b) Application to All Other Long-term Care Insurance Policies.-- Not later than 18 months, or the earliest date on which an amendment could be enacted for those States with legislatures which meet only every other year, after the date on which the NAIC adopts an amended Model Act and regulation to require the use of the proposed model disclosure form issued by the Working Group under section 4, each State shall require by statute or regulation any issuer of a long-term care insurance policy to use the proposed model disclosure form when marketing such a policy in the State.
Long-Term Care Insurance Consumer Right-to-Know Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to request the National Association of Insurance Commissioners (NAIC) to issue a white paper with its results from the following activities: (1) review and describe disclosure requirements for long-term care insurance policies under the long-term care insurance model regulation and model act promulgated by NAIC (as adopted as of October 2000 and December 2006), (2) review and describe disclosure requirements for long-term care insurance policies under state laws, (3) review and describe differences in long-term care services among states and develop a standardized definition of long-term care services, and (4) identify and describe key issues to consider in the development of a proposed model form for marketing long-term care insurance policies. Directs the Secretary to request NAIC to: (1) establish a Working Group to develop and issue a model disclosure form for marketing long-term care insurance policies, and (2) amend the model regulation and model act to require the use of such form. Requires the Secretaries of the Treasury and HHS to promulgate regulations requiring issuers of a qualified long-term care insurance contract under certain tax-qualified or Medicaid Partnership policies to use the model form for marketing such contracts. Directs each state to require any issuer of a long-term care insurance policy to use the model form for marketing a policy.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Applied Fairly and Equitably to Truckers Act of 2008'' or the ``SAFE Truckers Act of 2008''. TITLE I--SURFACE TRANSPORTATION SECURITY SEC. 101. SURFACE TRANSPORTATION SECURITY. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXI--SURFACE TRANSPORTATION SECURITY ``SEC. 2101. DESIGNATION OF SECURITY SENSITIVE MATERIAL. ``(a) Designation.--The Secretary shall designate a material, or a group or class of material, in a particular amount and form as security sensitive when the Secretary determines that transporting the material by motor vehicle in commerce poses a significant risk to national security due to the potential use of the material in an act of terrorism. ``(b) Consultation.--In carrying out subsection (a), the Secretary shall consult with-- ``(1) the Secretary of Health and Human Services on the inclusion of chemical or biological materials or agents; and ``(2) the Secretary of Transportation, as appropriate. ``(c) Notice and Comment.--The Secretary shall make the designations under subsection (a) by regulation after providing notice and an opportunity for public comment. ``SEC. 2102. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS. ``(a) Motor Vehicle Operators.--The Secretary shall prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material unless the individual holds a transportation security card issued by the Secretary under section 70105 of title 46, United States Code. ``(b) Shippers.--The Secretary shall prohibit a person from-- ``(1) offering a security sensitive material for transportation by motor vehicle in commerce; or ``(2) causing a security sensitive material to be transported by motor vehicle in commerce, unless the motor vehicle operator transporting the security sensitive material holds a valid transportation security card. ``SEC. 2103. ENROLLMENT LOCATIONS. ``The Secretary shall-- ``(1) work with appropriate entities to ensure that fingerprinting locations for individuals applying for a transportation security card under section 70105 of title 46, United States Code, have flexible operating hours; and ``(2) permit an individual applying for a transportation security card to utilize a fingerprinting location outside of the individual's State of residence to the greatest extent practicable. ``SEC. 2104. AUTHORITY TO ENSURE COMPLIANCE. ``(a) In General.--The Secretary is authorized to ensure compliance with this title. ``(b) Memorandum of Understanding.--The Secretary may enter into a memorandum of understanding with the Secretary of Transportation to ensure compliance with sections 2102 and 2107(b). ``SEC. 2105. CIVIL PENALTIES. ``(a) Penalty.-- ``(1) In general.--A person that violates this title or a regulation or order issued under this title is liable to the United States Government for a civil penalty of at least $250 but not more than $75,000 for each violation. ``(2) Increased penalties.--If the Secretary finds that a violation under paragraph (1) results in a transportation security incident, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000. ``(3) Separate violations.--A separate violation occurs for each day the violation continues. ``(b) Hearing Requirement.--The Secretary may find that a person has violated this title or a regulation or order issued under this title only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. ``(c) Penalty Considerations.--In determining the amount of a civil penalty under this section, the Secretary shall consider-- ``(1) the nature, circumstances, extent, and gravity of the violation; ``(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and ``(3) other matters that justice requires. ``(d) Civil Actions To Collect.--The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review. ``(e) Compromise.--The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General. ``(f) Setoff.--The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. ``(g) Depositing Amounts Collected.--Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts. ``SEC. 2106. CRIMINAL PENALTIES. ``A person that willfully violates this title or a regulation or order issued under this title shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation results in a transportation security incident. ``SEC. 2107. ENFORCEMENT. ``(a) In General.--At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this title or a regulation or order issued under this title. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 2105. ``(b) Imminent Security Hazards.-- ``(1) In general.--If the Secretary has reason to believe that an imminent security hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States-- ``(A) to suspend or restrict the transportation of the security sensitive material responsible for the hazard; or ``(B) to eliminate or mitigate the hazard. ``(2) Actions by the attorney general.--On request of the Secretary, the Attorney General shall bring an action under paragraph (1). ``SEC. 2108. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE IN MEXICO OR CANADA. ``A commercial motor vehicle operator registered to operate in Mexico or Canada shall not operate a commercial motor vehicle transporting a security sensitive material in commerce in the United States until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport security sensitive materials in commerce. ``SEC. 2109. TRANSITION. ``(a) Treatment of Individuals Receiving Prior Hazardous Materials Endorsements.--An individual who has obtained a hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, before the date of enactment of this title, shall be treated as having met the background check requirements of the transportation security card under section 70105 of title 46, United States Code, subject to reissuance or expiration dates as determined by the Secretary. ``(b) Reduction in Fees.--The Secretary shall reduce, to the great extent practicable, any fees associated with obtaining a transportation security card under section 70105 of title 46, United Sates Code, for any individual referred to in subsection (a). ``SEC. 2110. SAVINGS CLAUSE. ``Nothing in the title shall be construed as affecting the authority of the Secretary of Transportation to regulate hazardous materials under chapter 51 of title 49, United States Code. ``SEC. 2111. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Commerce.--The term `commerce' means trade or transportation in the jurisdiction of the United States-- ``(A) between a place in a State and a place outside of the State; or ``(B) that affects trade or transportation between a place in a State and a place outside of the State. ``(2) Hazardous material.--The term `hazardous material' means a substance or material the Secretary of Transportation designates under section 5103(a) of title 49, United States Code. ``(3) Imminent security hazard.--The term `imminent security hazard' means the existence of a condition relating to security sensitive materials that-- ``(A) presents a substantial likelihood of a transportation security incident; and ``(B) may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that incident. ``(4) Person.--The term `person', in addition to its meaning under section 1 of title 1, United States Code-- ``(A) includes a government, Indian tribe, or authority of a government or tribe offering security sensitive material for transportation in commerce or transporting security sensitive material to further a commercial enterprise; but ``(B) does not include-- ``(i) the United States Postal Service; and ``(ii) in sections 2105 and 2106, a department, agency, or instrumentality of the Government. ``(5) Security sensitive material.--The term `security sensitive material' means a substance or material in quantity and form the Secretary designates under section 2101. ``(6) Transports; transportation.--The term `transports' or `transportation' means the movement of property and loading, unloading, or storage incidental to the movement. ``(7) Transportation security incident.--The term `transportation security incident' has the meaning given that term by section 70101 of title 46, United States Code.''. SEC. 102. CONFORMING AMENDMENT. The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following: ``TITLE XXI--SURFACE TRANSPORTATION SECURITY ``Sec. 2101. Designation of security sensitive material. ``Sec. 2102. Transportation of security sensitive materials. ``Sec. 2103. Enrollment locations. ``Sec. 2104. Authority to ensure compliance. ``Sec. 2105. Civil penalties. ``Sec. 2106. Criminal penalties. ``Sec. 2107. Enforcement. ``Sec. 2108. Commercial motor vehicle operators registered to operate in Mexico or Canada. ``Sec. 2109. Transition. ``Sec. 2110. Savings clause. ``Sec. 2111. Definitions.''. SEC. 103. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. Section 5103a of title 49, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Limitation.--The Secretary of Homeland Security shall periodically conduct a name-based background check of all individuals who possess a license to operate a motor vehicle transporting in commerce a hazardous material for which the Secretary of Transportation requires placarding. Such a name-based check shall be conducted against the integrated and consolidated terrorism watch list maintained by the Federal Government and relevant databases.''; (2) by striking subsections (b) and (d) and redesignating subsections (c), (e), (f), (g), and (h) as subsections (b), (c), (d), (e), and (f), respectively; (3) in subsection (e) (as redesignated by paragraph (3) of this section)-- (A) by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (B) in paragraph (2) (as redesignated by subparagraph (A) of this paragraph) by striking ``Director'' and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (C) in paragraph (3) (as redesignated by subparagraph (A) of this paragraph) by striking ``Director'' and inserting ``Assistant Secretary''; and (D) in paragraph (4) (as redesignated by subparagraph (A) of this paragraph)-- (i) in subparagraph (A) -- (I) by striking ``Director'' and inserting ``Assistant Secretary''; (II) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (III) by striking ``Director's'' and inserting ``Assistant Secretary's''; and (ii) in subparagraph (B)(ii) by striking ``Director'' and inserting ``Assistant Secretary''; and (4) in subsection (f)(2) (as redesignated by paragraph (3) of this section) by striking ``Director of the Transportation Security Administration'' and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''. SEC. 104. DEADLINES AND EFFECTIVE DATES. (a) Designation of Security Sensitive Materials.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall promulgate regulations establishing the list of security sensitive materials under section 2101 of the Homeland Security Act of 2002 (as added by this Act). (b) Issuance of Transportation Security Cards.--Not later than 18 months after enactment of this Act, the Secretary shall begin issuance of transportation security cards under section 70105 of title 46, United States Code, to individuals who seek to operate a motor vehicle in commerce while transporting security sensitive materials. (c) Effective Date of Prohibitions.--The prohibitions contained in sections 2102 and 2108 of the Homeland Security Act of 2002 (as added by this Act) shall take effect on the date that is 3 years after the date of enactment of this Act. (d) Effective Date of Section 103 Amendments.--The amendments made by section 103 of this Act shall take effect on the date that is 3 years after the date of enactment of this Act. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. TASK FORCE ON HIGHWAY SECURITY. (a) Establishment.--The Secretary of Homeland Security shall establish a task force to assess security risks to motor vehicles transporting security sensitive material, including the vulnerabilities of such motor vehicles to hijacking, en route sabotage, theft, and insider threats. (b) Membership.--The task force shall be composed of representatives of the Department of Homeland Security, the Department of Transportation, appropriate industries, including employee organizations, and other appropriate entities. (c) Report.--Not later than 180 days after the date of enactment of this Act, the task force shall transmit to the Secretary and Congress a report containing the results of the assessment, including proposed solutions for any vulnerabilities identified. SEC. 202. TASK FORCE ON DISQUALIFYING CRIMES. (a) Establishment.--The Secretary of Homeland Security shall establish a task force to review the lists of crimes that disqualify individuals from certain transportation-related employment under current regulations of the Transportation Security Administration and assess whether such lists of crimes are accurate indicators of a terrorism security risk. (b) Membership.--The task force shall be composed of representatives of appropriate industries, including representatives of employee organizations, Federal agencies, and other appropriate entities. (c) Report.--Not later than 180 days after the date of enactment of this Act, the task force shall transmit to the Secretary and Congress a report containing the results of the review, including recommendations for a common list of disqualifying crimes and the rationale for the inclusion of each crime on the list.
Screening Applied Fairly and Equitably to Truckers Act of 2008, or the SAFE Truckers Act of 2008 - Amends the Homeland Security Act 2002 to require the Secretary of Homeland Security to: (1) designate security sensitive material; and (2) prohibit an individual from operating a motor vehicle in commerce while transporting such material, unless the operator of the motor vehicle holds a transportation security card issued by the Secretary. Directs the Secretary to prohibit a person (shipper) from offering a security sensitive material for transportation by motor vehicle, or causing the transportation of such material by motor vehicle, unless the operator of the motor vehicle holds a transportation security card. Sets forth both civil and criminal penalties for persons who violate the requirements of this Act. Prohibits a motor vehicle registered in Mexico or Canada from transporting security sensitive material in U.S. commerce until the operator of the motor vehicle has undergone a background records check similar to that required for U.S. commercial motor vehicle operators licensed to transport security sensitive materials in U.S. commerce. Requires the Secretary to conduct periodically a named-based background check against the U.S. integrated terrorism watch list of all individuals licensed to operate a motor vehicle to transport a hazardous material in commerce. Establishes task forces on: (1) highway security; and (2) crimes disqualifying individuals from certain transportation-related employment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Success Centers and Education Networks for Dreamers (ASCEND) Act''. SEC. 2. PROGRAMS FOR DREAMER STUDENT SUCCESS IN COMPLETING POSTSECONDARY EDUCATION. (a) Purpose.--The purpose of this section is to encourage programs that support Dreamer student success in completing postsecondary education by coordinating educational and community services to address the academic, financial, and social needs of Dreamer students. (b) Grants Authorized.-- (1) In general.--Subject to the availability of appropriations under subsection (h), the Secretary of Education shall award grants to not-for-profit institutions of higher education to develop programs to support Dreamer student success in completing postsecondary education. (2) Grant period.--A grant awarded under this section shall be awarded for a period of 4 years. (c) Use of Grants.-- (1) Required activities.--An institution of higher education receiving a grant under this section shall use such grant to carry out a program that includes-- (A) developing a team of professionals who provide services to Dreamer students and provide training to faculty on how to support Dreamer students; (B) providing a coordinator whose primary responsibility is to coordinate the program carried out under this section; and (C) establishing a plan to sustain the program after the grant period. (2) Other authorized activities.--An institution of higher education receiving a grant under this section may use such grant to carry out any of the following authorized activities with respect to Dreamer students and students described in section 212(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)) or subparagraph (A), (B), or (C) of section 237(a)(1) of such Act (8 U.S.C. 1227(a)(1)): (A) Outreach to such students. (B) Supportive instructional services for such students, which may include-- (i) personal, academic, and career counseling, as an ongoing part of the program; (ii) tutoring and academic skill-building instruction assistance, as needed; and (iii) assistance with special admissions and transfer of credit from previous postsecondary education or experience. (C) Assistance in obtaining student financial aid. (D) Assistance with applications for in-state tuition, where applicable. (E) Establishing a scholarship program modeled after Federal work-study programs. (F) Other support services and planning activities the institution determines to be necessary to ensure the success of such students in achieving educational goals. (d) Application; Selection.-- (1) Application.--To be considered for a grant under this section, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection considerations.-- (A) In general.--In awarding grants under this section, the Secretary shall consider-- (i) the need for a new program for Dreamer students; or (ii) the need for additional services provided by an existing program for Dreamer students. (B) Grant criteria depending on established source of funding.--The Secretary shall set criteria for grants awarded based on the differing objectives of programs for Dreamer students with, or without, an established source of funding. With respect to an institution of higher education having a program with an established source of funding at the time the application under paragraph (1) is submitted, the institution shall provide in the application an assurance that it will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State, local, and private sources for the program, and not to supplant such funds. (e) Evaluation and Accountability Plan.--The Secretary shall develop an evaluation and accountability plan for programs funded under this section to measure objectively the following: (1) The ability of the program to establish or expand services provided to Dreamer students. (2) Graduation rates of Dreamer students. (f) Online Publication of Progress Results.--The Secretary of Education shall publish progress results online. (g) Dreamer Students.--In this section, the term ``Dreamer student'' means an individual who is a beneficiary of, or eligible for, the Deferred Action for Childhood Arrivals program pursuant to the memorandum by the Secretary of Homeland Security dated June 15, 2012, or November 20, 2014. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2017 and each of the 5 succeeding fiscal years.
Academic Success Centers and Education Networks for Dreamers (ASCEND) Act This bill directs the Department of Education to award grants to not-for-profit institutions of higher education to develop programs that support Dreamer students in successfully completing postsecondary education. A "Dreamer student" is an individual who is a beneficiary of, or eligible for, the Deferred Action for Childhood Arrivals program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dine College Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) The Treaty of 1868 between the United States of America and the Navajo Tribe of Indians provides for the education of the citizens of the Navajo Nation. (2) The Navajo Nation created and chartered the Navajo Community College by Resolution CN-95-68 as a wholly owned educational entity of the Navajo Nation. (3) In 1971, Congress enacted the Navajo Community College Act (Public Law 92-189; 25 U.S.C. 640a et seq.). (4) The Navajo Nation officially changed the name of the Navajo Community College to Dine College by Resolution CAP-35- 97. (5) The purpose of Dine College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. (6) The educational philosophy of Dine College is to apply principles of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance quality student learning through training of the mind and heart. (7) The United States has a trust and treaty responsibility to the Navajo Nation to provide for the educational opportunities for Navajo people. (8) Significant portions of the Dine College's infrastructure are dilapidated and pose a serious health and safety risk to students, employees, and the public. (9) This Act is consistent with Executive Order 13592 (76 Fed. Reg. 76603, relating to improving American Indian and Alaska Native educational opportunities and strengthening tribal colleges and universities) and fulfills the United States Government's trust responsibility to serve the educational needs of the Navajo people. SEC. 3. PURPOSE. The purpose of this Act is to ensure that the Navajo Nation and Navajo people-- (1) exercise their right to self-determination, particularly in matters relating to their internal and local affairs; (2) maintain and strengthen their distinct institutions of higher education through the teaching of the Navajo language, culture, traditions, and history; and (3) improve their economic and social conditions through higher education and postsecondary vocational training. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Indian Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives. (2) College.--The term ``College'' means Dine College. (3) Operation and maintenance.--The term ``operation and maintenance'' means all cost and expenses associated with the customary daily operation of the Dine College and necessary maintenance costs. (4) Infrastructure.--The term ``infrastructure'' means Dine College buildings, water and sewer facilities, roads, foundation, information technology, and telecommunications, including classrooms and external matters such as walkways. (5) Renovations and repairs.--The term ``renovations and repairs'' means modernization and improvements to the infrastructure. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. AUTHORIZATION OF DINE COLLEGE. Congress authorizes the Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth, including-- (1) to provide programs of higher education for citizens of the Navajo Nation and others; (2) to provide vocational and technical education for citizens of the Navajo Nation and others; (3) to preserve and protect the Navajo language, philosophy, and culture for citizens of the Navajo Nation and others; (4) to provide Navajo communities and people with employment and training opportunities; (5) to provide economic development and community outreach for Navajo communities and people; and (6) to provide a safe learning, working, and living environment for students, employees, and the public. SEC. 6. FACILITIES AND CAPITAL PROJECTS. From amounts made available under section 8(c), the Dine College may undertake any renovations and repairs to the infrastructure of the College identified in the survey, study, and report carried out under section 9. SEC. 7. STATUS OF FUNDS. Funds provided under this Act to the Dine College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the College be used in a project for a specific purpose. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are hereby authorized to be appropriated to the Dine College, for each fiscal year, such sums as may be necessary to pay for the operation and maintenance of the College. (b) Budget Placement.--The Secretary shall fund the operation and maintenance of the Dine College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.). (c) Facilities and Capital Projects.--In addition to amounts appropriated under subsection (a), there are authorized to be appropriated $7,500,000, for each fiscal year, to carry out section 6. SEC. 9. SURVEY, STUDY, AND REPORT. (a) In General.--The Secretary shall conduct a detailed survey and study of all capital projects and facility needs of the Dine College, and shall report the results of such survey and study to the appropriate committees of Congress not later than October 31, 2016. Such report shall include recommendations by the Secretary and any recommendations or views submitted by the College and the Navajo Nation regarding the capital projects and facility needs of the College. (b) Inventory.--Not later than January 31, 2016, an inventory prepared by Dine College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards and other factors shall be submitted to the Secretary. The Secretary shall use the inventory as baseline data to inform the survey, study, and report required under subsection (a). (c) Administrative Expenses.--Funds to carry out this section may be drawn from general administrative appropriations to the Secretary. SEC. 10. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT. This Act supersedes-- (1) the Navajo Community College Act (Public Law 92-189; 25 U.S.C., 640a et seq.); (2) the Navajo Community College Assistance Act of 1978 (Public Law 95-471, 92 Stat. 1325, 1329); and (3) the Navajo Nation Higher Education Act of 2010 (Public Law 110-315, 122 Stat. 3468). SEC. 11. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS. Except as explicitly provided for in other Federal law, nothing in this Act shall preclude the eligibility of the Dine College to received Federal funding and resources under any program authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Equity in Educational Land Grant Status Act (Title V, Part C, of Public Law 103- 382; 7 U.S.C. 301 note), or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.
Dine College Act of 2015 Authorizes Dine College to receive federal funding and resources for its operation, improvement, and growth, including to: provide higher education programs and vocational and technical education for citizens of the Navajo Nation and others; preserve and protect the Navajo language, philosophy, and culture for citizens of the Navajo Nation and others; provide Navajo communities and people with employment and training opportunities; provide economic development and community outreach for Navajo communities and people; and provide a safe learning, working, and living environment for students, employees, and the public. Authorizes appropriations to Dine College to pay for its operation and maintenance. Allows such funds to be treated as non-federal, private funds for purposes of any provision of federal law that requires that non-federal or private funds of the College be used in a project for a specific purpose. Directs the Department of the Interior to fund the operation and maintenance of the College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978. Directs: (1) an inventory prepared by the College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards and other factors to be submitted to Interior by January 31, 2016; (2) Interior to conduct a detailed survey of all capital projects and facility needs of the College and to report to specified congressional committees by October 31, 2016; and (3) Interior to use the College's inventory as baseline data to inform the survey. Authorizes the College to use funds provided under this Act to undertake any renovations and repairs to the infrastructure of the College identified in the survey.
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SECTION 1. FINDINGS. The Congress finds the following: (1) After significant work educating the people of the United States about the February 17, 2009, digital television transition, efforts to delay the transition will confuse people, leaving them less, rather than more, prepared. Delay will-- (A) not move a single consumer off of the waiting list for analog-to-digital converter box coupons; (B) require an additional appropriation of $650 million in the American Recovery and Reinvestment Act of 2009; (C) jeopardize the availability of the spectrum that the transition clears for police, firefighters, and emergency personnel (spectrum that public safety officials stated 5 years to the day before September 11, 2001, they needed), and jeopardize that spectrum despite the support in the 2004 report of the 9/11 Commission for legislation setting an even earlier firm date; and (D) jeopardize the availability of the spectrum that the transition clears for advanced wireless services, perhaps our Nation's best and quickest way to improve broadband deployment, stimulating the economy and creating job growth. (2) The program sending households up to 2 coupons, each worth $40, to use for the purchase of analog-to-digital converter boxes is not out of funds. Only approximately half of the $1.5 billion in the coupon program has been spent on redeemed coupons; the other half remains in circulation, which is why there is a waiting list. Under current law, the coupons expire 90 days after issuance if not redeemed. Approximately 300,000 coupons expire every week, and the recouped funding is used to send more coupons. (3) In a January 14, 2009, letter, the Commerce Department said that the National Telecommunications and Information Administration could immediately resume sending coupons even before existing ones expire if Congress authorized another $250 million for the program. The Treasury of the United States might even recoup those funds because of unredeemed coupons that expire at the end of the program. (4) Industry has spent more than $1 billion successfully educating consumers about the transition and the February 17, 2009, transition date. According to Nielsen, as of the end of November 2008, approximately 93 percent of television households already had one or more televisions ready for the transition because the televisions had a digital tuner, were connected to cable or satellite service, or were connected to a converter box. Approximately 83 percent of television households had all their televisions ready. (5) Only households that rely exclusively on over-the-air antennas to receive television service and that do not have a digital television or a converter box are at risk of losing all television service. According to Nielsen, there are approximately 14.3 million exclusively over-the-air households. The National Telecommunications and Information Administration reports that it has already sent coupons to approximately 13.5 million households that identify themselves as relying exclusively on over-the-air antennas. Thus, only 800,000 exclusively over-the-air households have not yet received a coupon. Approximately 600,000 of those households are on the waiting list to receive a coupon. Authorizing an additional $250 million for the coupon program should help those households receive coupons before the transition date. (6) Based on these figures, only 200,000 households could lose all service if such households do not take action. Such households represent less than 2 percent of exclusively over- the-air households, and less than two-tenths of one percent of all television households. Such a small number of households with the potential to lose service is not reason enough to delay the transition. Government and industry can help households get coupons and converter boxes if such households want them, but a small group will always be unprepared no matter what the government and industry do. In addition, households can always get a converter box without a coupon, either before or after the transition. The converter boxes only cost $40 to $80. Such households have additional options, as well, by which they can receive television service. SEC. 2. ADDITIONAL COUPONS. (a) Amendment.--Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) is amended-- (1) in subsection (b), by striking ``$1,500,000,000'' and inserting ``$1,750,000,000''; and (2) in subsection (c)(3)-- (A) in subparagraph (A)(i), by striking ``by substituting `$160,000,000''' and inserting ``by substituting `$170,000,000'''; and (B) by striking ``by substituting `$1,500,000,000''' each place it appears in subparagraphs (A)(ii) and (B) and inserting ``by substituting `$1,750,000,000'''. (b) Conforming Amendment.--Section 309(j)(8)(E)(iii) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)) is amended by striking ``$7,363,000,000'' and inserting ``$7,113,000,000''. SEC. 3. EXPEDITING DELIVERY. Not later than 7 days after the date of enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall expedite the distribution of coupons issued under section 3005 of the Digital Television Transition and Public Safety Act of 2005 by directing that such coupons shall be delivered via pre-sorted first class mail service until February 17, 2009. The Assistant Secretary shall continue to direct that such coupons be delivered by such service subsequent to such date if the Assistant Secretary determines that doing so will significantly improve coupon redemption rates without jeopardizing the availability of administrative funds. SEC. 4. EXTENSION OF AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2011'' and inserting ``2012''.
Amends the Digital Television Transition and Public Safety Act of 2005 to increase funding for the program to provide coupons for digital-to-analog converter boxes. Directs the Assistant Secretary of Commerce for Communications and Information to: (1) expedite the distribution of such coupons by delivering them via presorted first class mail service until February 17, 2009; and (2) continue such delivery after that date if the Assistant Secretary determines that doing so will significantly improve coupon redemption rates without jeopardizing the availability of administrative funds. Amends the Communications Act of 1934 to extend through September 30, 2012 (currently until September 30, 2011), the authority of the Federal Communications Commission (FCC) to grant a license or permit under provisions relating to competitive bidding.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Affordable Drugs from Canada Act of 2014''. SEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM CANADA. ``(a) In General.--Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). ``(b) Prescription Drug.--A prescription drug described in this subsection-- ``(1) is a prescription drug that-- ``(A) is purchased from an approved Canadian pharmacy; ``(B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; ``(C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; ``(D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and ``(E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and ``(2) does not include-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; ``(F) a parenteral drug; ``(G) a drug manufactured through 1 or more biotechnology processes, including-- ``(i) a therapeutic DNA plasmid product; ``(ii) a therapeutic synthetic peptide product of not more than 40 amino acids; ``(iii) a monoclonal antibody product for in vivo use; and ``(iv) a therapeutic recombinant DNA- derived product; ``(H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or ``(I) a photoreactive drug. ``(c) Approved Canadian Pharmacy.-- ``(1) In general.--In this section, an approved Canadian pharmacy is a pharmacy that-- ``(A) is located in Canada; and ``(B) that the Secretary certifies-- ``(i) is licensed to operate and dispense prescription drugs to individuals in Canada; and ``(ii) meets the criteria under paragraph (3). ``(2) Publication of approved canadian pharmacies.--The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved Canadian pharmacies, including the Internet Web site address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). ``(3) Additional criteria.--To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy-- ``(A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; ``(B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; ``(C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; ``(D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; ``(E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; ``(F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; ``(G) does not resell products from online pharmacies located outside Canada to customers in the United States; and ``(H) meets any other criteria established by the Secretary.''.
Safe and Affordable Drugs from Canada Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services (HHS) to promulgate regulations permitting individuals to safely import into the United States, with exceptions, a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Provides criteria for approval of a Canadian pharmacy. Requires HHS to publish a list of approved Canadian pharmacies, including their website address, from which individuals may purchase prescription drugs in accordance with this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The muscular dystrophies are devastating diseases that have a significant impact on quality of life, not only for the individual who experiences its painful symptoms and resulting disability, but also for family members and caregivers. (2) Duchenne muscular dystrophy (referred to in this section as ``DMD'') is the most common lethal genetic disorder of childhood worldwide, affecting approximately 1 in every 3,500 boys born each year around the globe. It is characterized by a rapidly progressive muscle weakness that almost always results in death from respiratory or cardiac failure, typically in the late teens or twenties. (3) Myotonic muscular dystrophy is the second most prominent form of muscular dystrophy and the type most commonly found in adults, affecting an estimated 1 in 8,000 people. However, it can affect people of any age, from birth to old age. Described as the most variable disease known in medicine, it is multisystemic and can cause not only muscle atrophy and myotonia, but also serious cardiac, respiratory, endocrine, gastrointestinal, skeletal and central nervous system complications, as well as problems with the eyes, teeth, and hair. As it passes from one generation to the next, it generally worsens with earlier onset. Congenital myotonic muscular dystrophy is the most severe form of myotonic muscular dystrophy affecting infants and causing severe cognitive delays. It often causes sudden death; however, others can live for many years with this slowly degenerative disorder. (4) Facioscapulohumeral muscular dystrophy (referred to in this section as ``FSHD'') is the second most prevalent adult muscular dystrophy and the third most prevalent muscular dystrophy of men, women and children. It is inherited genetically and has an estimated incidence of 1 in 20,000 persons. Many leading FSHD scientists note that the prevalence may be 3 times higher due to undiagnosed and misdiagnosed cases. FSHD, affecting between 15,000 to 40,000 persons, causes a lifelong progressive and severe loss of all skeletal muscles gradually bringing weakness and reduced mobility. It is genetically transmitted to children, can occur spontaneously, and may affect entire families. Persons with FSHD may also experience hearing loss, vision problems, and respiratory insufficiency; some may become severely physically disabled and spend decades in a wheelchair and on a ventilator. FSHD is caused by a novel epigenetic phenomenon not found in other forms of muscular dystrophy and is caused by a contraction of repetitive DNA previously thought to be ``junk DNA''. The unique epigenetic structure of FSHD is unprecedented in other muscular dystrophies and genetic disorders and demands novel approaches and new research groups. Understanding this mechanism will have great benefit to other areas of biomedical research including cancer and other disease of epigenetic origin. (5) Congenital muscular dystrophies represent a group of distinct diseases, which begin at birth, with varying severity and involvement of both muscle strength and brain. These diseases often lead to premature infant death, or severely disabled young children who require 24-hour care given their developmental delay compounded by muscle weakness. Other children live to young adulthood and typically require the use of a wheelchair for mobility. (6) Forms of muscular dystrophy affecting children and adults include Becker, congenital, distal, Duchenne, Emery- Dreifuss, facioscapulohumeral, limb-girdle, myotonic, and oculopharyngeal muscular dystrophies. The limb-girdle muscular dystrophies are of 15 known different types. (7) Each of the muscular dystrophies, though distinct in progressivity and severity of symptoms, has a devastating impact on hundreds of thousands of children and adults throughout the United States and worldwide, as well as imposes severe physical and economic burdens on those affected. In many of the muscular dystrophies, there are associated medical problems arising from pulmonary issues, respiratory insufficiency, cardiomyopathy, which in many cases is the cause of death for persons with muscular dystrophy. (8) In the 5 years since enactment of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 (the MD-CARE Act (Public Law 107-84)), and due directly to the momentum established by such Act, progress has been made in the battle against the muscular dystrophies. (9) Investments made by the Federal Government as a result of the MD-CARE Act include the creation of the MD Coordinating Committee (MDCC), the development of the MDCC Action Plan, expansion of the National Institutes of Health (referred to in this section as the ``NIH'') research portfolios, establishment of 6 Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers, funding of a $15,400,000 National Institutes of Health U54 grant and others focused on DMD, development of the Muscular Dystrophy Surveillance, Tracking and Research Network (MD STARnet), and the launch of a comprehensive education and outreach initiative. (10) In the past few years, the NIH program in translational research in muscular dystrophy has grown significantly and funded a number of large-scale projects to further the development of therapies for muscular dystrophy. As part of this program, the National Institute of Neurological Disorders and Stroke (NINDS) and the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS) of the National Institutes of Health (NIH) awarded a $15,400,000, 5- year cooperative agreement to develop new small molecule drugs for the treatment of DMD and potentially other forms of muscular dystrophy as well. The project is a unique research collaboration between private, public, and nonprofit partners to build upon previous research and discovery work originally initiated by non-profit partners to identify new treatments for muscular dystrophy. Also through the translational program, 3 other major cooperative agreements have been awarded for highly targeted therapy development projects in the muscular dystrophies. (11) Due to the initiatives made possible through the MD- CARE Act, national nonprofit organizations have joined in model strategic collaborations with academic research institutions, public funders of muscular dystrophy research, and industry to expand investments in muscular dystrophy research activities and to create new platforms for translational research. These have led to the development of the first potential therapies for DMD, myotonic, facioscapulohumeral, limb-girdle, and other conditions that are proceeding through clinical trials. (12) Advancements in care have helped prolong life and quality of life for patients with muscular dystrophy. (13) Notwithstanding these promising developments, the majority of the directions envisioned by the Action Plan for the Muscular Dystrophies, developed pursuant to the MD-CARE Act, have not been realized. Where recent momentum has been achieved, its sustainability is fragile and directly dependent upon continued Federal support for the early phase planning and programs created through the MD-CARE Act. (14) There remains a shortage of qualified researchers in the field of muscular dystrophy research. Many family physicians and health care professionals still lack the knowledge and resources to detect and properly diagnose muscular dystrophy as early as possible, thus delaying management of symptoms in cases that go undetected or misdiagnosed. (15) As new understandings of the genetic basis for disease and potential treatment has emerged, the public and health care communities are in urgent need of education and outreach to ensure competent, informed engagement in genetic testing and counseling and appropriate patient characterization so that patients are able to participate in new avenues of research and clinical trials. (16) As basic research into the muscular dystrophies points the way to new therapeutic targets, there is an urgent need to support the clinical research infrastructure necessary to bring these therapeutic leads to human trials; these infrastructure needs include validated endpoints, current natural history studies, biomarkers, clinical research networks, patient registries, and databases. (17) In order to improve lives and develop effective treatments for individuals with muscular dystrophy, there must be improved communications and partnerships between patients, patient advocacy, researchers, and clinical care providers. To that end, renewed effort to work together by all parties is a critical element for successful outcomes in the years to come. (18) Continued focus and investment are required to build on the current momentum, respond to public need, and ensure that federally funded research and other innovation is translated to therapeutic targets as quickly as possible. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON MUSCULAR DYSTROPHY. Section 404E of the Public Health Service Act (42 U.S.C. 283g) is amended-- (1) in subsection (a)(1), by inserting ``the National Heart, Lung, and Blood Institute,'' after ``Child Health and Human Development,''; (2) in subsection (b)(1), by adding at the end the following: ``Such centers of excellence shall be known as the `Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'.''; and (3) by adding at the end the following: ``(h) Clinical Research.--The Coordinating Committee shall give special consideration to the urgent need to enhance the clinical research infrastructure required to test emerging therapies for the various forms of muscular dystrophy by prioritizing the achievement of those goals in the plan related to this topic. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2008 through 2012.''. SEC. 4. DEVELOPMENT AND EXPANSION OF ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION WITH RESPECT TO EPIDEMIOLOGICAL RESEARCH ON MUSCULAR DYSTROPHY. Section 317Q of the Public Health Service Act (42 U.S.C. 247b-18) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) Data.--In carrying out this section, the Secretary shall ensure that any data on patients that is collected as part of the Muscular Dystrophy Surveillance, Tracking and Research Network (referred to in this section as the `MD STARnet') under a grant under this section is regularly updated to reflect changes in patient condition over time, particularly with respect to any improvements realized through patient adherence to care considerations or utilization of a treatment or therapy. ``(e) Reports and Tracking.-- ``(1) Annual report.--Not later than 18 months after the date of enactment of the Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments Act of 2008, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report-- ``(A) concerning the activities carried out by MD STARnet sites funded under this section during the year for which the report is prepared; ``(B) containing the data collected and findings derived from the MD STARnet sites each fiscal year (as funded under a grant under this section during the periods of fiscal years 2008 through 2012); and ``(C) that every 2 years outlines prospective data collection objectives and strategies. ``(2) Tracking health outcomes.--The Director of the Centers for Disease Control and Prevention shall make publicly available prospective health outcome data on the health and survival of people with muscular dystrophy.''. SEC. 5. INFORMATION AND EDUCATION. Section 5 of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 (42 U.S.C. 247b-19) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b), the following: ``(c) Requirements of the Centers for Disease Control and Prevention.--In carrying out this section, the Director of the Centers for Disease Control and Prevention shall-- ``(1) partner with leaders in the muscular dystrophy patient community; and ``(2) widely disseminate the Duchenne-Becker Muscular Dystrophy care considerations described in section 904 as broadly as possible, including through partnership opportunities with the muscular dystrophy patient community.''. SEC. 6. STANDARDS OF CARE. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 904. STANDARDS OF CARE RELATING TO MUSCULAR DYSTROPHY. ``The Director shall-- ``(1) evaluate the available scientific evidence for the appropriate medical or patient organizations for purposes of the development and issuance of an initial set of care considerations for Duchenne-Becker Muscular Dystrophy and provide ongoing review and updates where appropriate; and ``(2) replicate the same systematic review methodology used to develop the Duchenne-Becker Muscular Dystrophy care considerations developed under paragraph (1) as a model for other muscular dystrophies.''.
Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments of 2008 - Amends the Public Health Service Act to designate centers of excellence for research on various forms of muscular dystrophy as Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers. Requires the Muscular Dystrophy Interagency Coordinating Committee to give special consideration to enhancing the clinical research infrastructure required to test emerging therapies for the various forms of muscular dystrophy. Requires the Secretary of Health and Human Services to ensure that any data on patients that is collected as part of the Muscular Dystrophy Surveillance, Tracking and Research Network (MD STARnet) is regularly updated to reflect changes in patient condition over time. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) report to the appropriate congressional committees on MD STARnet and data collection; and (2) make publicly available prospective health outcome data on the health and survival of people with muscular dystrophy. Requires the Director of CDC, in carrying out a program to provide information and education on muscular dystrophy to health professionals and the general public, to: (1) partner with leaders in the muscular dystrophy patient community; and (2) widely disseminate the Duchenne-Becker muscular dystrophy care considerations. Requires the Director of the Agency for Healthcare Research and Quality to: (1) evaluate the available scientific evidence to develop and issue an initial set of care considerations for Duchenne-Becker muscular dystrophy and provide ongoing review and updates where appropriate; and (2) replicate the same systematic review methodology used to develop such care considerations as a model for other muscular dystrophies.
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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. DEMONSTRATION PROGRAM FOR THE IMPLEMENTATION OF A NATIONAL HOME STUDY PROCESS. Title II of the Child Abuse Prevention and Treatment Act and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended-- (1) in section 203(b) (42 U.S.C. 5113(b))-- (A) in paragraph (3)(A), by striking ``(including'' and inserting ``(including the national database established under section 203A(c) but containing''; (B) in paragraph (10), by striking ``; and'' and inserting ``;''; (C) in paragraph (11), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(12) establish a demonstration program, not later than 1 year after the date of enactment of the National Adoption and Foster Care Home Study Act, through which each participating State or Indian tribe-- ``(A) adopts the uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents developed by the Secretary under section 203A(a); and ``(B) provides data gathered through operation of the program to the Secretary, as the Secretary may require for purposes of the national database under section 203A(c).''; (2) by inserting after section 203 (42 U.S.C. 5113) the following: ``SEC. 203A. NATIONAL HOME STUDY DEMONSTRATION PROGRAMS; NATIONAL DATABASE. ``(a) Program Methodology.--Each demonstration program established by a State or Indian tribe in accordance with section 203(b)(12) shall use a uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents (developed by the Secretary after consultation with stakeholders and professionals in the field of child welfare) that shall-- ``(1) incorporate-- ``(A) information gathering tools, including-- ``(i) an initial written questionnaire that is a uniform set of closed-ended questions with a variety of possible answers that provides significant family information; ``(ii) a secondary in-person questionnaire that is administered in a private setting in the home, and, if applicable, with both applicants present together; and ``(iii) 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 clauses (i) and (ii); ``(B) a written guidance document to assist home study practitioners in performing a psychosocial evaluation of the applicant that-- ``(i) provides instructions on how to systematically analyze information learned from the information gathering tools described in subparagraph (A) in order to identify specific strengths and concerns of the applicant; ``(ii) 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 ``(iii) includes a rating system that will be incorporated into the home study report described in subparagraph (C); and ``(C) a model home study report that may, at the discretion of the Secretary, be customized by a State or Indian tribe as necessary to comply with State or tribal and local regulations and requirements; ``(2) ensure ongoing training of home study certified personnel; and ``(3) designate a home study auditor to ensure quality control and accuracy of information provided to placing agencies. ``(b) Grants.--The Secretary shall make grants to States and Indian tribes to enable and encourage the States and Indian tribes to establish demonstration programs in accordance with section 203(b)(12). ``(c) National Database.--The Secretary shall establish a secure national database of home study reports filed by home study practitioners using the home study methodology described in subsection (a). Such database shall be accessible only to State and tribal 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. ``(d) Condition on Participation in Demonstration Project.--As a condition for participating in the demonstration program under section 203(b)(12), a State or Indian tribe shall agree to recognize as valid all home study reports listed in the database described in subsection (c), including such reports filed by other States or Indian tribes. ``(e) Evaluation.--The Secretary shall enter into a contract with an independent entity to-- ``(1) carry out a periodic evaluation of the home study methodology established under subsection (a) and the demonstration programs established in accordance with section 203(b)(12); and ``(2) submit to the Secretary a report that includes-- ``(A) a description of the extent to which such methodology-- ``(i) meets the requirements of each of paragraphs (1) through (3) of subsection (a); ``(ii) expedites the screening of caregivers to promote more family-based care over institutional care for children; ``(iii) provides cost savings to State or Indian tribe foster care and adoption systems, ``(iv) reduces the number of children waiting for foster care or adoptive placement; and ``(v) reduces the number of prospective families waiting for foster care or adoptive placement; and ``(B) recommendations for expanding the demonstration program and home study methodology to all States and Indian tribes.''; and (3) in section 205(b) (42 U.S.C. 5115(b)), by adding at the end the following: ``The Secretary may allocate such sums as the Secretary determines to be appropriate from the funds appropriated under subsection (a) for activities under sections 203(b)(12) and 203A.''.
National Adoption and Foster Care Home Study Act This bill amends the Child Abuse Prevention and Treatment Act and Adoption Reform Act of 1978 to direct the Department of Health and Human Services (HHS) to establish a demonstration program through which each participating state or Indian tribe: (1) adopts the uniform, research-based home study methodology developed by HHS for the evaluation of prospective foster parents and adoptive parents; and (2) provides data gathered through operation of the program to HHS, as HHS may require for purposes of the national database established by this bill. HHS shall: (1)  make grants to states and Indian tribes to enable and encourage them to establish demonstration programs, (2) establish a secure national database of home study reports, and (3) contract with an independent entity to carry out a periodic evaluation of the home study methodology developed by HHS and the demonstration programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Access for Investments in Startup Enterprises Act of 2015'' or the ``RAISE Act of 2015''. SEC. 2. EXEMPTED TRANSACTIONS. (a) Exempted Transactions.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(7) transactions meeting the requirements of subsection (d).''; (2) by redesignating the second subsection (b) (relating to securities offered and sold in compliance with Rule 506 of Regulation D) as subsection (c); and (3) by adding at the end the following: ``(d) Certain Accredited Investor Transactions.--The transactions referred to in subsection (a)(7) are transactions meeting the following requirements: ``(1) Accredited investor requirement.--Each purchaser is an accredited investor, as that term is defined in section 230.501(a) of title 17, Code of Federal Regulations (or any successor regulation). ``(2) Prohibition on general solicitation or advertising.-- Neither the seller, nor any person acting on the seller's behalf, offers or sells securities by any form of general solicitation or general advertising. ``(3) Information requirement.--In the case of a transaction involving the securities of an issuer that is neither subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to section 240.12g3-2(b) of title 17, Code of Federal Regulations, nor a foreign government (as defined in section 230.405 of title 17, Code of Federal Regulations) eligible to register securities under Schedule B, the seller and a prospective purchaser designated by the seller obtain from the issuer, upon request of the seller, and the seller in all cases makes available to a prospective purchaser, the following information (which shall be reasonably current in relation to the date of resale under this section): ``(A) The exact name of the issuer and the issuer's predecessor (if any). ``(B) The address of the issuer's principal executive offices. ``(C) The exact title and class of the security. ``(D) The par or stated value of the security. ``(E) The number of shares or total amount of the securities outstanding as of the end of the issuer's most recent fiscal year. ``(F) The name and address of the transfer agent, corporate secretary, or other person responsible for transferring shares and stock certificates. ``(G) A statement of the nature of the business of the issuer and the products and services it offers, which shall be presumed reasonably current if the statement is as of 12 months before the transaction date. ``(H) The names of the officers and directors of the issuer. ``(I) The names of any persons registered as a broker, dealer, or agent that shall be paid or given, directly or indirectly, any commission or remuneration for such person's participation in the offer or sale of the securities. ``(J) The issuer's most recent balance sheet and profit and loss statement and similar financial statements, which shall-- ``(i) be for such part of the 2 preceding fiscal years as the issuer has been in operation; ``(ii) be prepared in accordance with generally accepted accounting principles or, in the case of a foreign private issuer, be prepared in accordance with generally accepted accounting principles or the International Financial Reporting Standards issued by the International Accounting Standards Board; ``(iii) be presumed reasonably current if-- ``(I) with respect to the balance sheet, the balance sheet is as of a date less than 16 months before the transaction date; and ``(II) with respect to the profit and loss statement, such statement is for the 12 months preceding the date of the issuer's balance sheet; and ``(iv) if the balance sheet is not as of a date less than 6 months before the transaction date, be accompanied by additional statements of profit and loss for the period from the date of such balance sheet to a date less than 6 months before the transaction date. ``(K) To the extent that the seller is a control person with respect to the issuer, a brief statement regarding the nature of the affiliation, and a statement certified by such seller that they have no reasonable grounds to believe that the issuer is in violation of the securities laws or regulations. ``(4) Issuers disqualified.--The transaction is not for the sale of a security where the seller is an issuer or a subsidiary, either directly or indirectly, of the issuer. ``(5) Bad actor prohibition.--Neither the seller, nor any person that has been or will be paid (directly or indirectly) remuneration or a commission for their participation in the offer or sale of the securities, including solicitation of purchasers for the seller is subject to an event that would disqualify an issuer or other covered person under Rule 506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject to a statutory disqualification described under section 3(a)(39) of the Securities Exchange Act of 1934. ``(6) Business requirement.--The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person. ``(7) Underwriter prohibition.--The transaction is not with respect to a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution. ``(8) Outstanding class requirement.--The transaction is with respect to a security of a class that has been authorized and outstanding for at least 90 days prior to the date of the transaction. ``(e) Additional Requirements.-- ``(1) In general.--With respect to an exempted transaction described under subsection (a)(7): ``(A) Securities acquired in such transaction shall be deemed to have been acquired in a transaction not involving any public offering. ``(B) Such transaction shall be deemed not to be a distribution for purposes of section 2(a)(11). ``(C) Securities involved in such transaction shall be deemed to be restricted securities within the meaning of Rule 144 (17 CFR 230.144). ``(2) Rule of construction.--The exemption provided by subsection (a)(7) shall not be the exclusive means for establishing an exemption from the registration requirements of section 5.''. (b) Exemption in Connection With Certain Exempt Offerings.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) by redesignating the second subparagraph (D) and subparagraph (E) as subparagraphs (E) and (F), respectively; (2) in subparagraph (E), as so redesignated, by striking ``; or'' and inserting a semicolon; (3) in subparagraph (F), as so redesignated, by striking the period and inserting ``; or''; and (4) by adding at the end the following new subparagraph: ``(G) section 4(a)(7).''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.
Reforming Access for Investments in Startup Enterprises Act of 2015 or the RAISE Act of 2015 (Sec. 2) The Securities Act of 1933 is amended to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where: each purchaser is an accredited investor; neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising; the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information; the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer; neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor); the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction. Securities acquired in such exempt transactions shall be deemed to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements. All transactions under this Act shall be exempt from state regulation of securities offerings.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Congress Act''. SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF CONGRESS. (a) In General.--Notwithstanding any other provision of law, effective at the beginning of the Congress next beginning after the date of the enactment of this Act, a Member of Congress shall be ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System, except as otherwise provided under this section. (b) Participation in the Thrift Savings Plan.--Notwithstanding subsection (a), a Member may participate in the Thrift Savings Plan subject to section 8351 of title 5, United States Code, at anytime during the 12-year period beginning on the date the Member begins his or her first term. (c) Refunds of Contributions.-- (1) In general.--Nothing in subsection (a) shall prevent refunds from being made, in accordance with otherwise applicable provisions of law (including those relating to the Thrift Savings Plan), on account of an individual's becoming ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) as a result of the enactment of this section. (2) Treatment of refund.--For purposes of any refund referred to in paragraph (1), a Member who so becomes ineligible to participate in either of the retirement systems referred to in paragraph (1) shall be treated in the same way as if separated from service. (d) Annuities Not Affected to the Extent Based on Prior Service.-- Subsection (a) shall not be considered to affect-- (1) any annuity (or other benefit) entitlement to which is based on a separation from service occurring before the date of the enactment of this Act (including any survivor annuity based on the death of the individual who so separated); or (2) any other annuity (or benefit), to the extent provided under subsection (e). (e) Preservations of Rights Based on Prior Service.-- (1) In general.--For purposes of determining eligibility for, or the amount of, any annuity (or other benefit) referred to in subsection (d)(2) based on service as a Member of Congress-- (A) all service as a Member of Congress shall be disregarded except for any such service performed before the date of the enactment of this Act; and (B) all pay for service performed as a Member of Congress shall be disregarded other than pay for service which may be taken into account under subparagraph (A). (2) Preservation of rights.--To the extent practicable, eligibility for, and the amount of, any annuity (or other benefit) to which an individual is entitled based on a separation of a Member of Congress occurring after such Member becomes ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) by reason of subsection (a) shall be determined in a manner that preserves any rights to which the Member would have been entitled, as of the date of the enactment of this Act, had separation occurred on such date. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director (referred to in section 8401(13) of title 5, United States Code) with respect to matters within their respective areas of responsibility. (g) Definition.--As used in this section, the terms ``Member of Congress'' and ``Member'' mean any individual under section 8331(2) or 8401(20) of title 5, United States Code. (h) Rule of Construction.--Nothing in this section shall be considered to apply with respect to any savings plan or other matter outside of subchapter III of chapter 83 or chapter 84 of title 5, United States Code. SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT BENEFITS OF MEMBERS OF CONGRESS. (a) In General.--Section 105(a) of the Legislative Branch Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 78 Stat. 550) is amended by adding at the end the following new paragraph: ``(4) The Secretary of the Senate and the Clerk of the House of Representatives shall include in each report submitted under paragraph (1), with respect to Members of Congress, as applicable-- ``(A) the total amount of individual contributions made by each Member to the Civil Service Retirement and Disability Fund and the Thrift Savings Fund under chapters 83 and 84 of title 5, United States Code, for all Federal service performed by the Member as a Member of Congress and as a Federal employee; ``(B) an estimate of the annuity each Member would be entitled to receive under chapters 83 and 84 of such title based on the earliest possible date to receive annuity payments by reason of retirement (other than disability retirement) which begins after the date of expiration of the term of office such Member is serving; and ``(C) any other information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement.''. (b) Effective Date.--This section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF CONGRESS. The portion of the annuity of a Member of Congress which is based solely on service as a Member of Congress shall not be subject to a COLA adjustment under section 8340 or 8462 of title 5, United States Code. SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) Pay Adjustments.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (b) Conforming Amendment.--Section 601(a)(1) of such Act is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``, as adjusted by paragraph (2) of this subsection''. SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE. It shall not be in order in the Senate or the House of Representatives to dispose of any amendment, bill, resolution, motion, or other matter relating to the pay of Members of Congress unless the matter is decided by a rollcall vote. SEC. 7. TRAVEL AWARDS FROM OFFICIAL TRAVEL OF A MEMBER, OFFICER, OR EMPLOYEE OF THE HOUSE OF REPRESENTATIVES TO BE USED ONLY WITH RESPECT TO OFFICIAL TRAVEL. (a) In General.--Notwithstanding any other provision of law, or any rule, regulation, or other authority, any travel award that accrues by reason of official travel of a Member, officer, or employee of the House of Representatives may be used only with respect to official travel. (b) Regulations.--The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section. (c) Definitions.--As used in this section-- (1) the term ``travel award'' means any frequent flier mileage, free travel, discounted travel, or other travel benefit, whether awarded by coupon, membership, or otherwise; and (2) the term ``official travel'' means, with respect to the House of Representatives, travel performed for the conduct of official business of the House of Representatives. SEC. 8. BAN ON MASS MAILINGS. (a) In General.--Paragraph (6)(A) of section 3210(a) of title 39, United States Code, is amended to read as follows: ``(6)(A) It is the intent of Congress that a Member of, or Member- elect to, Congress may not mail any mass mailing as franked mail.''. (b) Technical and Conforming Amendments.-- (1) The second sentence of section 3210(c) of title 39, United States Code, is amended by striking ``subsection (a) (4) and (5)'' and inserting ``subsection (a) (4), (5), and (6)''. (2) Section 3210 of title 39, United States Code, is amended-- (A) in subsection (a)(3)-- (i) in subparagraph (G) by striking ``, including general mass mailings,''; and (ii) in subparagraphs (I) and (J) by striking ``or other general mass mailing''; (B) in subsection (a)(6) by repealing subparagraphs (B), (C), and (F), and the second sentence of subparagraph (D); (C) by repealing paragraph (7) of subsection (a); and (D) by repealing subsection (f). (3) Section 316(a) of the Legislative Branch Appropriations Act, 1990 (39 U.S.C. 3210 note) is repealed. (4) Subsection (f) of section 311 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(f)) is repealed. (c) Effective Date.--The amendments made by this section shall take effect at the beginning of the Congress next beginning after the date of the enactment of this Act. SEC. 9. RESTRICTIONS ON USE OF MILITARY AIR COMMAND BY MEMBERS OF CONGRESS. (a) Restrictions.-- (1) In general.--Chapter 157 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 2646. Restrictions on provision of air transportation to Members of Congress ``(a) Restrictions.--A Member of Congress may not receive transportation in an aircraft of the Military Air Command unless-- ``(1) the transportation is provided on a space-available basis as part of the scheduled operations of the military aircraft unrelated to the provision of transportation to Members of Congress; ``(2) the use of the military aircraft is necessary because the destination of the Member of Congress, or an airfield located within reasonable distance of the destination, is not accessible by regularly scheduled flights of commercial aircraft; or ``(3) the use of the military aircraft is the least expensive method for the Member of Congress to reach the destination by aircraft, as demonstrated by information released before the trip by the member or committee of Congress sponsoring the trip. ``(b) Destination.--In connection with transportation provided under subsection (a)(1), the destination of the military aircraft may not be selected to accommodate the travel plans of the Member of Congress requesting such transportation. ``(c) Aircraft Defined.--For purposes of this section, the term `aircraft' includes both fixed-wing airplanes and helicopters.''. (2) Technical and conforming amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``2646. Restrictions on provision of air transportation to Members of Congress.''. (b) Effect on Members Currently Receiving Transportation.--Section 2643 of title 10, United States Code, as added by subsection (a), shall not apply with respect to a Member of Congress who, as of the date of the enactment of this Act, is receiving air transportation or is scheduled to receive transportation in an aircraft of the Military Air Command until the Member completes the travel plans for which the transportation is being provided or scheduled. SEC. 10. PROHIBITION ON USE OF MILITARY MEDICAL TREATMENT FACILITIES BY MEMBERS OF CONGRESS. (a) Prohibition.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 1107. Prohibition on provision of medical and dental care to Members of Congress ``A Member of Congress may not receive medical or dental care in any facility of any uniformed service unless-- ``(1) the Member of Congress is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or ``(2) such care is provided on an emergency basis unrelated to the person's status as a Member of Congress.''. (2) Technical and conforming amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``1107. Prohibition on provision of medical and dental care to Members of Congress.''. (b) Effect on Members Currently Receiving Care.--Section 1107 of title 10, United States Code, as added by subsection (a), shall not apply with respect to a Member of Congress who is receiving medical or dental care in a facility of the uniformed services on the date of the enactment of this Act until the Member is discharged from that facility. SEC. 11. ELIMINATION OF CERTAIN RESERVED PARKING AREAS AT WASHINGTON NATIONAL AIRPORT AND WASHINGTON DULLES INTERNATIONAL AIRPORT. (a) In General.--Effective 30 days after the date of the enactment of this section, the Airports Authority-- (1) shall not provide any reserved parking areas free of charge to Members of Congress, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport; and (2) shall establish a parking policy for such airports that provides equal access to the public, and does not provide preferential parking privileges to Members of Congress, other Government officials, or diplomats. (b) Definitions.--As used in this section, the terms ``Airports Authority'', ``Washington National Airport'', and ``Washington Dulles International Airport'' have the same meanings as in section 6004 of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2453).
Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.
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SECTION 1. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS JOINT EXECUTIVE COMMITTEE. (a) Establishment of Joint Committee.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 320. Department of Veterans Affairs-Department of Defense Joint Executive Committee ``(a) Joint Executive Committee.--(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the `Committee'). ``(2) The Committee is composed of-- ``(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate; and ``(B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate. ``(b) Administrative Matters.--(1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. ``(2) The two Departments shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee, including a subordinate Health Executive Committee, a subordinate Benefits Executive Committee, and such other committees or working groups as considered necessary by the Deputy Secretary and Under Secretary. ``(c) Recommendations.--(1) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts. ``(2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate. ``(d) Functions.--In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: ``(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments. ``(2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees and their families through an enhanced Department of Veterans Affairs and Department of Defense partnership. ``(3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department. ``(4) Review the plans of both Departments for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources. ``(5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``320. Department of Veterans Affairs-Department of Defense Joint Executive Committee.''. (b) Conforming Amendments.--(1) Subsection (c) of section 8111 of such title is repealed. (2) Such section is further amended-- (A) in subsection (b)(2), by striking ``subsection (c)'' and inserting ``section 320 of this title''; (B) in subsection (d)(1), by striking ``Committee established in subsection (c)'' and inserting ``Department of Veterans Affairs-Department of Defense Joint Executive Committee''; (C) in subsection (e)(1), by striking ``Committee under subsection (c)(2)'' and inserting ``Department of Veterans Affairs-Department of Defense Joint Executive Committee with respect to health care resources''; and (D) in subsection (f)(2), by striking subparagraphs (B) and (C) and inserting the following: ``(B) The assessment of further opportunities identified by the Department of Veterans Affairs-Department of Defense Joint Executive Committee under subsection (d)(3) of section 320 of this title for the sharing of health-care resources between the two Departments. ``(C) Any recommendation made by that committee under subsection (c)(2) of that section during that fiscal year.''. (c) Technical Amendments.--Subsection (f) of such section is further amended by inserting ``(Public Law 107-314)'' in paragraphs (3), (4)(A), (4)(B), and (5) after ``for Fiscal Year 2003''. (d) Effective Date.--(1) If this Act is enacted before October 1, 2003-- (A) section 320 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2003; and (B) the amendments made by subsections (b) and (c) shall take effect on October 1, 2003, immediately after the amendment made by section 721(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 2589). (2) If this Act is enacted on or after October 1, 2003, the amendments made by this section shall take effect on the date of the enactment of this Act. Passed the House of Representatives May 21, 2003. Attest: JEFF TRANDAHL, Clerk.
Establishes an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee to: (1) recommend to the Secretary of each department strategic direction for joint health-care resources coordination and sharing efforts between and within such departments; and (2) oversee implementation of those efforts.
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SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as ``Fire Safe Cigarette Act of 1994''. (b) Findings.--The Congress finds that-- (1) cigarette ignited fires are the leading cause of fire deaths in the United States, (2) in 1990 there were 1,200 deaths from cigarette ignited fires, 3,360 civilian injuries from such fires, and $400 million in property damage caused by such fires, (3) over 100 children are killed each year from cigarette related fires, (4) the results accomplished under the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990 complete the necessary technical work for a cigarette fire safety standard, (5) it is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes, (6) the most recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,000,000,000 a year, and (7) it is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 2. CIGARETTE FIRE SAFETY STANDARD. (a) In General.--Not later than one year after the date of the enactment of this Act, the Consumer Product Safety Commission shall by rule issue a cigarette fire safety standard for cigarettes to reduce the risk of ignition presented by cigarettes. In establishing the standard the Commission shall-- (1) consult with the National Institute of Standards and Technology and make use of its capabilities as it deems necessary and seek the advice and expertise of other Federal and State agencies engaged in fire safety, and (2) take into account the final report to the Congress made by the Commission and the Technical Advisory Group established under section 3 of the Fire Safe Cigarette Act of 1990 in which it was found that cigarettes with a low ignition propensity are already on the market. (b) Stockpiling.--The Commission shall include in the rule issued under subsection (a) a prohibition of stockpiling of cigarettes to which the standard issued under subsection (a) will not apply. For purposes of this subsection, the term ``stockpile'' means the manufacturing or importing of a cigarette between the date a standard is issued under subsection (a) and the date the standard is to take effect at a rate greater than the rate the cigarettes were manufactured or imported for the one year period ending on the date the standard was issued. (c) Procedure.--The rule under subsection (a) shall be issued in accordance with section 553 of title 5, United States Code. (d) Effective Date.--The Commission shall prescribe the effective date of the rule issued under subsection (a), except that such date may not be later than 2 years after the date of the enactment of this Act. (e) Judicial Review.-- (1) General rule.--Any person who is adversely affected by a rule issued under subsection (a) may, at any time before the 60th day after the Commission issues the rule, file a petition with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or has its principal place of business to obtain judicial review of the rule. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Commission shall file in the court the record of the proceedings on which the Commission based the rule as provided in section 2112 of title 28, United States Code. (2) Additional evidence.--If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission in a hearing or in such other manner, and upon such terms and conditions, as the court deems proper. The Commission may modify the Commission's findings as to the facts, or make new findings, by reason of the additional evidence so taken, and the Commission shall file such modified or new findings, and the Commission's recommendations, if any, for the modification of the rule. (3) Court jurisdiction.--Upon the filing of a petition under paragraph (1), the court shall have jurisdiction to review the rule of the Commission, as modified, in accordance with chapter 7 of title 5, United States Code. SEC. 3. ENFORCEMENT. (a) Prohibition.--No person may manufacture or import a cigarette unless the cigarette is in compliance with a cigarette fire safety standard issued under section 2(a). (b) Penalty.--A violation of subsection (a) shall be considered a violation of section 19 of the Consumer Product Safety Act. SEC. 4. PREEMPTION. (a) In General.--This Act and the cigarette fire safety standard promulgated under section 2(a) do not preempt or otherwise affect in any way any law of a State or political subdivision which prescribes a fire safety standard for cigarettes which is more stringent than the standard promulgated under section 2(a). (b) Defenses.--In any civil action for damages compliance with the fire safety standard promulgated under section 2(a) may not be admitted as a defense. SEC. 5. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Consumer Product Safety Commission. (2) The term ``cigarette'' has the meaning prescribed by section 3 of the Federal Cigarette Labeling and Advertising Act.
Fire Safe Cigarette Act of 1994 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with such standard. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Foreclosure Prevention and Mortgage Modification Act''. SEC. 2. SYSTEMATIC FORECLOSURE PREVENTION AND MORTGAGE MODIFICATION PLAN ESTABLISHED. (a) In General.--The Chairperson of the Federal Deposit Insurance Corporation shall establish a systematic foreclosure prevention and mortgage modification program by-- (1) paying servicers $1,000 to cover expenses for each loan modified according to the required standards; and (2) sharing up to 50 percent of any losses incurred if a modified loan should subsequently re-default. (b) Program Components.--The program established under subsection (a) shall include the following components: (1) Eligible borrowers.--The program shall be limited to loans secured by owner-occupied properties. (2) Exclusion for early payment default.--To promote sustainable mortgages, government loss sharing shall be available only after the borrower has made a minimum of 6 payments on the modified mortgage. (3) Standard net present value test.--In order to promote consistency and simplicity in implementation and audit, a standard test comparing the expected net present value of modifying past due loans compared to the net present value of foreclosing on them will be applied. Under this test, standard assumptions shall be used to ensure that a consistent standard for affordability is provided based on a 31 percent borrower mortgage debt-to-income ratio. (4) Systematic loan review by participating servicers.-- Participating servicers shall be required to undertake a systematic review of all of the loans under their management, to subject each loan to a standard net present value test to determine whether it is a suitable candidate for modification, and to modify all loans that pass this test. The penalty for failing to undertake such a systematic review and to carry out modifications where they are justified would be disqualification from further participation in the program until such a systematic program was introduced. (5) Modifications.--Modifications may include any of the following: (A) Reduction in interest rates and fees. (B) Forbearance of principal. (C) Extension of the term to maturity. (D) Other similar modifications. (6) Reduced loss share percentage for ``underwater loans''.--For loan-to-value ratios above 100 percent, the government loss share shall be progressively reduced from 50 percent to 20 percent as the current loan-to-value ratio rises, except that loss sharing shall not be available if the loan-to- value ratio of the first lien exceeds 150 percent. (7) Simplified loss share calculation.--In order to ensure the administrative efficiency of this program, the calculation of loss share basis would be as simple as possible. In general terms, the calculation shall be based on the difference between the net present value, as defined by the Chairperson of the Federal Deposit Insurance Corporation, of the modified loan and the amount of recoveries obtained in a disposition by refinancing, short sale, or real estate owned sale, net of disposal costs as estimated according to industry standards. Interim modifications shall be allowed. (8) De minimis test.--To lower administrative costs, a de minimis test shall be used to exclude from loss sharing any modification that does not lower the monthly payment at least 10 percent. (9) 8-year limit on loss sharing payment.--The loss sharing guarantee shall terminate at the end of the 8-year period beginning on the date the modification was consummated. (c) Regulations.--The Corporation shall prescribe such regulations as may be necessary to implement this Act and prevent evasions thereof. (d) Troubled Assets.--The costs incurred by the Federal Government in carrying out the loan modification program established under this section shall be covered out of the funds made available to the Secretary of the Treasury under section 118 of the Emergency Economic Stabilization Act of 2008. (e) Modifications to Program.--The Chairperson of the Federal Deposit Insurance Corporation may make any modification to the program established under subsection (a) that the Chairperson determines are appropriate for the purpose of maximizing the number of foreclosures prevented. (f) Report.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Chairperson of the Federal Deposit Insurance Corporation shall submit a progress report to the Congress containing such findings and such recommendations for legislative or administrative action as the Chairperson may determine to be appropriate.
Systematic Foreclosure Prevention and Mortgage Modification Act - Directs the Chairperson of the Federal Deposit Insurance Corporation (FDIC) to establish a systematic foreclosure prevention and mortgage modification program by: (1) paying mortgage servicers $1,000 to cover expenses for each loan modified according to specified standards; and (2) sharing up to 50% of any losses incurred if a modified loan should subsequently re-default.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Fifth Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches); ``(V) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(VI) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VII) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VIII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States; ``(IX) section 597 of title 18 (expenditures to influence voting); ``(X) section 599 of title 18 (promise of appointment by candidate); ``(XI) section 602 of title 18 (solicitation of political contributions); ``(XII) section 606 of title 18 (intimidation to secure political contributions); ``(XIII) section 607 of title 18 (place of solicitation); ``(XIV) section 641 of title 18 (public money, property or records); ``(XV) section 1001 of title 18 (statements or entries generally); ``(XVI) section 1341 of title 18 (frauds and swindles); ``(XVII) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVIII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XIX) section 1951 of title 18 (interference with commerce by threats or violence); ``(XX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XXI) section 1962 of title 18 (prohibited activities); or ``(XXII) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Fifth Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''. Passed the House of Representatives September 26, 1996. Attest: ROBIN H. CARLE, Clerk.
Congressional Pension Forfeiture Act of 1996 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of specified offenses committed while a Member during the 105th Congress or later, if the conduct on which the offense is based is directly related to the individual's service as a Member, shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Includes among such offenses: (1) bribery of public officials and witnesses; (2) defrauding the United States; (3) making prohibited expenditures to influence voting; and (4) committing perjury in falsely denying the commission of such an offense. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employee's Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
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SECTION 1. REQUIREMENT FOR POST-DELIVERY FOLLOW-UP CARE FOR EARLY HOSPITAL DISCHARGES AFTER CHILDBIRTH. (a) Public Health Service Act Amendment.-- (1) Group health coverage.--Section 2704(a) of the Public Health Service Act (42 U.S.C. 300gg-4(a)) is amended-- (A) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (B) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (2) Application to individual health insurance coverage.-- The amendments made by paragraph (1) apply to health insurance coverage in the individual market under section 2751(a) of the Public Health Service Act (42 U.S.C. 300gg-51). (b) ERISA Amendments.--Section 711(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended-- (1) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (2) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (c) Internal Revenue Code of 1986 Amendment.--Section 9811 of the Internal Revenue Code of 1986, as inserted by section 1531(a)(4) of the Taxpayer Relief Act of 1997, is amended-- (1) in paragraph (2), by striking ``Paragraph'' and inserting ``Subject to paragraph (3), paragraph'', and (2) by adding at the end the following new paragraph: ``(3) Requiring coverage of post-delivery follow-up care.-- ``(A) In general.--In the case of a decision described in paragraph (2) (relating to early discharge), the group health plan or health insurance issuer offering the coverage shall provide coverage for timely post-delivery care in any of the following settings (as selected by the mother): the mother's home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (which may include a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary. ``(B) Timely care.--For purposes of subparagraph (A), the term `timely post-delivery care' means health care that is provided-- ``(i) to a mother and her newborn child following the discharge of a mother and her newborn child from the hospital; ``(ii) by a registered nurse, physician (as defined in section 1861(r)(1) of the Social Security Act), nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health, as selected by the mother; and ``(iii) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within 72 hours following discharge. ``(C) Consistency with state law.--The Secretary shall, with respect to regulations promulgated under to carry out this paragraph and concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws.''. (d) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to-- (A) group health plans, and health insurance coverage offered in connection with group health plans, for plan years beginning after January 1, 1999; and (B) health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after such date. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed under an amendment made by this Act shall not be treated as a termination of such collective bargaining agreement.
Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that, when an attending provider and the mother decide to discharge the mother or her newborn prior to specified minimum inpatient periods following delivery, the group health plan or insurer offering coverage provide coverage for timely post-delivery care in any of specified settings, as selected by the mother. Applies the requirement to coverage in the individual market under specified provisions of the PHSA.
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SECTION 1. CREDIT FOR INTEREST ON EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.--The credit allowed by subsection (a) for the taxable year shall not exceed $300. ``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.-- ``(1) Taxpayer and taxpayer's spouse.--Except as provided in paragraph (2), a credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 48 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and refinancings of such loans shall be treated as one loan. ``(2) Dependent.--If the qualified education loan was used to pay education expenses of an individual other than the taxpayer of the taxpayer's spouse, a credit shall be allowed under this section for any taxable year with respect to such loan only if a deduction under section 151 with respect to such individual is allowed to the taxpayer for such taxable year. ``(e) Phaseout of Benefit.-- ``(1) In general.--The amount of interest which would (but for this subparagraph) be taken into account under paragraph (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such interest as the excess of the taxpayer's adjusted gross income for such taxable year over the applicable dollar amount bears to phaseout range. ``(2) Applicable dollar amount; phaseout range.--For purposes of subparagraph (1)-- ``(A) in the case of a return of an unmarried individual, the applicable dollar amount is $40,000 and the phaseout range is $15,000, ``(B) in the case of joint return, the applicable dollar amount is $60,000 and the phaseout range is $30,000, and ``(C) in the case of a married individual filing a separate return, the applicable dollar amount is $30,000 and the phaseout range is $15,000. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, (section 1087ll of title 20 United States Code), 20 U.S.C. 1087 11, as in effect on the day before the date of enactment of this Act) of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer at an eligible educational institution. For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(g) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Optional Deduction for Interest on Education Loans.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any interest paid on a qualified education loan (as defined in section 23(f)) during the period described in section 23(d) and subject to the income limitations described in section 23(e), unless a credit or deduction is taken with respect to such interest under any other provisions of this chapter, and''. (c) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 22 the following new item: ``Section 23. Interest on education loans.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993, but only with respect to loans the first required payment on which is after such date.
Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300. Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student. Reduces interest by the amount bearing the same ratio to the interest as the excess of adjusted gross income over the applicable dollar amount bears to the phaseout range. Establishes applicable dollar amounts and phaseout ranges. Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Employee Housing Program Act of 1994''. SEC. 2. REQUIREMENTS REGARDING PROVISION OF HOUSING TO EMPLOYEES. The Secretary of the Interior (in this Act referred to as the ``Secretary''), acting through the Director of the National Park Service, shall, in accordance with this Act and section 5911 of title 5, United States Code-- (1) provide housing to employees of the National Park Service only when and where such housing is necessary and justified; and (2) ensure that such housing, if necessary and justified, is available and adequate. SEC. 3. REVIEW AND REVISION OF HOUSING CRITERIA. (a) In General.--Upon the enactment of this Act, the Secretary shall review and revise the existing criteria under which housing is provided to employees of the National Park Service. The review and revision shall include consideration of the following criteria: (1) Required occupancy (whether and under what circumstances the Park Service requires, as a condition of employment, that an employee live at a particular site or in a specific geographic area). For each instance in which occupancy is required, full consideration shall be given to the concept of adequate response time. (2) Availability and adequacy of non-Federal housing in the geographic area, including consideration of the degree of isolation (the time and distance that separate other potential housing from the workplace of a Park Service employee). (3) Category of employment (seasonal or permanent). (4) Any other factor that the Secretary considers appropriate. (b) Submission of Report.--A report detailing the results of the revisions required by subsection (a) shall be submitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 180 days after the date of the enactment of this Act. The report shall include justifications for keeping, or for changing, each of the criteria or factors used by the Department of the Interior with regard to the provision of housing to employees of the National Park Service. SEC. 4. REVIEW OF CONDITION OF AND COSTS RELATING TO HOUSING. (a) In General.--Using the revised criteria developed under section 3, the Secretary shall undertake a review, for each unit of the National Park System, of existing government-owned housing provided to employees of the National Park Service. The review shall include an assessment of the physical condition of such housing and the suitability of such housing to effectively carry out the missions of the Department of the Interior and the National Park Service. For each unit of such housing, the Secretary shall determine whether the unit is needed and justified. The review shall include estimates of the cost of bringing each such unit that is needed and justified into usable condition that meets all applicable legal housing requirements or, if the unit is determined to be obsolete but is still warranted to carry out the missions of the Department of the Interior and the National Park Service, the cost of replacing the unit. (b) Submission of Report and Proposed Plan.--The Secretary shall submit a report detailing the results of the review required by subsection (a), and a proposed plan to meet the housing needs of employees of the National Park Service, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 1 year after the date of the enactment of this Act. SEC. 5. ALTERNATIVES TO MEET HOUSING NEEDS. (a) Authorization for Housing Agreements.--For those units of the National Park Service for which the review required by section 4 has been completed, the Secretary is authorized to enter into housing agreements with housing entities under which such housing entities may develop, construct, rehabilitate, or manage housing, located on or off public lands, for rent or lease to National Park Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this Act. In entering such housing agreements, the Secretary may guarantee to such entities a reasonable rate of occupancy of rental units. The authority granted by this subsection is in addition to the authorities of the Secretary to acquire or construct housing for employees of the National Park Service using appropriated funds. (b) Limitation on Placement of Housing.--Housing made available on public lands pursuant to subsection (a) shall be located only in areas designated for administrative use. (c) Prohibition of Aquisition Without Consent.--No private lands, or interests therein, located outside the boundaries of a Federally administered area may be acquired pursuant to this Act without the consent of the owner thereof. (d) Study Regarding Housing Allowances.--The Secretary shall undertake a study to determine the feasibility of providing eligible employees of the National Park Service with housing allowances rather than government housing. If the Secretary finds, pursuant to the study, that the provision of such allowances would be beneficial to the Federal Government, the Secretary is authorized to institute a program for the provision of the allowances, subject to the availability of funds. (e) Definition.--For purposes of this section, the term ``housing entity'' means an individual who, or a public or private corporation or organization that, the Secretary finds is qualified to provide and capable of providing housing. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
National Park Service Employee Housing Program Act of 1994 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to: (1) provide housing to employees of the National Park Service (Service) only when and where such housing is necessary and justified; and (2) ensure that such housing is available and adequate. Requires the Secretary to: (1) review and revise the existing criteria under which housing is provided to Service employees; (2) use the revised criteria to undertake a review of the physical condition and suitability of existing federally-owned housing provided to Service employees for each National Park System (NPS) unit; and (3) report to specified congressional committees on the review and on a plan to meet employee housing needs. Authorizes the Secretary to enter into housing agreements with housing entities concerning the reviewed NPS units under which the entities may develop, construct, rehabilitate, or manage housing located on or off public lands in areas designated for administrative use for rent or lease to Service employees who meet this Act's housing eligibility criteria. Prohibits the acquisition of private lands pursuant to this Act without the owner's consent. Requires the Secretary to undertake a study to determine the feasibility of providing eligible Service employees with housing allowances rather than Federal housing. Authorizes the Secretary to institute a program for the provision of the allowances, subject to the availability of funds, if it would be beneficial to the Government. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act''. SEC. 2. COMPREHENSIVE STRATEGY AND IMPLEMENTATION PLAN FOR DHS OPERATIONS ABROAD. (a) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive five-year strategy for existing and future international programs. (2) Contents.--The strategy required under paragraph (1) shall include, at a minimum, the following: (A) Specific Department of Homeland Security strategic risk-based priorities for implementing international programs. (B) A risk-based method for determining whether to establish new international programs or expand existing international programs to new locations, given resource constraints. (C) A mechanism to ensure alignment of resource allocations on international programs with the highest Department-wide and Government-wide strategic priorities. (D) A common reporting framework for the submission of reliable, comparable cost data by components of the Department on overseas expenditures attributable to international programs. (3) Considerations.--In developing the strategy required under paragraph (1), the Secretary of Homeland Security shall consider, at a minimum, the following: (A) Existing operations of international programs, together with specific information on the locations in which each such program operates. (B) The number of Department personnel deployed to each location at which an international program referred to in subparagraph (A) is in operation during the current and preceding fiscal year. (C) Analysis of the impacts of each international program on domestic operations of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, as the case may be, including staffing levels and the availability of resources. (D) Analysis of opportunities and barriers to a regional approach and coordination with partner governments on international law enforcement efforts abroad in line with Department-wide and United States Government-wide priorities. (E) Analysis of barriers to international program expansion. (F) Relevant Department strategy documents, including the Quadrennial Homeland Security Review and component strategies. (b) Implementation Plans.-- (1) In general.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, on an annual basis, an implementation plan based on the strategy required under subsection (a) for the following fiscal year. Each such plan shall be submitted with the President's budget request for the next fiscal year through fiscal year 2022, except that the first such plan may be submitted together with the President's budget request for the next fiscal year or 180 days after submission of the strategy, whichever is later. (2) Contents.--Each implementation plan required under paragraph (1) shall include, at a minimum, the following: (A) Information, specified on a location-by- location basis, on each international program, including an explanation of program goals and requirements. (B) Information on planned deployments of Department personnel for each international program referred to in subparagraph (A), specified on a location-by-location basis, together with an accounting of resource and personnel allocation required per program per location. (C) A plan to ensure Department personnel deployed at locations outside the United States have appropriate oversight and support to ensure performance in support of program and departmental goals. (D) Mechanisms for cross-component operations, coordination, and communication abroad. (3) Format.--The implementation plan required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if the Secretary of Homeland Security determines that such is appropriate. SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION STAFFING EXPANSION. (a) In General.--The Commissioner of U.S. Customs and Border Protection shall-- (1) by not later than September 30, 2017, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2016; and (2) by not later than September 30, 2018, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2017. (b) Periodic Reporting.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 4. VISA SECURITY PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding, by not later than five years after the date of the enactment of this Act, the Visa Security Program in a risk- based manner to not fewer than 50 United States diplomatic and consular posts that issue visas. Such a plan shall include a prioritized list of such visa issuing posts based on the following: (1) Risk and volume. (2) The number of personnel necessary to operate each such post. (3) The expected costs of establishing and operating each such post. (4) Any potential security concerns regarding each such post. (b) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 5. PRE-ADJUDICATED THREAT RECOGNITION AND INTELLIGENCE OPERATIONS TEAM (PATRIOT) PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for deploying the Department of Homeland Security's Pre- Adjudicated Threat Recognition and Intelligence Operations Team (PATRIOT) program to not fewer than 50 United States diplomatic and consular posts that issue visas, based on risk and volume, the minimum number of personnel necessary to operate each such post, the estimated costs of establishing and operating each such post, any potential security concerns for each such post, and anticipated timelines for deployment. Such plan shall include, at a minimum, the locations of visa issuing posts to be covered, an accounting of the technology, infrastructure, and personnel necessary to carry out deployment and operation of the PATRIOT program at such posts, and the estimated costs to deploy and operate such program. (b) Implementation.--The Secretary of Homeland Security shall implement the plan required under subsection (a) to ensure the PATRIOT program referred to in such subsection is being utilized to vet all visa applications, to the maximum extent practicable, at each United States diplomatic and consular post that issues visas to which such program has been expanded. (c) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of this section, including information on any impediments to such implementation. SEC. 6. IMMIGRATION COOPERATION PROGRAM AUTHORIZATION. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 is amended by inserting after section 415 the following new section: ``SEC. 416. IMMIGRATION COOPERATION PROGRAM. ``There is established within U.S. Customs and Border Protection a program to be known as the `Immigration Cooperation Program'. Under such Program, U.S. Customs and Border Protection Officers, pursuant to an arrangement with a foreign country, may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to the security of the United States.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 415 the following new item: ``Sec. 416. Immigration Cooperation Program.''. SEC. 7. INTERNATIONAL TRUSTED TRAVELER PROGRAMS MODERNIZATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding participation in trusted traveler programs administered by U.S. Customs and Border Protection. Such plan shall include the following: (1) A strategy for increasing outreach to and awareness among the members of the traveling public regarding trusted traveler programs, requirements, and benefits. (2) An analysis of any barriers to expansion of trusted traveler programs. (3) An assessment of possible impacts on U.S. Customs and Border Protection staffing and resource requirements as a result of increased participation in trusted traveler programs. (4) An assessment of measures utilized to address potential risks or vulnerabilities of trusted traveler programs, including resulting from increased enrollment. (5) An analysis of the facilitation and security benefits from increased participation in trusted traveler programs. SEC. 8. SECURITY VETTING FOR NONIMMIGRANT VISAS EVALUATION. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the adequacy and appropriateness of the security screening process for each United States nonimmigrant visa category. Such review shall include the processes for determining visa eligibility, including security screening and background checks, and coordination among relevant agencies. SEC. 9. DEFINITION. In this Act, the term ``international program'' means an international program or operation of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement targeted at vetting and screening persons seeking to enter the United States in which Department of Homeland Security personnel and resources are deployed abroad. SEC. 10. AUTHORIZATION OF FUNDING. There is authorized to be appropriated $250,000,000 for each of fiscal years 2017 and 2018 to carry out this Act and the amendment made by this Act.
Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act This bill requires the Department of Homeland Security (DHS) to report to Congress: a comprehensive five-year strategy for international programs or operations of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement that are targeted at vetting and screening persons seeking to enter the United States and in which DHS personnel and resources are deployed abroad; annually with the President's budget request for each fiscal year through FY2022, an implementation plan based on such strategy; a plan for expanding, within five years, the Visa Security Program in a risk-based manner, and a plan for deploying the Pre-Adjudicated Threat Recognition and Intelligence Operations Team program, to at least 50 U.S. diplomatic and consular posts that issue visas; and a plan for expanding participation in trusted traveler programs. CBP shall increase the numbers of CBP officers and Agriculture Specialists for each of FY2017-FY2018. The bill amends the Homeland Security Act of 2002 to establish within CBP the Immigration Cooperation Program, under which CBP may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to U.S. security. The Government Accountability Office shall review and report on the adequacy and appropriateness of the security screening process for each U.S. nonimmigrant visa category.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Ag Science Center Act of 2007''. SEC. 2. DESIGNATION OF NATIONAL AG SCIENCE CENTER IN STANISLAUS COUNTY, CALIFORNIA. (a) Findings.--Congress finds that-- (1) the State of California is a preeminent producer of more than 350 different agricultural commodities, including-- (A) more than 90 percent of all of the tomatoes and grapes produced in the United States; (B) all of the commercial almonds, dates, figs, olives, cling peaches, prunes, and raisins produced in the United States; and (C) 1 out of every 5 glasses of milk consumed in the United States; (2) California is the leading State in terms of agricultural exports, annually shipping more than $7,000,000,000 in agricultural commodities around the world; (3) the total investment by the 78,500 farms in the State of California, in terms of direct and indirect economic impact, is staggering; (4) if California intends to keep its agricultural industry strong and vibrant, the State must focus on the needs of farmers who are valuable contributors to the economic, social, and cultural life of the State and the United States; (5) since 1945, agricultural land has been rapidly disappearing across California, as soil erosion, urbanization, the growth of deserts, and salinization have all contributed to loss of productive farmland; (6) if those trends continue, California will no longer be able to supply food for its population, let alone the United States, and will be unable to export food to the rest of the world; (7) as people in the United States grow more and more detached from the great agrarian history of the United States, fewer of those people understand the fundamental importance of agriculture to society in the United States; (8) educating young people in the United States about agriculture and its importance to the United States is an investment that will pay off in future benefits; (9) greater public understanding and appreciation of the importance of agriculture to California, the United States, and the world is needed to secure a positive future, in which the United States can rely on healthy food that is produced domestically; (10) citizens of all ages, especially youth, must play a meaningful, hands-on role in determining the future of California agriculture; (11) as planners, conservationists, and other interested persons around the State of California organize to help protect agricultural resources, the proposed National Ag Science Center in Stanislaus County, California, is preparing to educate and alert future generations about the need to preserve agricultural land and to foster an understanding of the importance of agriculture; (12) the mission of the National Ag Science Center will be to provide exciting and fun agricultural learning opportunities and resources in order-- (A) for young people to learn how a vibrant agricultural economy is necessary for a vibrant society; (B) to prepare young people for career and leadership opportunities in agriculture; and (C) to ensure a bright future for all aspects of the agriculture industry; (13) according to findings of the Center for Public Policy Studies at California State University, Stanislaus, the National Ag Science Center will create or support up to 359 new local jobs, create or support up to $57,500,000 in economic activity and $15,200,000 in labor income through construction of the new facility, generate as much as $8,500,000 in total annual economic activity, and result in as much as $3,400,000 in total annual labor income; (14) on September 14, 2005, the Yosemite Community College District Board, in Stanislaus County, California, voted unanimously to approve the dedication of a 3.5 acre site on the West Campus of Modesto Community College for the National Ag Science Center; and (15) establishment of the National Ag Science Center is in the national interest, as the proposed Center will enable future generations to help ensure a healthy and profitable place for agriculture in the economy of California and the United States. (b) Designation.-- (1) In general.--The facility under development by the Stanislaus Ag Center Foundation, in Stanislaus County, California, shall be known and designated as the ``National Ag Science Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility under development referred to in paragraph (1) shall be deemed to be a reference to the National Ag Science Center.
National Ag Science Center Act of 2007 - Designates the facility under development by the Stanislaus Ag Center Foundation in Stanislaus county, California, as the "National Ag Science Center."
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SECTION 1. ASSIGNMENT OR ALIENATION OF PENSION PLANS FOR PAYMENT OF CRIMINAL FINES AND VICTIM RESTITUTION. (a) Amendments to ERISA.-- (1) In general.--Section 206(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)) is amended by adding at the end the following new paragraph: ``(4)(A) Paragraph (1) shall not apply to a qualified criminal restitution order and each pension plan shall provide for payments in accordance with the applicable requirements of a qualified criminal restitution order. ``(B) For purposes of this paragraph, the term `qualified criminal restitution order' means a judgment, order, or decree-- ``(i) which is issued by a Federal or State court in connection with a criminal conviction of a participant under a plan, ``(ii) which imposes a criminal fine on the participant or which requires the participant to make restitution to 1 or more victims of the crime for which convicted, ``(iii)(I) which creates or recognizes a right to attach all or a portion of the benefits payable with respect to the participant under a plan, or ``(II) which creates or recognizes the existence of a victim's right to, or assigns to a victim the right to, receive all or a part of those benefits, and ``(iv) with respect to which the requirements of subparagraphs (C) and (D) of paragraph (3) are met (determined after application of paragraph (3)(E)), except that in applying such subparagraphs, the term `criminal restitution order' shall be substituted for the term `domestic relations order'. ``(C) The requirements of subparagraphs (G), (H), and (I) of paragraph (3) shall apply to any plan administrator or fiduciary of a plan to which this paragraph applies. ``(D) Rules similar to the rules of subparagraph (J) and (N) of paragraph (3) shall apply for purposes of this paragraph.'' (2) Preemption.--Paragraph (7) of section 514(b) of such Act (29 U.S.C. 1144(b)(7)) is amended by inserting ``or to qualified criminal restitution orders (within the meaning of section 206(d)(3)(B))'' before the period at the end. (b) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Paragraph (13) of section 401(a) of the Internal Revenue Code of 1986 (relating to assignment of benefits) is amended by adding at the end the following new subparagraph: ``(C) Special rules for criminal restitution orders.--Subparagraph (A) shall not apply to a qualified criminal restitution order (within the meaning of section 414(u)).'' (2) Qualified criminal restitution order.--Section 414 of such Code is amended by adding at the end the following new subsection: ``(u) Qualified Criminal Restitution Order.--For purposes of this title-- ``(1) In general.--The term `qualified criminal restitution order' means a judgment, order, or decree-- ``(A) which is issued by a Federal or State court in connection with a criminal conviction of a participant under a plan, ``(B) which imposes a criminal fine on the participant or which requires the participant to make restitution to 1 or more victims of the crime for which convicted, ``(C)(i) which creates or recognizes a right to attach all or a portion of the benefits payable with respect to the participant under a plan, or ``(ii) which creates or recognizes the existence of a victim's right to, or assigns to a victim the right to, receive all or a part of those benefits, and ``(D) with respect to which the requirements of paragraphs (2) and (3) of subsection (p) are met (determined after application of subsection (p)(4)), except that in applying such paragraphs, the term `criminal restitution order' shall be substituted for the term `domestic relations order'. ``(2) Plan and fiduciary.--The provisions of paragraphs (6) and (7) of subsection (p) shall apply to any plan administrator or fiduciary of a plan to which this paragraph applies. ``(3) Special rules.--Rules similar to the rules of paragraphs (9), (10), (11), and (12) of subsection (p) shall apply for purposes of this subsection.'' (3) Tax treatment of distributions.-- (A) Section 402(e)(1) is amended by adding the end the following new subparagraph: ``(C) Criminal restitution orders.--Rules similar to the rules of subparagraphs (A) and (B) shall apply to payments or distributions to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'' (B) Section 72(m)(10) is amended-- (i) by adding at the end the following new sentence: ``The preceding sentence shall also apply to payments or distributions made to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'', and (ii) by inserting ``or qualified criminal restitution orders'' after ``orders'' in the heading. (C) Subparagraph (J) of section 402(d)(4) is amended by adding at the end the following new sentence: ``This subparagraph shall also apply to any distributions or payments to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'' (c) Effective Date.--The amendments made by this section shall apply to qualified criminal restitution orders issued on and after the date of the enactment of this Act.
Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to provide that certain restrictions on the assignment or alienation of pension plan benefits shall not apply to court-ordered criminal fines or victim restitution.
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SECTION 1. 15-YEAR RECOVERY PERIOD FOR DEPRECIATION OF DESIGNATED LOW- INCOME BUILDINGS. (a) In General.--Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-year property) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any designated low-income building.'' (b) Designated Low-Income Building.--Subsection (e) of section 168 of such Code (relating to classification of property) is amended by adding at the end the following new paragraph: ``(6) Designated low-income building.-- ``(A) In general.--The term `designated low-income building' means any building which is a qualified low- income building (as defined in section 42(c)(2)) if-- ``(i) no housing credit dollar amount has been allocated to such building under section 42(h), and ``(ii) the taxpayer has made the election described in subparagraph (B) with respect to such building. ``(B) Election.--An election is described in this subparagraph if made by the taxpayer at such time and in such manner as the Secretary may prescribe. Any election under the preceding sentence, once made, shall be irrevocable. ``(C) Coordination with low-income housing credit.--No credit shall be allowed under section 42 with respect to any designated low-income building. ``(D) Recapture of accelerated depreciation.--A designated low-income building which ceases to be a qualified low-income building (as defined in section 42(c)(2)) at any time during the recapture period shall, under regulations prescribed by the Secretary, be treated as though paragraph (3)(E)(iv) were never enacted. The statutory period for the assessment of any deficiency attributable to this subparagraph shall not expire before the expiration of the 1-year period beginning on the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of the change in status of such building. For purposes of this subparagraph, the term `recapture period' has the meaning given the term `compliance period' under section 42(i)(1) except `20 taxable years' shall be substituted for `15 taxable years'.''. (c) Alternative Depreciation System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(iii) the following: ``(E)(iv)...................................................... 20''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 2. QUALIFIED LOW-INCOME BUILDINGS NOT SUBJECT TO LIMITATION ON PASSIVE ACTIVITY LOSSES AND CREDITS. (a) In General.--Section 469 of the Internal Revenue Code of 1986 (relating to passive activity losses and credits limited) is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively, and by inserting after subsection (k) the following new subsection: ``(l) Special Rule for Qualified Low-Income Buildings.--Subsection (a) shall not apply to that portion of the passive activity loss and passive activity credit for any taxable year which is attributable to any qualified low-income building (as defined in section 42(c)(2)).''. (b) Conforming Amendments.-- (1) Paragraph (3) of section 469(i) of such Code is amended by striking subparagraph (D) and by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (2) Subparagraph (D) of section 469(i) of such Code (as so redesignated) is amended to read as follows: ``(D) Ordering rules to reflect exceptions and separate phase-outs.--If subparagraph (B) or (C) applies for a taxable year, paragraph (1) shall be applied-- ``(i) first to the portion of the passive activity loss to which subparagraph (C) does not apply, ``(ii) second to the portion of such loss to which subparagraph (C) applies, ``(iii) third to the portion of the passive activity credit to which subparagraph (B) does not apply, and ``(iv) fourth to the portion of such credit to which subparagraph (B) applies.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
Amends the Internal Revenue Code to: (1) allow a 15-year recovery period for depreciation of certain low-income buildings eligible for the tax credit for low-income housing; and (2) exempt such buildings from provisions disallowing certain passive investment activity tax losses and credits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-College Engineering Education Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) According to studies by the National Academy of Engineering, there is a widespread interest in improving science, technology, engineering, and mathematics (STEM) education in elementary and secondary schools. (2) STEM education is important in part because it can develop student interest and aptitude in subjects directly relevant to the Nation's capacity for research and innovation. This capacity is largely credited with supporting United States economic health, national security, and quality of life. (3) STEM education contributes to scientific and technological literacy, important attributes for all citizens. (4) Science is the intellectual and practical activity encompassing the systematic study of the structure and behavior of the physical and natural world through observation and experiment. (5) Engineering is the application of scientific and mathematical principles to innovate, analyze, design, evaluate, and manufacture machines, processes, and systems. (6) The share of engineering education in the Federal STEM education portfolio, according to a survey by the National Science and Technology Council, is only 0.4 percent of the nearly $3,500,000,000 annual expenditures. (7) Available evidence suggests that pre-college engineering education can stimulate interest and improve learning in mathematics and science as well as improve understanding of engineering and technology. (8) Engineering education is a vital component in attaining licensure as a professional engineer that requires rigorous education, training, experience, and continuing education. (9) According to the National Academy of Engineering there is relatively limited experience with engineering education in elementary and secondary schools. (10) Some States have included engineering in their science or technology and vocational standards, and many school districts provide informal or after-school engineering education. (11) The Next Generation Science Standards developed by a consortium of States, the National Science Teachers Association, the American Association for the Advancement of Science, the National Research Council, and Achieve has identified content and science and engineering practices that all students should learn from kindergarten to high school graduation. States and local districts will have the responsibility for providing more detailed guidance to classroom teachers to help students learn the key ideas in the standards. (12) According to the National Academy of Engineering there is not at present a critical mass of teachers qualified to deliver engineering instruction. (13) It is imperative that teachers have relevant professional training that coordinates concepts in engineering with the diverse learning styles of students. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school.--The term ``elementary school'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Local educational agency.--The term ``local educational agency'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Secondary school.--The term ``secondary school'' has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) STEM education.--The term ``STEM education'' has the meaning given that term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). SEC. 4. GRANT PROGRAM. (a) In General.--The Director shall establish a grant program to encourage States and local educational agencies to develop and implement sustainable engineering education programs in elementary and secondary schools through public-private partnerships to-- (1) conduct research, review, and analyze the effectiveness of existing formal and informal research-based instructional materials; (2) select or develop new research-based instructional materials; (3) teach students the overall analytical approach used in engineering to prepare them to deal with complex technical and non-technical problems and issues; (4) prepare students who may enter STEM-related careers; (5) prepare students who may pursue engineering studies in college; (6) increase participation of underrepresented student groups in the engineering pipeline; and (7) provide professional development for pre-service and in-service teachers to teach pre-college engineering. (b) Eligible Recipients.--Grants under this section shall be provided to an institution of higher education, with at least two co- principal investigators, one from the college of engineering and one from the college of education, except that if the institution does not have colleges of both engineering and education, faculty from a college of education or engineering from another institution in the area of jurisdiction of the same local educational agency or the same State may participate as a co-principal investigator. (c) Consortia.--Public private partnerships shall be established for program coordination, consisting of, but not limited to-- (1) an institution or institutions of higher education described in subsection (b); (2) one or more local educational agencies in the same State as the institution or institutions described in paragraph (1), with participation by at least three elementary or secondary schools; and (3) one or more private sector or government organizations in the same State that employ one or more engineers. (d) Grants.-- (1) Duration; distribution.--Grants under this section shall be awarded in amounts sufficient to cover a period of four years. (2) First 2-year period.-- (A) Grant activities.--The first two years of funding provided under a grant shall be used for the selection, development, or both of research-based and evidenced-based-- (i) engineering instructional materials that respond to local needs; and (ii) professional training and methodologies guidelines for teachers associated with engineering concepts and approaches. (B) Nature of materials.--Instructional materials developed pursuant to subparagraph (A)(i) shall-- (i) emphasize-- (I) engineering fundamentals and concepts; (II) engineering design, manufacturing, and testing; and (III) essential skills such as systems thinking, creativity, teamwork, communication, and ethical considerations; (ii) be designed to introduce students to modern engineering tools such as computer-aided design, computer-aided manufacturing, statistical analysis, codes and standards, human factors, and reliability analysis; (iii) provide information for teachers on science inquiry activities related to engineering; and (iv) be aligned with and integrated into relevant science, engineering, and mathematics standards that may exist in the State or may be developed. (3) Second 2-year period.-- (A) Pilot instructional program.--The third year of funding provided under a grant shall be used for the implementation in one elementary or secondary school of an engineering education program-- (i) based on the instructional materials selected or developed under paragraph (2); and (ii) using engineering students and pre- service teachers from the institution or institutions described in subsection (b) as mentors for the elementary or secondary school students. (B) Expanded instructional program.--The fourth year of funding provided under a grant shall be used for the implementation of the engineering instructional education program in the remaining elementary or secondary schools described in subsection (c)(2), as revised based on evaluation of the third year experience. (e) Applications.-- (1) Required commitments.--An application for a grant under this section shall demonstrate strong long-term commitment for the proposed program from-- (A) the institution or institutions described in subsection (b), through-- (i) providing laboratory and instructional space; (ii) establishing ongoing professional training programs for pre-service and in- service teachers and teachers in-residence; and (iii) collaboration with the local educational agency or agencies described in subsection (c)(2), private sector or government organizations described in subsection (c)(3), and nonprofit educational enterprises, as appropriate; (B) the local educational agency described in subsection (c)(2) and the State, including commitments-- (i) to provide total funding to the institution or institutions of higher education described in subsection (b) or the elementary or secondary schools described in subsection (c)(2), or both, collectively with organizations described in subparagraph (C)(i), at least as great as that provided by the grant awarded under this section; (ii) to support continuance or expansion of the engineering education program after the expiration of grant funding under this section, with the goal of offering engineering education in all elementary and secondary schools under the jurisdiction of the local educational agency or agencies; and (iii) for continuing collaboration with the institution or institutions described in subsection (b) and private sector or government organizations described in subsection (c)(3); and (C) private sector or government organizations through-- (i) financial support to the institution or institutions of higher education described in subsection (b) or the elementary or secondary schools described in subsection (c)(2); (ii) participation of personnel in the development and implementation of the program; (iii) provision of expertise, equipment, and materials; (iv) provisions of guidance on instructional materials and needed supplies and equipment; or (v) other support. (2) Selection.--A sufficient number of new grants shall be made in each fiscal year, subject to the availability of appropriations to achieve a measurable impact. (f) Authorization of Appropriations.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise made available for such purposes. SEC. 5. STUDY. Not later than 5 years after the date of enactment of this Act, the Director shall enter into an arrangement with the National Academy of Engineering for a study to-- (1) conduct a formal review of the activities under this Act and analyze the extent to which such activities will change the quality, scale, equity, and impact of pre-college engineering education, specifically taking into account how the development of teaching guidelines and instructional materials under this Act could contribute to such change; (2) benchmark the results with relevant recent studies conducted by cognizant organizations and the National Academy of Engineering; and (3) recommend if revisions to the program established under this Act are needed to establish engineering education in all secondary schools across the United States. SEC. 6. ANNUAL REPORT TO CONGRESS. Not later than 5 years after the date of enactment of this Act, and annually thereafter, the Director shall provide a report to Congress on activities and results under this Act. Such reports shall describe-- (1) the total number of grant applications received in each year; (2) the number and geographic distribution of the grants each year and in total; (3) participation of minority-serving institutions of higher education such as historically black colleges and universities and Hispanic-serving institutions; (4) participation of underrepresented student groups; (5) plans for collaboration among grantees; (6) overall program outcomes and issues of concern; and (7) recommendations for program revisions to achieve the desired program outcome.
Pre-College Engineering Education Act This bill establishes a grant program to encourage, through public-private partnerships, the development and implementation by states and local educational agencies of sustainable engineering education programs in elementary and secondary schools. The National Science Foundation (NSF) shall administer the program. Grantees may use funds to: research, review, and analyze the effectiveness of existing research-based instructional materials; select or develop new research-based instructional materials; teach students the overall analytical approached used in engineering; prepare students who may pursue engineering studies in college or enter careers related to science, technology, engineering, and mathematics; increase participation of underrepresented student groups in the engineering pipeline; and provide professional development for teachers to teach pre-college engineering. The NSF shall study and report on program activities and results.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Currently, it is possible to test for at least 30 disorders through newborn screening. (2) There is a lack of uniform newborn screening throughout the United States. While a newborn with a debilitating condition may receive screening, early detection, and treatment in one location, in another location the condition may go undetected and result in catastrophic consequences. (3) Each year more than 4,000,000 babies are screened to detect conditions that may threaten their long-term health. (4) There are more than 2,000 babies born every year in the United States with detectable and treatable disorders that go unscreened through newborn screening. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399AA. NEWBORN SCREENING. ``(a) Authorization of Grant Programs.-- ``(1) Grants to assist health care professionals.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration (referred to in this section as the `Associate Administrator') and in consultation with the Advisory Committee on Heritable Disorders in Newborns and Children (referred to in this section as the `Advisory Committee'), shall award grants to eligible entities to enable such entities to assist in providing health care professionals and State health department laboratory personnel with-- ``(A) education in newborn screening; and ``(B) training in-- ``(i) relevant and new technologies in newborn screening; and ``(ii) congenital, genetic, and metabolic disorders. ``(2) Grants to assist families.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to develop and deliver educational programs about newborn screening to parents, families, and patient advocacy and support groups. ``(3) Grants for newborn screening followup.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. ``(b) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(c) Selection of Grant Recipients.-- ``(1) In general.--Not later than 120 days after receiving an application under subsection (b), the Secretary, after considering the approval factors under paragraph (2), shall determine whether to award the eligible entity a grant under this section. ``(2) Approval factors.-- ``(A) Requirements for approval.--An application submitted under subsection (b) may not be approved by the Secretary unless the application contains assurances that the eligible entity-- ``(i) will use grant funds only for the purposes specified in the approved application and in accordance with the requirements of this section; and ``(ii) will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the eligible entity under the grant. ``(B) Existing programs.--Prior to awarding a grant under this section, the Secretary shall-- ``(i) conduct an assessment of existing educational resources and training programs and coordinated systems of followup care with respect to newborn screening; and ``(ii) take all necessary steps to minimize the duplication of the resources and programs described in clause (i). ``(d) Coordination.--The Secretary shall take all necessary steps to coordinate programs funded with grants received under this section. ``(e) Use of Grant Funds.-- ``(1) Grants to assist health care professionals.--An eligible entity that receives a grant under subsection (a)(1) may use the grant funds to work with appropriate medical schools, nursing schools, schools of public health, internal education programs in State agencies, nongovernmental organizations, and professional organizations and societies to develop and deliver education and training programs that include-- ``(A) continuing medical education programs for health care professionals and State health department laboratory personnel in newborn screening; ``(B) education, technical assistance, and training on new discoveries in newborn screening and the use of any related technology; ``(C) models to evaluate what a newborn should be screened for and when and where that screening should take place; ``(D) models to evaluate the prevalence of, and assess and communicate the risks of, newborn disorders, including the prevalence and risk of certain newborn disorders based on family history; ``(E) models to communicate effectively with parents and families about-- ``(i) the process and benefits of newborn screening; ``(ii) how to use information gathered from newborn screening; ``(iii) the meaning of screening results, including the rate of false positives; ``(iv) the right of refusal of newborn screening; and ``(v) the potential need for followup care after newborns are screened; ``(F) information and resources on coordinated systems of followup care after newborns are screened; ``(G) information on the disorders for which States require and offer newborn screening and options for newborn screening relating to conditions in addition to such disorders; ``(H) information on supplemental newborn screening that the States do not require and offer but that parents may want; and ``(I) other items to carry out the purpose described in subsection (a)(1) as determined appropriate by the Secretary. ``(2) Grants to assist families.--An eligible entity that receives a grant under subsection (a)(2) may use the grant funds to develop and deliver to parents, families, and patient advocacy and support groups, educational programs about newborn screening that include information on-- ``(A) what is newborn screening; ``(B) how newborn screening is performed; ``(C) who performs newborn screening; ``(D) where newborn screening is performed; ``(E) the disorders for which the State requires newborns to be screened; ``(F) different options for newborn screening for disorders other than those included by the State in the mandated newborn screening program; ``(G) the meaning of various screening results including the rate of false positives; ``(H) the prevalence and risk of newborn disorders, including the increased risk of disorders that may stem from family history; ``(I) coordinated systems of followup care after newborns are screened; and ``(J) other items to carry out the purpose described in subsection (a)(2) as determined appropriate by the Secretary. ``(3) Grants for quality newborn screening followup.--An eligible entity that receives a grant under subsection (a)(3) shall use the grant funds to-- ``(A) expand on existing procedures and systems, where appropriate and available, for the timely reporting of newborn screening results to individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders; ``(B) coordinate ongoing followup treatment with individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders after a newborn receives an indication of the presence of a disorder on a screening test; ``(C) ensure the seamless integration of confirmatory testing, tertiary care medical services, comprehensive genetic services including genetic counseling, and information about access to developing therapies by participation in approved clinical trials involving the primary health care of the infant; ``(D) analyze data, if appropriate and available, collected from newborn screenings to identify populations at risk for disorders affecting newborns, examine and respond to health concerns, recognize and address relevant environmental, behavioral, socioeconomic, demographic, and other relevant risk factors; and ``(E) carry out such other activities as the Secretary may determine necessary. ``(f) Reports to Congress.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall submit to the appropriate committees of Congress reports-- ``(A) evaluating the effectiveness and the impact of the grants awarded under this section-- ``(i) in promoting newborn screening-- ``(I) education and resources for families; and ``(II) education, resources, and training for health care professionals; ``(ii) on the successful diagnosis and treatment of congenital, genetic, and metabolic disorders; and ``(iii) on the continued development of coordinated systems of followup care after newborns are screened; ``(B) describing and evaluating the effectiveness of the activities carried out with grant funds received under this section; and ``(C) that include recommendations for Federal actions to support-- ``(i) education and training in newborn screening; and ``(ii) followup care after newborns are screened. ``(2) Timing of reports.--The Secretary shall submit-- ``(A) an interim report that includes the information described in paragraph (1), not later than 30 months after the date on which the first grant funds are awarded under this section; and ``(B) a subsequent report that includes the information described in paragraph (1), not later than 60 months after the date on which the first grant funds are awarded under this section. ``(g) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or a political subdivision of a State; ``(2) a consortium of 2 or more States or political subdivisions of States; ``(3) a territory; ``(4) an Indian tribe or a hospital or outpatient health care facility of the Indian Health Service; or ``(5) a nongovernmental organization with appropriate expertise in newborn screening, as determined by the Secretary. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $15,000,000 for fiscal year 2003; and ``(2) such sums as may be necessary for each of fiscal years 2004 through 2007.''.
Newborn Screening Saves Lives Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, to award grants for newborn screening education and training, including followup.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pollution Prevention Opportunity Act of 2001''. SEC. 2. CREDIT FOR DRY OR WET CLEANING EQUIPMENT USING NONHAZARDOUS PRIMARY PROCESS SOLVENTS. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following paragraph: ``(4) the dry or wet cleaning equipment credit.''. (b) Dry or Wet Cleaning Equipment Credit.--Section 48 of the Internal Revenue Code of 1986 (relating to energy credit; reforestation credit) is amended by adding at the end the following new subsection: ``(c) Dry or Wet Cleaning Equipment Using Nonhazardous Primary Process Solvents.-- ``(1) In general.--For purposes of section 46, the dry or wet cleaning equipment credit for any taxable year is 20 percent of the basis of each qualified dry or wet cleaning property placed in service during the taxable year (40 percent of such basis in the case of such property placed in service in an empowerment zone, enterprise community, or renewal community). ``(2) Limitation.--The credit under this subsection for the taxable year shall apply to qualified dry or wet cleaning property placed in service during such year at each business premise of the taxpayer. ``(3) Qualified dry or wet cleaning property.--For purposes of this subsection, the term `qualified dry or wet cleaning property' means equipment designed primarily to clean textiles by professionals using special technology, detergents and additives to minimize potential for adverse effects, or appropriately dry or apply restorative finishing procedures to such textiles if-- ``(A) such equipment does not use any hazardous solvent as the primary process solvent, ``(B) the original use of such property commences with the taxpayer, and ``(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(4) Primary process solvent.--For purposes of paragraph (3), the term `primary process solvent' means the primary liquid in which clothing, other fabric, and sensitive textiles are cleaned or which is used to appropriately dry or apply restorative finishing procedures to textiles, cleaned, excluding detergent formulations. ``(5) Hazardous solvent.--For purposes of paragraph (3), the term `hazardous solvent' means any solvent any portion of which consists of a chlorinated solvent, a volatile organic compound, or any other hazardous regulated substance, or which contains any substance determined by the Administrator of the Environmental Protection Agency, the Director of the National Institute for Occupational Safety and Health, the Director of the International Agency for Research on Cancer, the Director of the National Institute of Environmental Health Sciences' National Toxicology Program, or the director of any other appropriate Federal agency to possess-- ``(A) carcinogenic potential in humans, or ``(B) bioaccumulative properties.''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Special rules for dry or wet cleaning equipment credit.-- ``(A) In general.--In the case of the dry or wet cleaning equipment credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the dry or wet cleaning equipment credit). ``(B) Dry or wet cleaning equipment credit.--For purposes of this subsection, the term `dry or wet cleaning equipment credit' means the credit allowable under subsection (a) by reason of section 46(4).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the dry or wet cleaning equipment credit'' after ``employment credit''. (d) Clerical Amendments.-- (1) The section heading for section 48 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; DRY OR WET CLEANING EQUIPMENT CREDIT.''. (2) The item relating to section 48 in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 48. Energy credit; reforestation credit; dry or wet cleaning equipment credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2001.
Small Business Pollution Prevention Opportunity Act of 2001 - Amends the Internal Revenue Code to establish a dry or wet cleaning equipment credit for any taxable year equivalent to 20 percent of the basis of each qualified dry or wet cleaning property placed in service during the year (40 percent of such basis in the case of such property placed in service in an empowerment zone, enterprise community, or renewal community) which is designed primarily to clean textiles if: (1) such equipment does not use any hazardous solvent as the primary process solvent; (2) the original use of such property commences with the taxpayer; and (3) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
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