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SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Grid Advancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act, the terms: (1) ``Secretary'' means the Secretary of Energy. (2) ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) ``Commission'' means Federal Energy Regulatory Commission. (4) ``Smart grid'' has the meaning provided by section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381). (5) ``Peak demand reduction'' means the reduction in annual peak demand as compared to a previous baseline year or period, expressed in Megawatts (MW). (6) ``Peak demand'' shall mean the highest point of electricity demand during any hour on the system of a load serving entity during a annual calendar year, expressed in megawatts, or more than one such high point of electricity demand as a function of seasonal demand changes. (7) ``Peak period'' shall mean the time period on the system of a load serving entity relative to peak demand that may warrant special measures or electricity resources to maintain system reliability while meeting peak demand. (8) ``Load serving entity'' means an entity that provides electricity directly to retail consumers with the responsibility to assure power quality and reliability, including such entities that are investor-owned, publicly owned, owned by rural electric cooperatives, or other entities. (9) ``Applicable baseline'' shall mean the average of the highest three annual peak demands a load serving entity has experienced during the 5 years immediately prior to the date of enactment of this Act. (10) ``Peak load reduction plan'' means a plan developed by or for a load serving entity that it will implement to meet its peak demand management goals. SEC. 3. INCORPORATION OF SMART GRID CAPABILITY IN ENERGY STAR PROGRAM. (a) Assessment.--Within one year after the date of enactment of this Act, the Secretary and the Administrator shall each assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy and the Environmental Protection Agency, respectively, for potential designation as Energy Star products. (b) Analysis.--(1) Within 2 years after the date of enactment of this Act, the Secretary and the Administrator shall each prepare an analysis of the potential energy savings and electricity cost savings that could accrue for each of the products referred to in subsection (a) in the following optimal circumstances: (A) The products possessed full Smart Grid capability. (B) The products were utilized in an electricity utility service area which had Smart Grid capability and time-of-use electric rates. (C) The time-of-use rates reflected national average utility rates including average peak and valley daily electricity costs to the utility. (D) Consumers using such products took full advantage of such capability. (2) The analysis under paragraph (1) shall be considered the ``best case'' Smart Grid analysis. On the basis of such an analysis for each product, the Secretary and the Administrator shall determine whether the installation of Smart Grid capability for such a product would be cost effective. For purposes of this paragraph, the term ``cost effective'' means that the cumulative savings from using the product under the ``best case'' Smart Grid circumstances for a period of 5 years will be greater than the incremental cost of the Smart Grid features included in the product. (3) To the extent that including Smart Grid capability in any products analyzed under paragraph (2) yielded a finding that doing so was cost effective in the best case, the Secretary and the Administrator shall, not later than 3 years after the date of enactment of this Act take each of the following actions: (A) Inform the manufacturer of such product of such finding. (B) Make special note in a prominent manner on any Energy Star label for any product actually including Smart Grid capability that-- (i) Smart Grid capability is a feature of that product; (ii) the use and value of those features depended on the Smart Grid capability of the utility system in which the product was installed and the use of those features by the customer; and (iii) on a utility system with Smart Grid capability, the use of the product's Smart Grid capability could potentially reduce the cost of the product's annual operation by an estimated dollar amount representing the result of incremental energy and electricity cost savings that would result from the Smart Grid best case for that product. (C) Submit a report to Congress summarizing the results of the analyses for each class of products, and presenting the potential national energy and electricity cost savings that could be realized if cost-effective Smart Grid capability were installed in the relevant products reviewed by the Energy Star program. SEC. 4. SMART GRID PEAK DEMAND REDUCTION GOALS. (a) Goals.--Not later than one year after the date of enactment of this Act, load serving entities, or States, shall determine and publish peak demand reduction goals for any load serving entities that have an applicable baseline in excess of 250 megawatts. (b) Baselines.--(1) The Commission, in consultation with the Secretary, shall develop and publish, after an opportunity for public comment, a methodology to provide for adjustments or normalization to a load serving entity's applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and any other appropriate factors external to peak load management, as determined by the Commission. (2) The Commission shall support load serving entities in determining their applicable baselines, and in developing their peak demand reduction goals, including any load serving entity with an applicable baseline of less than 250 megawatts that volunteers to participate in achieving the purposes of this Act. (3) The Secretary, in consultation with the Commission and the National Electric Reliability Corporation, shall develop a system and rules for measurement and verification of demand reductions. (c) Peak Demand Reduction Goals.--(1) Peak demand reduction goals may be established for an individual load serving entity, or, at the determination of a State or regional entity, by that State or regional entity for a larger region that shares a common system peak demand and for which peak demand reduction measures would offer regional benefit. (2) A State or regional entity establishing peak demand reduction goals shall cooperate, as necessary and appropriate, with the Commission, the Secretary, State regulatory commissions, State energy offices, the National Electric Reliability Corporation, and other relevant authorities. (3) In determining the applicable peak demand reduction goals, States and other jurisdictional entities may utilize the results of the 2009 National Demand Response Potential Assessment, as authorized by section 529 of the Energy Independence and Security Act of 2007. (4) The applicable peak demand reduction goals shall provide that-- (A) load serving entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during calendar year 2012; (B) load serving entities will reduce or mitigate peak demand by a minimum percentage greater amount from the applicable baseline to a lower peak demand during calendar year 2015; and (C) the minimum percentage reductions selected are the percentage reductions that are realistically achievable with an aggressive effort to deploy smart grid and peak demand reduction technologies and methods, including but not limited to those listed in subsection (d). (d) Plan.--Each load serving entity shall prepare a peak load reduction plan that demonstrates its ability to meet each applicable goal by any or a combination of the following options: (1) Direct reduction in megawatts of peak demand through energy efficiency measures with reliable and continued application during peak demand periods. (2) Demonstration that an amount of megawatts equal to a stated portion of the applicable goal is contractually committed to be available for peak reduction through one or more of the following: (A) Megawatts enrolled in demand response programs. (B) Megawatts subject to the ability of a load serving entity to call on demand response programs, smart appliances, smart electricity storage devices, distributed generation resources on the entity's customers' premises, or other measures directly capable of actively, controllably, reliably, and dynamically reducing peak demand (``dynamic peak management control''). (C) Megawatts available from distributed dynamic electricity storage under agreement with the owner of that storage. (D) Megawatts committed from dispatchable distributed generation demonstrated to be reliable under peak period conditions. (E) Megawatts available from smart appliances and equipment with smart grid capability available for direct control by the utility through agreement with the customer owning the appliances or equipment. (F) Megawatts from a demonstrated and assured minimum of distributed solar electric generation capacity in instances where peak period and peak load conditions are directly related to solar radiation and accompanying heat. (3) If any of the methods listed in subparagraph (C), (D), or (E) of paragraph (2) are relied upon to meet its peak demand reduction goals, the load serving entity must demonstrate this capability by operating a test during the applicable calendar year. (4) Nothing in this Act shall require the publication in peak demand reduction goals or in any peak demand reduction plan of any information that is confidential for competitive or other reasons or that identifies individual customers. (e) Existing Authority and Requirements.--Nothing in this Act diminishes or supersedes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting peak load management, demand response, distributed storage, use of distributed generation, or the regulation of load serving entities. The Commission, in consultation with States having such peak management, demand response and distributed storage programs, shall to the maximum extent practicable, facilitate coordination between the Federal program and such State programs. (f) Relief.--The Commission may, for good cause, grant relief to load serving entities from the requirements of this section. (g) Other Laws.--Except as provided in subsections (e) and (f), no law or regulation shall relieve any person of any requirement otherwise applicable under this section. (h) Compliance.--(1) The Commission shall within one year after the enactment of this Act establish a public domain website where the Commission will provide information and data demonstrating compliance by States, regional entities, and load serving entities with this Act, including the success of load serving entities in meeting applicable peak demand reduction goals. (2) The Commission shall, by April 1 of each year beginning in 2012, provide a report to Congress on compliance with this Act and success in meeting applicable peak demand reduction goals and, as appropriate, shall make recommendations as to how to increase peak demand reduction efforts. (3) The Commission shall note in each such report any State, political subdivision of a State, or load serving entity that has failed to comply with this Act, or is not a part of any region or group of load serving entities serving a region that has complied with this Act. (4) The Commission shall have and exercise the authority to take reasonable steps to modify the process of establishing peak demand reduction goals and to accept adjustments to them as appropriate when sought by load serving entities. (i) Assistance and Funding.-- (1) Assistance.--The Secretary may make grants to States and to other entities with responsibilities to be carried out under the Act to offset any documented costs of carrying out such responsibilities to the extent such costs are deemed burdensome or extraordinary by the Secretary. (2) Funding.--There are authorized to be appropriated sums as may be necessary to the Commission, the Secretary, and the Administrator to carry out the provisions of this Act. SEC. 5. REAUTHORIZATION OF ENERGY EFFICIENCY PUBLIC INFORMATION PROGRAM TO INCLUDE SMART GRID INFORMATION. Section 134 of the Energy Policy Act of 2005 (42 U.S.C. 15832) is amended as follows: (1) By amending the title heading to read ``ENERGY EFFICIENCY AND SMART GRID PUBLIC INFORMATION INITIATIVE.''. (2) In subsection (a)(1) by striking ``reduce energy consumption during the 4-year period beginning on the date of enactment of this Act'' and inserting ``increase energy efficiency and to adopt Smart Grid technology and practices''. (3) In subsection (a)(2) by striking ``benefits to consumers of reducing'' and inserting ``economic and environmental benefits to consumers and the United States of optimizing''. (4) In subsection (a)(3) by inserting at the beginning of that subsection ``the effect of energy efficiency and Smart Grid capability in reducing energy and electricity prices throughout the economy, together with''. (5) In subsection (a)(4) by redesignating subparagraph (D) as (E), by striking ``and'' at the end of subparagraph (C), and by inserting after subparagraph (C) the following: ``(D) purchasing and utilizing equipment that includes smart grid features and capability; and''. (6) In subsection (c), by striking ``Not later than July 1, 2009,'' and inserting, ``For each year when appropriations pursuant to the authorization in this section exceed $10,000,000,''. (7) In subsection (d) by striking ``2010'' and inserting ``2020''. (8) In subsection (e) by striking ``2010'' and inserting ``2020''. SEC. 6. INCLUSION OF SMART GRID FEATURES IN APPLIANCE REBATE PROGRAM. (a) Amendment.--Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended as follows: (1) By amending the section heading to read ``energy efficient and smart appliance rebate program.''. (2) By redesignating paragraphs (4) and (5) as (5) and (6) and inserting after paragraph (3) the following: ``(4) Smart appliance.--The term `smart appliance' means a product that the Administrator of the Environmental Protection Agency or the secretary of Energy has determined qualifies for such a designation in the Energy Star program pursuant to section 213 of the Smart Grid Advancement Act or that the Secretary or the Administrator has separately determined includes the relevant Smart Grid capabilities listed in section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381).''. (3) In subsection (b)(1) by inserting ``and smart'' after ``efficient'' and by inserting after ``products'' the first place it appears ``, including products designated as being smart appliances,''. (4) In subsection (b)(3), by inserting ``the administration of'' after ``carry out''. (5) In subsection (d), by inserting ``the administration of'' after ``carrying out'' and by inserting ``, and up to 100 percent of the value of the rebates provided pursuant to this section'' before the period at the end. (6) In subsection (e)(3), by inserting ``with separate consideration as applicable if the product is also a smart appliance,'' after ``Energy Star product'' the first place it appears and by inserting ``or smart appliance'' before the period at the end. (7) In subsection (f), by striking ``$50,000,000'' through the period at the end and inserting ``such sums as may be necessary for each fiscal year from 2010 through 2015.''. (b) Table of Contents.--The item relating to section 124 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows: ``Sec. 124. Energy efficient and smart appliance rebate program.''.
Smart Grid Advancement Act - Requires the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to: (1) assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy (DOE) and EPA for potential designation as Energy Star products; (2) conduct a best case smart grid analysis by analyzing the potential energy savings and electricity cost savings that could accrue for such products in specified circumstances; and (3) take specified actions when they find that including Smart Gird capability in products is cost effective in the best case. Sets forth provisions concerning Smart Grid peak demand reduction goals, including requiring: (1) load serving entities or states to determine and publish demand reduction goals for such entities that have applicable baselines in excess of 250 megawatts; (2) the Federal Energy Regulatory Commission (FERC) to develop and publish a methodology to provide for adjustments or normalization to a load serving entity's applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and other factors external to peak load management; (3) the Secretary to develop a system for measuring and verifying demand reductions; and (4) each load serving entity to prepare a peak load reduction plan. Authorizes the Secretary to make grants to offset the costs of carrying out responsibilities to be implemented under this Act. Amends the Energy Policy Act of 2005 to revise: (1) the Energy Efficiency Public Information Initiative, including by renaming the program as the Energy Efficiency and Smart Grid Public Information Initiative and authorizing appropriations through FY2020; and (2) the Energy Efficient Appliance Rebate Program, including by renaming the program as the Energy Efficient and Smart Appliance Rebate Program and authorizing appropriations through FY2015.
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SECTION 1. GO GIRL GRANTS. Part A of title III of the Elementary and Secondary Act of 1965 is amended by adding at the end the following new subpart: ``Subpart 5--Grants to Schools ``SEC. 3161. SHORT TITLE. ``This subpart may be cited as the `Getting Our Girls Ready for the 21st Century Act (Go Girl Act)'. ``SEC. 3162. FINDINGS. ``Congress finds the following: ``(1) Women have historically been underrepresented in mathematics, science, and technology occupations. ``(2) Female students take fewer high-level mathematics and science courses in high school than male students. ``(3) Female students take far fewer advanced computer classes and tend to take only the basic data entry and word processing classes compared to courses that male students take. ``(4) Female students earn fewer bachelors, masters, and doctoral degrees in mathematics, science, and technology than male students. ``(5) Early career exploration is key to choosing a career. ``(6) Teachers' attitudes, methods of teaching, and classroom atmosphere affect females' interest in nontraditional fields. ``(7) Stereotypes about appropriate careers for females, a lack of female role models, and a lack of basic career information significantly deters girls' interest in mathematics, science, and technology careers. ``(8) Females consistently rate themselves significantly lower than males in computer ability. ``(9) By the year 2000, 65 percent of all jobs will require technological skills. ``(10) Limited access is a hurdle faced by females seeking jobs in mathematics, science, and technology. ``(11) Common recruitment and hiring practices make extensive use of traditional networks that often overlook females. ``SEC. 3163. PROGRAM AUTHORITY. ``(a) In General.--The Secretary is authorized to provide grants to and enter into contracts or cooperative agreements with local educational agencies to provide subgrants to elementary and secondary schools to encourage the ongoing interest of girls in science, mathematics, and technology and to prepare girls to pursue undergraduate and graduate degrees and careers in science, mathematics, or technology. ``(b) Application.-- ``(1) In general.--To be eligible to receive a grant under this subpart, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(2) Contents.--The application referred to in paragraph (1) shall contain, at a minimum, the following: ``(A) A specific program description, including the content of the program and the research and models used to design the program. ``(B) A description of the collaboration between elementary and secondary schools to fulfill goals of the program. ``(C) An explanation regarding the recruitment and selection of participants. ``(D) A description of the instructional and motivational activities planned to be used. ``(E) An evaluation plan. ``SEC. 3164. ELEMENTARY SCHOOL PROGRAM. ``(a) Selection.--Local educational agencies shall select elementary schools to provide services that-- ``(1) encourage girls in grades 4 and higher to enjoy and pursue studies in science, mathematics, and technology; ``(2) acquaint girls in grades 4 and higher with careers in science, mathematics, and technology; and ``(3) educate the parents of girls in grades 4 and higher about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, and technology and enlist the help of the parents in overcoming these difficulties. ``(b) Uses of funds.--An elementary school that receives a subgrant under this subpart may use such funds for the following: ``(1) Tutoring in reading, science, mathematics, and technology. ``(2) Mentoring relationships, both in-person and through the Internet. ``(3) To pay the costs of attending events and academic programs in science, mathematics, and technology. ``(4) After-school activities designed to encourage the interest of girls in grades 4 and higher in science, mathematics, and technology. ``(5) Summer programs designed to encourage interest in and develop skills in science, mathematics, and technology. ``(6) Purchasing software designed for girls, or designed to encourage girls' interest in science, mathematics, and technology. ``(7) Field trips to locations that educate and encourage girls' interest in science, mathematics, and technology. ``(8) Field trips to locations that acquaint girls with careers in science, mathematics, and technology. ``(9) Purchasing and disseminating information to parents of girls in grades 4 and higher that will help parents to encourage their daughters' interest in science, mathematics, and technology. ``SEC. 3165. SECONDARY SCHOOL PROGRAM. ``(a) Subgrants to Secondary Schools.--Local educational agencies shall select secondary schools to provide services that-- ``(1) encourage girls in grades 9 and higher to major in science, mathematics, and technology in a postsecondary institution; ``(2) provide academic advice and assistance in high school course selection; ``(3) encourage girls in grades 9 and higher to plan for careers in science, mathematics, and technology; and ``(4) educate the parents of girls in grades 9 and higher about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, and technology and enlist the help of the parents in overcoming these difficulties. ``(b) Uses of Funds.--A secondary school that receives a subgrant under this subpart may use such funds for the following: ``(1) Tutoring in science, mathematics, and technology. ``(2) Mentoring relationships, both in-person and through the Internet. ``(3) To pay the costs of attending events and academic programs in science, mathematics, and technology. ``(4) To pay 50 percent of the cost of an internship in science, mathematics, or technology. ``(5) After-school activities designed to encourage the interest of girls in grades 9 and higher in science, mathematics, and technology, including the cost of that portion of a staff salary to supervise these activities. ``(6) Summer programs designed to encourage interest in and develop skills in science, mathematics, and technology. ``(7) Purchasing software designed for girls, or designed to encourage girls' interest in science, mathematics, and technology. ``(8) Field trips to locations that educate and encourage girls' interest in science, mathematics, and technology. ``(9) Field trips to locations that acquaint girls with careers in science, mathematics, and technology. ``(10) Visits to institutions of higher education to acquaint girls with college-level programs in science, mathematics, or technology, and to meet with educators and female college students who will encourage them to pursue degrees in science, mathematics, and technology. ``SEC. 3166. DEFINITIONS. ``In this subpart: ``(1) The term `local educational agency' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), except that in the case of Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico, the term `local educational agency' shall be deemed to mean the State educational agency. ``(2) The term `Secretary' means the Secretary of Education. ``SEC. 3167. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of making grants and contracts under this subpart, there are authorized to be appropriated $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.
Getting Our Girls Ready for the 21st Century Act (Go Girl Act) - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to make grants to, and contracts and cooperative agreements with, local educational agencies to provide subgrants to elementary and secondary schools for services that: (1) encourage the ongoing interest of girls in science, mathematics, and technology; and (2) prepare girls to pursue undergraduate and graduate degrees and careers in those fields. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Responsibility Using Government Accountability Laws Act of 2014'' or the ``FRUGAL Act''. SEC. 2. OFFSHORE TAX POLICIES ENFORCEMENT. (a) Determination of Extent of Taxpayer Compliance in Reporting on Foreign Accounts.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall-- (A) conduct an analysis designed to measure the extent to which taxpayers are reporting existing foreign accounts and circumventing the 2003 Offshore Voluntary Compliance Initiative, 2009 Offshore Voluntary Disclosure Program, 2011 Offshore Voluntary Disclosure Initiative, and 2012 Offshore Voluntary Disclosure Programs and the extent to which taxpayers are properly utilizing offshore voluntary disclosure initiatives, and (B) submit a report to Congress based on the analysis. (2) Report.--The report required by paragraph (1) shall-- (A) specify the extent to which taxpayers are circumventing offshore voluntary compliance initiatives and the amount of lost revenue as a result of such circumvention, and (B) contain such recommendations as the Treasury Inspector General for Tax Administration considers is necessary or appropriate for closing offshore tax loopholes and increasing revenue collection from offshore sources. (b) Increase in Educational Outreach Concerning Taxpayer Offshore Tax Obligations.-- (1) In general.--The Commissioner of Internal Revenue shall-- (A) improve targeting taxpayers with offshore accounts by determining how taxpayers learned about the offshore voluntary disclosure program and targeting outreach efforts about offshore account reporting requirements to recent immigrants, and (B) use data gained from offshore programs-- (i) to identify taxpayers with unreported foreign accounts, and (ii) to educate populations of taxpayers that might not be aware of their tax obligations related to offshore income filing requirements. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit a report to Congress describing how the Internal Revenue Service will close offshore tax loopholes and containing recommendations for closing offshore tax loopholes and increasing revenue collection from offshore sources. SEC. 3. REVERSE AUCTIONS IN GOVERNMENT CONTRACTING. (a) Revision of FAR.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to clarify the provisions relating to the use of reverse auctions by Federal agencies. (b) Guidelines.--The revisions to the Federal Acquisition Regulation shall include guidelines for the most efficient use of reverse auctions, including guidelines for ensuring that reverse auctions uphold high quality standards and that small businesses can continue to participate in the procurement process. (c) Reverse Auction Defined.--In this section, the term ``reverse auction'', with respect to a procurement by a Federal agency, means a real-time auction conducted through an electronic medium by a group of offerors that compete against each other by submitting bids for a contract or a task or delivery order, with the ability to submit revised bids throughout the course of the auction, with award made to the offeror that submits the lowest bid. SEC. 4. COIN INVENTORY MANAGEMENT PLAN AND REPORT. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall develop and implement a plan to reduce spending on coin inventory management. (b) Contents of Plan.--The plan required under subsection (a) shall-- (1) assess factors that have increased coin management costs; (2) establish a process to separately monitor direct and indirect costs, including support costs, of coin management; (3) establish goals and performance metrics related to coin management costs; and (4) establish a process to systematically track, analyze, and revise forecasting models of coin orders. (c) Report.--The Board of Governors shall submit to Congress a report on the plan that includes-- (1) a timeline for implementing each objective of the plan; (2) a description of the accuracy of monthly forecasts of coin orders; and (3) a description of cost effective coin management practices across Federal reserve banks.
Fiscal Responsibility Using Government Accountability Laws Act of 2014 or the FRUGAL Act - Requires the Treasury Inspector General for Tax Administration to analyze the extent to which taxpayers are reporting existing foreign accounts and are circumventing or properly utilizing offshore voluntary disclosure initiatives and programs. Requires the Internal Revenue Service (IRS) to: (1) increase educational outreach concerning taxpayer offshore tax obligations, and (2) report to Congress on closing offshore tax loopholes and increasing revenue collection from offshore sources. Requires the Federal Acquisition Regulation to be revised to include guidelines for federal agencies to use reverse auctions, an electronic auction in which offerors compete by submitting bids or revised bids for a contract, task, or delivery order until the award is made to the offeror with the lowest bid. States that the guidelines should ensure that reverse auctions uphold high quality standards and that small businesses can continue to participate in the procurement process. Requires the Board of Governors of the Federal Reserve System to develop and implement a plan to reduce spending on coin inventory management.
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TITLE I--ITEM VETO TO ACHIEVE BALANCED BUDGET BY FISCAL YEAR 1998 SEC. 101. PRESIDENT'S BUDGET SUBMISSION MUST BE IN BALANCE BY FISCAL YEAR 1998. The budgets submitted by the President under section 1105(a) of title 31, United States Code, for fiscal years 1995, 1996, and 1997 shall be consistent with the achievement of a balanced budget by fiscal year 1998, and the budget so submitted for fiscal year 1998 shall be in balance. SEC. 102. ITEM VETO. Subject to section 103, the President may disapprove any item of appropriation in any Act or joint resolution making or continuing appropriations for fiscal year 1994, 1995, 1996, 1997, or 1998. SEC. 103. LIMITATION. (a) In General.--The amount of budget authority which the President may disapprove under section 102 with respect to any Act or joint resolution may not exceed an amount equal to the amount by which the total budget authority for that fiscal year in that Act or joint resolution exceeds the amount of budget authority for that fiscal year which the Director of the Office of Management and Budget estimates to be the amount of budget authority submitted by the President under section 1105(a) of title 31, United States Code, in accounts covered by that Act or joint resolution. (b) Estimating Rules.--The estimates referred to in subsection (a) shall be made as prescribed in section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985. The Director of the Office of Management and Budget shall transmit a report to the President and to each House of Congress containing any such estimate within 5 calendar days after the enactment of any Act or joint resolution referred to in section 102. SEC. 104. PROCEDURE. The President shall return with objections any item of appropriation disapproved to the House in which the Act or joint resolution containing such item originated. The Congress may, in the manner prescribed under section 7 of Article I for Acts disapproved by the President, reconsider any item so disapproved. TITLE II--CHANGING BUDGETING AND APPROPRIATING BY ELIMINATING THE COMMITTEES ON APPROPRIATIONS Subtitle A--Changes in the House of Representatives SEC. 201. ESTABLISHMENT; FUNCTIONS. There is created in the House of Representatives a select committee which is authorized and directed to report to the House of Representatives in January 1994 a resolution amending the Rules of the House of Representatives with respect to the budget and appropriations process, which includes the following changes: (1) Elimination of the Committee on Appropriations. (2) Modification of the membership and jurisdiction of the Committee on the Budget to-- (A) make that committee an exclusive committee; (B) provide that committee with exclusive jurisdiction to report (anytime after September 15 of the calendar year in which the fiscal year commences) joint resolutions making continuing appropriations at current levels; and (C) provide that committee with exclusive jurisdiction to make binding allocations of budget authority, spending authority, entitlement authority, and credit authority by major functional category and revenues to other standing committees, consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Modification of the jurisdiction of each standing committee to provide it with the authority to make appropriations with respect to its subject matter jurisdiction. SEC. 202. MEMBERSHIP. The select committee is to be composed of 10 Members of the House of Representatives to be appointed by the Speaker; 5 from the majority party and 5 from the minority party, one of whom he shall designate as chairman. Any vacancy occurring in the membership of the committee shall be filled in the manner in which the original appointment was made. For purposes of this section, the term ``Members'' shall mean any Representative in, or Delegate or Resident Commissioner to, the House of Representatives. SEC. 203. AUTHORITY AND PROCEDURES. (a) Authority.--To carry out this subtitle, the select committee is authorized to hold hearings and to sit and act, whether the House is in session, has recessed, or has adjourned. (b) Rules of Procedure.--(1) The provisions of clauses 1, 2, and 3 of rule XI of the Rules of the House of Representatives, except the provisions of clause 2(m) relating to the subpoena power, shall apply to the select committee. (2) Nothing contained in subsection (a) shall be construed to limit the applicability of clause 2(i) of rule XI of the Rules of the House of Representatives to the select committee. SEC. 204. ADMINISTRATIVE PROVISIONS. (a) Expenses.--Subject to the adoption of expense resolutions as required by clause 5 of rule XI of the Rules of the House of Representatives, the select committee may incur expenses in connection with its duties under this subtitle. (b) Staff.--To carry out its functions under this subtitle, the select committee is authorized-- (1) to appoint, either on a permanent basis or as experts or consultants, such staff as the select committee considers necessary; (2) to prescribe the duties and responsibilities of such staff; (3) to fix the compensation of such staff at a single per annum gross rate which does not exceed the highest rate of basic pay, as in effect from time to time, of level V of the Executive Schedule in section 5316 of title 5, United States Code; and (4) to terminate the employment of any such staff as the select committee considers appropriate. (c) Expiration.--The select committee and all authority granted in this subtitle shall expire 30 days after reporting to the House. SEC. 205. RECORDS. The records, files, and materials of the select committee shall be transferred to the Clerk of the House. Subtitle B--Changes in the Senate SEC. 211. ESTABLISHMENT; FUNCTIONS. There is created in the Senate a select committee which is authorized and directed to report to the Senate in January 1994 a resolution amending the Standing Rules of the Senate with respect to the budget and appropriations process, which includes the following changes: (1) Elimination of the Committee on Appropriations. (2) Modification of the membership and jurisdiction of the Committee on the Budget to-- (A) make that committee an exclusive committee; (B) provide that committee with exclusive jurisdiction to report (anytime after September 15 of the calendar year in which the fiscal year commences) joint resolutions making continuing appropriations at current levels; and (C) provide that committee with exclusive jurisdiction to make binding allocations of budget authority, spending authority, entitlement authority, and credit authority by major functional category and revenues to other standing committees, consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Modification of the jurisdiction of each standing committee to provide it with the authority to make appropriations with respect to its subject matter jurisdiction. SEC. 212. MEMBERSHIP. The select committee is to be composed of 6 Members of the Senate to be appointed by the President of the Senate; 3 from the majority party and 3 from the minority party, one of whom he shall designate as chairman. Any vacancy occurring in the membership of the committee shall be filled in the manner in which the original appointment was made. SEC. 213. AUTHORITY. To carry out this subtitle, the select committee is authorized to hold hearings and to sit and act, whether the Senate is in session, has recessed, or has adjourned. SEC. 214. ADMINISTRATIVE PROVISIONS. (a) Expenses.--Subject to the adoption of an authorization resolution as required by paragraph 9 of rule XXVI of the Standing Rules of the Senate, the select committee may incur expenses in connection with its duties under this subtitle. (b) Staff.--To carry out its functions under this subtitle, the select committee is authorized-- (1) to appoint, either on a permanent basis or as experts or consultants, such staff as the select committee considers necessary; (2) to prescribe the duties and responsibilities of such staff; (3) to fix the compensation of such staff at a single per annum gross rate which does not exceed the highest rate of basic pay, as in effect from time to time, of level V of the Executive Schedule in section 5316 of title 5, United States Code; and (4) to terminate the employment of any such staff as the select committee considers appropriate. (c) Expiration.--The select committee and all authority granted in this subtitle shall expire 30 days after reporting to the Senate. SEC. 215. RECORDS. The records, files, and materials of the select committee shall be transferred to the Secretary of the Senate.
TABLE OF CONTENTS: Title I: Item Veto to Achieve Balanced Budget by Fiscal Year 1998 Title II: Changing Budgeting and Appropriating by Eliminating the Committees on Appropriations Title I: Item Veto to Achieve Balanced Budget by Fiscal Year 1998 - Requires the President to submit budgets for FY 1995 through 1997 to achieve a balanced budget by FY 1998. Requires the FY 1998 budget to be balanced. Grants the President an item veto authority for appropriations for FY 1994 through 1998. Title II: Changing Budgeting and Appropriating by Eliminating the Committees on Appropriations - Establishes a select committee in the House of Representatives and a select committee in the Senate to report to their respective Houses in January 1994 resolutions amending their respective Rules to: (1) eliminate the Committees on Appropriations; (2) modify the membership and jurisdiction of the Committees on the Budget; and (3) modify the jurisdiction of each standing committee to authorize it to make appropriations with respect to its subject matter jurisdiction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Survivors Support Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(l) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. (a) Policy.--It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. (c) Exclusion of Certain Aliens.--To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (d) Review and Construction.--Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (e) Authority To Detain.--Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act. (f) Definitions.-- (1) Convention defined.--In this section, the term ``Convention'' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment of Punishment, done at New York on December 10, 1984. (2) Same terms as in the convention.--Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify.''. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Survivors of Torture Support Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.
Torture Survivors Support Act - Declares that it is U.S. policy not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. Requires the heads of the appropriate agencies to prescribe regulations to implement U.S. obligations under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment of Punishment, subject to any provisos contained in the U.S. Senate resolution of ratification of the Convention. Directs that such regulations exclude from protection certain aliens (e.g., those that committed serious nonpolitical crimes). Denies a court jurisdiction to review the regulations adopted, except as part of the review of a final order of removal. (Sec. 5) Requires the appropriate officials, in considering an application by an alien who presents a claim of having been (or whom there is reason to believe has been) subjected to torture, to take into account: (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or its incidence is reduced, their torturers may have gone unpunished and may remain in positions of authority. Requires refugees who have been subjected to torture to be considered refugees of special humanitarian concern to the United States and to be accorded priority for settlement at least as high as that accorded any other group of refugees. Amends the Immigration and Nationality Act to establish special procedures for aliens who are the victims of torture. Requires an asylum officer or immigration judge, with the alien's consent, to: (1) expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum or the withholding of removal with respect to the alien would not aggravate the physical or psychological effects of torture; and (2) postpone any such interview or proceeding if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify. Makes the finding that an alien is the victim of torture a strong presumptive basis for a grant of parole in lieu of detention. Exempts such an alien from expedited removal. Expresses the sense of the Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for relevant immigration-related officials of the Department of Justice, and the Secretary of State to provide training for consular officers, regarding: (1) the identification of torture and of the surrounding circumstances in which torture is most often practiced; (2) the long-term effects of torture upon a victim; (3) the identification of the physical, cognitive, and emotional effects of torture and the manner in which such effects can affect the interview or hearing process; and (4) the manner of interviewing torture victims to avoid retraumatizing them, eliciting the necessary information to document the torture, and understanding the difficulties victims often have in recounting their experience. Requires gender-specific training on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Infertility Treatment and Hope Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) infertility affects 6,100,000 men and women; (2) infertility is a disease which affects men and women with equal frequency; (3) approximately 1 in 10 couples cannot conceive without medical assistance; (4) recent medical breakthroughs make infertility a treatable disease; and (5) only 25 percent of all health plan sponsors provide coverage for infertility services. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for infertility benefits for federal employees health benefits plans.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2001. SEC. 4. PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Individual Market.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended-- (1) by redesignating the first subpart 3 (relating to other requirements) as subpart 2; and (2) by adding at the end of subpart 2 the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated on or after January 1, 2001. SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL EMPLOYEES HEALTH BENEFITS PLANS. (a) Types of Benefits.--Section 8904(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(G) Infertility benefits.''. (b) Health Benefits Plan Contract Requirement.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Each contract under this chapter shall include a provision that ensures infertility benefits as provided under this subsection. ``(2) Infertility benefits under this subsection shall include-- ``(A) diagnostic testing and treatment of infertility; ``(B) drug therapy, artificial insemination, and low tubal ovum transfers; ``(C) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(D) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(3)(A)(i) Subject to clause (ii), procedures under paragraph (2)(C) shall be limited to 4 completed embryo transfers. ``(ii) If a live birth follows a completed embryo transfer, 2 additional completed embryo transfers shall be provided. ``(B) Procedures under paragraph (2)(C) shall be provided if-- ``(i) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(ii) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine.''. (c) Effective Date.--The amendments made by this section shall apply to contract years beginning on or after January 1, 2001.
Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act; (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act; or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual. Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market. Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans as well.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Economic and National Security by Maintaining U.S. Leadership in Multilateral Development Banks Act''. SEC. 2. CAPITAL STOCK INCREASE FOR THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT. The Bretton Woods Agreements Act (22 U.S.C. 286-286tt) is amended by adding at the end the following: ``SEC. 69. CAPITAL STOCK INCREASE. ``(a) Increase Authorized.-- ``(1) In general.--The United States Governor of the Bank may-- ``(A) vote for an increase of 484,102 shares in the authorized capital stock of the Bank; and ``(B) subscribe on behalf of the United States to 81,074 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For subscriptions under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $9,780,361,991 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized by paragraph (1)-- ``(A) $586,821,720 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $9,193,540,271 shall be for callable shares of the authorized capital stock of the Bank''. SEC. 3. CAPITAL STOCK INCREASE FOR THE INTER-AMERICAN DEVELOPMENT BANK. The Inter-American Development Bank Act (22 U.S.C. 283-283z-12) is amended by adding at the end the following: ``SEC. 41. CAPITAL STOCK INCREASE. ``(a) Increase Authorized.-- ``(1) In general.--The United States Governor of the Bank may-- ``(A) vote in favor of the resolution providing for an increase in the authorized capital stock of the Bank, as approved by the Board of Governors of the Bank on July 21, 2010; and ``(B) subscribe on behalf of the United States to 1,741,135 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the subscription under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $21,004,064,337 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized by paragraph (1)-- ``(A) $510,090,175 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $20,493,974,162 shall be for callable shares of the authorized capital stock of the Bank.''. SEC. 4. CAPITAL STOCK INCREASE FOR THE AFRICAN DEVELOPMENT BANK. The African Development Bank Act (22 U.S.C. 290i-290i-10) is amended by adding at the end the following: ``SEC. 1344. CAPITAL STOCK INCREASE. ``(a) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe to 289,391 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the subscription under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,322,228,221 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized under paragraph (1)-- ``(A) $259,341,759 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $4,062,886,462 shall be for callable shares of the authorized capital stock of the Bank.''. SEC. 5. CAPITAL STOCK INCREASE FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. The European Bank for Reconstruction and Development Act (22 U.S.C. 290l-290l-8) is amended by adding at the end the following: ``(12) Capital stock increase.-- ``(A) Subscription authorized.-- ``(i) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to not more than 90,044 additional callable shares of the authorized capital stock of the Bank. ``(ii) Subject to appropriations.--Any subscription under clause (i) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(B) Limitations on authorization of appropriations.--For the subscription under subparagraph (A), there are authorized to be appropriated, without fiscal year limitation, $1,252,331,952 for payment by the Secretary of the Treasury for callable shares of the authorized capital stock of the Bank.''. SEC. 6. TRANSPARENCY AND ACCOUNTABILITY. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is amended by adding at the end the following: ``SEC. 1629. TRANSPARENCY AND ACCOUNTABILITY. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to initiate discussions to advocate and promote efforts to-- ``(1) require the government of each country receiving adjustment or budget support loans to demonstrate transparent budgetary processes including budget publication and public scrutiny before loan or grant approval; ``(2) provide greater public disclosure of loan documents of the respective bank; and ``(3) use technology to improve multilateral development outcomes by making available to the public data about projects carried out using financing provided by the respective bank and about programs of the respective bank.''. SEC. 7. CORRUPTION. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1630. CORRUPTION. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to initiate discussions in order to advocate and promote efforts to-- ``(1) implement best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures, and protections against retaliation for internal and lawful public disclosures by the employees of the respective bank and others affected by the operations of the respective bank who challenge illegality or other misconduct that could threaten the mission of the respective bank, including-- ``(A) best practices for legal burdens of proof; ``(B) access to independent adjudicative bodies; and ``(C) results which eliminate the effects of proven retaliation; and ``(2) implement clear anti-corruption procedures setting forth circumstance under which a person will be barred from receiving a loan, contract, grant, guarantee or credit from the respective bank, and make the procedures available to the public.''. SEC. 8. PROCUREMENT. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1631. PROCUREMENT. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to advocate and promote efforts by the respective bank to maintain strong procurement standards that maintain international competitive bidding for projects funded by the respective bank, to maximize broad United States and international participation in accordance with sound procurement practices, including transparency, broad international competition, established standards and documentation for bidding and bid evaluation, and cost-effective results for the borrowers.''. SEC. 9. ARGENTINA. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1632. ARGENTINA. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development and the Inter-American Development Bank to-- ``(1) oppose any loan to the government of Argentina (other than a loan that serves basic human needs); and ``(2) to initiate discussions with other executive directors at the respective bank to advocate and vigorously promote efforts to encourage Argentina to normalize relations with its official and private creditors and elsewhere in the international community, including in its dealings with the International Centre for Settlement of Investment Disputes, the Paris Club, the Financial Action Task Force, and the International Monetary Fund, until the Secretary determines and certifies to the Congress that Argentina is normalizing its status in the international community as demonstrated by improved relations with the Financial Action Task Force, the International Monetary Fund, and its official and private creditors, including in the context of compliance with the International Centre for Settlement of Investment Disputes. ``(b) Waiver Authority.--The President may waive the application of subsection (a)(1) if the President determines and reports to Congress that-- ``(1) applying subsection (a)(1) would cause serious harm to the national security of the United States; or ``(2) it is in the vital economic interests of the United States to do so.''.
Supporting Economic and National Security by Maintaining U.S. Leadership in Multilateral Development Banks Act - Amends the Bretton Woods Agreements Act, the Inter-American Development Bank Act, the African Development Bank Act, and the European Bank for Reconstruction and Development Act to authorize the U.S. Governors of the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development to vote for specified increases in the capital stock of the respective Banks. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors at such Banks to initiate discussions to advocate and promote efforts to: (1) require the government of each country receiving adjustment or budget support loans to demonstrate transparent budgetary processes before loan or grant approval, (2) provide greater public disclosure of loan documents of the respective bank, and (3) use technology to make available to the public data about projects carried out using Bank financing as well as about programs of the respective Bank. Requires the Secretary to instruct the U.S. Executive Directors at the respective Banks to initiate discussions in order to advocate and promote efforts to: (1) implement best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures, as well as protections against retaliation for internal and lawful public disclosures by Bank employees and others affected by Bank operations; and (2) implement specified anti-corruption procedures. Requires the Secretary to instruct the U.S. Executive Directors at the respective Banks to advocate and promote efforts to: (1) maintain strong procurement standards that maintain international competitive bidding for projects funded by the respective Bank; and (2) maximize broad U.S. and international participation in accordance with sound procurement practices, including transparency, broad international competition, established standards and documentation for bidding and bid evaluation, and cost-effective results for the borrowers. Directs the Secretary to instruct the U.S. Executive Directors at the International Bank for Reconstruction and Development and the Inter-American Development Bank to: (1) oppose any loan to the government of Argentina (other than one that serves basic human needs); and (2) initiate discussions with other Executive Directors at the respective Bank to advocate and promote vigorously efforts to encourage Argentina to normalize relations with its official and private creditors and elsewhere in the international community, including in its dealings with the International Centre for Settlement of Investment Disputes, the Paris Club, the Financial Action Task Force, and the International Monetary Fund.
{"src": "billsum_train", "title": "To maintain American leadership in multilateral development banks in order to support United States economic and national security by authorizing general capital increases for the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development, and for other purposes."}
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SECTION 1. FCC DAILY NEWSPAPER CROSS-OWNERSHIP RULE. (a) Immediate Review.-- (1) In general.--The Federal Communications Commission shall modify section 73.3555(d) of its regulations (47 C.F.R. 73.3555(d)) to provide for the immediate review of a license for any AM, FM, or TV broadcast station held by any party (including all parties under common control) that acquires direct or indirect ownership, operation, or control of a daily newspaper. (2) Notice to commission.--The modification under paragraph (1) shall require that any licensee covered by that paragraph notify the Committee of the acquisition of the ownership, operation, or control of a daily newspaper upon the acquisition of such ownership, operation, or control. (b) Remedial Action.--The Commission shall further modify section 73.3555(d) of its regulations (47 C.F.R. 73.3555(d)) to require modification or revocation of the license, or divestiture of such ownership, operation, or control of the daily newspaper, unless the Commission determines that direct or indirect ownership, operation, or control of the daily newspaper by that party will not cause a result described in paragraph (1), (2), or (3) of that section. (c) 6-Month Deadline for Compliance.--Under the regulations as modified under subsection (b), if the Commission does not make a determination described in subsection (b), the Commission shall require the modification, revocation, or divestiture to be completed not later than the earlier of-- (1) the date that is 180 days after the date on which the Commission issues the order requiring the modification, revocation, or divestiture; or (2) the date by which the Commission's regulations require the license to be renewed. (d) Application to Existing Arrangements.-- (1) In general.--In applying its regulations, as modified pursuant to this section, to any license for an AM, FM, or TV broadcast station that is held on the date of the enactment of this Act by a party that also, as of that date, has direct or indirect ownership, operation, or control of a daily newspaper, the Commission-- (A) may grant a permanent or temporary waiver from the modification, revocation, or divestiture requirements of the modified regulation if the Commission determines that the waiver is consistent with the principles of competition, diversity, and localism in the public interest; and (B) shall not apply the modified regulation so as to require modification, revocation, or divestiture in circumstances in which section 73.3555(d) of the Commission's regulations (47 C.F.R. 73.3555(d)) does not apply because of Note 4 to that section. (2) Notice to commission.--A licensee of a license described by paragraph (1) shall notify the Commission not later than 30 days after the date of the enactment of this Act that the license is covered by paragraph (1). SEC. 2. REVIEW BASED ON TRANSACTIONS. The Federal Communications Commission shall further modify section 73.3555 of its regulations (47 C.F.R. 73.3555) so that the Commission will determine compliance with section 73.3555(d) of its regulations, as modified by the Commission pursuant to section 1 of this Act, whenever a party (including all parties under common control)-- (1) that holds a license for an AM, FM, or TV broadcast station acquires direct or indirect ownership, operation, or control of a daily newspaper; or (2) that directly or indirectly owns, operates, or controls a daily newspaper acquires a license for an AM, FM, or TV broadcast station. SEC. 3. FCC TO JUSTIFY REPEAL OR MODIFICATION OF REGULATIONS UNDER REGULATORY REFORM. Section 11 of the Communications Act of 1934 (47 U.S.C. 161) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Relaxation or Elimination of Media Ownership Rules.--If, as a result of a review under subsection (a)(1), the Commission makes a determination under subsection (a)(2) with respect to its regulations governing multiple ownership (47 C.F.R. 73.3555), then not less than 18 months before the proposed repeal or modification under subsection (c) is to take effect, the Commission shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Commerce of the House of Representatives-- ``(1) a statement of the proposed repeal or modification; and ``(2) an explanation of the basis for its determination, including an explanation of how the proposed repeal or modification is expected to promote competition, diversity, and localism in the public interest.''. SEC. 4. DEADLINE FOR MODIFICATION OF REGULATIONS. The Federal Communications Commission shall complete the modifications of its regulations required by sections 1 and 2 of this Act not later than 1 year after the date of the enactment of this Act.
Requires the Federal Communications Commission (FCC) to modify its regulations concerning the multiple ownership of broadcast stations to: (1) require the immediate review of a license for any AM, FM, or TV broadcast station (station) held by any party that acquires the ownership, operation, or control of a daily newspaper; and (2) require the modification or revocation of such license, or divestiture of such ownership, unless such ownership will not cause a radio contour overlap or overlap a third station. Authorizes the FCC to grant a permanent or temporary waiver of such requirement when consistent with the principles of competition, diversity, and localism in the public interest. Prohibits the FCC from requiring such modification, revocation, or divestiture when it is against the public interest, convenience, or necessity.Requires the FCC to further modify its regulations so that it will determine compliance with such modified multiple ownership requirements whenever: (1) a party that holds a license for such a station acquires ownership, operation, or control of a daily newspaper; or (2) a party that owns, operates, or controls a daily newspaper acquires a license for any such station.Allows the FCC to modify or repeal its media ownership rules after reporting an explanation thereof to specified congressional committees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing the Quality of Parental Legal Representation Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) In the Strengthening Abuse and Neglect Courts Act of 2000, the Congress found that ``under both Federal and State law, the courts play a crucial and essential role in the Nation's child welfare system and in ensuring safety, stability, and permanence for abused and neglected children under the supervision of that system''. (2) Child outcomes are improved and courts function more effectively when all parties have quality legal representation. Analysis of data from programs in New York and Michigan revealed that more than 50 percent of children avoided unnecessary foster care placement when all parties received high quality representation. According to the American Bar Association, a pilot program in the State of Washington to improve representation for parents resulted in ``a 53.3 percent increase in the rate of reunification''. (3) In New York, children placed in foster care whose parents receive high quality legal representation spent on average 4.5 months in placement compared to a statewide average of 2\1/2\ years and re-entry rates of 1 percent compared to 15 percent statewide. (4) According to the American Bar Association, the cost per family for high quality legal services in New York was approximately $6,000 over the life of a case as compared to anywhere from $29,000 to $66,000 for 1 year of foster care for a child in New York City in 2010. (5) Training and standards of representation are necessary to ensure qualified representation. According to the American Bar Association Center on Children and the Law, parental representation is ``often substandard, resulting in the failure of due process in these cases. As a result, numerous children are needlessly separated from their parents for extended periods of time and in many cases families are permanently severed through termination of parental rights orders'' and most states have no standard training requirements for attorneys representing parents in their state. SEC. 3. AMENDMENTS TO THE COURT IMPROVEMENT PROGRAM. (a) Provision of Legal Representation for Parents and Legal Guardians With Respect to Child Welfare Cases.--Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to provide legal representation for parents and legal guardians with respect to proceedings described in paragraph (1).''. (b) Application.--Section 438(b) of such Act (42 U.S.C. 629h(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a grant for any purpose described in subsection (a)(5)-- ``(i) a description of how the grant will be used to provide legal representation to parents and legal guardians; ``(ii) a description of how the court will prioritize the provision of legal representation, including how and when attorneys will be assigned to represent a parent or legal guardian; and ``(iii) a description of how courts and child welfare agencies on the local and State levels will collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how increased quality representation of parents and legal guardians with respect to child welfare cases will improve child and family outcomes.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``or''; (B) in subparagraph (D), by striking ``and (C)'' and inserting ``(C), and (D)''; and (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: ``(D) the purpose described in subsection (a)(5); or''. (c) Amount of Grant.--Section 438(c)(1) is amended by striking ``and (C)'' and inserting ``(C), and (D)''. (d) Allocation of Funds.--Section 438(c)(3)(A) of such Act (42 U.S.C. 629h(c)(3)(A)) is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) $10,000,000 for grants for the purpose described in subsection (a)(5); and''. (e) Funding.--Section 436 of such Act (42 U.S.C. 629g) is amended-- (1) in subsection (a), by striking ``$345,000,000'' and inserting ``$355,000,000''; and (2) in subsection (b)(2), by striking ``$30,000,000'' and inserting ``$40,000,000''.
Enhancing the Quality of Parental Legal Representation Act of 2011 - Amends title IV (Temporary Aid to Needy Families) (TANF) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make grants to the highest state courts to enable them to provide legal representation for parents and legal guardians with respect to child welfare cases. Increases funding for discretionary and targeted grants.
{"src": "billsum_train", "title": "To provide funds to State courts for the provision of legal representation to parents and legal guardians with respect to child welfare cases."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Job Creation Act of 2010''. SEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Small Business Credit for Hiring Certain Unemployed Individuals During 2010 and 2011.-- ``(1) In general.--In the case of an eligible unemployed individual who begins work for an eligible small business during 2010 or 2011, the taxpayer may elect to treat such individual as a member of a targeted group for purposes of this subpart, subject to the modifications in paragraph (4) and in lieu of treating such individual as a member of any other targeted group. ``(2) Eligible small business.--For purposes of this subsection, the term `eligible small business' means any person if-- ``(A) either-- ``(i) the gross receipts of such person for the preceding taxable year did not exceed $20,000,000, or ``(ii) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 200 full-time employees during the preceding taxable year, and ``(B) such person elects the application of this section for the taxable year. For purposes of subparagraph (B)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 35 or more calendar weeks in the taxable year. ``(3) Eligible unemployed individual.--For purposes of this section, the term `eligible unemployed individual' means any individual-- ``(A) who is certified by the designated local agency as being eligible to receive unemployment compensation under State or Federal law during the 1- year period ending on the hiring date, or ``(B) whose employment with the employer was terminated before January 1, 2010. ``(4) Employee must be full-time.--No wages shall be taken into account with respect to any individual for any taxable year unless such individual is employed by the employer an average of at least 30 hours per week in the taxable year (in the case of the taxable year during which the individual begins work, beginning with the day the individual begins work). ``(5) Modifications.--For purposes of this subsection, the modifications described in this paragraph are as follows: ``(A) Percentage of wages.--Subsection (a) shall be applied-- ``(i) in the case of wages paid or incurred by the employer during 2010, by substituting `7.5 percent' for `40 percent', and ``(ii) in the case of wages paid or incurred by the employer during 2011, by substituting `5 percent' for `40 percent'. ``(B) Qualified wages during 2010 and 2011 taken into account.--Subsection (b)(2) shall be applied by substituting `during 2010 and 2011' for `during the 1- year period beginning with the day the individual begins work for the employer'. ``(C) $75,000 wage limitation.--Subsection (b)(3) shall be applied by substituting `$75,000' for `$6,000'. ``(D) Double credit in counties with high unemployment.-- ``(i) In general.--In the case of an employer located in a county which is a high unemployment county for the month during which the employee begins work for the employer, clauses (i) and (ii) of subparagraph (A) shall be applied by substituting `15 percent' and `10 percent' for `7.5 percent' and `5 percent', respectively. ``(ii) High unemployment county.--For purposes of this subparagraph, the term `high unemployment county' means, with respect to any month, a county for which the rate of unemployment exceeds the national rate of unemployment (as determined by the Bureau of Labor Statistics of the Department of Labor). ``(E) Credit to apply for all 2011.--This subsection shall be applied without regard to subsection (c)(4)(B). ``(F) Certain rehires eligible.--Subection (i)(2) shall not apply to an individual whose employment with the employer was terminated before January 1, 2010.''. (b) Effective Date.--The amendments made by this section shall apply to employees hired after December 31, 2009.
Small Business Job Creation Act of 2010 - Amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 200 full-time employees a work opportunity tax credit for hiring unemployed individuals as full-time employees during 2010 or 2011. Doubles the rate of such credit for employers located in counties with high unemployment rates.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) According to the National Science Board's 2008 Science and Engineering Indicators, only 5 percent of American college graduates major in engineering, compared with 13 percent of European students and 20 percent of students in Asia. (2) Although United States fourth graders score well against international competition, United States students fall near the bottom or dead last by 12th grade in mathematics and science, respectively. (3) Admissions requirements for undergraduate engineering schools include a solid background in mathematics (algebra, geometry, trigonometry, and calculus) and science (biology, chemistry, and physics), in addition to courses in English, social studies, and humanities. (4) According to the Bureau of Labor Statistics, overall engineering employment is expected to grow by 11 percent over the 2008 through 2018 decade, and, as a group, engineers earn some of the highest average starting salaries among individuals holding bachelor's degrees. (5) According to the Department of Labor, engineers should be creative, inquisitive, analytical, and detail oriented. Engineers should be able to work as part of a team and to communicate well, both orally and in writing. Communication abilities are becoming increasingly important as engineers interact more frequently with specialists in a wide range of fields outside engineering. (6) Exposure to project- and problem-based learning, in a competitive team environment, gives 9th through 12th graders the skills the students need to be successful in engineering programs of study and engineering careers. (7) According to Brandeis University's Center for Youth and Communities, participants in FIRST Robotics (a nonprofit organization that inspires young people to be science and technology leaders by engaging the young people in mentor-based programs)-- (A) are more likely to attend college full-time than nonparticipants (88 percent versus 53 percent); (B) are nearly 2 times as likely to major in a science or engineering field; and (C) are more than 3 times as likely to have majored specifically in engineering. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; or (B) if a local educational agency chooses not to apply for a grant under this Act, a secondary school served by the nonapplying local educational agency. (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Poverty line.--The term ``poverty line'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (4) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) STEM.--The term ``STEM'' means science, technology, engineering, or mathematics. SEC. 3. INNOVATIVE INSPIRATION SCHOOL GRANT PROGRAM. (a) Goals of Program.--The goals of the Innovation Inspiration grant program are-- (1) to provide opportunities for eligible entities to support non-traditional STEM education teaching methods; (2) to support the participation of students in nonprofit robotics or STEM competitions; (3) to foster innovation and broaden interest in and access to careers in the STEM fields by investing in programs supported by teachers and professional mentors who receive hands-on training and ongoing communications that strengthen the interactions of the teachers and mentors with-- (A) students on competitive robotics or STEM teams; and (B) other students in the STEM classrooms and communities of the teachers and mentors; and (4) to encourage the collaboration among students, engineers, and professional mentors to design, build, program, and compete in challenges with sophisticated robots. (b) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities-- (A) to promote STEM in secondary schools; (B) to support the participation of secondary school students in robotics or STEM competitions; and (C) to broaden secondary school students' access to careers in STEM. (2) Duration.--The Secretary shall award each grant under this Act for a period of not more than 5 years. (3) Amounts.--The Secretary shall award a grant under this Act in an amount that is sufficient to carry out the goals of this Act. (c) Application.-- (1) In general.--Each eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--The application shall, at a minimum, include a description of how the eligible entity will-- (A) carry out each of the elements of a robotics or STEM competition described in subparagraphs (B) through (F) of subsection (d)(1); (B) establish robotics or STEM competition programs to inspire students in grades 9 through 12 to become innovators in STEM; (C) identify and recruit mentors for the programs described in subparagraph (B) and the participants in the programs; (D) support teachers who lead the programs and participants in the programs through stipends or other incentives; (E) recruit young women and individuals from populations traditionally underrepresented in the STEM fields to participate in the programs; (F) identify public and private partners that can support the programs with cash or in-kind contributions; (G) plan for sustaining the programs financially beyond the grant period; and (H) evaluate the grant project and the results of the grant project among participating students, including-- (i) comparing students who participate in the grant project to similar students who do not so participate; and (ii) evaluating-- (I) secondary school graduation rates; (II) college-going rates; (III) the number of students taking advanced STEM related secondary school classes; and (IV) the ability of students participating in the grant project to partner with professional mentors. (3) Preference.--In developing the criteria for grant awards under this Act, the Secretary shall give preference to an application that addresses the needs of-- (A) a rural or urban school; (B) a low-performing school or school district; or (C) a local educational agency or school that serves-- (i) not fewer than 10,000 children from families with incomes below the poverty line; or (ii) a student population not less than 20 percent of whom are from families with incomes below the poverty line. (d) Uses of Funds.-- (1) In general.--Each eligible entity that receives a grant under this Act may use the grant funds for the following: (A) STEM education and career activities.-- Promotion of STEM education and career activities. (B) Purchase of parts.--The purchase of parts required to support participation in team robotics or STEM competitions. (C) Teacher incentives and stipends.--Incentives and stipends for teachers involved in robotics or STEM competitions. (D) Support and expenses.--Support and expenses for participation in regional and national robotics or STEM competitions. (E) Additional materials and support.--Additional materials and support, such as equipment, facility use, and other expenses, directly associated with robotics or STEM competitions. (F) Evaluation.--Carrying out the evaluation described in subsection (c)(2)(H). (2) Nonprofit competitions.--Grant funds made available under this Act for robotics or STEM competitions shall only be used to support participation in nonprofit robotics or STEM competitions. (3) Administrative costs.--Each eligible entity that receives a grant under this Act may use not more than 2 percent of the grant funds for administrative costs related to the administration of the project supported by the grant. (e) Matching Requirement.-- (1) In general.--Subject to paragraph (2) each eligible entity that receives a grant under this Act shall secure, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 50 percent of the grant. The non-Federal contribution may be provided in cash or in kind. (2) Waiver.--The Secretary may waive all or part of the matching requirement described in paragraph (1) for an eligible entity if the Secretary determines that applying the matching requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant project. (f) Supplement, Not Supplant.--Grant funds provided to an eligible entity under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (g) Secretary's Activities.-- (1) Communications and outreach program.--From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall establish a communications and outreach program to publicize-- (A) non-traditional teaching methods applicable to STEM; and (B) the availability and application procedure for the grant program established by this Act. (2) Evaluation program.--The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act, which shall include assessing the impact, of student participation in the grant project assisted under this Act, on future course-taking and postsecondary study, by comparing students so participating to similar students who do not so participate. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this Act such sums as may be necessary for each of the fiscal years 2011 through 2015. (2) Limitations.--Of the amounts appropriated under paragraph (1) for a fiscal year-- (A) not more than 1 percent shall be used for the communications and outreach program under subsection (g)(1); and (B) not more than 1 percent shall be used for the evaluation program under subsection (g)(2).
Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering, and mathematics (STEM) in secondary schools; (2) support the participation of secondary school students in nonprofit robotics or STEM competitions; and (3) broaden secondary school students' access to STEM careers. Allows secondary schools to apply for such grants if their LEA does not. Gives priority to grant applications that address the needs of: (1) rural or urban schools; (2) low-performing schools or school districts; or (3) LEAs or schools that serve at least 10,000 poor children or a student population at least 20% of which is poor. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs or schools. Directs the Secretary to: (1) publicize the grant program and nontraditional STEM teaching methods; and (2) evaluate the efficacy of the grant program.
{"src": "billsum_train", "title": "A bill to establish within the Department of Education the Innovation Inspiration school grant program, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (2) since citizens of the United States spend up to 90 percent of a day indoors, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (3) exposure to environmental tobacco smoke occurs in schools, public buildings, and other indoor facilities; (4) recent scientific studies have concluded that exposure to environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts in sensitive populations (including children); (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and (6) according to information released by the Environmental Protection Agency, environmental tobacco smoke results in a loss to the economy of over $3,000,000,000 per year. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Children.--The term ``children'' means individuals who have not attained the age of 18. (3) Children's services.--The term ``children's services'' means-- (A)(i) direct health services routinely provided to children; or (ii) any other direct services routinely provided primarily to children, including educational services; and (B) that are funded (in whole or in part) by Federal funds. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. NONSMOKING POLICY FOR CHILDREN'S SERVICES. (a) Issuance of Guidelines.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidelines for instituting and enforcing a nonsmoking policy at each indoor facility where children's services are provided. (b) Contents of Guidelines.--A nonsmoking policy that meets the requirements of the guidelines shall, at a minimum, prohibit smoking in each portion of an indoor facility where children's services are provided that is not ventilated separately (as defined by the Administrator) from other portions of the facility. SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES. (a) Technical Assistance.--The Administrator and the Secretary shall provide technical assistance to persons who provide children's services and other persons who request technical assistance. The technical assistance shall include information-- (1) on smoking cessation programs for employees; and (2) to assist in compliance with the requirements of this Act. SEC. 6. FEDERALLY FUNDED PROGRAMS. (a) In General.--Notwithstanding any other provision of law, each person who provides children's services shall establish and make a good-faith effort to enforce a nonsmoking policy that meets or exceeds the requirements of subsection (b). (b) Nonsmoking Policy.-- (1) General requirements.--A nonsmoking policy meets the requirements of this subsection if the policy-- (A) is consistent with the guidelines issued under section 4(a); (B) prohibits smoking in each portion of an indoor facility used in connection with the provision of services directly to children; and (C) where appropriate, requires that signs stating that smoking is not permitted be posted in each indoor facility to communicate the policy. (2) Permissible features.--A nonsmoking policy that meets the requirements of this subsection may allow smoking in those portions of the facility-- (A) in which services are not normally provided directly to children; and (B) that are ventilated separately from those portions of the facility in which services are normally provided directly to children. (c) Waiver.-- (1) In general.--A person described in subsection (a) may publicly petition the head of the Federal agency from which the person receives Federal funds (including financial assistance) for a waiver from any or all of the requirements of subsection (b). (2) Conditions for granting a waiver.--Except as provided in paragraph (3), the head of the Federal agency may grant a waiver only-- (A) after consulting with the Administrator, and receiving the concurrence of the Administrator; (B) after giving an opportunity for public hearing (at the main office of the Federal agency or at any regional office of the agency) and comment; and (C) if the person requesting the waiver provides assurances that are satisfactory to the head of the Federal agency (with the concurrence of the Administrator) that-- (i) unusual extenuating circumstances prevent the person from establishing or enforcing the nonsmoking policy (or a requirement under the policy) referred to in subsection (b) (including a case in which the person shares space in an indoor facility with another entity and cannot obtain an agreement with the other entity to abide by the nonsmoking policy requirement) and the person will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the maximum extent possible; or (ii) the person requesting the waiver will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the same degree as the policy (or requirement) under subsection (b). (3) Special waiver.-- (A) In general.--On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children's services pursuant to a collective bargaining agreement that-- (i) took effect before the date of enactment of this Act; and (ii) includes provisions relating to smoking privileges that are in violation of the requirements of this section. (B) Termination of waiver.--A special waiver granted under this paragraph shall terminate on the earlier of-- (i) the first expiration date (after the date of enactment of this Act) of the collective bargaining agreement containing the provisions relating to smoking privileges; or (ii) the date that is 1 year after the date specified in subsection (f). (d) Civil Penalties.-- (1) In general.--(A) Any person subject to the requirements of this section who fails to comply with the requirements shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, but in no case shall the amount be in excess of the amount of Federal funds received by the person for the fiscal year in which the violation occurred for the provision of children's services. (B) Each day a violation continues shall constitute a separate violation. (2) Assessment.--A civil penalty for a violation of this section shall be assessed by the head of the Federal agency that provided Federal funds (including financial assistance) to the person (or if the head of the Federal agency does not have the authority to issue an order, the appropriate official) by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before issuing the order, the head of the Federal agency (or the appropriate official) shall-- (A) give written notice to the person to be assessed a civil penalty under the order of the proposal to issue the order; and (B) provide the person an opportunity to request, not later than 15 days after the date of receipt of the notice, a hearing on the order. (3) Amount of civil penalty.--In determining the amount of a civil penalty under this subsection, the head of the Federal agency (or the appropriate official) shall take into account-- (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the ability to pay, the effect of the penalty on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and a demonstration of willingness to comply with the requirements of this Act; and (C) such other matters as justice may require. (4) Modification.--The head of the Federal agency (or the appropriate official) may compromise, modify, or remit, with or without conditions, any civil penalty that may be imposed under this subsection. The amount of the penalty as finally determined or agreed upon in compromise may be deducted from any sums that the United States owes to the person against whom the penalty is assessed. (5) Petition for review.--A person who has requested a hearing concerning the assessment of a penalty pursuant to paragraph (2) and is aggrieved by an order assessing a civil penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. The petition may only be filed during the 30-day period beginning on the date of issuance of the order making the assessment. (6) Failure to pay.--If a person fails to pay an assessment of a civil penalty-- (A) after the order making the assessment has become a final order and without filing a petition for judicial review in accordance with paragraph (5); or (B) after a court has entered a final judgment in favor of the head of the Federal agency (or appropriate official), the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the last day of the 30-day period referred to in paragraph (5) or the date of the final judgment, as the case may be) in an action brought in an appropriate district court of the United States. In the action, the validity, amount, and appropriateness of the penalty shall not be subject to review. (e) Exemption.--This section shall not apply to a person who provides children's services who-- (1) has attained the age of 18; (2) provides children's services-- (A) in a private residence; and (B) only to children who are, by affinity or consanguinity, or by court decree, a grandchild, niece, or nephew of the provider; and (3) is registered and complies with any State requirements that govern the children's services provided. (f) Effective Date.--This section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act. SEC. 7. REPORT BY THE ADMINISTRATOR. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit a report to Congress that includes-- (1) information concerning the degree of compliance with this Act; and (2) an assessment of the legal status of smoking in public places. SEC. 8. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act.
Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency to issue guidelines for enforcing a nonsmoking policy at indoor facilities where children's services are provided. Requires such policy, at a minimum, to prohibit smoking in each portion of such a facility that is not ventilated separately. Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to persons who provide children's services and other persons who request it. Authorizes persons who make a good-faith effort to enforce a nonsmoking policy that meets requirements to petition their funding Federal agency for a waiver from the general requirements. Sets forth conditions for granting waivers, including that the person requesting the waiver will make a good-faith effort to enforce an alternative nonsmoking policy to protect children. Provides for special waivers for persons who provide children's services pursuant to certain collective bargaining agreements. Prescribes civil penalties for violations of this Act. Exempts from this Act's requirements registered persons providing children's services in a private residence to grandchildren, nieces, or nephews. Directs the Administrator to report to the Congress on information concerning compliance with this Act and an assessment of the legal status of smoking in public places.
{"src": "billsum_train", "title": "Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993"}
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SECTION 1. HUBZONE SMALL BUSINESS CONCERN. Section 3(p)(3) of the Small Business Act (15 U.S.C. 632(p)(3)) is amended to read as follows: ``(3) Hubzone small business concern.--The term `HUBZone small business concern' means-- ``(A) a small business concern that is owned and controlled by 1 or more persons, each of whom is a United States citizen; ``(B) a small business concern that is-- ``(i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1))); or ``(ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1)), if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to section 29(e)(2)) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(2))); or ``(C) a small business concern-- ``(i) that is wholly owned by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments; or ``(ii) that is owned in part by 1 or more Indian tribal governments, or by a corporation that is wholly owned by 1 or more Indian tribal governments, if all other owners are either United States citizens or small business concerns.''. SEC. 2. QUALIFIED HUBZONE SMALL BUSINESS CONCERN. (a) In General.--Section 3(p)(5)(A)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)) is amended by striking subclauses (I) and (II) and inserting the following: ``(I) it is a HUBZone small business concern-- ``(aa) pursuant to subparagraph (A) or (B) of paragraph (3), and that its principal office is located in a HUBZone and not fewer than 35 percent of its employees reside in a HUBZone; or ``(bb) pursuant to paragraph (3)(C), and not fewer than 35 percent of its employees engaged in performing a contract awarded to the small business concern on the basis of a preference provided under section 31(b) reside within any Indian reservation governed by 1 or more of the tribal government owners, or reside within any HUBZone adjoining any such Indian reservation; ``(II) the small business concern will attempt to maintain the applicable employment percentage under subclause (I) during the performance of any contract awarded to the small business concern on the basis of a preference provided under section 31(b); and''. (b) HUBZone Pilot Program for Sparsely Populated Areas.--Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by adding at the end the following: ``(E) HUBZone pilot program for sparsely populated areas.-- ``(i) In general.--Notwithstanding subparagraph (A)(i)(I)(aa), during the period beginning on the date of enactment of the Small Business Reauthorization Act of 2000 and ending on September 30, 2003, a small business concern, the principal office of which is located in the State of Alaska, an Alaska Native Corporation under paragraph (3)(B)(i), or a direct or indirect subsidiary, joint venture, or partnership under paragraph (3)(B)(ii) shall be considered to be a qualified HUBZone small business concern if-- ``(I) its principal office is located within a HUBZone within the State of Alaska; ``(II) not fewer than 35 percent of its employees who will be engaged in performing a contract awarded to it on the basis of a preference provided under section 31(b) will perform their work in any HUBZone located within the State of Alaska; or ``(III) not fewer than 35 percent of its employees reside in a HUBZone located within the State of Alaska or in any Alaska Native Village within the State of Alaska. ``(ii) Exception.-- ``(I) In general.--Clause (i) shall not apply in any fiscal year following a fiscal year in which the total amount of contract dollars awarded in furtherance of the contracting goals established under section 15(g)(1) to small business concerns located within the State of Alaska is equal to more than 2 percent of the total amount of such contract dollars awarded to all small business concerns nationally, based on data from the Federal Procurement Data System. ``(II) Limitation.--Subclause (I) shall not be construed to disqualify a HUBZone small business concern from performing a contract awarded to it on the basis of a preference provided under section 31(b), if such concern was qualified under clause (i) at the time at which the contract was awarded.''. (c) Clarifying Amendment.--Section 3(p)(5)(D)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by inserting ``once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern,'' before ``include''. SEC. 3. OTHER DEFINITIONS. Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended by adding at the end the following: ``(6) Native american small business concerns.-- ``(A) Alaska native corporation.--The term `Alaska Native Corporation' has the same meaning as the term `Native Corporation' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(B) Alaska native village.--The term `Alaska Native Village' has the same meaning as the term `Native village' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(C) Indian reservation.--The term `Indian reservation'-- ``(i) has the same meaning as the term `Indian country' in section 1151 of title 18, United States Code, except that such term does not include-- ``(I) any lands that are located within a State in which a tribe did not exercise governmental jurisdiction on the date of enactment of this paragraph, unless that tribe is recognized after that date of enactment by either an Act of Congress or pursuant to regulations of the Secretary of the Interior for the administrative recognition that an Indian group exists as an Indian tribe (part 83 of title 25, Code of Federal Regulations); and ``(II) lands taken into trust or acquired by an Indian tribe after the date of enactment of this paragraph if such lands are not located within the external boundaries of an Indian reservation or former reservation or are not contiguous to the lands held in trust or restricted status on that date of enactment; and ``(ii) in the State of Oklahoma, means lands that-- ``(I) are within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and ``(II) are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).''.
Includes for participation in the HUBZone pilot program for sparsely populated areas, during the period beginning on the date of enactment of the Small Business Reauthorization Act of 2000 and ending on September 30, 2003, a small business concern the principal office of which is in Alaska, an Alaska Native Corporation, or a subsidiary, joint venture, or partnership thereof, if: (1) its principal office is located within a HUBZone in Alaska; (2) at least 35 percent of its employees who will perform work under an SBA awarded contract will perform such work in Alaska; or (3) at least 35 percent of its employees reside in a HUBZone within Alaska or in any Alaska Native Village. Provides an exception.
{"src": "billsum_train", "title": "A bill to ensure and enhance participation in the HUBZone program by small business concerns in Native America, to expand eligibility for certain small businesses on a trial basis, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Producers Value-Added Investment Tax Credit Act of 2003''. SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer who is-- ``(1) an eligible person, or ``(2) a farmer-owned entity, the value-added agricultural property investment credit determined under this section for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. In the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. ``(b) Maximum Credit.--For purposes of subsection (a)-- ``(1) Property placed in service by eligible person.--In the case of property placed in service during a taxable year by an eligible person, the credit determined under this section for such year shall not exceed $30,000, reduced by the amount of the creditable investments allowed for the taxable year under paragraph (2). ``(2) Property placed in service by farmer-owned entity.-- ``(A) In general.--In the case of property placed in service by a farmer-owned entity, the credit determined under this section shall not exceed the sum of the eligible person's creditable investments in such entity as of the date such property is placed in service. ``(B) Creditable investments.--For purposes of subparagraph (A), the term `creditable investments' means, with respect to any property placed in service by a farmer-owned entity, the aggregate qualified investments made by the eligible person in such entity, reduced (but not below zero) by the sum of-- ``(i) the amount of the aggregate qualified investments made by such person in such entity which were taken into account under this section with respect to property previously placed in service by such entity, and ``(ii) the amount of the aggregate qualified investments made by such person in all other farmer-owned entities which were taken into account under this section with respect to property previously placed in service by such other entities. ``(C) Limitation.--For purposes of this paragraph, the aggregate qualified investments made by the eligible person which may be taken into account for any taxable year shall not exceed $30,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified value-added agricultural property.--The term `qualified value-added agricultural property' means property-- ``(A) which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes, ``(B)(i) to which section 168 applies without regard to any useful life, or ``(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more, and ``(C) which is owned and operated by an eligible person or a farmer-owned entity. ``(2) Eligible person.-- ``(A) In general.--The term `eligible person' means a person who materially participates during the taxable year in an eligible farming business. ``(B) Material participation.--For purposes of subparagraph (A), the determination of whether a person materially participates in the trade or business of farming shall be made in a manner similar to the manner in which such determination is made under section 2032A(e)(6). In the case that the person is a corporation, cooperative, partnership, estate, or trust, such determination shall be made at the shareholder, partner, or beneficial interests level (as the case may be). ``(C) Eligible farming business.--For purposes of subparagraph (A), the term `eligible farming business' means a farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)). ``(3) Farmer-owned entity.-- ``(A) In general.--The term `farmer-owned entity' means-- ``(i) a corporation (including an S corporation) in which eligible persons own 50 percent or more of the total voting power of the stock and 50 percent or more (in value) of the stock, ``(ii) a partnership in which eligible persons own 50 percent or more of the total voting power of the profits interest and 50 percent or more (in value) of the profits interest, and ``(iii) a cooperative in which eligible persons own 50 percent or more of the total voting power of the member patronage interests and 50 percent or more (in value) of the member patronage interests. ``(B) Constructive ownership rules.--For purposes of subparagraph (A), rules similar to the rules of section 263A(e)(2)(B) shall apply; except that, in applying such rules, the members of an individual's family shall be the individuals described in subparagraph (C). ``(C) Members of family.--The family of any individual shall include only his spouse and children, grandchildren, and great grandchildren (whether by the whole or half blood), and the spouses of his children, grandchildren, and great grandchildren, who reside in the same household or jointly operate farming businesses (as defined in section 263A(e)(4)). For purposes of the preceding sentence, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(4) Qualified investments.-- ``(A) In general.--The term `qualified investments' means a payment of cash for the purchase of a qualified equity interest in a farmer-owned entity. ``(B) Qualified equity interest.--The term `qualified equity interest' means-- ``(i) any stock in a domestic corporation if such stock is acquired by the taxpayer after December 31, 2002, and before January 1, 2009, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) any capital or profits interest in a domestic partnership if such interest is acquired by the taxpayer after December 31, 2002, and before January 1, 2009, and ``(iii) any patronage interest in a cooperative if such interest is acquired by the taxpayer after December 31, 2002, and before January 1, 2009. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of this paragraph. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment of married individuals.--In the case of a separate return by a married individual (as defined in section 7703), subsection (b)(3)(A) shall be applied by substituting `$15,000' for `$30,000'. ``(2) Applicable rules.--Under regulations prescribed by the Secretary-- ``(A) Allocation of credit in the case of estates and trusts.--Rules similar to the rules of subsection (d) of section 52 shall apply. ``(B) Certain property not eligible.--Rules similar to the rules of section 50(b) shall apply. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section to any eligible person with respect to qualified value-added agricultural property, the basis of such property shall be reduced by the amount of the credit so allowed and increased by the amount of recapture under subsection (e). ``(e) Recapture in the Case of Certain Dispositions.-- ``(1) In general.--Under regulations prescribed by the Secretary, rules similar to the rules of section 50(a) shall apply with respect to an eligible person if, within the 5-year period beginning on the date qualified value-added agricultural property with respect to which such person was allowed a credit under subsection (a) is originally placed in service-- ``(A) such property ceases to be qualified for purposes of this section, ``(B) the eligible person or the farmer-owned entity (as the case may be) disposes of all or part of such property, or ``(C) the eligible person or the farmer-owned entity (as the case may be) ceases to be an eligible person or farmer-owned entity for purposes of this section. ``(2) Special rules in event of death.-- ``(A) In general.--The period in paragraph (1) shall be suspended with respect to an eligible person for the 2-year period beginning on the date of death of such person. ``(B) Heirs who are eligible persons.--In the case that an heir of an eligible person is also an eligible person, neither paragraph (1) nor subparagraph (A) of this paragraph (unless elected by such heir) shall apply with respect to the transfer of property to such heir. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. ``(g) Termination.--This section shall not apply to property placed in service after December 31, 2008.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible person (as defined in section 45G(c)), the value-added agricultural property investment credit determined under section 45G(a).''. (c) Credit Allowable Against Minimum Tax.-- (1) In general.--Paragraph (3) of section 38 of such Code is amended-- (A) by inserting ``and value-added agricultural property credit'' after ``employee credit'' in the heading, (B) by inserting ``and the value-added agricultural property credit'' after ``employee credit'' each place it appears in subparagraph (A), and (C) by adding at the end the following new subparagraph: ``(C) Value-added agricultural property credit.-- For purposes of this subsection, the term `value-added agricultural property credit' means the credit determined under section 45G.'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the value-added agricultural property credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(10) No carryback of value-added agricultural property investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the value-added agricultural property investment credit determined under section 45G.''. (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d)(3), in the case of payments with respect to which a credit has been allowed under section 38.''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new section: ``Sec. 45G. Value-added agricultural property investment credit.''. (h) Effective Date.--The amendments made by this section shall apply to qualified investments (as defined in section 45G(c)(5) of the Internal Revenue Code of 1986 (as added by this section) made, and property placed in service, after December 31, 2002.
Agricultural Producers Value-Added Investment Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide that for purposes of the general business credit, for either an eligible farmer or a farmer-owned entity, the value-added agricultural property investment credit for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. Provides that, in the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. Limits such credit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Small Business Tax Credit Act of 2015''. SEC. 2. VETERAN SMALL BUSINESS START-UP CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. VETERAN SMALL BUSINESS START-UP CREDIT. ``(a) In General.--For purposes of section 38, in the case of an applicable veteran-owned business which elects the application of this section, the veteran small business start-up credit determined under this section for any taxable year is an amount equal to 15 percent of so much of the qualified start-up expenditures of the taxpayer as does not exceed $80,000. ``(b) Applicable Veteran-Owned Small Business.--For purposes of this section-- ``(1) In general.--The term `applicable veteran-owned small business' means a small business controlled by one or more qualified veterans. ``(2) Qualified veteran.--The term `qualified veteran' means any individual (or the spouse or surviving spouse of such an individual) who-- ``(A) has served on active duty in the Armed Forces of the United States, and ``(B) at any time in the course of such service, was stationed outside of the United States. Such term shall not include any individual who was discharged or released from the Armed Forces of the United States under dishonorable conditions. ``(3) Control.--The term `controlled' means-- ``(A) management and operation of the daily business, and ``(B)(i) in the case of a sole proprietorship, sole ownership, ``(ii) in the case of a corporation, ownership (by vote or value) of not less than 51 percent of the stock in such corporation, or ``(iii) in the case of a partnership or joint venture, ownership of not less than 51 percent of the profits interests or capital interests in such partnership or joint venture. ``(4) Small business.--The term `small business' means, with respect to any taxable year, any person engaged in a trade or business in the United States if-- ``(A) the gross receipts of such person for the preceding taxable year did not exceed $5,000,000, or ``(B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year. For purposes of subparagraph (B), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year. ``(c) Qualified Start-Up Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified start-up expenditures' means-- ``(A) any start-up expenditures (as defined in section 195(c)), or ``(B) any amounts paid or incurred during the taxable year for the purchase or lease of real property, or the purchase of personal property, placed in service during the taxable year and used in the active conduct of a trade or business. ``(d) Special Rules.--For purposes of this section-- ``(1) Year of election.--The taxpayer may elect the application of this section only for the first 2 taxable years for which ordinary and necessary expenses paid or incurred in carrying on such trade or business are allowable as a deduction by the taxpayer under section 162. ``(2) Controlled groups and common control.--All persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. ``(3) No double benefit.--If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit attributable to such property.''. (b) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Veteran small business start-up credit.''. (c) Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the veteran small business start-up credit determined under section 45S.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.
Veteran Small Business Tax Credit Act of 2015 This bill allows a new business-related tax credit for the start-up expenses of a veteran-owned small business. The allowable amount of such credit is 15% of start-up expenditures that do not exceed $80,000. The credit is allowed to any individual (or the surviving spouse of such individual) who: (1) has served on active duty in the U.S. Armed Forces, (2) was stationed outside the United States, and (3) was not discharged or released under dishonorable conditions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Benefits Claims Prompt Payment Act of 2002''. SEC. 2. PROMPT PAYMENT OF CLAIMS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. PROMPT PAYMENT OF CLAIMS. ``(a) In General.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant, beneficiary, or enrollee with respect to benefits covered by the plan or issuer, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan or coverage involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, to comply with the provisions referred to in subsection (b).''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PROMPT PAYMENT OF CLAIMS. ``(a) In General.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant or beneficiary with respect to benefits covered by the plan or issuer, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan or coverage involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, to comply with the provisions referred to in subsection (b).''. (B) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Prompt payment of claims.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Prompt payment of claims.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. PROMPT PAYMENT OF CLAIMS. ``(a) A group health plan shall provide for prompt payment of claims submitted for health care services or supplies furnished to a participant or beneficiary with respect to benefits covered by the plan, in a manner that is no less protective than the provisions referred to in subsection (b). ``(b) Provisions.--The provisions referred to in this subsection are the provisions of section 1842(c)(2) of the Social Security Act (42 U.S.C. 1395u(c)(2)), as modified as follows: ``(1) Alternative interest rate.--Instead of applying the interest rate calculated under section 3902(a) of title 31, United States Code, the interest rate shall be 1 percent of the payment amount due plus, in the case of payments not made within 25 days of the due date, an additional 1 percent interest due for every month the payment is past due. ``(2) Coverage of 100 percent of claims.--The reference in such section 1842(c)(2) to `not less than 95 percent of all claims submitted under this part' shall be deemed to be a reference to `100 percent of all claims submitted under the plan involved'. ``(c) Permitting Additional Penalties.--State Insurance Commissioners may establish and impose monetary penalties or other penalties for failure by a group health plan to comply with the provisions referred to in subsection (b).''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. PROMPT PAYMENT OF CLAIMS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Protection of States' Rights.--Any issue relating to prompt payment for health care services or supplies that is not governed by any provision of law as amended by this section shall be governed by otherwise applicable State or Federal law. This section (and the provisions amended by this section) does not preempt or supercede any law that imposes shorter time frames for payment, greater penalties for non-payment, and, in general, provides greater assurances that group health plans and health insurance issuers provide for prompt payment of claims submitted for health care services or supplies furnished to a participant, beneficiary, or enrollee with respect to benefits covered by the plan or issuer. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--The amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2003. (2) Individual health insurance coverage.--The amendment made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
Health Benefits Claims Prompt Payment Act of 2002 - Amends the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act to require that group and individual health insurance coverage and group health plans provide for prompt payment for health benefits claims.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Eliminate the Magnet for Illegal Immigration Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in INS investigators to enforce employer sanctions. Sec. 3. Increase in Department of Labor investigators to enforce labor standards. Sec. 4. Increase in investigators in Office of Special Counsel for Immigration-Related Unfair Employment Practices to enforce antidiscrimination provisions. Sec. 5. Subpoena and related authority. Sec. 6. Reducing the number of employment verification documents. Sec. 7. Increasing penalties for document fraud. Sec. 8. Joint targeted efforts by the INS and the Department of Labor to investigate employer sanctions and labor standards. Sec. 9. Employer education. Sec. 10. Increasing civil money penalties for hiring, recruiting, and referral violations. Sec. 11. Increasing penalties for repeated or willful violations of labor standards. Sec. 12. Increasing civil money penalties for unfair immigration- related employment practices. Sec. 13. Immigration-related discrimination. Sec. 14. Definitions. SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries and expenses of personnel of the Immigration and Naturalization Service such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Service by 365 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such personnel and resources as are necessary to assist the additional investigators in the enforcement of employer sanctions (as defined in section 14(1)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of employer sanctions with priority given to areas where there are high concentrations of unauthorized aliens (as defined in section 14(4)) who are employed. SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR STANDARDS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries, and expenses of personnel of the Employment Standards Administration of the Department of Labor such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Administration by 300 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of labor standards (as defined in section 14(3)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of labor standards with priority given to areas where there are high concentrations of unauthorized aliens who are employed. SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO ENFORCE ANTIDISCRIMINATION PROVISIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries, and expenses of personnel of the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the Department of Justice such amounts as may be necessary-- (1) to provide for an increase in the number of investigators of such Office by 50 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of immigration-related antidiscrimination provisions (as defined in section 12(2)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate and prosecute violations of immigration-related antidiscrimination provisions. SEC. 5. SUBPOENA AND RELATED AUTHORITY. (a) Subpoena Authority for Designated Immigration Officers.-- Sections 274A(e)(2) and 274C(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(2), 1324c(d)(1)) are each amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period and inserting ``, and''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the date notice of an intention to impose an order under this subsection is provided.''. (b) Secretary of Labor Authority.-- (1) In general.--Title II of the Immigration and Nationality Act is amended by adding at the end the following new section: ``secretary of labor authority ``Sec. 294. (a) Subpoena Authority.--The Secretary of Labor may issue subpoenas requiring the attendance and testimony of witnesses or the production of any records, books, papers, or documents in connection with any investigation or hearing conducted in the enforcement of any immigration program for which the Secretary of Labor has been delegated enforcement authority under this title. ``(b) Authority in Hearings.--In such a hearing, the Secretary of Labor may administer oaths, examine witnesses, and receive evidence. ``(c) Enforcement for Subpoenas.--In case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the Secretary of Labor, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.''. (2) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 293 the following: ``Sec. 294. Secretary of Labor authority.''. SEC. 6. REDUCING THE NUMBER OF EMPLOYMENT VERIFICATION DOCUMENTS. (a) In General.--Subparagraph (B) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) is amended-- (1) in clause (i), by adding ``or'' at the end; (2) in clause (v), by striking ``or other alien registration card, if the card--'' and inserting ``alien registration card, or other documentation designated by regulation by the Attorney General, if the document--''; (3) in clause (v), by inserting ``and contains appropriate security features'' before the period; (4) by striking clauses (ii), (iii), and (iv); and (5) by redesignating clause (v) as clause (ii). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to hiring, recruiting, or referring that occurs after such date (not later than 2 years after the date of the enactment of this Act) as the Attorney General shall specify. SEC. 7. INCREASING PENALTIES FOR DOCUMENT FRAUD. (a) Criminal Penalties.-- (1) Fraud and misuse of government-issued identification documents.--Section 1028(b)(1) of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years'' and by adding at the end the following new provision: ``Notwithstanding any other provision of this title, the maximum term of imprisonment that may be imposed for an offense under this section-- ``(1) if committed to facilitate a drug trafficking crime (as defined in section 929(a)) is 15 years; and ``(2) if committed to facilitate an act of international terrorism (as defined in section 2331) is 20 years.''. (2) Changes to the sentencing levels.--Pursuant to section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promptly promulgate guidelines, or amend existing guidelines, to make appropriate increases in the base offense levels for offenses under section 1028(a) of title 18, United States Code. (b) Civil Penalties.-- (1) Activities prohibited.--Section 274C(a) of the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is amended-- (A) in paragraph (3), by striking ``or'' at the end; (B) in paragraph (4), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(5) to present before boarding a common carrier for the purpose of coming to the United States a document that relates to the alien's eligibility to enter the United States and to fail to present such document to an immigration officer upon arrival at a United States port of entry, or ``(6) in reckless disregard of the fact that the information is false or does not relate to the applicant, to prepare, to file, or to assist another in preparing or filing, documents which are falsely made for the purpose of satisfying a requirement of this Act. The Attorney General may waive the penalties of this section with respect to an alien who knowingly violates paragraph (5) if the alien is subsequently granted asylum under section 208 or withholding of deportation under section 243(h). For the purposes of this section, a document relating to an individual shall be considered to be `falsely' made if the document was prepared with knowledge or in reckless disregard of the fact that the document contains false, fictitious, or fraudulent information or material misrepresentation, or fails to include a material fact pertaining to the individual.''. (2) Conforming amendments.--Section 274C(d)(3) of such Act (8 U.S.C. 1324c(d)(3)) is amended by striking ``each document used, accepted, or created and each instance of use, acceptance, or recreation'' each place it appears in subparagraphs (A) and (B) and inserting ``each document that is the subject of a violation under subsection (a)''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 8. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS. (a) In General.--The Secretary of Labor shall establish, in consultation with the Commissioner of Immigration and Naturalization and not later than 3 months after the date of the enactment of this Act, programs for the Immigration and Naturalization Service and Department of Labor to jointly investigate violations of employer sanctions and labor standards and target areas where there are high concentrations of unauthorized aliens who are employed. (b) Performance Review.--Not later than 6 months after the date the Secretary of Labor and the Commissioner of Immigration and Naturalization have established the programs referred to in subsection (a), the National Performance Review in the Office of the Vice- President shall assess the programs and identify the best strategies for targeting industries likely to violate both employer sanctions and labor standards. SEC. 9. EMPLOYER EDUCATION. The Attorney General, in consultation with the Secretary of Labor, the Small Business Administrator, and the Commissioner of Internal Revenue, shall conduct a nationwide program to inform employers about their responsibilities concerning employer sanctions, labor standards, and immigration-related antidiscrimination provisions. SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS. (a) In General.--Subparagraph (A) of section 274A(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended-- (1) in clause (i), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in clause (ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; and (3) in clause (iii), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 11. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF LABOR STANDARDS. (a) In General.--Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following new paragraph: ``(4) Increased penalties.--In the case of a person or entity that has been found through a final administrative determination or determination by a court (which finding has not been reversed) to have willfully or repeatedly violated one or more labor standards with respect to an unauthorized alien who is employed, each dollar amount specified in subsections (e)(4), (e)(5), and (g)(2) shall be twice the dollar amount otherwise specified for violation occurring during the 10-year period beginning on the date of such determination.''. (b) Conforming Amendments.--Section 274A of such Act (8 U.S.C. 1324a) is amended-- (1) in paragraphs (4)(A) and (5) of subsection (e), by inserting ``(subject to subsection (h)(4))'' after ``in an amount''; and (2) in subsection (g)(2), by striking ``of $1,000'' and inserting ``in an amount (subject to subsection (h)(4)) equal to $1,000''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations of employer sanctions that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act, but shall not apply to violations of labor standards occurring before the date of the enactment of this Act. SEC. 12. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION- RELATED EMPLOYMENT PRACTICES. (a) In General.--Clause (iv) of section 274B(g)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; (3) in subclause (III), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''; and (4) in subclause (IV), by striking ``100 and not more than $1,000'' and inserting ``$200 and not more than $5,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 13. IMMIGRATION-RELATED DISCRIMINATION. (a) Study.--The Attorney General shall provide for a study on the effect increased enforcement of employer sanctions has on discrimination in the workplace based on national origin or citizenship since 1989. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the study under subsection (a). Such report shall include recommendations regarding how such discrimination may be prevented. SEC. 14. DEFINITIONS. For purposes of this Act: (1) Employer sanctions.--The term ``employer sanctions'' means the requirements of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (2) Immigration-related antidiscrimination provisions.--The term ``immigration-related antidiscrimination provisions'' means the provisions of section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b). (3) Labor standards.--The term ``labor standards'' includes requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), and the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et. seq.). (4) Unauthorized alien.--The term ``unauthorized alien'' has the meaning given such term in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Eliminate the Magnet for Illegal Immigration Act of 1995 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to designated immigration officers and to the Secretary of Labor. Increases specified penalties for: (1) document fraud; (2) hiring, recruiting, and referral violations; (3) labor standards violations; and (4) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Worker Opportunity Act of 2010''. SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45R. FLEXIBLE WORK CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the flexible work credit determined under this section for the taxable year shall be equal to 25 percent of the qualified wages for such taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which-- ``(1) maintains a qualified trust (within the meaning of section 401(a)), and ``(2) provides health insurance coverage (as defined in section 9832(b)(1)(A)) to employees and pays no less than 60 percent of the cost of such health insurance coverage with respect to each full-time employee receiving such coverage. ``(c) Qualified Wages Defined.--For purposes of this section-- ``(1) Qualified wages.--The term `qualified wages' means the wages paid or incurred by an eligible employer during the taxable year to eligible individuals. ``(2) Eligible individuals.-- ``(A) In general.--The term `eligible individual' means an individual who, at the time such wages are paid or incurred-- ``(i) has attained the age of 62, and ``(ii) is participating in a formal flexible work program. ``(B) Limitation.--Such term shall not include any individual who begins participation in a formal flexible work program during any period in which more than 20 percent of the employees of the eligible employer are already participating in a formal flexible work program. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). ``(B) Other rules.--Rules similar to the rules of paragraph (2) and (3) of section 51(c) shall apply for purposes of this section. ``(C) Termination.--The term `wages' shall not include any amount paid or incurred to an individual after December 31, 2012. ``(4) Only first $6,000 of wages per year taken into account.--The amount of the qualified wages which may be taken into account with respect to any individual shall not exceed $6,000 per year. ``(d) Formal Flexible Work Program.--For purposes of this section-- ``(1) In general.--The term `formal flexible work program' means a program of an eligible employer-- ``(A) which consists of core time and flex time, ``(B) under which core time does not exceed-- ``(i) 20 hours per week, ``(ii) 3 days per week, or ``(iii) 1,000 hours per year, and ``(C) which meets the requirements of subsection (e). ``(2) Core time.--The term `core time' means the specific time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined by the employer. ``(3) Flex time.--The term `flex time' means the time other than core time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined at the election of the employee. ``(e) Requirements.--A program shall not be considered a formal flexible work program under this section unless such program meets the following requirements: ``(1) Duration of program.--The program shall allow for participation for a period of at least 1 year. ``(2) No change in health care benefits.--With respect to a participant whose work schedule is no less than 20 percent of the work schedule of a similarly situated full-time employee-- ``(A) such participant shall be entitled to the same health insurance coverage to which a similarly situated full-time employee would be entitled, ``(B) the employer shall contribute the same percentage of the cost of health insurance coverage for such participant as the employer would contribute for a similarly situated full-time employee, and ``(C) such participant shall be entitled to participate in a retiree health benefits plan of the employer in the same manner as a similarly situated full-time employee, except that service credited under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(3) No reduction in pension benefits.-- ``(A) Defined benefit plans.-- ``(i) A participant shall be entitled to participate in a defined benefit plan (within the meaning of section 414(j)) of the employer in the same manner as a similarly situated full-time employee. ``(ii) Service credited to a participant under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(iii) If the plan uses final average earnings to determine benefits, final average earnings of the participant shall be no less than such earnings were before the participant entered the program. ``(B) Defined contribution plans.--A participant shall be entitled to participate in a defined contribution plan (within the meaning of section 414(i)) of the employer in the same manner as a similarly situated full-time employee, and the employer shall match the participant's contributions at the same rate that the employer would match the contributions of a similarly situated full-time employee. ``(C) No forfeiture of pension benefits.--The pension benefits of a participant shall not be forfeited under the rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the Employee Retirement Income Security Act of 1974 with respect to a participant who has attained normal retirement age as of the end of the plan year. ``(4) Nondiscrimination rule.--Eligibility to participate in the program shall not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). ``(f) Certain Individuals Ineligible.--For purposes of this section, rules similar to the rules of section 51(i)(1) and section 52 shall apply. ``(g) Regulations.--The Secretary may prescribe such regulations as are necessary to carry out the purposes of this section, including simplified rules to satisfy the requirements of subsection (e)(3)(C) taking into account the requirements of section 411 and section 203 of the Employee Retirement Income Security Act of 1974.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the flexible work credit determined under section 45R(a).''. (c) No Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45R(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45R. Flexible work credit.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2009. SEC. 3. FEDERAL TASK FORCE ON OLDER WORKERS. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall establish a Federal Task Force on Older Workers (referred to in this Act as the ``Task Force''). (b) Membership.--The Task Force established pursuant to subsection (a) shall be composed of representatives from all relevant Federal agencies that have regulatory jurisdiction over, or a clear policy interest in, issues relating to older workers, including the Internal Revenue Service, the Social Security Administration, the Equal Employment Opportunity Commission, and the Administration on Aging of the Department of Health and Human Services. (c) Activities.-- (1) After one year.--Not later than 1 year after the date of establishment of the Task Force, the Task Force shall-- (A) identify statutory and regulatory provisions in current law that tend to limit opportunities for older workers, and develop legislative and regulatory proposals to address such limitations; (B) identify best practices in the private sector for hiring and retaining older workers, and serve as a clearinghouse of such information; and (C) assess the effectiveness and cost of programs that Federal agencies have implemented to hire and retain older workers and recommend cost-effective programs for all Federal agencies to hire and retain older workers. (2) After three years.--Not later than 3 years after the date of establishment of the Task Force, the Task Force shall-- (A) assess the effectiveness of the provisions of this Act; and (B) organize a Conference on the Aging Workforce, which shall include the participation of senior, business, labor, and other interested organizations. (3) Report.--The Task Force shall submit a report to Congress on the activities of the Task Force pursuant to paragraph (1). Such report shall be made available to the public. (d) Consultation.--In carrying out activities pursuant to this section, the Task Force shall consult with senior, business, labor, and other interested organizations. (e) Applicability of FACA; Termination of Task Force.-- (1) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force established pursuant to this Act. (2) Termination.--The Task Force shall terminate 30 days after the date the Task Force completes all of its duties under this Act.
Older Worker Opportunity Act of 2010 - Amends the Internal Revenue Code to allow employers who provide health and retirement benefits to their employees a tax credit for 25% of the first $6,000 of wages paid to individuals age 62 or older participating in a flexible work program. Terminates such credit after 2012. Directs the Secretary of Labor to establish a Federal Task Force on Older Workers to promote the hiring and retention of older workers. Requires the Task Force to organize a Conference on the Aging Workforce, which shall include the participation of senior, business, labor, and other interested organizations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Act of 2000''. SEC. 2. MASTER TEACHER DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Master teacher.--The term ``master teacher'' means a teacher who-- (A) is licensed or credentialed under State law; (B) has been teaching for at least 5 years in a public or private school or institution of higher education; (C) is selected upon application, is judged to be an excellent teacher, and is recommended by administrators and other teachers who are knowledgeable of the individual's performance; (D) at the time of submission of such application, is teaching and based in a public school; (E) assists other teachers in improving instructional strategies, improves the skills of other teachers, performs mentoring, develops curriculum, and offers other professional development; and (F) enters into a contract with the local educational agency to continue to teach and serve as a master teacher for at least 5 additional years. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Establishment of Demonstration Project.-- (1) In general.--Not later than July 1, 2001, the Secretary shall conduct a demonstration project under which the Secretary shall award competitive grants to local educational agencies to increase teacher salaries and employee benefits for teachers who enter into contracts with the local educational agencies to serve as master teachers. (2) Requirements.--In awarding grants under the demonstration project, the Secretary shall-- (A) ensure that grants are awarded under the demonstration project to a diversity of local educational agencies in terms of size of school district, location of school district, ethnic and economic composition of students, and experience of teachers; and (B) give priority to local educational agencies in school districts that have schools with a high proportion of economically disadvantaged students. (c) Applications.--In order to receive a grant under the demonstration project, a local educational agency shall submit an application to the Secretary that contains-- (1) an assurance that funds received under the grant will be used in accordance with this section; and (2) a detailed description of how the local educational agency will use the grant funds to pay the salaries and employee benefits for positions designated by the local educational agency as master teacher positions. (d) Matching Requirement.--The Secretary may not award a grant to a local educational agency under the demonstration project unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly, through the State, or through a combination thereof) in non-Federal contributions an amount equal to the amount of the grant awarded to the agency. (e) Study and Report.-- (1) In general.--Not later than July 1, 2005, the Secretary shall conduct a study and transmit a report to Congress analyzing the results of the demonstration project conducted under this section. (2) Contents of report.--The report shall include-- (A) an analysis of the results of the project on-- (i) the recruitment and retention of experienced teachers; (ii) the effect of master teachers on teaching by less experienced teachers; (iii) the impact of mentoring new teachers by master teachers; and (iv) the impact of master teachers on student achievement; and (B) recommendations regarding-- (i) continuing or terminating the demonstration project; and (ii) establishing a grant program to expand the project to additional local educational agencies and school districts. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000, for the period of fiscal years 2001 through 2005.
Sets forth requirements for project grant awards, priority for LEAs in school districts that have schools with a high proportion of economically disadvantaged students, applications, non-Federal contributions, and a study and report. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Gun Safety and Gun Access Prevention Act of 2001''. SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (2) in paragraph (2)-- (A) by striking ``a juvenile'' and inserting ``less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by inserting at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (3) in paragraph (3)(A), by inserting ``temporary'' before ``possession''; (4) in paragraph (3)(B), by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (5) in paragraph (3)(C), by striking ``juvenile; or'' and inserting ``person who is less than 21 years of age;''; (6) by striking subparagraph (D) of paragraph (3) and inserting the following: ``(D) the possession of a handgun or ammunition by a person who is less than 21 years of age taken in defense of that person or other persons against an intruder into the residence of that person or a residence in which that person is an invited guest; or''; (7) by adding at the end of paragraph (3) the following: ``(E) a temporary transfer of a handgun or ammunition to a person who is at least 18 years of age and less than 21 years of age, or the temporary use or possession of a handgun or ammunition by a person who is at least 18 years of age and less than 21 years of age, if the handgun and ammunition are possessed and used by the person-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; and ``(ii) in accordance with State and local law.''; and (8) by amending paragraph (4) to strike ``juvenile'' wherever it appears and insert ``person who is less than 21 years of age''. SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF SUCH WEAPONS TO YOUTH. Section 924(a)(6) of title 18, United States Code, is amended to read as follows: ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than one year, or both, and for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony (as defined in section 3559(c) of this title), shall be fined under this title, imprisoned not more than five years, or both. ``(B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than five years, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is less than 21 years of age knowing or having reasonable cause to know that such person intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device in the commission of a crime of violence, shall be fined under this title, imprisoned for not more than 10 years, or both.''. SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS. (a) Secure Gun Storage or Safety Devices by Federal Firearms Licensees.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, transfer, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) unless the transferee is provided with a secure gun storage or safety device.''. (b) Penalties.--Section 924 of such title is amended-- (1) in subsection (a)(1) by inserting ``, or (p)'' before ``of this section''; and (2) by adding at the end the following: ``(p) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this chapter or may subject the licensee to a civil penalty of not more than $10,000 if the holder of such license has knowingly violated section 922(z) of this chapter. The Secretary's actions under this subsection may be reviewed only as provided in section 923(f).''. (c) Repeal of Inconsistent Provisions.-- (1) Section 923(d)(1) of such title is amended-- (A) in subparagraph (E) by adding at the end ``and''; (B) in subparagraph (F) by striking ``; and'' and inserting a period; and (C) by striking subparagraph (G). (2) Section 923(e) of such title is amended by striking ``or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, shall not be considered to be in violation of the requirement to make available such a device)''. (3) Section 119 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking subsection (d). (d) Effective Date.--The amendments made by this section shall be effective 180 days after the date of enactment of this Act. SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD ACCESS TO FIREARMS. Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(aa)(1) In this subsection, the term `child' means an individual who has not attained the age of 18 years. ``(2) Except as provided in paragraph (3), any person who-- ``(A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; and ``(B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and ``(C)(i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or ``(ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both. ``(3) Paragraph (2) shall not apply if-- ``(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; ``(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; ``(C) the child uses the firearm in a lawful act of self- defense or defense of 1 or more other persons; or ``(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.''. SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN SHOW. (a) Prohibitions.--Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(bb)(1) The parent or legal guardian of a child shall ensure that, while the child is attending a gun show, the child is accompanied by an adult. ``(2) It shall be unlawful for a person to conduct a gun show to which there is admitted a child who is not accompanied by an adult. ``(3) In this subsection: ``(A) The term `child' means an individual who has not attained 18 years of age. ``(B) The term `adult' means an individual who has attained 18 years of age.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7) Whoever violates section 922(bb) in a State shall be punished in accordance with the laws of the State that apply to persons convicted of child abandonment.''. SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS. (a) Program Authority.--The Attorney General is authorized to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children. (b) Application.-- (1) In general.--Any unit of local government that desires to receive a grant award under this section shall submit an application to the Attorney General at such time, in such manner and containing such information as the Attorney General may reasonably require. (2) Contents.--Each application referred to in paragraph (1) shall include an assurance that-- (A) funds received under this section shall be used only to provide funds to law enforcement agencies to provide gun safety classes; and (B) gun safety classes will be offered at times convenient to parents, including evenings and weekends. (c) Regulations.--The Attorney General shall issue any regulations necessary to carry out this section. SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS. It is the sense of Congress that-- (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.
Child Gun Safety and Gun Access Prevention Act of 2001 - Amends the Brady Handgun Violence Prevention Act to: (1) raise the age of handgun eligibility to 21 (currently, 18); and (2) prohibit persons under age 21 from possessing semiautomatic assault weapons or large capacity ammunition feeding devices, with exceptions.Increases penalties for: (1) a second or subsequent violation by a juvenile of Brady Act provisions or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony; and (2) transferring a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is under age 21, knowing or having reasonable cause to know that such person intended to use it in the commission of a crime of violence.Prohibits any licensed importer, manufacturer, or dealer from transferring a firearm to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes the Secretary of the Treasury to suspend or revoke any firearms license, or to subject the licensee to a civil penalty of up to $10,000, if the licensee has knowingly violated this prohibition.Prohibits keeping a loaded firearm or an unloaded firearm and ammunition within any premises knowing or recklessly disregarding the risk that a child: (1) is capable of gaining access to it; and (2) will use the firearm to cause death or serious bodily injury.Requires the parent or legal guardian of a child to ensure that a child attending a gun show is accompanied by an adult.Authorizes the Attorney General to provide grants to enable local law enforcement agencies to develop and sponsor gun safety classes for parents and children.Expresses the sense of Congress that each school district should provide or participate in a firearms safety program for students.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Account Number Anti- Fraud Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to reduce the use of fraudulent social security documents for employment purposes. SEC. 3. SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. Section 205 of the Social Security Act (42 U.S.C. 405) is amended by adding at the end the following new subsection: ``Verification of Employee Social Security Account Numbers ``(u)(1)(A) Not later than 10 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act, the Secretary, in consultation with the Commissioner of Immigration and Naturalization and the Secretary of Labor, shall establish a program under which-- ``(i) each American employer, either by telephone through use of a toll-free telephone number or by other electronic device-- ``(I) shall transmit the social security account number and name of each new employee of the employer, and any other information concerning the employee that the Secretary requires by regulation, to the Secretary within 30 days after the commencement of employment of the employee; and ``(II) may transmit the social security account number and name of any employee of the employer to whom subclause (I) does not apply, and any other information concerning the employee that the Secretary requires by regulation, to the Secretary; and ``(ii) notwithstanding any provision of section 552a of title 5, United States Code, the Secretary shall, upon receiving the information transmitted under clause (i), instantaneously notify the employer that there is or is not a discrepancy concerning the information, by sending a communication to the same electronic device through which the information was transmitted to the Secretary. ``(B)(i) The Secretary shall give each employer a verification number for each employee social security account number that the employer transmits under the program established under this paragraph. ``(ii) The Secretary shall maintain, for at least the amount of time during which prosecution for crimes relating to fraudulent use of a social security account number would be allowable under applicable statutes of limitations, records of all contacts that occur under subparagraph (A) or (D) between the Secretary and an employer. ``(C) The Secretary shall establish guidelines to describe the characteristics that constitute a discrepancy concerning a social security account number transmitted to the Secretary under the program established under this paragraph. Under the guidelines, a discrepancy concerning a social security account number shall be indicated if any of the following factors is present regarding the number: ``(i) An invalid social security account number. ``(ii) A social security account number submitted for verification under the program with a name that does not belong to the correct holder of the social security account number. ``(iii) Unusually frequent use of a social security account number. ``(iv) Use of a social security account number in geographically distant locations within a relatively short period of time. ``(v) Any other factor that the Secretary determines to be appropriate. ``(D) If a discrepancy concerning the social security account number of an employee is indicated under the program established under this paragraph-- ``(i) the Secretary shall notify the Commissioner of Immigration and Naturalization, within 24 hours after the discrepancy is indicated, of-- ``(I) the fact that a discrepancy has been indicated regarding the employee; and ``(II) the nature of the discrepancy; ``(ii) the Secretary may not, pursuant to this subsection, notify the employer of the nature of the discrepancy; ``(iii) an employer notified of the discrepancy under subparagraph (A)(ii) shall notify the employee that a discrepancy has been indicated within 14 days after the employer receives the notification; ``(iv) the employee shall contact an office of the Social Security Administration within 14 days after being notified of the discrepancy under clause (iii); ``(v) the Secretary shall notify the employee of the nature of the discrepancy, upon a written request by the employee or a request made by the employee in person at an office of the Social Security Administration; ``(vi) the Secretary shall notify the employee, the current employer of the employee, and the Commissioner of Immigration and Naturalization, in writing, of the resolution or confirmation of the discrepancy, within 30 days after the employee contacts the Social Security Administration under clause (iv); ``(vii) the current employer of the employee shall reverify the social security account number through the program established under this paragraph within 10 days after the Secretary notifies the employer, under clause (vi), that the discrepancy has been resolved; and ``(viii) unless the Secretary notifies the employer, under clause (vi), that the discrepancy has been confirmed, the employer may not take any action to penalize the employee based on the discrepancy. ``(E)(i) The Secretary may not charge a fee to any employer or employee in connection with the utilization of the program established under this paragraph. ``(ii) No employer may charge a fee to-- ``(I) an employee of the employer in connection with the utilization of the program; or ``(II) a job applicant in connection with, or anticipation of, utilization of the program. ``(2) The Secretary may by regulation exempt any employer from the obligation to use the program established under paragraph (1) regarding any employee whose employment with the employer includes only the performance of services described in subparagraph (B) or (C) of section 209(a)(6) for remuneration described in such subparagraph. ``(3)(A) Failure by an employer to comply with paragraph (1) of this subsection shall be considered to be a violation of section 274A(a)(1)(A) of the Immigration and Naturalization Act (8 U.S.C. 1324a(a)(1)(A)), for purposes of section 274A(e) of such Act, as modified by subparagraph (B). ``(B) For purposes of subparagraph (A), section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a(e)) shall be applied by substituting the term `employee' for the term `unauthorized alien' in clause (i) of section 274A(e)(4)(A) of such Act, and for the term `alien' in clauses (ii) and (iii) of such section. ``(4)(A) Any person or business who knowingly and willfully requests or obtains any record, or information, from or under the program established under paragraph (1) under false pretenses shall be guilty of an infraction and shall be subject to a fine as provided in title 18, United States Code. ``(B) The penalties described in section 552a(i) of title 5, United States Code, shall not apply to an activity that is subject to a penalty under subparagraph (A). ``(5) For purposes of this subsection: ``(A) The term `American employer' has the meaning given the term in section 210(e), as such section may from time to time be amended, except that the terms `State' and `United States' within such section shall have the meaning given the term `United States' in subparagraph (D) of this paragraph. ``(B) The term `employee' has the meaning given the term in section 210(j), as such section may from time to time be amended, and does not include a job applicant. ``(C) The term `new employee' means an employee who commences an employment more than 10 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act. ``(D) The term `United States' has the meaning given the term in section 101(38) of the Immigration and Nationality Act, as such section may from time to time be amended.''. SEC. 4. IMPLEMENTATION OF SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. (a) Establishment of Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement the Social Security Account Number Anti-Fraud Program on a partial and interim basis, as provided in this section. (b) Initial Period.--The Secretary shall make the Social Security Account Number Anti-Fraud Program available for the 18-month period beginning 180 days after the date of the enactment of this Act to each employer that participates in Phase II of the Telephone Verification System administered by the Immigration and Naturalization Service. If fewer than 200 of the employers agree to participate in the program, the Secretary may make the program available to additional employers in the States of California, Florida, Illinois, New York, and Texas until the program is available to 200 employers. (c) Report on Initial Implementation.--Not later than 15 months after the beginning of the 18-month period described in subsection (b), the Secretary shall submit to the Congress a report that contains-- (1) an evaluation of the effectiveness of the Social Security Account Number Anti-Fraud Program as the program is implemented under subsections (a) and (b) of this section; and (2) a description of any cooperation between the Social Security Administration and the Immigration and Naturalization Service regarding the program. (d) 5-Year Expansion.-- (1) Requirement regarding new employees.-- (A) In general.--Not later than 5 years after the expiration of the 18-month period described in subsection (b), each employer in the States of California, Florida, Illinois, New York, and Texas shall use the Social Security Account Number Anti-Fraud Program to verify, within 30 days after the commencement of the employment of the employee, the social security account number of each new employee of the employer. (B) Exception.--Paragraph (1) shall not be construed to require an employer to verify the social security account number of an employee if, under regulations issued under section 205(u)(2) of the Social Security Act (as added by this Act), the employer is not required to verify the social security account number of the employee. (2) Availability regarding other employees.--Not later than 5 years after the expiration of the 18-month period described in subsection (b), the Secretary shall make the Social Security Account Number Anti-Fraud Program available to each employer in the States of California, Florida, Illinois, New York, and Texas. (e) Definitions.--For purposes of this section: (1) The term ``employee'' has the meaning given the term in section 210(j) of the Social Security Act (42 U.S.C. 410(j)), as such section may from time to time be amended, and does not include a job applicant. (2) The term ``new employee'' means an employee who commences an employment more than 5 years after the expiration of the 18-month period described in subsection (b). (3) The term ``Social Security Account Number Anti-Fraud Program'' means the program established under subsection (u) of section 205 of the Social Security Act (as added by this Act), but does not include paragraph (1)(A)(i)(I) or (3) of such subsection.
Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security account and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement the Social Security Account Number Anti-Fraud Program according to a prescribed schedule; and (3) report to the Congress on the Program's initial implementation.
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SECTION 1. LAND EXCHANGE. (a) Exchange.--Subject to subsection (c), the Secretary of Agriculture (referred to in this section as the ``Secretary'') shall convey all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(1) to Public Utility District No. 1 of Chelan County, Washington (referred to in this section as the ``Public Utility District''), in exchange for the conveyance to the Department of Agriculture by the Public Utility District of all right, title, and interest of the Public Utility District in and to the lands described in subsection (b)(2). (b) Description of Lands.-- (1) National forest system lands.--The National Forest System lands referred to in subsection (a) are 122 acres, more or less, that are partially occupied by a wastewater treatment facility referred to in subsection (c)(4)(A) with the following legal description: (A) The NE\1/4\ of SW\1/4\ of section 27 of township 27 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such section 27. (C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such section 27. (D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such section 27. (E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such section 27. (F) That portion of the S\1/2\ of SE\1/4\ of SW\1/ 4\ lying north of the northerly edge of Highway 209 right-of-way of such section 27. (2) Public utility district lands.--The lands owned by the Public Utility District are 109.15 acres, more or less, with the following legal description: (A) S\1/2\ of SW\1/4\ of section 35 of township 26 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The area specified by Public Utility District No. 1 as Government Lot 5 in such section 35. (c) Requirements for Exchange.-- (1) Title acceptance and conveyance.--Upon offer by the Public Utility District of all right, title, and interest in and to the lands described in subsection (b)(2), if the title is found acceptable by the Secretary, the Secretary shall accept title to such lands and interests therein and shall convey to the Public Utility District all right, title, and interest of the United States in and to the lands described in subsection (b)(1). (2) Appraisals required.--Before making an exchange pursuant to subsection (a), the Secretary shall conduct appraisals of the lands that are subject to the exchange to determine the fair market value of the lands. Such appraisals shall not include the value of the wastewater treatment facility referred to in paragraph (4)(A). (3) Additional consideration.--If, on the basis of the appraisals made under paragraph (2), the Secretary determines that the fair market value of the lands to be conveyed by one party under subsection (a) is less than the fair market value of the lands to be conveyed by the other party under subsection (a), then, as a condition of making the exchange under subsection (a), the party conveying the lands with the lesser value shall pay the other party the amount by which the fair market value of the lands of greater value exceeds the fair market value of the lands of lesser value. (4) Conveyance of wastewater treatment facility.--(A) As part of an exchange made under subsection (a), the Secretary shall convey to the Public Utility District of Chelan County, Washington, all right, title, and interest of the United States in and to the wastewater treatment facility (including the wastewater treatment plant and associated lagoons) located on the lands described in subsection (b)(1) that is in existence on the date of the exchange. (B) As a condition for the exchange under subsection (a), the Public Utility District shall provide for a credit equal to the fair market value of the wastewater treatment facility conveyed pursuant to subparagraph (A) (determined as of November 4, 1991), that shall be applied to the United States share of any new wastewater treatment facility constructed by the Public Utility District after such date. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the exchange under this section as the Secretary determines appropriate to protect the interests of the United States.
Authorizes the Secretary of Agriculture to exchange certain lands (including a wastewater treatment facility) in the Wenatchee National Forest, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Audit and Accountability Act''. SEC. 2. APPOINTMENT OF FEDERAL RESERVE BANK PRESIDENTS BY THE PRESIDENT BY AND WITH THE CONSENT OF THE SENATE. (a) In General.--Section 4 of the Federal Reserve Act is amended by inserting after the 4th undesignated paragraph (12 U.S.C. 341; relating to general corporate powers) the following new subsection: ``(e) Bank Presidents and 1st Vice Presidents.-- ``(1) Appointment of president.--The President shall appoint, by and with the consent of the Senate, a president for each Federal reserve bank. ``(2) Appointment of 1st vice president.--The president of each Federal reserve bank shall appoint a first vice president for the bank. ``(3) Terms.--The president and first vice president shall be appointed for terms of 5 years. ``(4) Duty of president.--The president of a Federal reserve bank shall be the chief executive officer of the bank. ``(5) Duty of 1st vice president.--In addition to any other duties of the first vice president of a Federal reserve bank, the first vice president shall, in the absence or disability of the president or during a vacancy in the office of president, serve as chief executive officer of the bank. ``(6) Vacancy.--Whenever a vacancy shall occur in the office of the president or the first vice president, it shall be filled in the manner provided for the original appointment and the person so appointed shall hold office until the expiration of the term to which such person's predecessor was appointed.''. (b) Transition.-- (1) President.--The first appointment of the president for each Federal reserve bank which is made in accordance with the amendment made by subsection (a) shall take place upon the earlier of-- (A) the expiration of the term of the president of the bank who is serving in such office on the date of the enactment of this Act; or (B) the occurrence of the first vacancy in the office of president of the bank after the date of the enactment of this Act. (2) 1st vice president.--Notwithstanding any provision of the Federal Reserve Act, the term of the first vice president of any Federal reserve bank who was appointed to such position before the date of the enactment of this Act shall end as of the date on which the president of the bank is first appointed in accordance with the amendment made by subsection (a) and a first vice president shall be appointed in the manner provided by such amendment. (c) Technical and Conforming Amendment.--The subdivision designated ``Fifth.'' of the 4th undesignated paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is amended-- (1) in the 1st sentence, by striking ``a president, vice presidents, and''; and (2) by striking the 2d, 3d, and 4th sentences and inserting the following new sentence: ``All executive officers and all employees of the bank shall be directly responsible to the president of the bank.''. SEC. 3. GAO AUDITS OF FEDERAL RESERVE BOARD AND FEDERAL RESERVE BANKS REQUIRED; ITEMIZED BUDGETS. (a) Removal of Limitation on GAO Audits.--Section 714(b) of title 31, United States Code, is amended by striking the 2d sentence and inserting the following new sentence: ``In the case of any audit of the Board of Governors of the Federal Reserve System or any Federal reserve bank pursuant to the preceding sentence, the audit may not include transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization or any part of any discussion or communication among or between members of the Board of Governors of the Federal Reserve System or officers or employees of such Board which is related to any such transaction.''. (b) Itemized Budgets.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 11A the following new section: ``SEC. 11B. ITEMIZED BUDGETS. ``(a) In General.--During the first 15 days of each regular session of Congress, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve Banks for the following fiscal year and the 2 succeeding fiscal years shall be transmitted to the Congress. ``(b) Form of Budget.--The budget submitted pursuant to subsection (a) shall be transmitted in the same form and shall meet the same requirements, other than the requirement relating to the budget message, as the budget of the United States Government transmitted in accordance with section 1105 of title 31, United States Code.''. SEC. 4. PROMPT PUBLIC DISCLOSURE OF OPEN MARKET COMMITTEE MEETINGS. Section 12A of the Federal Reserve Act (12 U.S.C. 263) is amended by adding at the end the following new subsection: ``(d) Prompt Public Disclosures of Meetings.-- ``(1) Transcription of each meeting.--Subject to paragraph (3), a written verbatim transcript of the discussion at each meeting of the Federal Open Market Committee shall be maintained by the Board and made available to the public before the end of the 1-year period beginning on the date of the meeting and shall be treated as a Government publication for purposes of making such material available to depository libraries through the facilities of the Superintendent of Documents in accordance with chapter 19 of title 41, United States Code. ``(2) Prompt disclosure of policy actions.--An explicit, written description of any determination, decision, directive, or other conclusion made by the Federal Open Market Committee at any meeting of the committee, including any directive or instruction sent to any Federal reserve bank or Federal reserve agent in connection with any open market operation, shall be made available to the public by the end of the 1-hour period beginning at the time the Board or any such bank or agent begins to implement any such determination, decision, directive, conclusion, directive, or instruction. ``(3) Limited redaction authority.-- ``(A) In general.--No verbatim transcript made available to the public pursuant to paragraph (1) may be redacted in any way other than to redact a specific reference to a foreign central bank. ``(B) Compliance audit.--The Comptroller General of the United States shall periodically audit compliance by the Board with the requirements of subparagraph (A). ``(4) Release of prior transcripts.--All transcripts maintained by the Board of any meeting of the Federal Open Market Committee which was held more than 1 year before the date of the enactment of the Federal Reserve Audit and Accountability Act shall be made available to the public in the manner provided under paragraph (1) no later than July 1, 1995. ``(5) Meeting includes executive session.--For purposes of this subsection, the term `meeting' includes any executive session of the Federal Open Market Committee or any informal meeting, teleconference call, or other occasion at which a quorum of the members of the committee are participating.''. SEC. 5. STUDY OF PRIVATIZATION OF THE FEDERAL RESERVE PAYMENT SYSTEM. (a) In General.--The Comptroller General of the United States shall conduct a study, in consultation with all interested parties, on-- (1) whether or not the Board of Governors of the Federal Reserve System has set prices for payment system services provided by such Board in a manner which fully and accurately reflects all direct and indirect costs incurred by the Board in providing such services; and (2) the ability of the private sector to fully provide payment system services, including the services being provided as of the date of the enactment of this Act by the Board, and the costs and benefits of privatizing the services which are being provided by the Board as of such date. (b) Report.--The Comptroller General shall prepare and submit a report to the Congress before the end of the 12-month period beginning on the date of the enactment of this Act on the findings and conclusions of the Comptroller General in connection with the study conducted pursuant to subsection (a).
Federal Reserve Audit and Accountability Act - Amends the Federal Reserve Act to declare that the president and first vice-president of each Federal reserve bank shall be appointed by the President, with the consent of the Senate. (Currently such appointment authority is exercised by each Federal reserve bank's board of directors.) Amends Federal law to remove specified limitations placed upon General Accounting Office audits of the Federal Reserve Board and Federal reserve banks. Requires the Board of Governors of the Federal Reserve System and all Federal reserve banks to transmit their estimated receipts and proposed expenditures to the Congress during the first 15 days of each regular session. Mandates prompt public disclosure of Federal Open Market Committee meetings and actions, including policy actions and prior transcripts. Directs the Comptroller General to study and report to the Congress on the feasibility of privatizing the Federal Reserve payment system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Welfare Workforce Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) Research indicates that child welfare staff face a variety of obstacles that hinder their effective work with children and families in the child welfare system. These obstacles include barriers described in subparagraphs (B) through (D). (B) High caseload and high workload levels prevent child welfare staff from working intensively with children and families and monitoring their progress carefully. (C) Child welfare staff report an absence of sufficient access to supervision, mentoring, and professional advancement. A lack of access to supervision, mentoring, and professional advancement contributes to staff burnout and turnover. (D) States report difficulty hiring and retaining quality child welfare staff. The average tenure of such a staff member is less than 2 years. In addition to the increased cost of hiring and training new child welfare staff, high turnover rates among such staff are associated with multiple placements of children in foster care, longer lengths of stays in foster care, lower rates of permanency, and failed efforts at family reunification. Lengthy periods of foster care increase costs for child welfare agencies, as maintaining children in foster care is more expensive than adoption, reunification, or other permanency options. (2) Supervision, staff preparation and training, caseloads, workloads, data and accountability, working conditions, cultural competence, and leadership are key components of an effective child welfare workforce. SEC. 3. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY FOR OUTCOMES FOR CHILDREN. (a) National Child Welfare Staff Study.-- (1) Study and report.--The Secretary shall enter into an agreement with the National Academy of Sciences, under which the National Academy of Sciences shall-- (A) conduct a national study of child welfare staff, highlighting promising approaches, to-- (i) examine and provide findings related to the demographic and other characteristics of child welfare staff, including compensation, academic degrees held, education and training received, and turnover; (ii) examine and provide findings regarding factors contributing to child welfare staff turnover and strategies that have been effective in reducing the turnover by type of child welfare services, including preventive, protective, foster care, independent living, adoption, and kinship care services; (iii)(I) examine and provide findings regarding strengths and challenges present in the working relationship between child welfare staff, legal and court staff, and other related professionals; and (II) make recommendations regarding how this working relationship may be improved; (iv) examine and provide findings, and make recommendations, regarding appropriate overall workloads and caseloads for all child welfare staff, including appropriate workloads and caseloads for supervisors, analyzed by type of child welfare staff member supervised, including those providing child welfare services, including preventive, protective, foster care, independent living, adoption, and kinship care services, and appropriate measurement of such overall workloads and caseloads; (v)(I) examine and provide findings related to policy and practice regarding education level and training requirements for child welfare staff by type of work, including providing preventive, protective, foster care, adoption, and kinship care services; and (II) make recommendations regarding appropriate education levels and training to ensure competent child welfare staff; and (vi)(I) examine and provide findings related to the kinds of data available to or collected by State or local child welfare agencies with regard to child welfare staff; (II) examine the methods and kinds of data on child welfare staff that States report to the Secretary through the data collection systems authorized under section 103(c)(1)(C) of the Child Abuse Prevention and Treatment Act, section 477(f) of the Social Security Act (42 U.S.C. 677(f)), and section 479 of such Act (42 U.S.C. 679); (III) make recommendations on how States might collect data on child welfare staff, including data on the type of work staff are performing, and report the data to the Secretary, regularly and in a manner that enables the data to be linked to the outcomes achieved for individual children served by the State or local child welfare agency involved, which shall include-- (aa) a means of incorporating the data into the data collection system authorized under section 479 of the Social Security Act (42 U.S.C. 679); and (bb) as appropriate, a means of linking the data to the information collected through the data collection systems authorized under section 103(c)(1)(C) of the Child Abuse Prevention and Treatment Act and under section 477(f) of the Social Security Act (42 U.S.C. 677(f)); and (IV) examine and provide findings regarding the impact of data collection procedures and requirements on child welfare staff, and make recommendations for collecting data on child welfare staff in such a way that the attention and time of child welfare staff are not diverted from providing services to children and families in order to meet data collection requirements; and (B) not later that 18 months after the date on which the Secretary and the National Academy of Sciences enter into the agreement, submit a report containing the results of the study, including the findings and recommendations described in subparagraph (A), to the Secretary. (2) Consultation with indian tribes and tribal organizations.--The agreement entered into by the Secretary and the National Academy of Sciences under paragraph (1) shall require that, in conducting the study described in that paragraph, the National Academy of Sciences shall consult with Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) regarding any aspects of the study that will address tribal-specific or unique issues, concerns, or special circumstances with respect to Indian children and their families. (3) Report to congress.--Not later than 3 months after receiving the report submitted under paragraph (1)(B), the Secretary shall transmit the report to the appropriate committees of Congress, along with a description of how the Secretary plans to consult with State administrators, Indian tribes and tribal organizations, child welfare staff, and other appropriate stakeholders to issue the proposed regulations described in subsection (b)(1). (4) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1), such sums as are necessary for fiscal years 2011 and 2012. (b) Collection and Reporting of Data on Child Welfare Staff.-- (1) Proposed regulations.--The Secretary shall consult with State administrators, child welfare staff, and other appropriate stakeholders and, not later than 12 months after receiving the report described in subsection (a)(1)(B), shall issue proposed regulations, which shall-- (A) be based on the recommendations in the report; and (B) require States to collect data on child welfare staff, and report the data to the Secretary, regularly and in a manner that enables the data to be linked to the outcomes achieved for individual children served by the State or local child welfare agency involved, which shall include-- (i) a means of incorporating the data into the data collection system authorized under section 479 of the Social Security Act (42 U.S.C. 679); and (ii) as appropriate, a means of linking the data to the information collected through the data collection systems authorized under section 103(c)(1)(C) of the Child Abuse Prevention and Treatment Act and under section 477(f) of the Social Security Act (42 U.S.C. 677(f)). (2) Final regulations.--Not later than 2 years after receiving the report described in subsection (a)(1)(B), the Secretary shall issue final regulations that meet the requirements of subparagraphs (A) and (B) of paragraph (1). (c) Definitions.--In this Act: (1) Child welfare staff.--The term ``child welfare staff'' means-- (A) employees of State, tribal, or local child welfare agencies, who are working with children and families that have contact with such a child welfare agency, in order to promote safety, permanence, and well-being for children and families; and (B) employees of State-licensed or State-approved nonprofit private agencies, who are working with children and families that have contact with a State, tribal, or local child welfare agency in order to promote safety, permanence, and well-being for children and families. (2) Related professionals.--The term ``related professionals'', used with respect to child welfare staff, means individuals employed by public or nonprofit private agencies in child- and family-serving fields including education, health, mental health, substance abuse prevention and treatment, juvenile justice, law enforcement, and domestic violence, who work with children and families that have contact with a State, tribal, or local child welfare agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.
Child Welfare Workforce Study Act - Directs the Secretary of Health and Human Services (HHS) to enter into an agreement with the National Academy of Sciences to study and report to the Secretary and Congress on child welfare staff. Requires the Secretary, based on recommendations in the report, to issue regulations that require states to collect and report data on child welfare staff regularly and in a manner that enables the data to be linked to the outcomes achieved for individual children served by the state or local child welfare agency involved.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Industry Revitalization Act of 1993''. SEC. 2. DECLARATION OF POLICY. Congress finds and declares the following: (1) The United States commercial airline industry is currently suffering severe financial distress. (2) Sustained record losses and excessive debt burdens are causing air carriers to cancel new aircraft options and orders which, in turn is threatening the economic viability of the United States aerospace manufacturing industry. (3) Many air carriers are increasingly unable to obtain financing at reasonable interest rates for purchasing new equipment. (4) The inability of many air carriers to acquire new, quieter, more fuel efficient Stage 3 aircraft may jeopardize the planned phaseout of noisier stage 2 aircraft. (5) The national goal of conserving scarce natural resources and the airline industry goal of reducing soaring fuel costs would both be enhanced by increasing the average fuel-efficiency of aircraft fleets. (6) States and local communities, the traveling public, aerospace manufacturing companies and workers, airline employees, and airline shareholders would all benefit from stronger, healthy air carriers operating modern, fuel- efficient, quieter aircraft. (7) Prudent investment to facilitate modernization of the industry's aircraft fleet can provide vitally needed economic stimulus for carriers and manufacturers and will ensure that both industries remain competitive into the next century. (8) A revolving fund should, therefore, be established for the purpose of carrying out a Federal loan guarantee program to support the financing of new aircraft in a way that assures the phasing out of less fuel-efficient, noisier, and older aircraft at the same time. SEC. 3. AUTHORIZATION TO GUARANTEE FINANCING OF NEW AIRCRAFT. The Airport Noise and Capacity Act of 1990 (49 App. U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 9310. FINANCING OF NEW AIRCRAFT. ``(a) Authorization of Loan Guarantee Program.--The Secretary is authorized to guarantee loans for the financing of new aircraft for use by air carriers that meet the terms and conditions set forth in subsection (d) and that agree to pay (directly if the carrier is the loan guarantee recipient, or indirectly if another person is loan guarantee recipient) subsidy fees, annual administrative fees, and surcharges assessed under subsection (g). Subject to subsection (d), such guarantees may be made with respect to loans to an air carrier that will use such new aircraft or loans to a person purchasing such new aircraft for lease to and use by an air carrier. ``(b) Establishment of Fund.--There is established in the Treasury a fund, to be known as the `New Aircraft Guarantee Program Fund', for the purpose of carrying out the loan guarantee program authorized by subsection (a). The Fund shall consist of amounts paid for subsidy fees, annual administrative fees, and surcharges required under subsection (g). Amounts in the Fund shall be available to the Secretary without further appropriations to carry out the purposes of the Fund and shall remain available until expended. ``(c) Initial Authorization.--There are authorized to be appropriated for deposit in the Fund such sums as are necessary for the Secretary to pay the initial administrative expenses of the loan guarantee program under this section. Within 2 years after such an appropriation, the Secretary shall ensure that an amount from the Fund equal to the appropriated amount, together with interest thereon, is deposited in the treasury as miscellaneous receipts. ``(d) Terms and Conditions.--A loan guarantee under this section shall be subject to the following terms and conditions: ``(1) The loan guarantee must lead to the delivery of new aircraft to an air carrier certificated under part 121 of title 14, Code of Federal Regulations, and such delivery shall occur no later than December 31, 1999. ``(2) The loan guarantee must be made for the purpose of financing the acquisition of new aircraft that comply with stage 3 noise standards. ``(3) The loan guarantee shall only be available for the purchase of new aircraft from companies that both-- ``(A) publish independently audited financial disclosure information and financial results; and ``(B) also are domiciled in countries that comply with all major international agreements governing aerospace trade, including but not limited to the GATT Civil Aircraft Agreement, the GATT Subsidies Code, the United States-European Community bilateral aircraft agreement, the OECD Large Aircraft Sector Understanding, and bilateral air services agreements with the United States. ``(4) In the case of any air carrier taking delivery of a new aircraft financed under this section which owns or operates either aging aircraft or Stage 2 aircraft, such air carrier as borrower or lessee must, except as provided in paragraph (5), agree that no later than the sixtieth day after the aircraft being financed is placed on the air carrier's operations specifications under part 121 of title 14, Code of Federal Regulations, or December 31, 1999, whichever occurs first, it will remove from service within the contiguous United States-- ``(A) the number of aging aircraft or Stage 2 aircraft which, in the aggregate and pursuant to rules promulgated by the Secretary, are certified as equaling or exceeding 200 percent of the number of seats (or in the case of all-cargo aircraft 200 percent of cargo capacity) of the new aircraft being financed; or ``(B) all of its remaining aging aircraft and Stage 2 aircraft, whichever number of aircraft is less. ``(5) When an air carrier described in paragraph (4) is taking delivery of only all-cargo aircraft, the carrier may, in lieu of removing Stage 2 all-cargo aircraft from service, modify on or after April 15, 1993, such Stage 2 aircraft in order to meet Stage 3 noise standards on the same number of such Stage 2 aircraft that otherwise would have had to be removed from service under paragraph (4); except that such modified aircraft must remain configured for all-cargo service and shall not be converted to passenger-cargo combination service. ``(6) Each aircraft removed from service by an air carrier under paragraph (4) shall be taken off the registry of certificated aircraft by the Secretary unless the air carrier continues to use such aircraft solely outside the contiguous United States and may not subsequently be registered in the United States; except that-- ``(A) the Secretary may continue to keep an aircraft on the registry of certificated aircraft if such aircraft is not based in any of the several States of the United States and is engaged in common carriage entirely outside the several States; and ``(B) in a case where the aircraft removed from service is owned by a person not affiliated with such air carrier and was operated by such air carrier under lease on or before April 1, 1993, the Secretary may continue to keep such aircraft on the registry of certificated aircraft if such owner brings such aircraft into compliance with Stage 3 noise standards prior to its lease or sale to another air carrier or lessor. ``(7) An air carrier which is to take delivery of a new aircraft financed under this section must warrant that it did not after April 1, 1993, and will not on and after the date of enactment of this section, place in service any aging aircraft or Stage 2 aircraft to its fleet, except-- ``(A) as incidental to a merger with or acquisition of another air carrier that as of April 1, 1993, was certificated under part 121 of title 14, Code of Federal Regulations; ``(B) as incidental to the purchase of a route or routes and necessary associated assets; ``(C) in the case of aircraft that the air carrier has agreed to lease pursuant to a signed term sheet executed no later than April 30, 1993; or ``(D) for the provision of air transportation solely outside the contiguous United States. ``(8) An air carrier's violation of the warranty under paragraph (7) shall constitute a revocation of all outstanding loan guarantees under this section that were made for the purpose of financing delivery of new aircraft to such air carrier. ``(9) The Secretary may not grant a waiver, to any air carrier that takes delivery of an aircraft financed by a loan guarantee under this section, that would allow such air carrier to operate Stage 2 aircraft beyond December 31, 1999, in interstate air transportation. ``(e) Regulations.--No later than sixty days after the date of enactment of this section, the Secretary shall promulgate regulations implementing the loan guarantee program authorized by this section. ``(f) Fiduciary Duties of Secretary.--To implement this section, the Secretary-- ``(1) shall apply reasonable and prudent fiduciary standards in determining whether to make any specific loan guarantee, and is authorized to take such action as may be appropriate to enforce any right accruing to the United States or any officer or agency thereof as a result of making a loan guarantee under this section; ``(2) shall make loan guarantees on rates, terms, and conditions which, in the judgment of the Secretary, offer reasonable assurance of repayment; ``(3) may require that loans guaranteed under this section be secured by the aircraft being financed, to provide sufficient collateral; and ``(4) may not guarantee a loan amount that is more than 85 percent of the manufacturer's price to the air carrier of the aircraft being financed. ``(g) Assessment of Fees.-- ``(1) In general.--A loan guarantee under this section shall remain in effect only so long as the loan guarantee recipient pays the subsidy fee assessed under paragraph (2), any annual administrative fee assessed under paragraph (3), and any surcharge assessed under paragraph (4). ``(2) Subsidy fee.--For each loan guarantee under this section, the Secretary shall assess and collect a subsidy fee from the loan guarantee recipient that is equal to the cost, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of such guarantee. ``(3) Annual administrative fee.--Each year the Secretary shall assess and collect an administrative fee for each loan guarantee under this section. Such fees shall be set at a level adequate to cover anticipated expenses for administering the loan guarantee program authorized under this section. ``(4) Adjustments.--After completion of each fiscal year, the Secretary shall calculate whether the administrative fee collections were adequate, inadequate, or in excess of the amounts needed to cover the actual administrative expenses for such year. To the extent that the administrative fees were inadequate or excessive, the Secretary shall assess a surcharge to cover any shortfall, or shall provide a rebate from the Fund or reduce future administrative fees to cover any overcharges. ``(h) Annual Report.--The Secretary shall, not later than March 1 of each year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report that-- ``(1) describes the progress of the loan guarantee program authorized by this section; ``(2) identifies any problems with such program; and ``(3) describes the loan guarantees made under this section, including the identity of the air carriers and other persons receiving loans to which such guarantees apply. ``(i) Definitions.--As used in this section, the following definitions apply: ``(1) Aging aircraft.--The term `aging aircraft' means one or more airplanes that were placed into service more than fifteen years prior to the date of enactment of this section. ``(2) Air carrier; united states.--The terms `air carrier' and `United States' have the meaning such terms have in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301). ``(3) Fund.--The term `Fund' means the New Aircraft Guarantee Program Fund established by subsection (b). ``(4) New aircraft.--The term `new aircraft' means one or more newly manufactured airplanes, including associated spare parts and engines included in the original purchase, that have not been previously registered or placed into service. ``(5) Remove from service.--The term `remove from service' means to-- ``(A) eliminate, permanently and irrevocably, aircraft from the fleet of an air carrier on or after April 15, 1993; ``(B) transfer aircraft to another air carrier, after April 1, 1993, but before the date of enactment of this section, for use in common carriage entirely outside the several States of the United States; or ``(C) remove aircraft permanently and entirely from use in common carriage in the United States. ``(6) Stage 2 aircraft.--The term `Stage 2 aircraft' means one or more airplanes as defined by section 36.1(f)(4) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section. ``(7) Stage 3 aircraft.--The term `Stage 3 aircraft' means one or more airplanes as defined by section 36.1(f)(6) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section.''.
Aviation Industry Revitalization Act of 1993 - Amends the Airport Noise and Capacity Act of 1990 to authorize the Secretary of Transportation to guarantee loans to eligible air carriers to finance their acquisition of new aircraft. Establishes the New Aircraft Guarantee Program Fund consisting of subsidy fees, annual administrative fees, and surcharges paid by the air carriers. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Red Cross Transparency Act of 2016''. SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT. Section 300111 of title 36, United States Code, is amended to read as follows: ``Sec. 300111. Authority of the Comptroller General of the United States ``(a) Audit Authority.--The Comptroller General of the United States is authorized to review-- ``(1) the internal governance of the corporation; and ``(2) any program or activity connected to national preparedness, including any program or activity carried out by the corporation in connection with events for which the Federal Government provides leadership or support under the national preparedness system established under section 644 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 744), or any successor system. ``(b) Access Authority.-- ``(1) In general.--For purposes of carrying out this section, the Comptroller General of the United States shall have access to and the right to examine and copy all records and other recorded information, electronic or otherwise, within the possession or control of the corporation that the Comptroller General determines relevant to a review authorized under subsection (a), including such records and other recorded information relating to the financial transactions and internal governance of the corporation. ``(2) Individuals.--The Comptroller General shall be provided access to, and be permitted to interview, any member of the board of governors, employee, volunteer, or agent of the corporation whom the Comptroller General believes to have knowledge relevant to a review authorized under subsection (a). ``(c) Enforcement.-- ``(1) Subpoena authority.-- ``(A) In general.--If the corporation does not make available a record, other recorded information, or a member of the board of governors, employee, volunteer, or agent of the corporation upon a request under subsection (b), the Comptroller General of the United States may issue a subpoena for the record or other recorded information or to obtain the testimony of the member of the board of governors, employee, volunteer, or agent. ``(B) Issuance.--A subpoena issued under this paragraph-- ``(i) shall identify the record, other recorded information, or member of the board of governors, employee, volunteer, or agent of the corporation sought; and ``(ii) may be issued by the Comptroller General. ``(C) Service.--The Comptroller General shall have an individual serve a subpoena issued under this paragraph by delivering a copy to the chief executive officer of the corporation or by mailing a copy of the subpoena by certified or registered mail, return receipt requested, to the principal place of business of the corporation. Proof of service is shown by a verified return by the individual serving the subpoena that states how the subpoena was served or by the return receipt signed by the person served. ``(2) Action.--If the corporation does not comply with a subpoena issued under paragraph (1), the Comptroller General of the United States, acting through an attorney the Comptroller General designates in writing, may bring a civil action in the United States District Court for the District of Columbia to require the corporation to produce the record, other recorded information, or member of the board of governors, employee, volunteer, or agent that is the subject of the subpoena. The court shall have jurisdiction of such action and may punish a failure to obey an order of the court under this subsection as a contempt of court.''. SEC. 3. INVESTIGATIONS, COMPLIANCE, AND ETHICS UNIT. (a) In General.--Chapter 3001 of title 36, United States Code, is amended-- (1) by redesignating section 300113 as section 300114; and (2) by inserting after section 300112 the following: ``Sec. 300113. Reporting and other authorities of the Office of Investigations, Compliance, and Ethics ``(a) In General.--There shall be in the corporation an Office of Investigations, Compliance, and Ethics, which-- ``(1) shall be a subcommittee of the Audit and Risk Management Committee of the corporation; and ``(2) shall report directly to the board of governors and the Audit and Risk Management Committee. ``(b) Membership.--An individual who is not a member of the board of governors of the corporation may be a member of the Office of Investigations, Compliance, and Ethics. ``(c) Employees.--The Audit and Risk Management Committee of the corporation shall determine, in consultation with the Chief Executive Officer and the President of the corporation, the number of employees that shall be employed by the Office of Investigations, Compliance, and Ethics. ``(d) Effect of Termination of Audit and Risk Management Committee.--If the Audit and Risk Management Committee of the corporation ceases to exist-- ``(1) the Office of Investigations, Compliance, and Ethics shall become a standing committee of the board of governors; and ``(2) the board of governors, in consultation with the Chief Executive Officer and President of the corporation, shall determine the number of employees to be employed by the Office of Investigations, Compliance, and Ethics. ``(e) Investigations.-- ``(1) In general.--The Office of Investigations, Compliance, and Ethics shall conduct formal investigations relating to fraud, waste, abuse, corporation policy violations, illegal or unethical conduct, or other wrongdoing relating to the corporation. ``(2) Access.--During the course of an investigation under paragraph (1), the Office shall-- ``(A) have access to and the right to interview any employee, volunteer, or agent of the corporation; and ``(B) have access to records and be permitted to copy all records and other recorded information, electronic or otherwise, within the possession or control of the corporation, including such records and other recorded information relating to the financial transactions and internal governance of the corporation, that the Office of Investigations, Compliance, and Ethics determines relevant to the investigation. ``(f) Reporting.-- ``(1) Definition.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Finance, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and ``(B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives. ``(2) Reports.--The Office of Investigations, Compliance, and Ethics shall annually submit to the appropriate congressional committees, the board of governors, the Audit and Risk Management Committee, the Chief Executive Officer of the corporation, the President, the Comptroller General, and to any Member of Congress (upon request)-- ``(A) a report-- ``(i) discussing any trends and systemic matters that the Office of Investigations, Compliance, and Ethics has identified confronting the corporation; and ``(ii) providing the number of pending investigations by the Office of Investigations, Compliance, and Ethics and the general substance of the investigations; and ``(B) the final report regarding each investigation completed by the Office of Investigations, Compliance, and Ethics during the year covered by the report under subparagraph (A).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3001 of title 36, United States Code, is amended by striking the item relating to section 300113 and inserting the following: ``300113. Reporting and other authorities of the Office of Investigations, Compliance, and Ethics. ``300114. Reservation of right to amend or repeal.''.
American Red Cross Transparency Act of 2016 This bill authorizes the Government Accountability Office (GAO) to review: (1) the internal governance of the American National Red Cross (the corporation), and (2) any program or activity carried out by the corporation that is connected to national preparedness. The bill grants the GAO: (1) access to, and the right to examine and copy, all records of the corporation that the GAO determines are relevant to such review; and (2) access to, and the right to interview, any employee, volunteer, agent, or member of the board of governors of the corporation whom the GAO believes has knowledge relevant to such review. The GAO may issue a subpoena and bring a civil action in U.S. District Court for the District of Columbia to enforce such access. The bill establishes an Office of Investigations, Compliance, and Ethics as a subcommittee of the corporation's Audit and Risk Management Committee. The office shall: (1) conduct formal investigations regarding fraud, waste, abuse, corporation policy violations, illegal or unethical conduct, or other wrongdoing relating to the corporation; and (2) report annually on trends and systemic matters confronting the corporation and on pending and completed investigations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition Assistance Advisor Act of 2012''. SEC. 2. TRANSITION ASSISTANCE ADVISOR PROGRAM. (a) Program Authorized.-- (1) In general.--Chapter 58 of title 10, United States Code, is amended by inserting after section 1144 the following new section: ``Sec. 1144A. Transition Assistance Advisors ``(a) In General.--The Secretary of Defense shall establish as part of the Transition Assistance Program (TAP) a Transition Assistance Advisor (TAA) program to provide professionals in each State to serve as statewide points of contact to assist members of the armed forces in accessing benefits and health care furnished under laws administered by the Secretary of Defense and benefits and health care furnished under laws administered by the Secretary of Veterans Affairs. ``(b) Number of Advisors.--The Secretary of Defense shall ensure that the minimum number of Transition Assistance Advisors in each State is as follows: ``(1) During the period beginning 180 days before the commencement of a contingency operation (or, if later, as soon before as is otherwise practicable) and ending 180 days after the conclusion of such contingency operation-- ``(A) in the case of a State with fewer than 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States residing in the State, not less than one Transition Assistance Advisor; and ``(B) in the case of a State with 1,500 or more members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State, not less than one Transition Assistance Advisor for each 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State. ``(2) At any time not covered by paragraph (1)-- ``(A) in the case of a State with fewer than 5,000 members of the Army National Guard of the United States and the Air National Guard of the United States residing in the State, not less than one Transition Assistance Advisor; and ``(B) in the case of a State with 5,000 or more members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State, not less than one Transition Assistance Advisor for each 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State. ``(c) Duties.--The duties of a Transition Assistance Advisor includes the following: ``(1) To assist with the creation and execution of individual transition plans for members of the National Guard described in subsection (d)(2) and their families for the reintegration of such members into civilian life. ``(2) To provide employment support services to members of the National Guard and their families, including assistance with discovering employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government. ``(3) Provide information on relocation, health care, mental health care, and financial support services available to members of the National Guard or their families from the Department of Defense, the Department of Veterans Affairs, and other Federal, State, and local agencies. ``(4) Provide information on educational support services available to members of the National Guard, including Post-9/11 Educational Assistance under chapter 33 of title 38. ``(d) Transition Plans.--(1) Each individual plan created under subsection (c)(1) for a member of the National Guard described in paragraph (2) shall include the following: ``(A) A plan for the transition of the member to life in the civilian world, including with respect to employment, education, and health care. ``(B) A description of the transition services that the member and the member's family will need to achieve their transition objectives, including information on any forms that such member will need to fill out to be eligible for such services. ``(C) A point of contact for each agency or entity that can provide the transition services described in subparagraph (B). ``(2) A member of the National Guard described in this paragraph is any member of the National Guard who has served on active duty in the armed forces for a period of more than 180 days. ``(e) State Defined.--In this section, the term `State' means each of the several States of the United States, the District of Columbia, and any territory of the United States. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section-- ``(1) $10,000,000 for fiscal year 2013; and ``(2) such sums as may be necessary for each fiscal year thereafter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 58 of such title is amended by inserting after the item relating to section 1144 the following new item: ``1144A. Transition Assistance Advisors.''. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth a description of the efforts of the Secretary to implement the requirements of section 1144A of title 10, United States Code, as added by subsection (a)(1).
Transition Assistance Advisor Act of 2012 - Directs the Secretary of Defense to establish, as part of the Transition Assistance Program of the Department of Defense (DOD), a Transition Assistance Advisor (TAA) program to provide professionals in each state to serve as statewide contacts to assist members of the Armed Forces in accessing benefits and health care furnished by DOD and the Department of Veterans Affairs (VA). Requires a minimum number of TAAs in each state based on the number of Army and Air National Guard members in such state. Provides additional TAA duties, including the provision of a military-to-civilian transition plan for such members and their families.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Reform Act''. SEC. 2. ADEQUATE YEARLY PROGRESS. (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (C)(vii)-- (A) by striking ``such as''; (B) by inserting ``such as measures of individual or cohort growth over time based on the academic assessments implemented in accordance with paragraph (3),'' after ``described in clause (v),''; and (C) by striking ``attendance rates,''; and (2) in subparagraph (D)-- (A) by striking clause (ii); (B) by striking ``the State'' and all that follows through ``ensure'' and inserting ``the State shall ensure''; and (C) by striking ``; and'' and inserting a period. (b) Academic Assessment and Local Educational Agency and School Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ``, except that'' and all that follows through ``action or restructuring''. SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. ``(a) Grant Authority.--The Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies-- ``(1) to develop or increase the capacity of data systems for accountability purposes; and ``(2) to award subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring adequate yearly progress. ``(b) Priority.--In awarding grants under this section the Secretary shall give priority to State educational agencies that have created, or are in the process of creating, a growth model or proficiency index as part of their adequate yearly progress determination. ``(c) State Use of Funds.--Each State that receives a grant under this section shall use-- ``(1) not more than 20 percent of the grant funds for the purpose of increasing the capacity of, or creating, State databases to collect information related to adequate yearly progress; and ``(2) not less than 80 percent of the grant funds to award subgrants to local educational agencies within the State to enable the local educational agencies to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--Each local educational agency that receives a subgrant under this section shall use the subgrant funds to increase the capacity of the local educational agency to upgrade databases or create unique student identifiers for the purpose of measuring adequate yearly progress, by-- ``(1) purchasing database software or hardware; ``(2) hiring additional staff for the purpose of managing such data; ``(3) providing professional development or additional training for such staff; and ``(4) providing professional development or training for principals and teachers on how to effectively use such data to implement instructional strategies to improve student achievement. ``(e) State Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) LEA Application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each such application shall include, at a minimum, a demonstration of the local educational agency's ability to put such a database in place. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $80,000,000 for each of fiscal years 2011, 2012, and 2013.''. SEC. 4. DEFINITION OF HIGHLY QUALIFIED TEACHERS. Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``and'' after the semicolon; and (3) by adding at the end the following: ``(III) in the case of a middle school teacher, passing a State approved middle school generalist exam when the teacher receives the teacher's license to teach middle school in the State; ``(IV) obtaining a State social studies certificate that qualifies the teacher to teach history, geography, economics, and civics in middle or secondary schools, respectively, in the State; or ``(V) obtaining a State science certificate that qualifies the teacher to teach earth science, biology, chemistry, and physics in middle or secondary schools, respectively, in the State; and''.
No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to include measures of individual or cohort growth over time in determining whether students are making adequate yearly progress (AYP) toward state academic performance standards. Eliminates the consideration of student attendance rates. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive: (1) grants to state educational agencies to develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Revises the definition of highly qualified teacher to authorize states to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Harmful Algal Blooms and Hypoxia Amendments Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Interagency task force on harmful algal blooms and hypoxia. Sec. 6. National harmful algal bloom and hypoxia program. Sec. 7. Regional research and action plans. Sec. 8. Reporting. Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia. Sec. 10. Interagency financing. Sec. 11. Application with other laws. Sec. 12. Definitions. Sec. 13. Authorization of appropriations. SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998. Except as otherwise expressly provided, whenever in this title 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 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). SEC. 3. FINDINGS. Section 602 is amended-- (1) by striking paragraph (8) and inserting the following: ``(8) harmful algal blooms and hypoxia can be triggered and exacerbated by increases in nutrient loading from point and non-point sources, much of which originates in upland areas and is delivered to marine and freshwater bodies via river discharge, thereby requiring integrated and landscape-level research and control strategies;''; (2) by striking ``and'' after the semicolon in paragraph (11); (3) by striking ``hypoxia.'' in paragraph (12) and inserting ``hypoxia;''; and (4) by adding at the end thereof the following: ``(13) harmful algal blooms and hypoxia affect many sectors of the coastal economy, including tourism, public health, and recreational and commercial fisheries; and according to a recent report produced by NOAA, the United States seafood and tourism industries suffer annual losses of $82 million due to economic impacts of harmful algal blooms; ``(14) global climate change and its effect on oceans and the Great Lakes may ultimately play a role in the increase or decrease of harmful algal bloom and hypoxic events; ``(15) proliferations of harmful and nuisance algae can occur in all United States waters, including coastal areas and estuaries, the Great Lakes, and inland waterways, crossing political boundaries and necessitating regional coordination for research, monitoring, mitigation, response, and prevention efforts; and ``(16) following passage of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, Federally-funded and other research has led to several technological advances, including remote sensing, molecular and optical tools, satellite imagery, and coastal and ocean observing systems, that provide data for forecast models, improve the monitoring and prediction of these events, and provide essential decision making tools for managers and stakeholders.''. SEC. 4. PURPOSE. The Act is amended by inserting after section 602 the following: ``SEC. 602A. PURPOSES. ``The purposes of this Act are-- ``(1) to provide for the development and coordination of a comprehensive and integrated national program to address harmful algal blooms, hypoxia, and nuisance algae through baseline research, monitoring, prevention, mitigation, and control; ``(2) to provide for the assessment and consideration of regional and national ecosystem, socio-economic, and human health impacts of harmful and nuisance algal blooms and hypoxia, and integration of that assessment into marine and freshwater resource decisions; and ``(3) to facilitate regional, State, and local efforts to develop and implement appropriate harmful algal bloom and hypoxia event response plans, strategies, and tools including outreach programs and information dissemination mechanisms.''. SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA. (a) Federal Representatives.--Section 603(a) is amended-- (1) by striking ``The Task Force shall consist of the following representatives from--'' and inserting ``The Task Force shall consist of representatives of the Office of the Secretary from each of the following departments and of the office of the head of each of the following Federal agencies:''; (2) by striking ``the'' in paragraphs (1) through (11) and inserting ``The''; (3) by striking the semicolon in paragraphs (1) through (10) and inserting a period. (4) by striking ``Quality; and'' in paragraph (11) and inserting ``Quality.''; and (5) by striking ``such other'' in paragraph (12) and inserting ``Other''. (b) State Representatives.--Section 603 is amended-- (1) by redesignating subsections (b) through (i) as subsections (c) through (j), respectively; (2) by inserting after subsection (a) the following: ``(b) State Representatives.--The Secretary shall establish criteria for determining appropriate States to serve on the Task Force and establish and implement a nominations process to select representatives from 2 appropriate States in different regions, on a rotating basis, to serve 2-year terms on the Task Force.''; (3) in subsection (h), as redesignated-- (A) by striking ``Not less than once every 5 years the'' in paragraph (1) and inserting ``The''; (B) by striking ``The first such'' in paragraph (1) and inserting ``The''; (C) by striking ``assessments'' in paragraph (2) and inserting ``assessment''; and (4) in subsection (i), as redesignated-- (A) by striking ``Not less than once every 5 years the'' in paragraph (1) and inserting ``The''; (B) by striking ``The first such'' in paragraph (1) and inserting ``The''; (C) by striking ``All subsequent assessments'' in paragraph (1) and inserting ``The assessment''; and (D) by striking ``assessments'' in paragraph (2) and inserting ``assessment''. SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. The Act is amended by inserting after section 603 the following: ``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. ``(a) Establishment.--The President, acting through the Task Force, shall establish and maintain a national program for integrating efforts to address harmful algal bloom and hypoxia research, monitoring, prediction, control, mitigation, prevention, and outreach. ``(b) Task Force Functions.--The Task Force shall be the oversight body for the development and implementation of the national harmful algal bloom and hypoxia program and shall-- ``(1) coordinate interagency review of plans and policies of the Program; ``(2) promote and review interagency work and spending plans for implementing the activities of the Program; ``(3) review the Program's distribution of Federal grants and funding to address research priorities; ``(4) support implementation of the actions and strategies identified in the regional research and action plans under subsection (d); ``(5) support the development of institutional mechanisms and financial instruments to further the goals of the program; ``(6) expedite the interagency review process and ensure timely review and dispersal of required reports and assessments under this Act; and ``(7) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal blooms and hypoxia conditions. ``(c) Lead Federal Agency.--NOAA shall be the lead Federal agency for implementing and administering the National Harmful Algal Bloom and Hypoxia Program. ``(d) Responsibilities.--The Program shall-- ``(1) promote a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine harmful algal bloom and hypoxia events; ``(2) plan, coordinate, and implement the National Harmful Algal Bloom and Hypoxia Program; and ``(3) report to the Task Force via the Administrator. ``(e) Duties.-- ``(1) Administrative duties.--The Program shall-- ``(A) prepare interagency work and spending plans for implementing the activities of the Program and developing and implementing the Regional Research and Action Plans; ``(B) administer merit-based, competitive grant funding to support the projects maintained and established by the Program, and to address the research and management needs and priorities identified in the Regional Research and Action Plans; ``(C) coordinate NOAA programs that address harmful algal blooms and hypoxia and other ocean and Great Lakes science and management programs and centers that address the chemical, biological, and physical components of harmful algal blooms and hypoxia; ``(D) coordinate and work cooperatively with other Federal, State, and local government agencies and programs that address harmful algal blooms and hypoxia; ``(E) coordinate with the State Department to support international efforts on harmful algal bloom and hypoxia information sharing, research, mitigation, and control.''. ``(F) coordinate an outreach, education, and training program that integrates and augments existing programs to improve public education about and awareness of the causes, impacts, and mitigation efforts for harmful algal blooms and hypoxia; ``(G) facilitate and provide resources for training of State and local coastal and water resource managers in the methods and technologies for monitoring, controlling, and mitigating harmful algal blooms and hypoxia; ``(H) support regional efforts to control and mitigate outbreaks through-- ``(i) communication of the contents of the Regional Research and Action Plans and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State and local stakeholders within the region for which each plan is developed; and ``(ii) overseeing the development, review, and periodic updating of Regional Research and Action Plans established under section 602C(b); ``(I) convene an annual meeting of the Task Force; and ``(J) perform such other tasks as may be delegated by the Task Force. ``(2) Program duties.--The Program shall-- ``(A) maintain and enhance-- ``(i) the Ecology and Oceanography of Harmful Algal Blooms Program; ``(ii) the Monitoring and Event Response for Harmful Algal Blooms Program; ``(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program; ``(iv) the Coastal Hypoxia Research Program; and ``(v) other relevant NOAA programs; ``(B) establish-- ``(i) a Mitigation and Control of Harmful Algal Blooms Program-- ``(I) to develop and promote strategies for the prevention, mitigation, and control of harmful algal blooms; ``(II) to fund research that may facilitate the prevention, mitigation, and control of harmful algal blooms; and ``(III) to develop and demonstrate technology that may mitigate and control harmful algal blooms; and ``(ii) other programs as necessary; and ``(C) work cooperatively with other offices, centers, and programs within NOAA and other agencies represented on the Task Force, States, and nongovernmental organizations concerned with marine and aquatic issues to manage data, products, and infractructure, including-- ``(i) compiling, managing, and archiving data from relevant programs in Task Force member agencies; ``(ii) creating data portals for general education and data dissemination on centralized, publicly available databases; and ``(iii) establishing communication routes for data, predictions, and management tools both to and from the regions, states, and local communities.''. SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. The Act, as amended by section 6, is amended by inserting after section 602A the following: ``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS. ``(a) In General.--The Program shall-- ``(1) oversee the development and implementation of Regional Research and Action Plans; and ``(2) identify appropriate regions and sub-regions to be addressed by each Regional Research and Action Plan. ``(b) Regional Panels of Experts.--As soon as practicable after the date of enactment of the Harmful Algal Blooms and Hypoxia Amendments Act of 2008, and every 5 years thereafter, the Program shall convene a panel of experts for each region identified under subsection (a)(2) from among-- ``(1) State coastal management and planning officials; ``(2) water management and watershed officials from both coastal states and noncoastal states with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; ``(3) public health officials; ``(4) emergency management officials; ``(5) nongovernmental organizations concerned with marine and aquatic issues; ``(6) science and technology development institutions; ``(7) economists; ``(8) industries and businesses affected by coastal and freshwater harmful algal blooms and hypoxia; ``(9) scientists, with expertise concerning harmful algal blooms or hypoxia, from academic or research institutions; and ``(10) other stakeholders as appropriate. ``(c) Plan Development.--Each regional panel of experts shall develop a Regional Research and Action Plan for its respective region and submit it to the Program for approval and to the Task Force. The Plan shall identify appropriate elements for the region, including-- ``(1) baseline ecological, social, and economic research needed to understand the biological, physical, and chemical conditions that cause, exacerbate, and result from harmful algal blooms and hypoxia; ``(2) regional priorities for ecological and socio-economic research on issues related to, and impacts of, harmful algal blooms and hypoxia; ``(3) research needed to develop and advance technologies for improving capabilities to predict, monitor, prevent, control, and mitigate harmful algal blooms and hypoxia; ``(4) State and local government actions that may be implemented-- ``(A) to support long-term monitoring efforts and emergency monitoring as needed; ``(B) to minimize the occurrence of harmful algal blooms and hypoxia; ``(C) to reduce the duration and intensity of harmful algal blooms and hypoxia in times of emergency; ``(D) to address human health dimensions of harmful algal blooms and hypoxia; and ``(E) to identify and protect vulnerable ecosystems that could be, or have been, affected by harmful algal blooms a
Harmful Algal Blooms and Hypoxia Amendments Act of 2008 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to: (1) require the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration (NOAA), to establish criteria for determining which states should serve on the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia and to implement a nominations process to select representatives for such Task Force; and (2) require the Task Force's scientific assessments of hypoxia and harmful algal blooms (hypoxia) once (currently, every five years). Requires: (1) the President, acting through the Task Force, to establish a national program to integrate efforts to address hypoxia research, monitoring, prediction, control, mitigation, prevention, and outreach; (2) the Task Force to be the oversight body for the development and implementation of the National Harmful Algal Bloom and Hypoxia Program; and (3) NOAA to be the lead federal agency for implementing and administering such Program. Sets forth the Program's responsibilities and duties, including: (1) promoting a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine hypoxia events; (2) maintaining and enhancing the Ecology and Oceanography of Harmful Algal Blooms Program, the Monitoring and Event Response for Harmful Algal Blooms Program, the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program, and the Coastal Hypoxia Research Program; and (3) establishing a Mitigation and Control of Harmful Algal Bloom Program. Requires the national hypoxia program to: (1) oversee the development and implementation of Regional Research and Action Plans and identify regions and sub-regions to be addressed by each Plan; and (2) convene regional panels of experts. Requires each panel to develop a Plan that identifies appropriate elements for the region, including: (1) priorities for ecological and socioeconomic research on issues related to, and impacts of, hypoxia; and (2) state and local government actions that may be implemented to monitor, minimize, reduce, and address hypoxia. Requires the Task Force to report to specified congressional committees not less than every five years on hypoxia. Requires: (1) the Secretary, acting through NOAA, to establish a collaborative pilot program with the Environmental Protection Agency (EPA) and other federal agencies to examine hypoxia occurring in freshwater systems; and (2) such program to be located in the Mississippi River Basin watershed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Benefit Equity Act of 1996''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) In General.--No health plan (as defined in section 5(1)) may provide for mail-order prescription drug coverage (as defined in section 5(2)) unless the plan also provides non-mail-order prescription drug coverage consistent with subsection (b). (b) Equitable Coverage.--A health plan provides non-mail-order prescription drug coverage consistent with this subsection only if-- (1) benefits under the non-mail-order prescription coverage are provided for in the case of all drugs and all circumstances under which benefits are provided under the mail-order prescription drug coverage; (2) no deductible or similar cost-sharing is imposed with respect to benefits under the non-mail-order prescription drug coverage unless such a deductible or similar cost-sharing is imposed with respect to benefits under the mail-order prescription drug coverage; and (3) the benefits for the non-mail-order coverage assures payments consistent with either (or both) of the following subparagraphs: (A) The dollar amount of payment for prescription drug coverage is not less than the dollar amount of benefits provided with respect to the mail-order coverage for that same coverage. (B) The cost-sharing (including deductibles, copayments, or coinsurance) imposed with respect to non-mail-order coverage that is not greater (as a percentage of charges or dollar amount, as specified under the coverage) than the cost-sharing imposed with respect to the mail-order coverage. (c) Application to Organizations and Insurers.--A requirement imposed under this section on a health plan offered by a health maintenance organization or insurer shall be deemed to be a requirement imposed on the organization or insurer. SEC. 3. ENFORCEMENT. (a) Health Plan Issued by HMOs and Insurers.-- (1) In general.--Each State shall require that each health plan issued, sold, renewed, offered for sale or operated in such State by a health maintenance organization meet the requirements of section 2 pursuant to an enforcement plan filed by the State with the Secretary of Health and Human Services. A State shall submit such information as required by such Secretary demonstrating effective implementation of the State enforcement plan. (2) Failure to implement plan.--In the case of the failure of a State to substantially enforce the requirements of section 2 with respect to health plans as provided for under the State enforcement plan filed under paragraph (1), the Secretary of Health and Human Services shall implement an enforcement plan to enforce such requirements for organizations and insurers in such State. In the case of a State that fails to substantially enforce such requirements, each health maintenance organization and insurer operating in such State shall be subject to civil enforcement as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140) through the Secretary of Health and Human Services. The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by such Secretary to be disclosed and reported under this subsection. (b) Employee Health Benefit Plans.--With respect to employee health benefit plans, the Secretary of Labor shall enforce the requirements of section 2 in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by such Secretary to be disclosed and reported under this subsection. (c) Medicaid.--With respect to a health plan described in section 5(1)(C), the requirements of section 2 shall be treated as requirements of a State plan under title XIX of the Social Security Act. (d) FEHBP.--With respect to a health plan described in section 5(1)(E), the requirements of section 2 shall be treated as a condition for contracting with the plan under chapter 89 of title 5, United States Code. (e) Medicare HMOs.--With respect to a health plan described in section 5(1)(F), the requirements of section 2 shall be treated as requirements of a State plan under section 1876 of the Social Security Act. (f) Regulations.--The Secretaries of Labor and Health and Human Services and the Director of the Office of Personnel Management may promulgate such regulations as may be necessary or appropriate to carry out this Act. (g) Technical Amendment.--Section 508 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is amended by inserting ``and under the Prescription Drug Benefit Equity Act of 1996'' before the period. SEC. 4. CONSTRUCTION; PREEMPTION. (a) In General.--Nothing in this Act shall be construed as preventing a health plan from-- (1) restricting the drugs for which benefits are provided under the plan, or (2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with this Act. (b) Preemption of State Law.-- (1) In general.--Subject to paragraph (2), nothing in this Act shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements-- (A) not prescribed in this Act; or (B) related to the provision of prescription drug coverage that are consistent with, and are not in direct conflict with, this Act and provide greater protection or benefit to participants, beneficiaries, or individuals. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 5. DEFINITIONS. In this Act: (1) Health plan.--The term ``health plan'' means-- (A) an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise, and includes a group health plan (within the meaning of section 5000(b)(1) of the Internal Revenue Code of 1986); (B) benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and whether or not provided to a group, association, or individual) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract offered by an insurer or a health maintenance organization; (C) a State medical assistance plan under title XIX of the Social Security Act; (D) a medicare supplemental policy under section 1882 of the Social Security Act; (E) a health plan under chapter 89 of title 5, United States Code; and (F) benefits provided under a risk-sharing contract under section 1876 of the Social Security Act. (2) Mail-order prescription drug coverage.--The term ``mail-order prescription drug coverage'' means provision of benefits for prescription drugs and biologicals that are delivered directly to beneficiaries through the mail or similar means. (3) Non-mail-order prescription drug coverage.--The term ``non-mail-order prescription drug coverage'' means the provision of benefits for prescription drugs and biologicals through one or more local pharmacies. (4) Local pharmacy.--The term ``local pharmacy'' means, with respect to a prescription drug or biological and a beneficiary, an establishment that is authorized to dispense such drug or biological and that is located within such distance (not to exceed 5 miles in the case of a beneficiary residing in an urban area or 10 miles in the case of a beneficiary residing in a non-urban area) of the residence of such beneficiary, as the Secretary of Health and Human Services shall prescribe. (5) Employee health benefit plan.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))), that provides or pays for health benefits (such as provider and hospital benefits) for participants and beneficiaries (as defined in such section) whether-- (A) directly; (B) through a health plan offered by a health maintenance organization or insurer; or (C) otherwise. Such term includes any health benefit plan under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)). (6) Health maintenance organization; hmo.--The terms ``health maintenance organization'' and ``HMO'' mean-- (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization, if it is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974). (7) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)(A) of the Employee Retirement Income Security Act of 1974). (8) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. EFFECTIVE DATE. This Act shall apply to coverage provided under-- (1) health plans described in section 5(1)(A), for plan years beginning more than 6 months after the date of the enactment of this Act, or (2) other health plans, for contract years beginning more than 6 months after the date of the enactment of this Act.
Prescription Drug Benefit Equity Act of 1996 - Prohibits a health plan from providing mail-order prescription drug coverage without also providing non-mail-order prescription drug coverage meeting benefit and cost-sharing requirements. Provides for enforcement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Alternatives to Incarceration and Sentencing to Establish a Better Path for Youth Act of 2015'' or the ``RAISE Act of 2015''. SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. Section 3553 of title 18, United States Code, is amended by adding at the end the following: ``(g) Authority To Impose a Sentence Below a Statutory Minimum for Youth.-- ``(1) General rule.--Notwithstanding any provision of law other than this subsection, when sentencing a youth for a nonviolent offense, the court may impose a sentence below a statutory minimum if, after considering the factors set forth in subsection (a), the court finds-- ``(A) substantial and compelling reasons on the record that, giving due regard to the nature of the crime, the history and characteristics of the youth, and the youth's chances of successful rehabilitation, the mandatory minimum sentence would result in substantial injustice to the youth; and ``(B) imposition of the mandatory minimum sentence is not necessary for the protection of the public. ``(2) Court to give parties notice.--Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court's intent to do so and an opportunity to respond. ``(3) Statement in writing of factors.--The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum. ``(4) Appeal rights not limited.--This subsection does not limit any right to appeal that would otherwise exist in its absence. ``(5) Definitions.--In this subsection-- ``(A) the term `youth' means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual is being sentenced; and ``(B) the term `nonviolent offense' means a Federal criminal offense that is not-- ``(i) a crime of violence; or ``(ii) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act).''. SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR YOUTH. Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; (2) in subsection (c), paragraph (1), by inserting ``except as provided in paragraph (2)(A)(ii),'' before ``not to exceed 12 months''; (3) in subsection (c), by amending paragraph (2) to read as follows: ``(2) Home confinement authority.-- ``(A) The authority under this subsection may be used-- ``(i) to place a prisoner in home confinement for the greater of 10 percent of the term of imprisonment of that prisoner or 1 year; and ``(ii) to place a youth prisoner in home confinement for the greater of 25 percent of the term of imprisonment of that prisoner or 18 months. ``(B) Except as provided in subparagraph (C), placement in a community correction center shall not be used in lieu of home confinement solely because the prisoner has been diagnosed with a mental illness, mental disorder, or mental health condition. ``(C) There shall be a presumption in favor of direct release to home confinement unless the Director of the Bureau of Prisons makes specific findings in writing that the resources provided by a community correction center are necessary for the prisoner to adjust and prepare for the reentry into the community and those resources cannot be provided if the prisoner is in home confinement. ``(D) A prisoner placed on home confinement may not be ordered to pay the cost of electronic monitoring.''; and (4) by adding at the end the following: ``(g) Early Release Eligibility for Certain Youth.-- ``(1) In general.--The Bureau of Prisons shall release from confinement, subject to a period of prerelease custody under subsection (c), a youth who has served one half or more of that offender's term of imprisonment (including any consecutive term or terms of imprisonment) if that youth-- ``(A) is serving a sentence for a nonviolent offense; and ``(B) has not engaged in any violation of institutional disciplinary regulations involving violent conduct in the last 2 years. ``(2) Definitions.--In this subsection-- ``(A) the term `youth' means an individual who was 21 years of age or younger at the time the criminal offense occurred for which the individual is serving a term of imprisonment; and ``(B) the term `nonviolent offense' means a Federal criminal offense that is not-- ``(i) a crime of violence; or ``(ii) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act).''. SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR YOUTH. (a) Supervised Release of Youth.--Section 3582(c) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by inserting ``and'' at the end of paragraph (2); and (3) by inserting after paragraph (2) the following: ``(3) in the case of a youth serving a sentence of incarceration, after the youth (as defined in section 3581) has served at least 20 years, a court, upon motion of the Director of the Bureau of Prisons, the sentencing court, the youth or the counsel for the youth, or on its own motion, may reduce the term of imprisonment (and may impose a term of supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if-- ``(A) the court finds on the record that a reduction is warranted based on extraordinary and compelling reasons, including the youth's rehabilitation efforts, such as participation in counseling, education, work skills training, and prison employment, and mitigating facts relating to the life circumstances of the youth at the time of the commission of the offense; and ``(B) the Director of the Bureau of Prisons has, on its own or in response to the court, made a determination that the youth is not a danger to the safety of any other person or the community, as provided under section 3142(g).''. (b) Mandatory Life Sentence.--Section 3581 of title 18, United States Code, is amended by adding at the end the following: ``(c) Mandatory Life Sentence.--In the case of a youth convicted of an offense that carries a mandatory term of life imprisonment, the sentencing court shall treat the life sentence as discretionary and consider the age of the youth in determining the appropriate sentence. ``(d) Definition.--In this section, the term `youth' means an individual who was 21 years of age or younger at the time of the commission of the criminal offense for which the individual is being sentenced or is serving a term of imprisonment.''. SEC. 5. SMARTER PROBATION FOR YOUTH. (a) In General.--Section 3565 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``If'' and inserting ``Except as provided in subsection (d), if''; and (2) by adding at the end the following: ``(d) Special Rule for Technical Violations.--If the violation of a condition is solely technical, and not a conviction of a criminal offense, then the maximum punishment that can be imposed is not more than-- ``(1) 30 days imprisonment if the violation is the first violation during the defendant's period of probation; ``(2) 60 days imprisonment if the violation is a second violation during the defendant's period of probation; or ``(3) 90 days imprisonment if the violation is a third or subsequent violation during the defendant's period of probation.''. (b) Directive to the United States Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to the revocation of probation and supervised release under section 3565 of title 18, United States Code, as amended by this Act. SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR YOUTH. Section 4042(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (D) as paragraph (6) and within that paragraph as so redesignated, by redesignating subparagraphs (i) and (ii) as subparagraphs (A) and (B) respectively; (2) by redesignating paragraph (E) as paragraph (7) and within that paragraph as so redesignated, by redesignating subparagraphs (i) through (vii) as subparagraphs (A) through (G) respectively; and (3) by adding at the end the following: ``(8) designate correctional facilities or portions of correctional facilities that house youth (as defined in section 3624(g)) separate from other offenders and, to the extent possible, minimize contact between youth and other offenders except in rehabilitative, reentry, or similar programs; and ``(9) establish education, skills training, reentry, and mental and emotional health programs specific to the needs of youth (as defined in section 3624(g)).''. SEC. 7. PILOT PROGRAMS FOR YOUTH. (a) Bureau of Prisons.--The Bureau of Prisons shall establish each of the following pilot programs for 2 years, in at least 10 judicial districts: (1) Mentorship for youth.--A program to pair youth with-- (A) formerly incarcerated offenders that have demonstrated a commitment to rehabilitation, made positive contributions to the community, and expressed a willingness to serve as a mentor in such a capacity; or (B) volunteers from faith-based or community organizations that have relevant experience or expertise and a willingness to serve as a mentor in such a capacity. (2) Government service.--A program to equip youth with skills for government service and to place youth in related internships through work release, including placement with the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice. (3) Service to abandoned, rescued or otherwise vulnerable animals.--A program to equip youth with the skills to provide training and therapy to animals seized by Federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned, rescued, or otherwise vulnerable animals. (b) Attorney General.--The Attorney General shall establish pilot programs in the following areas: (1) Diversion for high-risk youth.--A program that provides youth, who are at high risk to reoffend and who have specialized needs, including substance abuse or gang involvement, an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (2) Diversion for victimized youth.--A program for youth that have been the victim of abuse, sex or drug trafficking, or other violent conduct, and for whom the criminal conduct is due in whole or in part to that victimization, that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (3) Diversion for youth.--A program for youth, who serve as the primary caretaker for a young child or sibling, for an ill or impaired parent or grandparent, or for a dependent and vulnerable individual, that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (c) Reporting Requirement.--Not later than one year after the conclusion of the pilot programs, the Attorney General shall report to Congress on the results of the pilot programs under this section. Such report shall include cost savings, numbers of participants, and information about recidivism rates among participants. (d) Definitions.--In this section-- (1) the term ``youth'' means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be; and (2) the term ``nonviolent offense'' means a Federal criminal offense that is not-- (A) a crime of violence (as that term is defined in section 16 of title 18, United States Code); or (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)). SEC. 8. RETROACTIVE EFFECT. This Act and the amendments made by this Act apply with respect to youth without regard to whether they become involved in the Federal criminal justice system before, on, or after the date of the enactment of this Act.
Reforming Alternatives to Incarceration and Sentencing to Establish a Better Path for Youth Act of 2015 or the RAISE Act of 2015 This bill amends the federal criminal code to permit a court to impose a sentence below the mandatory minimum for certain nonviolent youth offenses if the mandatory minimum is unjust to the youth and not necessary to protect public safety. The term "youth" means an individual prosecuted or sentenced for a criminal offense committed at age 21 or younger. The bill requires the Bureau of Prisons (BOP) to release early, subject to a period of pre-release custody, a nonviolent youth offender who has: (1) completed one half or more of his or her prison term, and (2) received no disciplinary violations for violent conduct in the last two years. A court may reduce the prison term of a youth who has completed 20 years of such prison term if: (1) compelling evidence warrants a sentence reduction, and (2) the youth poses no public safety danger. Additionally, a court must treat as discretionary a mandatory life prison term for a youth offender and impose an appropriate sentence after considering the youth's age. It limits to 30, 60, or 90 days the maximum prison term imposed on a defendant who commits a first, second, or third technical violation of a probation condition. The BOP must separately designate youth correctional facilities, minimize contact between youth and other offenders, and establish youth education, skills training, reentry, and mental and emotional health programs. The Department of Justice must establish pilot programs for diversion of high-risk, victimized, and primary caretaker youth. The BOP must establish pilot programs on youth mentorship, government service, and service to abandoned, rescued, or vulnerable animals. This bill's provisions apply to youth involved in the federal criminal justice system before, on, or after enactment.
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SECTION 1. FINDINGS. The Congress finds the following: (1) The President has proposed a multibillion dollar reconstruction project for Iraq. (2) The President's plan includes resources to rebuild potable water and wastewater treatment facilities; schools and health facilities; ports and airports; the electric power system, roads, and bridges; railroad infrastructure; solid waste management services; irrigation systems; and selected local government buildings. (3) State and local governments in the United States have their own unmet infrastructure and social services needs. (4) State and local governments represent a significant segment of the national economy whose economic health is essential to national economic prosperity. (5) Present national economic problems have imposed considerable hardships on State and local government budgets. (6) Those governments, because of their own fiscal difficulties, are being forced to take budget-related actions which tend to undermine Federal Government efforts to stimulate the economy. (7) Efforts to stimulate the economy through reductions in Federal Government tax obligations or increased spending on Federal programs are weakened when State and local governments are forced to increase taxes or cut spending. (8) Efforts by the Federal Government to stimulate the economic recovery will be substantially enhanced by a program of emergency Federal Government assistance to State and local governments to help prevent those governments from taking budget-related actions which undermine the Federal Government efforts to stimulate economic recovery. (9) State and local governments deserve, at a minimum, the same level of Federal investment to address infrastructure and social services shortfalls as the amount of relief and reconstruction funds provided to Iraq. SEC. 2. FINANCIAL ASSISTANCE AUTHORIZED. (a) Payments to State and Local Governments.--The Secretary of the Treasury shall, in accordance with the provisions of this Act, make payments to States and local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery. (b) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary of the Treasury for fiscal year 2003 for payments under this Act an amount equal to at least the total amount appropriated for fiscal year 2003 under the heading ``Iraq Relief and Reconstruction Fund'' in the Emergency Wartime Supplemental Appropriations Act, 2003, and any amounts appropriated for such Fund in any subsequent appropriation Act. Such amounts shall be in addition to, and not in lieu of, other amounts appropriated for payments to States and local governments. (c) Availability to Local Governments.--Not less than one-third of the amount appropriated pursuant to the authorization in subsection (b) shall be made available to local governments under the applicable laws of a given State. SEC. 3. ALLOCATION. The Secretary of the Treasury shall establish a formula, within 30 days after the date of the enactment of this Act, for determining the allocation of payments under this Act. The formula shall give priority weight to the following factors: (1) The unemployment rate in relation to the national average unemployment rate. (2) The duration of the unemployment rate above such average. (3) Median income. (4) Population. (5) The poverty rate. SEC. 4. USE OF FUNDS BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Funds received under this Act may be used only for priority expenditures. For purposes of this Act, the term ``priority expenditures'' means only-- (1) ordinary and necessary maintenance and operating expenses for-- (A) primary, secondary, or higher education, including school building renovation; (B) public safety; (C) public health, including hospitals and public health laboratories; (D) social services for the disadvantaged or aged; (E) roads, transportation, and water infrastructure; and (F) housing; and (2) ordinary and necessary capital expenditures authorized by law. (b) Certifications by State and Local Governments.--The Secretary of the Treasury may accept a certification by the chief executive officer of a State or local government that the State or local government has used the funds received by it under this Act only for priority expenditures, unless the Secretary determines that such certification is not sufficiently reliable to enable the Secretary to carry out this Act. The Secretary shall prescribe by rule the time and manner in which the certification must be filed.
Directs the Secretary of the Treasury to make payments to States and local governments to coordinate their budget-related actions with Federal Government efforts to stimulate the economy. Authorizes appropriations for FY 2003 for such payments in an amount equal to the total amount appropriated for for FY 2003 for the Iraq Relief and Reconstruction Fund in the Emergency Wartime Supplemental Appropriations Act, 2003, and subsequent appropriations Acts. Requires not less than one-third of such amount to be made available to local governments. Requires the Secretary to establish a formula for determining the allocation of payments, with priority consideration to the relative unemployment rate, median income, population, and poverty rate. Permits the use of funds received by States and local governments only for: (1) ordinary and necessary maintenance and operating expenses for education, public safety, public health, social services, roads, transportation, water infrastructure, and housing; and (2) ordinary and necessary capital expenditures authorized by law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Merger Reform and Customer Protection Act''. SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW. Section 11324(c) of title 49, United States Code, is amended by striking ``public interest. The Board'' and inserting ``public interest, except that no transaction shall be approved and authorized under this section unless the Board finds that the transaction-- ``(1) will not reduce competitive rail routes available to current railroad customers; ``(2) will provide additional rail to rail competition and competitive options for railroad customers; ``(3) will improve service to customers; and ``(4) is in conformity with the antitrust laws. The Board shall consult with the Attorney General, and may not make a finding under paragraph (4) unless the Attorney General agrees with the finding. The Board''. SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION. (a) Amendments.--Section 10501(b) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Application of the antitrust laws pursuant to the previous sentence shall not limit or affect the availability of remedies under this part'' after ``is exclusive''; and (2) by inserting ``other than the antitrust laws'' after ``Federal or State law''. (b) Effect of Prior Orders.--Section 10501 of title 49, United States Code, is further amended by adding at the end the following new subsection: ``(d) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- ``(1) which have been issued, made, granted, or allowed to become effective by any agency or official thereof pursuant to chapter 113, or any predecessor statutory provisions, or by a court of competent jurisdiction; and ``(2) which are in effect as of the date of the enactment of the Rail Merger Reform and Customer Protection Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the agency, official, or court.''. (c) Definition.--Section 10102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition;''. SEC. 4. RATE AGREEMENTS. (a) Amendments.--Section 10706 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``: exemption from antitrust laws''; (2) in subsection (a)(2)(A), by striking ``, and the Sherman Act'' and all that follows through ``carrying out the agreement''; (3) in subsection (a)(3)(B)(ii), by striking ``a Federal law cited in subsection (a)(2)(A) of this section'' and inserting ``the antitrust laws''; (4) by striking the second sentence of subsection (a)(4); (5) in subsection (a)(5)(A), by striking ``, and the antitrust laws'' and all that follows through ``carrying out the agreement''; (6) by striking the second sentence of subsection (d); and (7) by striking subsection (e). (b) Conforming Amendment.--The table of sections for chapter 107 of title 49, United States Code, is amended by striking ``: exemption from antitrust laws'' in the item relating to section 10706. SEC. 5. SCOPE OF AUTHORITY. Section 11321(a) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws'' after ``is exclusive''; (2) by striking ``the antitrust laws and from''; and (3) by inserting ``except for the antitrust laws,'' after ``and municipal law,''. SEC. 6. ELECTION OF REMEDIES. Section 11701 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(d) A person proceeding against a rail carrier pursuant to subsection (b) may not proceed against the same rail carrier pursuant to other Federal or State law, and a person proceeding against a rail carrier under other Federal or State law may not proceed against a rail carrier pursuant to subsection (b), with respect to the same claim.''. SEC. 7. CLAYTON ACT AMENDMENTS. The Clayton Act is amended-- (1) in section 7 (15 U.S.C. 18)-- (A) by striking ``Nor shall anything herein'' and all that follows through ``therein is so acquired.''; and (B) by striking ``Surface Transportation Board,''; (2) in section 11 (15 U.S.C. 21), by striking ``in the Surface Transportation Board where applicable to common carriers subject to jurisdiction under subtitle IV of title 49, United States Code;''; and (3) in section 16 (15 U.S.C. 26), by striking ``: Provided, That nothing'' and all that follows through ``title 49, United States Code''.
Rail Merger Reform and Customer Protection Act - Amends Federal transportation law to condition the Surface Transportation Board's approval of any rail carrier consolidation, merger, or acquisition of control upon a finding that the transaction: (1) will not reduce competitive rail routes available to current railroad customers; (2) will provide additional rail to rail competition and competitive options for railroad customers; (3) will improve service to customers; and (4) is in conformity with the antitrust laws.Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws.Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements.Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa.Amends the Clayton Act to conform with this Act.
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SECTION 1. SHORT TITLE. This Act may be cited at the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. BACKGROUND CHECKS. ``(a) Background Checks.--Each State that receives funds under this Act shall have in effect policies and procedures that-- ``(1) require that criminal background checks be conducted for school employees that include-- ``(A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which such school employee previously resided; ``(B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which such school employee previously resided; ``(C) a search of the National Crime Information Center of the Department of Justice; ``(D) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ``(E) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); ``(2) prohibit the employment of school employees for a position as a school employee if such individual-- ``(A) refuses to consent to the criminal background check described in paragraph (1); ``(B) makes a false statement in connection with such criminal background check; ``(C) has been convicted of a felony consisting of-- ``(i) homicide; ``(ii) child abuse or neglect; ``(iii) a crime against children, including child pornography; ``(iv) spousal abuse; ``(v) a crime involving rape or sexual assault; ``(vi) kidnapping; ``(vii) arson; or ``(viii) physical assault, battery, or a drug-related offense, committed within the past 5 years; or ``(D) has been convicted of any other crime that is a violent or sexual crime against a minor; ``(3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted under this section that an individual who has applied for employment with such agency as a school employee is a sexual predator report to local law enforcement that such individual has so applied; ``(4) require that the criminal background checks described in paragraph (1) be periodically repeated; and ``(5) provide for a timely process by which a school employee may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check and seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check, but that does not permit the school employee to be employed as a school employee during such process. ``(b) Definitions.--In this section: ``(1) School employee.--The term `school employee' means-- ``(A) an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in exposure to students; or ``(B) an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty-- ``(i) is to provide such services; and ``(ii) results in exposure to students. ``(2) Sexual predator.--The term `sexual predator' means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.''. SEC. 3. CONFORMING AMENDMENT. Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: ``Sec. 9537. Background checks.''. Passed the House of Representatives December 21, 2010. Attest: LORRAINE C. MILLER, Clerk.
Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI); and (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies or any other crime that is a violent or sexual crime against a child. Lists those felonies as: (1) homicide; (2) child abuse or neglect; (3) crimes against children; (4) spousal abuse; (5) crimes involving rape or sexual assault; (6) kidnapping; (7) arson; and (8) physical assault, battery, or drug-related offenses, committed within the past five years. Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators. Requires periodic repetitions of such criminal background checks. Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced; and (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Cost of Living Adjustment for Seniors Act of 1999''. SEC. 2. IMPROVEMENT OF CONSUMER PRICE INDEX FOR THE ELDERLY BY CONGRESSIONALLY APPOINTED REVIEW COMMITTEE. (a) Establishment of Consumer Price Index Review Committee.-- (1) Establishment.--There is established a review committee to be known as the Consumer Price Index Review Committee (in this section referred to as the ``Committee''). (2) Membership.--The Committee shall be composed of 15 members jointly appointed by the leadership of the Senate and the House of Representatives of whom-- (A) 11 shall be leading experts in the field of economics and, to the extent feasible, familiar with the issues related to the calculation of changes in the cost of living; and (B) 4 shall be representatives of individuals who have attained age 65. (3) Terms and vacancies.-- (A) Terms.--A member of the Committee appointed under paragraph (2) shall be appointed for the duration of the Committee. (B) Vacancies.-- (i) In general.--A vacancy on the Committee shall be filled in the same manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (ii) Filling unexpired term.--An individual chosen to fill a vacancy shall be appointed for the duration of the Committee. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (6) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members appointed under paragraph (2). (b) Duties.-- (1) Study and development of implementation plan.-- (A) In general.--The Committee shall conduct a study-- (i) to improve the method for determining an index, to be known as the ``Consumer Price Index for the Elderly''; (ii) to make recommendations addressing the limitations of the method for determining the Experimental Consumer Price Index for the Elderly calculated by the Bureau of Labor Statistics to ensure that the improved index accurately measures changes over time in expenditures for consumption that are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (iii) to develop an implementation plan. (B) Study requirements.--The study described in subparagraph (A) shall include the following requirements: (i) The Consumer Price Index for the Elderly shall be based on an accurate market basket of goods and services that reflect a representative collection of typical purchases by the total retiree population in the United States who receive old-age and survivors insurance benefits under title II of such Act. (ii) The Consumer Expenditure Survey used by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be re-designed and expanded to collect expenditure patterns representative of such total retiree population. (iii) The areas and outlets priced by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be modified to reflect a representation of the places of purchase for such total retiree population. (iv) The categories of items to be priced shall be selected to represent such total retiree population. (v) The prices collected shall adequately reflect the availability of discount prices for such total retiree population. (vi) Any other limitations otherwise found to affect the accuracy of the Consumer Price Index for the Elderly shall be removed. (C) Additional study.--The Committee shall also study the method for determining an accurate consumer price index for individuals who receive disability insurance benefits under title II of such Act. (2) Report.-- (A) In general.--Subject to subparagraph (B), not later than 1 year after the initial meeting of the Committee under subsection (a)(4), the Committee shall submit a report to Congress on the study conducted in accordance with paragraph (1). (B) Required approval.--The Committee shall not submit a report under subparagraph (A) unless the report has the approval of at least 9 members of the Committee. (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section, including the published and unpublished data and analytical products of the Bureau of Labor Statistics. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee in a timely manner. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Committee who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who otherwise are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee 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 IV of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without additional reimbursement (other than the employee's regular compensation), and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee 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. (e) Termination.--The Committee shall terminate 1 year after the date of the initial meeting of the Committee under subsection (a)(4). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Committee such sums as are necessary to carry out the purposes of this section. SEC. 3. BUREAU OF LABOR STATISTICS PILOT PROGRAM TO TEST CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Pilot Program.--The Commissioner of the Bureau of Labor Statistics shall establish a pilot program to test the accuracy of an operational index to be recommended by the Consumer Price Index Review Committee under section 2 and to be known as the ``Consumer Price Index for the Elderly'', which indicates changes over time in expenditures for consumption which are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). (b) Duration of Pilot Program.--The pilot program shall commence with the first month that begins after the date of the submission of the report under section 2(b)(2) and shall continue through December 2002. SEC. 4. INTERIM APPLICATION OF CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS. For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B)) occurring during the period that begins on January 1, 2000, and ends with the implementation of the Official Consumer Price Index for the Elderly under section 5(b), the Commissioner of Social Security, notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, shall use the Consumer Price Index for All Urban Consumers to calculate cost-of- living adjustments for benefits described in section 5(b)(1). SEC. 5. APPLICATION OF CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Implementation.-- (1) Commissioner of bureau of labor statistics.-- (A) In general.--Subject to subparagraph (B), not later than the fourth year that begins after the Consumer Price Index Review Committee submits the report required under section 2(b)(2), the Commissioner of the Bureau of Labor Statistics shall prepare and publish monthly the Official Consumer Price Index for the Elderly based on the implementation plan and recommendations included in that report. (B) No implementation if congressional disapproval of committee report.--Subparagraph (A) shall not apply if a joint resolution is enacted, in accordance with paragraph (2), disapproving the report submitted by the Consumer Price Index Review Committee before the end of the 90-day period that begins on the date on which the Review Committee submits the report. (C) Exclusion of certain days.--For purposes of subparagraph (B) and paragraph (2), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded from the computation of the period. (2) Congressional consideration.-- (A) Terms of the resolution.--For purposes of paragraph (1)(A), the term ``joint resolution'' means only a joint resolution that is introduced within the period described in that paragraph and-- (i) that does not have a preamble; (ii) the matter after the resolving clause of which is as follows: ``That Congress disapproves the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly submitted on ________.'', the blank space being filled in with the appropriate date; and (iii) the title of which is as follows: ``Joint resolution disapproving the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly.''. (B) Referral.--A resolution described in subparagraph (A) that is introduced-- (i) in the House of Representatives, shall be referred to the Committee on Ways and Means; and (ii) in the Senate, shall be referred to the Committee on Finance. (C) Discharge.--If a committee to which a resolution described in subparagraph (A) is referred has not reported such resolution by the end of the 60- day period beginning on the date on which the Consumer Price Index Review Committee submits the report required under section 2(b)(2), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (D) Consideration.--On or after the third day after the date on which the committee to which a resolution described in subparagraph (A) has reported, or has been discharged from further consideration of such resolution, such resolution shall be considered in the same manner as a resolution is considered under subsections (d), (e), and (f) of section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (b) Use of Index.--For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) beginning on or after January 1 of the calendar year that begins after the Commissioner of the Bureau of Labor Statistics first prepares and publishes the Official Consumer Price Index for the Elderly in accordance with subsection (a)(1), the Commissioner of Social Security shall-- (1) cease using the Consumer Price Index for All Urban Consumers to calculate cost-of-living adjustments for old-age and survivors insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) to any retiree or individual who has attained age 62; and (2) notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, use the Official Consumer Price Index for the Elderly to calculate such adjustments. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Labor Statistics such sums as are necessary to carry out the purposes of this section.
Outlines a BLS pilot program to test CPIE accuracy. Provides for interim application of the Consumer Price Index for All Urban Consumers for cost-of-living computation quarters from January 1, 2000, to implementation of the Official Consumer Price Index for the Elderly (Official CPIE) to calculate cost-of-living adjustments for old-age and survivors insurance benefits. Directs the BLS Commissioner to prepare and publish monthly the Official CPIE for implementation, based on the implementation plan and recommendations, and subject to congressional approval of the study report, in calculating such adjustments for any retiree or individual who has attained age 62. Authorizes appropriations.
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AND TERMINATION OF BANK FUNCTIONS. (a) Resolution of Functions.--The Secretary shall-- (1) complete the disposition and resolution of functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 3(a)(2). (b) Termination of Functions.--All functions that are transferred to the Secretary under section 3(a)(2) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date have been satisfied, as determined by the Secretary. (c) Report to the Congress.--When the Secretary makes the determination described in subsection (b), the Secretary shall report the determination to the Committee on Financial Services of the House of Representatives and the Committee on Finance of the Senate. SEC. 5. DUTIES OF THE SECRETARY OF THE TREASURY. (a) In General.--The Secretary shall be responsible for the implementation of this Act, including-- (1) the administration and wind-up of all functions transferred to the Secretary under section 3(a)(2); (2) the administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this Act; and (3) taking such other actions as may be necessary to wind- up any outstanding affairs of the Bank. (b) Delegation of Functions.--The Secretary may delegate to any other Federal department or agency head the performance of the functions of the Secretary under this Act, to the extent that the Secretary determines that the delegation would further the purposes of this Act. (c) Transfer of Assets and Personnel.--In connection with any delegation of functions under subsection (b), the Secretary may transfer to the department or agency concerned such assets, funds, personnel, records, and other property relating to the delegated function as the Secretary determines to be appropriate. (d) Authorities of the Secretary.--For purposes of performing the functions of the Secretary under this Act and subject to the availability of appropriations, the Secretary may-- (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. SEC. 6. PERSONNEL. Effective on the abolishment date, there are transferred to the Department of the Treasury all individuals, other than members of the Board of Directors of the Bank, who-- (1) immediately before the abolishment date, were officers or employees of the Bank; and (2) in their capacity as such an officer or employee, performed functions that are transferred to the Secretary under section 3(a)(2). SEC. 7. TRANSFER OF INSPECTOR GENERAL DUTIES. (a) Termination of the Office of Inspector General for the Export- Import Bank of the United States.--Notwithstanding any other provision of law, the Office of Inspector General for the Bank shall terminate on the abolishment date, and the assets and obligations of the Office shall be transferred to the Office of the Inspector General for the Department of the Treasury or otherwise disposed of. (b) Authority and Responsibility for Transfer or Disposal.--The Secretary shall have the authority and responsibility for transfer or disposal under subsection (a). (c) Savings Provision.--The provisions of this section shall not affect the performance of any pending audit, investigation, inspection, or report by the Office of the Inspector General for the Bank as of the abolishment date, with respect to functions transferred by this section. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any performance under the same terms and conditions and to the same extent that such performance could have been discontinued or modified if this section had not been enacted. SEC. 8. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. SEC. 9. TRANSFER OF ASSETS. Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 10. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 11. AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Secretary shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Secretary, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. SEC. 12. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Bank, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of the transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against an office transferred by this Act, or by or against any individual in the official capacity of such individual as an officer or employee of such an office, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 13. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. SEC. 14. CONFORMING AMENDMENTS AND REPEALS. (a) Repeal of Primary Authorizing Statute.--The Export-Import Bank Act of 1945 (12 U.S.C. 635--635i-9) is hereby repealed. (b) Elimination of Related Authorizing Provisions.-- (1) Section 103 of the International Development and Finance Act of 1989 (12 U.S.C. 635 note; Public Law 101-240) is hereby repealed. (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 (12 U.S.C. 635 note; Public Law 101-179) is hereby repealed. (3) Section 1908 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-1) is amended-- (A) by striking ``(a)''; and (B) by striking subsection (b). (4) Sections 1911 and 1912 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-2 and 635a-3) are hereby repealed. (5) Section 206 of the Bank Export Services Act (12 U.S.C. 635a-4) is hereby repealed. (6) Sections 1 through 5 of Public Law 90-390 (12 U.S.C. 635j through 635n) are hereby repealed. (7) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o-635t) are hereby repealed. (8) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (12 U.S.C. 635g note; Public Law 101-167) is amended by striking subsection (d). (9) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 (12 U.S.C. 635i-3 note; Public Law 100-418) is amended by striking subsection (a). (10) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (11) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (c) Elimination of Related Compensation Provisions.-- (1) Position at level iii.--Section 5314 of title 5, United States Code, is amended by striking the following item: ``President of the Export-Import Bank of Washington.''. (2) Positions at level iv.--Section 5315 of title 5, United States Code, is amended-- (A) by striking the following item: ``First Vice President of the Export-Import Bank of Washington.''; and (B) by striking the following item: ``Members, Board of Directors of the Export-Import Bank of Washington.''. (d) Elimination of Office of Inspector General for the Bank.-- Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``the President of the Export-Import Bank;''; and (2) in paragraph (2), by striking ``the Export-Import Bank,''. (e) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. (f) Report to the Congress on Other Amendments to Federal Statute.--The Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. SEC. 15. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act-- (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. SEC. 16. DEFINITIONS. In this Act: (1) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Office.--The term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.
Export-Import Bank Termination Act of 2012 - Abolishes the Export-Import Bank of the United States three years after enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act of 2002''. SEC. 2. MANDATORY FUEL SURCHARGE. (a) In General.--Chapter 137 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 13714. Fuel surcharge ``(a) Mandatory Fuel Surcharge.-- ``(1) Establishment of surcharge.--Any contract or agreement providing for truckload transportation or service involving a motor carrier, broker, or freight forwarder subject to jurisdiction under chapter 135 of this title who regularly provides such transportation or service shall include a requirement to assess a payer of transportation charges, and a requirement for the payer of transportation charges to pay, a minimum surcharge for the amount of the increase in the price of fuel used in the transportation provided to such payer commencing when the current price of diesel fuel surpasses, by $0.05 per gallon, the benchmark price set forth in paragraph (2). The surcharge assessed by the motor carrier, broker, or freight forwarder shall be calculated on the basis of mileage or percentage of revenue (whichever basis the motor carrier, broker, or freight forwarder elects) and shall be the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(2) Benchmark price.--The benchmark price referred to in paragraph (1) shall be $1.10 per gallon. ``(3) Current fuel price.--The current price of diesel fuel applicable under paragraph (1) to a shipment transported as described in that paragraph shall be the latest weekly average price for retail on-highway diesel fuel published by the Energy Information Administration for the district or subdistrict of the Petroleum Administration for Defense in which the shipment is physically tendered to the motor carrier, broker, or freight forwarder. ``(4) Increase in the cost of fuel.--The increase in the cost of fuel referred to in paragraph (1) and section 13715 of this title shall be an amount determined by subtracting the benchmark price from the current price of diesel fuel. ``(b) Implementation.--The surcharge referred to in subsection (a)(1), with respect to a shipment transported by a motor carrier, broker, or freight forwarder, shall be-- ``(1) calculated on the date the shipment is physically tendered to the motor carrier, broker, or freight forwarder; ``(2) itemized separately on the motor carrier, broker, or freight forwarder's invoices; and ``(3) paid to the motor carrier, broker, or freight forwarder by the payer of transportation charges. ``(c) Calculation of Surcharge on the Basis of Mileage.--For purposes of calculating a surcharge on the basis of mileage under this section-- ``(1) it shall be assumed that a gallon of fuel is used for each 5 miles of transportation; and ``(2) mileage means the number of miles invoiced as determined under the Department of Defense, Military Traffic Management Command's `Defense Table of Official Distances' or mileage guide established pursuant to section 13703(a)(1)(D). ``(d) Limitation on Authority.--Notwithstanding any other provision of this part, neither the Secretary nor the Board shall have regulatory or enforcement authority relating to provisions of this section and section 13715 of this title. The payer of fuel costs or any party to a transportation contract or agreement may bring an action for declaratory and injunctive relief and damages in an appropriate State court or United States district court against any party to a transportation contract or agreement for an act or omission of that party in violation of this section or section 13715 of this title or both. ``Sec. 13715. Negotiated fuel adjustments ``(a) In General.--Nothing in section 13714 of this title shall be construed to abrogate provisions relating to fuel cost adjustments in any transportation contract or agreement in effect on the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 or any renewal of such a contract or agreement thereafter. Nothing in this section or section 13714 or 14102(c) of this title shall be construed to prohibit any motor carrier, broker, or freight forwarder from including any privately negotiated fuel cost adjustment provision in any contract or agreement to provide transportation that is not less than the amount necessary to compensate the person responsible for paying for fuel for the amount of increase in the cost of fuel. ``(b) Continuation of Authority.--Nothing in section 13714 of this title shall impair the ability of any person to enter into any contract or agreement after the date of the enactment of the Motor Carrier Fuel Cost Equity Act of 2001 that provides for a fuel adjustment under this section or section 13714 of this title during any period in which no fuel surcharge is required under section 13714 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``13714. Fuel surcharge. ``13715. Negotiated fuel adjustments.''. SEC. 3. MANDATORY PASS-THROUGH TO COST BEARER. Section 14102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Mandatory Pass-Through to Cost Bearer.-- ``(1) In general.--A motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it-- ``(A) shall pass through to the person responsible for paying for fuel any fuel surcharge collected by the motor carrier, broker, or freight forwarder pursuant to section 13714 of this title or provided for in transportation contracts or agreements; ``(B) shall disclose in writing to the equipment lessor and lessee the amount of all freight rates and charges and fuel surcharges applicable to such transportation or service; and ``(C) may not-- ``(i) intentionally reduce compensatory transportation costs (other than the fuel surcharge) to the person responsible for paying for fuel for the purpose of adjusting for or avoiding the pass-through of the fuel surcharge; or ``(ii) intentionally impose a fuel cost adjustment in accordance with section 13715 of this title for the purpose of avoiding any payment under this section or section 13714 of this title. ``(2) Limitation on authority.--Notwithstanding any other provision of this part, neither the Secretary nor the Board shall have regulatory or enforcement authority relating to provisions of this subsection. The payer of fuel costs or any party to a transportation contract or agreement may bring an action for declaratory and injunctive relief and damages in an appropriate State court or United States district court against any party to a transportation contract or agreement for an act or omission of that party in violation of this subsection.''.
Motor Carrier Fuel Cost Equity Act of 2002 - Amends the Federal transportation code to require any contract or agreement for truckload transportation or service regularly provided by a motor carrier, broker, or freight forwarder subject to the Secretary of Transportation and the Surface Transportation Board to include a requirement to assess a payor of transportation charges a minimum surcharge based on mileage or percentage of revenue for fuel used in the transportation provided to such payor. Requires such a surcharge whenever an increase in the price of such fuel surpasses by $0.05 per gallon the benchmark price of $1.10 per gallon. Requires the surcharge to be the amount necessary to compensate the person responsible for paying for fuel for any increase in the price from the fuel price norm.Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through, with due notice in writing, to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to the payor of fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Basel III Impact Study Act''. SEC. 2. STUDY REQUIRED. The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (in this Act referred to as the ``Federal banking agencies'') shall conduct the study and issue the report to Congress required by section 3 prior to issuing any final rule amending general risk-based capital requirements for-- (1) revising the advanced-approaches risk-based capital requirements, as proposed in the Advanced Approaches Risk-Based Capital Rule of Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Advanced Approach NPR''); (2) determining risk-weighted assets, as proposed in the Standardized Approach for Risk-Weighted Assets Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Standardized Approach NPR''); and (3) determining minimum regulatory capital ratios, as proposed in the Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action Notice of Proposed Rulemaking issued in June 2012 and published in the Federal Register on August 30, 2012 (in this Act referred to as the ``Basel III NPR'' and collectively with the Advanced Approach NPR and the Standardized Approach NPR, the ``NPRs''). SEC. 3. STUDY AND REPORT. (a) Study.-- (1) In general.--The Federal banking agencies shall jointly conduct a quantitative impact study of the effect of the NPRs on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. (2) Scope of study.--As part of the study required by this subsection, the Federal banking agencies shall-- (A) determine current capital levels (as of December 31, 2012) at financial institutions covered by such report; (B) separately identify specific provisions in-- (i) the Basel III framework devised by the Basel Committee on Banking Supervision (in this Act referred to as the ``Basel III provisions''); and (ii) the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments made by that Act (in this Act referred to as the ``Dodd-Frank provisions'', and collectively with the Basel III provisions, referred to as the ``identified provisions'') which shall include from the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the amendments made by that Act-- (I) section 115 (regarding enhanced supervision and prudential standards); (II) section 165 (regarding enhanced supervision and prudential standards); (III) section 166 (regarding early remediation requirements); (IV) section 171 (regarding leverage and risk-based capital requirements); (V) section 619 (regarding prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds); (VI) section 939 (regarding the removal of statutory references to credit ratings); (VII) section 941 (regarding regulation of credit risk retention and exemption of qualified residential mortgages); and (VIII) section 1412 (regarding safe harbor and rebuttable presumptions for qualified mortgages); and (C) estimate and evaluate the impact of such identified provisions on affected United States institutions in accordance with this section. (3) Contents of study.--The Federal banking agencies shall-- (A) in conducting the study required by this section, determine and estimate the likely cumulative impact of the NPRs and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered United States financial institutions; and (B) based on such findings, provide an assessment regarding-- (i) changes to required capital levels in the aggregate, per asset class and institution size based on the Basel III provisions, the Dodd-Frank provisions, and separately, on the identified provisions; (ii) the aggregate increase or decrease of total risk-weighted asset levels for the institutions to which the Advanced Approach NPR and the Standardized Approach NPR would be applicable based on their size and asset class; (iii) whether the NPRs and identified provisions will cause capital levels at covered institutions to fluctuate with more frequency or by greater amounts than the current rules and indicate what, if any, safety and soundness issues such fluctuations raise for financial institutions or the financial system, including a determination of whether such fluctuations will make the United States financial system more or less safe than the current rules; (iv) whether the NPRs and the identified provisions will result in the discontinuation of the use of certain risk management tools by covered financial institutions and the impact on the safety and soundness of financial institutions and the financial system; (v) the cumulative impact that the NPRs and the identified provisions will have on-- (I) the United States economic growth, in general, and specifically, on the Gross Domestic Product; (II) availability and cost of credit in low- and moderate-income areas; and (III) availability and cost of residential mortgages, home equity lines of credit, auto loans, student loans, and commercial loans, including small business credit; (vi) the variance in required capital levels, assets, and asset quality between institutions that implement the advanced approaches or approaches to risk weighting of assets, as proposed in the Advanced Approaches NPR, and those that use the standardized approach, as proposed in the Standardized Approach NPR, and the impact on competition between entities using different approaches; and (vii) historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Standardized Approach NPR, and whether such proposed risk weightings are appropriately and fairly calibrated. (4) Voluntary participation.--In carrying out the study required by this section, the Federal banking agencies-- (A) shall rely on data available to the agencies through call reports and other data gathering processes already employed by the Federal banking agencies; and (B) may seek input and participation from insured depository institutions and insured depository institution holding companies, provided that such request shall not impose undue burden on participating institutions and that participation in the study by any insured depository institutions or insured depository institution holding companies shall be voluntary. (b) Report.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study required by subsection (a). (2) Contents.--The Federal banking agencies shall include the methodologies and assumptions used in the study, as well as the required elements of the study listed in subsection (a) in the report required in this subsection. SEC. 4. COMPETITIVE EQUALITY. Section 908(a)(1) of the International Lending Supervision Act of 1983 (12 U.S.C. 3907(a)(1)) is amended by adding at the end the following: ``Each appropriate Federal banking agency shall, consistent with safety and soundness, seek to ensure that any differences in rules implementing the capital standards required under this section or other provisions of Federal law for banking institutions, savings associations, bank holding companies, and savings and loan holding companies do not give competitive advantages to any class or group of such institutions, associations, or companies, unless required by other Federal law, and do not undermine any requirements for enhanced supervision and prudential standards required by section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325).''.
Basel III Impact Study Act - Directs the federal banking agencies (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation [FDIC]), before issuing any final rule amending their general risk-based capital requirements for revising advanced-approaches risk-based capital requirements, determining risk-weighted assets, and determining minimum regulatory capital ratios as proposed in certain August and June 2012 notices of proposed rule making (NPRs), to study and report to Congress on the impact of the NPRs on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. Requires the banking agencies to determine current capital levels at covered financial institutions and separately identify specific provisions of: (1) the Basel III framework devised by the Basel Committee on Banking Supervision; (2) the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank); and (3) estimate and evaluate their impact as well as the cumulative impact of the NPRs and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered U.S. financial institutions. Permits the banking agencies to solicit participation in the study from insured depository institutions and insured depository institution holding companies provided that such request does not impose an undue burden upon participants and is entered into on a voluntary basis.Amends the International Lending Supervision Act of 1983 to revise capital adequacy requirements by directing the banking agencies to seek to ensure that any differences in rules implementing the capital standards do not: (1) give competitive advantages to any class or group of institutions unless otherwise required by federal law, or (2) undermine Dodd-Frank requirements for enhanced supervision and prudential standards.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Research, Development, and Demonstration Authorization Act of 1995''. SEC. 2. DEFINITIONS. For the purposes of this Act, the term-- (1) ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) ``Agency'' means the Environmental Protection Agency; and (3) ``Assistant Administrator'' means the Assistant Administrator for Research and Development of the Agency. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administrator $490,000,000 for fiscal year 1996 for the Office of Research and Development for environmental research, development, and demonstration activities, including program management and support, in the areas specified in subsection (b), of which-- (1) $321,694,800 shall be for Research and Development; and (2) $109,263,400 shall be for Program and Research Operations. (b) Specific Programs and Activities.--Of the amount authorized in subsection (a), there are authorized to be appropriated the following: (1) For air related research, $93,915,200, of which-- (A) $67,111,400 shall be for Research and Development; and (B) $26,803,800 shall be for Program and Research Operations. (2) For global change research, $2,385,700, of which-- (A) $2,125,400 shall be for Research and Development; and (B) $260,300 shall be for Program and Research Operations. (3) For water quality related research, $21,243,100, of which-- (A) $9,453,100 shall be for Research and Development; and (B) $11,790,000 shall be for Program and Research Operations. (4) For drinking water related research, $20,652,400, of which-- (A) $10,376,500 shall be for Research and Development; and (B) $10,275,900 shall be for Program and Research Operations. (5) For toxic chemical related research, $11,053,900, of which-- (A) $5,028,600 shall be for Research and Development; and (B) $6,025,300 shall be for Program and Research Operations. (6) For lab and field expenses, $73,031,600, all of which shall be for Research and Development. (7) For headquarters expenses of the Office of Research and Development, $9,254,800, all of which shall be for Research and Development. (8) For multimedia related research expenses, $158,656,800, of which-- (A) $122,142,900 shall be for Research and Development; (B) $31,513,900 shall be for Program and Research Operations; and (C) $5,000,000 shall be for graduate student fellowships. (9) For program management expenses, $6,399,300, all of which shall be for Program and Research Operations. (10) For pesticide related research, $13,345,200, of which-- (A) $7,192,800 shall be for Research and Development; and (B) $6,152,400 shall be for Program and Research Operations. (11) For oil pollution related research, $2,076,900. (12) For research related to leaking underground storage tanks, $769,400. (13) For research related to cleanup of contaminated sites, $56,195,500. (14) For research related to hazardous waste, $21,020,200, of which-- (A) $10,977,700 shall be for Research and Development; and (B) $10,042,500 shall be for Program and Research Operations. (c) Limitations.--(1) No funds are authorized to be appropriated by this Act for-- (A) the Environmental Technology Initiative; (B) the Climate Change Action Plan; or (C) indoor air pollution research. (2) No funds are authorized to be appropriated for any fiscal year after fiscal year 1996 for carrying out the programs and activities for which funds are authorized by this Act, unless such funds are specifically authorized to be appropriated by Act of Congress with respect to such fiscal year. (3) Notwithstanding any other provision of law, no funds are authorized to be appropriated for fiscal year 1996 for carrying out the programs and activities for which funds are authorized by this Act unless such sums are specifically authorized to be appropriated by this Act. SEC. 4. SCIENTIFIC RESEARCH REVIEW. (a) In General.--The Administrator shall assign to the Assistant Administrator the duties of-- (1) developing a strategic plan for scientific and technical activities throughout the Agency; (2) integrating that strategic plan into ongoing Agency planning activities; and (3) reviewing all Agency research to ensure the research-- (A) is of high quality; and (B) does not duplicate any other research being conducted by the Agency. (b) Report.--The Assistant Administrator shall transmit annually to the Administrator and to the Committee on Science of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing-- (1) all Agency research the Assistant Administrator finds is not of sufficiently high quality; and (2) all Agency research the Assistant Administrator finds duplicates other Agency research. SEC. 5. PROHIBITION OF LOBBYING ACTIVITIES. None of the funds authorized by this Act shall be available for any activity whose purpose is to influence legislation pending before the Congress. SEC. 6. ELIGIBILITY FOR AWARDS. (a) In General.--The Administrator shall exclude from consideration for awards of financial assistance made by the Office of Research and Development after fiscal year 1995 any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1995, from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to awards to persons who are members of a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. SEC. 7. GRADUATE STUDENT FELLOWSHIPS. In carrying out the graduate student fellowship program for which funds are authorized to be appropriated by this Act, the Administrator shall ensure that any fellowship award to a student selected after the date of the enactment of this Act is used only to support research that would further missions of the Office of Research and Development in fields in which there exists or is projected to exist a shortage in the number of scientists.
Environmental Research, Development, and Demonstration Authorization Act of 1995 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1996 for the Office of Research and Development for specified environmental research, development, and demonstration activities. Specifies that no funds are authorized to be appropriated for: (1) the Environmental Technology Initiative, the Climate Change Action Plan, or indoor air pollution research; (2) carrying out programs and activities after FY 1996; or (3) carrying out programs and activities in FY 1996 for which sums are not specifically authorized to be appropriated by this Act. Directs the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for scientific and technical activities throughout EPA; (2) integrating that strategic plan into ongoing EPA planning activities; and (3) reviewing all EPA research to ensure the research is of high quality and does not duplicate any other research being conducted by EPA. Directs the Assistant Administrator to report annually to the Administrator and specified congressional committees on EPA research that is duplicative or not of sufficiently high quality. Prohibits the use of funds authorized by this Act for lobbying activities. Requires the Administrator to exclude from consideration for awards of financial assistance made by the Office after FY 1995 persons who received funds appropriated for a fiscal year after FY 1995 from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes the exclusion effective for a five-year period after the person receives such funds. Exempts awards to persons who are members of a class specified by law for which assistance is awarded according to a prescribed formula. Requires the Administrator to ensure that any graduate fellowship award to a student selected after the enactment of this Act is used only to support research that would further missions of the Office in fields in which there exists or is projected to exist a shortage in the number of scientists.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``One Health Act of 2016''. SEC. 2. INTERAGENCY ONE HEALTH PROGRAM. (a) In General.--The President, acting through the National Science and Technology Council, shall coordinate and support a national, interagency One Health Program to address infectious diseases in animals and the environment, and to help prevent the transmission of known and emerging infectious diseases between animal populations and human populations. (b) National One Health Framework.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in cooperation with the National Science and Technology Council, shall develop and submit to Congress a One Health Framework (referred to in this section as the ``framework'') for coordinated Federal activities under the One Health Program. (2) Contents of framework.--The framework described in paragraph (1) shall describe existing efforts and contain recommendations for building upon and complementing the activities of the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, and shall-- (A) identify and describe, as appropriate, activities of Federal agencies and departments under the One Health Program; (B) for the 10-year period beginning in the year the framework is submitted, establish Federal goals and priorities that most effectively advance-- (i) scientific understanding of the connections between human, animal, and environmental health; and (ii) workforce development to prevent and respond to zoonotic disease outbreaks in animals and humans; (C) describe specific activities required to achieve the goals and priorities described in subparagraph (B), such as competitive research grant programs, training and support for scientists, engagement of nongovernmental entities, and participation in international collaborations and research efforts; (D) identify and expand partnerships among Federal agencies, States, academic institutions, nongovernmental organizations, and private entities in order to develop new approaches for reducing hazards to human health from animal and environmental sources and to strengthen understanding of the value of an integrated approach under the One Health Program to addressing public health threats in a manner that prevents duplication; and (E) provide recommendations to Congress regarding additional action or legislation that may be required to assist in establishing the One Health Program. SEC. 3. NATIONAL ONE HEALTH INITIATIVE. (a) Establishment.--As part of the interagency One Health Program, in coordination with the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, the President, acting through the One Health Program shall establish a One Health Initiative to coordinate and implement research and field activities of the Federal Government related to the role of animals and the environment in human health, as described in subsection (b). (b) Activities.--Under the One Health Initiative established under subsection (a), members of the One Health Program shall provide support for activities in furtherance of the goals and priorities under the One Health Framework described in section 2(b), including through-- (1) entering into cooperative agreements with, and awarding grants to, public or private entities, including States, nongovernmental entities, academic institutions, nonprofit organizations, and privately funded philanthropic organizations in order to cover all or part of the costs associated with establishing or strengthening efforts described in the One Health Initiative; and (2) awarding grants to States for the purpose of establishing One Health national centers of excellence, with preference given to States that match Federal grant funds with State funds or funds obtained through State partnerships with private entities, academic institutions, or nonprofit organizations. (c) One Health National Centers of Excellence.--Centers of excellence established under subsection (b)(2) shall carry out activities of the type described in the One Health Framework under section 2(b), including supporting One Health workforce training and bringing together the animal, environmental, and human health workforce to coordinate disease surveillance and prevention efforts. (d) Authorization of Appropriations.-- (1) In general.--To carry out the One Health Initiative under this section, there are authorized to be appropriated $50,000,000 for the period of fiscal years 2016 through 2020. (2) Allocation of funds.--Of the amounts appropriated under paragraph (1), not less than 50 percent shall be allocated to supporting the national centers of excellence under subsection (b)(2). SEC. 4. LEVERAGING INTERNATIONAL SUPPORT. In carrying out section 2, the President shall direct representatives of the United States to appropriate international bodies, including the multilateral development banks, the World Health Organization, the Food and Agriculture Organization of the United Nations, and the World Organization for Animal Health, to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body-- (1) commit to adopting approaches consistent with the One Health Initiative under section 3 to address animal and environmental sources of public health threats prior to their introduction into human populations, including increased coordination and collaboration between human, animal, and environmental health officials; (2) provide technical assistance to the regulatory authorities of governments to remove unnecessary barriers to investment in programs similar to the One Health Initiative programs under section 3; and (3) utilize clear, accountable, and metric-based targets, consistent with the Global Health Security Agenda, to measure the effectiveness of such initiatives.
One Health Act of 2016 This bill requires the National Science and Technology Council (NSTC) to coordinate and support a One Health Program to: (1) address infectious diseases in animals and the environment, and (2) help prevent the transmission of infectious diseases between animal populations and human populations. The Office of Science and Technology Policy, in cooperation with the NSTC, must develop a framework for federal activities under the program. The framework must: describe the activities of federal agencies and departments under the program, establish goals and priorities for advancing scientific understanding and for workforce development and describe activities to achieve these goals and priorities, identify and expand partnerships among federal agencies and others to develop new approaches for reducing hazards to human health from animal and environmental sources and to promote an integrated approach to addressing public health threats in a manner that prevents duplication, and provide recommendations for additional action or legislation to assist in establishing the program. The program must establish an initiative to coordinate and implement federal research and field activities. Program members must support activities described in the framework, including by awarding grants to establish national centers of excellence to carry out those activities. The President must direct representatives of the United States to advocate that international bodies adopt approaches consistent with the initiative, provide technical assistance to governments to remove unnecessary barriers to investment in similar programs, and use certain targets to measure the effectiveness of such initiatives.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act''. SEC. 2. STATEMENT OF PURPOSE; STATUTORY CONSTRUCTION. (a) Purpose.--The purpose of this Act is to set forth requirements, consistent with the Agreed Framework, for the United States implementation of the Agreed Framework. (b) Statutory Construction.--Nothing in this Act requires the United States to take any action which would be inconsistent with any provision of the Agreed Framework. SEC. 3. RESTRICTION ON FUNDING. (a) Subject to an Authorization of Appropriations Act and an Appropriations Act.--The United States may not exercise any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. (b) Prohibition.--No funds may be made available under any provision of law to carry out activities described in the Agreed Framework unless the President determines and certifies to Congress that North Korea is in full compliance with the terms of the Agreed Framework. SEC. 4. NORMALIZATION OF DIPLOMATIC RELATIONS. None of the funds made available to carry out any program, project, or activity funded under any provision of law may be used to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the IAEA safeguards requirement described in section 7, the additional requirements set forth in section 8, and the nuclear nonproliferation requirements of section 9. SEC. 5. NORMALIZATION OF ECONOMIC RELATIONS. (a) Restriction on Termination of Economic Embargo.--The President shall not terminate the economic embargo of North Korea until North Korea has satisfied the IAEA safeguards requirement described in section 7, the additional requirements set forth in section 8, and the nuclear nonproliferation requirements of section 9. (b) Definition.--As used in this section, the term ``economic embargo of North Korea'' means the regulations of the Department of the Treasury restricting trade with North Korea under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)). SEC. 6. RESTRICTION ON PETROLEUM SHIPMENTS. (a) Restriction.--If North Korea does not maintain the freeze of its graphite-moderated nuclear program as defined in the Agreed Framework, or if North Korea diverts heavy oil for purposes not specified in the Agreed Framework, then-- (1) no additional heavy oil may be exported to North Korea if such oil is subject to the jurisdiction of the United States, or is exported by a person subject to the jurisdiction of the United States; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export heavy oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. (b) Enforcement.--Whoever violates subsection (a)(1) having the requisite knowledge described in section 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410) shall be subject to the same penalties as are provided in that section for violations of that Act. SEC. 7. IAEA SAFEGUARDS REQUIREMENT. The requirement of this section is satisfied when the President determines and certifies to the appropriate congressional committees that North Korea is in full compliance with its safeguards agreement with the International Atomic Energy Agency (INFCIRC/403), in accordance with part IV (3) of the Agreed Framework under the timetable set forth therein, as determined by the Agency after-- (1) conducting inspections of the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting such other inspections in North Korea as may be deemed necessary by the Agency. SEC. 8. ADDITIONAL REQUIREMENTS. The additional requirements referred to in sections 4 and 5 are the following, as determined and certified by the President to the appropriate congressional committees: (1) That progress has been made in talks between North Korea and the Republic of Korea, including implementation of confidence-building measures by North Korea as well as other concrete steps to reduce tensions. (2) That the United States and North Korea have established a process for returning the remains of United States military personnel who are listed as missing in action (MIAs) during the Korean conflict between 1950 and 1953, including field activities conducted jointly by the United States and North Korea. (3) That North Korea no longer meets the criteria for inclusion on the list maintained by the Secretary of State under section 6(j)(1)(A) of the Export Administration Act of 1979 of countries the governments of which repeatedly provide support for acts of international terrorism. (4) That North Korea has taken positive steps to demonstrate a greater respect for internationally recognized human rights. (5) That North Korea has agreed to control equipment and technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime, as defined in section 74(2) of the Arms Export Control Act (22 U.S.C. 2797c). SEC. 9. NUCLEAR NONPROLIFERATION REQUIREMENTS. The nuclear nonproliferation requirements referred to in sections 4 and 5 are the following, as determined and certified by the President to the appropriate congressional committees and the Committee on Energy and Natural Resources of the Senate: (1) All spent fuel from the graphite-moderated nuclear reactors of North Korea have been removed from the territory of North Korea as is consistent with the Agreed Framework. (2) The International Atomic Energy Agency has conducted any and all inspections that it deems necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including special inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea. (3) The dismantlement of all graphite-based nuclear reactors in North Korea, including reprocessing facilities, has been completed in accordance with the Agreed Framework and in a manner that effectively bars in perpetuity any reactivation of such reactors and facilities. SEC. 10. SUSPENSION OF UNITED STATES OBLIGATIONS. The United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing 5 megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. SEC. 11. WAIVER. The President may waive the application of section 7, 8, 9, or 10 if the President determines, and so notifies in writing the appropriate congressional committees, that to do so is vital to the security interests of the United States. SEC. 12. REPORTING REQUIREMENTS. Beginning 6 months after the date of enactment of this Act, and every 12 months thereafter, the President shall transmit to the appropriate congressional committees a report setting forth-- (1) an assessment of the extent of compliance by North Korea with all the provisions of the Agreed Framework and this Act; (2) a statement of the progress made on construction of light-water reactors, including a statement of all contributions, direct and indirect, made by any country to the Korean Peninsula Energy Development Organization from the date of signature of the Agreed Framework to the date of the report; (3) a statement of all contributions, direct or indirect, by any country which is not a member of the Korean Peninsula Energy Development Organization for implementation of the Agreed Framework; (4) a statement of all expenditures made by the Korean Peninsula Energy Development Organization, either directly or indirectly, for implementation of the Agreed Framework; (5) an estimate of the date by which North Korea is expected to satisfy the IAEA safeguards requirement described in section 7; (6) a statement whether North Korea is transferring missiles or missile technology to other countries, including those countries that are state sponsors of international terrorism; (7) a description of any new developments or advances in North Korea's nuclear weapons program; (8) a statement of the progress made by the United States in fulfilling its actions under the Agreed Framework, including any steps taken toward normalization of relations with North Korea; (9) a statement of any progress made on dismantlement and destruction of the graphite-moderated nuclear reactors of North Korea and related facilities; (10) a description of the steps being taken to implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula; (11) an assessment of the participation by North Korea in talks between North Korea and the Republic of Korea; and (12) a description of any action taken by the President under section 6(a)(2). (b) Form of Report.--To the maximum extent possible, the President should submit the report in unclassified form. SEC. 13. DEFINITIONS. As used in this Act: (1) Agreed framework.--The term ``Agreed Framework'' means the document entitled ``Agreed Framework Between the United States of America and the Democratic People's Republic of Korea'', signed October 21, 1994, at Geneva, and the attached Confidential Minute. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committees on Foreign Relations and Armed Services of the Senate and the Committees on International Relations and National Security of the House of Representatives. (3) IAEA safeguards.--The term ``IAEA safeguards'' means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency. (4) North korea.--The term ``North Korea'' means the Democratic People's Republic of Korea, including any agency or instrumentality thereof. (5) Inspections.--The term ``inspections'' means inspections conducted by the International Atomic Energy Agency pursuant to an IAEA safeguards agreement, including special inspection of undeclared information or locations if the IAEA cannot account for nuclear material and is therefore unable to verify that there has been no diversion of nuclear materials.
Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act - Sets forth requirements for U.S. implementation of the Agreed Framework Between the United States and North Korea. (Sec. 3) Prohibits the United States from exercising any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. Prohibits the availability of funds to carry out activities described in the Agreed Framework unless the President certifies to the Congress that North Korea is in full compliance with the terms of the Agreed Framework. (Sec. 4) Prohibits the availability of funds to carry out any Federal program, project, or activity to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the International Atomic Energy Agency (IAEA) safeguards requirement, the nuclear proliferation requirement, and other additional requirements of this Act. (Sec. 5) Declares that the President shall not terminate the economic embargo of North Korea until it has satisfied all such requirements. (Sec. 6) States that if North Korea does not maintain the freeze of its graphite-moderated nuclear program, or if it diverts heavy oil for purposes not specified in the Agreed Framework, then: (1) no additional heavy oil may be exported to North Korea if such oil is subject to U.S. jurisdiction, or is exported by a person subject to U.S. jurisdiction; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export such oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. (Sec. 7) States that the IAEA safeguards requirement of this Act is satisfied when the President certifies to Congress North Korea's full compliance with its safeguards agreement with the IAEA, as determined by the IAEA after: (1) inspecting the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting any other necessary inspections in North Korea. (Sec. 8) Specifies additional requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) progress in talks between North Korea and the Republic of Korea; (2) joint U.S. and North Korean establishment of a process for returning the remains of U.S. military personnel listed as missing in action (MIAs) during the Korean Conflict; (3) North Korea's no longer meeting criteria for inclusion on the Secretary of State's list of countries supporting international terrorism; (4) positive steps by North Korea to demonstrate a greater respect for internationally recognized human rights; and (5) North Korean agreement to control equipment and technology in accordance with the Missile Technology Control Regime. (Sec. 9) Specifies nuclear proliferation requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) removal of all spent fuel from North Korean graphite-moderated nuclear reactors; (2) completion of all IAEA inspections necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea; and (3) complete dismantlement of all graphite-moderated reactors in North Korea, including reprocessing facilities, in a manner effectively barring any reactivation. (Sec. 10) Declares that the United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing five megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. (Sec. 11) Provides for presidential waiver of such suspension or any of the requirements of this Act if it is vital to U.S. security interests to do so.
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SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``alexander creek village recognition ``Sec. 43. ``(a) Recognition of the Village of Alexander Creek.--Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is an eligible Native village under section 11(b)(3). ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `conservation system unit' has the meaning given that term in the Alaska National Interest Lands Conservation Act. ``(3) The term `Alexander Creek' means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. ``(4) The term `property' has the meaning given that term in Public Law 94-204 (43 U.S.C. 1611 note). ``(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h). ``(c) Establishment.--(1) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the `Alexander Creek account'. ``(2) Funds in the Alexander Creek account shall-- ``(A) be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and ``(B) remain available until expended. ``(3)(A) Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. ``(B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. ``(C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: ``(i) Receipt of deposits. ``(ii) Receipt of deposits into escrow when an escrow is required for the sale of property. ``(iii) Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. ``(d) Land Exchange.--The Secretary of the Interior shall enter into negotiations to attempt to conclude, under the authority of section 22(f), a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. ``(e) Amount.--(1) The initial balance of the Alexander Creek account shall be the fair market value of the surface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as depicted on the map entitled `____________' and dated ____________. ``(2) If a conveyance is made to Alexander Creek pursuant to subsection (d), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre determined under subsection (g). ``(f) Subsurface Estate.--The subsurface estate to lands conveyed to Alexander Creek under this section shall be conveyed, without consideration, to the Region. ``(g) Appraisal.--(1)(A) The Secretary shall determine the amount to be deposited into the Alexander Creek account by appraising the fair market value, as of the date of the enactment of this section, of each section selected as a separate parcel and considering that `public interest' use may be the highest and best use of such parcels. ``(B) Alexander Creek shall have the opportunity to present evidence of value to the Secretary. The Secretary shall provide Alexander Creek with a preliminary draft of the appraisal. Alexander Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. ``(2) The Secretary shall forward a certified copy of the appraisal to Alexander Creek. ``(h) Implementation.--(1) Alexander Creek may assign without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, the amount of such assignment shall be added to or made a part of the Region's Property Account in the Treasury established pursuant to section 12(b) of Public Law 94-204, and may be used in the same manner as other funds in that account. ``(2) Upon certification by the Secretary of the Interior of the appraisal completed pursuant to subsection (g), Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received pursuant to this Act. Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. ``(3) Any land conveyed to Alexander Creek pursuant to subsection (e) shall be deemed to be a conveyance pursuant to this Act. ``(i) Treatment of Amounts From Account.--The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.''.
Amends the Alaska Native Claims Settlement Act (ANCSA) Recognizes the village of Alexander Creek located in Alaska as an eligible Native village. Directs the Secretary of the Treasury to establish an Alexander Creek account, the funds of which shall be available to Alexander Creek, Incorporated for bidding on and purchasing property sold at public sale. Directs the Secretary of the Interior (the Secretary) to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska. Requires the: (1) the account's initial balance to be the fair market value of the surface estate of certain deficiency selections made by Alexander Creek; and (2) subsurface estate to the lands conveyed to Alexander Creek to be conveyed to Cook Inlet Region, Incorporated. Deems Alexander Creek, upon certification by the Secretary of the appraisal described in this Act, to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to ANCSA. Declares that such acceptance shall satisfy all claims of Alexander Creek against the United States. Deems any land conveyed to Alexander Creek pursuant to this Act to be a conveyance pursuant to ANCSA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Child Care for America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Young children's environment plays an enormous role in brain development. Research states that most of the brain's neural connections, or synapses, are produced in the first 3 years of life. Experiences that promote healthy social and emotional development during these years are critically important in affecting behavior and learning into adulthood. (2) More than 12,000,000 children age 5 and younger, and not yet in kindergarten, are in child care every week. Of those, approximately 6,000,000 children under age 3 spend some or all of their day being cared for by someone other than parents. (3) About 3 out of 5 mothers (61 percent of mothers) with children under age 3 are in the workforce. (4) High quality, developmentally appropriate child care increases children's chances of succeeding in school. A 4-State study that compared children in high-quality child care with children in low-quality care found that by second grade, children who had received high-quality care demonstrated greater mathematical ability, greater thinking and attention skills, and fewer behavioral problems than the children who had received low-quality care. At-risk children were particularly affected by the quality of the care they received. (5) While many child care providers (both in centers and in homes) are providing high quality care, too many are not receiving the support they need to improve the quality of care. (6) Better compensation is associated with improvements in child care quality, developmental outcomes, and school readiness. However, the Department of Labor reports that child care workers' average yearly wage in 2006 was $18,820 ($9.05 per hour), well below the $20,614 poverty threshold for a family of 4. (7) Low wages are inextricably linked to the reimbursement rates child care providers receive for children who qualify for subsidies under the Child Care and Development Block Grant Act of 1990. In 2006, only 9 States reimbursed the providers at the federally recommended level, compared with 22 States in 2001 and 13 States in 2005. Inadequate reimbursement rates make it much harder for child care centers to pay above-poverty wages, and for family child care providers to receive payments sufficient for them to escape poverty. (8) Child care providers are much more likely than the workforce as a whole to lack health insurance. Twenty-seven percent of child care providers had no health insurance coverage in 2005. This compares with an uninsurance rate of 16 percent for all female workers. And, child care providers who have health insurance often cannot afford the increased out-of- pocket costs for premiums and co-payments for such insurance. (9) High turnover is extremely problematic in the child care field, where children's social, emotional, and intellectual development depend on a positive, nurturing attachment to primary caregivers. Thirty-five percent of individuals employed as child care providers in 2005 were no longer employed as child care providers 1 year later. (10) Additional investments in the child care workforce are necessary to attract and retain qualified child care providers. In the small but highly successful Child Care WAGES project, which provides education-based salary supplements to low-paid preschool teachers, preschool directors, and family child care providers in 4 States, turnover rates range from 12 percent to 17 percent, far lower than the national average. (11) Research shows that quality child care is contingent upon the special training child care providers receive in the area of child development. Both increased formal education levels and recent, specialized training in child development have been found consistently to be associated with high-quality interactions with children and children's development. (12) Lack of affordable, reliable, high-quality child care not only adversely affects children but is also an important factor in determining whether workers with family responsibilities have the capacity to maintain employment. Especially for low-income working mothers, access to child care is often a critical component in that determination. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following ``(a) In General.--There''; (2) by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Workforce Development Initiatives.--There are authorized to be appropriated to carry out section 658H $200,000,000 for fiscal year 2008 and each subsequent fiscal year.''. SEC. 4. CHILD CARE WORKFORCE DEVELOPMENT INITIATIVES. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. CHILD CARE WORKFORCE DEVELOPMENT INITIATIVES. ``(a) Reservation.--An eligible entity that receives funds to carry out this subchapter for a fiscal year shall reserve and use the development portion of such funds for that fiscal year for activities described in this section. ``(b) Use of Funds.-- ``(1) In general.--The eligible entity shall use amounts made available from the development portion to carry out 1 or more workforce development initiatives. ``(2) Initiatives.--In carrying out such an initiative, the eligible entity may use the amounts for activities to assist eligible child care providers by improving the compensation or benefits of the providers or enabling the providers to receive additional education or training, including-- ``(A) providing for increased compensation, including health insurance coverage and retirement benefits, for the providers; ``(B) providing paid sick leave, paid vacation leave, or paid release time for education or training relating to early childhood education, and paying for substitute providers during the leave or release time described in this subparagraph; ``(C) providing tuition assistance or other support for that education or training and providing increased compensation incentives for completing that education or training and obtaining a related credential; ``(D) providing technical and financial assistance to enable eligible child care providers to meet State regulatory requirements applicable to child care services provided in the State (or, in the case of an Indian tribe, minimum child care standards described in section 658E(c)(2)(E)) and to enable family child care providers to develop business plans for the provision of child care; and ``(E) developing and carrying out mentoring programs and career plans for child care providers. ``(3) Providers.--In carrying out the initiative, the eligible entity shall make available not less than 30 percent of the amounts described in paragraph (1) for eligible child care providers that are not center-based child care providers. ``(c) Maintenance of Effort.--The eligible entity, in utilizing the funds reserved under subsection (a) for a fiscal year, shall maintain the expenditures of the entity for activities described in subsection (b) at a level not less than the level of such expenditures maintained by the entity for the preceding fiscal year. ``(d) Limitation.--Nothing in this section shall be construed to permit a State to decrease the number of children served under this subchapter for a fiscal year as compared to the number of children served under this subchapter for the previous fiscal year. ``(e) Definitions.--In this section: ``(1) Covered payment.--The term `covered payment' means the amount paid to a territory or Indian tribe, as the case may be, under section 658O(a). ``(2) Development portion.--The term `development portion'-- ``(A) used with respect to a State, and a fiscal year, means the amount that bears the same relationship to the State allotment for that fiscal year as the amount appropriated under section 658B(b) for that fiscal year bears to the total amount appropriated under section 658B for that fiscal year; and ``(B) used with respect to a territory or Indian tribe, and a fiscal year, means the amount that bears the same relationship to the covered payment to the territory or Indian tribe for that fiscal year as the amount appropriated under section 658B(b) for that fiscal year bears to the total amount appropriated under section 658B for that fiscal year. ``(3) Eligible entity.--The term `eligible entity' means a State, territory, or Indian tribe. ``(4) State.--The term `State' does not include a territory. ``(5) State allotment.--The term `State allotment' means the amount allotted to a State under section 658O(b). ``(6) Territory.--The term `territory' means a jurisdiction described in section 658O(a)(1).''. SEC. 5. STATE PLAN. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended by adding at the end the following: ``(6) Development initiative.--The State plan shall state the activities that the State will provide through the workforce development initiative carried out under section 658H.''. SEC. 6. REPORT. Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end and inserting a semicolon; (2) in subparagraph (E), by inserting ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the activities funded through a workforce development initiative carried out under section 658H and an assessment of the impact of the activities on the work force in the State;''.
Quality Child Care for America Act - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for child care workforce development initiatives. Provides for funds to state and local governments and Indian tribes to carry out one or more specified child care workforce development initiatives. Requires a state plan to specify the activities that it will provide through any particular workforce development initiative.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabrieleno/Tongva Nation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Government has had continuous dealings with the Gabrieleno/Tongva Nation from 1771 until at least 1961. The Gabrieleno/Tongva Nation is the descendant of, and political successor to, the signatories of the June 10, 1851, Fort Tejon Treaty. (2) The Gabrieleno/Tongva Nation traditionally occupied the entire Los Angeles Basin and the islands of Santa Catalina, San Nicholas, and San Clemente, from Topanga Canyon to Laguna Beach, from the San Gabriel Mountains to the sea, in most of what is now Los Angeles and Orange Counties. (3) Several Federal officials have in the past recognized the Nation. In 1851 and 1852, the United States Government sent Commissioner Barbour to treat with the Indians of Los Angeles, but he was called away. Also in 1852, Superintendent of Indian Affairs E.F. Beale noted a numerous Indian population within Los Angeles County. In 1855, Superintendent of Indian Affairs Henley noted that the Indians in and around Los Angeles should be moved to a reservation. Records show that a small number of the Nation lived at the Sebastian Reserve at the Tejon Pass, part of Los Angeles County. In the 1870s former Mission Indian Agent J.Q. Stanley noted the grievances of the Indians living at Mission San Gabriel. (4) Scholars and academics have also noted the existence of the Nation. Helen Hunt Jackson, in the mid-1880s noted that the Gabrieleno/Tongva were continuing to live in the San Gabriel area where many worked as day laborers. At the turn of the century, C. Hart Merriam and J.P. Harrington indicated that there were some groups of the Nation living at the Tejon Reservation, and further noted that one of the tribes represented at the reservation was the ``Tongva of San Gabriel''. (5) In the early 1900s, the Federal Government allowed Nation members, most of whom were of one-half Indian blood, to register at the Sherman Indian School in Riverside, California. (6) The United States purchased land for the Nation in 1913 according to the Kelsey Map of Indians of California, which indicates a symbol corresponding to ``lands recently purchased'' at the site of San Gabriel. (7) By 1928, many Nation members were still living in their traditional area of San Gabriel and identifying themselves as tribal members, as evidenced by the California Indians' Jurisdictional Act. This Act authorized the Secretary to create a roll of California Indians for payment purposes. There are at least 150 Gabrieleno/Tongvas on this roll, approximately fifty with one-half degree Indian blood or more, and 128 of at least one-quarter Indian blood. (8) The Nation's membership has historically included and presently includes a verifiable half-blood community, which is eligible for organization under section 19 of the Act of June 18, 1934 (25 U.S.C. 479, commonly referred to as the Indian Reorganization Act), but the Bureau of Indian Affairs ignored the half-blood community and led the Nation to believe that it could not organize as a half-blood community. (9) The Nation has been politically active at the national level via the Mission Indian Federation, which lobbied the Congress for various Indian causes from the 1920s to the 1950s. The Nation was also a plaintiff in an Indian Claims Commission case in 1949. Forty-six bands filed suit, including the Tongva. The Bureau of Indian Affairs approved contracts for each band and included the Nation in all negotiations. After twelve years, all 46 bands were required to vote on a settlement, and the registers of voters indicated that the Nation members who voted at these meetings were, or are, relatives of presentday tribal members. (10) The State of California recognized the Gabrieleno/ Tongva in 1994, stating, ``The State of California...takes pride in recognizing the Indian inhabitants of the Los Angeles Basin and the continued existence of the Indian community within our State''. (``Certificate of Recognition'', signed by California Assembly member Diane Martinez, 1994). Furthermore, the city of San Gabriel recognizes the Gabrieleno/Tongva Nation. (11) The Nation has maintained its distinct community on its ancestral lands in San Gabriel and has maintained its unique culture and identity and maintains governance through a viable tribal government and a constitution and bylaws. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means those individuals enrolled in the Nation pursuant to section 6. (2) Nation.--The term ``Nation'' means the Gabrieleno/ Tongva Nation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Gabrieleno/ Tongva Nation is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), which are inconsistent with any specific provision of this Act shall not be applicable to the Nation and its members. Such laws and regulations which are not inconsistent with any specific provision of this Act shall be applicable to the Nation and its members. (b) Federal Services and Benefits.-- (1) In general.--The Nation and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Nation and its members without regard to the existence of a reservation for the Nation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.--For purposes of the delivery of Federal services to the enrolled members of the Nation, the service area shall consist of Los Angeles County and portions of Ventura and Orange Counties. Such services shall be provided notwithstanding the establishment of a reservation for the Nation after the date of enactment of this Act. Services may be provided to members outside the named service areas unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Nation and its members, which may have been abrogated or diminished before the date of the enactment of this Act, are hereby reaffirmed and restored. (b) Existing Rights of Nation.--Nothing in this Act shall be construed to diminish any right or privilege of the Nation or of its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Nation may have to enforce any right or privilege reserved by or granted to the Nation which was wrongfully denied or taken from the Nation before the date of the enactment of this Act. SEC. 6. TRIBAL MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Nation shall submit to the Secretary a membership roll consisting of all individuals currently enrolled for membership in the Nation. The qualifications for inclusion on the membership roll of the Nation shall be determined by the membership clauses in the Nation's governing document. Upon completion of the roll, the Secretary shall immediately publish notice of such in the Federal Register. The Nation shall ensure that such roll is maintained and kept current. SEC. 7. TRIBAL LANDS. The Nation's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Nation. The Secretary shall acquire real property for the Nation. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Nation and shall become part of the Nation's reservation. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purpose of adopting a new constitution for the Nation. The elections shall be held in accordance with the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476). (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Nation. (b) Officials.-- (1) Elections.--Not later than 6 months after the Nation adopts their constitution pursuant to subsection (a), the Nation shall conduct elections by secret ballot for the purpose of electing officials for the Nation as provided in the Nation's governing constitution. The elections shall be conducted according to the procedures described in the Nation's constitution. (2) Interim governments.--Until such time as the Nation elects new officials pursuant to paragraph (1), the Nation's governing bodies shall be those bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Nation. SEC. 9. JURISDICTION. The Nation shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Nation by the Secretary. The Nation shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members were residing upon a reservation, as defined in that Act.
Gabrieleno/Tongva Nation Act - Reaffirms Federal recognition of the Gabrieleno/Tongva Nation. Entitles such Nation to the Federal services and benefits provided to recognized Indians and restores all member rights and privileges which may have been abrogated or diminished before this Act's enactment. Provides for lands to be acquired and held in trust for the Nation by the Secretary of the Interior.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Enhancement Act of 2006''. TITLE I--ALIEN SMUGGLER PROSECUTION ACT SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS. (a) Findings.--The Congress finds as follows: (1) Recent experience shows that alien smuggling is flourishing, is increasingly violent, and is highly profitable. (2) Alien smuggling operations also present terrorist and criminal organizations with opportunities for smuggling their members into the United States practically at will. (3) Alien smuggling is a lucrative business. Each year, criminal organizations that smuggle or traffic in persons are estimated to generate $9,500,000,000 in revenue worldwide. (4) Alien smuggling frequently involves dangerous and inhumane conditions for smuggled aliens. Migrants are frequently abused or exploited, both during their journey and upon reaching the United States. Consequently, aliens smuggled into the United States are at significant risk of physical injury, abuse, and death. (5) Notwithstanding that alien smuggling poses a risk to the United States as a whole, uniform guidelines for the prosecution of smuggling offenses are not employed by the various United States attorneys. Understanding that border-area United States attorneys face an overwhelming workload, a lack of sufficient prosecutions by certain United States attorneys has encouraged additional smuggling, and demoralized Border Patrol officers charged with enforcing our anti-smuggling laws. (b) Sense of Congress.--It is the sense of the Congress that the Attorney General should adopt, not later than 3 months after the date of the enactment of this Act, uniform guidelines for the prosecution of smuggling offenses to be followed by each United States attorney in the United States. (c) Additional Personnel.--In each of the fiscal years 2008 through 2013, the Attorney General shall, subject to the availability of appropriations, increase by not less than 20 the number of attorneys in the offices of United States attorneys employed to prosecute cases under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as compared to the previous fiscal year. TITLE II--CRIMINAL ALIEN REMOVAL ACT SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL GROUNDS. (a) In General.--Section 238(b) of the Immigration and Nationality Act (8 U.S.C. 1228(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security in the exercise of discretion''; and (B) by striking ``set forth in this subsection or'' and inserting ``set forth in this subsection, in lieu of removal proceedings under''; (2) in paragraph (3), by striking ``paragraph (1) until 14 calendar days'' and inserting ``paragraph (1) or (3) until 7 calendar days''; (3) by striking ``Attorney General'' each place it appears in paragraphs (3) and (4) and inserting ``Secretary of Homeland Security''; (4) in paragraph (5)-- (A) by striking ``described in this section'' and inserting ``described in paragraph (1) or (2)''; and (B) by striking ``the Attorney General may grant in the Attorney General's discretion'' and inserting ``the Secretary of Homeland Security or the Attorney General may grant, in the discretion of the Secretary or Attorney General, in any proceeding''; (5) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (6) by inserting after paragraph (2) the following new paragraph: ``(3) The Secretary of Homeland Security in the exercise of discretion may determine inadmissibility under section 212(a)(2) (relating to criminal offenses) and issue an order of removal pursuant to the procedures set forth in this subsection, in lieu of removal proceedings under section 240, with respect to an alien who-- ``(A) has not been admitted or paroled; ``(B) has not been found to have a credible fear of persecution pursuant to the procedures set forth in section 235(b)(1)(B); and ``(C) is not eligible for a waiver of inadmissibility or relief from removal.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act but shall not apply to aliens who are in removal proceedings under section 240 of the Immigration and Nationality Act as of such date. TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006 SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Border tunnels and passages ``(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by the Bureau of Immigration and Customs Enforcement, shall be imprisoned for not more than 20 years. ``(b) Any person who recklessly permits the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be imprisoned for not more than 10 years. ``(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice the penalty that would have otherwise been imposed had the unlawful activity not made use of such a tunnel or passage.''. (b) Clerical Amendment.--The table of sections for chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Border tunnels and passages.''. (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United States Code, is amended by inserting ``554,'' before ``1425,''. SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 554 of title 18, United States Code, as added by section 301. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 554 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) provide adequate base offense levels for offenses under such section; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies; and (B) the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements; (4) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes; (5) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (6) ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.
Border Security Enhancement Act of 2006 - Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses. Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013. Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to determine inadmissibility based on criminal grounds under an expedited removal process for an alien who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal. Authorizes the Secretary to execute an order of removal seven days (currently, 14 days) after it's issuance. Amends the federal criminal code to prohibit the knowing construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country. Imposes a 20-year maximum prison term for such offense. Imposes a 10-year maximum prison term on any person who recklessly permits the construction or use of such a tunnel or passage on land that such person owns or controls. Doubles penalties for persons who use such a tunnel or passage to unlawfully smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization. Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage. Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of such a tunnel or passage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Recession Aid for Schools and Taxpayers Act''. SEC. 2. AUTHORIZATION OF GRANTS TO LOCAL GOVERNMENTS. (a) In General.--From the amounts appropriated under subsection (h), the Secretary of Education shall award grants to eligible local governments to fund elementary and secondary school education programs in accordance with subsection (g). (b) Number of Grants.--An eligible local government may receive-- (1) 1 grant under this Act because it has experienced at least a 15 percent decrease in property tax revenues from fiscal year 2008 to fiscal year 2009; and (2) 1 grant under this Act because it has experienced at least a 15 percent decrease in property tax revenues from fiscal year 2009 to fiscal year 2010. (c) Grant Duration.--A grant under this Act shall be awarded in accordance with the amounts described in subsection (d) for a period of not longer than 3 years. (d) Grant Amounts.-- (1) In general.--Subject to paragraph (2), a grant awarded to an eligible local government under this Act shall not exceed an amount that is equal to-- (A) in the first year of the grant period, 70 percent of the difference in the amount of property tax revenues collected by such local government from fiscal year 2008 to fiscal year 2009 or from fiscal year 2009 to fiscal year 2010, as applicable; (B) in the second year of the grant period, 50 percent of such difference; and (C) in the third year of the grant period, 25 percent of such difference. (2) Maximum amount.--A grant awarded under this Act shall not exceed a total of $40,000,000 in a 3-year grant period. (e) Application Requirements.--To qualify to receive a grant under this Act, an eligible local government shall submit an application, not later than 2 months after the end of fiscal year 2009 or fiscal year 2010, in such manner and containing such information as the Secretary of Education may require, which shall include-- (1) the difference and the percentage of decrease in the amount of property tax revenues collected by such local government from fiscal year 2008 to fiscal year 2009 or from fiscal year 2009 to fiscal year 2010, as applicable; and (2) how such local government plans to operate without the funds it receives under this Act after the 3-year grant period, including any plans to increase property taxes or reduce elementary and secondary school budgets. (f) Priority.--In awarding grants under this Act, the Secretary of Education shall give priority to eligible local governments-- (1) that have experienced the largest amount of decrease in property tax revenues collected from fiscal year 2008 to fiscal year 2009 or from fiscal year 2009 to fiscal year 2010, as applicable, in proportion to the tax base of such local government, relative to the total tax base of all eligible local governments; and (2) where the decrease in property tax revenues collected from fiscal year 2008 to fiscal year 2009 or from fiscal year 2009 to fiscal year 2010, as applicable, is attributable to the permanent or temporary shutdown or closure of an establishment of a large employer (as determined by the Secretary) or several small employers (as determined by the Secretary). (g) Required Uses of Funds.--An eligible local government receiving a grant under this Act shall only use the grant funds to fund elementary and secondary school education programs, including-- (1) programs for construction, maintenance, rehabilitation, or repair of a school facility; (2) programs to maintain the salaries of teachers or other faculty; or (3) school lunch programs or other nutrition programs that are funded by such local government. (h) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2010 through 2013. (i) Definitions.--In this Act: (1) Eligible local government.--The term ``eligible local government'' means a city, county, town, parish, village, or other general-purpose political subdivision of a State that has the authority to levy real property taxes and-- (A) has experienced at least a 15 percent decrease in property tax revenues from fiscal year 2008 to fiscal year 2009 or from fiscal year 2009 to fiscal year 2010; and (B) spend such tax funds on elementary and secondary education programs within the jurisdiction of such local government. (2) Fiscal year.--The term ``fiscal year'' has the meaning given such term under applicable State or local law. (3) Property tax revenues.--The term ``property tax revenues'' means the revenues generated by the levying of real property taxes by a local government based on the assessment of the value of real property located within the jurisdiction of such local government. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) Tax base.--The term ``tax base'' means the assessment by a local government of the total value of taxable real property located within the jurisdiction of such local government. SEC. 3. EFFECTIVE DATE. This Act shall take effect not later than November 1, 2009.
Temporary Recession Aid for Schools and Taxpayers Act - Directs the Secretary of Education to award three-year grants to local governments for elementary and secondary education programs within their jurisdiction if they experience at least a 15% decrease in property tax revenues from FY2008 to FY2009 or from FY2009 to FY2010. Allows local governments to apply for two separate grants if they experience at least a 15% decrease in property tax revenues in each of such time periods. Gives priority to local governments that experience the largest decreases in property tax revenues relative to their tax base and whose decrease is attributable to the permanent or temporary shutdown or closure of a large employer or several small employers.
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SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT LANDS. (a) Mineral Entry Under the Stock Raising Homestead Act.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock- raising homesteads, and for other purposes'' (43 U.S.C. 29), is amended by adding the following at the end thereof: ``(b) Exploration; Location of Mining Claims; Notices.-- ``(1) In general.--(A) Notwithstanding subsection (a) and any other provision of law to the contrary, after the effective date of this subsection no person other than the surface owner may enter lands subject to this Act to explore for, or to locate, a mining claim on such lands without-- ``(i) filing a notice of intention to locate a mining claim pursuant to paragraph (2); and ``(ii) providing notice to the surface owner pursuant to paragraph (3). ``(B) Any person who has complied with the requirements referred to in subparagraph (A) may, during the authorized exploration period, in order to locate a mining claim, enter lands subject to this Act to undertake mineral activities related to exploration that cause no more than a minimal disturbance of surface resources and do not involve the use of mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or the use of toxic or hazardous materials. ``(C) The authorized exploration period referred to in subparagraph (B) shall begin 30 days after notice is provided under paragraph (3) with respect to lands subject to such notice and shall end with the expiration of the 90-day period referred to in paragraph (2)(A) or any extension provided under paragraph (2). ``(2) Notice of intention to locate a mining claim.--Any person seeking to locate a mining claim on lands subject to this Act in order to engage in the mineral activities relating to exploration referred to under paragraph (1)(B) shall file with the Secretary of the Interior a notice of intention to locate a claim on the lands concerned. The notice shall be in such form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may-- ``(A) file such a notice with respect to any portions of such lands; ``(B) explore for minerals or locate a mining claim on any portion of such lands; or ``(C) file an application to acquire any interest in any portion of such lands pursuant to section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719). If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f), such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f). ``(3) Notice to surface owner.--Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this Act shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice under paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following: ``(A) A brief description of the proposed mineral activities. ``(B) A map and legal description of the lands to be subject to mineral exploration. ``(C) The name, address and phone number of the person managing such activities. ``(D) A statement of the dates on which such activities will take place. ``(4) Acreage limitations.--The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this Act in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term `affiliate' means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. ``(c) Consent.--Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)B)) on a mining claim located on lands subject to this Act without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d). ``(d) Authorized Mineral Activities.--The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on lands subject to this Act without the consent of the surface owner thereof if such person complies with the requirements of subsections (e) and (f). ``(e) Bond.--(1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation pursuant to this Act. Such bond or other financial guarantee shall ensure-- ``(A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and ``(B) payment to the surface owner of compensation for any permanent loss of income of the surface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities. ``(2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land. ``(f) Plan or Operations.--(1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this Act, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for-- ``(A) the minimization of damages to crops and tangible improvements of the surface owner; ``(B) the minimization of disruption to grazing or other uses of the land by the surface owner; and ``(C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g). ``(2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the surface owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary. ``(3)(A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this Act, including each of the following: ``(i) The proposed plan of operations is complete and accurate. ``(ii) The person submitting the proposed plan of operations has demonstrated that all other applicable Federal and State requirements have been met. ``(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this Act. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this Act, then the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision. ``(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law. ``(D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretary's own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary. ``(4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g). ``(g) Fee.--The fee referred to in subsection (f)(1) shall be-- ``(1) paid to the surface owner by the person submitting the plan of operations; ``(2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and ``(3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owner's operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land. ``(h) Reclamation.--Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. ``(i) State Law.--(1) Nothing in this Act shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this Act to the extent that such law or regulation is not inconsistent with this title. ``(2) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities. ``(j) Inspections.--Should any surface owner of land subject to this Act have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f), such surface owner may request an inspection of such lands. The Secretary shall determine within 10 days of the receipt of the request whether the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately. When an inspection is conducted under this paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection. ``(k) Damages for Failure To Comply.--(1) Whenever the surface owner of any land subject to this Act has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner, if such damages or loss result from-- ``(A) any mineral activity undertaken without the consent of the surface owner under subsection (c) or an authorization by the Secretary under subsection (d); or ``(B) the failure of the person conducting mineral activities to remedy to the satisfaction of the Secretary any substantial noncompliance with the terms and conditions of a plan under subsection (f); the surface owner may bring an action in the appropriate United States district court for, and the court may award, double damages plus costs for willful misconduct or gross negligence. ``(2) The surface owner of any land subject to this Act may also bring an action in the appropriate United States district court for double damages plus costs for willful misconduct or gross negligence against any person undertaking any mineral activities on lands subject to this Act in violation of any requirement of subsection (b). ``(3) Any double damages plus costs awarded by the court under this subsection shall be reduced by the amount of any compensation which the surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e). ``(l) Payment of Financial Guarantee.--The surface owner of any land subject to this Act may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e) as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface owner for such damages and to insure the required reclamation. ``(m) Bond Release.--The Secretary shall release the bond or other financial guarantee required under subsection (e) upon the successful completion of all requirements pursuant to a plan of operations approved under subsection (f). ``(n) Conveyance to Surface Owner.--The Secretary shall take such actions as may be necessary to simplify the procedures which must be complied with by surface owners of lands subject to this Act who apply to the Secretary to obtain title to interests in such lands owned by the United States. ``(o) Definitions.--For the purposes of subsections (b) through (n)-- ``(1) The term `mineral activities' means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term-- ``(A) the term `exploration' means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value; ``(B) the term `mining' means the processes employed for the extraction of a locatable mineral from the earth; and ``(C) the term `beneficiation' means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but not necessarily limited to, physical and chemical separation techniques. ``(2) The term `mining claim' means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section. ``(3) The term `tangible improvements' includes agricultural, residential and commercial improvements, including improvements made by residential subdividers. ``(p) Minerals Covered.--Subsections (b) through (o) of this section apply only to minerals not subject to disposition under-- ``(1) the Mineral Leasing Act (30 U.S.C. 181 and following); ``(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); or ``(3) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).''. (b) Technical Conforming Amendment.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299) is amended by inserting ``(a) General Provisions.--'' before the words ``That all entries made''. (c) Effective Date.--The amendments made by this Act shall take effect 180 days after the date of enactment. (d) Regulations.--The Secretary of the Interior shall issue final regulations to implement the amendments made by this Act not later than the effective date of this Act. Failure to promulgate these regulations by reason of any appeal or judicial review shall not delay the effective date as specified in paragraph (c). SEC. 2. REPORT TO CONGRESS ON FOREIGN MINERAL INTEREST. (a) Report.--The Secretary of the Interior is directed to submit a report to the Congress within 2 years after the date of enactment of this Act on the acquisition of mineral interests made after the date of enactment of this Act by foreign firms on lands subject to the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299). (b) Definition.--For purposes of this section, the term ``foreign firm'' means a business entity that conducts business operations in the United States and is 51 percent or more owned and controlled by a foreign person or entity. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(Sec. 1) Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner before a person may enter lands for exploration purposes or to locate a mining claim. Provides for an authorized exploration period during which exploring and locating a mining claim may be conducted with minimal surface disruption, but no road construction, use of explosives, mechanical earth moving equipment, or hazardous materials. Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's written consent unless the Secretary of the Interior (the Secretary) has authorized them according to prescribed guidelines which include posting a surety bond to insure: (1) completion of surface reclamation; (2) compensation to the surface owner for permanent damages to crops and tangible improvements; and (3) compensation for permanent loss of income by the surface owner from impaired land use. Prohibits the Secretary from authorizing any mineral activities unless a plan of operations has been submitted meeting specified criteria, including: (1) minimization of damages to crops and tangible improvements of the surface owner, and of disruption to grazing or other land use by the surface owner; and (2) payment of a fee to the surface owner, equivalent to the loss of income to the ranch operation. Directs the Secretary to submit such plan of operations for the surface owner's comments and modifications before determining whether it complies with this Act. Requires reclamation of land to return it, as contemporaneously as practicable with the conduct of mineral activities, to a condition capable of supporting the uses which it was capable of supporting before surface disturbance. Authorizes any surface owner to request an inspection if such owner has reason to believe that he may be adversely affected due to any violation of an approved plan of operations. Authorizes a surface owner to bring an action in Federal district court for damages resulting from non-compliance with this Act. Authorizes the Secretary, upon petition by the surface owner, to provide compensation for damages through payment of all or part of any bond or other financial guarantee required under this Act. (Sec. 2) Directs the Secretary to report to the Congress within two years on the acquisition of mineral interests after enactment of this Act by foreign firms on lands subject to the 1916 Stock Raising Homestead Act.
{"src": "billsum_train", "title": "To amend the Stock Raising Homestead Act to resolve certain problems regarding subsurface estates, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Preservation Act of 1993''. SEC. 2. NOTIFICATION OF CERTAIN PLANT CLOSINGS TO THE SECRETARY OF THE TREASURY; ADDITIONAL INFORMATION REQUIRED ON CERTAIN NOTICES. (a) General Rule.--Subsection (a) of section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; and'', and by inserting after paragraph (2) the following new paragraph: ``(3) to the Secretary of the Treasury if the employer or any person related to the employer (within the meaning of section 936(h)(3)(D) of the Internal Revenue Code of 1986) holds (directly or indirectly) any stock in a corporation eligible for the credit provided by section 936 of such Code.'', and (2) by adding at the end thereof the following new sentence: ``If any notice is required under paragraph (3), each notice required under paragraph (1) or (2) shall include a statement that the employer directly or indirectly holds stock in a corporation eligible for the credit provided by section 936 of the Internal Revenue Code of 1986.''. (b) Clerical Amendment.--The subsection heading for subsection (a) of such section 3 is amended by striking ``Local Governments'' and inserting ``Certain Governmental Units''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. LIMITATION ON PUERTO RICO AND POSSESSION TAX CREDIT. (a) General Rule.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end thereof the following new subsection: ``(i) Denial of Credit for Income Attributable to Runaway Plants.-- ``(1) In general.-- ``(A) Income attributable to shareholders.--The runaway plant income of a corporation electing the application of this section for any taxable year (hereinafter in this subsection referred to as the `electing corporation') shall be included on a pro rata basis in the gross income of all shareholders of such electing corporation at the close of the taxable year of such electing corporation as income from sources within the United States for the taxable year of such shareholder in which or with which the taxable year of such electing corporation ends. ``(B) Exclusion from the income of an electing corporation.--The taxable income of an electing corporation shall be reduced by the amount which is included in the gross income of a shareholder of such corporation by reason of subparagraph (A). ``(2) Foreign shareholders; shareholders not subject to tax.-- ``(A) In general.--Paragraph (1)(A) shall not apply with respect to any shareholder-- ``(i) who is not a United States person, or ``(ii) who is not subject to tax under this title on runaway plant income which would be allocated to such shareholder (but for this subparagraph). ``(B) Treatment of nonallocated runaway plant income.--For purposes of this subtitle, runaway plant income of an electing corporation which is not included in the gross income of a shareholder of such corporation by reason of subparagraph (A) shall be treated as taxable income from sources within the United States. ``(3) Exclusion of income for qualification tests.--Any gross income taken into account in determining the amount of the runaway plant income of any electing corporation shall not be taken into account for purposes of subsection (a)(2). ``(4) Runaway plant income.--For purposes of this subsection, the term `runaway plant income' means the portion of the taxable income of the electing corporation which is attributable to a disqualified facility. ``(5) Disqualified facility.--For purposes of this subsection-- ``(A) In general.--The term `disqualified facility' means any facility at which operations are commenced with respect to the electing corporation after ____________________ unless-- ``(i) the Secretary determines that operations at such facility-- ``(I) will not result in a substantial adverse effect on the level of employment at any facility in the United States operated by the electing corporation or a person related to the electing corporation, and ``(II) will not result in such an effect with respect to any other facility in the United States on account of changes in a supplier relationship to the electing corporation or a person related to the electing corporation, and ``(ii) the electing corporation files a request with the Secretary for a determination under clause (i) on or before the earlier of-- ``(I) the day 90 days after the date on which an application is submitted to the possession for tax incentives for such facility, or ``(II) the day 1 year before the date on which operations at such facility commence. The Secretary may treat a request not filed before the time required under clause (ii) as timely filed if the Secretary determines that there was reasonable cause for not filing the request before the time required. ``(B) Certain revocations required.-- ``(i) In general.--The Secretary shall revoke a determination under subparagraph (A)(i) at any time before the close of the 3- year period beginning on the date on which operations at the facility commenced if the Secretary determines that, on the basis of the facts and circumstances then known, the requirements of subparagraph (A)(i) are not satisfied. ``(ii) Misrepresentations, etc.--The Secretary shall, at any time, revoke a determination under subparagraph (A)(i) if, in connection with the request for such determination, there was a misrepresentation with respect to (or a failure to disclose) any material information by the electing corporation or a related person. ``(iii) Revocations retroactive.--If any determination is revoked under this subparagraph, this subsection (other than paragraph (8) thereof) shall be applied as if such determination had never been made. ``(C) Opportunity for public comment.--No determination may be made under subparagraph (A)(i) unless the Secretary allows an opportunity for public comment on the request for such determination. ``(6) Expansions treated as separate facilities.-- ``(A) In general.--For purposes of this subsection, any substantial increase in employment at a facility shall be treated as a separate facility at which operations are commenced with respect to the electing corporation as of the date of such increase. ``(B) Substantial increase in employment.--For purposes of subparagraph (A), there shall be deemed to be a substantial increase in employment as of any day at any facility if-- ``(i) such day is the last day of a payroll period and the average number of employees performing services at such facility during such period exceeds 110 percent of the average number of employees performing services at such facility during the corresponding payroll period in the preceding calendar year, or ``(ii) there is an expansion in such facility or the operations at such facility with respect to which a separate or supplemental application or other request relating to tax incentives for such expansion is made to governmental authorities of the possession. Appropriate adjustments in the application of clause (i) shall be made in the case of employees not performing services on a full-time basis. ``(7) Special rules.-- ``(A) Distributions to meet qualification standards.--Rules similar to the rules of subsection (h)(4) shall apply for purposes of this subsection. ``(B) Related person.--For purposes of this subsection, the rules of subparagraphs (D) and (E) of subsection (h)(3) shall apply in determining whether any person is related to the electing corporation. ``(8) Public disclosure.-- ``(A) Publication in federal register.--The Secretary shall publish in the Federal Register-- ``(i) a notification of each request for a determination under paragraph (5)(A)(i), and ``(ii) a notification of the Secretary's determination in the case of each such request. ``(B) Public inspection of determination.-- ``(i) In general.--Notwithstanding section 6103, the text of any determination made by the Secretary under paragraph (5)(A)(i) and any background file document relating to such determination shall be open to public inspection at such place as the Secretary may prescribe. ``(ii) Exemptions from disclosure.--Rules similar to the rules of section 6110(c) (other than paragraph (1) thereof) shall apply for purposes of clause (i). ``(iii) Background file document.--For purposes of this subparagraph, the term `background file document' has the meaning given such term by section 6110(b)(2) determined by treating the determination under paragraph (2) as a written determination.'' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after __________________________. (2) Time for filing request.--The time for filing a request under section 936(i)(5)(A)(ii) of the Internal Revenue Code of 1986 (as added by this section) shall in no event expire before the date 90 days after the date of the enactment of this Act.
Jobs Preservation Act of 1993 - Amends the Worker Adjustment and Retraining Notification Act to require notification of certain plant closings to the Secretary of the Treasury if the employer or a related person holds stock in a corporation eligible for the Puerto Rico and possession tax credit. Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit in cases of runaway plants.
{"src": "billsum_train", "title": "Jobs Preservation Act of 1993"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sequoia-Kings Canyon National Park Wilderness Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of California. SEC. 3. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) John krebs wilderness.-- (A) Designation.--Certain land in Sequoia-Kings Canyon National Park, comprising approximately 69,500 acres of land, as generally depicted on the map entitled ``John Krebs Wilderness Proposal-Hockett Plateau/Mineral King'' and dated July 2007 and the map entitled ``John Krebs Wilderness Proposal-Enlargement of Mineral King Area'' and dated May 2007, to be known as the ``John Krebs Wilderness''. (B) Limitations.--The designation of the wilderness under subparagraph (A) does not-- (i) preclude operation and maintenance of the existing Hockett Meadow Cabin and Quinn Patrol Cabin in the same manner and degree in which the cabins were operated and maintained on the day before the date of enactment of this Act; or (ii) prohibit the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. (C) Effect.--Nothing in this paragraph affects-- (i) the cabins in, and adjacent to, Mineral King Valley; or (ii) the private inholdings known as ``Silver City'' and ``Kaweah Han''. (2) Sequoia-kings canyon national park wilderness addition.--Certain land in the North Fork/Redwood Canyon, California, comprising approximately 43,450 acres, and certain land in Chimney Rock, California, comprising approximately 1,736 acres, as generally depicted on the map entitled ``Redwood Canyon/North Fork/Chimney Rock Wilderness Proposal'' and dated June 2007, is incorporated in, and shall be considered to be a part of, the Sequoia-Kings Canyon National Park Wilderness. SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. (a) In General.--Subject to valid existing rights, each area designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. (b) Map and Legal Description.-- (1) Submission of map and legal description.--As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall file a map and legal description of each area designated as wilderness by this Act with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force and effect.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical error in the map or legal description. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary. (c) Hydrologic, Meteorologic, and Climatological Devices, Facilities, and Associated Equipment.--Nothing in this Act-- (1) prevents the installation and maintenance of, or if nonmotorized access is not reasonably available or time is of the essence, limited motorized access to, hydrologic, meteorologic, or climatological devices or facilities and communication equipment associated with the devices, if the devices, facilities, or equipment are essential to flood warning, flood control, water supply forecasting, or reservoir operation purposes; or (2) precludes or restricts the use of utility helicopters for inspection or surveillance of utility facilities in the vicinity of an area designated as wilderness by this Act. (d) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around an area designated as wilderness by this Act. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from within an area designated as wilderness by this Act shall not preclude the conduct of the activity or use outside the boundary of the wilderness. (e) Horseback Riding.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Sequoia-Kings Canyon National Park Wilderness Act of 2007 - Designates the following areas in California as wilderness areas and as components of the National Wilderness Preservation System: (1) certain land in Sequoia-Kings Canyon National Park, which shall be known as the John Krebs Wilderness; and (2) certain land in the North Fork/Redwood Canyon, which shall be considered to be a part of the Sequoia-Kings Canyon National Park Wilderness.
{"src": "billsum_train", "title": "A bill to designate the John Krebs Wilderness in the State of California, to add certain land to the Sequoia-Kings Canyon National Park Wilderness, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer-Support Specialist Act of 2017''. SEC. 2. REPORT ON BEST PRACTICES FOR PEER-SUPPORT SPECIALIST PROGRAMS, TRAINING, AND CERTIFICATION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress and make publicly available a report on best practices and professional standards in States for-- (1) establishing and operating health care programs using peer-support specialists; and (2) training and certifying peer-support specialists. (b) Peer-Support Specialist Defined.--In this subsection, the term ``peer-support specialist'' means an individual who-- (1)(A) uses his or her lived experience of recovery from mental illness or a substance use disorder, plus skills learned in formal training, to facilitate support groups, and to work on a one-on-one basis, with individuals with a serious mental illness or a substance use disorder; (B) has benefitted or is benefitting from mental health or substance use treatment services or supports; (C) provides non-medical services; and (D) performs services only within his or her area of training, expertise, competence, or scope of practice; (2)(A) uses his or her lived experience as the parent or caregiver of an individual with mental illness or a substance use disorder, plus skills learned in formal training, to facilitate support groups, and to work on a one-on-one basis, with individuals with a serious mental illness or a substance use disorder; (B) provides non-medical services; and (C) performs services only within his or her area of training, expertise, competence, or scope of practice; or (3) otherwise meets criteria specified by the Secretary of Health and Human Services for defining a peer-support specialist. (c) Contents.--The report under this subsection shall include information on best practices and standards with regard to the following: (1) Hours of formal work or volunteer experience related to mental health and substance use issues. (2) Types of peer support specialists used by different health care programs. (3) Types of peer specialist exams required. (4) Code of ethics. (5) Additional training required prior to certification, including in areas such as-- (A) ethics; (B) scope of practice; (C) crisis intervention; (D) State confidentiality laws; (E) Federal privacy protections, including under the Health Insurance Portability and Accountability Act of 1996; and (F) other areas as determined by the Secretary of Health and Human Services. (6) Requirements to explain what, where, when, and how to accurately complete all required documentation activities. (7) Required or recommended skill sets, such as knowledge of-- (A) risk indicators, including individual stressors, triggers, and indicators of escalating symptoms; (B) basic de-escalation techniques; (C) basic suicide prevention concepts and techniques; (D) identifying and responding to trauma; (E) stages of change or recovery; (F) the typical process that should be followed to access or participate in community mental health and related services; (G) effectively working in care teams and facilitating the coordination of services; and (H) supporting individuals in meeting the consumer's recovery goals. (8) Requirements for continuing education. SEC. 3. PEER PROFESSIONAL WORKFORCE DEVELOPMENT GRANT PROGRAM. (a) In General.--For the purposes described in subsection (b), the Secretary of Health and Human Services shall award grants to develop and sustain behavioral health paraprofessional training and education programs, including through tuition support. (b) Purposes.--The purposes of grants under this section are-- (1) to increase the number of behavioral health paraprofessionals, including trained peers, recovery coaches, mental health and addiction specialists, prevention specialists, and pre-masters-level addiction counselors; and (2) to help communities develop the infrastructure to train and certify peers as behavioral health paraprofessionals, including necessary internship hours for credentialing. (c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a community college, training or credentialing program, or other entity the Secretary of Health and Human Services deems appropriate. (d) Geographic Distribution.--In awarding grants under this section, the Secretary of Health and Human Services shall seek to achieve an appropriate national balance in the geographic distribution of such awards. (e) Special Consideration.--In awarding grants under this section, the Secretary of Health and Human Services may give special consideration to proposed and existing programs targeting peer professionals serving youth ages 16 to 25. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2018 through 2022.
Peer-Support Specialist Act of 2017 This bill requires the Department of Health and Human Services (HHS) to award grants to eligible entities to develop and sustain behavioral health paraprofessional training and education programs, including through tuition support.  Eligible entities are community colleges, training or credentialing programs, and other entities deemed appropriate by HHS. HHS must report on and publish best practices and professional standards in states for: (1) establishing and operating health care programs using peer-support specialists, and (2) training and certifying peer-support specialists.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Beverage Container Reuse and Recycling Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The failure to reuse and recycle empty beverage containers represents a significant and unnecessary waste of important national energy and material resources. (2) The littering of empty beverage containers constitutes a public nuisance, safety hazard, and aesthetic blight and imposes on public agencies, private businesses, farmers, and landowners unnecessary costs for the collection and removal of the containers. (3) Solid waste resulting from the empty beverage containers constitutes a significant proportion of municipal solid waste and increases the cost and problems of effectively managing the disposal of the waste. (4) It is difficult for local communities to raise the necessary capital to sustain affordable curbside recycling programs. (5) The reuse and recycling of empty beverage containers would help eliminate unnecessary burdens on individuals, State and local governments, and the environment. (6) Making new beverage containers from virgin resources uses more energy than using recycled materials. (7) Several States have previously enacted and implemented State laws designed to protect the environment, conserve energy and material resources, and promote resource recovery of waste by requiring a financial incentive in the form of a refund value on the sale of all beverage containers. (8) The laws referred to in paragraph (7) have proven inexpensive to administer and effective at reducing financial burdens on communities by internalizing the cost of recycling and litter control to the producers and consumers of beverages. (9) A national system for requiring a refund value on the sale of all beverage containers would act as a positive incentive to individuals to clean up the environment and would-- (A) result in a high level of reuse and recycling of the containers; (B) help reduce the costs associated with solid waste management; and (C) result in significant energy conservation and resource recovery. (10) The collection of unclaimed refunds from a national system of beverage container recycling would provide the resources necessary to assist comprehensive reuse and recycling programs throughout the United States. (11) Recycling beverage containers creates sustainable business and employment. (12) A national system of beverage container recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 3. BEVERAGE CONTAINER RECYCLING. (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``SEC. 12001. DEFINITIONS. ``In this subtitle: ``(1) Beverage.--The term `beverage' means beer or other malt beverages, water, juice, juice drinks, tea, coffee, sports drinks, soda water, wine coolers, or carbonated soft drinks of any variety in liquid form intended for human consumption. ``(2) Beverage container.--The term `beverage container' means a container-- ``(A) constructed of metal, glass, or plastic (or a combination of the materials); ``(B) having a capacity of up to 1 gallon of liquid; and ``(C) that is or has been sealed and used to contain a beverage for sale in interstate commerce. ``(3) Beverage distributor.--The term `beverage distributor' means a person who sells or offers for sale in interstate commerce to beverage retailers beverages in beverage containers for resale. ``(4) Beverage retailer.-- ``(A) In general.--The term `beverage retailer' means a person who-- ``(i) purchases from a beverage distributor beverages in beverage containers for sale to a consumer; or ``(ii) sells or offers to sell in commerce beverages in beverage containers to a consumer. ``(B) Beverage vending machines.--The Administrator shall promulgate regulations that define `beverage retailer' for any case in which a beverage in a beverage container is sold to a consumer through a beverage vending machine. ``(5) Consumer.--The term `consumer' means a person who purchases a beverage container for any use other than resale. ``(6) Refund value.--The term `refund value' means the amount specified as the refund value of a beverage container under section 12002. ``(7) Unbroken beverage container.--The term `unbroken beverage container' includes-- ``(A) a beverage container opened in a manner in which the container was designed to be opened; and ``(B) a beverage container made of metal or plastic that is compressed if the statement of the amount of the refund value of the container is still readable. ``(8) Wine cooler.--The term `wine cooler' means a drink containing less than 7 percent alcohol (by volume)-- ``(A) consisting of wine and plain, sparkling, or carbonated water; and ``(B) containing a non-alcoholic beverage, flavoring, coloring material, fruit juice, fruit adjunct, sugar, carbon dioxide, or preservatives (or any combination thereof). ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. ``(a) In General.--Except as provided in section 12007, no beverage distributor or beverage retailer may sell or offer for sale in interstate commerce a beverage in a beverage container unless there is clearly, prominently, and securely affixed to, or printed on, the container a statement of the refund value of the container in the amount of 10 cents (as adjusted under subsection (c)). ``(b) Size and Location of Statement.--The Administrator shall promulgate regulations establishing uniform standards for the size and location of the refund value statement on beverage containers. ``(c) Adjustments of Refund Value.-- ``(1) In general.--The Administrator shall adjust the amount of the refund value of the container under subsection (a)-- ``(A) on the date that is 10 years after the date of enactment of this subtitle, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the date of enactment of this subtitle; and ``(B) on the date that is 10 years after the initial adjustment made under paragraph (1), and each 10 years thereafter, to reflect changes in the Consumer Price Index for all-urban consumers published by the Department of Labor since the most recent adjustment. ``(2) Rounding.--The Administrator shall round any adjustment under paragraph (1) to the nearest 5 cent increment. ``SEC. 12003. COLLECTION OF REFUND VALUE. ``(a) Collection From Retailers by Distributors.--In the case of each beverage in a beverage container sold in interstate commerce to a beverage retailer by a beverage distributor, the distributor shall collect from the retailer the amount of the refund value shown on the container. ``(b) Collection From Consumers by Retailers.--In the case of each beverage in a beverage container sold in interstate commerce to a consumer by a beverage retailer, the retailer shall collect from the consumer the amount of the refund value shown on the container. ``(c) Other Collections.--No person other than a person described in subsection (a) or (b) may collect a deposit on a beverage container. ``SEC. 12004. RETURN OF REFUND VALUE. ``(a) Payment by Retailer.--If a person tenders for refund an empty and unbroken beverage container to a beverage retailer who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the retailer shall promptly pay the person the amount of the refund value stated on the container. ``(b) Payment by Distributor.-- ``(1) In general.--If a person tenders for refund an empty and unbroken beverage container to a beverage distributor who sells (or has sold at any time during the 90-day period ending on the date of tender) the same brand of beverage in the same kind and size of container, the distributor shall promptly pay the person-- ``(A) the amount of the refund value stated on the container; plus ``(B) an amount equal to at least 2 cents per container to help defray the cost of handling. ``(2) Tendering beverage containers to other persons.--This subsection shall not preclude any person from tendering a beverage container to a person other than a beverage distributor. ``(c) Agreements.-- ``(1) In general.--Nothing in this subtitle precludes an agreement between a distributor, a retailer, or other person to establish a centralized beverage collection center, including a center that acts as an agent of the retailer. ``(2) Agreement for crushing or bundling.--Nothing in this subtitle precludes an agreement between a beverage retailer, a beverage distributor, or other person for the crushing or bundling (or both) of beverage containers. ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE RECYCLING FUNDS. ``(a) Unclaimed Refunds.-- ``(1) Payments to states.--At the end of each calendar year, each beverage distributor shall pay to each State an amount equal to the sum by which the total refund value of all containers sold by the distributor for resale in that State during the year exceeds the total sum paid during that year by the distributor under section 12004(b) to persons in the State. ``(2) Use by states.--The total amount of unclaimed refunds received by any State under this section shall be available to carry out pollution prevention and recycling programs in the State. ``(b) Refunds in Excess of Collections.--If the total amount of payments made by a beverage distributor for any calendar year under section 12004(b) for any State exceeds the total amount of the refund values of all containers sold by the distributor for resale in the State, the excess shall be credited against the amount otherwise required to be paid by the distributor to that State under subsection (a) for a subsequent calendar year, designated by the beverage distributor. ``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION DISPOSAL. ``(a) Detachable Openings.--No beverage distributor or beverage retailer may sell, or offer for sale, in interstate commerce a beverage in a metal beverage container a part of which is designed to be detached in order to open the container. ``(b) Post-Redemption Disposal.--No retailer or distributor or agent of a retailer or distributor may dispose of any beverage container labeled pursuant to section 12002 or any metal, glass, or plastic from the beverage container (other than the top or other seal of the container) in any landfill or other solid waste disposal facility. ``SEC. 12007. EXEMPTED STATES. ``(a) In General.-- ``(1) Exemption.--Sections 12002 through 12005 and sections 12008 and 12009 shall not apply in any State that-- ``(A) has adopted and implemented requirements applicable to all beverage containers sold in the State if the Administrator determines the requirements to be substantially similar to the requirements of sections 12002 through 12005 and sections 12008 and 12009; or ``(B) demonstrates to the Administrator that, for any 1-year period following the date of enactment of this subtitle, the State achieved a recycling or reuse rate for beverage containers of at least 80 percent. ``(2) Termination of exemption.--If (following a determination by the Administrator under paragraph (1)(B) that a State has achieved an 80 percent recycling or reuse rate) the Administrator determines that the State has failed, for any 1- year period, to maintain at least an 80 percent recycling or reuse rate of beverage containers, the Administrator shall notify the State that, on the expiration of the 90-day period following the notification, sections 12002 through 12005 and sections 12008 and 12009 shall apply with respect to the State until a subsequent determination is made under paragraph (1)(A) or a demonstration is made under paragraph (1)(B). ``(b) Determination of Tax.--No State or political subdivision of a State that imposes a tax on the sale of any beverage container may impose a tax on any amount attributable to the refund value of the container. ``(c) Effect on Other Laws.--Nothing in this subtitle affects the authority of any State or political subdivision of a State-- ``(1) to enact or enforce (or continue in effect) any law concerning a refund value on containers other than beverage containers; or ``(2) to regulate redemption and other centers that purchase empty beverage containers from beverage retailers, consumers, or other persons. ``SEC. 12008. PENALTIES. ``(a) In General.--A person who violates section 12002, 12003, 12004, or 12006 shall be subject to a civil penalty of not more than $1,000 for each violation. ``(b) Accounting for Unclaimed Refunds and Provisions for State Recycling Funds.--A person who violates section 12005 shall be subject to a civil penalty of not more than $10,000 for each violation. ``SEC. 12009. REGULATIONS. ``Not later than 1 year after the date of enactment of this subtitle, the Administrator shall promulgate regulations to carry out this subtitle. ``SEC. 12010. EFFECTIVE DATE. ``Except as provided in section 12009, this subtitle takes effect on the date that is 2 years after the date of enactment of this subtitle.''. (b) Table of Contents.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the following: ``Subtitle K--Beverage Container Recycling ``Sec. 12001. Definitions. ``Sec. 12002. Required beverage container labeling. ``Sec. 12003. Collection of refund value. ``Sec. 12004. Return of refund value. ``Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds. ``Sec. 12006. Prohibitions on detachable openings and post-redemption disposal. ``Sec. 12007. Exempted States. ``Sec. 12008. Penalties. ``Sec. 12009. Regulations. ``Sec. 12010. Effective date.''.
National Beverage Container Reuse and Recycling Act of 2001 - Amends the Solid Waste Disposal Act to prohibit the sale of certain beverages unless the containers carry a refund value of ten cents.Makes unclaimed refunds (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in a State) available to a State for carrying out pollution prevention and recycling programs.Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities.Makes this Act inapplicable to States that have adopted requirements similar to those under this Act or that have demonstrated a recycling or reuse rate for beverage containers of at least 80 percent.Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value.
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SECTION 1. LEVELS OF PARTICIPATION. Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended-- (1) in paragraph (i) by striking ``$100,000'' and inserting ``$150,000''; and (2) in paragraph (ii) by striking ``$100,000'' and inserting ``$150,000''. SEC. 2. LOAN AMOUNTS. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$750,000,'' and inserting, ``$1,000,000 (or if the gross loan amount would exceed $2,000,000),''. SEC. 3. INTEREST ON DEFAULTED LOANS. Subparagraph (B) of section 7(a)(4) of the Small Business Act (15 U.S.C. 636(a)(4)) is amended by adding at the end the following: ``(iii) Applicability.--Clauses (i) and (ii) shall not apply to loans made on or after October 1, 1999.''. SEC. 4. PREPAYMENT OF LOANS. (a) In General.--Section 7(a)(4) of the Small Business Act (15 U.S.C. 636(a)(4)) is amended-- (1) by striking ``(4) Interest rates and fees.--'' and inserting ``(4) Interest rates and prepayment charges.--''; and (2) by adding at the end the following: ``(C) Prepayment charges.-- ``(i) In general.--A borrower who prepays any loan guaranteed under this subsection shall remit to the Administration a subsidy recoupment fee calculated in accordance with clause (ii) if-- ``(I) the loan is for a term of not less than 15 years; ``(II) the prepayment is voluntary; ``(III) the amount of prepayment in any calendar year is more than 25 percent of the outstanding balance of the loan; and ``(IV) the prepayment is made within the first 3 years after disbursement of the loan proceeds. ``(ii) Subsidy recoupment fee.--The subsidy recoupment fee charged under clause (i) shall be-- ``(I) 5 percent of the amount of prepayment, if the borrower prepays during the first year after disbursement; ``(II) 3 percent of the amount of prepayment, if the borrower prepays during the second year after disbursement; and ``(III) 1 percent of the amount of prepayment, if the borrower prepays during the third year after disbursement.''. SEC. 5. GUARANTEE FEES. Section 7(a)(18)(B) of the Small Business Act (15 U.S.C. 636(a)(18)(B)) is amended to read as follows: ``(B) Exception for certain loans.-- ``(i) In general.--Notwithstanding subparagraph (A), if the total deferred participation share of a loan guaranteed under this subsection is less than or equal to $120,000, the guarantee fee collected under subparagraph (A) shall be in an amount equal to 2 percent of the total deferred participation share of the loan. ``(ii) Retention of fees.--Lenders participating in the programs established under this subsection may retain not more than 25 percent of the fee collected in accordance with this subparagraph with respect to any loan not exceeding $150,000 in gross loan amount.''. SEC. 6. LEASE TERMS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is further amended by adding at the end the following: ``(28) Leasing.--In addition to such other lease arrangements as may be authorized by the Administration, a borrower may permanently lease to one or more tenants not more than 20 percent of any property constructed with the proceeds of a loan guaranteed under this subsection, if the borrower permanently occupies and uses not less than 60 percent of the total business space in the property.''. Passed the House of Representatives August 2, 1999. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.
Amends the Small Business Act to authorize the Small Business Administration (SBA) to guarantee a general business loan made by a bank or other financial institution to a small business in the amount of: (1) 75 percent of the outstanding balance of such loan, if such balance exceeds $150,000 (currently $100,000); and (2) 80 percent of the outstanding balance of less than $150,000 (also currently $100,000). Prohibits any such loan from being made to a borrower if the total amount outstanding and committed to the borrower from the business loan and SBA investment funds would exceed $1 million (currently $750,000). Makes current provisions requiring the payment of accrued interest on defaulted guaranteed loans inapplicable to loans made on or after October 1, 1999. Requires a borrower who prepays any loan guaranteed by the SBA to remit to the SBA a subsidy recoupment fee (calculated under this Act) if: (1) the loan is for a period of less than 15 years; (2) the prepayment is voluntary; (3) the amount of prepayment in any calendar year is more than 25 percent of the outstanding loan balance; and (4) the prepayment is made within the first three years after disbursement of the loan proceeds. Revises loan guarantee fee amounts. Authorizes lenders participating in an SBA program to retain no more than 25 percent of such fee with respect to any loan not exceeding $150,000. Authorizes a borrower to permanently lease to one or more tenants not more than 20 percent of any property constructed using guaranteed loan proceeds, as long as the borrower permanently occupies and uses not less than 60 percent of the total business space in the property.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Reauthorization Act of 2014''. SEC. 2. CDC PROGRAMS FOR PREVENTION AND SURVEILLANCE OF TRAUMATIC BRAIN INJURY. (a) Prevention.--Section 393B(b)(3) of the Public Health Service Act (42 U.S.C. 280b-1c(b)(3)) is amended by striking ``health-status goals for 2010, commonly referred to as Healthy People 2010'' and inserting ``health-status goals for 2020, commonly referred to as Healthy People 2020''. (b) Surveillance.--Subsection (b) of section 393C of the Public Health Service Act (42 U.S.C. 280b-1d) is amended-- (1) by striking ``(b) Not later than'' and inserting the following: ``(b) Reports.-- ``(1) Initial report.--Not later than''; and (2) by adding at the end the following: ``(2) Subsequent report.--Not later than 24 months after the date of enactment of the Traumatic Brain Injury Reauthorization Act of 2014, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health and in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit to the relevant committees of Congress a report that-- ``(A) identifies which recommendations in the report under paragraph (1) have been adopted and which recommendations in such report have not been adopted; and ``(B) includes a description of planned activities to address each recommendation in such report that has not been adopted.''. (c) Funding.--Section 394A of the Public Health Service Act (42 U.S.C. 280b-3) is amended-- (1) by striking ``and'' after ``1994,''; (2) by striking the second period at the end; and (3) by adding at the end the following: ``Of the amounts made available to carry out this part for each of fiscal years 2015 through 2019, there is authorized to be appropriated $6,100,000 to carry out sections 393B and 393C.''. SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY. Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in subsection (a), by striking ``, acting through the Administrator of the Health Resources and Services Administration,''; (2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f), by striking ``brain injury'' and inserting ``traumatic brain injury''; (3) in subsection (h), by striking the comma after ``under this section'' and inserting a comma before ``including''; and (4) by amending subsection (j) to read as follows: ``(j) Authorization of Appropriations.--For carrying out this section and section 1253, there is authorized to be appropriated $9,760,000 for each of fiscal years 2015 through 2019.''. SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES. Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended-- (1) in subsection (a), by striking ``, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Administrator'),''; (2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and (j)(1), by striking ``Administrator'' each place it appears and inserting ``Secretary''; (3) in subsection (h)-- (A) by striking the subsection heading and inserting ``Reporting''; (B) by striking ``Each protection and advocacy system'' and inserting the following: ``(1) Reports by systems.--Each protection and advocacy system''; and (C) by adding at the end the following: ``(2) Report by secretary.--Not later than 1 year after the date of enactment of the Traumatic Brain Injury Reauthorization Act of 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing the services and activities carried out under this section during the period for which the report is being prepared.''. (4) in subsection (i)-- (A) by striking ``Administrator of the Health Resources and Services Administration'' and inserting ``Secretary''; and (B) by striking ``by the Administrator'' and inserting ``by the Secretary''; (5) in subsection (k), by striking ``subtitle C'' and inserting ``subtitle C of title I''; (6) by striking subsection (l) (relating to authorization of appropriations); and (7) by redesignating subsection (m) as subsection (l). Passed the House of Representatives June 24, 2014. Attest: KAREN L. HAAS, Clerk.
Traumatic Brain Injury Reauthorization Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to report to Congress on recommendations (made pursuant to an earlier report) concerning improvements in the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in individuals who were formerly in the military, identifying recommendations that have been adopted and describing activities planned to address those that were not adopted. Authorizes appropriations through FY2019 for: (1) Centers for Disease Control and Prevention (CDC) projects to reduce the incidence of traumatic brain injury, and (2) traumatic brain injury surveillance systems or registries. Authorizes appropriations through FY2019 for the programs of grants to: (1) states and American Indian consortia for projects to improve access to rehabilitation and other services regarding traumatic brain injury, and (2) protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury. Removes the Administrator of the Health Resources and Services Administration as agent for the Secretary in administering these programs. Vests responsibility for administering the programs solely in the Secretary. Requires the Secretary to report to Congress not later than one year after enactment of this Act on the services and activities of the protection and advocacy systems.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Budget Presentation Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission which will submit findings and recommendations to provide a more effective presentation of capital and operating expenses of the United States Government. SEC. 3. FINDINGS. The Congress finds the following: (1) The Federal Government does not take a comprehensive look at capital investment programs across agency and program lines to see how they fit into a national strategy for maintaining and improving the Nation's public facilities. (2) Both the executive branch and the Congress tend to set priorities for physical capital investment program-by-program. There is no consistent basis for setting priorities among projects and programs, and there is no framework in which to identify those having similar objectives and those that are at cross-purposes. (3) This program- and project-orientation makes planning for public facilities vulnerable to short-term factors, thus impairing the stability and predictability needed for an efficient capital investment program. (4) A separate capital budget would establish a useful planning process because it would focus on long-term projects, costs, and benefits. SEC. 4. COMMISSION ON THE PRESENTATION OF THE BUDGET OF THE UNITED STATES. (a) Establishment.--To carry out the purpose of section 2, there is established the Commission on the Presentation of the Budget of the United States (hereinafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of the following 9 members: (1) The Deputy Director of the Office of Management and Budget, who shall act as Chairman of the Commission. (2) The Comptroller General of the United States, or his or her delegate. (3) The Director of the Congressional Budget Office, or his or her delegate. (4) Two members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the minority leader of the House. (5) Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the minority leader of the Senate. (6) Two executive branch officials appointed by the President, who-- (A) are not employed in the Executive Office of the President; (B) hold positions at or above level III of the Executive Schedule; and (C) have substantial responsibilities for formulating, presenting, and implementing executive budgets. (c) Completion of Appointments.--Appointment of the members of the Commission shall be completed within 30 days after the effective date of this Act. (d) Vacancies.--Any vacancy in the membership of the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (e) Compensation.--Members of the Commission shall not receive compensation for their service on the Commission, but shall be reimbursed by the Federal organization in which they are employed for travel, subsistence, and other necessary expenses incurred in the performance of their duties on the Commission. SEC. 5. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) study and investigate the manner in which all departments, agencies, independent establishments, and instrumentalities of the United States Government participate in the formulation and presentation of the United States Budget; and (2) make such recommendations as the members of the Commission consider appropriate to provide improved governmental processes in the formulation, presentation, and implementation of the United States Budget with respect to-- (A) the ability of the United States Budget to distinguish between capital activities and operating activities, and between operating funds and trust funds, to identify the resources needed to meet the Government's needs; (B) improved procedures among departments, agencies, independent establishments, and instrumentalities of the United States Government to provide improved coordination and control with respect to the formulation, presentation, and implementation of the United States Budget; and (C) more effective arrangements between the executive branch and the Congress, which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities. (c) Report.--The Commission shall submit a comprehensive report to the President and the Congress by not later than 7 months after the effective date of this Act, containing the findings and recommendations of the Commission. Such recommendations may include proposed legislation and administrative actions the Commission considers appropriate. SEC. 6. POWERS OF THE COMMISSION. (a) Meetings.--(1) The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as the Commission may consider advisable. (2) Five members of the Commission shall constitute a quorum, except that a lesser number may hold hearings. (b) Obtaining Information, Etc.--The Commission may request from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality shall, to the extent not otherwise prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. SEC. 7. STAFF OF THE COMMISSION. The individual Commission members shall obtain staff support from their respective employing organizations. SEC. 8. TERMINATION. The Commission shall cease to exist on the 30th day after the date on which it submits its report under section 5(c).
Improved Budget Presentation Act - Establishes the Commission on the Presentation of the Budget of the United States to study and report to the President and the Congress on recommendations to provide improved governmental processes in the formulation, presentation, and implementation of the Federal budget with respect to: (1) the ability of the budget to distinguish between capital and operating activities, and between operating and trust funds, to identify the resources needed to meet the Government's needs; (2) improved procedures among Federal departments, agencies, independent establishments, and instrumentalities to provide improved coordination and control with respect to the budget; and (3) more effective arrangements between the executive branch and the Congress which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Greyhound Racing Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that the States should have the primary responsibility for determining what forms of greyhound racing may legally take place within their borders. (b) Policy.--It is the policy of the Congress in this Act to regulate interstate commerce in order to further greyhound racing in the United States. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``concurrently operating tracks'' means racing associations conducting parimutuel greyhound racing at the same time of day (afternoon against afternoon; nighttime against nighttime) as the racing association conducting the greyhound racing which is the subject of an interstate off-track wager; (2) the term ``dark days'' means those days when racing of the same type does not occur in an off-track State within 60 miles of an off-track betting office during a race meeting, including a dark weekday when such racing association or associations run on Sunday and days when a racing program is scheduled but does not take place or cannot be completed due to weather, strikes, and other factors not within the control of the off-track betting system; (3) the term ``greyhound owners' group'' means, with reference to the applicable host racing association, the group which represents the majority of owners of greyhounds racing in races subject to the interstate off-track wager on any racing day; (4) the term ``host racing association'' means any person who, pursuant to a license or other permission granted by the host State, conducts the greyhound race subject to an interstate wager; (5) the term ``host racing commission'' means that person designated by State statute or, in the absence of statute, by regulation with jurisdiction to regulate the conduct of racing within the host State; (6) the term ``host State'' means the State in which the greyhound race subject to an interstate wager takes place; (7) the term ``interstate off-track wager'' means a legal wager placed or accepted in one State with respect to the outcome of a greyhound race taking place in another State; (8) the term ``off-track betting office'' means any location within an off-track State at which off-track wagers are accepted; (9) the term ``off-track betting system'' means any group which is in the business of accepting wagers on greyhound races at locations other than the place where the greyhound race is run, which business is conducted by the State or licensed or otherwise permitted by State law; (10) the term ``off-track racing commission'' means that person designated by State statute or, in the absence of statute, by regulation with jurisdiction to regulate ``off- track'' betting in that State; (11) the term ``off-track State'' means the State in which an interstate off-track wager is accepted; (12) the term ``on-track wager'' means a wager with respect to the outcome of a greyhound race which is placed at the racetrack at which such greyhound race takes place; (13) the term ``parimutuel'' means any system whereby wagers with respect to the outcome of a greyhound race are placed with, or in, a wagering pool conducted by a person licensed or otherwise permitted to do so under State law, and in which the participants are wagering with each other and not against the operator; (14) the term ``person'' means any individual, association, partnership, joint venture, corporation, State or political subdivision thereof, department, agency, or instrumentality of a State or political subdivision thereof, or any other organization or entity; (15) the term ``race meeting'' means those scheduled days during the year a racing association is granted permission by the appropriate State racing commission to conduct greyhound racing; (16) the term ``race day'' means a full program of races at a specified racing association on a specified day; (17) the term ``regular contractual process'' means those negotiations by which the applicable greyhound owners' group and host racing association reach agreements on issues regarding the conduct of greyhound racing by the greyhound owners' group at the racing association; (18) the term ``special event'' means the specific individual greyhound race which is deemed by the off-track betting system to be of sufficient national significance and interest to warrant interstate off-track wagering on that event or events; (19) the term ``State'' means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (20) the term ``takeout'' means that portion of a wager which is deducted from or not included in the parimutuel pool, and which is distributed to persons other than those placing wagers; (21) the term ``terms and conditions'' includes the percentage which is paid by the off-track betting system to the host racing association, the percentage which is paid by the host racing association to the greyhound owners' group, as well as any arrangements as to the exclusivity between the host racing association and the off-track betting system; and (22) the term ``year'' means calendar year. SEC. 4. PROHIBITION. No person may accept an interstate off-track wager except as provided in this Act. SEC. 5. REGULATION. (a) In General.--An interstate off-track wager may be accepted by an off-track betting system only if consent is obtained from-- (1) the host racing association, except that as a condition precedent to such consent, such racing association (except a not-for-profit racing association in a State where the distribution of off-track betting revenues in that State is set forth by law) shall have a written agreement with the greyhound owners' group, under which such racing association may give such consent, setting forth the terms and conditions relating thereto, except that where the host racing association has a contract with a greyhound owners' group on the date of enactment of this Act which contains no provisions referring to interstate off-track betting, the terms and conditions of such then-existing contract shall be deemed to apply to the interstate off-track wagers and no additional written agreement need be entered into unless the parties to such then-existing contract agree otherwise. Where such provisions exist in such existing contract, such contract shall govern. Where written consents exist on the date of enactment of this Act between an off-track betting system and the host racing association providing for interstate off-track wagers, or such written consents are executed by these parties prior to the expiration of such then-existing contract, upon the expiration of such then-existing contract the written agreement of such greyhound owners' group shall thereafter be required as such condition precedent and as a part of the regular contractual process, and may not be withdrawn or varied except in the regular contractual process. Where no such written consent exists, and where such written agreement occurs at a racing association which has a regular contractual process with such greyhound owners' group, such agreement by the greyhound owners' group may not be withdrawn or varied except in the regular contractual process; (2) the host racing commission; and (3) the off-track racing commission. (b) Additional Requirements.-- (1) Approval.--In addition to the requirement of subsection (a), any off-track betting office shall obtain the approval of-- (A) all concurrently operating tracks within 60 miles of such off-track betting office; and (B) if there are no concurrently operating tracks within 60 miles, then the closest currently operating track in an adjoining State. (2) Exception.--Notwithstanding the provisions of paragraph (1), any off-track betting office in a State with at least 250 days of on-track parimutuel greyhound racing a year may accept interstate off-track wagers for a total of 60 racing days and 25 special events a year without the approval required by paragraph (1) if with respect to such 60 racing days there is no racing of the same type at the same time of day being conducted within the off-track betting State within 60 miles of the off-track betting office accepting the wager or such racing program cannot be completed. Excluded from such 60 days and from the consent required by paragraph (1) may be dark days which occur during a regularly scheduled race meeting in such off-track betting State. In order to accept any interstate off- track wager under the terms of the preceding sentence the off- track betting office shall make identical offers to any racing association described in subparagraph (A) of paragraph (1). Nothing in this subparagraph shall be construed to reduce or eliminate the necessity of obtaining all the approvals required by subsection (a). (c) Take Out.--No parimutuel off-track betting system may employ a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State unless such greater takeout is authorized by State law in the off-track State. SEC. 6. LIABILITY AND DAMAGES. Any person accepting any interstate off-track wager in violation of section 5 shall be civilly liable for damages to the host State, the host racing association, and the greyhound owners' group. Damages for each violation shall be based on the total of off-track wagers as follows: (1) If the interstate off-track wager was of a type accepted at the host racing association, damages shall be in an amount equal to that portion of the takeout which would have been distributed to the host State, host racing association, and the greyhound owners' group as if each such interstate off- track wager had been placed at the host racing association. (2) If such interstate off-track wager was of a type not accepted at the host racing association, the amount of damages shall be determined at the rate of takeout prevailing at the off-track betting system for that type of wager and shall be distributed according to the same formula as in paragraph (1). SEC. 7. CIVIL ACTION. (a) In General.--The host State, the host racing association, or the greyhound owners' group may commence a civil action against any person alleged to be in violation of section 5, for injunctive relief to restrain violations and for damages in accordance with section 6. (b) Parties.--In any civil action under subsection (a), the host State, the host racing association, and greyhound owners' group, if not a party, shall be permitted to intervene as a matter of right. (c) Time.--A civil action may not be commenced pursuant to subsection (a) more than 3 years after the discovery of the alleged violation upon which such civil action is based. (d) Construction.--Nothing in this Act shall be construed to permit a State to be sued under subsection (a) other than in accordance with its applicable laws. SEC. 8. JURISDICTION AND VENUE. (a) In General.--Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any civil action under section 7 without regard to the citizenship of the parties or the amount in controversy. (b) Venue.--A civil action under section 7 may be brought in any district court of the United States for a district located in the host State or the off-track State and all process in any such civil action may be served in any judicial district of the United States. (c) Concurrent Jurisdiction.--The jurisdiction of the district courts of the United States pursuant to this section shall be concurrent with that of any State court of competent jurisdiction located in the host State or the off-track State. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act and shall apply to any interstate off-track wager accepted on or after such date of enactment.
Interstate Greyhound Racing Act of 1993 - Allows the acceptance of interstate off-track wagers on greyhound races by off-track betting systems after consent is obtained from the host racing association (making certain exceptions with regard to existing contracts), the host racing commission, and the off-track commission. Requires any off-track betting office to obtain the approval of all currently operating tracks within 60 miles of the office (or, if there are none, the closest currently operating track in an adjoining State). Allows off-track betting offices in a State with at least 250 days of on-track parimutuel greyhound racing a year to accept interstate off-track wagers for 60 racing days and 25 special events per year without approval if there is no similar racing being conducted within the off-track State within 60 miles of the office accepting the wager. Prohibits a parimutuel off-track betting system from employing a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where the greater takeout is authorized by State law in the off-track State. Makes persons accepting interstate off-track wagers in violation of this Act civilly liable to the host State, the host racing association, and the greyhound owners' group.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Worker Incentive Act of 2001''. SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. (a) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(a) In General.--'' before ``A State''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.-- ``(1) State plan requirement.--In order to be eligible for funds under section 658J(a)(2), a State shall include in its plan under section 658E a child care provider scholarship program plan, meeting the requirements of this subsection, designed to further the goals of child care provider recruitment, training, credentialing, and retention. ``(2) Eligibility criteria for scholarship applicants.--The State plan shall provide that, in order for an individual to be eligible for a scholarship grant under this subsection, the following requirements shall be met: ``(A) Demonstrated commitment to child care career.--The individual-- ``(i) shall be a child care worker who is (or is employed by) a licensed or registered child care provider, or has a commitment for employment from a licensed or registered child care provider; and ``(ii) shall agree in writing to continue to be employed in the field of child care for at least one year after receiving the training for which assistance is provided. ``(B) Cost sharing by applicant.-- ``(i) In general.--The individual (either as provided in clause (ii) or otherwise) shall provide for payment, in cash or in kind, of a share of the cost of the education or training. ``(ii) Application for pell grants.--In the case of an application for a scholarship intended for use in an educational institution participating in the Pell Grant program under title IV of the Higher Education Act, the individual shall apply for a grant under such program for which the individual is eligible. ``(C) Employer requirements.--In the case of an individual employed by (or who has a commitment for employment from) a licensed or registered child care provider the individual's employer shall-- ``(i) pay a share of the cost of the education or training; and ``(ii) agree to provide increased financial incentives to the individual, such as a salary increase or bonus, when the individual completes the education or training. ``(3) Qualifying educational institutions.--The State plan shall specify the types of educational and training programs for which scholarships granted under the State program may be used, which shall be limited to (but may include any or all) programs that-- ``(A) are administered by institutions of higher education that are eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965; and ``(B) lead to a State or national credential in child care or early childhood or early childhood special education, or to an associate or bachelor's degree in child development or early childhood education. ``(4) Annual maximum scholarship grant amount.--The maximum amount of a scholarship awarded to an eligible individual under this section may not exceed $1,500 per year. ``(5) Supplementation of other funding.--The State plan shall contain assurances that Federal funds provided to the State under this subsection will not be used to supplant Federal or non-Federal funds for existing services and activities that promote the purposes of this subsection.''. (b) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended (1) by inserting ``(a) In General.--'' before ``There''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.--There is authorized to be appropriated to carry out section 658G(b) $50,000,000 for each of fiscal years 2002 through 2006.''. (c) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``each subsection of section 658B''; and (B) in paragraph (2) by striking ``section 658B'' and inserting ``section 658B(a)''; (2) in subsection (b)(1) in the matter preceding subparagraph (A), by inserting ``each subsection of'' before ``section 658B''; and (3) in subsection (e)(1) by striking ``the allotment under subsection (b)'' and inserting ``an allotment under subsection (b)''. (d) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended-- (1) by inserting ``(1)'' before ``Subject''; and (2) by adding at the end the following: ``(2) A State described in paragraph (1) whose plan under section 658E provides for a child care scholarship program under section 658G(b) shall be entitled to payment under this section in an amount equal to the lesser of its allotment under section 658O or 80 percent of expenditures by the State for such program.''. (e) Annual Report.--Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) in subparagraph (D) by striking ``and'' at the end; (2) in subparagraph (E) by adding ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the child care scholarship program, including-- ``(i) the number of child care workers receiving scholarship grants; ``(ii) the amount of each scholarship grant; ``(iii) the number of course credits or credentials completed by individuals receiving scholarships; ``(iv) the number and percentage of child care workers receiving scholarship grants in the previous year who fulfilled their 1-year commitment; and ``(v) such other data as the Secretary may require.''. SEC. 3. APPLICATION OF AMENDMENTS. The amendments made by this Act shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.
Child Care Worker Incentive Act of 2001 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program.Requires: (1) the scholarship applicant's demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; (B) by striking ``(e)'' and all that follows through ``Subsection (a)(2)(C) does not apply'' in paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species. ``(2) Limitation on application.--This subsection-- ``(A) does not apply to a person transporting a nonhuman primate to or from a veterinarian who is licensed to practice veterinary medicine within the United States, solely for the purpose of providing veterinary care to the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for that species of primate; ``(iii) the nonhuman primate has no contact with any other animals or members of the public, other than the veterinarian and other authorized medical personnel providing veterinary care; and ``(iv) such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates; ``(B) does not apply to a person transporting a nonhuman primate to a legally designated caregiver for the nonhuman primate as a result of the death of the preceding owner of the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate is carrying legal documentation to support the need for transporting the nonhuman primate to the legally designated caregiver; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for the species; ``(iii) the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; and ``(iv) all applicable State and local restrictions on such transport, and all applicable State and local requirements for permits or health certificates, are complied with; and ``(C) does not apply''; (C) in paragraph (2) (as redesignated by subparagraph (A))-- (i) by striking ``a'' before ``prohibited'' and inserting ``any''; (ii) by striking ``(3)'' and inserting ``(4)''; and (iii) by striking ``(2)'' and inserting ``(3)''; (D) in paragraph (3) (as redesignated by subparagraph (A))-- (i) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (ii) in subparagraph (D), by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''; (E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``(2)'' and inserting ``(3)''; (F) in paragraph (6) (as redesignated by subparagraph (A)), by striking ``subsection (a)(2)(C)'' and inserting ``this subsection''; and (G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following: ``(7) Application.--This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),'' ; and (2) in paragraph (1), by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; and (2) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following new paragraph: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, issue regulations to implement section 3(e).''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT PERSONNEL. In addition to such other amounts as are authorized to carry out the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal year 2009 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce that Act. Passed the House of Representatives June 17, 2008. Attest: LORRAINE C. MILLER, Clerk.
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates (i.e., monkeys, great apes, lemurs, etc.) to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to sell or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth: (1) exceptions to such prohibition; and (2) civil and criminal penalties for violations of the requirements of this Act. Requires the Secretary of the Interior, in consultation with other relevant federal and state agencies, to issue regulations to implement the Captive Wildlife Safety Act. Authorizes additional appropriations to the Secretary for FY2009 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce the Lacey Act Amendments of 1981.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cherry Valley National Wildlife Refuge Study Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the scenic Cherry Valley area of northeastern Pennsylvania is blessed with more than 80 special-concern animal and plant species and natural habitats; (2) 6 species that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been documented within or near Cherry Valley, including-- (A) the bog turtle (possibly the most significant population of the listed subspecies); (B) the dwarf wedge mussel; (C) the northeastern bulrush; (D) the small whorled pogonia; (E) the bald eagle; and (F) the Indiana bat (a historic resident, for which efforts to reestablish favorable conditions are being carried out); (3) Cherry Valley provides habitat for at least 79 species of national or regional concern, which either nest in Cherry Valley or migrate through the area during critical times in their life cycle, including-- (A) neotropical migratory birds, such as the Cerulean Warbler, the Worm-eating Warbler, and the Wood Thrush, all of which nest in Cherry Valley; (B) waterfowl, such as the American Black Duck; (C) several globally rare plants, such as the spreading globeflower; and (D) anadromous fish species; (4)(A) the Cherry Valley watershed encompasses a large segment of the Kittatinny Ridge, an important migration route for birds of prey throughout the northeastern United States; and (B) every migratory raptor species in the northeast United States is regularly observed along the Kittatinny Ridge during the autumnal migration, including the bald eagle, the golden eagle, and the broad-winged hawk; (5) the Kittatinny Ridge also includes a long segment of the Appalachian Trail, a nationally significant natural, cultural, and recreational feature; (6) many of the significant wildlife habitats found in Cherry Valley, especially the rare calcareous wetlands, have disappeared from other localities in that range; (7) ongoing studies have documented the high water quality of Cherry Creek; (8) 2 federally-owned parcels of land are contiguous to the area to be studied under this Act for acquisition and inclusion in a potential Cherry Valley National Wildlife Refuge, including-- (A) the Delaware Water Gap National Recreation Area; and (B) a 700-acre segment of the Appalachian Trail owned by the National Park Service; and (9) public meetings over several years have demonstrated strong, deep, and growing local support for a Cherry Valley National Wildlife Refuge, as demonstrated by the following: (A) Area landowners, business and community leaders, media, and elected officials have consistently voiced their enthusiasm for a Cherry Valley National Wildlife Refuge. (B)(i) Numerous local communities and public and private conservation entities share complementary goals for protecting Cherry Valley and are energetically conserving wildlife habitat and farmland. (ii) Along with State land management agencies and the National Park Service, those local entities-- (I) represent potential strong partners for the United States Fish and Wildlife Service; and (II) view a Cherry Valley National Wildlife Refuge as a complement to existing private, county, municipal, and State efforts. (C) A number of local landowners have already put their land into conservation easements or other conservation arrangements. (D) A voter-approved Monroe County, Pennsylvania, open space fund and a voter-approved Stroud Township, Pennsylvania, municipal land conservation fund have contributed to many of the projects described in this paragraph. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Proposed Cherry Valley National Wildlife Refuge-Authorization Boundary'' and dated February 24, 2005. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``Study Area'' means the fish and wildlife habitat and aquatic and terrestrial communities in Cherry Valley that are-- (A) located in northeastern Pennsylvania; and (B) identified on the map. SEC. 4. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION. (a) Study.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study to evaluate the Study Area for-- (1) the potential acquisition of the Study Area by the United States Fish and Wildlife Service through donation, exchange, or voluntary sale; and (2) the subsequent inclusion of the Study Area in a potential Cherry Valley National Wildlife Refuge. (b) Consultation.--In conducting the study under subsection (a), the Secretary shall consult with appropriate State and local officials, private conservation organizations, affected major landowners, and other interested persons regarding, with respect to the Study Area-- (1) the identification of eligible land, water, and interests that are appropriate for acquisition for a national wildlife refuge; and (2) the determination of the boundaries within which such an acquisition should be made. (c) Inclusions.--In conducting the study under subsection (a), the Secretary shall-- (1) determine whether the Study Area is suitable for-- (A) inclusion in the National Wildlife Refuge System; and (B) management in accordance with the policies of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); (2) assess the conservation benefits to be gained from the establishment of a Cherry Valley National Wildlife Refuge including-- (A) preservation and maintenance of diverse populations of fish, wildlife, and plants, including species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) protection and enhancement of aquatic and wetland habitats; (C) opportunities for compatible wildlife-dependent recreation, scientific research, and environmental education and interpretation; and (D) fulfillment of international obligations of the United States with respect to fish and wildlife and their habitats; and (3)(A) provide an opportunity for public participation; and (B) give special consideration to views expressed by local public and private entities regarding land, water, and interests in the Study Area for future acquisition for refuge purposes. (d) Limitation.--The Secretary shall acquire not more than 30,000 total acres of land, water, and interests in the Study Area. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (A) complete the study under subsection (a); and (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report describing the results of the study. (2) Inclusions.--The report under paragraph (1)(B) shall include-- (A) a map that-- (i) identifies and prioritizes specific land, water, and interests in the Study Area for future acquisition by the Secretary; and (ii) delineates an acquisition boundary for a potential Cherry Valley National Wildlife Refuge; (B) a cost estimate for the acquisition of such land, water, and interests in the Study Area as the Secretary determines to be appropriate for refuge status; and (C) an estimate of funds that could be made available from non-Federal sources for the acquisition and management of land, water, and interests in the Study Area. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $200,000.
Cherry Valley National Wildlife Refuge Study Act - Requires the Secretary of the Interior to conduct a study to evaluate specified fish and wildlife habitat and aquatic and terrestrial communities in northeastern Pennsylvania for potential acquisition and subsequent inclusion in a future Cherry Valley National Wildlife Refuge. Prohibits the Secretary from acquiring more than 30,000 total acres of land, water, and interests in the study area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on Civic Service Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The social fabric of the United States is stronger if individuals in the United States are committed to protecting and serving our Nation by utilizing national service and volunteerism to overcome our civic challenges. (2) A more engaged civic society will strengthen the Nation by bringing together people from diverse backgrounds and experiences to work on solutions to some of our Nation's major challenges. (3) Despite declines in civic health in the past 30 years, national service and volunteerism among the Nation's youth are increasing, and existing national service and volunteer programs greatly enhance opportunities for youth to engage in civic activity. (4) In addition to the benefits received by nonprofit organizations and society as a whole, volunteering and national service provide a variety of personal benefits and satisfaction and can lead to new paths of civic engagement, responsibility, and upward mobility. SEC. 3. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Congressional Commission on Civic Service'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) General Purpose.--The purpose of the Commission is to gather and analyze information in order to make recommendations to Congress to-- (1) improve the ability of individuals in the United States to serve others and, by doing so, to enhance our Nation and the global community; (2) train leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources; (3) identify and offer solutions to the barriers that make it difficult for some individuals in the United States to volunteer or perform national service; and (4) build on the foundation of service and volunteer opportunities that are currently available. (b) Specific Topics.--In carrying out its general purpose under subsection (a), the Commission shall address and analyze the following specific topics: (1) The level of understanding about the current Federal, State, and local volunteer programs and opportunities for service among individuals in the United States. (2) The issues that deter volunteerism and national service, particularly among young people, and how the identified issues can be overcome. (3) Whether there is an appropriate role for Federal, State, and local governments in overcoming the issues that deter volunteerism and national service and, if appropriate, how to expand the relationships and partnerships between different levels of government in promoting volunteerism and national service. (4) Whether existing databases are effective in matching community needs to would-be volunteers and service providers. (5) The effect on the Nation, on those who serve, and on the families of those who serve, if all individuals in the United States were expected to perform national service or were required to perform a certain amount of national service. (6) Whether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation and overcome civic challenges by bringing together people from diverse economic, ethnic, and educational backgrounds. (7) The need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders. (8) The means to develop awareness of national service and volunteer opportunities at a young age by creating, expanding, and promoting service options for primary and secondary school students and by raising awareness of existing incentives. (9) The effectiveness of establishing a training program on college campuses to recruit and educate college students for national service. (10) The effect on United States diplomacy and foreign policy interests of expanding service opportunities abroad, such as the Peace Corps, and the degree of need and capacity abroad for an expansion. (11) The constraints that service providers, nonprofit organizations, and State and local agencies face in utilizing federally funded volunteer programs, and how these constraints can be overcome. (12) Whether current Federal volunteer programs are suited to address the special skills and needs of senior volunteers, and if not, how these programs can be improved such that the Federal government can effectively promote service among the ``baby boomer'' generation. (c) Methodology.-- (1) Public hearings.--The Commission shall conduct public hearings in various locations around the United States. (2) Regular and frequent consultation.--The Commission shall regularly and frequently consult with an advisory panel of members of Congress appointed for such purpose by the Speaker of the House of Representatives and the majority leader of the Senate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 8 members appointed as follows: (A) 2 members appointed by the Speaker of the House of Representatives. (B) 2 members appointed by the minority leader of the House of Representatives. (C) 2 members appointed by the majority leader of the Senate. (D) 2 members appointed by the minority leader of the Senate. (2) Qualifications.--The members of the Commission shall consist of individuals who are of recognized standing and distinction in the areas of international public service, national public service, service-learning, local service, business, or academia. (3) Deadline for appointment.--The members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (4) Chairperson.--The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Terms.-- (1) In general.--The members of the Commission shall serve for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission but any such vacancy shall be filled in the same manner in which the original appointment was made. (c) Compensation.-- (1) Rates of pay; travel expenses.--Each member shall serve without pay, except that 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. (2) Prohibition of compensation of federal employees.-- Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission. (d) Meeting Requirements.-- (1) Frequency.-- (A) Quarterly meetings.--The Commission shall meet at least quarterly. (B) Additional meetings.--In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum.--5 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (3) Meeting by telephone or other appropriate technology.-- Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.-- (1) Appointment.--The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission. (2) Credentials.--The Director shall have credentials related to international public service, national public service, service-learning, or local service. (3) Salary.--The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that the rate may not exceed the rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate. (c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold public hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Upon request of the Chairperson, the head of any department or agency shall furnish information to the Commission that the Commission deems necessary to enable it to carry out this Act. (d) Physical Facilities and Equipment.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis. (e) Administrative Support Services.--Upon the request of the Commission, the Architect of the Capitol and the Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORTS. (a) Interim Report.--The Commission shall submit an interim report on its activities to Congress not later than 20 months after the date of the enactment of this Act. (b) Final Report.-- (1) Deadline.--The Commission shall submit a final report on its activities to Congress not later than 120 days after the submission of the interim report under subsection (a). (2) Contents.--The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for proposed legislation. SEC. 9. TERMINATION. The Commission shall terminate not later than 30 days after submitting its final report under section 8(b)(1).
Congressional Commission on Civic Service Act - Establishes the Congressional Commission on Civic Service to make recommendations to Congress for: (1) improving the ability of individuals to serve others; (2) training leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources; (3) identifying solutions to the barriers that make it difficult for some individuals to volunteer or perform national service; and (4) building on the foundation of current service and volunteer opportunities. Specifies topics to be addressed by the Commission, including deterrents to service, a mandatory service requirement, and the need for a public service academy.
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SECTION 1. GRANTS FOR THE SECRETARY OF THE INTERIOR. (a) In General.--Section 1121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331) is amended-- (1) in the section heading, by striking ``the outlying areas and''; (2) by amending subsection (a) to read as follows: ``(a) Reservation of Funds.-- ``(1) In general.--From the amount appropriated for payments to States for any fiscal year under sections 1002(a) and 1125A(f), the Secretary shall reserve-- ``(A) for each fiscal year until the fiscal year described in paragraph (2), .67 percent to provide assistance to the Secretary of the Interior in the amount necessary to make payments pursuant to subsection (b); and ``(B) for the fiscal year described in paragraph (2) and each succeeding fiscal year, 0.75 percent to provide assistance to the Secretary of the Interior in the amount necessary to make payments pursuant to such subsection. ``(2) Description of fiscal year.--A fiscal year described in this paragraph is a fiscal year for which the total amount allocated under this part for each State, after reserving funds in accordance with paragraph (1)(B), would be an amount that is not less than the total amount allocated under this part for such State for fiscal year 2015.''; (3) by striking subsections (b) and (c); (4) by redesignating subsection (d) as subsection (b); and (5) in subsection (b), as so redesignated-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--The amount allotted for payments to the Secretary of the Interior under subsection (a) for any fiscal year shall be used to meet the special educational needs of-- ``(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and ``(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.''; and (B) in paragraph (2), by striking ``subsection (a)(2)'' and inserting ``subsection (a)''. (b) Conforming Amendments.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) in paragraph (30) of section 9101, by striking ``section 1121(b) and any other'' and inserting ``any''; and (2) in paragraph (2)(B)(i), of section 5477, by striking ``eligible under section 1121(d)(1)(A)'' and inserting ``eligible under section 1121(b)(1)(A)''. SEC. 2. ALLOCATIONS TO STATES. Section 1122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332) is amended by striking subsection (e). SEC. 3. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1124(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(d)) is amended-- (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking ``Notwithstanding section 1122'' and inserting the following: ``(1) In general.--Notwithstanding section 1122 and except as provided in paragraph (2)''; (4) in paragraph (1)(B)(i) (as so redesignated), by striking ``calculated in paragraph (1)'' and inserting ``calculated in subparagraph (A)''; and (5) by adding at the end the following new paragraph: ``(2) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).''. SEC. 4. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1124A(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334(a)(1)(B)) is amended-- (1) by inserting ``State minimum.--'' after the subparagraph enumerator; (2) in clause (ii)-- (A) in subclause (II), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively, and indenting appropriately; and (B) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (3) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (4) by striking ``Notwithstanding section 1122'' and inserting the following: ``(i) In general.--Notwithstanding section 1122 and except as provided in clause (ii)''; (5) in clause (i)(II)(aa) (as so redesignated) by striking ``calculated under clause (i)'' and inserting ``calculated under subclause (I)''; and (6) by adding at the end the following new clause: ``(ii) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subclauses (I) and (II) of clause (i).''. SEC. 5. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES. Section 1125(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6335(e)) is amended-- (1) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (3) by striking ``Notwithstanding any other provision of this section or section 1122'' and inserting the following: ``(1) In general.--Notwithstanding section 1122 and except as provided in paragraph (2)''; and (4) by adding at the end the following new paragraph: ``(2) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).''. SEC. 6. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. Section 1125A(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6337(b)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (C) by striking ``Notwithstanding any other provision of this section or section 1122'' and inserting the following: ``(i) In general.--Notwithstanding section 1122 and except as provided in clause (ii)''; and (D) by adding at the end the following new clause: ``(ii) Exception.--American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands shall each receive one-half of the lesser of the amounts calculated for each such jurisdiction under subclauses (I) and (II) of clause (i).''; and (2) in paragraph (2)(B)-- (A) in the subparagraph heading, by inserting ``and certain outlying areas'' before the period at the end; and (B) by adding after ``Commonwealth of Puerto Rico'' the following: ``, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands''.
Amends part A of title I of the Elementary and Secondary Education Act of 1965 to eliminate the current reservation of 1% of the school improvement funds for outlying areas and Indian education. Reserves .67% of the school improvement funds for Indian education, but raises that reservation to .75% beginning with the fiscal year the allocations to states equal or surpass FY2015 levels after subtracting .75% of those allocations for Indian education. Establishes formulae for determining the minimum allotment to American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands of school improvement funds for: (1) basic grants to local educational agencies (LEAs), (2) concentration grants to LEAs, (3) targeted grants to LEAs, and (4) grants under the education finance incentive grant program.
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of April 6, 1937 (56 Stat. 57, chapter 69; 7 U.S.C. 148 et seq.). (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 U.S.C. 149). (7) The Act of August 20, 1912 (commonly known as the ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.). (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et seq.). (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 7 U.S.C. 2260). (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), other than the first section and section 15 of that Act (7 U.S.C. 2801 note, 2814). (b) Effect on Regulations.--Regulations promulgated under the authority of a provision of law repealed by subsection (a) shall remain in effect until such time as the Secretary promulgates a regulation under section 306 that supersedes the earlier regulation. TITLE IV--FEDERAL COORDINATION SEC. 401. DEFINITIONS. In this title: (1) Action plan.--The term ``Action Plan'' means the National Invasive Species Action Plan developed and submitted to Congress under section 404, including any updates to the Action Plan. (2) Alien species.--The term ``alien species'' means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating the species, that is not native to that ecosystem. (3) Control.--The term ``control'' means-- (A) the suppression, reduction, or management of invasive species populations; (B) the prevention of the spread of invasive species from areas where the species are present; and (C) the taking of measures such as the restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions. (4) Council.--The term ``Council'' means the Invasive Species Council established by section 402. (5) Ecosystem.--The term ``ecosystem'' means the complex of a community of organisms and the community's environment. (6) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code, except that the term does not include an independent establishment (as defined in section 104 of title 5, United States Code). (7) Introduction.--The term ``introduction'' means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. (8) Invasive species.--The term ``invasive species'' means an alien species the introduction of which causes or is likely to cause economic or environmental harm or harm to human health. (9) Native species.--The term ``native species'' means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in the ecosystem. (10) Species.--The term ``species'' means a group of organisms all of which-- (A) have a high degree of physical and genetic similarity; (B) generally interbreed only among themselves; and (C) show persistent differences from members of allied groups of organisms. (11) Stakeholder.--The term ``stakeholder'' means an entity with an interest in invasive species, including-- (A) a State, tribal, or local government agency; (B) an academic institution; (C) the scientific community; and (D) a nongovernmental entity, including an environmental, agricultural, or conservation organization, trade group, commercial interest, or private landowner. SEC. 402. INVASIVE SPECIES COUNCIL. (a) Establishment.--There is established an advisory council to be known as the ``Invasive Species Council''. (b) Membership.-- (1) In general.--The Council shall be composed of-- (A) the Secretary of State; (B) the Secretary of the Treasury; (C) the Secretary of Defense; (D) the Secretary of the Interior, who shall be a cochairperson of the Council; (E) the Secretary of Agriculture, who shall be a cochairperson of the Council; (F) the Secretary of Commerce, who shall be a cochairperson of the Council; (G) the Secretary of Transportation; (H) the Administrator of the Environmental Protection Agency; and (I) a representative of State government appointed by the National Governors' Association. (2) Other federal agency representatives.--The Council may-- (A) invite other representatives of Federal agencies to serve as members of the Council, including representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species; and (B) prescribe special procedures for the participation by those other representatives on the Council. (c) Duties.--The Invasive Species Council shall-- (1) provide national leadership regarding invasive species; (2) oversee the implementation of this title and make recommendations designed to ensure that the activities of Federal agencies concerning invasive species are coordinated, complementary, cost-efficient, and effective, relying to the maximum extent practicable on organizations addressing invasive species, such as-- (A) the Aquatic Nuisance Species Task Force established by section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721); (B) the Federal Interagency Committee for the Management of Noxious and Exotic Weeds; and (C) the Committee on Environment and Natural Resources of the Office of Science and Technology Policy; (3) encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Action Plan, in cooperation with stakeholders and organizations addressing invasive species; (4) develop recommendations for international cooperation in addressing invasive species; (5) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) concerning prevention and control of invasive species, including the procurement, use, and maintenance of native species in a manner designed to affect invasive species; (6) facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health; (7) facilitate establishment of a coordinated, up-to-date information-sharing system that-- (A) uses, to the maximum extent practicable, the Internet; and (B) facilitates access to and exchange of information concerning invasive species, such as-- (i) information on the distribution and abundance of invasive species; (ii) life histories of invasive species and invasive characteristics; (iii) economic, environmental, and human health impacts from invasive species; (iv) techniques for management of invasive species; and (v) laws and programs for management, research, and public education concerning invasive species; and (8) develop and submit to Congress the Action Plan. (d) Executive Director; Staff.--With the concurrence of the other cochairpersons, the Secretary of the Interior shall-- (1) appoint an Executive Director of the Council; and (2) provide staff and administrative support for the Council. SEC. 403. ADVISORY COMMITTEE. (a) Establishment.--The Secretary of the Interior shall-- (1) establish an advisory committee to provide information and advice for consideration by the Council; and (2) after consultation with other members of the Council, appoint members of the advisory committee to represent stakeholders. (b) Duties.--The duties of the advisory committee shall include making recommendations for plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Action Plan. (c) Cooperation.--The advisory committee shall act in cooperation with stakeholders and organizations addressing the problem of invasive species. (d) Administrative and Financial Support.--The Secretary of the Interior shall provide administrative and financial support for the advisory committee. SEC. 404. INVASIVE SPECIES ACTION PLAN. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Council shall develop and submit to Congress a National Invasive Species Action Plan, which shall-- (1) detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species; (2) detail and recommend measures to be taken by the Council to carry out its duties under section 402; and (3) identify the personnel, other resources, and additional levels of coordination needed to achieve the goals and objectives of the Action Plan. (b) Public Participation and Coordination.--The Action Plan shall be-- (1) developed through a public process and in consultation with Federal agencies and stakeholders; and (2) coordinated with any State plans concerning invasive species. (c) Special Requirements for First Action Plan.-- (1) In general.--The first Action Plan submitted under subsection (a) shall-- (A) include a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including approaches for-- (i) identifying pathways for the introduction of invasive species; and (ii) minimizing the risk of introductions by means of those pathways; and (B) identify research needs and recommend measures to minimize the risk that introductions will occur. (2) Recommended processes.--The measures recommended under paragraph (1)(B) shall provide for-- (A) a science-based process to evaluate risks associated with the introduction and spread of invasive species; and (B) a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. (3) Recommendations for legislation.--If any measure recommended under paragraph (1)(B) is not authorized by law in effect as of the date of the recommendation, the Council shall develop and submit to Congress legislative proposals for necessary changes in law. (d) Updates and Evaluations of Action Plan.--The Council shall-- (1) develop and submit to Congress biennial updates of the Action Plan; and (2) concurrently evaluate and report on success in achieving the goals and objectives specified in the Action Plan. (e) Response by Federal Agencies.--Not later than 18 months after the date of submission to Congress of the Action Plan, each Federal agency that is required to implement a measure recommended under subsection (a)(1) or (c)(1)(B) shall-- (1) take the recommended action; or (2) provide to the Council an explanation of why the action is not feasible. TITLE V--AUTHORIZATION OF APPROPRIATIONS SEC. 501. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (b) Compensation.--Except as provided in section 106 and as specifically authorized by law, no part of the amounts appropriated under this section shall be used to provide compensation for property injured or destroyed by or at the direction of the Secretary. SEC. 502. TRANSFER AUTHORITY. (a) Authority To Transfer Certain Funds.--In connection with an emergency in which a plant pest or noxious weed threatens a segment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary considers necessary to be available in the emergency for the arrest, control, eradication, and prevention of the dissemination of the plant pest or noxious weed and for related expenses. (b) Availability.--Any funds transferred under this section shall remain available for such purposes until expended. (c) Conforming Amendments.--The first section of Public Law 97-46 (7 U.S.C. 147b) is amended-- (1) by striking ``plant pests or''; and (2) by striking ``section 102 of the Act of September 21, 1944, as amended (7 U.S.C. 147a), and''.
TABLE OF CONTENTS: Title I: Plant Protection Title II: Inspection and Enforcement Title III: Miscellaneous Provisions Title IV: Federal Coordination Title V: Authorization of Appropriations Noxious Weed Coordination and Plant Protection Act - Title I: Plant Protection - Prohibits a person from importing, exporting, or moving in interstate commerce an authorized plant pest. Authorizes the Secretary of Agriculture to permit such introduction or movement. Prohibits the unauthorized mailing, and knowing delivery by a mail carrier, of plant pests. (Sec. 102) Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their U.S. introduction and interstate movement. Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents; and (2) private petitions to add or remove listings. (Sec. 103) Directs the Secretary of the Treasury to notify the Secretary of such articles' arrival, and hold them at the port of entry until inspected and authorized for U.S. movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate. (Sec. 104) Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed; and (2) owner compensation for unauthorized disposals. (Sec. 107) Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land; and (2) personnel training. (Sec. 108) Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements. Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection; (3) subpoena authority; (4) criminal and civil penalties; and (5) enforcement authority of the Attorney General. Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States. (Sec. 304) States that this Act shall not apply to U.S. postal employees in the course of their duties. (Sec. 307) Repeals specified Acts. Title IV: Federal Coordination - Establishes the Invasive Species Council to provide national leadership regarding invasive species, including networking and other specified activities. Directs the Secretary of the Interior to establish a related advisory committee. Directs the Council to develop and submit to the Congress a national invasive species action plan. Title V: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2013''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2013, Congress has appropriated $1,500,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $821,000,000,000 related to operations in Iraq and $645,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,400,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 2,100 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,715 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 250,000 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 100,000 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 253,330 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 54 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of previous costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and the long-term costs of Operation Enduring Freedom for a scenario, determined by the President and based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2023, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Afghanistan, and the total number of members expected to be killed in Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Previous, current, and future operational expenditures associated with Operation Enduring Freedom and, when applicable, Operation Iraqi Freedom and Operation New Dawn, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.
True Cost of War Act of 2013 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to provide Congress with an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom. Requires the President, in preparing such report, to make estimates and projections through at least FY2023, and to take into account specified cost factors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Proliferation Prevention Enhancement Act of 1999''. SEC. 2. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING CERTAIN SHIPPERS' EXPORT DECLARATIONS. (a) Authority.--Section 301 of title 13, United States Code, is amended by adding at the end the following new subsection: ``(h) The Secretary is authorized to require the filing of Shippers' Export Declarations under this chapter through an automated and electronic system for the filing of export information established by the Department of the Treasury.''. (b) Implementing Regulations.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Commerce and the Secretary of State, shall publish regulations in the Federal Register to require that, upon the effective date of those regulations, exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, file such Declarations through the Automated Export System with respect to exports of items on the United States Munitions List or the Commerce Control List. (2) Elements of the regulations.--The regulations referred to in paragraph (1) shall include at a minimum-- (A) provision for the establishment of online assistance services to be available for those individuals who must use the Automated Export System; (B) provision for ensuring that an individual who is required to use the Automated Export System is able to print out from the System a validated record of the individual's submission, including the date of the submission and a serial number or other unique identifier for the export transaction; and (C) a requirement that the Department of Commerce print out and maintain on file a paper copy or other acceptable back-up record of the individual's submission at a location selected by the Secretary of Commerce. (c) Effective Date.--The amendment made by subsection (a) and the regulations described in subsection (b) shall take effect 180 days after the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and Technology jointly certify, by publishing in the Federal Register a notice, that a secure, Internet-based Automated Export System that is capable of handling the expected volume of information required to be filed under subsection (b), plus the anticipated volume from voluntary use of the Automated Export System, has been successfully implemented and tested. SEC. 3. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM. It is the sense of Congress that exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, but who are not required under section 2(b) to file such Declarations using the Automated Export System, should do so. SEC. 4. REPORT TO CONGRESS. Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Energy, and the Director of Central Intelligence, shall submit a report to Congress setting forth-- (1) the advisability and feasibility of mandating electronic filing through the Automated Export System for all Shippers' Export Declarations; (2) the manner in which data gathered through the Automated Export System can most effectively be used by other automated licensing systems administered by Federal agencies, including-- (A) the Defense Trade Application System of the Department of State; (B) the Export Control Automated Support System of the Department of Commerce; (C) the Foreign Disclosure and Technology Information System of the Department of Defense; (D) the Proliferation Information Network System of the Department of Energy; (E) the Enforcement Communication System of the Department of the Treasury; and (F) the Export Control System of the Central Intelligence Agency; and (3) a proposed timetable for any expansion of information required to be filed through the Automated Export System. SEC. 5. DEFINITIONS. In this Act: (1) Automated export system.--The term ``Automated Export System'' means the automated and electronic system for filing export information established under chapter 9 of title 13, United States Code, on June 19, 1995 (60 Federal Register 32040). (2) Commerce control list.--The term ``Commerce Control List'' has the meaning given the term in section 774.1 of title 15, Code of Federal Regulations. (3) Shippers' export declaration.--The term ``Shippers' Export Declaration'' means the export information filed under chapter 9 of title 13, United States Code, as described in part 30 of title 15, Code of Federal Regulations. (4) United states munitions list.--The term ``United States Munitions List'' means the list of items controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
Expresses the sense of Congress urging exporters (or their agents) who are required to file Shippers' Export Declarations, but are not required under this Act to file them using the Automated Export System, to do so anyway.
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SECTION 1. RESEARCH CREDIT MADE PERMANENT; CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RESEARCH CONSORTIA. (a) Credit Made Permanent.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Credit for Expenses Attributable to Certain Collaborative Research Consortia.-- (1) In general.--Subsection (a) of section 41 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 20 percent of the sum of-- ``(A) the qualified consortia expenses (as defined in subsection (f)) to the extent such expenses do not exceed the amount described in subparagraph (B), and ``(B) the amount paid in cash during the taxable year to a qualified collaborative research consortium for qualified collaborative research (as defined in subsection (f)).'' (2) Rules relating to qualified research consortia.-- Section 41 of such Code is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Rules Relating to Qualified Research Consortia.--For purposes of subsection (a)(3)-- ``(1) In general.--The term `qualified consortia expenses' means, with respect to any taxable year, the sum of the following amounts which are paid or incurred by the taxpayer during the taxable year: ``(A) Any wages paid or incurred to an employee of the taxpayer for services performed by such employee in qualified collaborative research or in direct support of employees performing qualified collaborative research. ``(B) Any amount paid or incurred for supplies used in the conduct of qualified collaborative research. ``(2) Qualified collaborative research consortium.--The term `qualified collaborative research consortium' means any organization described in subsection (e)(6)(B) if-- ``(A) at least 15 unrelated taxpayers paid (during the calendar year in which the taxable year of the taxpayer begins) amounts to such organization for qualified collaborative research, ``(B) no 3 persons paid during such calendar year more than 50 percent of the total amounts paid during such calendar year for qualified collaborative research, and ``(C) no person contributed more than 25 percent of such total amounts. For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related taxpayers. ``(3) Qualified collaborative research.--The term `qualified collaborative research' means qualified research-- ``(A) which is carried on in the public interest and the results of which are made available to the public on a nondiscriminatory basis, and ``(B) which is performed or supervised by a qualified collaborative research consortium. ``(4) Reduction for amounts expended on ineligible research.--The amount which, but for this paragraph, would be taken into account under subsection (a)(3)(B) by the taxpayer for any taxable year shall be reduced by an amount which bears the same ratio to such amount as-- ``(A) the amount paid or incurred during the calendar year in which such taxable year begins by the consortia for research which is not qualified research, bears to ``(B) the total amount paid or incurred during such calendar by the consortia for research. ``(5) Denial of double benefit.--Any amount taken into account under subparagraph (A) or (B) of subsection (a)(3) shall not be taken into account under subparagraph (A) or (B) of paragraph (1), or under paragraph (2), of subsection (a).'' (c) Effective Dates.-- (1) Credit made permanent.--The amendment made by subsection (a) shall apply to amounts paid or incurred after June 30, 1995, in taxable years ending after such date. (2) Payments to consortia.--The amendments made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.
Amends the Internal Revenue Code to make permanent the credit for increasing research activities and to allow such a credit for qualified consortia expenses attributable to certain collaborative research consortia. Provides for a reduction for amounts expended on ineligible research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Absenteeism Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Students who are chronically absent--meaning they miss 10 percent or more of the school year--are more likely to experience hardships later in life and 68 percent less likely than their peers to graduate. (2) The Department of Education's Office of Civil Rights Data Collection found that over 6.8 million students were chronically absent during the 2013-2014 school year. This makes up 14 percent of all students. (3) Chronically absent students are more likely to become high school drop outs. This leaves them prone to living in poverty, suffering from diminished health, and being involved in the criminal justice system later in life. Nineteen percent of high school students are chronically absent. (4) The Department of Education has found that, ``Chronic absenteeism is widespread'' and ``Research suggests the reasons for chronic absenteeism are as varied as the challenges our students and families face--including poor health, limited transportation, and a lack of safety--which can be particularly acute in disadvantaged communities and areas of poverty.''. (5) A report by the Everyone Graduates Center found that chronic absenteeism can stem from a wide range of often overlapping internal and external factors. External factors include homelessness, family dysfunction, and transportation; while internal factors include health, fear of bullying, concern for safety, and not valuing daily school attendance. Therefore, it is critical to have cross-sector collaborations and multifaceted strategies that incorporate parents, public- private partnerships, and community partners. (6) Students of color are disproportionately chronically absent compared to their White peers. Latino students are 11 percent more likely to be chronically absent, African-American students are 36 percent more likely, and American Indian and Pacific Islander students are over 65 percent more likely according to the Department of Education's Office of Civil Rights Data Collection. (7) Studies have shown that mentors can help reduce chronic absenteeism. Students who regularly meet with mentors are 52 percent less likely than their peers to skip a day of school and 37 percent less likely to skip a class. In one program, previously chronically absent students in 2012-13 with ``Success Mentors'' gained 51,562 additional days of school compared to previously chronically absent students without mentors at comparison schools; and 92,277 additional days compared to comparison school students without mentors during the 3-year initiative. (8) A report on the impact of one mentoring program found that it reduced school absenteeism by half. In another study, youth showed a gain of more than a week of class attendance. (9) Studies estimate that 9.4 million young people who are at risk need a mentor. SEC. 3. INTERVENTIONS TO ADDRESS CHRONIC ABSENTEEISM. Section 4108(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7118(5)) is amended-- (1) in subparagraph (H)(iii) by striking ``or'' at the end; (2) in subparagraph (I), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(J) interventions for students who miss 10 percent or more of school days (as determined at any time during a school year), which may include-- ``(i) implementing data collection systems that assist schools in collecting and tracking attendance data; ``(ii) creating data-sharing and confidentiality agreements between schools and partner agencies or community organizations working with students; ``(iii) partnering with local health, transportation, and service providers; ``(iv) integrating school personnel for mentoring; ``(v) carrying out mentoring programs that-- ``(I) are structured, managed, and appropriately match students with screened and well-trained adult volunteers for group and one-on-one mentoring relationships; ``(II) encourage mentors and students to meet frequently; ``(III) are intended to satisfy a student's need for involvement with a caring and supportive adult who serves as a positive role model; ``(IV) emphasize the importance of regular school attendance; and ``(V) provide and facilitate the necessary student support services; ``(vi) partnering with community organizations that offer mentoring services that consist of-- ``(I) screening and training of adult volunteers; ``(II) matching children and youth with the appropriate adult volunteer mentors; ``(III) support and oversight of the mentoring relationship; ``(IV) establishing goals and evaluation of outcomes for mentored children; and ``(V) planned and ongoing coordination between mentors and school personnel to identify individual student challenges causing chronic absenteeism in an effort to connect mentees to appropriate school personnel or resources such as access to transportation or medical care; ``(vii) cross-age peer mentoring programs under which an older youth serves a mentor for a younger student for the purpose of guiding and supporting the student's academic, social, and emotional development; ``(viii) school reorganization aimed at improving relationships between students and staff, including strategies for recognizing and modeling good attendance, such as mentors greeting students each day and promptly contacting a parent or mentor if the student is absent; ``(ix) identifying issues that lead to school absences; ``(x) meeting with students and parents to engage students and improve performance; ``(xi) arranging for teacher home visits to develop relationships among students, parents and schools; ``(xii) connecting students to existing school resources and activities, including school counseling services and existing community-based organizations; ``(xiii) using mentors to serve as a bridge between students, parents, and schools; ``(xiv) implementing evidence-based restorative justice strategies aimed at reducing suspensions in order to keep students in school; or ``(xv) providing personnel training to build positive school climates and promote social-emotional learning.''.
Chronic Absenteeism Reduction Act This bill amends the Elementary and Secondary Education Act of 1965 to allow local educational agencies to use specified federal funds for mentoring programs and other activities that address chronically absent students (i.e., students who miss 10% or more of school days).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2003''. SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended-- (1) in subsections (a) and (c), by striking ``of tangible personal property''; and (2) in subsection (d) by striking ``the sale of, tangible personal property'' and inserting ``a sale,''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended by adding at the end the following: ``Sec. 105. Beginning with taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 4 of the Business Activity Tax Simplification Act of 2003. A State or subdivision may not assess or collect any tax which by reason of this section the State or subdivision may not impose.''. (c) Effective Date of Subsection (a) Amendments.--The amendments made by subsection (a) shall apply with respect to the imposition, assessment, and collection of taxes for taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003. SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--Except as otherwise provided by this Act, no taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce, unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.--Except as otherwise provided by this Act, for the purposes of subsection (a), a person has a physical presence in a State only if such person's business activities within such State include any of the following during the person's taxable year: (1) Being an individual physically within the State, or assigning one or more employees to be in such State, on more than 21 days. However, the following shall be disregarded in determining whether such 21-day limit has been exceeded: (A) Activities in connection with a possible purchase of goods or services for the business. (B) Gathering news and covering events for print, broadcast, or other distribution through the media. (C) Meeting government officials for purposes other than selling goods or services. (D) Participation in educational or training conferences, seminars or other similar functions. (E) Participating in charitable activities. (2) Using the services of another person, except an employee, in such State, on more than 21 days to establish or maintain the market in that State, unless that other person performs similar functions on behalf of at least one additional business entity during the taxable year. (3) The leasing or owning of tangible personal property or real property in such State on more than 21 days. However, the following shall be disregarded in determining whether such 21- day limit has been exceeded: (A) Tangible property located in the State for purposes of being assembled, manufactured, processed, or tested by another person for the benefit of the owner or lessee, or used to furnish a service to the owner or lessee by another person. (B) Marketing or promotional materials distributed in a State using mail or a common carrier, or as inserts in or components of publications. (C) Any property to the extent used ancillary to an activity excluded from the computation of the 21-day period under paragraph (1) or (2). (c) Taxable Periods not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Exceptions.-- (1) Domestic business entities and individuals domiciled in the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State or commercially domiciled in the State in which the tax is imposed; or (B) an individual who is domiciled in the State. (2) Taxation of partners and similar persons.--If a taxing authority is not prohibited by this section from taxing an entity that is a partnership, a Subchapter S corporation, a limited liability company, a trust, or an estate, or another similar entity, that taxing authority is also not prohibited by this section from taxing the owners or beneficiaries of the entity, if State law imposes the tax not on the entity itself but on the entity's owners or beneficiaries, whether or not they are in the State, with respect to their ownership interest in the entity. (3) Certain activities.--With respect to the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) The sale within the State of tangible personal property, where delivery of the property originates and is completed within that State. (B) The performance of services to real property within the State. (4) Exception relating to certain performances and sporting events.--With respect to the taxation of one of the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) A live performance in the State, before a live audience of more than 100 individuals. (B) A live sporting event in the State before more than 100 spectators present at the event. SEC. 4. DEFINITIONS. The following definitions apply in this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) The term ``other business activity tax'' means-- (i) a tax imposed on or measured by gross receipts, gross income, or gross profits; (ii) a business licence tax; (iii) a business and occupation tax; (iv) a franchise tax; (v) a single business tax or a capital stock tax; or (vi) any other tax imposed by a State on a business for the right to do business in that State or measured by the amount of, or economic results of, business or related activity conducted in that State. (B) The term ``other business activity tax'' does not include a transaction tax. (3) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, and any political subdivision thereof. SEC. 5. GENERAL MATTERS. (a) Rule of Construction.--The limitation on the power of a State imposed by section 3 does not affect any other limitation on that power imposed by other law. (b) Effective Date.--This Act applies with respect to taxable periods beginning on and after the first day of the first year that begins after the date of enactment of this Act.
Business Activity Tax Simplification Act of 2003 - Amends Federal law concerning the taxation of interstate commerce to expand the scope of the protections prohibiting taxation by jurisdictions of the income of out-of-state corporations whose in-state presence is nominal from just tangible personal property to include intangible property and services. Requires an out-of-state company to have a physical presence in a State before the State can impose franchise taxes, business license taxes, and other business activity taxes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Achievement Center Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) often affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most individuals with MS are diagnosed between the ages of 20 and 50. It is estimated that more than 400,000 individuals in the United States are living with MS. Individuals living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by informal, unpaid, caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The 4 primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. It is estimated that nearly 1,000,000 individuals live with Parkinson's disease and, of those individuals, 5 to 10 percent are diagnosed with the disease before age 60 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,400,000 new cases of TBI occur annually, resulting in disabilities affecting up to 90,000 individuals among a broad range of age groups. Traumatic brain injury is a serious issue that affects military service members. Estimates in prior military conflicts, indicate that TBI was present in 14 to 20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $306,000,000,000 in unpaid services annually. The current pool of potential family caregivers is dwindling, from 11 potential caregivers for each individual needing care today to a projected ratio of 4 potential caregivers for each such individual by 2050. (6) Recent studies indicate that the total estimated cost to employers for full-time employees with intensive caregiving responsibilities is $17,100,000,000 annually. The total estimated cost to employers for all full-time, employed caregivers is $33,600,000,000 annually. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, individuals with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward individuals living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions, provide an important response to the needs of individuals living with these conditions and the caregivers of such individuals. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) Adult day programs have been shown to provide a range of documented benefits, including improvements in functional status, social support, and reductions in fatigue, depression, and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are currently few adult day programs focused on younger adult populations in the United States. As a result, the majority of individuals living with neurological diseases are unable to access this important opportunity for maximizing their health and wellness. Although individuals living with neurological diseases or conditions may be able to access other existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, traumatic brain injury, and any other similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (C) evaluate the extent to which the Administration on Aging supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall prepare and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration on Aging a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including the functional abilities of such individuals and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with a neurological disease or condition such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar disease or condition. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary shall ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall prepare and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, and other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to the family caregivers of such individuals, and that may assist such individuals and family caregivers in ways that-- (A) maintain or improve the functional abilities of such individuals, or otherwise help such individuals adjust to changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such a disease or condition; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such a disease or condition. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--There are authorized to be appropriated, in addition to amounts otherwise made available for such purpose, such sums as may be necessary to carry out this section.
Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist them in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such a disease or condition; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such a disease or condition.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduation Really Achieves Dreams Act'' or the ``GRAD Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The national high school graduation rate is only 70 percent, and in urban districts that percentage drops further to only 50 percent. (2) The national graduation rate for the class of 2001 was only 51 percent for African Americans and 52 percent for Latino students. (3) Each school day, approximately 3,000 secondary school students drop out of school. (4) Six million secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (5) Approximately 25 percent of secondary school students are reading at ``below basic'' levels. The problem is even more severe for poor students of color. The average minority or low- income ninth grader performs at only the fifth or sixth grade level in reading. (6) Low graduation rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income students. (7) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4- year college students take a remedial course and 63 percent of all community college students are assigned to at least one remedial course. (8) A small percentage of low-income students who manage to enter college are able to complete a degree. Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a two- or four-year college degree within eight years. (9) Graduation rates impact early drop-out rates in the military. The attrition rates of both non-high school graduates and GED recipients are 8 percentage points higher than the rates of graduates. As a result, the Armed Services no longer accepts high school drop-outs and put less value on alternative certificates. (10) Students who fail to graduate from high school are more likely to engage in criminal activity than students who graduate. A one percent increase in high school graduation rates would save approximately $1.4 billion in costs associated with incarceration, or about $2,100 for each male high school graduate. (11) In today's workplace, nearly 8 in 10 adults with bachelors degrees are employed, but for those who completed high school only, the figure falls to about 6 in 10. And for students who dropped out, the figure drops further to 4 in 10. (12) Employment projections indicate that jobs requiring only a high school degree will grow by just 9 percent by the year 2008, while those requiring a bachelor's degree will grow by 25 percent and those requiring an associate's degree will grow by 31 percent. (13) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of high school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (14) Effective research-based education programs that improve high school graduation rates are comprehensive in nature and include interventions that begin in kindergarten and span all the grades through 12th. SEC. 3. PROJECT GRAD. (a) Purpose.--The purpose of the program authorized under this Act is-- (1) to provide support and assistance to programs implementing integrated education reform services to improve high school graduation and college going rates for disadvantaged students; and (2) to promote the establishment of new programs to implement such integrated education reform services. (b) Grant Authorized.--The Secretary is authorized to award a grant to Project GRAD USA, a nonprofit educational organization that has as its primary purpose the improvement of high school graduation and college going rates for disadvantaged students (hereinafter in this section referred to as the ``grantee''), to provide support and technical assistance to existing programs implementing the set of integrated education reform services described in subsection (d)(2) and to promote the expansion of such programs. (c) Requirements of Grant Agreement.--The Secretary shall enter into an agreement with the grantee that requires that-- (1) the grantee will enter into subcontracts with nonprofit educational organizations (hereinafter in this section referred to as ``subgrantees'') under which the subgrantees will agree to establish, operate, and provide the non-Federal share of the cost of implementing Project GRAD programs; (2) the grantee will provide such technical assistance to the subgrantees as may be necessary to carry out the provisions of this section; (3) funds made available under the grant can be used to pay the Federal share of the cost of establishing and operating programs as provided in paragraph (1) and costs associated with the provision of technical assistance as provided in paragraph (2); and (4) the grantee will select only subgrantees that serve a substantial number or percentage of low-income students. (d) Supported Programs.-- (1) Designation; feeder patterns.--The programs supported with funds available under this section shall be known as ``Project GRAD programs''. Such programs shall, with the agreement of the grantee, identify one or more groups of public schools at which services will be provided through establishing a ``feeder pattern'' through which elementary and secondary schools channel students having participated in Project GRAD services into an identified high school. (2) Integrated education reform services.--The services provided through project GRAD programs shall include-- (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs including a systematic approach to increase family and community involvement in the schools served; (C) a college access program, which includes the provision of a college scholarship for students that meet established criteria, proven approaches to increasing student and family college awareness, and assistance for those students in applying to college for financial aid; and (D) such other services identified by the grantee as necessary to increase high school graduation and college going rates. (e) Use of Funds.--Not less than 75 percent of the funds received by the grantee under this section shall be used to fund awards to subgrantees to carry out the requirements of subsection (d)(1). The balance of such funds shall be used by grantee to carry out the requirements of subsection (d)(2), as well as other such activities to promote greater public awareness of integrated education reform services to improve high school graduation and college going rates for disadvantaged students as described in subsection (d)(2). (f) Federal Share.-- (1) In general.--For purposes of subsection (c), the term ``Federal share'' means, with respect to the costs of Project GRAD programs authorized in subsection (c), subgrants provided by the grantee averaging $200 per pupil, adjusted to take into consideration the resources available to the school at which the subgrantee will implement the program, and the need for Project GRAD USA services to improve student outcomes. (2) Exception.--Nothing in this subsection shall preclude the awarding of subgrants reflecting a per student cost of more than $200 if the grantee determines that additional resources were not available consistent with the requirements placed on the grantee in subsection (c)(4). (3) More may be required.--If funds or resources are available to a subgrantee, the grantee may elect to award the subgrantee less than the Federal share of the cost associated with the program. (g) Evaluation.-- (1) Evaluation by the secretary.--The Secretary shall select an independent entity to evaluate every 3 years the performance of students who participate in a program under this section. The evaluation shall be contracted using the strongest possible research design for determining the effectiveness of programs funded under this section. The evaluation shall include a comparison of reading and mathematics achievement and, where applicable, high school graduation, college going, and college completion rates of students who participate in the programs funded under this section with those indicators for students of similar backgrounds who do not participate in such programs. (2) Evaluation by grantee and subgrantees.--The grantee shall require each subgrantee to prepare an in-depth report of the results of the programs supported with funds, and the use of funds, made available under this section. Such review shall include data on the reading and math achievement of students involved in the programs and statistics on high school graduation, college going, and college completion rates, and such financial reporting as deemed relevant to review the effectiveness and efficiency of the program. The report shall be in a form and include such content as shall be determined by the grantee in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD program. (3) Availability of evaluations.--Copies of any evaluation or report prepared pursuant to this section shall be available to the Secretary and the Chairman and ranking member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. (h) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $27,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (i) Low-Income Student.--For purposes of this section, the term ``low-income student'' means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(c) of the Elementary and Secondary Education Act of 1965.
Graduation Really Achieves Dreams Act - GRAD Act - Authorizes a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college-going rates for disadvantaged students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of low-income students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat data and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, and the Commercial Space Act of 1998 all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) even when aware of the utility of remote sensing and geospatial technologies in the area of wildland fire management to detect and monitor a wildland fire in real-time from the early stages of fire growth, many State, local, regional, and tribal agencies are hampered by a lack of overall strategy guiding interagency management of resources and technology, according to a September 2003 Government Accounting Office report; (10) remote sensing and other geospatial information, especially when used in a coordinated approach, can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in wildland fire management and environmental impact and disaster relief planning and management; (11) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (12) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sector through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; and (3) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management; and (3) State, local, regional, and tribal agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2008, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. COST SENSITIVITY STUDY. The Administrator shall conduct a study of the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. The study shall identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. Not later than 2 years after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of the study conducted under this section. SEC. 9. REPORT. Not later than 6 months after the date of enactment of this Act, the National Aeronautics and Space Administration shall submit to Congress a report on how agencies are implementing the recommendations contained in the September 2003 General Accounting Office report entitled ``Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2005 through 2009 to carry out this Act.
Remote Sensing Applications Act of 2004 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects. Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management; and (3) such agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation. Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project. (Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations. Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness. (Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database. (Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Requires the Administrator to study and transmit results to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. Requires such study to identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. (Sec. 9) Directs NASA to submit a report to Congress on how agencies are implementing recommendations contained in the General Accounting Office report entitled "Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain" (September 2003). (Sec. 10) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Rape Kit Database Act''. SEC. 2. NATIONAL RAPE KIT DATABASE. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish a public database on information on rape kits collected by Federal, State, and local law enforcement agencies. (b) Participation and Required Information.-- (1) Participation.-- (A) In general.--Each database-participating entity shall, in accordance with the requirements described in subsection (c), include in the database under subsection (a) all applicable information described in paragraph (2) on rape kits collected or tested by such entity. (B) Database-participating entity defined.--For purposes of this section, the term ``database- participating entity'' means-- (i) a Federal law enforcement agency; and (ii) for purposes of establishing compliance under subsection (d)-- (I) a State law enforcement agency; (II) a local law enforcement agency; and (III) a State or local laboratory owned by a State or unit of local government. (2) Required information.--Information described in this paragraph, with respect to a rape kit, includes-- (A) in the case of a database-participating entity that is a law enforcement entity-- (i) the date of the action constituting the basis for the collection of the rape kit; (ii) the city (or other appropriate geographic location) where such action occurred; (iii) the date of the entry into the database; (iv) the date evidence contained in the rape kit was collected; (v) the entity (including a law enforcement agency, laboratory, or other entity) that has possession of the rape kit; (vi) the processing status of the rape kit; and (vii) in the case of a backlogged case, whether the statute of limitations has expired; and (B) with respect to a database-participating entity that is a laboratory, updates on the processing status of the rape kit. (c) Required Terms for Inclusion of Information.--The requirements described in this paragraph, with respect to information included in the database under subsection (a) by a database-participating entity, are the following: (1) Limitation on scope of information.--No personally identifiable information (such as the name of the victim involved and the address and other contact information of such victim) shall be included in the database. (2) Unique id number and timing for inclusion of information.-- (A) In general.--Subject to paragraph (3) and subparagraph (B)-- (i) not later than 72 hours after the time at which a rape kit is first processed as evidence-- (I) a unique identification number shall be assigned to such rape kit; and (II) the database-participating entity in possession of the rape kit shall include in the database information on such rape kit described in subsection (b)(2) in a manner that identifies such information by such identification number; and (ii) not later than 72 hours after testing the rape kit, the database-participating entity conducting such testing shall update within the database the processing status of such rape kit. Any information related to such rape kit that is included in such database shall be identifiable within such database by such unique identification number. (B) Rape kits collected before establishment of database.--Subject to paragraph (3), in the case of a rape kit collected before the date of establishment of the database, a database-participating entity shall not be required to include in such database information on (or have a unique identification number assigned with respect to) such rape kit before such date that is 1 year after the date of the enactment of this Act. (3) Rape kits not included (or to follow a delayed inclusion) in registry.--With respect to a rape kit collected or tested by a database-participating entity, the following shall apply: (A) In the case that the rape kit relates to a case that the entity determines to be unfounded, or to a case in which the victim withdraws the victim's report-- (i) if such determination or withdrawal occurs-- (I) before the 72-hour deadline described in paragraph (2)(A)(i) (or has not otherwise been included in the database), information on such rape kit shall not be included in the database; or (II) after information on such rape kit has been entered into the database, such information shall be identified as inactive; and (ii) the entity shall include within the database the total number of such rape kits that were not so included in the database and identified as inactive. (B) In the case that the rape kit is collected from a victim who has not made to the law enforcement agency involved a police report on the action constituting the basis for the collection of the rape kit, the law enforcement agency shall not include information on such rape kit in the database until the date on which the victim makes such a report or, if sooner and allowed under applicable State law, until the date on which the agency commences an investigation related to such rape kit without such a victim report. (4) Method of inclusion of information.--The database- participating entity shall include information in the database through a secure Internet Web site. (d) Compliance.-- (1) Funding under debbie smith and byrne grant programs contingent on compliance.--For any fiscal year beginning after the date of the establishment of the database under subsection (a), a State or unit of local government shall not be eligible for Federal funding under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) or under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless such State or unit is in compliance with this section with respect to such fiscal year. (2) Determination of compliance.-- (A) In general.--A State or unit of local government is in compliance with this section with respect to a fiscal year if the State or unit provides to the Attorney General a certification described in subparagraph (B) for such fiscal year. (B) Certification.--A certification described in this subparagraph for a fiscal year is-- (i) in the case of a State, a certification that for such fiscal year-- (I) at least 75 percent of the State law enforcement agencies; (II) at least 75 percent of the local law enforcement agencies within the State; (III) 100 percent of the State laboratories owned by the State; and (IV) 100 percent of the local laboratories owned by units of local government within the State, included information, in accordance with this section, in the database under subsection (a) for substantially all rape kits collected or tested by such agency or laboratory; and (ii) in the case of a unit of local government, a certification that for such fiscal year the local law enforcement agency of the unit and the local laboratory owned by the unit, as applicable, included information, in accordance with this section, in the database under subsection (a) for substantially all rape kits collected or tested by such agency or laboratory. (e) Public Access.--The database established under subsection (a) shall be made available to the public and shall be made available in a manner that allows the comparison of information and processing of such information to generate trends. (f) Technical Assistance.--The Attorney General shall provide for-- (1) assistance to database-participating entities that do not have access to the Internet in order to enable such entities to participate under this section; and (2) a helpdesk and technical assistance for database- participating entities to participate under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary for each of fiscal years 2011 through 2016 to carry out this section. (h) Definitions.--For purposes of this section: (1) Rape kit.--The term ``rape kit'' means a sexual assault forensics evidence collection kit. (2) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (i) Conforming Amendments.-- (1) Conditioning receipt of debbie smith dna backlog grant program funds on participation in national rape kit database.-- Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(b)) is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and'' ; and (C) by adding at the end the following: ``(8) for grants for fiscal years beginning after the date of the establishment of the database established under subsection (a) of section 2 of the National Rape Kit Database Act, specify that the State or unit of local government is in compliance with such section, as determined under subsection (d)(2) of such section.''. (2) Conditioning receipt of edward byrne memorial justice assistance grant program funds on participation in national rape kit database.--Section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended by adding at the end the following new paragraph: ``(6) For grants for fiscal years beginning after the date of the establishment of the database established under subsection (a) of section 2 of the National Rape Kit Database Act, a certification under subsection (d)(2) of such section that the State or unit of local government is in compliance with such section.''.
National Rape Kit Database Act - Requires the Attorney General to: (1) establish a publicly available database on information on rape kits collected by federal, state, and local law enforcement agencies; and (2) provide technical assistance to such agencies to enable participation in the database. Defines "rape kit" to mean a sexual assault forensics evidence collection kit. Requires certain information to be included in such database by law enforcement agencies and laboratories with respect to a rape kit, including: (1) the date of the action constituting the basis for the collection of the rape kit; (2) the city or locality where such action occurred; (3) the date of the entry into the database; (4) the entity that has possession of the rape kit; and (5) the processing status of the rape kit and whether the statute of limitations has expired (for a backlogged case). Prohibits the disclosure in a rape kit of the personally identifiable information of a sexual assault victim (e.g., name, address, or contact information). Denies grant funds under the DNA Analysis Backlog Elimination Act of 2000 and the Edward Byrne Memorial Justice Assistance Grant Program to states that fail to comply with the requirements of this Act.
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SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS ``9001. Adoption benefits. ``Sec. 9001. Adoption benefits ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) an agency in the judicial branch; and ``(C) an agency in the legislative branch (other than any included under subparagraph (A)); ``(2) the term `employee' does not include any individual who, pursuant to the exercise of any authority under section 8913(b), is excluded from participating in the health insurance program under chapter 89; and ``(3) the term `adoption expenses', as used with respect to a child, means any reasonable and necessary expenses directly relating to the adoption of such child, including-- ``(A) fees charged by an adoption agency; ``(B) placement fees; ``(C) legal fees; ``(D) counseling fees; ``(E) medical expenses, including those relating to obstetrical care for the biological mother, medical care for the child, and physical examinations for the adopting parent or parents; ``(F) foster-care charges; and ``(G) transportation expenses. ``(b) The head of each agency shall by regulation establish a program under which any employee of such agency who adopts a child shall be reimbursed for any adoption expenses incurred by such employee in the adoption of such child. ``(c) Under the regulations, reimbursement may be provided only-- ``(1) after the adoption becomes final, as determined under the laws of the jurisdiction governing the adoption; ``(2) if, at the time the adoption becomes final, the child is under 18 years of age and unmarried; and ``(3) if appropriate written application is filed within such time, complete with such information, and otherwise in accordance with such procedures as may be required. ``(d)(1) Reimbursement for an employee under this section with respect to any particular child-- ``(A) shall be payable only if, or to the extent that, similar benefits paid (or payable) under one or more programs established under State law or another Federal statute have not met (or would not meet) the full amount of the adoption expenses incurred; and ``(B) may not exceed $2,000. ``(2)(A) In any case in which both adopting parents are employees eligible for reimbursement under this section, each parent shall be eligible for an amount determined in accordance with paragraph (1), except as provided in subparagraph (B). ``(B) No amount shall be payable under this section if, or to the extent that, payment of such amount would cause the sum of the total amount payable to the adoptive parents under this section, and the total amount paid (or payable) to them under any program or programs referred to in paragraph (1)(A), to exceed the lesser of-- ``(i) the total adoption expenses incurred; or ``(ii) $4,000. ``(3) The guidelines issued under subsection (g) shall include provisions relating to interagency cooperation and other appropriate measures to carry out this subsection. ``(e) Any amount payable under this section shall be paid from the appropriation or fund used to pay the employee involved. ``(f) An application for reimbursement under this section may not be denied based on the marital status of the individual applying. ``(g)(1) The Office of Personnel Management may issue any general guidelines which the Office considers necessary to promote the uniform administration of this section. ``(2) The regulations prescribed by the head of each Executive agency under this section shall be consistent with any guidelines issued under paragraph (1). ``(3) Upon the request of any agency, the Office may provide consulting, technical, and any other similar assistance necessary to carry out this section.''. (b) Conforming Amendments.--(1) The heading of subpart G of part III of title 5, United States Code, is amended to read as follows: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''. (2) The analysis for part III of title 5, United States Code, is amended-- (A) by striking the item relating to subpart G and inserting in lieu thereof the following: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and (B) by adding after the item relating to chapter 89 the following: ``90. Miscellaneous Employee Benefits....................... 9001''. SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) Section 9001 of title 5 shall apply to the Postal Service. Regulations prescribed by the Postal Service to carry out this subsection shall be consistent with any guidelines issued under subsection (g)(1) of such section.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on October 1, 1993, and shall apply with respect to any adoption which becomes final (determined in the manner described in section 9001(c)(1) of title 5, United States Code, as added by this Act) on or after that date.
Requires the head of each Federal agency (including the U.S. Postal Service) to establish a program under which agency employees shall, under certain circumstances, be reimbursed for expenses incurred in the adoption of a child. Prohibits the denial of a reimbursement from being based on the applicant's marital status.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Infrastructure Act of 2001''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE ASSISTANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45E. EMPLOYER-PROVIDED CHILD CARE CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided child care credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 25 percent of the qualified child care expenditures, and ``(2) 10 percent of the qualified child care resource and referral expenditures, of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified child care expenditure.-- ``(A) In general.--The term `qualified child care expenditure' means any amount paid or incurred-- ``(i) to acquire, construct, rehabilitate, or expand property-- ``(I) which is to be used as part of a qualified child care facility of the taxpayer, ``(II) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable, and ``(III) which does not constitute part of the principal residence (within the meaning of section 121) of the taxpayer or any employee of the taxpayer, ``(ii) for the operating costs of a qualified child care facility of the taxpayer, including costs related to the training of employees, to scholarship programs, and to the providing of increased compensation to employees with higher levels of child care training, ``(iii) under a contract with a qualified child care facility to provide child care services to employees of the taxpayer, or ``(iv) to reimburse an employee for expenses for child care which enables the employee to be gainfully employed including expenses related to-- ``(I) day care and before and after school care, ``(II) transportation associated with such care, and ``(III) before and after school and holiday programs including educational and recreational programs and camp programs. ``(B) Fair market value.--The term `qualified child care expenditures' shall not include expenses in excess of the fair market value of such care. ``(2) Qualified child care facility.-- ``(A) In general.--The term `qualified child care facility' means a facility-- ``(i) the principal use of which is to provide child care assistance, and ``(ii) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Clause (i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility. ``(B) Special rules with respect to a taxpayer.--A facility shall not be treated as a qualified child care facility with respect to a taxpayer unless-- ``(i) enrollment in the facility is open to employees of the taxpayer during the taxable year, ``(ii) if the facility is the principal trade or business of the taxpayer, at least 30 percent of the enrollees of such facility are dependents of employees of the taxpayer, and ``(iii) the use of such facility (or the eligibility to use such facility) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(3) Qualified child care resource and referral expenditure.-- ``(A) In general.--The term `qualified child care resource and referral expenditure' means any amount paid or incurred under a contract to provide child care resource and referral services to an employee of the taxpayer. ``(B) Nondiscrimination.--The services shall not be treated as qualified unless the provision of such services (or the eligibility to use such services) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(d) Recapture of Acquisition and Construction Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified child care facility of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified child care expenditures of the taxpayer described in subsection (c)(1)(A) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Years 1-3............................ 100 Year 4............................... 85 Year 5............................... 70 Year 6............................... 55 Year 7............................... 40 Year 8............................... 25 Years 9 and 10....................... 10 Years 11 and thereafter.............. 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified child care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified child care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified child care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified child care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (c)(1)(A), the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If, during any taxable year, there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the employer-provided child care credit determined under section 45E.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45E. Employer-provided child care credit.'' (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) in the case of a facility with respect to which a credit was allowed under section 45E, to the extent provided in section 45E(f)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Child Care Infrastructure Act of 2001 - Amends the Internal Revenue Code to allow an employer-provided child care credit for qualified expenses to: (1) build, rehabilitate, or expand a qualified child care facility; (2) operate a qualified child care facility; (3) contract with a qualified child care facility to provide child care services to employees; or (4) reimburse an employee for expenses for child care which enables the employee to be gainfully employed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Protection Act of 2000''. TITLE I--PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION IN NATIONAL PRACTITIONER DATA BANK SEC. 101. PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION. (a) In General.--Part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) is amended by inserting after section 427 the following section: ``SEC. 428. PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION. ``(a) In General.--Not later than January 31, 2001, the Secretary, notwithstanding any other provision of this part, shall in accordance with this section promulgate regulations under which the public may, through the method described in subsection (c), obtain information reported under this part on physicians. ``(b) Limitations.--The following information on a physician may not under subsection (a) be made available to the public: ``(1) Information disclosing the identity of any patient involved in the incidents involved. ``(2) The home address of the physician. ``(3) The social security account number of the physician. ``(4) The date of birth of the physician. ``(5) The number assigned to the physician by the Drug Enforcement Administration. ``(6) The name, title, and telephone number of the official with responsibility for submitting the report on behalf of the entity. ``(c) Use of Internet.--For purposes of subsection (a), the method described in this subsection is to make the information involved available to the public, without charge, through the telecommunications medium known as the World Wide Web of the Internet. The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall provide for the establishment of a site on such medium, and shall update the information maintained through such medium not less frequently than monthly. ``(d) Statement of Physician.--Regulations under subsection (a) shall require that each disclosure under such subsection include any statement that was submitted under section 426(b) by the physician involved. ``(e) Context of Disclosed Information on Medical Malpractice Payments.--With respect to information reported under section 421 on a physician, regulations under subsection (a) shall require that a disclosure of a report under such section be accompanied by supplemental information in accordance with the following: ``(1) For each State for which such a report is made on the physician: ``(A) The information under section 421 shall be presented in context by comparing the physician involved to the experiences of other physicians in the same specialty in the same State. ``(B) In disclosing the amount of the payment reported under section 421(b)(2): ``(i) The amount shall be presented in context by categorizing the amount in a manner that indicates the level of significance of the payment in relation to amounts reported under such section for other physicians in the same specialty in the same State. For such purposes, there shall be a minimum of three graduated categories. ``(ii) The disclosure shall state whether the amount was made in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim.) ``(2) A statement providing that a payment made pursuant to a medical malpractice action or claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. ``(3) A statement providing that a payment made pursuant to a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred. ``(4) A statement providing that some physicians work primarily with high risk patients, and such physicians may have numbers of medical malpractice actions or claims that are higher than average for their specialties because they specialize in cases or patients who are at very high risk for medical problems. ``(5) A statement providing that-- ``(A) malpractice histories tend to vary by specialty, and some specialties are more likely than others to be the subject of litigation, and ``(B) the disclosure and accompanying information compare physicians only to the members of their specialty, not to all physicians, in order to make an individual physician's history more meaningful. ``(6) A statement providing that-- ``(A) malpractice histories tend to vary by State, and due to variations in State laws, physicians in some States are more likely than those in other States to be the subject of litigation, and ``(B) the disclosure and accompanying information compare physicians only to other physicians within a given State, not to all physicians, in order to make an individual physician's history more meaningful. ``(f) Context of Disclosed Information Regarding Criminal Acts.-- With respect to information that under section 422(c) or 424A is reported on a physician, regulations under subsection (a) shall require that a disclosure of a report under such a section be accompanied by a statement providing that the disclosure may fail to provide all crime- related information on the physician because the availability of such information depends in part on State laws and in part on self-reporting by physicians.''. (b) Disclosure.--Section 427(b)(1) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11137(b)(1)) is amended by striking ``Information reported'' and inserting ``Except for the disclosure of information authorized by this title, information reported''. (c) Fees.--Section 427(b) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11137(b)) is amended by striking paragraph (4). TITLE II--REPORTING REQUIREMENTS REGARDING NATIONAL PRACTITIONER DATA BANK SEC. 201. REQUIRING REPORTS ON MEDICAL MALPRACTICE PAYMENTS. Section 421(b) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131(b)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); (2) in paragraph (4), by striking ``and'' after the comma at the end; and (3) by inserting after paragraph (4) the following paragraph: ``(5) in the case of a physician-- ``(A) the medical field of the physician, including the medical specialty, ``(B) the date on which the physician was first licensed in the medical field and specialty, and the number of years the physician has been practicing in such field and specialty, and ``(C) the professional license number of the physician, and the name of the State in which the license is held, and''. SEC. 202. REPORTING OF SANCTIONS TAKEN BY BOARDS OF MEDICAL EXAMINERS. (a) In General.--Section 422(a) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11132(a)) is amended-- (1) in paragraph (1)(A), by striking ``which revokes or suspends'' and inserting ``which denies, revokes, or suspends''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``(if known)'' and all that follows and inserting ``for the action described in paragraph (1)(A) that was taken with respect to the physician or, if known, for the surrender of the license,''; (B) by redesignating subparagraph (C) as subparagraph (F); (C) by inserting after subparagraph (B) the following subparagraphs: ``(C) the medical field of the physician, including the medical specialty, ``(D) the date on which the physician was first licensed in the medical field and specialty, and the number of years the physician has been practicing in such field and specialty, and ``(E) the professional license number of the physician, and the name of the State in which the license is held, and''. (b) Criminal Acts of Physicians.--Section 422 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11132) is amended by adding at the end the following subsection: ``(c) Criminal Acts of Physicians.-- ``(1) In general.--Each Board of Medical Examiners shall report, in accordance with section 424, the information described in paragraph (2), to the extent that the information is collected by such Board. ``(2) Information to be reported.--With respect to the Board of Medical Examiners of a State, the information to be reported under paragraph (1) is as follows: ``(A) A description of felony convictions of physicians in courts of the State or other States. ``(B) A description of such misdemeanor convictions of physicians in such courts as in the Secretary's discretion may reflect on quality health matters. ``(C) A description of any criminal charges in such courts to which the physician pled nolo contendere.''. (c) Contextual Information Regarding Disclosures of Physician Information.--Section 422 of the Health Care Quality Improvement Act of 1986, as amended by subsection (b) of this section, is amended by adding at the end the following subsection: ``(d) Contextual Information Regarding Disclosures of Physician Information.--Each Board of Medical Examiners shall, in accordance with section 424, report to the Secretary such information as the Secretary may request from the Board for purposes of assisting the Secretary in making disclosures in accordance with section 428(e), to the extent that such information is collected by such Board.''. (d) Conforming Amendment.--Subsections (a) and (b) of section 424 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11134) are each amended by striking ``section 422(a)'' and inserting ``section 422''. SEC. 203. REPORTING OF CERTAIN PROFESSIONAL REVIEW ACTIONS TAKEN BY HEALTH CARE ENTITIES. (a) In General.--Section 423(a)(3) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133(a)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' after ``surrender,''; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following subparagraph: ``(C) in the case of a physician-- ``(i) the medical field of the physician, including the medical specialty, ``(ii) the date on which the physician was first licensed in the medical field and specialty, and the number of years the physician has been practicing in such field and specialty, and ``(iii) the professional license number of the physician, and the name of the State in which the license is held, and''. (b) Applicability of Requirements to Federal Entities.-- (1) In general.--Section 423 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133) is amended by adding at the end the following subsection: ``(e) Applicability to Federal Facilities and Physicians.-- ``(1) In general.--Subsection (a) applies to Federal health facilities (including hospitals) and actions by such facilities regarding the competence or professional conduct of Federal physicians to the same extent and in the same manner as such subsection applies to health care entities and professional review actions. ``(2) Relevant board of medical examiners.--For purposes of paragraph (1), the Board of Medical Examiners to which a Federal health facility is to report is the Board of Medical Examiners of the State within which the facility is located.''. (2) Conforming amendment.--Section 432 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11152) is amended-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). SEC. 204. PHYSICIAN SELF-REPORTING REGARDING FELONY CONVICTIONS. Part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) is amended by inserting after section 424 the following section: ``SEC. 424A. PHYSICIAN SELF-REPORTING REGARDING FELONY CONVICTIONS. ``(a) In General.--Each physician shall report, in accordance with subsection (b), each felony conviction of the physician. ``(b) Form of Reporting.--The information required to be reported under subsection (a) shall-- ``(1) be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes, and ``(2) be reported to the Secretary, or, in the Secretary's discretion, to the agency described in section 424(b). ``(c) Sanctions for Failure To Report.--Any physician who fails to report information on a felony conviction required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such failure to report. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A of the Social Security Act are imposed and collected under that section.''. SEC. 205. NOTICE TO PRACTITIONERS; CORRECTION OF INFORMATION. Section 426 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11136) is amended-- (1) by inserting ``(a) In General.--'' before ``With respect to''; (2) in subsection (a) (as so designated), in paragraph (1), by striking ``, upon request,''; and (3) by adding at the end the following subsection: ``(b) Statement of Practitioner.-- ``(1) In general.--With respect to information reported under this part, if the physician or other licensed health care practitioner involved submits to the Secretary a statement regarding the information so reported, the statement shall be made a part of the report involved, subject to paragraph (2). Such a statement may be made at any time, and may be revised. ``(2) Length of statement.--Paragraph (1) applies to a statement by a physician or other licensed health care practitioner only if the statement does not exceed 4,000 characters, including spaces and punctuation. ``(3) Notice.--In carrying out subsection (a)(1), the Secretary shall inform the practitioner involved that a statement under paragraph (1) may be submitted, and that the statement is subject to the limitation described in paragraph (2).''. TITLE III--DUTY TO OBTAIN INFORMATION SEC. 301. DUTY OF HOSPITALS TO OBTAIN INFORMATION. Section 425 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11135) is amended by adding at the end the following subsection: ``(d) Applicability to Federal Hospitals.--This section applies to Federal hospitals to the same extent and in the same manner as such subsection applies to other hospitals.''. SEC. 302. DUTY OF BOARDS OF MEDICAL EXAMINERS TO OBTAIN INFORMATION. Part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) is amended by inserting after section 425 the following section: ``SEC. 425A. DUTY OF BOARDS OF MEDICAL EXAMINERS TO OBTAIN INFORMATION. ``(a) In General.--Effective six months after the date of the enactment of the Patient Protection Act of 2000, it is the duty of each Board of Medical Examiners to request from the Secretary (or the agency designated under section 424(b)) information reported under this part concerning a physician-- ``(1) at the time the physician submits the initial application for a physician's license in the State involved, and ``(2) at each time the physician submits an application to continue in effect the license. A Board of Medical Examiners may request information reported under this part concerning a physician at other times. ``(b) Failure To Obtain Information.--With respect to an action for mandamus or other cause of action against a Board of Medical Examiners, a Board which does not request information respecting a physician as required under subsection (a) is presumed to have knowledge of any information reported under this part to the Secretary with respect to the physician. ``(c) Reliance on Information Provided.--With respect to a cause of action against a Board of Medical Examiners, each Board of Medical Examiners may rely upon information provided to the Board under this title, unless the Board has knowledge that the information provided was false.''. TITLE IV--GENERAL PROVISIONS SEC. 401. REQUEST OF BOARD OF MEDICAL EXAMINERS REGARDING PHYSICIAN INFORMATION IN NATIONAL PRACTITIONER DATA BANK. Section 427(a) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11137(a)) is amended by adding at the end the following: ``The Secretary (or the agency designated under section 424(b)) shall, upon request, provide the Board of Medical Examiners of a State a summary of information reported under this part on physicians who are licensed in that State. For each physician included in such a summary, the summary shall at a minimum provide the name, address, total number of reports of such information, and the number of reports for each report type.''. SEC. 402. REGULATIONS; EFFECTIVE DATE. The Secretary of Health and Human Services shall promulgate a final rule to implement the amendments made by this Act not later than January 31, 2001. Such amendments take effect 30 days after the date on which such final rule is promulgated.
Title II: Reporting Requirements Regarding National Practitioner Data Bank - Requires the inclusion, within certain reports required for such Data Bank, of information regarding the physician's medical field, date of licensing and years of experience, and professional license number. Requires each State Board of Medical Examiners to report criminal acts of physicians. Requires each physician to report, for the Data Bank, each felony conviction and sets forth sanctions for failure to report. Title III: Duty to Obtain Information - Requires Federal hospitals and State Boards of Medical Examiners to obtain physician information required under this Act. Title IV: General Provisions - Requires the Secretary, on request, to provide State Boards of Medical Examiners a summary of information reported in the Data Bank on physicians licensed in that State.
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SECTION 1. SHORT TITLE. This Act may be referred to as the ``Liberian Refugee Immigration Fairness Act of 2001''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2003; and (ii) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Attorney General finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) two or more crimes involving moral turpitude. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1), if otherwise qualified under that paragraph. Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2001, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that, if such application is pending for a period exceeding 180 days and has not been denied, the Attorney General shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Attorney General shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--Whenever an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in the Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.
Liberian Refugee Immigration Fairness Act of 2001 - Provides for the permanent resident status adjustment of certain Liberian nationals.
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SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) Definitions.--For the purposes of this Act-- (1) the term ``agency'' means the Agency for International Development; (2) the term ``Administrator'' means the Administrator, Agency for International Development; and (3) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months, but does not include-- (A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of chapter 83 (except for section 8336(d)(2)) or chapter 84 (except for section 8414(b)(1)(B)) of title 5, United States Code, or corresponding provisions of another retirement system for employees of the agency; (B) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A); (D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation; (E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment; (G) an employee covered by statutory reemployment rights who is on transfer to another organization; or (H) any employee who, during the 24-month period preceding the date of separation, received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12-month period preceding the date of separation, received a retention allowance under section 5754 of such title 5. (b) Agency Strategic Plan.-- (1) In general.--The Administrator, before obligating any resources for voluntary separation incentive payments under this Act, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.--The agency's plan shall include-- (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; (B) the number and amounts of voluntary separation incentive payments to be offered; and (C) a description of how the agency will operate without the eliminated positions and functions. (c) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--A voluntary separation incentive payment under this Act may be paid by the agency to not more than 100 employees of such agency and only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.--A voluntary separation incentive payment under this Act-- (A) shall be paid in a lump sum after the employee's separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of-- (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or (ii) an amount determined by the agency head not to exceed $25,000; (D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) before February 1, 1997; (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this Act. (2) Definition.--For the purpose of paragraph (1), the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.--An individual who has received a voluntary separation incentive payment under this Act and accepts any employment for compensation with the Government of the United States, or who works for any agency of the Government of the United States through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) Reduction of Agency Employment Levels.-- (1) In general.--The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this Act. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) Enforcement.--The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Directs the Administrator of the Agency for International Development (AID), before obligating any resources for voluntary separation incentive payments, to submit to specified congressional committees a strategic plan outlining the intended use of such payments and a proposed organizational chart for the agency once they have been completed. Authorizes lump sum payments of up to $25,000 each to no more than 100 AID employees to the extent necessary to eliminate the positions and functions identified by the strategic plan. Requires AID to deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation incentive payment is paid. Requires repayment of any voluntary separation incentive payment by an individual who accepts any subsequent employment with the Government within five years after the date of separation. Mandates a reduction in total full-time equivalent positions of AID by one for each employee receiving a voluntary separation incentive payment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Bailout Protection Act of 2011''. SEC. 2. TAXPAYER PROTECTION AT THE FHA. (a) Mutual Mortgage Insurance Fund.--Section 205 of the National Housing Act (12 U.S.C. 1711) is amended by adding at the end the following: ``(g) Taxpayer Protection.-- ``(1) In general.--In order to protect the taxpayers of the United States from financial responsibility for any obligations of the Mutual Mortgage Insurance Fund (referred to in this subsection as the `Fund'), the Secretary shall take all available actions and use all available methods authorized under law to ensure that, not later than 2 years after the date of enactment of this subsection, the Fund attains the capital ratio required under subsection (f)(2) and to ensure that the Fund maintains a capital ratio that is not less than the capital ratio required under subsection (f)(2) thereafter, including-- ``(A) the authority to increase insurance premiums charged under this title for mortgages that are obligations of the Fund; ``(B) the authority to establish more stringent underwriting standards for mortgages described in subparagraph (A); and ``(C) the authority to increase the amount of cash or its equivalent required to be paid on account of the property subject to a mortgage described in subparagraph (A). ``(2) Use of authority to prevent bailout of fund.--The Secretary shall take the actions required under paragraph (3), if-- ``(A) the Fund fails to-- ``(i) attain a capital ratio of 2 percent on the date described in paragraph (1); or ``(ii) maintain such capital ratio after the date described in paragraph (1); or ``(B) the expected claims rate of the Fund as set forth in the quarterly independent actuarial study required under section 202(a)(4) is 10.0 or higher. ``(3) Required actions.--The actions required under this paragraph are-- ``(A) increasing the annual insurance premiums for mortgages that are obligations of the Fund to the maximum extent otherwise permitted under law, until the date on which the Fund achieves a capital ratio of 2 percent; and ``(B) until the date on which the Fund achieves a capital ratio of 2 percent, charging an additional risk-based annual insurance premium for mortgages that are obligations of the Fund having a loan-to-value ratio that is 95 percent or greater, in an amount that is-- ``(i) proportionate to the risk the mortgages pose to the Fund; and ``(ii) consistent with the amount of insurance premiums charged by the private sector with respect to similar mortgages.''. (b) Indemnification by Mortgagees.--Section 202 of the National Housing Act (12 U.S.C. 1708) is amended by adding at the end the following: ``(i) Indemnification by Mortgagees.-- ``(1) In general.--If the Secretary determines that a mortgage executed by a mortgagee approved by the Secretary under the direct endorsement program or insured by a mortgagee pursuant to the delegation of authority under section 256 was not originated or underwritten in accordance with the requirements established by the Secretary, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary shall require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss. ``(2) Fraud or misrepresentation.--If fraud or misrepresentation was involved in connection with the origination or underwriting, the Secretary shall require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss regardless of when an insurance claim is paid. ``(3) Requirements and procedures.--The Secretary shall issue regulations establishing appropriate requirements and procedures governing the indemnification of the Secretary by the mortgagee, including public reporting on-- ``(A) the number of loans that-- ``(i) were not originated or underwritten in accordance with the requirements established by the Secretary; and ``(ii) involved fraud or misrepresentation in connection with the origination or underwriting; and ``(B) the financial impact on the Mutual Mortgage Insurance Fund when indemnification is required.''. (c) Early Term Delinquencies.--Section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) is amended by adding at the end the following: ``(8) Indemnification.--The Secretary shall take any actions required to seek indemnification for any early term delinquency on a mortgage which-- ``(A) is an obligation of the Mutual Mortgage Insurance Fund; and ``(B) at the time of origination of the mortgage was not in compliance with any provision, regulation, or other guideline established or promulgated pursuant to this title. ``(9) Programmatic review of delinquencies.--The Secretary shall establish and maintain a program-- ``(A) to review the cause of each early term delinquency on a mortgage described under paragraph (8); ``(B) to require indemnification of any such early term delinquency that did not meet the guidelines and requirements set forth pursuant to this section prior to origination; and ``(C) to publicly report-- ``(i) the results of all early term delinquencies reviewed under subparagraph (A); and ``(ii) if indemnification is required under subparagraph (B), the financial impact on the Mutual Mortgage Insurance Fund of the indemnification. ``(10) Definition of early term delinquency.--For purposes of this section, the term `early term delinquency' means any loan that becomes delinquent or that is in default within 24 months of the origination of such loan.''. SEC. 3. ANNUAL ACTUARIAL STUDY AND QUARTERLY REPORTS ON MUTUAL MORTGAGE INSURANCE FUND. Section 202(a)(4) of the National Housing Act (12 U.S.C. 1708(a)(4)) is amended-- (1) in the heading, by striking ``annual'' and inserting ``quarterly''; (2) in the first sentence, by striking ``annually'' and inserting ``quarterly''; (3) in the second sentence, by striking ``such studies'' and inserting ``each study conducted under the preceding sentence during the preceding year''; and (4) by adding at the end the following: ``Each report shall include a calculation of the claims rate for the Fund for each of the 3 preceding quarters and the expected claims rate for the Fund for each of the 3 subsequent quarters.''. SEC. 4. PROHIBITION ON TAXPAYER BAILOUT OF FHA. Section 505(c) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d(c)) is amended-- (1) by striking ``The Secretary of the Treasury shall borrow'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary of the Treasury shall borrow''; and (2) by adding at the end the following: ``(2) Exception.--The Secretary of the Treasury may not enter into a transaction under this subsection with the Mutual Mortgage Insurance Fund established under section 202 of the National Housing Act (12 U.S.C. 1708).''.
FHA Bailout Protection Act of 2011 - Amends the National Housing Act (NHA) to direct the Secretary of Housing and Urban Development (HUD) to take action to ensure that the Mutual Mortgage Insurance Fund attains and maintains a capital ratio of at least 2%. Includes among such actions: (1) increasing mortgage insurance premiums, (2) establishing more stringent underwriting standards, and (3) increasing the amount of cash (or its equivalent) required to be paid on account of the property subject to a mortgage. Directs the Secretary to raise annual insurance premiums and charge an additional risk-based annual insurance premium if: (1) the Fund fails to attain a capital ratio of 2% by a specified date or maintain it, or (2) the Fund's expected claims rate as set forth in the quarterly independent actuarial study is 10.0 or higher. Directs the Secretary to require a mortgagee to indemnify HUD for losses resulting from payment of an insurance claim with respect to a mortgage: (1) executed under the direct endorsement program or insured by the mortgagee pursuant to a delegation of authority, but (2) not originated or underwritten in accordance with HUD requirements. Requires indemnification also in the event that fraud or misrepresentation was involved in an origination or underwriting. Directs the Secretary of HUD to take any actions required to seek indemnification for any early term delinquency on a mortgage which: (1) is an obligation of the Mutual Mortgage Insurance Fund; and (2) at the time of origination was not in compliance with NHA requirements. Directs the Secretary of HUD to establish a program to review the cause of each early term delinquency on such a mortgage. Converts from annual to quarterly the frequency of an independent actuarial study of the Mutual Mortgage Insurance Fund. Amends the Federal Credit Reform Act of 1990 to prohibit the Secretary of the Treasury from entering into specified transactions with the Mutual Mortgage Insurance Fund.
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SECTION 1. FINDINGS. Congress finds the following: (1) The United States has been involved militarily, and with nation building and reconstruction, in the Islamic Republic of Afghanistan since 2001. (2) The United States military engagement in Afghanistan began in 2001 under a congressional authorization for the use of military force against ``those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.''. (3) On October 2, 2011, United States Navy Seals killed Osama Bin Laden, the head of Al-Qaeda, the terrorist organization responsible for the September 11, 2001, attacks on the United States. (4) Since 2001, the United States military and its coalition partners have killed or captured tens of thousands of Al Qaeda, Taliban, and other insurgents in Afghanistan. (5) In 2014, the United States announced the end of 13 years of combat operations in Afghanistan. (6) The war in Afghanistan is the longest war in American history. (7) According to the Department of Defense, since 2001, 2,216 United States service members have been killed in Afghanistan, and over 20,049 service members have been wounded. (8) Since 2001, 150 coalition personnel, including United States service members, have been killed by the Afghan security forces personnel that American taxpayers are paying to train. Another 189 service members have been wounded. (9) Over the past 15 years, nearly $800 billion of United States taxpayers' money has been spent on Afghanistan. (10) The Special Inspector General for Afghanistan Reconstruction (SIGAR), John Sopko, has documented billions of dollars of waste, fraud, and abuse of American taxpayers hard- earned money in Afghanistan, which continues to this day. For example: (A) According to a 2016 USA Today article entitled ``Report cites wasted Pentagon money in Afghanistan'', among the more egregious examples of boondoggles Sopko cited included ``importing rare blond Italian goats to boost the cashmere industry''. The $6 million program included shipping nine male goats to western Afghanistan from Italy, setting up a farm, lab, and staff to certify their wool. (B) An ongoing SIGAR investigation found that American taxpayers are paying as many as 200,000 fictitious Afghan ``ghost'' soldiers, potentially costing hundreds of millions of dollars annually. (11) On May 1, 2012, Afghan President Hamid Karzai and United States President Barack Obama signed the ``Enduring Strategic Partnership Agreement between the Islamic Republic of Afghanistan and the United States of America'', which committed the United States to supporting the social and economic development, and security, of Afghanistan for at least 10 years. The agreement was submitted to the Afghan Parliament, which approved it. However, the agreement was never submitted to, voted on, or approved by the Congress of the United States. (12) The United States continues to maintain a military presence of 8,400 troops in Afghanistan, and continues to annually spend roughly $43 billion of American taxpayers' money there. That money funds, among other things, America's 15-year- long effort to train and equip Afghan military and police forces, as well as a variety of reconstruction and foreign aid programs. (13) General Charles Krulak, 31st Commandant of the United States Marine Corps, has stated, ``Attempting to find a true military and political answer to the problems in Afghanistan would take decades, not years, and drain our nation of precious resources . . . with the most precious being our sons and daughters. Simply put, the U.S. cannot solve the Afghan problem . . . no matter how brave and determined our troops are.''. (14) In a January 2017 article in the Wall Street Journal, Hamid Karzai, former President of the Islamic Republic of Afghanistan from 2004 to 2014, stated, ``The fact is that the U.S. presence in Afghanistan has not brought security to us. It has caused more extremism.''. (15) There has never been a full debate in Congress on whether to continue the United States engagement in Afghanistan. SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR ACTIVITIES IN AFGHANISTAN. (a) In General.--No funds may be made available for activities in Afghanistan after the date that is one year after the date of the enactment of this Act. (b) Exceptions.--The prohibition in subsection (a) shall not apply with respect to-- (1) operations of the United States Embassy in Afghanistan; or (2) intelligence gathering activities. (c) Waiver.--The prohibition in subsection (a) may be waived on a case-by-case basis if-- (1) the President submits to Congress a certification that the availability of funds for the activities described in subsection (a) is in the national interests of the United States; and (2) Congress, within 30 days after receipt of a certification under paragraph (1), enacts a joint resolution authorizing the availability of funds for the activities described in subsection (a). (d) Expedited Procedures.--A joint resolution described in subsection (c)(2) and introduced within the appropriate 30-day period shall be considered in the Senate and House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1935), except that in applying and administering such paragraphs-- (1) references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively; and (2) paragraph (5)(B) of such section 8066(c) shall be applied and administered by substituting ``not less than eight hours but not more than ten hours'' for ``not more than ten hours''.
This bill prohibits making funds available for activities in Afghanistan after one year following enactment of this bill. Such prohibition shall not apply to: (1) operations of the U.S. Embassy in Afghanistan, or (2) intelligence gathering activities. Such prohibition may be waived on a case-by-case basis if: (1) the President submits to Congress a certification that the availability of funds for such activities is in U.S. national interests; and (2) Congress, within 30 days after receipt of such certification, enacts a joint resolution authorizing the availability of funds for such activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention and Safe Communities Act of 2013''. SEC. 2. INCREASE IN EXCISE TAXES RELATING TO FIREARMS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 4181. IMPOSITION OF TAX. ``There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: ``(1) Articles taxable at 20 percent: ``(A) Pistols. ``(B) Revolvers. ``(C) Firearms (other than pistols and revolvers). ``(D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers. ``(2) Articles taxable at 50 percent: Shells and cartridges.''. (b) Exemption for United States.--Subsection (b) of section 4182 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Sales to United States.--No firearms, pistols, revolvers, lower frame or receiver for a firearm, shells, and cartridges purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such articles.''. (c) Availability of Funds From Increased Taxes.-- (1) Allocation.--Amounts in the general fund of the Treasury by reason of section 3(a) of the Pittman-Robertson Wildlife Restoration Act (as amended by paragraph (2) of this subsection) are hereby appropriated and shall be available, as follows: (A) 35 percent of such amounts shall be available for community-oriented policing services grants for the hiring and rehiring of additional career law enforcement officers under section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)). States using funds for school resource officers shall include training, protections, and monitoring to ensure that school resource officers are used to improve school safety and climate, and promote positive reform in student suspensions, expulsions, and referrals to the juvenile or criminal justice systems. (B) 35 percent of such amounts shall be available for the Project Safe Neighborhoods, as authorized by sections 101 through 104 of the Continuing Appropriations Resolution, 2007 (Public Law 110-5) and Public Law 109-108 (119 Stat. 2290, 2302). (C) 10 percent of such amounts shall be available for the Centers for Disease Control National Center for Injury Prevention and Control for purposes of research on gun violence and its prevention. (D) 5 percent of such amounts shall be available for the National Criminal History Improvement Program authorized under section 302(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)). (E) 5 percent of such amounts shall be available for the NICS Act Record Improvement Program authorized under section 301 of the NICS Improvement Amendments Act of 2007. (F) 5 percent for the Community-Based Violence Prevention Field-Initiated Research and Evaluation Program of the Department of Justice. (G) 5 percent of such amounts shall be available for the Secretary of Education to provide directed grants and technical assistance to schools eligible for or receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 to develop and implement comprehensive, evidence-based local or regional strategies (such as positive behavior interventions and supports, social and emotional learning, and restorative justice programs) to improve school climate, reduce the use of exclusionary school discipline, and decrease the number of youth entering the juvenile and criminal justice systems. (2) Conforming amendment.--Section 3(a) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended by adding at the end the following new sentence: ``There shall not be covered into the fund the portion of the tax imposed by such section 4181 that is attributable to any increase in amounts received in the Treasury under such section by reason of the amendments made by section 2 of the Gun Violence Prevention and Safe Communities Act of 2013, as estimated by the Secretary.''. (d) Effective Date.--The amendments made by this section shall apply with respect to sales after December 31, 2013. SEC. 3. SPECIAL TAX AND LICENSING RELATING TO FIREARMS. (a) Increase in Tax.-- (1) General rule.--Subsection (a) of section 5801 of the Internal Revenue Code of 1986-- (A) in paragraph (1) by striking ``$1,000'' and inserting ``$2,000'', and (B) in paragraph (2) by striking ``$500'' and inserting ``50 percent of the dollar amount applicable under paragraph (1) for the taxable year''. (2) Small importers and manufacturers.--Paragraph (1) of section 5801(b) of such Code is amended by striking ``substituting `$500' for `$1,000''' and inserting ``substituting `50 percent of the dollar amount applicable under such paragraph for the taxable year' for `$2,000'''. (3) Adjustment for inflation.--Section 5801 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Adjustment for Inflation.--In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10.''. (b) Increase in Transfer Tax on Firearms.-- (1) In general.--Subsection (a) of section 5811 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$200'' and inserting ``$500'', and (B) by striking ``$5'' and inserting ``$100''. (2) Adjustment for inflation.--Section 5811 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Adjustment for Inflation.--In the case of any taxable year beginning in a calendar year after 2014, each dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5.''. (c) Certain Semiautomatic Pistols Chambered for Cartridges Treated as Firearms.--The first sentence of section 5845(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' before ``(8)'', (2) by striking ``device.'' and inserting ``device, and'', and (3) by adding at the end the following: ``(9) a semiautomatic pistol chambered for cartridges commonly considered rifle rounds, configured with receivers commonly associated with rifles and capable of accepting detachable magazines.''. (d) Effective Dates.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall take effect on July 1, 2014. (2) Transfer tax.--The amendment made by subsection (b) shall apply to transfers after December 31, 2013. (3) All taxpayers treated as commencing in business on july 1, 2014.--Any person engaged on July 1, 2014, in any trade or business which is subject to an occupational tax by reason of the amendment made by subsection (b) shall be treated for purposes of such tax as having first engaged in a trade or business on such date.
Gun Violence Prevention and Safe Communities Act of 2013 - Amends the Internal Revenue Code, with respect to the excise tax on the sale of firearms by manufacturers, producers, or importers, to: (1) increase the rate of such tax to 20% on pistols, revolvers, and other firearms and on any lower frame or receiver for a firearm; and (2) impose a 50% tax on shells and cartridges. Exempts any department, agency, or instrumentality of the United States from such tax. Allocates revenues from the increased excise tax under this Act for law enforcement and public safety grant programs, including programs for research on gun violence and its prevention. Increases the occupational tax on importers, manufacturers, and dealers in firearms and the transfer tax on firearms. Modifies the definition of "firearm" for excise tax purposes to include a semiautomatic pistol chambered for cartridges and configured with receivers commonly associated with rifles and capable of accepting detachable magazines.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Microbusiness Investment Credit Act of 2010''. SEC. 2. RURAL MICROBUSINESS INVESTMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45S. RURAL MICROBUSINESS INVESTMENT CREDIT. ``(a) In General.--For purposes of section 38, the amount of the rural microbusiness investment credit determined under this section for any taxable year with respect to a rural microbusiness is equal to 35 percent of the qualified new investments in the rural microbusiness for the taxable year. ``(b) Limitations.-- ``(1) Per business limitations.--The amount allowed as a credit under subsection (a) with respect to any rural microbusiness for a taxable year shall not exceed-- ``(A) $10,000, reduced (but not below zero), by ``(B) the amount allowed under subsection (a) to the rural microbusiness for all preceding taxable years. ``(2) Per taxpayer limitations.--The amount allowed as a credit under subsection (a) with respect to any taxpayer with respect to all rural microbusinesses of the taxpayer for a taxable year shall not exceed-- ``(A) $10,000, reduced (but not below zero), by ``(B) the amount allowed under subsection (a) to the taxpayer with respect to rural microbusinesses for all preceding taxable years. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified new investment.--The term `qualified new investment' means the excess of-- ``(A) qualified expenditures paid or incurred for the taxable year, over ``(B) the greater of-- ``(i) qualified expenditures paid or incurred for the preceding taxable year, or ``(ii) the average annual qualified expenditures paid or incurred over the preceding three taxable years. If the rural microbusiness was not in existence (or expenditures relating to such microbusiness were not taken into account under subsection (a)) for the entire 3-year period referred to in subparagraph (B)(ii), such subparagraph shall be applied on the basis of the period during which such entity (or trade or business) was in existence or such expenditures taken into account. ``(2) Qualified expenditures.-- ``(A) In general.--The term `qualified expenditures' means any amount which is paid or incurred with respect to a rural microbusiness which is not described in subparagraph (B). Such term includes costs for capital plant and equipment, inventory expenses, and wages. ``(B) Exception.--Such term does not include-- ``(i) any interest cost, or ``(ii) the cost of any vehicle and costs associated with purchasing a vehicle. ``(3) Rural microbusiness.-- ``(A) In general.--The term `rural microbusiness' means a trade or business carried on as a proprietorship, partnership, trust (to the extent that the trust is a pass-thru entity), S corporation, or other pass-thru entity if-- ``(i) such trade or business is carried on in a distressed rural area for the first taxable year in which the credit under subsection (a) is allowable to the trade or business, ``(ii) such trade or business meets the gross revenue test under subparagraph (C) for the first taxable year in which the credit under subsection (a) is allowable to the trade or business, ``(iii) such trade or business employed not more than 5 full-time equivalent employees during the taxable year, and ``(iv) in the case of a trade or business the majority of the activity of which is in agricultural production, each individual who is an owner, shareholder, or holds a capital interest, profits interests, or beneficial interests (as the case may be) in such trade or business is a first-time farmer (as defined in section 147(c)(2)(C)). All persons treated as a single employer under subsection (a) or (b) or section 52 or subsection (m) or (o) of section 414 shall be treated as a trade or business for purposes of this subparagraph. ``(B) Exceptions.--Such term shall not include-- ``(i) any trade or business which includes, in whole or in part, any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises, or ``(ii) any trade or business with respect to which records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer. ``(C) Gross revenue test.-- ``(i) In general.--A trade or business meets the gross revenue test of this subparagraph for any taxable year if the average annual gross revenue of the trade or business for the 3-taxable year period ending with the taxable year does not exceed $1,000,000. ``(ii) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) or section 52 or subsection (m) or (o) of section 414 shall be treated as a trade or business for purposes of clause (i). ``(iii) Special rules for entities not in existence for entire 3-year period, etc.--Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply for purposes of this subparagraph. ``(D) Self-employed individuals.--For purposes of this paragraph, if, with respect to a trade or business, an individual is treated as an employee under section 401(c), such individual shall be treated as an employee of such trade or business for purposes of the preceding sentence. ``(E) Full-time equivalent employee.--For purposes of this paragraph-- ``(i) In general.--The term `full-time equivalent employee' means a number of employees equal to the number determined by dividing-- ``(I) the total number of hours of service for which wages were paid by the employer to employees during the taxable year, by ``(II) 2,080. Such number shall be rounded to the next lowest whole number if not otherwise a whole number. ``(ii) Excess hours not counted.--If an employee works in excess of 2,080 hours of service during any taxable year, such excess shall not be taken into account under clause (i). ``(iii) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(4) Distressed rural area.-- ``(A) In general.--The term `distressed rural area' means any area in the United States-- ``(i) that has lost at least 5 percent of its population over the last 10 years, ``(ii) that lost at least 10 percent if its population over the last 20 years, ``(iii) that has median family income below 85 percent of the national median family income, ``(iv) that has a poverty rate that exceeds 12.5 percent, or ``(v) where average unemployment in the preceding year exceeds 125 percent of the national average. ``(B) Exception.--Such term does not include any area which is-- ``(i) a city or town that has a population of more than 50,000 inhabitants, or ``(ii) an urbanized area contiguous and adjacent to a city or town described in clause (i). ``(C) Relevant sources of information.--In determining whether an area is a distressed rural area under subparagraph (A) or (B), such determination shall be made in accordance with the most recent information from the Bureau of the Census, the Bureau of Labor Statistics, or other government entity with relevant information. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons 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 his spouse, ancestors, and lineal descendants). ``(d) Material Participation.--No amount shall be allowed as a credit under subsection (a) to a taxpayer unless that taxpayer materially participates in the qualified rural microbusiness with respect to which the qualified expenditure is paid or incurred. For purposes of the preceding sentence, material participation shall be determined under rules similar to the rules of section 469(h). ``(e) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section. ``(f) Other Rules.-- ``(1) Married couple must file joint return.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction is allowed under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's calendar year begins.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the rural microbusiness investment credit determined under section 45R(a).''. (c) Carryover of Unused Credit.--Subsection (a) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(4) 5-year carryback for rural microbusiness investment credit.--Notwithstanding subsection (d), in the case of the rural microbusiness investment credit-- ``(A) this section shall be applied separately from the business credit and the marginal oil and gas well production credit (other than the rural microbusiness investment credit), ``(B) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `25 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `24 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (d) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Rural microbusiness investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to expenditures made in taxable years beginning after the date of the enactment of this Act.
Rural Microbusiness Investment Credit Act of 2010 - Amends the Internal Revenue Code to allow a business-related tax credit for 35% of new investment in a rural microbusiness. Imposes limits on such credit for businesses and individual taxpayers. Defines: (1) "rural microbusiness" as a trade or business that employs not more than 5 full-time employees in a taxable year and is carried on in a distressed rural area; and (2) "distressed rural area" as an area that has lost at least 5% of its population over the last 10 years or 10% of its population over the last 20 years, that has a median family income below 85 % of the national median family income, that has a poverty rate that exceeds 12.5%, or where average unemployment in the preceding year exceeds 125% of the national average.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Commission on Energy Policy Act of 2016''. SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. (a) In General.--Title VIII of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by striking sections 801 and 802 and inserting the following new sections: ``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. ``(a) Establishment.--There is established a commission to be known as the `Biennial Commission on Energy Policy' (in this title referred to as the `Commission'). ``(b) Membership.-- ``(1) Number and appointment.--The Commission shall be composed of 15 members appointed in the following manner: ``(A) The President shall appoint 3 members. ``(B) The Speaker of the House of Representatives shall appoint 3 members. ``(C) The minority leader of the House of Representatives shall appoint 3 members. ``(D) The majority leader of the Senate shall appoint 3 members. ``(E) The minority leader of the Senate shall appoint 3 members. ``(2) Deadline for appointment.--Members of the Commission shall be appointed not later than 30 days after the first day of the first session of the 115th Congress. ``(3) Terms.--Members shall be appointed for a term of 2 years. ``(4) Consultation.--The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. ``(5) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. ``(6) Qualifications.--Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: ``(A) Governmental service. ``(B) Energy production. ``(C) Renewable energy resource development. ``(D) Energy law. ``(E) Public administration. ``(F) Fossil fuel production. ``(G) Energy efficiency. ``(H) Environmental policy. ``(I) Labor. ``(J) Workplace safety. ``(K) Commerce and trade. ``(L) Corporate policies. ``(M) Infrastructure. ``(N) Foreign affairs. ``(7) Political affiliation.--Not more than 8 members of the Commission shall be affiliated with the same political party. ``(8) Restriction on government employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. ``(9) Basic pay.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ``(10) Travel expenses.--Each member of the Commission 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) Structure of Commission.-- ``(1) Commencement.--The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. ``(2) Chairperson; vice chairperson.--The chairperson and vice chairperson of the Commission shall be selected by the members. ``(3) Subcommittees.--Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. ``(4) Quorum.--Six members of the Commission shall constitute a quorum. ``(5) Meetings.-- ``(A) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ``(B) Stakeholder meetings.--The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. ``(C) Attendance at stakeholder meetings.--Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. ``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. ``(2) Tasks.--To carry out paragraph (1), the Commission shall-- ``(A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; ``(B) assess policy options to increase domestic energy supplies and energy efficiency; ``(C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; ``(D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and Federal agencies in creating an integrated and comprehensive energy policy; ``(E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; ``(F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; ``(G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and ``(H) study other relevant matters as determined by the Commission. ``(3) Materials studied.--The Commission shall review materials on energy, including-- ``(A) enacted and proposed Federal and State laws, regulations, policies, and programs; ``(B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; ``(C) scientific and technical literature and publications; and ``(D) studies conducted by other entities. ``(b) Reports.-- ``(1) Progress reports.--Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). ``(2) In general.--Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include-- ``(A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and ``(B) recommendations for legislative and administrative actions described in subsection (a)(1). ``(3) Publication.--Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. ``(c) Powers.-- ``(1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, 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. ``(2) Powers of subcommittees.--Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. ``(3) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. ``(5) Contract authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). ``(6) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. ``SEC. 803. PERSONNEL MATTERS. ``(a) Executive Director and Staff.--The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. ``(b) Pay.--The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. ``(c) Detail of Government Employees.--Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ``(d) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. ``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title.''. (b) Table of Contents Amendments.--The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: ``801. Biennial Commission on Energy Policy. ``802. Duties and powers of the Commission. ``803. Personnel matters. ``804. Authorization of appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the first day of the second session of the 115th Congress.
Biennial Commission on Energy Policy Act of 2016 This bill amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. The commission must be composed of 15 members from a diverse group of industries and political party affiliations with no federal, state, or local officers or employees. The commission must: carry out specific analytical and research tasks related to a broad range of energy issues; and report to Congress on its findings, conclusions, and recommendations for legislative and administrative actions to create an integrated and comprehensive national energy policy for the United States. This bill replaces provisions requiring the President to submit a biennial National Energy Policy Plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen the Earned Income Tax Credit Act of 2011''. SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT. (a) Permanent Extension of Marriage Penalty Relief and Increase in Credit for Certain Families.-- (1) Reduction in marriage penalty.-- (A) In general.--Subparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``increased by'' and all that follows and inserting ``increased by $5,000.''. (B) Inflation adjustment.--Clause (ii) of section 32(j)(1)(B) of such Code is amended-- (i) by striking ``$3,000 amount in subsection (b)(2)(B)(iii)'' and inserting ``$5,000 amount in subsection (b)(2)(B)'', and (ii) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (2) Increase in credit percentage for families with 3 or more children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 (relating to percentages) is amended-- (A) by striking ``2 or more qualifying children'' in the second row and inserting ``2 qualifying children'', and (B) by inserting after the second row the following new item: ``3 or more qualifying children............... 45 21.06''. (3) Conforming amendment.--Section 32(b) of such Code is amended by striking paragraph (3). (b) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$5,280'' in the last column and inserting ``$12,690''. (2) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in clause (i)-- (i) by inserting ``(except as provided in clause (iii))'' after ``(b)(2)(A)'', and (ii) by striking ``and'' at the end, and (B) by adding at the end the following new clause: ``(iii) in the case of the $12,690 amount in the table in subsection (b)(2)(A), by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``7.65'' in the second column of the third row and inserting ``15.3'', and (2) by striking ``7.65'' in the third column of the third row and inserting ``15.3''. (d) Credit Allowed for Certain Childless Individuals Over Age 21.-- Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by striking ``age 25'' and inserting ``age 21''. (e) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by adding at the end the following new paragraph: ``(G) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G)''. (f) Elimination of Disqualified Investment Income Test.-- (1) In general.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (2) Conforming amendments.-- (A) Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended-- (i) by striking ``subsections'' and inserting ``subsection'', and (ii) by striking ``and (i)(1)''. (B) Section 32(j)(2) of such Code is amended to read as follows: ``(2) Rounding.--If any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10.''. (g) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual), as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other parent of such child who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (h) Increased Penalty for Failure To Be Diligent in Determining Eligibility for Earned Income Credit.--Section 6695(g) of the Internal Revenue Code of 1986 is amended by striking ``$100'' and inserting ``$500''. (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Increased penalty.--The amendment made by subsection (h) shall apply to returns required to be filed after December 31, 2011. (j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of such Act) shall not apply to section 303 of such Act.
Strengthen the Earned Income Tax Credit Act of 2011 - Amends the Internal Revenue Code to: (1) make permanent the reduction in the marriage penalty applicable to the earned income tax credit, (2) increase such tax credit for families with three or more qualifying children and for individuals with no qualifying children, (3) extend such credit to individuals at age 21 (currently age 25) who do not have a qualifying child, (4) allow such credit for certain married individuals who live apart from their spouses and file separate tax returns (abandoned spouse rule), (5) repeal provisions denying such credit for individuals with excessive investment income, and (6) increase to $500 the penalty on tax return preparers for failure to be diligent in determining eligibility for the earned income tax credit. Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 relating to the earned income tax credit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bleeding Disorder Screening, Awareness, and Further Education (SAFE) Act of 2010''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Millions of men and women in the United States may have an inherited bleeding disorder and not know it. (2) The most common bleeding disorder, Von Willebrand Disease (VWD), affects up to one in fifty Americans, occurring equally amongst men and women. (3) Most of those affected by Von Willebrand Disease remain undiagnosed. (4) The current combination of laboratory tests, clinical observations, and family history to diagnose blood disorders like Von Willebrand Disease is antiquated and unreliable. (5) During adolescence, men and women may become aware of some of the symptoms of bleeding disorders. (6) Many Americans with bleeding disorders learn to live with the chronic health risks which their bleeding causes, and do not realize that they may have a bleeding disorder. (7) It is believed that many of the 30,000 women who have hysterectomies performed each year to treat severe bleeding may actually have a bleeding disorder, and that these women could avoid those unnecessary hysterectomies if properly diagnosed. (8) Improved diagnosis of bleeding disorders, through expanded screening of adolescents, improved physician awareness, and additional research, could improve the quality of life for millions of Americans. SEC. 3. ADOLESCENT SCREENING PROGRAMS. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), directly or through the award of grants or contracts to States, political subdivisions of States or Indian tribes, or other public or nonprofit private entities, shall carry out the following activities: (1) Development of a new, or identification of an existing, screening questionnaire that is evidence-based and in accordance with clinical guidelines for use in the diagnosis of bleeding disorders in adolescents and young adults. (2) As widely as possible in adolescent populations-- (A) dissemination and implementation of the screening questionnaire developed or identified under paragraph (1) and other screening tools relevant to the diagnosis of bleeding disorders in adolescents; (B) if screening suggests the possibility of a bleeding disorder, ensuring the referral for further laboratory-based diagnostic testing; and (C) if laboratory testing confirms diagnosis of a bleeding disorder, ensuring the referral for medical management. (b) Priority.--In awarding any grant or contract under subsection (a), the Secretary shall give priority to applicants proposing to provide screening to high school or institution of higher education students. (c) Technical Assistance.--The Secretary, directly or through grants or contracts, may provide recipients of grants or contracts under subsection (a) with technical assistance regarding the planning, development, and implementation of activities under such subsection. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015. SEC. 4. INCREASING AWARENESS AMONG HEALTH PROFESSIONALS. (a) In General.--The Secretary, directly or through the award of grants or contracts to States, political subdivisions of States or Indian tribes, or other public or nonprofit private entities, shall conduct an education campaign to increase awareness about bleeding disorders among health professionals. (b) Priority.--In awarding any grant or contract under section (a), the Secretary shall give priority to applicants proposing to increase awareness about bleeding disorders among-- (1) health professionals who commonly provide medical care for the adolescent population, such as primary care physicians, school nurses, physical fitness education teachers in secondary schools, and health professionals providing services to students through an institution of higher education's health center; or (2) obstetricians and gynecologists. (c) Technical Assistance.--The Secretary, directly or through the award of grants or contracts, may provide recipients of grants or contracts under subsection (a) with technical assistance regarding the planning, development, and implementation of activities under such subsection. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015. SEC. 5. RESEARCH AND SURVEILLANCE. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants or contracts to public or nonprofit private entities to-- (1) augment existing research efforts to evaluate, improve, and standardize methods for diagnosing bleeding disorders; and (2) expand ongoing efforts to-- (A) determine the prevalence of bleeding disorders in the general population, including prevalence of bleeding disorders among adolescent women; (B) identify symptoms, risk factors, and co- morbidities associated with bleeding disorders; and (C) implement female-specific surveillance systems and conduct related research projects to improve bleeding symptoms and quality of life among adolescent and adult women with bleeding disorders. (b) Technical Assistance.--The Secretary, directly or through the award of grants or contracts, may provide recipients of grants or contracts under subsection (a) with technical assistance regarding the planning, development, and implementation of activities under such subsection. (c) Authorization of Appropriations.--To carry out this section there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015. SEC. 6. REPORT. (a) In General.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of activities under this Act. (b) Contents.--At a minimum, the report under subsection (a) shall-- (1) catalog, with respect to bleeding disorder screening, health professional education, and surveillance-- (A) the activities of the Federal Government, including an assessment of the progress achieved under this Act; (B) the portion of students in United States high schools and institutions of higher education who have received some form of screening for bleeding disorders as a result of programs under this Act; (C) the number of health professionals who have received some form of bleeding disorder education as a result of programs under this Act; and (D) the prevalence and incidence of bleeding disorders among the general population and among women; and (2) make recommendations for the future direction of bleeding disorder activities, including-- (A) a description of how the Federal Government, as well as recipients of grants and contracts under this Act, may improve their screening and education programs to increase bleeding disorder diagnostic rates, including the identification of steps that may be taken to reduce-- (i) the prevalence of undiagnosed bleeding disorders; and (ii) the burden of bleeding disorders as a chronic condition; (B) an identification of organizations that have most effectively and efficiently increased bleeding disorder screening rates; (C) an identification of programs and procedures that have most effectively and efficiently increased bleeding disorder screening rates, and steps that may be taken to expand such programs and policies to benefit larger populations; (D) a description of the services provided by hemophilia treatment centers, including information regarding any increase in utilization of such centers and any subsequent increase in resources necessary to ensure sufficient treatment for all those utilizing such centers; and (E) recommendations for future research and interventions. SEC. 7. DEFINITION. In this Act, the term ``State'' includes the District of Columbia and any commonwealth, territory, or possession of the United States.
Bleeding Disorder Screening, Awareness, and Further Education (SAFE) Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to carry out the following activities: (1) development of a new, or identification of an existing, screening questionnaire that is evidence-based and in accordance with clinical guidelines for use in the diagnosis of bleeding disorders in adolescents and young adults; and (2) as widely as possible in adolescent populations, dissemination and implementation of the screening questionnaire and other screening tools relevant to the diagnosis of bleeding disorders, ensuring referrals as specified. Directs the Secretary to give priority to grant or contract applicants proposing to provide screening to high school or higher education students. Requires the Secretary to conduct an education campaign to increase awareness about bleeding disorders among health professionals. Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or contracts to public or nonprofit private entities to: (1) augment existing research efforts to evaluate, improve, and standardize methods for diagnosing bleeding disorders; and (2) expand ongoing efforts to determine the prevalence of bleeding disorders in the general population, identify symptoms, risk factors, and co-morbidities associated with bleeding disorders, and implement female-specific surveillance systems and conduct related research to improve bleeding symptoms and quality of life among adolescent and adult women with bleeding disorders. Authorizes the Secretary to provide technical assistance. Directs the Secretary to report to Congress on the results of activities under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) During the Battle for Baltimore of the War of 1812, Francis Scott Key visited the British fleet in the Chesapeake Bay on September 7, 1814, to secure the release of Dr. William Beanes, who had been captured after the British burned Washington, DC. (2) The release of Dr. Beanes was secured, but Key and Beanes were held by the British during the shelling of Fort McHenry, one of the forts defending Baltimore. (3) On the morning of September 14, 1814, after the 25-hour British bombardment of Fort McHenry, Key peered through the clearing smoke to see a 42-foot by 30-foot American flag flying proudly atop the Fort. (4) He was so inspired to see the enormous flag still flying over the Fort that he began penning a song, which he named The Defence of Fort McHenry, to commemorate the occasion and he included a note that it should be sung to the tune of the popular British melody To Anacreon in Heaven. (5) In 1916, President Woodrow Wilson ordered that the anthem, which had been popularly renamed the Star-Spangled Banner, be played at military and naval occasions. (6) On March 3, 1931, President Herbert Hoover signed a resolution of Congress that officially designated the Star- Spangled Banner as the National Anthem of the United States. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the War of 1812 and particularly the Battle for Baltimore that formed the basis for the Star- Spangled Banner. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2012''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Maryland War of 1812 Bicentennial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2012. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities (including supporting scholarly research and the development of exhibits), and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Maryland War of 1812 Bicentennial Commission as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.
Star-Spangled Banner Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner. Requires a coin design emblematic of the War of 1812, and in particular of, the Battle for Baltimore that formed the basis for the Star-Spangled Banner. Limits the period for coin issuance to calendar year 2012. Imposes a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins, which shall be distributed to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities, and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812.
{"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disarm Hate Act''. SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR HATE CRIME, OR RECEIVED AN ENHANCED SENTENCE FOR A MISDEMEANOR BECAUSE OF HATE OR BIAS IN ITS COMMISSION, FROM OBTAINING A FIREARM. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `convicted in any court of a misdemeanor hate crime'-- ``(A) means being convicted by a court of an offense that-- ``(i) is a misdemeanor under Federal, State, or tribal law; ``(ii) has, as an element, that the conduct of the offender was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity (as defined in section 249), or disability of any person; and ``(iii) involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and ``(B) does not include-- ``(i) a conviction of an offense described in subparagraph (A), unless-- ``(I) the person-- ``(aa) was represented by counsel in the case; or ``(bb) knowingly and intelligently waived the right to counsel in the case; and ``(II) in the case of a prosecution for an offense described in subparagraph (A) for which a person was entitled to a jury trial in the jurisdiction in which the case was tried-- ``(aa) the case was tried by a jury; or ``(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or ``(ii) a conviction of an offense described in subparagraph (A) if-- ``(I) the conviction-- ``(aa) has been expunged or set aside; or ``(bb) is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and ``(II) the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms. ``(37) The term `received from any court an enhanced hate crime misdemeanor sentence'-- ``(A) means a court has imposed a sentence for a misdemeanor under Federal, State, or tribal law-- ``(i) that involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and ``(ii) based, in whole or in part, on a judicial finding that the conduct of the offender was motivated, in whole or in part, by hate or bias for any reason referred to in paragraph (36)(A)(ii); and ``(B) does not include-- ``(i) the imposition of a sentence described in subparagraph (A), unless-- ``(I) the person-- ``(aa) was represented by counsel in the case; or ``(bb) knowingly and intelligently waived the right to counsel in the case; and ``(II) if the sentence described in subparagraph (A) was imposed in a prosecution for an offense for which a person was entitled to a jury trial in the jurisdiction in which the case was tried-- ``(aa) the case was tried by a jury; or ``(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or ``(ii) the imposition of a sentence described in subparagraph (A) if-- ``(I)(aa) the conviction of the offense for which the sentence was imposed has been expunged or set aside; or ``(bb) the offense for which the sentence was imposed is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and ``(II) the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms.''. (b) Prohibition on Sale or Other Disposition of Firearm.--Section 922(d) of such title is amended in the first sentence-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence.''. (c) Prohibition on Possession, Shipment, or Transport of Firearm.-- Section 922(g) of such title is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the comma and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) who has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence,''.
Disarm Hate Act This bill amends the federal criminal code to prohibit firearm sale or transfer to and receipt or possession by an individual who has: (1) been convicted in any court of a misdemeanor hate crime, or (2) received from any court an enhanced hate crime misdemeanor sentence. The term "convicted in any court of a misdemeanor hate crime" means a conviction for a misdemeanor offense that has, as an element, that the conduct was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. The term "received from any court an enhanced hate crime misdemeanor sentence" means the imposition of an enhanced sentence for a misdemeanor that involves violence and is based, in whole or in part, on conduct motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person.
{"src": "billsum_train", "title": "Disarm Hate Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Income Disclosure Act''. SEC. 2. DISCLOSURE REGARDING LIFETIME INCOME. (a) In General.--Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking ``diversification.'' and inserting ``diversification, and''; and (3) by inserting at the end the following: ``(iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall be required to be included in only one pension benefit statement during any one 12-month period.''. (b) Lifetime Income.--Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: ``(D) Lifetime income disclosure.-- ``(i) In general.-- ``(I) Disclosure.--A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. ``(II) Lifetime income stream equivalent of the total benefits accrued.--For purposes of this subparagraph, the term `lifetime income stream equivalent of the total benefits accrued' means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary. ``(III) Lifetime income streams.-- The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. ``(ii) Model disclosure.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, that-- ``(I) explains that the lifetime income stream equivalent is only provided as an illustration; ``(II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; ``(III) explains the assumptions upon which the lifetime income stream equivalent was determined; and ``(IV) provides such other similar explanations as the Secretary considers appropriate. ``(iii) Assumptions and rules.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall-- ``(I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and ``(II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. ``(iv) Limitation on liability.--No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). ``(v) Effective date.--The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of-- ``(I) interim final rules under clause (i); ``(II) the model disclosure under clause (ii); or ``(III) the assumptions under clause (iii).''.
Lifetime Income Disclosure Act Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the quarterly pension benefit statement furnished to a participant or beneficiary with the right to direct the investment of assets in his or her account under an individual account plan to include a lifetime income disclosure at least once during any 12-month period. Requires such lifetime income disclosure to set forth the lifetime income stream equivalent of the participant's or beneficiary's total benefits accrued. Defines a lifetime income stream equivalent of the total benefits accrued as the monthly annuity payment the participant or beneficiary would receive if those total accrued benefits were used to provide lifetime income streams to a qualified joint and survivor annuitant. Directs the Secretary of Labor to: issue a model lifetime income disclosure, written in a manner which can be understood by the average plan participant; and prescribe assumptions that plan administrators may use in converting total accrued benefits into lifetime income stream equivalents. Declares that no plan fiduciary, plan sponsor, or other person shall have any liability under ERISA solely by reason of the provision of lifetime income stream equivalents derived in accordance with such assumptions and related rules and including explanations contained in the model lifetime income disclosure.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Trades Second Responders Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Skilled construction workers are essential to effectively providing rescue and recovery following manmade and natural disasters, and are vital to the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations. (2) Construction craft workers bring essential skills in support of first responders, including demolition (such as welding, cutting, burning, and rigging), electrical and pipeline maintenance, hazardous waste cleanup, equipment operations, and traffic control. (3) Construction contractors and employers also provide essential equipment to disaster response efforts, such as welding machines, backhoes, cranes, dozers, skilled workers, and essential supplies for site-specific needs. (4) Historically, construction craft workers have provided support skills to first response operations after natural disasters, such as Hurricanes Katrina and Rita; terrorist attacks, such as Oklahoma City, the World Trade Center, and the Pentagon; and manmade disasters, such as the Minneapolis bridge collapse. However, there are no systems in place to mobilize this workforce or ensure the effective integration of construction craft workers with first responder operations. (5) The experience of earlier disasters reveals the need for a cohesive national, State, and local system of construction craft workers ready to serve their country and assist first responders in response to a disaster. The system should be designed to identify, train, certify, register, and integrate skilled craft workers into disaster preparedness and response activities, as well as provide training of construction craft workers in health and safety procedures to assist rescue, recovery, and cleanup activities. SEC. 3. SECOND RESPONDER PROGRAM IN THE NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following: ``SEC. 463C. SECOND RESPONDER TRAINING AND INTEGRATION PROGRAM. ``(a) In General.--The Director of the Institute shall establish, as part of the Worker Education and Training Program of the Institute, a national program for the training, certification, registration, tracking, and integration of skilled construction workers to assist first responders in responding to disasters, including natural and manmade disasters and terrorist attacks. ``(b) Content of Program.--As part of the national program established under subsection (a), the Director shall-- ``(1) develop a national plan for integrating construction activities into State and local disaster-response plans; ``(2) provide training for construction trainers and workers, foremen, supervisors, and other industry personnel on how to assist first responders and integrate their efforts with first responders during emergency response, rescue, recovery, and cleanup activities; ``(3) provide specialized safety, health, and skills training to construction workers on how to protect themselves, coworkers, and the public from safety and health hazards inherent in disaster response activities; ``(4)(A) establish community-based registries of certified skilled workers who are considered on call and who can be identified and mobilized when needed; and ``(B) pilot integration of such community-based registries into a national registry system; ``(5) establish a national, State, and local system to maintain the readiness of construction personnel and equipment through regular training, recertification, and exercises with first responders; and ``(6) develop agreements with construction industry contractors and joint labor-management organizations that have disaster response capabilities and with designated first response coordinating agencies for on-call responses in the event of a disaster. ``(c) Coordination.--In developing the national program under subsection (a), the Director shall coordinate and consult with the Department of Homeland Security, including the Federal Emergency Management Agency, other relevant agencies, and private organizations, including construction industry contractors, joint labor-management training funds, and building trade unions, that are experienced in providing rescue and recovery assistance to first responders, and in the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $35,000,000 for fiscal year 2008 and each subsequent fiscal year. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''.
Skilled Trades Second Responders Act of 2007 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to establish a national program for the training, certification, registration, tracking, and integration of skilled construction workers to assist first responders in responding to disasters, including natural and manmade disasters and terrorist attacks. Requires the Director to coordinate and consult with the Department of Homeland Security, including the Federal Emergency Management Agency (FEMA), other relevant agencies, and private organizations, including construction industry contractors, joint labor-management training funds, and building trade unions, that are experienced in providing rescue and recovery assistance to first responders and in the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Our Support to Troops Act of 2003''. SEC. 2. FREE MAILING PRIVILEGES. (a) In General.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Free postage for personal correspondence and certain parcels mailed to members of Armed Forces of the United States ``(a) In General.--The matter described in subsection (b) (other than matter described in subsection (c)) may be mailed free of postage, if-- ``(1) such matter is sent from within an area served by a United States post office; ``(2) such matter is addressed to an individual who is a member of the Armed Forces of the United States on active duty, as defined in section 101 of title 10, or a civilian, authorized to use postal services at Armed Forces installations, who holds a position or performs one or more functions in support of military operations, as designated by the military theater commander; and ``(3)(A) such matter is addressed to the individual referred to in paragraph (2) at an Armed Forces post office established in an overseas area with respect to which a designation under section 3401(a)(1)(A) is in effect; or ``(B) in the case of an individual who is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury described in section 3401(a)(1)(B), such matter is addressed to such individual at an Armed Forces post office determined under subsection (f). ``(b) Mail Matter Described.--The free mailing privilege provided by subsection (a) is extended to-- ``(1) letter mail or sound- or video-recorded communications having the character of personal correspondence; and ``(2) parcels not exceeding 10 pounds in weight and 60 inches in length and girth combined. ``(c) Limitation.--The free mailing privilege provided by subsection (a) does not extend to mail matter that contains any advertising. ``(d) Rate of Postage.--Any matter which is mailed under this section shall be mailed at the equivalent rate of postage which assures that the mail will be sent by the most economical means practicable. ``(e) Marking.--All matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words `Free Matter for Members of the Armed Forces of the United States', or words to that effect specified by the Postal Service. ``(f) Regulations.--This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe.''. (b) Funding.-- (1) Free postage.--Sections 2401(c) and 3627 of title 39, United States Code, are amended by striking ``3406'' and inserting ``3407''. (2) Air transportation.-- (A) In general.--Section 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: ``(d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.''. (B) Amendment to prevent duplicative funding.-- Section 3401(e) of title 39, United States Code, is amended by striking ``office.'' and inserting ``office or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d).''. (C) Technical and conforming amendments.-- (i) Annual budget.--Section 2009 of title 39, United States Code, is amended in the next to last sentence by striking ``(b) and (c)'' and inserting ``(b), (c), and (d)''. (ii) Comprehensive plan references.-- Sections 2803(a) and 2804(a) of such title 39 are amended by striking ``2401(g)'' and inserting ``2401(f)''. (c) Chapter Analysis.--The analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Free postage for personal correspondence and certain parcels mailed to Members of the Armed Forces of the United States.''.
Providing Our Support to Troops Act of 2003 - Allows personal correspondence or certain parcels to be mailed free of postage if such matter is: (1) sent from within an area served by a U.S. post office; (2) addressed to an active-duty member of the armed forces or a civilian authorized to use postal services at military installations who holds a position or performs a function in support of military operations; and (3) addressed either to such an individual at a military post office established in an overseas area where the armed forces are engaged in operations involving armed conflict against a hostile foreign force, or to an individual who is hospitalized for a disease or injury resulting from service in such an area. Prohibits the free mailing privilege for any mail matter containing any advertising.
{"src": "billsum_train", "title": "A bill to amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and certain parcels sent from within the United States to members of the Armed Forces serving on active duty abroad who are engaged in military operations involving armed conflict against a hostile foreign force, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Reinvestment Account Act of 2010''. SEC. 2. MANUFACTURING REINVESTMENT ACCOUNTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 199 the following new section: ``SEC. 199A. MANUFACTURING REINVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of a taxpayer engaged in a manufacturing business, there shall be allowed as a deduction for the taxable year the amount paid in cash by the taxpayer during the taxable year to a manufacturing reinvestment account (hereinafter referred to as an `MRA') for the taxpayer's benefit. ``(b) Limitation.-- ``(1) In general.--The amount which a taxpayer may pay into an MRA for the taxable year shall not exceed the lesser of-- ``(A) the domestic manufacturing gross receipts of the taxpayer for the taxable year, or ``(B) $250,000. ``(2) Controlled groups.-- ``(A) In general.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(c) MRA.--For purposes of this section, the term `MRA' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted for any taxable year unless it is in cash. ``(2) Contributions will not be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(3) The trustee is an eligible institution. ``(4) No part of the trust assets will be invested in life insurance contracts. ``(5) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(6) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(d) Tax Treatment of Accounts.-- ``(1) In general.--An MRA is exempt from taxation under this subtitle unless the account has ceased to be an MRA. Notwithstanding the preceding sentence, an MRA is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to MRAs, and any amount treated as distributed under such rules shall be treated as not used to pay qualified reinvestment expenses. ``(e) Treatment of Distributions.-- ``(1) In general.--Except as provided in paragraphs (3) and (4), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from an MRA of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (g)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (g)(2) (relating to cessation in manufacturing business), and ``(iii) subparagraph (A) or (B) of subsection (g)(3) (relating to prohibited transactions and pledging account as security). ``(2) Additional tax.-- ``(A) In general.--The tax imposed by this chapter on the taxpayer for any taxable year in which there is a distribution from an MRA shall be increased by 10 percent of the amount of such distribution which is includible in gross income. ``(B) Exception.--Subparagraph (A) shall not apply to distributions during the taxable year to the extent necessary, under regulations prescribed by the Secretary, to avoid bankruptcy. ``(3) Reduced inclusion for amounts reinvested.--Only 43 percent of the aggregate amount distributed from an MRA during the taxable year shall be includible in income under paragraph (1)(A) to the extent that such aggregate amount does not exceed the aggregate amount of qualified reinvestment expenses paid or incurred by the taxpayer during such year. ``(4) Distribution of excess contributions.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an MRA to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. ``(f) Definitions.--For purposes of this section-- ``(1) Manufacturing business.--The term `manufacturing business' means any trade or business having domestic manufacturing gross receipts. ``(2) Domestic manufacturing gross receipts.--The term `domestic manufacturing gross receipts' means gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of tangible personal property which was manufactured by the taxpayer in whole or in significant part within the United States. Rules similar to the rules of section 199 shall apply in determining the gross receipts of the taxpayer for purposes of the preceding sentence. ``(3) Qualified reinvestment expenses.--The term `qualified reinvestment expenses' means-- ``(A) expenses for property to be used by the taxpayer in a manufacturing business, and ``(B) expenses for job training and workforce development for employees of the taxpayer. ``(4) Eligible institution.-- ``(A) In general.--The term `eligible institution' means-- ``(i) any insured depository institution, which-- ``(I) is not controlled by a bank holding company or savings and loan holding company that is also an eligible institution, ``(II) has total assets of equal to or less than $25,000,000,000, as reported in the call report as of the end of the fourth quarter of calendar year 2009, and ``(III) is not directly or indirectly controlled by any company or other entity that has total consolidated assets of more than $25,000,000,000, as so reported; ``(ii) any bank holding company which has total consolidated assets of equal to or less than $25,000,000,000; ``(iii) any savings and loan holding company which has total consolidated assets of equal to or less than $25,000,000,000; ``(iv) any community development financial institution loan fund which has total assets of equal to or less than $25,000,000,000; and ``(v) any small business lending company that has total assets of equal to or less than $25,000,000,000. ``(B) Insured depository institution.--The term `insured depository institution' has the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)). ``(C) Bank holding company.--The term `bank holding company' has the meaning given such term under section 2(a)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(2)(a)(1)). ``(D) Call report.--The term `call report' means-- ``(i) reports of Condition and Income submitted to the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation; ``(ii) the Office of Thrift Supervision Thrift Financial Report; ``(iii) any report that is designated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision, as applicable, as a successor to any report referred to in clause (i) or (ii); ``(iv) standard reports of Condition and Income submitted by Community Development Financial Institution loan funds to the Community Development Financial Institutions Fund; and ``(v) with respect to an eligible institution for which no report exists that is described under clause (i), (ii), or (iii), such other report or set of information as the Secretary, in consultation with the Administrator of the Small Business Administration, may prescribe. ``(g) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any MRA-- ``(i) there shall be deemed distributed from the MRA during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the MRA on the last day of the taxable year which is attributable to amounts deposited in such account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from an MRA shall be treated as made from deposits (and income thereon) in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation of manufacturing business.--If the taxpayer ceases to be engaged in a manufacturing business, there shall be deemed distributed from the MRA of the taxpayer at the close of the first taxable year beginning after such cessation an amount equal to the balance in the MRA (if any) at such close. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where taxpayer engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to an MRA on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(h) Reports.--The trustee of an MRA shall make such reports regarding such account to the Secretary and to the person for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations. ``(i) Termination.--No deduction shall be allowed under this section for any taxable year beginning more than 7 years after the date of the enactment of this section.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax- favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by adding ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) an MRA (within the meaning of section 199A(c)),''. (2) Excess contribution defined.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to MRAs.--For purposes of this section, in the case of MRAs (within the meaning of section 199A(c)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the MRAs of the taxpayer exceeds the amount which may be contributed to such MRAs under section 199A(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of an MRA in a distribution to which section 199A(e)(3) applies shall be treated as an amount not contributed.''. (c) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following: ``(F) an MRA described in section 199A(c), or''. (2) Special rule.--Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(7) Special rule for mras.--A person for whose benefit an MRA (within the meaning of section 199A(c)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an MRA by reason of the application of section 199A(g)(3)(A) to such account.''. (d) Failure To Provide Reports on MRAs.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (A) through (E) as subparagraphs (B) and (F), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) section 199A(h) (relating to MRAs),''. (e) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: ``Sec. 199A. Manufacturing reinvestment accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Manufacturing Reinvestment Account Act of 2010 - Amends the Internal Revenue Code to establish tax-exempt manufacturing reinvestment accounts (MRAs) for taxpayers engaged in a manufacturing business. Allows such manufacturers to make tax deductible cash payments into an MRA of the lesser of their domestic manufacturing gross receipts for the taxable year or $250,000. Permits expenditures from an MRA for expenses for property to be used in the manufacturing business and expenses for employee job training and workforce development. Terminates the tax deduction for payments to an MRA seven years after the enactment of this Act.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow manufacturing businesses to establish tax-free manufacturing reinvestment accounts to assist them in providing for new equipment and facilities and workforce training."}
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Section 1.--(a) The Secretary of the Interior (``Secretary'') shall enter into expedited negotiations with the Alaska Native Village Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., Seldovia Native Association, Inc., and Knikatnu, Inc. for the purpose of conveying to the Village Corporations, within 180 days of enactment of this Act, the lands described in paragraph (d) as ``West Side Lands'' or other lands or interests therein in the Cook Inlet Region of Alaska or other appropriate alternative financial consideration, as the Secretary and the Village Corporations may agree satisfies the obligations of this Act in partial fulfillment of the acreage entitlement of each Village Corporation under the Alaska Native Claims Settlement Act of 1971, (``Settlement Act''). If the Secretary successfully completes negotiation with a Village Corporation within 180 days of enactment of this Act, then, as to reach such Village Corporation which has reached an agreement with the Secretary, the conveyance obligation provided in subsection (b) of this Act shall be suspended and the Secretary shall within 90 days convey to each such Village Corporation such lands and interests in lands in the Cook Inlet Region of Alaska or provide other appropriate alternative financial consideration provided for in the agreement with the affected Village Corporation. The Secretary shall consult with Cook Inlet Region, Inc. (``CIRI'') regarding to CIRI's subsurface entitlement underlying the surface estate of each Village Corporation named in this subsection. (b) If, within 80 days of enactment of this Act, the Secretary has been unable to reach agreement with a Village Corporation named in subsection (a), then, as to each such Village Corporation, the Secretary shall within 210 days after enactment of this Act convey all right, title, and interest of the United States in and to the surface estate of 50 percentum of the West Side Lands in order of existing Village Corporation selection priority made in 1974. If the Secretary does not complete the conveyances described in the first sentence of this subsection within 210 days of enactment of this Act, then such conveyances will occur by operation of law 240 days after enactment of this Act. Title to the lands described in this subsection shall be vested in the Village Corporations with regard to whether such selections are listed in appendix A or appendix C of the Deficiency Agreement dated August 31, 1976. (c)(1) Immediately upon completion of the conveyances described in subsection (b), the Secretary shall enter into expedited negotiations with the Village Corporations named in subsection (a) for the purpose of completing the conveyance to the Village Corporations of any remaining West Side Lands which were not conveyed to the Village Corporations pursuant to subsection (b) of this Act or alternative lands or interests in lands in the Cook Inlet Region of Alaska or such other appropriate alternative financial considerations. If within 180 days of completion of the conveyances described in subsection (b), the Secretary has been unable to reach agreement with any of the Village Corporations named in subsection (a), then the Secretary shall file a report with the Committee on Energy and Natural Resources of the United States Senate and the Resources Committee of the United States House of Representatives describing the course of negotiations and explaining why, in the Secretary's view, no agreement was reached. (2) If the Secretary has been unable to reach agreement as described in subsection (c) of this Act with a Village Corporation named in subsection (a), litigation may be commenced to seek conveyance of the remaining lands described in appendix C of the Deficiency Agreement dated August 31, 1976, at any time within twelve months of enactment of this Act, by any of the five affected village corporations or CIRI. Exclusive jurisdiction over such action is vested in the United States District Court for the District of Alaska. If such litigation is commenced, trial de novo to the court shall be held and the Deficiency Agreement shall be construed as an agreement for the benefit of Alaska Natives as Native Americans consistent with the Federal trust responsibility. (d) The ``West Side Lands'' are those lands selected by the Village Corporations pursuant to section 12(a) of the ``Settlement Act'' as determined by the order of existing Village Corporation selection priority ranking made by rounds in 1974, and on file with the Secretary and the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives and legally described as follows: To Chickaloon-Moose Creek Native Association, Inc.: Seward Meridan, Alaska Township 1 North, Range 20 West (Unsurveyed) Sections 24, 25, and 36 (fractional). To Knikatnu, Inc.: Seward Meridan, Alaska Township 1 South, Range 20 West (Unsurveyed) Section 1 (fractional) Township 3 South, Range 20 West (Unsurveyed) Section 3 (fractional) Section 4 and 9. Township 1 South, Range 20 West (Unsurveyed) Section 9 (fractional). To Ninilchik Native Association, Inc.: Seward Meridian, Alaska Township 1 South, Range 19 West (Unsurveyed) Sections 29 and 32 (fractional). Township 2 South, Range 19 West (Unsurveyed) Sections 6 and 18 (fractional). Township 2 South, Range 20 West (Unsurveyed) Section 1 (fractional). Sections 6 and 14; Sections 23, 24, and 26 (fractional). Sections 32 and 33; Sections 34 and 35 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 10 (fractional) Township 3 South, Range 21 West (Unsurveyed) Sections 13 and 19 through 24, inclusive; Section 25 (fractional) Sections 32 and 34 (fractional). Township 1 North, Range 20 West (Unsurveyed) Sections 6 through 8 (fractional), inclusive; Section 16; Sections 22 and 23 (fractional); Section 26. Township 4 North, Range 19 West (Unsurveyed) Sections 20 and 36. To Seldovia Native Association, Inc.: Seward Meridian, Alaska Township 2 South, Range 20 West (Unsurveyed) Section 13 (fractional). Township 3 South, Range 20 West (Unsurveyed) Sections 7 and 8; Section 16 (fractional); Sections 17 and 18; Sections 19 and 20 (fractional). To Tyonek Native Corporation: Seward Meridian, Alaska Township 1 South, Range 20 West (Unsurveyed) Section 2 (fractional); Section 3. Township 2 South, Range 21 West (Unsurveyed) Section 36. Township 2 South, Range 20 West (Unsurveyed) Section 12 (fractional); Section 31. Township 3 South, Range 20 West (Unsurveyed) Sections 15, 21, and 30 (fractional). Township 3 South, Range 21 West (Unsurveyed) Section 26; Section 27 and 28 (fractional); Sections 29 through 31 (fractional), inclusive; Sections 33, 35, and 36 (fractional). Township 1 North, Range 20 West (Unsurveyed) Section 15 (fractional); Section 35. Aggregating approximately 29,900 acres, more or less. (e) All conveyances made under this Act shall be made in accordance with Section 12(a), 14(f), and 17(b) of the Settlement Act. (f) Nothing in this Act shall be construed to increase or decrease the entitlement under the Settlement Act of any Village Corporation named in this Act or of CIRI.
Directs the Secretary of the Interior to enter into expedited negotiations with the Alaska Native Village Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., and Knikatnu, Inc. to convey to the Village Corporations certain lands or interests in the Cook Inlet Region of the State of Alaska or other alternative financial consideration in partial fulfillment of the acreage entitlement of each Village Corporation under the Alaska Native Claims Settlement Act of 1971. Sets forth provisions concerning the inability to reach an agreement between the Secretary and a Village Corporation.
{"src": "billsum_train", "title": "A bill to provide for expedited negotiations between the Secretary of the Interior and the villages of Chickaloon-Moose Creek Native Association, Inc., Ninilichik Native Association, Inc., Seldovia Native Association, Inc., Tyonek Native Corporation and Knikatnu, Inc. regarding the conveyances of certain lands in Alaska Under the Alaska Native Claims Settlement Act, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Telephone Protection Act''. SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COUNTERFEIT ACCESS DEVICES. (a) Unlawful Acts.--Section 1029(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by striking paragraph (8) and inserting the following: ``(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; ``(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured for altering or modifying a telecommunications instrument so that such instrument may be used to obtain unauthorized access to telecommunications services; or''. (b) Penalties.-- (1) Generally.--Section 1029(c) of title 18, United States Code, is amended to read as follows: ``(c) Penalties.--The punishment for an offense under subsection (a) of this section is-- ``(1) in the case of an offense that does not occur after a conviction for another offense under this section-- ``(A) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and ``(B) if the offense is under paragraph (4), (5), (8), or (9), of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; and ``(2) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both.''. (2) Attempts.--Section 1029(b)(1) of title 18, United States Code, is amended by striking ``punished as provided in subsection (c) of this section'' and inserting ``subject to the same penalties as those prescribed for the offense attempted''. (c) Definitions.--Section 1029(e)(8) of title 18, United States Code, is amended by inserting before the period ``or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument''. (d) Applicability of New Section 1029(a)(9).-- (1) In general.--Section 1029 of title 18, United States Code, is amended by adding at the end the following: ``(g) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person under contract with, a facilities- based carrier, for the purpose of protecting the property or legal rights of that carrier, to use, produce, have custody or control of, or possess hardware or software configured as described in that subsection (a)(9).''. (2) Definition.--Section 1029(e) of title 18, United States Code is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting a semicolon; (C) by striking the period at the end of paragraph (8) and inserting ``; and''; and (D) by adding at the end the following: ``(9) the term `facilities-based carrier' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934.''. (e) Amendment of Federal Sentencing Guidelines for Wireless Telephone Cloning.-- (1) In general.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones (including offenses involving an attempt or conspiracy to clone a wireless telephone). (2) Factors for consideration.--In carrying out this subsection, the Commission shall consider, with respect to the offenses described in paragraph (1)-- (A) the range of conduct covered by the offenses; (B) the existing sentences for the offenses; (C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines; (D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offenses; (E) the extent to which the Federal sentencing guideline sentences for the offenses have been constrained by statutory maximum penalties; (F) the extent to which Federal sentencing guidelines for the offenses adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; (G) the relationship of Federal sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and (H) any other factor that the Commission considers to be appropriate.
Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument. Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Unemployed Worker Investment Act of 2015''. SEC. 2. EXTENSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2014'' and inserting ``December 31, 2017''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2014. SEC. 3. CREDIT FOR EMPLOYERS WHO HIRE INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (defining members of targeted group) is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) in the case of a small business employer, a qualified unemployment compensation recipient.''. (b) Qualified Unemployment Compensation Recipient.--Section 51(d) of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified unemployment compensation recipient; small business employer.-- ``(A) In general.--The term `qualified unemployment compensation recipient' means any individual who is certified by the designated local agency as-- ``(i) not being a student for at least 6 months during the 1-year period ending on the hiring date, ``(ii) being in receipt of unemployment compensation under State or Federal law on the hiring date, and ``(iii) having a hiring date during the 2- year period which begins on the date of the enactment of this paragraph. ``(B) Small business employer.--For purposes of this paragraph, the term `small business employer' means, with respect to any hiring date, any employer which employs more than 10 but fewer than 25 full-time equivalent employees throughout the taxable year. ``(C) Student.--For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months (whether or not consecutive) during the 1-year period ending on the hiring date.''. (c) Maximum $4,000 Credit Per Employee.--Section 51(b)(3) of such Code is amended by inserting ``$10,000 per year in the case of any individual who is a qualified unemployment compensation recipient by reason of subsection (d)(11),'' after ``$6,000 per year (''. (d) Denial of Credit Unless Employment Full-Time for 1 Year.-- Section 51(i)(3) of such Code (relating to individuals not meeting minimum employment periods) is amended by adding at the end the following new subparagraph: ``(C) Special rules for qualified unemployment compensation recipients.--No wages shall be taken into account under subsection (a) with respect to a qualified unemployment compensation recipient unless-- ``(i) such individual is employed by the employer for not less than 35 hours per week for not less than 1 year, and ``(ii) the number of full-time equivalent employees of the employer is increased by 1 for at least 1 year by reason of such individual's employment by the employer.''. (e) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.-- (1) In general.--Section 3111(e) of such Code is amended-- (A) by striking ``Qualified Veterans'' in the subsection heading and inserting ``Qualified Individuals'', (B) by striking ``qualified veteran'' each place it appears in the text and inserting ``qualified individual'', and (C) by striking ``qualified veterans'' in paragraph (2) and inserting ``qualified individuals''. (2) Qualified individual defined.--Section 3111(e)(5)(B) of such Code is amended to read as follows: ``(B) the term `qualified individual' means-- ``(i) any qualified veteran (as defined in section 51(d)(3)), and ``(ii) any qualified unemployment compensation recipient (as defined in section 51(d)(11)).''. (3) Conforming amendment.--Section 52(c)(2) of such Code is amended-- (A) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the heading, and (B) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the text. (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.
American Unemployed Worker Investment Act of 2015 This bill amends the Internal Revenue Code to: (1) extend the work opportunity tax credit through 2017; (2) allow a small business employer (i.e., an employer who employs more than 10 but fewer than 25 full-time employees throughout the taxable year) an increased work opportunity tax credit for hiring a qualified unemployment compensation recipient; and (3) allow tax-exempt organizations a work opportunity tax credit for hiring qualified unemployment compensation recipients. The bill defines "qualified unemployment compensation recipient" as any individual who is certified as: (1) not being a student for at least six months during the one-year period ending on the hiring date, (2) being in receipt of unemployment compensation on the hiring date, and (3) having a hiring date during the two-year period which begins on the enactment of this Act. The bill denies such credit unless: (1) the qualified unemployment compensation recipient is employed for not less than 35 hours per week for not less than 1 year, and (2) the number of full-time employees of the employer receiving such credit is increased by 1 for at least 1 year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Loan Forgiveness Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to 2005 statistics from the American Hospital Association, 118,000 nurses are needed to fill vacancies at our nation's hospitals, and more than 75 percent of all hospital personnel vacancies are for nurses. (2) According to a study by the Department of Health and Human Services in 2002, the United States will experience a 29 percent shortage in the number of nurses needed in the United States health care system by the year 2020, which translates into a shortage of more than 400,000 registered nurses nationwide. (3) Research indicates that there is a great need for health care services, especially hospitals and prescription drugs, but there continues to be a 28 percent decrease in national licensure examination for all entry-level registered nurses. (4) The Department of Labor projects a 29 percent increase in the need for nurses nationwide from 2004 to 2014, compared with a 13 percent increase for all other occupations. (5) The General Accounting Office estimates that 40 percent of all registered nurses will be older than age 50 by the year 2010. (6) Of those registered nurses in 2004, an estimated 16 percent have chosen to not practice in the field. SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR NURSES. ``(a) Purposes.--The purposes of this section are-- ``(1) to encourage-- ``(A) individuals to enter and continue in the nursing profession; and ``(B) experienced nurses to instruct nurses entering the profession; and ``(2) to reward such individuals for their service in the nursing profession by reducing the burden of student debt. ``(b) Loan Forgiveness.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan debt of an eligible borrower in the amount specified in subsection (d) for each of the first 5 complete years of service described in subsection (c)(1) by such eligible borrower that occur after the date of enactment of this section. ``(2) Method of loan forgiveness.--To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under this part; and ``(B) to cancel a qualified loan amount for a loan made under part D of this title. ``(3) Limitation on consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this section only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for an eligible borrower, as determined in accordance with regulations prescribed by the Secretary. ``(c) Eligible Borrower.--The Secretary is authorized to provide loan forgiveness under this section to any individual who-- ``(1) has been employed for at least one calendar year-- ``(A) as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for the purposes of this section; or ``(B) as a nursing instructor in a school of nursing as defined by the Public Health Service Act (42 U.S.C. 296); ``(2) if qualifying on the basis of the employment described in paragraph (1)(B), has received a Masters of Science in Nursing; and ``(3) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Forgiveness Amounts.--The Secretary shall, from funds appropriated under subsection (j), forgive the loan obligation of an eligible borrower in accordance with subsection (b)(2) and in the following increments: ``(1) After the first calendar year of employment described in subsection (c)(1), not more than $2,000. ``(2) After the second such year of employment, not more than $2,500. ``(3) After the third such year of employment, not more than $3,000. ``(4) After the fourth such year of employment, not more than $4,500. ``(5) After the fifth such year of employment, not more than $5,000. ``(e) Application for Loan Forgiveness.--An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of any loan. ``(i) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a benefit under this section for both employment described in subsection (c)(1)(A) and employment described in subsection (c)(1)(B). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.''.
Nurse Loan Forgiveness Act of 2007 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who: (1) serve at least one calendar year in an approved health care facility or setting; or (2) have a Masters of Science in Nursing and are nursing instructors in a school of nursing. Limits the maximum amount of such loan repayment by the Secretary of Education to $2,000 after the first year of a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Gravity, Zero Tax Act of 2005''. SEC. 2. EXCLUSION OF SPACE-RELATED INCOME FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. SPACE-RELATED INCOME. ``(a) General Rule.--Gross income shall not include space-related income. ``(b) Space-Related Income.-- ``(1) In general.--For purposes of this section, the term `space-related income' means-- ``(A) income derived from the sale by the taxpayer to an unrelated person of-- ``(i) any product or article which is produced by the taxpayer in outer space, and ``(ii) any service provided by the taxpayer in or from outer space, ``(B) income of an individual attributable to services performed in or from outer space by such individual in a trade or business, and ``(C) any amount not described in subparagraph (A) or (B) which is interest, rent, royalty, or similar amount received with respect to production or service described in subparagraph (A) or (B). ``(2) Exception for telecommunications services, etc.-- Paragraph (1)(A)(ii) shall not apply to-- ``(A) any telecommunications service provided from earth orbit, ``(B) any service provided by a weather or other earth observation satellite, and ``(C) any other service provided on or before the date of the enactment of this section of transporting property to or from outer space. ``(3) Exception for wages.--Paragraph (1) shall not apply to wages (as defined in section 3401) received by any employee of an employer. ``(4) Proportional allocation between space-based and earth-based activities.--In the case of any product or article which is produced partly in space, space-related income shall be an amount which bears the same ratio to the amount of gross income attributable to the sale of such product or article as the expenses attributable to producing such product or article in space bears to the total expenses incurred in producing such product or article. ``(5) Produced.--For purposes of this section, the term `produced' includes created, fabricated, developed, grown, manufactured, extracted, processed, cured, and aged. ``(c) Exclusion From Tariffs, Etc.--Any product-- ``(1) which is manufactured in outer space, and ``(2) which was-- ``(A) launched from, and returned to Earth, within the United States, or ``(B) Manufactured at a facility in outer space which is owned by 1 or more United States persons, shall be exempt from all Federal excises, imposts, and duties and any other Federal tariffs. ``(d) Phaseout of Benefits.--In the case of a taxable year beginning after December 31, 2014, the amount excluded under subsection (a) shall be reduced (but not below zero) by x/10th's of the amount excludable without regard to this subsection, where `x' is the number of years such taxable year is after the last taxable year beginning before January 1, 2015. A similar rule shall apply to the benefits under subsection (c).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Space-related income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. CREDIT FOR PURCHASE OF QUALIFIED SPACE COMPANY STOCK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45J. SPACE COMPANY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the space company investment credit determined under this section for any taxable year is the amount paid in the taxable year for the purchase of qualified stock in a qualified space company. ``(b) Qualified Space Company.--For purposes of this section-- ``(1) In general.--The term `qualified space company' means a domestic C corporation if for the 3-taxable-year period ending with the taxable year immediately preceding the taxable year in which qualified stock is purchased-- ``(A) the average annual gross receipts of such entity does not exceed $100,000,000, and ``(B) more than 70 percent of such gross receipts are derived from space-based business. ``(2) Space-based business.--The term `space-based business' means a business whose gross receipts are substantially space-related income, as defined in section 139B(b). ``(3) Aggregation rules.--Rules similar to the rules of section 1202(d)(3) shall apply. ``(c) Qualified Stock.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, the term `qualified stock' means any stock in a domestic C corporation if-- ``(A) as of the date of issuance of such stock, such corporation is a qualified space company, and ``(B) except as provided in subsections (f) and (h), such stock is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock). ``(2) Active business requirement.--Stock in a corporation shall not be treated as qualified stock unless, during substantially all of the taxpayer's holding period for such stock-- ``(A) such corporation meets active business requirements substantially similar to the requirements of section 1202(e), determined on the basis that the qualified trade or business is a space-based business, and ``(B) such corporation is a C corporation. ``(3) Certain purchase by corporation of its own stock.-- Rules similar to the rules of section 1202(c)(3) shall apply. ``(e) Recapture.--If, during any taxable year ending with or within the 10-year period beginning on the date qualified stock was purchased by the taxpayer, the issuer of such stock ceases to a qualified space company, the tax under this chapter for such taxable year shall be increased by the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection (a) with respect to such stock. ``(f) Termination.--This section shall not apply to stock acquired after December 31, 2013.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) space company investment credit determined under section 45I(a).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the space company investment credit determined under section 45I(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Space Company Investment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2005. SEC. 4. CAPITAL GAINS EXCLUSION. (a) In General.--Part I of subchapter P of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION FOR GAINS FROM SALE OR EXCHANGE OF STOCK OF QUALIFIED SPACE CORPORATIONS. ``(a) In General.--Gross income shall not include gain on the sale or exchange of any stock of a qualified space corporation. ``(b) Qualified Space Corporation.--For purposes of subsection (a), the term `qualified space corporation' means, with respect to any taxable year, a domestic corporation which is a C corporation if-- ``(1) such corporation is organized exclusively for providing to unrelated persons-- ``(A) any product or article which is produced (within the meaning of section 139B(b)(5)) by the corporation in outer space, or ``(B) any service provided by the corporation in or from outer space, and ``(2) At least 90 percent of the expenses of such corporation are attributable to the active conduct of a trade or business of providing a product, article, or service described in paragraph (1). Such term shall not include a corporation providing a service, product, or article described in section 139B(b)(2).''. (b) Clerical Amendment.--The table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion for gains from sale or exchange of stock of qualified space corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.
Zero Gravity, Zero Tax Act of 2005 - Amends the Internal Revenue Code to: (1) exclude from gross income space-related income from products or articles produced, or services provided, in or from outer space; (2) allow an investment tax credit for the purchase of stock in a space company that has average annual gross receipts not exceeding $100 million and that derives more than 70 percent of its gross receipts from space-based business; and (3) exclude from gross income gain from the sale or exchange of any stock of certain space corporations.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for investing in companies involved in space-related activities."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School Breakfast Improvement Act of 2003''. SEC. 2. SEVERE NEED ASSISTANCE. Section 4(d)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(d)(2)) is amended-- (1) by striking ``100 percent'' and all that follows through ``food, or''; and (2) by striking ``, whichever is less''. SEC. 3. STARTUP AND EXPANSION GRANTS FOR SCHOOL BREAKFAST PROGRAMS. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following: ``(f) Startup and Expansion Grants for School Breakfast Programs.-- ``(1) Definition of eligible school.--In this subsection, the term `eligible school' means-- ``(A) in the case of a startup grant, a school that agrees to operate the school breakfast program established with the assistance provided under this subsection for a period of not less than 3 years; and ``(B) in the case of an expansion grant, a school that has operated a school breakfast program established for a period of not less than 3 consecutive years. ``(2) Grants.--The Secretary shall make grants, on a competitive basis, to State educational agencies, in a total amount of not more than $10,000,000 for each fiscal year from funds made available to the Secretary, to assist eligible schools in initiating and expanding school breakfast programs, of which not less than $7,000,000 for each fiscal year shall be used for expansion grants. ``(3) Uses.--A State educational agency shall use grants made available under this subsection to assist eligible schools, during the first school year eligible schools initiate or expand school breakfast programs, with expenses incurred in initiating or expanding school breakfast programs. ``(4) Supplementary funds.--A grant under this subsection shall supplement any payment to which a State educational agency is entitled under subsection (b). ``(5) Plan.--To be eligible to receive a grant under this subsection, a State educational agency shall submit to the Secretary a plan to initiate or expand school breakfast programs conducted in the State, including a description of the manner in which the State educational agency shall provide technical assistance and funding to eligible schools in the State to initiate or expand the programs. ``(6) State educational agency preferences for startup grants.--In making a grant under this subsection for a fiscal year to initiate a school breakfast program, the Secretary shall give preference to a State educational agency that-- ``(A) has not more than 60 percent of schools in the State that are participating in the school lunch program also participating in the school breakfast program; or ``(B) has not more than 35 percent of the students in the State receiving free or reduced price lunch also receiving free or reduced price breakfasts. ``(7) Reallocation.--The Secretary shall act in a timely manner to recover and reallocate to other State educational agencies or States any amount made available to a State educational agency or State under this subsection that is not used by the agency or State within a reasonable period (as determined by the Secretary). ``(8) Application.--The Secretary shall allow application by State educational agencies on an annual basis for grants under this subsection. ``(9) Preferences by state educational agencies and states.--In allocating funds within the State, each State educational agency shall give preference for assistance under this subsection to an eligible school that demonstrates the greatest need for assistance to initiate or expand a school breakfast program, as determined by the State educational agency. ``(10) Maintenance of effort.--The expenditure of funds from State and local sources for the maintenance of the school breakfast program shall not be diminished as a result of grants made available under this subsection.''. SEC. 4. COMMODITY ASSISTANCE FOR SCHOOL BREAKFAST PROGRAM. Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Commodity Assistance for School Lunch and Breakfast Programs.--Not later than September 30 of the following school year, the Secretary shall deliver to each State participating in-- ``(1) the school lunch program established under this Act, commodities valued at the total level of assistance authorized under subsection (c) for each school year for the school lunch program in the State; and ``(2) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), commodities valued at the total level of assistance authorized under subsection (d) for each school year for the school breakfast program in the State.''; and (2) by striking subsection (d) and inserting the following: ``(d) Value of Donated Foods for School Breakfast Program.-- ``(1) In general.--Subject to paragraph (2), in the case of the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the value of donated foods shall be 5 cents. ``(2) Adjustment.-- ``(A) In general.--The value of donated foods under paragraph (1) shall be adjusted on July 1, 2004, and each July 1 thereafter, to reflect changes in the Price Index for Food Used in Schools and Institutions. ``(B) Food components.-- ``(i) In general.--The Index shall be computed using 5 major food components of the Producer Price Index of the Bureau of Labor Statistics (cereal and bakery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). ``(ii) Weighting.--Each component shall be weighed using the same relative weight as determined by the Bureau of Labor Statistics. ``(C) Time period.--The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. ``(D) Rounding.--The adjustment shall be computed to the nearest \1/4\ cent. ``(3) Calculation.-- ``(A) In general.--Subject to subparagraph (B), for each school year, the total amount of commodity assistance, or cash in lieu of commodity assistance, available to a State for the school breakfast program shall be the product obtained by multiplying-- ``(i) the number of breakfasts served in the preceding school year; by ``(ii) the rate established under paragraphs (1) and (2). ``(B) Reconciliation.--After the end of each school year, the Secretary shall-- ``(i) reconcile the number of breakfasts served by schools in each State with the number of breakfasts served by schools in each State during the preceding school year; and ``(ii) increase or reduce subsequent commodity assistance, or cash in lieu of commodity assistance, provided to each State based on the reconciliation.''. SEC. 5. UNIVERSAL SCHOOL BREAKFAST PILOT PROJECTS. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by added at the end the following: ``(h) Universal School Breakfast Pilot Projects.-- ``(1) In general.--The Secretary shall make grants to State agencies to conduct pilot projects in high schools under the jurisdiction of not more than 6 school food authorities approved by the Secretary to provide free breakfasts to high school students, without regard to family income. ``(2) Nominations.--A State agency that seeks a grant under this subsection shall submit to the Secretary nominations of school food authorities to participate in a pilot project under this subsection. ``(3) Approval.--The Secretary shall approve for participation in pilot projects under this subsection high schools under the jurisdiction of not more than 6 nominated school food authorities selected so as to-- ``(A) target the pilot projects toward school food authorities that have-- ``(i) the highest percentage of students eligible for free or reduced price meals under the school lunch or breakfast program; and ``(ii) the lowest percentage of students that receive free or reduced price meals under the school lunch or breakfast program; and ``(B) provide for an equitable distribution of pilot projects among urban and rural high schools. ``(4) Grants to school food authorities.--A State agency receiving a grant under paragraph (1) shall make grants to school food authorities to conduct the pilot projects described in paragraph (1). ``(5) Duration of pilot projects.--Subject to the availability of funds made available to carry out this subsection, a school food authority receiving amounts under a grant to conduct a pilot project described in paragraph (1) shall conduct the project during a period of 3 successive school years. ``(6) Waiver authority.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary may waive the requirements of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the Secretary from making a grant to conduct a pilot project under paragraph (1). ``(B) Nonwaivable requirements.--The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program participant, or a school from receiving all of the benefits and protections of this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal law (including a regulation) that protects an individual constitutional right or a statutory civil right. ``(7) Requirements for participation in pilot project.--To be eligible to participate in a pilot project under this subsection-- ``(A) a State agency-- ``(i) shall submit an application to the Secretary at such time and in such manner as the Secretary shall establish to meet criteria the Secretary has established to enable a valid evaluation to be conducted; and ``(ii) shall provide such information relating to the operation and results of the pilot project as the Secretary may reasonably require; and ``(B) a school food authority-- ``(i) shall agree to serve all breakfasts at no charge to all high school students enrolled in participating high schools; ``(ii) shall not have a history of violations of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(iii) shall agree to use innovative methods for making breakfasts available to eligible students, such as making breakfasts available to students after the beginning of the academic day or using alternative breakfast delivery and marketing methods; and ``(iv) shall meet all other requirements that the Secretary may reasonably require. ``(8) Reports.--The Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to Congress an interim and final report on the status of the pilot projects. ``(9) Reimbursement.-- ``(A) In general.--Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school breakfast program in an amount that is equal to the total Federal reimbursement for the school for the prior year under the program (adjusted to reflect changes in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor and adjusted for fluctuations in enrollment). ``(B) Excess needs.--Funds required for the pilot project in excess of the level of reimbursement received by the school for the prior year (adjusted to reflect changes described in subparagraph (A) and adjusted for fluctuations in enrollment) may be taken from any non-Federal source or from amounts provided under this subsection. ``(10) Funding.-- ``(A) In general.--On October 1, 2003, and on each October 1 thereafter through October 1, 2005, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture funds to carry out this subsection. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2003.
School Breakfast Improvement Act of 2003 - Amends the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NLSA) to revise requirements for the school breakfast program. Revises severe need assistance under CNA to provide that eligible schools are entitled to receive a specified meal reimbursement rate (eliminating an alternative lesser payment of the operating costs of the breakfast program). Directs the Secretary of Agriculture, under CNA, to make competitive startup and expansion grants to State educational agencies to assist eligible schools in initiating and expanding school breakfast programs. Provides for commodity assistance for the school breakfast program (in addition to current provisions for commodity assistance for the school lunch program under NLSA). Directs the Secretary, under NLSA, to make grants to State agencies for pilot projects to provide free breakfasts to high school students, without regard to family income. Requires the Secretary to approve for project participation high schools under the jurisdiction of up to six nominated school food authorities selected so as to: (1) target projects toward such authorities that have the highest percentage of students eligible for free or reduced price meals under the school lunch or breakfast program and the lowest percentage of students that receive such meals; and (2) equitably distribute projects among urban and rural high schools.
{"src": "billsum_train", "title": "A bill to amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to improve the school breakfast program."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Coverage Parity Act of 2009''. SEC. 2. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. (a) Group Health Plans.-- (1) ERISA.-- (A) The Employee Retirement Income Security Act of 1974 is amended by inserting after section 714 the following new section: ``SEC. 715. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan or coverage. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (B) The table of contents of such Act is amended by inserting after the item relating to section 714 the following new item: ``Sec. 715. Parity in coverage for oral cancer drugs.''. (2) PHSA.--Title XXVII of the Public Health Service Act is amended by inserting after section 2707 the following new section: ``SEC. 2708. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan or coverage. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (3) IRC.-- (A) Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9813. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``(a) In General.--A group health plan that provides benefits with respect to intravenously administered or injected cancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. The coverage for such medication may be subject to annual deductibles and coinsurance provisions as may be applicable to intravenously administered or injected cancer medications under the plan. Written notice of the availability of such coverage shall be delivered to participants upon enrollment and annually thereafter. ``(b) Application of Notice, Prohibitions, etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section.''. (B) The table of sections for such subchapter is amended by adding at the end the following new item: ``9813. Parity in coverage for oral cancer drugs.''. (b) Individual Health Insurance Coverage.--Title XXVII of the Public Health Service Act is amended by inserting after section 2753 the following new section: ``SEC. 2754. PARITY IN COVERAGE FOR ORAL CANCER DRUGS. ``The provisions of section 2708 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.-- (1) Group health plans.--The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the date that is 1 year after the date of enactment of this Act.
Cancer Drug Coverage Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code of 1986 to require a group health plan providing benefits for intravenously administered or injected cancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells. Applies such requirement to individual health insurance coverage.
{"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral cancer drugs on terms no less favorable than the coverage provided for intravenously administered anticancer medications."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty Relief for American Consumers Act of 2010''. SEC. 2. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1998, through December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010. SEC. 3. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES; CONSERVATION OF RESOURCES FEES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless-- (A) the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (B) the person has-- (i) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (ii) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person or entity who has any direct or indirect interest in, or who derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Conservation of Resources Fees.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior by regulation shall establish-- (A) a conservation of resources fee for producing Federal oil and gas leases in the Gulf of Mexico; and (B) a conservation of resources fee for nonproducing Federal oil and gas leases in the Gulf of Mexico. (2) Producing lease fee terms.--The fee under paragraph (1)(A)-- (A) subject to subparagraph (C), shall apply to covered leases that are producing leases; (B) shall be set at $9 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005 dollars; and (C) shall apply only to production of oil or gas occurring-- (i) in any calendar year in which the arithmetic average of the daily closing prices for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars; and (ii) on or after October 1, 2010. (3) Nonproducing lease fee terms.--The fee under paragraph (1)(B)-- (A) subject to subparagraph (C), shall apply to leases that are nonproducing leases; (B) shall be set at $3.75 per acre per year in 2005 dollars; and (C) shall apply on and after October 1, 2010. (4) Treatment of receipts.--Amounts received by the United States as fees under this subsection shall be treated as offsetting receipts. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless-- (1) the lessee or other person has-- (A) renegotiated all covered leases of the lessee or other person; and (B) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) the lessee or other person has-- (A) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (B) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
Royalty Relief for American Consumers Act of 2010 - Directs the Secretary of the Interior to agree to a request by a lessee to amend any lease issued for any Central and Western Gulf of Mexico tract between January 1, 1998, and January 1, 2000, to incorporate price thresholds applicable to royalty suspension provisions that are equal to or less than specified price thresholds described in the Outer Continental Shelf Lands Act (OCSLA). Requires: (1) an amended lease to impose the new or revised price thresholds effective October 1, 2010; and (2) existing lease provisions to prevail through September 30, 2010. Prohibits the Secretary from issuing a new lease to certain persons or entities with any direct or indirect interest in, or who derive any benefit from, a covered lease unless they renegotiate the lease to include such price thresholds or have paid or formally agreed to pay all conservation of resources fees established under this Act. Directs the Secretary to establish a conservation of resources fee for producing and nonproducing federal oil and gas leases in the Gulf of Mexico. Applies the same lease renegotiation and conservation of resources fee payment eligibility criteria to any lessee or other interested person who seeks to obtain by sale or transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under OCSLA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission for Our Veterans' Care Act''. SEC. 2. COMMISSION ON ACCESS TO CARE. (a) Establishment of Commission.-- (1) In general.--There is established the Commission on Access to Care (in this section referred to as the ``Commission''). (2) Membership.-- (A) Voting members.--The Commission shall be composed of voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (ii) At least one member from among persons who are experts concerning a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration of the Department of Veterans Affairs. (B) Nonvoting members.--In addition to members appointed under subparagraph (A), the Commission shall be composed of nonvoting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (ii) At least one member from among persons who are experts in a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (C) Date.--The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed.--The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.
Commission for Our Veterans' Care Act - Establishes the Commission on Access to Care to undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs (VA). Includes among the matters to be evaluated and assessed by the Commission: the appropriateness of the VA's current standards concerning access to health care, the measurement of such standards, the appropriateness of performance standards and incentives in relation to the VA's current standards for access to health care, staffing levels throughout the Veterans Health Administration (VHA) and whether they are sufficient to meet current demand. Directs the President to require the VA Secretary and the heads of other relevant federal agencies to implement each recommendation that the President considers feasible and advisable and determines can be implemented without further legislative action.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National High Performance Passenger Rail Transportation-Oriented Development Act of 2013''. SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INITIATIVE. (a) Establishment.--The Secretary of Transportation (in this Act referred to as the ``Secretary'') shall establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. (b) Implementation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall obtain the services of qualified independent private sector entity with experience in transportation-oriented development to serve as a liaison between the Federal Government, State and local authorities, private sector participants, and appropriate other stakeholders in the initiative. Such entity shall-- (1) serve as a development planning advisor, by advancing and recommending methodologies to use in the overall implementation of the initiative; (2) provide recommendations as requested by the Secretary, which shall include recommendations on-- (A) liaison between the Federal Government, and State, local, or regional applicants for incentives under the initiative; (B) mechanisms for coordination among all stakeholders, including State, local, and regional authorities; (C) types of projects that should receive incentives under the initiative; and (D) mechanisms for providing technical assistance and types of technical assistance that should be provided; and (3) conduct a preliminary transportation-oriented development survey on the Northeast Corridor or other local station areas or regional corridors. (c) Coordination.--The Secretary shall harmonize planning requirements and direct coordination and administration of the initiative between the Federal Railroad Administration and the Federal Transit Administration. SEC. 3. FEDERAL INCENTIVES. (a) Qualified Projects.-- (1) Criteria.--The Secretary shall establish criteria for the designation of projects qualified for Federal incentives pursuant to this section and the amendments made by this section. (2) Types of projects that may qualify.--Projects that may qualify for Federal incentives pursuant to this section and the amendments made by this section are commercial development or other projects that-- (A) contribute to the generation of revenue by the capture of increasing value from development around station areas, through the establishment of special assessment districts, increasing the tax base, promoting job growth, promoting cost effectiveness, facilitating intermodal connectivity, combining congestion relief with station development, stimulating economic development, or any other appropriate means; (B) are likely to make long-term contributions to rail corridor development funds or similar mechanisms that help finance intercity and urban passenger rail infrastructure or operating expenses; and (C) provide for a quantifiable revenue stream to the relevant station or rail operation. (3) Applicant coordinating authority.--An applicant for Federal incentives pursuant to this section and the amendments made by this section shall be a State, local, or regional authority. Such authority shall provide for coordination among stakeholders, local governments, and private developers in the defined region, and shall be the lead party in the application. (4) Projects authorized.--Except as provided in subsection (b), projects are not authorized to receive Federal incentives pursuant to this section and the amendments made by this section until the date that is 1 year after the report required under subsection (c) is transmitted to Congress. (b) Pilot Projects.--The Secretary may designate up to 4 pilot projects as qualified for Federal incentives pursuant to this section and the amendments made by this section before the date specified in subsection (a)(4). (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with each State, local, or regional authority coordinating a pilot project under subsection (b), shall transmit to Congress a report assessing the success or failure of each such pilot project and making any appropriate recommendations for modifications to the initiative under this Act. (d) Railroad Rehabilitation Improvement Financing.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) persons conducting a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''; and (2) in subsection (b)(1)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(D) conduct a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''. (e) Transportation Infrastructure Finance.--Section 601(a)(12) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''. (f) Application Priority.--In general, Federal applications to the Federal Railroad Administration and Federal Transit Administration for railroad projects that participate in the transportation-oriented development initiative under this Act shall receive a priority for funding in the application decision process. (g) Revenue Neutral Program Cost.--The Secretary shall establish and apply to recipients of Federal incentives pursuant to this section and the amendments made by this section a fee in an amount sufficient to cover the administrative costs of carrying out this Act, including section 2(b). SEC. 4. TECHNICAL ASSISTANCE. (a) National Technical Assistance.--The Secretary shall provide technical assistance to applicants and potential applicants for Federal incentives pursuant to this Act and the amendments made by this Act with respect to-- (1) identification of transportation-oriented development opportunities; (2) establishment of special assessment districts in regions; (3) establishment of rail corridor development funds; and (4) expediting Federal, State, and local regulatory approvals. (b) States, Localities, and Regions Outside the Northeast Corridor.--The Secretary shall provide technical assistance to the States, localities, and regions outside the Northeast Corridor as identified by the Secretary, including-- (1) technical assistance on the establishment of regional authorities appropriate to carrying out the purposes of this Act at the regional level; and (2) technical assistance at the request of a State, local, or regional entity to identify stations and potential stations within a region and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the development of a high performance intercity or urban rail passenger corridor. (c) Northeast Corridor.--The Secretary shall provide technical assistance to the States and local or regional entities along the Northeast Corridor, including-- (1) technical assistance on the establishment, by the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 of title 49, United States Code, of a Northeast Corridor Transportation-Oriented Development Working Group, which shall-- (A) include outside members with expertise in transportation-oriented development; (B) be supported by the independent private sector entity retained by the Secretary under section 2(b); (C) be chaired by a designee appointed by the Secretary who is an expert with private sector transportation oriented development experience; and (D) advise the Secretary and the Northeast Corridor Infrastructure and Operations Advisory Commission on the ways and means for carrying out the purposes of this Act at the regional level; and (2) not more than 1 year after the date of enactment of this Act, technical assistance to identify Northeast Corridor stations and potential stations and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the creation of a true high-speed rail corridor in the Northeast Corridor.
National High Performance Passenger Rail Transportation-Oriented Development Act of 2013 - Directs the Secretary of Transportation (DOT) to establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating rail projects qualified for federal incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. Authorizes the Secretary to designate up to four qualified pilot projects. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to provide direct loans and loan guarantees for qualified rail projects. Authorizes the Secretary to make secured loans, loan guarantees, or lines of credit for such projects. Directs the Secretary to provide technical assistance to: (1) state, local, or regional authorities to identify transportation-oriented development opportunities; (2) states, localities, and regions outside the Northeast Corridor to establish regional authorities and identify existing and potential stations within the region to maximize development and commercial revenue generation to support financially the development of a high performance intercity or urban rail passenger corridor; and (3) states and local or regional entities along the Northeast Corridor to establish a Northeast Corridor Transportation-Oriented Development Working Group and identify Northeast Corridor existing and potential stations to maximize development and commercial revenue generation to support financially the creation of a true high-speed rail corridor in the Northeast Corridor.
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SECTION 1. SHORT TITLE. This title may be cited as the ``Discretionary Spending Reduction and Control Act of 1995''. SEC. 2. DISCRETIONARY SPENDING LIMITS. (a) Limits.--Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F), by redesignating subparagraph (E) as subparagraph (A) and by striking ``and'' at the end of that subparagraph, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) with respect to fiscal year 1996-- ``(i) for the defense category $265,406,000,000 in new budget authority and $264,043,000,000 in outlays; and ``(ii) for the nondefense category $219,668,000,000 in new budget authority and $267,725,000,000 in outlays; ``(C) with respect to fiscal year 1997-- ``(i) for the defense category $267,962,000,000 in new budget authority and $265,734,000,000 in outlays; and ``(ii) for the nondefense category $214,468,000,000 in new budget authority and $254,561,000,000 in outlays; ``(D) with respect to fiscal year 1998-- ``(i) for the defense category $269,731,000,000 in new budget authority and $264,531,000,000 in outlays; and ``(ii) for the nondefense category $220,961,000,000 in new budget authority and $248,101,000,000 in outlays; ``(E) with respect to fiscal year 1999, for the discretionary category $482,207,000,000 in new budget authority and $510,482,000,000 in outlays; ``(F) with respect to fiscal year 2000, for the discretionary category $489,379,000,000 in new budget authority and $514,234,000,000 in outlays; ``(G) with respect to fiscal year 2001, for the discretionary category $496,601,000,000 in new budget authority and $516,403,000,000 in outlays; and ``(H) with respect to fiscal year 2002, for the discretionary category $498,837,000,000 in new budget authority and $515,075,000,000 in outlays;''. (b) Committee Allocations and Enforcement.--Section 602 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (c), by striking ``1995'' and inserting ``2002'' and by striking its last sentence; and (2) in subsection (d), by striking ``1992 to 1995'' in the side heading and inserting ``1995 to 2002'' and by striking ``1992 through 1995'' and inserting ``1995 through 2002''. (c) Five-Year Budget Resolutions.--Section 606 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (a), by striking ``1992, 1993, 1994, or 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002''; and (2) in subsection (d)(1), by striking ``1992, 1993, 1994, and 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002'', and by striking ``(i) and (ii)''. (d) Effective Date.--Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1991 to 1998'' and inserting ``1995 to 2002''. (e) Sequestration Regarding Crime Trust Fund.--(1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (B), (C), and (D) and its last two sentences and inserting the following: ``(B) For fiscal year 1996, $1,827,000,000. ``(C) For fiscal year 1997, $3,082,000,000. ``(D) For fiscal year 1998, $3,840,000,000. ``(E) For fiscal year 1999, $4,415,000,000. ``(F) For fiscal year 2000, $4,874,000,000. ``The appropriate levels of new budget authority are as follows: for fiscal year 1996, $3,357,000,000; for fiscal year 1997, $3,915,000,000; for fiscal year 1998, $4,306,000,000; for fiscal year 1999, $5,089,000,000; and for fiscal year 2000, $5,089,000,000.''. (2) The last two sentences of section 310002 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) are repealed. SEC. 3. GENERAL STATEMENT AND DEFINITIONS. (a) General Statement.--Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first sentence and inserting the following: ``This part provides for the enforcement of deficit reduction through discretionary spending limits and pay-as-you-go requirements for fiscal years 1995 through 2002.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking paragraph (4) and inserting the following: ``(4) The term `category' means all discretionary appropriations.''; (2) by striking paragraph (6) and inserting the following: ``(6) The term `budgetary resources' means new budget authority, unobligated balances, direct spending authority, and obligation limitations.''; (3) in paragraph (9), by striking ``1992'' and inserting ``1995''; (4) in paragraph (14), by striking ``1995'' and inserting ``2002''; and (5) by striking paragraph (17) and by redesignating paragraphs (18) through (21) as paragraphs (17) through (20), respectively. SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1991-1998'' and inserting ``1995-2002''; (2) in the first sentence of subsection (b)(1), by striking ``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (3) in subsection (b)(1), by striking subparagraphs (B) and (C) and by striking ``the following:'' and all that follows through ``The adjustments'' and inserting ``the following: the adjustments''; (4) in subsection (b)(2), by striking ``1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (5) by striking subparagraphs (A), (B), and (C) of subsection (b)(2); (6) in subsection (b)(2)(E), by striking clauses (i), (ii), and (iii) and by striking ``(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal years 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002''; and (7) in subsection (b)(2)(F), strike everything after ``the adjustment in outlays'' and insert ``for a category for a fiscal year shall not exceed 0.5 percent of the adjusted discretionary spending limit on outlays for that fiscal year in fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002.''. SEC. 5. ENFORCING PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1992-1998'' and inserting ``1995-2002''; (2) in subsection (d), by striking ``1998'' each place it appears and inserting ``2002''; and (3) in subsection (e), by striking ``1991 through 1998'' and inserting ``1995 through 2002'' and by striking ``through 1995'' and inserting ``through 2002''. SEC. 6. REPORTS AND ORDERS. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (d)(2), by striking ``1998'' and inserting ``2002''; and (2) in subsection (g), by striking ``1998'' each place it appears and inserting ``2002''. SEC. 7. TECHNICAL CORRECTION. Section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985, entitled ``Modification of Presidential Order'', is repealed. SEC. 8. EFFECTIVE DATE. (a) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``1995'' and inserting ``2002''. (b) Expiration.--Section 14002(c)(3) of the Omnibus Budget Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is repealed.
Discretionary Spending Reduction and Control Act of 1995 - Amends the Congressional Budget Act of 1974 to establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through FY 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits, pay-as-you-go requirements, and reporting requirements through FY 2002.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Black Colleges and Universities Innovation Fund Act of 2014''. SEC. 2. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND ``SEC. 786. PURPOSE. ``It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from historically Black colleges and universities, including initiatives designed to-- ``(1) improve student achievement at historically Black colleges and universities; ``(2) increase successful recruitment at historically Black colleges and universities of-- ``(A) students from low-income families of all races; ``(B) adults; and ``(C) military-affiliated students; ``(3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress towards graduation and successfully graduate from such colleges and universities; ``(4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields; ``(5) enhance the quality of teacher preparation programs offered by historically Black colleges and universities; ``(6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and ``(7) expand the effective use of technology at historically Black colleges and universities. ``SEC. 787. DEFINITIONS. ``In this part: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a part B institution as defined in section 322(2); ``(B) a part B institution, as so defined, applying in consortium with one or more other institutions of higher education; ``(C) a part B institution, as so defined, applying in consortium with one or more private nonprofit organizations; ``(D) a part B institution, as so defined, applying in consortium with one or more local educational agencies; or ``(E) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of paragraphs (2), (3), or (4). ``(2) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' as defined in section 322(2). ``SEC. 788. GRANTS AUTHORIZED. ``(a) In General.--With funds made available for this part under section 792, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. ``(b) Planning Grants.-- ``(1) In general.--The Secretary shall use not more than $10,500,000 of the funds made available under section 792 to award planning grants to eligible entities to plan, design, and develop innovations that address the purpose of this part as described in section 786. ``(2) Duration.--A planning grant authorized under this subsection shall be for the duration of 1 year. ``(3) Grant amounts.--Each planning grant authorized under this subsection shall be of an amount that is not more than $100,000. ``(c) Implementation Grants.-- ``(1) In general.--With funds made available for this part under section 792, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field- test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part as described in section 786. ``(2) Duration.--An implementation grant authorized under this subsection shall be for a duration of 5 years, conditional after 3 years upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 789(d), as determined by the Secretary. ``(3) Grant amount.--Each planning grant authorized under this subsection shall be of an amount that is not more than $10,000,000. ``(d) Consortium Entities.-- ``(1) Fiscal agent.-- ``(A) In general.--In the case of an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for a grant under this part shall agree on 1 such member of such eligible entity to serve as the fiscal agent of such entity. ``(B) Responsibilities.--The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity. ``(C) Written agreement.--The agreement described in subparagraph (A) shall be in writing and signed by each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium with the selected fiscal agent for a grant under this part. ``(2) Subgrants.--In the case of an entity described in subparagraph (B), (C), (D), or (E) of section 787(1) that receives a grant under this part, the fiscal agent for such entity (as described in paragraph (1)) may make subgrants to another part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for such grant with such fiscal agent. ``(e) Federal Share.-- ``(1) Planning grants.--The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. ``(2) Implementation grants.-- ``(A) In general.--The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. ``(B) Remaining cost.--An eligible entity that receives a grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in kind contributions. ``SEC. 789. APPLICATIONS. ``(a) In General.--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 reasonably require. ``(b) Consortium Entities.--An application under this section for a planning grant or an implementation grant by an eligible entity that is a part B institution applying for a grant under this part in consortium with another institution of higher education, private nonprofit organization, or educational agency, as described in subparagraph (B), (C), (D), or (E) of section 787(1), shall include the written agreement described in section 788(d)(1)(C). ``(c) Planning Grants.--The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 788(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of one or more educational innovations that address the purpose of this part as described in section 786. ``(d) Implementation Grants.--An application under this section for an implementation grant authorized under section 788(c) shall include, in addition to the requirement under subsection (b), descriptions of-- ``(1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including, as applicable, a description of the evidence supporting the effectiveness of each such innovation; ``(2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 786, and how each such innovation will further the institutional or organizational missions of, as applicable, the part B institution and each institution of higher education, private nonprofit organization, and educational agency applying in consortium with such part B institution for such grant; ``(3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application submitted by an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), a description of the activities that the part B institution and each institution of higher education, private nonprofit organization, and educational agency of the consortium will carry out and a description of the capacity of each such institution, organization, and educational agency to carry out such activities; ``(4) the performance measures that the eligible entity will use to track its progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; ``(5) how the eligible entity will provide the amount required under section 788(e)(2)(B); ``(6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes-- ``(A) an interim report (evaluating the progress made in the first 3 years of the grant); and ``(B) a final report (completed at the end of the grant period); and ``(7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. ``SEC. 790. PRIORITY. ``In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including-- ``(1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; ``(2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; ``(3) educational innovations that bring together the resources of part B institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; ``(4) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and ``(5) educational innovations described in paragraphs (3) and (6) of section 791(b). ``SEC. 791. USE OF FUNDS. ``(a) Planning Grants.--An eligible entity receiving a planning grant authorized under section 788(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes-- ``(1) an assessment of the needs of the part B institution and, in the case of an eligible entity applying in a consortium described in subparagraph (B), (C), (D), or (E) of section 787(1), the needs of such other institution of higher education, private nonprofit organization, or educational agency; ``(2) research on educational innovations, consistent with the purpose of this part, as described in section 786, to meet the needs described in paragraph (1); ``(3) the selection of one or more such educational innovations to be implemented; ``(4) an assessment of the capacity of the part B institution and, in the case of an eligible entity applying in a consortium as described in subparagraph (B), (C), (D), or (E) of section 787(1), the capacity of such other institution of higher education, private nonprofit organization, or educational agency to implement each such educational innovation; and ``(5) activities to further develop such capacity. ``(b) Implementation Grants.--An eligible entity receiving an implementation grant under section 788(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 786, such as educational innovations designed to-- ``(1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence- based redesign of such coursework) and pursue and succeed in postsecondary studies; ``(2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high- achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); ``(3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; ``(4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; ``(5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; ``(6) enhance the quality of teacher preparation programs at part B institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; ``(7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and ``(8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). ``SEC. 792. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part.''.
Historically Black Colleges and Universities Innovation Fund Act of 2014 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive one-year planning grants and five-year implementation grants to historically black colleges or universities to plan, develop, and implement educational innovations. Allows an historically black college or university to apply for such grants by itself or in a consortium with one or more other institutions of higher education, private nonprofit organizations, or local educational agencies (LEAs). Requires implementation grant recipients to use the grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations, including those designed to: improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework and successfully pursue postsecondary studies; improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students from low-income families, such as through activities undertaken in partnership with LEAs and nonprofit organizations; increase the number or percentage of students who enroll in science, technology, engineering, and mathematics (STEM) courses, graduate with STEM degrees, and pursue advanced STEM studies; increase the number or percentage of students who graduate from postsecondary school on time; implement evidence-based improvements to courses to improve student outcomes and reduce students' costs; enhance the quality of teacher preparation programs at historically black colleges or universities; and expand the effective use of technology in higher education. Makes the five-year duration of each implementation grant conditional after the third year of such grant on the Secretary determining that the grantee is achieving satisfactory progress in carrying out its educational innovations. Limits the federal share to not more than 85% of the total cost of carrying out a project funded by an implementation grant.
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