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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Community Attendant Services Act of 1997''. SEC. 2. COVERAGE OF COMMUNITY-BASED ATTENDANT SERVICES UNDER THE MEDICAID PROGRAM. (a) Requiring Coverage for Individuals Entitled to Nursing Facility Services or Intermediate Care Facility Services for the Mentally Retarded.--Section 1902(a)(10)(D) of the Social Security Act (42 U.S.C. 1396a(a)(10)(D)) is amended-- (1) by inserting ``(i)'' after ``(D)'', and (2) by adding at the end the following: ``(ii) subject to section 1932(b), for the inclusion of qualified community-based attendant services for any individual who, under the State plan, is entitled to nursing facility services or intermediate care facility services for the mentally retarded and who requires such services based on functional need (and without regard to age or disability);''. (b) Medicaid Coverage of Community-Based Attendant Services.-- (1) In general.--Title XIX of the Social Security Act, as amended by section 114(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, is amended-- (A) by redesignating section 1932 as section 1933, and (B) by inserting after section 1931 the following new section: ``coverage of qualified community-based attendant services ``Sec. 1932. (a) Qualified Community-Based Attendant Services Defined.-- ``(1) In general.--In this title, the term `qualified community-based attendant services' means attendant services (as defined by the Secretary) furnished to an individual-- ``(A) on an as-needed basis under a plan of service that is based on an assessment of functional need and that is agreed to by the individual; ``(B) in a home or community-based setting, which may include a school, workplace, or recreation or religious facility, but does not include a nursing facility, an intermediate care facility for the mentally retarded, or other institutional facility; ``(C) under either an agency-provider model or other model (as defined in subsection (c)); and ``(D) the furnishing of which is selected, managed, controlled by the individual (as defined by the Secretary). ``(2) Services included.--Such term includes-- ``(A) backup and emergency attendant services; ``(B) voluntary training on how to select, manage, and dismiss attendants; and ``(C) health-related tasks (as defined by the Secretary) that are assigned to, delegated to, or performed by, unlicensed personal attendants. ``(3) Excluded services.--Subject to paragraph (4), such term does not include-- ``(A) provision of room and board, and ``(B) prevocational, vocational, and supported employment. ``(4) Flexibility in transition to home setting.--Under regulations of the Secretary, such term may include expenditures for transitional costs, such as rent and utility deposits, first months's rent and utilities, bedding, basic kitchen supplies, and other necessities required for an individual to make the transition from a nursing facility or intermediate care facility for the mentally retarded to a home setting. ``(b) Limitation on Amounts of Expenditures as Medical Assistance.-- ``(1) In general.--In carrying out section 1902(a)(10)(D)(ii), a State shall permit an individual who is entitled to medical assistance with respect to nursing facility services or intermediate care facility services for the mentally retarded and who qualifies for the receipt of such services to choose to receive medical assistance for qualified community-based attendant services (rather than medical assistance for such institutional services), in the most integrated setting appropriate to the needs of the individual, so long as the aggregate amount of the Federal expenditures for such individuals in a fiscal year does not exceed the total that would have been expended for such individuals to receive such institutional services in the year plus, subject to subsection (e), the transitional allotment to the State for the fiscal year involved, as determined under paragraph (2)(B). ``(2) Transitional allotments.-- ``(A) Total amount.--The total amount of the transitional allotments under this paragraph for-- ``(i) fiscal year 1998 is $580,000,000, ``(ii) fiscal year 1999 is $480,000,000, ``(iii) fiscal year 2000 is $380,000,000, ``(iv) fiscal year 2001 is $280,000,000, ``(v) fiscal year 2002 is $180,000,000 and ``(vi) fiscal year 2003 is $100,000,000. ``(B) State allotments.--The Secretary shall provide a formula for the distribution of the total amount of the transitional allotments provided in each fiscal year under subparagraph (A) among States. Such formula shall give preference to States that have a relatively higher proportion of long-term care services furnished to individuals in an institutional setting but who have a plan under subsection (e) to significantly reduce such proportion. ``(C) Use of funds.--Such funds allotted to, but not expended in, a fiscal year to a State are available for expenditure in the succeeding fiscal year. ``(c) Delivery Models.--For purposes of this section: ``(1) Agency-provider model.--The term `agency-provider model' means, with respect to the provision of community-based attendant services for an individual, a method of providing such services under which a single entity contracts for the provision of such services. ``(2) Other model.--The term `other model' means a method, other than an agency-provider model, for provision of services. Such a model may include the provision of vouchers, direct cash payments, or use of a fiscal agent to assist in obtaining services. ``(d) Quality Assurance.-- ``(1) In general.--No Federal financial participation shall be available with respect to qualified community-based attendant services furnished under an agency-provider model or other model unless the State establishes and maintains a quality assurance program that is developed after public hearings, that is based on consumer satisfaction, and that, in the case of services furnished under the agency-provider model, meets the following requirements: ``(A) Survey and certification.--The State periodically certifies and surveys such provider- agencies. Such surveys are conducted on an unannounced basis and average at least 1 a year for each agency- provider. ``(B) Standards.--The State adopts standards for survey and certification that include-- ``(i) minimum qualifications and training requirements for provider staff; ``(ii) financial operating standards; and ``(iii) a consumer grievance process. ``(C) Monitoring boards.--The State provides a system that allows for monitoring boards consisting of providers, family members, consumers, and neighbors to advise and assist the State. ``(D) Public reporting.--The State establishes reporting procedures to make available information to the public. ``(E) Ongoing monitoring.--The State provides ongoing monitoring of the delivery of attendant services and the effect of those services on the health and well-being of each recipient. ``(2) Protection of beneficiaries.-- ``(A) In general.--The regulations promulgated under section 1930(h)(1) shall apply with respect to the protection of the health, safety, and welfare of individuals receiving qualified community-based attendant services in the same manner as they apply to individuals receiving community supported living arrangements services. ``(B) Development of additional regulations.--The Secretary shall develop additional regulations to protect the health, safety, and welfare for individuals receiving qualified community-based attendant services other than under an agency-provider model. Such regulations shall be designed to maximize the consumers' independence and control. ``(C) Sanctions.--The provisions of section 1930(h)(2) shall apply to violations of regulations described in subparagraph (A) or (B) in the same manner as they apply to violations of regulations described in section 1930(h)(1). ``(e) Transition Plan.-- ``(1) In general.--As a condition for receipt of a transitional allotment under subsection (b)(2), a State shall develop a long-term care services transition plan that establishes specific action steps and specific timetables to increase the proportion of long-term care services provided under the plan under this title in home and community-based settings, rather than institutional settings. ``(2) Participation.--The plan under paragraph (1) shall be developed with major participation by both the State Independent Living Council and the State Developmental Disabilities Council, as well as input from the Councils on Aging. ``(f) Eligibility.--Effective January 1, 1999, a State may not exercise the option of coverage of individuals under section 1902(a)(10)(A)(ii)(V) without providing coverage under section 1902(a)(10)(A)(ii)(VI). ``(g) Report on Impact of Section.--The Secretary shall submit to Congress periodic reports on the impact of this section on beneficiaries, States, and the Federal Government.''. (c) Coverage as Medical Assistance.-- (1) In general.--Section 1905(a) of such Act (42 U.S.C. 1396d) is amended-- (A) by striking ``and'' at the end of paragraph (24), (B) by redesignating paragraph (25) as paragraph (26), and (C) by inserting after paragraph (24) the following new paragraph: ``(25) qualified community-based attendant services (to the extent allowed and as defined in section 1932); and''. (2) Eligibility classifications.--Section 1902(a)(10)(A)(ii)(VI) (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) is amended by inserting ``or qualified community-based attendant services'' after ``section 1915'' each it appears. (3) Conforming amendments.--(A) Section 1902(j) of such Act (42 U.S.C. 1396a(j)) is amended by striking ``(25)'' and inserting ``(26)''. (B) Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by striking ``(24)'' and inserting ``(25)''. (d) Review of, and Report on, Regulations.--The Secretary of Health and Human Services shall review existing regulations under title XIX of the Social Security Act insofar as they regulate the provision of home health services and other services in home and community-based settings. The Secretary shall submit to Congress a report on how excessive utilization of medical services can be reduced under such title by using qualified community-based attendant services. (e) Development of Functional Needs Assessment Instrument.--The Secretary shall develop a functional needs assessment instrument that assesses an individual's need for qualified community-based attendant services and that may be used in carrying out sections 1902(a)(10)(D)(ii) and 1932 of the Social Security Act. (f) Task Force on Financing of Long-Term Care Services.--The Secretary shall establish a task force to examine appropriate methods for financing long-term care services. Such task force shall include significant representation of individuals (and representatives of individuals) who receive such services. SEC. 3. STATE OPTION FOR ELIGIBILITY FOR INDIVIDUALS. (a) In General.--Section 1903(f) of the Social Security Act (42 U.S.C. 1396b(f)) is amended-- (1) in paragraph (4)(C), by inserting ``subject to paragraph (5),'' after ``does not exceed'', and (2) by adding at the end the following: ``(5)(A) A State may waive the income limitation described in paragraph (4)(C) in such cases as the State finds the potential for employment opportunities would be enhanced through the provision of such services. ``(B) In the case of an individual who is made eligible for medical assistance because of subparagraph (A), notwithstanding section 1916(b), the State may impose a premium based on a sliding scale relating to income.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance provided for items and services furnished on or after January 1, 1998.
Medicaid Community Attendant Services Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of qualified community-based attendant services for any individual entitled to nursing facility or intermediate care facility services. Limits such services to those furnished to an individual in a home or community-based setting, which may include a school, workplace, or recreating or religious facility, but not a nursing facility, an intermediate care facility for the mentally retarded, or other institutional facility. Directs the Secretary of Health and Human Services to: (1) review existing Medicaid regulations for home health services and other services in home and community-based settings; (2) report to the Congress on how excessive utilization of medical services can be reduced under Medicaid by using qualified community-based attendant services; (3) develop a functional needs assessment instrument with respect to an individual's need for such services; and (4) establish a task force to examine appropriate methods for financing long-term care services. Amends SSA title XIX to allow States to waive certain income limitations with respect to Medicaid payments to individuals eligible for medical assistance who are also eligible for or already receiving a State supplementary payment. Allows such a waiver in such cases as the State finds the potential for employment opportunities would be enhanced through the provision of qualified community-based attendant services. Allows the State, in the case of such an individual made eligible for medical assistance because of such a waiver, to impose a premium based on a sliding scale relating to income.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) Shimon Peres was born in Poland in 1923. (2) The Peres family emigrated to Tel Aviv in 1934, and all of the family members of Shimon Peres who remained in Poland were murdered during the Holocaust. (3) Before Israel gained independence, Shimon Peres earned the respect of senior leaders in the independence movement in Israel, most notably David Ben-Gurion. (4) The founding generation of Israel was central to the development of Israel, and Shimon Peres is the only surviving member of that founding generation. (5) Shimon Peres has served in numerous high-level cabinet positions and ministerial posts in Israel, including head of the Israeli Navy, Minister of Defense, Foreign Minister, Prime Minister, and President, among many others. (6) Shimon Peres has honorably served Israel for over 70 years, during which he has significantly contributed to United States interests and has played a pivotal role in forging the strong and unbreakable bond between the United States and Israel. (7) By presenting the Congressional Gold Medal to Shimon Peres, the first to be awarded to a sitting President of Israel, Congress proclaims its unbreakable bond with Israel and reaffirms its continual support for Israel as we commemorate the 65th anniversary of the independence of Israel and the 90th birthday of Shimon Peres, which are both significant milestones in Israeli history. (8) Maintaining strong bilateral relations between the United States and Israel has been a priority of Shimon Peres since he began working with the United States in the days of John F. Kennedy. The strong bond is exemplified by the following: (A) President Reagan said to Shimon Peres upon his visit to the United States, ``Mr. Prime Minister, I thank you very much for your visit. It's been an occasion to renew a friendship and to review and enhance the strength of our unique bilateral relationship.'' (B) At another point President Reagan said of Shimon Peres, ``His vision, his statesmanship and his tenacity are greatly appreciated here.'' (C) While visiting with Shimon Peres at the Residence of the President in Jerusalem, President Obama described Shimon Peres as ``. . . a son of Israel who's devoted his life to keeping Israel strong and sustaining the bonds between our two nations''. (D) On March 20, 2013, Shimon Peres reaffirmed his belief in the relationship between the United States and Israel, stating, ``America stood by our side from the very beginning. You support us as we rebuild our ancient homeland and as we defend our land. From Holocaust to redemption.'' (E) On March 21, 2013, Shimon Peres stated, ``. . . America is so great and we are so small. But I learned that you don't measure us by size, but by values. When it comes to values, we are you and you are us. . . . As I look back, I feel that the Israel of today has exceeded the vision we had 65 years ago. Reality has surpassed our dreams. The United States of America helped us to make this possible.'' SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to President Shimon Peres. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization of Charges.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Passed the Senate March 13, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1456 _______________________________________________________________________ AN ACT To award the Congressional Gold Medal to Shimon Peres.
. Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal in honor of President Shimon Peres of Israel.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Mapping Integration Act''. SEC. 2. INTEGRATED OCEAN AND COASTAL MAPPING PROGRAM. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration shall establish a program to develop, in coordination with the Interagency Committee on Ocean and Coastal Mapping, a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and Coastal State waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision- making for conservation and management of marine resources and habitats, establishes research priorities, supports the siting of research and other platforms, and advances ocean and coastal science. (b) Program Parameters.--In developing such a program, the Administrator shall work with the Committee to-- (1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) promote cost-effective, cooperative mapping efforts among all Federal agencies conducting ocean and coastal mapping agencies by increasing data sharing, developing data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted in cooperation with the private sector, academia, and other non-Federal entities; (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal government and the private sector or academia; (5) centrally archive, manage, and distribute data sets as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop specific data presentation standards for use by Federal, State, and other entities that document locations of federally permitted activities, living and nonliving resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, and any areas designated for the purposes of environmental protection or conservation and management of living marine resources; and (7) identify the procedures to be used for coordinating Federal data with State and local government programs. SEC. 3. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING. (a) Establishment.--There is hereby established an Interagency Committee on Ocean and Coastal Mapping. (b) Membership.--The Committee shall be comprised of senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be high- ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this Act. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, Minerals Management Service, National Science Foundation, National Geospatial-Intelligence Agency, United States Army Corps of Engineers, United States Coast Guard, Environmental Protection Agency, Federal Emergency Management Agency and National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Chairman.--The Committee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairman may create subcommittees chaired by any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. (d) Meetings.--The Committee shall meet on a quarterly basis, but subcommittee or working group meetings shall meet on an as-needed basis. (e) Coordination.--The committee should coordinate activities, when appropriate, with-- (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee; (2) international mapping activities; and (3) States and user groups through workshops and other appropriate mechanisms. SEC. 4. NOAA INTEGRATED MAPPING INITIATIVE. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National Oceanic and Atmospheric Administration. (b) Plan Requirements.--The plan shall-- (1) identify and describe all ocean and coastal mapping programs within the agency, including those that conduct mapping or related activities in the course of existing missions, such as hydrographic surveys, ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, and ocean and coastal science projects; (2) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping, as well as minimum data acquisition and metadata standards for those programs; (3) encourage the development of innovative ocean and coastal mapping technologies and applications through research and development through cooperative or other agreements at joint centers of excellence and with the private sector; (4) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, non-governmental organizations, and the private sector; (5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration's programs, ships, and aircraft to support a coordinated ocean and coastal mapping program; (6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration, including-- (A) designating primary data processing centers to maximize efficiency in information technology investment, develop consistency in data processing, and meet Federal mandates for data accessibility; and (B) designating a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and State programs; and (6) set forth a timetable for implementation and completion of the plan, including a schedule for periodic Congressional progress reports, and recommendations for integrating approaches developed under the initiative into the interagency program. (c) NOAA Joint Ocean and Coastal Mapping Centers.--The Secretary is authorized to maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and are authorized to conduct activities necessary to carry out the purposes of this Act, including-- (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States outer continental shelf; (3) data processing for non-traditional data and uses; (4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations and ocean exploration; and (5) providing graduate education in ocean and coastal mapping sciences for National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. SEC. 5. INTERAGENCY PROGRAM REPORTING. No later than 18 months after the date of enactment of this Act, and bi-annually thereafter, the Chairman of the Committee shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources a report detailing progress made in implementing the provisions of this Act, including-- (1) an inventory of ocean and coastal mapping data, noting the metadata, within the territorial seas and the exclusive economic zone and throughout the continental shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data; (2) identification of priority areas in need of survey coverage using present technologies; (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished; (4) the status of efforts to produce integrated digital maps of ocean and coastal areas; (5) a description of any products resulting from coordinated mapping efforts under this Act that improve public understanding of the coasts, oceans, or regulatory decision- making; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing and distribution systems; (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public; and (10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will-- (A) cover the area from the authorized coastal counties through the territorial sea; (B) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion; and (11) the status of efforts to coordinate Federal programs with State and local government programs and leverage those programs. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to the amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d), there are authorized to be appropriated to the Administrator to carry out this Act-- (1) $20,000,000 for fiscal year 2005; (2) $26,000,000 for fiscal year 2006; (3) $32,000,000 for fiscal year 2007; (4) $38,000,000 for fiscal year 2008; and (5) $45,000,000 for each of fiscal years 2009 through 2012. (b) Joint Ocean and Coastal Mapping Centers.--Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 4(c) of this Act: (1) $10,000,000 for fiscal year 2005. (2) $11,000,000 for fiscal year 2006. (3) $12,000,000 for fiscal year 2007. (4) $13,000,000 for fiscal year 2008. (5) $15,000,000 for each of fiscal years 2009 through 2012. (c) Interagency Committee.--Notwithstanding any other provision of law, from amounts authorized to be appropriated for fiscal years 2005 through 2012 to the Department of Defense, the Department of the Interior, the Department of Homeland Security, the Environmental Protection Agency, and the National Aeronautics and Space Administration, the head of each such department or agency may make available not more than $10,000,000 per fiscal year to carry out interagency activities under section 3 of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4). (3) Committee.--The term ``Committee'' means the Interagency Ocean Mapping Committee established by section 3. (4) Exclusive economic zone.--The term ``exclusive economic zone'' means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (5) Ocean and coastal mapping.--The term ``ocean and coastal mapping'' means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. (6) Territorial sea.--The term ``territorial sea'' means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988. Passed the Senate November 16, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2489 _______________________________________________________________________ AN ACT To establish a program within the National Oceanic and Atmospheric Administration to integrate Federal coastal and ocean mapping activities.
Ocean and Coastal Mapping Integration Act - (Sec. 2) Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a program to develop, in coordination with the Interagency Committee on Ocean and Coastal Mapping , a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and Coastal State waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research priorities, supports the siting of research and other platforms, and advances ocean and coastal science. Prescribes program parameters. (Sec. 3) Establishes an Interagency Committee on Ocean and Coastal Mapping (Committee) comprising senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities, and chaired by the representative from the NOAA. (Sec. 4) Instructs the Administrator, in consultation with the Committee, to develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within NOAA that: (1) identifies all coastal and ocean mapping programs within NOAA; (2) encourages the development of innovative coastal and ocean mapping technologies and applications through research and development (R&D) cooperative agreements at joint institutes; and (3) documents available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, non-governmental organizations, and the private sector. Authorizes the Secretary of Commerce to establish joint hydrographic centers of excellence. Prescribes plan requirements. Authorizes the Secretary of Commerce to operate up to three joint ocean and coastal mapping centers, including a joint hydrographic center, to serve as hydrographic centers of excellence and to conduct activities to implement this Act. (Sec. 5) Requires the Chairman of the Committee to transmit bi-annually to certain congressional committees a status report detailing progress made in implementing the provisions of this Act. (Sec. 6) Authorizes appropriations for FY 2005 through 2012.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Jobs Opportunity Act''. 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 owned and controlled by one or more veterans or spouses of veterans and the principal place of business of which is in an underserved community. ``(2) Ownership and control.--The term `owned and 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. ``(3) 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. ``(4) Underserved community.--The term `underserved community' means any area located within-- ``(A) a HUBZone (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))), ``(B) an empowerment zone, or enterprise community, designated under section 1391 (and without regard to whether or not such designation remains in effect), ``(C) an area of low income or moderate income (as recognized by the Federal Financial Institutions Examination Council), or ``(D) a county with persistent poverty (as classified by the Economic Research Service of the Department of Agriculture). ``(5) Veteran or spouse of veteran.--The term `veteran or spouse of a veteran' has the meaning given such term by section 7(a)(31)(G)(iii) of the Small Business Act (15 U.S.C. 636(a)(31)(G)(iii)). ``(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) Report by Treasury Inspector General for Tax Administration.-- Every fourth year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall include in one of the semiannual reports under section 5 of the Inspector General Act of 1978 with respect to such year, an evaluation of the program under section 45S of the Internal Revenue Code of 1986 (as added by this section), including an evaluation of the success of, and accountability with respect to, such program. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Veterans Jobs Opportunity Act This bill amends the Internal Revenue Code to allow a new business-related tax credit for the start-up expenses of a veteran-owned small business in an underserved community. 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 Armed Forces, and (2) has not been discharged or released from the Armed Forces under dishonorable conditions. An "underserved community" is any area located within: (1) a HUBZone (as defined by the Small Business Act), (2) an empowerment zone or an enterprise community, (3) an area of low income or moderate income (as recognized by the Federal Financial Institutions Examination Council), or (4) a county with persistent poverty (as classified by the Economic Research Service of the Department of Agriculture).
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Small Business Competition Preservation Act of 2000''. SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH RESPECT TO BUNDLED CONTRACTS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(p) Database, Analysis, and Annual Report With Respect to Bundled Contracts.-- ``(1) Bundled contract defined.--In this subsection, the term `bundled contract' includes-- ``(A) each contract that meets the definition set forth in section 3(o) regardless of whether the contracting agency has conducted a study of the effects of the solicitation for the contract on civilian or military personnel of the United States; and ``(B) each new procurement requirement that permits the consolidation of two or more procurement requirements. ``(2) Database.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this subsection, the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding-- ``(i) each bundled contract awarded by a Federal agency; and ``(ii) each small business concern that has been displaced as a prime contractor as a result of the award of such a contract. ``(3) Analysis.--For each bundled contract that is to be recompeted as a bundled contract, the Administrator shall determine-- ``(A) the amount of savings and benefits (in accordance with subsection (e)) achieved under the bundling of contract requirements; and ``(B) whether such savings and benefits will continue to be realized if the contract remains bundled, and whether such savings and benefits would be greater if the procurement requirements were divided into separate solicitations suitable for award to small business concerns. ``(4) Annual report on contract bundling.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this paragraph, and annually in March thereafter, the Administration shall transmit a report on contract bundling to the Committees on Small Business of the House of Representatives and the Senate. ``(B) Contents.--Each report transmitted under subparagraph (A) shall include-- ``(i) data on the number, arranged by industrial classification, of small business concerns displaced as prime contractors as a result of the award of bundled contracts by Federal agencies; and ``(ii) a description of the activities with respect to previously bundled contracts of each Federal agency during the preceding year, including-- ``(I) data on the number and total dollar amount of all contract requirements that were bundled; and ``(II) with respect to each bundled contract, data or information on-- ``(aa) the justification for the bundling of contract requirements; ``(bb) the cost savings realized by bundling the contract requirements over the life of the contract; ``(cc) the extent to which maintaining the bundled status of contract requirements is projected to result in continued cost savings; ``(dd) the extent to which the bundling of contract requirements complied with the contracting agency's small business subcontracting plan, including the total dollar value awarded to small business concerns as subcontractors and the total dollar value previously awarded to small business concerns as prime contractors; and ``(ee) the impact of the bundling of contract requirements on small business concerns unable to compete as prime contractors for the consolidated requirements and on the industries of such small business concerns, including a description of any changes to the proportion of any such industry that is composed of small business concerns.''. Passed the House of Representatives September 20, 2000. Attest: JEFF TRANDAHL, Clerk.
Requires an annual report from the Administrator to the congressional small business committees on contract bundling.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercializing Small Business Research and Development Act''. SEC. 2. FOCUS ON COMMERCIALIZATION. Section 9(a) of the Small Business Act (15 U.S.C. 638(a)) is amended by adding at the end the following: ``It is further the policy of Congress that the programs established in this section should focus on promoting research and development of projects governed by commercial business plans, which have significant potential to produce products or services for the marketplace or for acquisition by Federal agencies.''. SEC. 3. INCLUSION OF ENERGY-RELATED RESEARCH TOPICS AND RARE DISEASE- RELATED RESEARCH TOPICS AS DESERVING ``SPECIAL CONSIDERATION'' AS SBIR RESEARCH TOPICS. Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)) is amended-- (1) in the matter preceding subparagraph (A) by inserting after ``critical technologies'' the following: ``or pressing research priorities''; (2) at the end of subparagraph (A) by striking ``or''; and (3) by adding at the end the following: ``(C) the National Academy of Sciences, in the final report issued by the `America's Energy Future: Technology Opportunities, Risks, and Tradeoffs' project, and in subsequent reports issued by the National Academy of Sciences on sustainability, energy, and alternative fuels; ``(D) the National Institutes of Health, in the annual report on the rare diseases research activities of the National Institutes of Health for fiscal year 2005, and in subsequent reports issued by the National Institutes of Health on rare diseases research activities; or ``(E) the National Academy of Sciences, in the final report issued by the `Transit Research and Development: Federal Role in the National Program' project and the `Transportation Research, Development and Technology Strategic Plan (2006-2010)' issued by the United States Department of Transportation Research and Innovative Technology Administration, and in subsequent reports issued by the National Academy of Sciences and United States Department of Transportation on transportation and infrastructure;''. SEC. 4. NANOTECHNOLOGY-RELATED RESEARCH TOPICS. (a) SBIR.--Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)), as amended, is further amended-- (1) at the end of subparagraph (D) by striking ``or''; (2) at the end of subparagraph (E) by adding ``or''; and (3) by adding at the end the following: ``(F) the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in subsequent reports issued by the National Science and Technology Council Committee on Technology, focusing on areas of nanotechnology identified in such plan;''. (b) STTR.--Section 9(o)(3) of the Small Business Act (15 U.S.C. 638(o)(3)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by adding ``or''; and (3) by adding at the end the following: ``(C) by the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in subsequent reports issued by the National Science and Technology Council Committee on Technology, focusing on areas of nanotechnology identified in such plan;''. SEC. 5. CLARIFYING THE DEFINITION OF ``PHASE THREE''. Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended-- (1) in paragraph (4)(C) in the matter preceding clause (i) by inserting after ``a third phase'' the following: ``, which shall consist of work that derives from, extends, or logically concludes efforts performed under prior SBIR funding agreements (which may be referred to as `Phase III')''; (2) in paragraph (8) by striking ``and'' at the end; (3) in paragraph (9) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(10) the term `commercialization' means the process of developing marketable products or services and producing and delivering products or services for sale (whether by the originating party or by others) to government or commercial markets.''. SEC. 6. AGENCY RESEARCH GOALS. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by striking subsection (h) and inserting the following: ``(h) Agency Research Goals.-- ``(1) In general.--In addition to the requirements of subsection (f), each Federal agency that is required by this section to have an SBIR program and that awards annually $5,000,000,000 or more in procurement contracts shall, effective for fiscal year 2010 and each fiscal year thereafter, establish annual goals for commercialization of projects funded by SBIR awards. ``(2) Specific goals.--The goals required by paragraph (1) shall include specific goals for each of the following: ``(A) The percentage of SBIR projects that receive funding for the third phase (as defined in subsection (e)(4)(C)). ``(B) The percentage of SBIR projects that are successfully integrated into a program of record. ``(C) The amount of Federal dollars received by SBIR projects through Federal contracts, not including dollars received through the SBIR program. ``(3) Submission to committees.--For each fiscal year for which goals are required by paragraph (1), the agency shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate-- ``(A) not later than 60 days after the beginning of the fiscal year, the goals; and ``(B) not later than 90 days after the end of the fiscal year, data on the extent to which the goals were met and a description of the methodology used to collect such data.''. SEC. 7. COMMERCIALIZATION PROGRAMS. Section 9 of the Small Business Act (15 U.S.C. 638) as amended, is further amended, by adding at the end the following: ``(aa) Commercialization Programs.-- ``(1) In general.--Each agency required by this section to conduct an SBIR program shall establish a commercialization program that supports the progress of SBIR awardees to the third phase. The commercialization program may include activities such as partnership databases, partnership conferences, multiple second phases, mentoring between prime contractors and SBIR awardees, multiple second phases with matching private investment requirements, jumbo awards, SBIR helpdesks, and transition assistance programs. The agency shall include in its annual report an analysis of the various activities considered for inclusion in the commercialization program and a statement of the reasons why each activity considered was included or not included, as the case may be. ``(2) Funding for commercialization programs.-- ``(A) In general.--From amounts made available to carry out this paragraph, the Administrator may, on petition by agencies required by this section to conduct an SBIR program, transfer funds to such agencies to support the commercialization programs of such agencies. ``(B) Petitions.--The Administrator shall establish rules for making transfers under subparagraph (A). The initial set of rules shall be promulgated not later than 90 days after the date of the enactment of this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this paragraph $27,500,000 for fiscal year 2010 and each fiscal year thereafter. ``(3) Funding limitation.--For payment of expenses incurred to administer the commercialization programs described in paragraphs (1) and (2), the head of an agency may use not more than an amount equal to 1 percent of the funds set aside for the agency's Small Business Innovation Research program. Such funds-- ``(A) shall not be subject to the limitations on the use of funds in subsection (f)(2); and ``(B) shall not be used for the purpose of funding costs associated with salaries and expenses of employees of the Federal Government.''.
Commercializing Small Business Research and Development Act - Amends the Small Business Act to state as the policy of Congress that Small Business Administration (SBA) research and development (R&D) programs should focus on promoting R&D of projects governed by commercial business plans which have significant potential to produce products or services for the marketplace or for acquisition by federal agencies. Includes energy-related and rare disease-related research topics as deserving special consideration under Small Business Innovation Research (SBIR) Program research topics. Includes nanotechnology-related topics within authorized research topics under the SBIR Program and Small Business Technology Transfer (STTR) Program. Requires each federal agency that is required to have an SBIR program and that awards annually $5 billion or more in procurement contracts to establish, for FY2010 and thereafter, annual goals for the commercialization of projects funded by SBIR awards. Directs each federal agency required to conduct an SBIR program to establish a commercialization program that supports the progress of SBIR awardees to the third (final) phase. Provides funding for such commercialization programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovators to Entrepreneurs Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Science Foundation Innovation Corps Program (hereinafter referred to as ``I-Corps''), created administratively by the Foundation in 2011 and statutorily authorized in the American Innovation and Competitiveness Act, has succeeded in increasing the commercialization of Government-funded research. (2) I-Corps provides valuable entrepreneurial education to graduate students, postdoctoral fellows, and other researchers, providing formal training for scientists and engineers to pursue careers in business, an increasingly common path for advanced degree holders. (3) The I-Corps Teams program is successful in part due to its focus on providing the specific types of education and mentoring entrepreneurs need based on the early stage of their companies, however the program does not provide similar support to them at later stages. (4) The success of I-Corps in the very early stages of the innovation continuum should be expanded upon by offering additional entrepreneurship training to small businesses as they advance toward commercialization. (5) The excellent training made available to grantees of participating agencies through the I-Corps Program should be made available to all Federal grantees as well as other businesses willing to pay the cost of attending such training. (6) The success of the I-Corps Program at promoting entrepreneurship within research institutions and encouraging research commercialization has been due in part to the National Science Foundation's efforts to date on building a national network of science entrepreneurs, including convening stakeholders, promoting national I-Corps courses, cataloguing best practices and encourage sharing between sites and institutions, and developing a mentor network. (7) As the I-Corps Program continues to grow and expand, the National Science Foundation should maintain its focus on networking and information sharing to ensure that innovators across the country can learn from their peers and remain competitive. SEC. 3. EXPANDED PARTICIPATION IN I-CORPS. Section 601(c)(2) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)(2)) is amended by adding at the end the following: ``(C) Additional participants.-- ``(i) Eligibility.--The Director, in consultation with relevant stakeholders, as determined by the Director, which may include Federal agencies, I-Corps regional nodes, universities, and public and private entities engaged in technology transfer or commercialization of technologies, shall provide an option for participation in an I- Corps Teams course by-- ``(I) Small Business Innovation Research Program grantees; and ``(II) other entities, as determined appropriate by the Director. ``(ii) Cost of participation.--The cost of participation by a Small Business Innovation Research Program grantee in such course may be provided-- ``(I) through I-Corps Teams grants; ``(II) through funds awarded to grantees under the Small Business Innovation Research Program or the Small Business Technology Transfer Program; ``(III) by the grantor Federal agency of the grantee using funds set aside for the Small Business Innovation Research Program under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)); ``(IV) by the grantor Federal agency of the grantee using funds set aside for the Small Business Technology Transfer Program under section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)); or ``(V) by the participating teams.''. SEC. 4. I-CORPS COURSE FOR COMMERCIALIZATION-READY PARTICIPANTS. (a) In General.--In carrying out the I-Corps program described in section 601(c) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)), the Director shall develop an I-Corps course offered by I-Corps regional nodes to support commercialization-ready participants. Such course shall include skills such as attracting investors, scaling up a company, and building a brand. (b) Engagement With Relevant Stakeholders.--In developing the course under subsection (a), the Director may consult with the heads of such Federal agencies, universities, and public and private entities as the Director determines to be appropriate. (c) Eligible Participants.--The course developed under subsection (a) shall-- (1) support participants that have completed an I-Corps Teams course; (2) support participants that have made the decision to take an innovation to market. SEC. 5. REPORT. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the I-Corps program described in section 601(c) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)). Such evaluation shall include an assessment of the effects of I-Corps on-- (1) the commercialization of Federally funded research and development; (2) the higher education system; and (3) regional economies and the national economy. SEC. 6. FUNDING. (a) Fiscal Years 2019 and 2020.--Out of amounts otherwise authorized for the National Science Foundation, there is authorized to be appropriated a total of $5,000,000 for fiscal years 2019 and 2020 to carry out the activities described in section 4 and the amendment made by section 3. (b) Limitation.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives April 24, 2018. Attest: KAREN L. HAAS, Clerk.
Innovators to Entrepreneurs Act of 2018 (Sec. 3) This bill amends the American Innovation and Competitiveness Act to require the National Science Foundation (NSF) to provide as an option under the Innovation Corps (I-Corps) Program participation in an I-Corps Teams course by grantees of the Small Business Innovation Research (SBIR) Program and other entities. The cost of participation by such a grantee in a course may be furnished: through I-Corps Teams grants, through funds awarded to grantees under the SBIR Program or the Small Business Technology Transfer (STTR) Program, by the grantor federal agency using the funds set aside for the SBIR and STTR Programs, or by the participating teams. (Sec. 4) The NSF shall develop an I-Corps course to support commercialization-ready participants. The course shall support participants that have completed an I-Corps Teams course and participants that have made the decision to market an innovation. (Sec. 5) The Government Accountability Office shall evaluate the I-Corps Program, including by assessing the effects of the I-Corps on the commercialization of federally funded research and development, the higher education system, regional economies, and the national economy. (Sec. 6) The bill authorizes funding through FY2020 for participation by SBIR grantees and other entities in the I-Corps program and for the development of an I-Corps course to support commercialization-ready participants.
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. (a) Qualified Expert Opinion.-- (1) Accompanying affidavit.--No medical malpractice liability action may be brought against a health care professional or a health care provider by any claimant unless, at the time the claimant brings the action (except as provided in subsection (c)), it is accompanied by the affidavit of a qualified specialist or medical expert containing the information required by paragraph (2). (2) Contents of affidavit.--To satisfy the requirements of paragraph (1), the affidavit shall include the specialist's or expert's statement of belief that, based on a review of the available medical record and other relevant material, there is a reasonable and meritorious cause for the filing of the action. (b) Qualified Specialist or Medical Expert.--With respect to a medical malpractice liability action, a qualified specialist or medical expert is a person who has been so recognized by the Secretary or has received proper accreditation from the medical licensing board of any State, such that such qualified specialist or medical expert is recognized-- (1) to be knowledgeable in the relevant issues involved in the action; (2) to practice (or to have practiced) or to teach (or to have taught) in the same area of health care or medicine that is at issue in the action; and (3) in the case of an action against a physician, to be board certified in a speciality relating to that area of medicine. (c) Extension in Certain Instances.-- (1) Unavailability of adequate medical records.--Subject to paragraph (2), subsection (a) shall not apply with respect to a claimant who brings a medical malpractice liability action without submitting an affidavit described in such subsection if, as of the time the claimant brings the action, the claimant certifies that adequate medical records or other information necessary to prepare the affidavit are unavailable. (2) Time limit.--In the case of an claimant who brings an action for which paragraph (1) applies, the action shall be dismissed unless the claimant submits the affidavit described in subsection (a) not later than 120 days after commencement of the action. (d) Medical Malpractice Arbitration Panels.-- (1) Establishment.--The Secretary of Health and Human Services shall provide for the establishment of medical malpractice arbitration panels which shall hear and render a decision on all medical malpractice claims. (2) Composition of arbitration panels.--Arbitration shall be conducted by one or more arbitrators who-- (A) are qualified specialists or medical experts; and (B) are selected by agreement of the parties, or, if the parties do not agree, who are qualified under applicable State law and selected by the court. (3) Mandatory participation and dissatisfaction.-- (A) Mandatory participation.--Participation in arbitration to resolve a medical malpractice claim is mandatory, and shall be in lieu of any other alternative dispute resolution method required by any other law or by any contractual arrangement made by or on behalf of the parties to the arbitration before the commencement of the action. (B) Dissatisfaction.--Any party dissatisfied with a determination reached by a medical malpractice arbitration panel with respect to a medical malpractice claim as a result of such arbitration shall not be bound by such determination, and may bring a civil action in any Federal district court of competent jurisdiction within the 30-day period beginning on the date such determination was reached. The determination of such arbitration, and all statements, offers, and communications made during such arbitration, shall be inadmissible for purposes of adjudicating such action. (4) Frivolousness.-- (A) Federal district court.--Except as provided in subparagraph (B), if a medical malpractice arbitration panel determines a medical malpractice claim to be frivolous, the panel shall dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the defendant prevails in such action, the court may, in its discretion and as the interests of justice require, assess against the claimant a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. (B) Exception.--If a medical malpractice arbitration panel is unable to determine if a medical malpractice claim is frivolous, the panel may dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the claimant prevails in such action, each party shall individually be responsible for reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. (5) Disclosure.--Each State shall disclose to residents of the State the procedures relating to arbitration and formal adjudication for resolution of medical malpractice claims. (6) Additional requirements.--The Attorney General, in consultation with the Secretary for Health and Human Services, shall proscribe regulations to ensure that medical malpractice arbitration is carried out in a manner that-- (A) is affordable for the parties involved; (B) encourages timely resolution of medical malpractice claims; (C) encourages the consistent and fair resolution of such claims; and (D) provides for reasonably convenient access to dispute resolution. (e) Effective Date.--This section shall apply with respect to any medical malpractice claim that arises more than 180 days after the date of the enactment of this Act. SEC. 5. PREEMPTION. The provisions of this Act shall preempt any State law to the extent such law is inconsistent with the provisions of this Act.
Medical Malpractice Insurance Corporation Act - Authorizes the establishment of corporations to provide medical malpractice insurance to health care professionals and providers based on customary coverage terms and liability amounts. Requires the Secretary of Health and Human Services to certify corporations as medical malpractice insurance corporations if they meet the requirements of this Act, which include that excess earnings of such corporations are used to reduce premiums paid by the insured. Allows such corporations to operate and function without hindrance or impedance in all states. Prohibits any medical malpractice liability action from being brought against a health care professional or provider without an affidavit from a qualified specialist or medical expert that there is a reasonable and meritorious cause for filing the action. Requires the Secretary to establish medical malpractice arbitration panels to hear and render decisions on all medical malpractice claims. Mandates participation in such panels. Allows participants dissatisfied with the results to bring a federal civil action. Requires the Attorney General to proscribe regulations to ensure that such arbitration: (1) is affordable; (2) encourages timely resolution of medical malpractice claims; (3) encourages the consistent and fair resolution of such claims; and (4) provides for reasonable convenient access to dispute resolution.
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SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF A MOTOR VEHICLE OR AIRCRAFT. (a) Definitions.--In this section: (1) Aircraft.--The term ``aircraft'' has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity.--the term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Motor vehicle.--The term ``motor vehicle'' has the meaning provided that term in section 30102(6) of title 49, United States Code. (6) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (7) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity if-- (A) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (B) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which the conditions described in subparagraphs (A) and (B) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a volunteer, nonprofit organization, or governmental entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions.
Exempts a business entity from civil liability for any injury or death occurring as a result of the operation of an entity's aircraft or motor vehicle loaned to a nonprofit organization for use outside the scope of business of such entity if: (1) the injury or death occurs while the aircraft or vehicle is used by the organization; and (2) the entity authorized the organization's use of the aircraft or vehicle. Provides an exception for an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, or misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Energy Independence and Domestic Refining Capacity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Government has a vested interest in promoting domestic energy independence. (2) Federal incentives, including public-private partnerships, tax incentives, loan guarantees, and direct loans, have been used in the past to help foster private sector growth in energy related industries. (3) Demand for refined petroleum products continues to rise as the economy recovers and developing nations increase their consumption. (4) Due to a variety of factors, the refining industry has seen a number of refinery closures. (5) These closures leads to a number of difficulties, including reduction in short-term supply, longer delivery times, higher prices of goods for consumers, increased cost of production for businesses, rising home heating prices, increased importation of gasoline from foreign countries, and less energy independence. (6) Reduced refining capacity will only increase pressure on the industry to manage supply and meet demand, as domestic refining capacity shifts and contracts. (7) The location of our refining facilities and distribution networks is significant. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Energy Independence and Domestic Refining Capacity'' (in this Act referred to as the ``Commission''). SEC. 4. REQUESTING STUDIES. The President may request the Commission to conduct a study described in section 5(a) to determine whether the consolidation or closing of a refinery will result in an adverse decline in the Nation's domestic refining capacity. SEC. 5. DUTIES OF THE COMMISSION. (a) Studies.--Upon receipt of a request under section 4, the Commission shall conduct a study to examine-- (1) the state of the domestic refining industry, including the effect of the consolidation or refinery closure on overall production, domestic economic growth, and national gas prices; (2) the possibilities for the Federal Government to form public-private partnerships that would lead to increased domestic refining capacity; (3) the potential positive and adverse consequences of Federal partnerships and incentives on growth within the industry; (4) the potential benefits of reinvesting a portion of revenues from public-private partnerships into energy related science, technology, engineering, and mathematics education, and seeding future federally funded energy research; and (5) the types of Federal incentives that could be used to maintain domestic refining capacity including-- (A) tax incentives; (B) loan guarantees; (C) direct loans; (D) grants; (E) land grants; (F) credits; (G) cooperative agreements; (H) preferences; and (I) other competitions. (b) Report.--Not later than 3 months after the request for a study, the Commission shall submit to the President and Congress a written report of the results of the study conducted under subsection (a). SEC. 6. DUTIES OF THE SECRETARY. If the Commission's study finds that a plant consolidation or closure will have an adverse affect on the Nation's domestic refining capacity, the Secretary of Energy (in this Act referred to as the ``Secretary'') may offer Federal incentives to prevent the diminishment of refining capacity. These incentives include-- (1) formation of public-private partnerships to increase the Nation's refining capacity; and (2) incentives designed to increase domestic refining capacity, including the incentives described in section 5(a)(5). SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants 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 under section 5332 of such title. SEC. 8. MEMBERSHIP. (a) Number and Appointment.-- (1) Appointment.--The Commission shall be composed of nine members appointed, not later than 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Two members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the minority leader of the House of Representatives. (D) Two members shall be appointed by the President pro tempore of the Senate. (E) One member shall be appointed by the minority leader of the Senate. (2) Qualifications.--All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience, particularly in the fields of scientific research and commercialization. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (d) Compensation.--Members of the Commission shall be awarded compensation as follows: (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate equal to the daily equivalent of the annual rate of basic pay for grade GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of the Chair and Vice Chair shall be for the life of the Commission. (g) Meetings.--The Commission shall meet at the call of the President not later than 120 days after the date of enactment of this Act or not later than 30 days after the date on which legislation is enacted making appropriations available to carry out this Act, whichever date is later. SEC. 9. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence relating to any matter under investigation by the Commission. The Commission may refer requests for testimony or evidence that are not fulfilled to the Committee on Oversight and Government Reform of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate. (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.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chair of the Commission and the Administrator of General Services. (e) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for supplies, services, and property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 to carry out this Act.
American Energy Independence and Domestic Refining Capacity Act - Establishes the Commission on Energy Independence and Domestic Refining Capacity, which shall, at the request of the President, conduct a study to determine whether the consolidation or closing of a refinery will result in an adverse decline in the nation's domestic refining capacity. Requires that such study examine: (1) the state of the domestic refining industry, including the effect of the consolidation or refinery closure on overall production, domestic economic growth, and national gas prices; (2) the possibilities for the federal government to form public-private partnerships that would lead to increased domestic refining capacity; (3) the potential positive and adverse consequences of federal partnerships and incentives on growth within the industry; (4) the potential benefits of reinvesting a portion of revenues from public-private partnerships into energy related science, technology, engineering, and mathematics education, and seeding future federally funded energy research; and (5) the types of federal incentives that could be used to maintain domestic refining capacity. Requires the Commission to report the results of such study within three months after it is requested. Authorizes the Secretary of Energy (DOE), if the study finds that a plant consolidation or closure will have an adverse effect on the nation's domestic refining capacity, to offer federal incentives to prevent the diminishment of refining capacity.
{"src": "billsum_train", "title": "To enable the Department of Energy and a Commission on Energy Independence and Domestic Refining Capacity the ability to study, recommend, and implement Federal incentive packages that would sustain and increase domestic refining capacity."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen and Community Preparedness Act of 2008''. SEC. 2. COMMUNITY PREPAREDNESS DIVISION. (a) Establishment of Community Preparedness Division.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXI--DOMESTIC PREPAREDNESS AND COLLECTIVE RESPONSE TO TERRORISM AND OTHER EMERGENCIES ``SEC. 2101. COMMUNITY PREPAREDNESS DIVISION. ``(a) In General.--There is in the Department a Community Preparedness Division. ``(b) Director.--The Community Preparedness Division shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Responsibilities.--The Director of the Community Preparedness Division, shall have the primary responsibility within the Department for assisting the efforts of State, local, and tribal governments in preparing citizens in the United States for acts of terrorism and other emergencies, including primary responsibility for each of the following: ``(1) Administration of the Citizen Corps Program under section 2102. ``(2) Supporting public and community preparedness efforts. ``(3) Serving as the principal advisor to the Secretary of Homeland Security on public and community preparedness issues. ``(4) Providing Citizen Corps Councils with tools, information, and technical assistance to connect local and national citizen preparedness efforts. ``(5) Establishing specialized preparedness programs for underserved populations under subsection (d). ``(6) Ensuring coordination with, and leveraging to the greatest extent feasible, efforts by private sector entities, faith-based groups, research and educational institutions, other nongovernmental organizations, including such organizations that work with the disabled and others with special needs, and emergency response provider organizations to promote citizen preparedness and participation. ``(7) Assisting in the implementation of national strategies for public and community preparedness, including the development of individual preparedness skills and capabilities, assembling preparedness kits, developing emergency communications plans, training in basic first aid, and learning how to react to a variety of emergencies, including an act of terrorism involving chemical, biological, radiological, or nuclear weapons, and natural disasters, including hurricanes, floods, earthquakes, and tsunamis. ``(8) Establishing and maintaining a community preparedness resource center to compile and disseminate best practices of citizen preparedness programs. ``(d) Underserved Populations.--In carrying out the responsibilities under this section, the Director shall consider the unique preparedness challenges faced by-- ``(1) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; ``(2) socially and economically disadvantaged households and communities; ``(3) the elderly; ``(4) children; and ``(5) individuals with pets or service animals. ``SEC. 2102. CITIZEN CORPS PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Citizen Corps Program, through which the Secretary shall bring community and government leaders together to coordinate and leverage efforts to strengthen community involvement in emergency preparedness, planning, mitigation, response, and recovery for acts of terrorism and natural disasters. ``(b) Grant Program.-- ``(1) In general.--As part of the Citizen Corps Program, the Secretary shall carry out a grant program to make grants to States. ``(2) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application containing such information and assurances as the Secretary may require. ``(3) Use of funds.--A grant under this subsection may be used for any of the following purposes: ``(A) To form and sustain a State or local Citizen Corps Council. ``(B) To develop and implement educational programs for the public on both terrorism and natural disaster preparedness and volunteer responsibilities. ``(C) To develop and implement a plan or to amend an existing plan to facilitate citizen preparedness and participation. ``(D) To facilitate citizen participation in preparedness training and exercises. ``(E) To implement volunteer programs and activities to support emergency response providers. ``(4) Conditions of receipt of funds.--Each State that receives a grant under this subsection shall ensure that in carrying out any of the purposes under paragraph (3) outreach efforts extend, as appropriate, to-- ``(A) underserved populations specified in section 2101(d); ``(B) neighborhoods bordering critical infrastructure; ``(C) urban and rural communities; ``(D) border communities; and ``(E) faith-based and volunteer community service organizations. ``(c) Administration and Coordination.--As part of the Citizen Corps Program, the Secretary shall-- ``(1) administer-- ``(A) the Community Emergency Response Team Program under section 2103, or any successor thereto; and ``(B) the Fire Corps Program under section 2104, or any successor thereto; ``(2) coordinate with the Secretary of Health and Human Services in the administration of the Medical Reserve Corps, or any successor thereto, which is a program to educate and train citizens and medical professionals to assist with medical and public health outreach and administration before, during, and after acts of terrorism and other emergencies; and ``(3) coordinate with the Attorney General in the administration of-- ``(A) Neighborhood Watch, or any successor thereto, which is a program to provide information, training, and resources to citizens and law enforcement agencies throughout the country to identify potential terrorist activities and other threats; and ``(B) Volunteers In Police Services, or any successor thereto, which is a program to educate and train citizens to increase the capacity of volunteer State and local law enforcement officials to assist before, during, and after an act of terrorism or other emergency. ``(d) Cooperative Agreements With Non-Profit Entities.--The Secretary may enter into cooperative agreements with non-profit entities to enhance citizen preparedness and outreach programs that the Secretary has determined have a proven track record of success on a national or regional basis. ``(e) Reports to Congress.--Not later than one year after the date of the enactment of the Citizen and Community Preparedness Act of 2008, and every two years thereafter, the Director of the Community Preparedness Division shall submit to Congress a report that evaluates the management and effectiveness of the Fire Corps Program under section 2104 and the Community Emergency Response Team Program under section 2103. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $30,000,000 for fiscal year 2009; ``(2) $35,000,000 for fiscal year 2010; ``(3) $40,000,000 for fiscal year 2011; ``(4) $45,000,000 for fiscal year 2012; and ``(5) $50,000,000 for fiscal year 2013. ``SEC. 2103. COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Community Emergency Response Team Program, through which the Secretary shall educate citizens about preparedness and mitigation and train citizens in basic response skills, including fire safety, light search and rescue, and medical operations in preparation for acts of terrorism and other emergencies. ``(b) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 2102(f) for any fiscal year, $1,750,000 is authorized to carry out this section. ``SEC. 2104. FIRE CORPS PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Fire Corps Program, through which the Secretary shall facilitate the use of volunteers in non-emergency roles at fire and rescue departments to better prepare local communities to respond to acts of terrorism and other emergencies. ``(d) Fire Corps Advisory Committee.-- ``(1) Establishment.--The Secretary shall establish an advisory committee to be known as the `Fire Corps Advisory Committee' (hereinafter referred to in this section as the `Committee') to provide guidance and assistance to the Secretary in carrying out the Fire Corps Program. ``(2) Membership.--The members of the Committee shall be appointed by the Secretary and shall include-- ``(A) representatives of fire and emergency service organizations; ``(B) representatives of the United States Fire Administration; and ``(C) other individuals that the Secretary determines are appropriate. ``(3) Terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years. ``(4) Applicability of federal advisory committee act.-- Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(h) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 2102(g)(1) for any fiscal year, $1,500,000 is authorized to carry out this section. ``SEC. 2105. NATIONAL CITIZEN CORPS COUNCIL. ``(a) Establishment.--There is in the Community Preparedness Division a National Citizen Corps Council. ``(b) Membership.--The members of the Council shall be national leaders of organizations and associations representing emergency response providers, community and volunteer services providers, government officials, the private sector, and underserved populations described in section 2101(d) and shall be appointed by the Secretary. The Secretary shall determine the number of members of the Council. ``(c) Responsibilities.--The responsibilities of the Council are as follows: ``(1) To facilitate cooperation at the national level in support of the Citizen Corps Program under section 2102. ``(2) To identify opportunities for Federal, State, local, and tribal organizations to collaborate to accomplish the shared goals of the Citizen Corps Program. ``(3) To encourage the development and support of State and local Citizen Corps Councils. ``(4) To exchange facts and information regarding programs to promote citizen preparedness, public awareness, and volunteer service opportunities. ``(d) Meetings.--The Secretary or a designee shall convene meetings of the National Citizen Corps Council at the discretion of the Secretary but not less than annually. ``SEC. 2106. PUBLIC AFFAIRS CAMPAIGN. ``(a) Establishment.--The Secretary shall carry out a public affairs campaign using various media outlets that is designed to assist citizens in preparing for an act of terrorism or other emergency. ``(b) Information Dissemination.--The campaign shall-- ``(1) utilize a broad spectrum of both mainstream and specialty print, radio and television outlets; and ``(2) disseminate information to underserved communities specified in section 2101(d). ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2009 through 2013. ``SEC. 2107. PILOT PROGRAM TO ENHANCE CITIZEN PREPAREDNESS AT EDUCATIONAL INSTITUTIONS. ``(a) In General.--Not later than 90 days after the date of the enactment of the Citizen and Community Preparedness Act of 2008, the Secretary shall commence a pilot program to enhance citizen preparedness at primary and secondary schools and on university and college campuses by providing training, exercises, and public awareness campaigns. ``(b) Selection of Educational Institutions.--The Secretary shall select at least three primary and secondary schools and at least three colleges and universities to participate in the pilot program required under subsection (a). At each school, college, and university selected by the Secretary, the Secretary shall develop and implement a program to prepare administrators, teachers, students, and parents for acts of terrorism and other emergencies. ``(c) Selection Criteria.--In selecting educational institutions under subsection (b) to participate in the pilot program required under subsection (a), the Secretary shall ensure the participation of educational institutions of varying sizes that represent a geographic (including urban and rural) cross section of the United States. The Secretary shall also ensure the participation of historically black colleges and universities, Hispanic-serving institutions, or Tribal colleges and universities. ``(d) Transfer of Information and Knowledge.--The Secretary shall establish mechanisms to ensure that the information and knowledge acquired by each participant in the pilot program are transferred to the other participants and other interested parties. ``(e) Report.--Not later than 6 months after the date on which the Secretary completes the pilot program under this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the pilot program under this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(g) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is two years after the date of the enactment of the Citizen and Community Preparedness Act of 2008. ``(h) Definitions.--For the purposes of this section: ``(1) The term `historically Black college or university' has the meaning given that term in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(2) The term `Hispanic-serving institution' has the meaning given that term in section 502(5) of such Act (20 U.S.C. 1101a(5)). ``(3) The term `Tribal College or University' has the meaning given that term in section 316 of such Act (20 U.S.C. 1059c(b)(3)).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following: ``TITLE XXI--DOMESTIC PREPAREDNESS AND COLLECTIVE RESPONSE TO TERRORISM AND OTHER EMERGENCIES ``Sec. 2101. Community Preparedness Division. ``Sec. 2102. Citizen Corps Program. ``Sec. 2103. Community Emergency Response Team Program. ``Sec. 2104. Fire Corps Program. ``Sec. 2105. National Citizen Corps Council. ``Sec. 2106. Public affairs campaign. ``Sec. 2107. Pilot program to enhance citizen preparedness at educational institutions.''. SEC. 3. REPORT TO CONGRESS. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report specifying the amount of grant funds awarded to each State under section 2102(b) of the Homeland Security Act of 2002, as added by section 2, and the purposes for which such funds were awarded.
Citizen and Community Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish: (1) a Community Preparedness Division in the Department of Homeland Security (DHS); and (2) a Citizen Corps Program in the Division, through which the Secretary of Homeland Security shall bring community and government leaders together to coordinate efforts to strengthen community involvement in emergency preparedness, planning, mitigation, response, and recovery for acts of terrorism and natural disasters. Gives the Director of that Division primary responsibility within DHS for assisting the efforts of state, local, and tribal governments in preparing citizens for emergencies. Requires the Director to consider the unique preparedness challenges faced by specified underserved populations, including persons with disabilities and limited English proficiency, socially and economically disadvantaged households, the elderly, children, and individuals with pets. Directs the Secretary to make grants to states to: (1) form and sustain a state or local Citizen Corps Council; and (2) develop and implement educational programs for the public on terrorism and natural disaster preparedness and volunteer responsibilities. Conditions receipt of funds by states on outreach efforts to underserved populations, neighborhoods bordering critical infrastructure, and specified communities and community service organizations. Establishes in the Division: (1) a Community Emergency Response Team Program; (2) a Fire Corps Program; and (3) a National Citizen Corps Council. Directs the Secretary to: (1) carry out a public affairs campaign; and (2) commence a pilot program to enhance citizen preparedness at primary and secondary schools and on university and college campuses.
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SECTION 1. UNITED STATES PENSION PLANS. (a) Findings.--Congress finds the following: (1) The United States and the international community face no greater threat to their security than the prospect of rogue regimes who support international terrorism obtaining weapons of mass destruction, and particularly nuclear weapons. (2) Iran is the leading state sponsor of international terrorism and is close to achieving nuclear weapons capability but has paid no price for nearly 20 years of deception over its nuclear program. Foreign entities that have invested in Iran's energy sector, despite Iran's support of international terrorism and its nuclear program, have afforded Iran a free pass while many United States entities have unknowingly invested in those same foreign entities. (3) United States investors have a great deal at stake in preventing Iran from acquiring nuclear weapons. (4) United States investors can have considerable influence over the commercial decisions of the foreign entities in which they have invested. (b) Publication in Federal Register.--Not later than six months after the date of the enactment of this Act and every six months thereafter, the President shall ensure publication in the Federal Register of a list of all United States and foreign entities that have invested more than $20,000,000 in Iran's energy sector between August 5, 1996, and the date of such publication. Such list shall include an itemization of individual investments of each such entity, including the dollar value, intended purpose, and current status of each such investment. (c) Disclosure to Investors.-- (1) In general.--Not later than 30 days after the date of publication of a list in the relevant Federal Register under subsection (b), managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States shall notify investors that the funds of such investors are invested in an entity included on the list and that the funds will be divested from such investments. Such notification shall contain the following information: (A) The name or other identification of the entity. (B) The amount of the investment in the entity. (C) The potential liability to the entity if sanctions are imposed by the United States on Iran or on the entity. (D) The potential liability to investors if such sanctions are imposed. (E) The measures being undertaken by the managers to divest from such investments. (2) Follow-up notification.-- (A) In general.--Except as provided in subparagraph (C), in addition to the notification required under paragraph (1), such managers shall also include such notification in every prospectus and in every regularly provided quarterly, semi-annual, or annual report provided to investors, if the funds of such investors are invested in an entity included on the list. (B) Contents of notification.--The notification described in subparagraph (A) shall be displayed prominently in any such prospectus or report and shall contain the information described in paragraph (1). (C) Good-faith exception.--If, upon publication of a list in the relevant Federal Register under subsection (b), such managers verifiably divest all investments of such plans or funds in any entity included on the list and such managers do not initiate any new investment in any other such entity, such managers shall not be required to include the notification described in subparagraph (A) in any prospectus or report provided to investors. (d) Divestiture From Iran.--Upon notification under subsection (c), managers of United States Government pension plans or thrift savings plans, shall take, to the extent consistent with the legal and fiduciary duties otherwise imposed on them, immediate steps to divest all investments of such plans or funds in any entity included on the list. (e) Sense of Congress Relating to Further Divestiture From Iran.-- It is the sense of Congress that upon publication of a list in the relevant Federal Register under subsection (b), managers of pension plans maintained in the private sector by plan sponsors in the United States and managers of mutual funds sold or distributed in the United States should take immediate steps to divest all investments of such plans or funds in any entity included on the list. (f) Prohibition on Future Investment.--Upon publication of a list in the relevant Federal Register under subsection (b), there shall be, to the extent consistent with the legal and fiduciary duties otherwise imposed on them, no future investment in any entity included on the list by managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, or managers of mutual funds sold or distributed in the United States. SEC. 2. REPORT BY OFFICE OF GLOBAL SECURITY RISKS. Not later than 30 days after the date of publication of a list in the relevant Federal Register under section 1(b), the Office of Global Security Risks within the Division of Corporation Finance of the United States Securities and Exchange Commission shall issue a report containing a list of the United States and foreign entities identified in accordance with such section, a determination of whether or not the operations in Iran of any such entity constitute a political, economic, or other risk to the United States, and a determination of whether or not the entity faces United States litigation, sanctions, or similar circumstances that are reasonably likely to have a material adverse impact on the financial condition or operations of the entity. SEC. 3. SUNSET. This Act shall terminate 30 days after the date on which: (1) the President has certified to Congress that the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (2) Iran has permanently ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles.
Directs the President to publish in the Federal Register a list of all U.S. and foreign entities that have invested more than $20 million in Iran's energy sector (including an itemization of individual investments of such entities) between August 5, 1996, and the date of such publication. Requires managers of federal and private pension plans or thrift savings plans and managers of mutual funds sold or distributed in the United States to: (1) notify investors that their funds are invested in entities included on the list; and (2) take immediate steps, upon notification or publication of such list, to divest all investments of such plans or funds in such entities. Prohibits, upon such publication, future investment in any entity included on the list by managers of such plans or funds. Requires the Office of Global Security Risks within the Division of Corporation Finance of the U.S. Securities and Exchange Commission to issue a report on the entities identified on the list, including a determination of whether or not: (1) their operations in Iran constitute a risk to the United States; and (2) such entities face U.S. litigation, sanctions, or similar circumstances that may have a material adverse impact on their financial conditions or operations. Terminates this Act 30 days after which: (1) the President certifies to Congress that Iran has ceased support for international terrorism; and (2) Iran has permanently ceased acquisition and development of weapons of mass destruction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Harmonization Initiative Through Neutralizing Action Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The benefit of trade concessions can be adversely affected by misalignments in currency. (2) Misalignments in currency caused by government policies intended to maintain an unfair trade advantage nullify and impair trade concessions. (3) Article XV of the GATT 1994 prohibits WTO members from, by exchange rate action, frustrating the intent of the provisions of that Agreement, or, by trade action, the intent of the provisions of the Articles of Agreement of the International Monetary Fund. (4) The International Monetary Fund prohibits the use of currency manipulation as a method of gaining unfair trade advantage. The International Monetary Fund defines such manipulation as large-scale and protracted intervention in one direction to gain an unfair trade advantage. (5) Sections 301 through 309 of the Trade Act of 1974 contain the authority under United States law to take retaliatory action, including import restrictions, to enforce the rights of the United States against any unjustifiable, unreasonable, or discriminatory practice or policy of a country that burdens or restricts United States commerce. (6) Economists have estimated that the RMB (the currency of the People's Republic of China) is undervalued against the United States dollar by as much as 40 percent. (7) Import tariffs of the People's Republic of China currently average about 15 percent. Assuming the recent estimates of Chinese RMB undervaluation against the dollar are correct, the effect of a free and open currency market would be more than twice as large as the effect of eliminating every tariff that the People's Republic of China imposes on United States goods. (8) The President should formally initiate action against the People's Republic of China, on account of the manipulation of its currency, pursuant to article XV of the GATT 1994, the rules of the International Monetary Fund, sections 122 and 301 through 309 of the Trade Act of 1974 (19 U.S.C. 2132 and 2411 through 2419), and section 3004 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5304). (9) The President should, without weakening or impairing existing trade remedies, clarify and improve World Trade Organization rules with regard to currency manipulation for trade advantage to reflect modern day monetary policy not envisioned at the time current rules were adopted in 1947, and report to Congress on ways to increase oversight and input opportunities for Congress in the interaction of the United States in the World Trade Organization. SEC. 3. ANALYSIS OF AND REPORT ON EXCHANGE RATE POLICIES OF CHINA. (a) Analysis.--The Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People's Republic of China in order to determine whether that country manipulates the rate of exchange between the currency of that country and the United States dollar, within the meaning of article XV of the GATT 1994. (b) Computation of Rate of Manipulation.--If the Secretary of the Treasury makes an affirmative determination under subsection (a), the Secretary shall compute the rate of manipulation against the dollar in the form of a percentage. (c) Reports to Congress.--The Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary's analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted-- (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. SEC. 4. ADDITIONAL TARIFFS. (a) Additional Tariff.--In any case in which a report of the Secretary of the Treasury submitted under section 3(c) includes a rate of manipulation under section 3(b), the Secretary shall, not later than 30 days after the report is submitted, impose on all products of China that enter the customs territory of the United States, in addition to any duty that otherwise applies, a tariff equal to the applicable percentage of the appraised value of the product at the time of entry. For purposes of this subsection, the ``applicable percentage'' is the percentage equal to the rate of manipulation. (b) Annual Modification.--Any tariff imposed under subsection (a) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under section 3(c). SEC. 5. DEFINITIONS. In this Act, the terms ``GATT 1994'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).
Currency Harmonization Initiative through Neutralizing Action Act of 2005 - Directs the Secretary of the Treasury to analyze annually the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Windfalls for Bailed Out Executives Act''. SEC. 2. REQUIRED REPAYMENT OF CERTAIN NONQUALIFIED DEFERRED COMPENSATION IN CASE OF EXTRAORDINARY GOVERNMENTAL ASSISTANCE. (a) In General.--Subsection (a) of section 409A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Required repayment in case of extraordinary governmental assistance.-- ``(A) In general.--The requirements of this paragraph are met if the plan provides that, if any employer maintaining the plan receives extraordinary governmental assistance-- ``(i) any compensation deferred under the plan which is attributable to services performed by a designated individual with respect to such employer during the 36-month period ending on the date of the receipt of such assistance shall be forfeited, if not yet distributed by such date, or repaid to the employer, if already distributed by such date, and ``(ii) no further compensation will be deferred under the plan with respect to such designated individuals before the date on which the extraordinary governmental assistance is fully repaid to the Federal Government. ``(B) Extraordinary governmental assistance.--For purposes of this paragraph, the term `extraordinary governmental assistance' means any grant, loan, loan guarantee, or other assistance (whether in cash or otherwise) made by the Federal Government to or on behalf of an employer which is intended to prevent the employer from becoming imminently insolvent (within the meaning of section 101(32) of title 11, United States Code) or to cure such insolvency of the employer. ``(C) Designated individual.--For purposes of this paragraph, the term `designated individual' means-- ``(i) any key employee (as defined in section 416(i)(1)), ``(ii) any member of the board of directors or other officer, and ``(iii) any other employee having an annual compensation from the employer of more than $1,000,000 in any year during or after the 36- month period ending on the date of the receipt of the extraordinary governmental assistance. ``(D) Additional tax payable with respect to compensation deferred or not repaid in violation of rules.-- ``(i) In general.--If compensation is required to be included in gross income under paragraph (1)(A) for a taxable year due to a failure to meet the requirements of this paragraph, then in the case of any compensation which is not repaid to the employer in violation of subparagraph (A)(i) and any compensation which is deferred under the plan in violation of subparagraph (A)(ii), paragraph (1)(B) shall not apply and the tax imposed by this chapter for the taxable year shall be increased by an amount equal to-- ``(I) 100 percent of the compensation that was not repaid in violation of subparagraph (A)(i), or 100 percent of the compensation that was deferred in violation of subparagraph (A)(ii) which is attributable to services performed during the taxable year, whichever is applicable, reduced by ``(II) the amount of tax imposed by this chapter with respect to such compensation for the taxable year other than under this subparagraph. In no event shall the effective rate of tax imposed by this chapter on any such compensation be greater than 100 percent. ``(ii) Coordination with employer withholding.--For purposes of applying section 3402(a) to-- ``(I) any compensation which is not repaid to the employer in violation of subparagraph (A)(i), and ``(II) any compensation which is deferred under the plan in violation of subparagraph (A)(ii), which is treated as wages for a taxable year by reason of this paragraph, in lieu of the rate of tax applicable under section 3402(a)(1), tax shall be withheld on such compensation at a rate of 100 percent.''. (b) Conforming Amendments.-- (1) Subclause (I) of section 409A(a)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``and (4)'' and inserting ``(4), and (5)''. (2) Clause (i) of section 409A(a)(1)(B) of such Code is amended by striking ``If'' and inserting ``Except as provided in paragraph (5)(D), if''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to amounts deferred under nonqualified deferred compensation plans (as defined in section 409A(d)(1) of the Internal Revenue Code of 1986) in taxable years beginning after the date of the enactment of this Act. (2) Special rule.--The amendments made by this section shall apply to earnings on deferred compensation only to the extent that such amendments apply to such compensation.
No Windfalls for Bailed Out Executives Act This bill amends the Internal Revenue Code to deny deferred compensation to, or to require repayment of deferred compensation received by, key employees, members of the board of directors or other officers of a corporation, or any other employee having annual compensation of more than $1 million during any 36-month period in which their employer receives extraordinary assistance from the federal government. The bill defines "extraordinary governmental assistance" as grants, loans, loan guarantees, or other assistance to an employer that is intended to prevent such employer from becoming imminently insolvent or to cure such insolvency.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act''. SEC. 2. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES AFFECTED BY SUBSTANCE ABUSE. Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is amended-- (1) in the subsection heading, by striking ``Increase the Well-being of, and to Improve the Permanency Outcomes for, Children Affected by'' and inserting ``Implement IV-E Prevention Services, and Improve the Well-being of, and Improve Permanency Outcomes for, Children and Families Affected by Heroin, Opioids, and Other''; (2) by striking paragraph (2) and inserting the following: ``(2) Regional partnership defined.--In this subsection, the term `regional partnership' means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following: ``(A) Mandatory partners for all partnership grants.-- ``(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. ``(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act. ``(B) Mandatory partners for partnership grants proposing to serve children in out-of-home placements.--If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect. ``(C) Optional partners.--At the option of the partnership, any of the following: ``(i) An Indian tribe or tribal consortium. ``(ii) Nonprofit child welfare service providers. ``(iii) For-profit child welfare service providers. ``(iv) Community health service providers, including substance abuse treatment providers. ``(v) Community mental health providers. ``(vi) Local law enforcement agencies. ``(vii) School personnel. ``(viii) Tribal child welfare agencies (or a consortia of the agencies). ``(ix) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart. ``(D) Exception for regional partnerships where the lead applicant is an indian tribe or tribal consortia.--If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium-- ``(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; ``(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies); and ``(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``$500,000 and not more than $1,000,000'' and inserting ``$250,000 and not more than $1,000,000''; (B) in subparagraph (B)-- (i) in the subparagraph heading, by inserting ``; planning'' after ``approval''; (ii) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (iii) by adding at the end the following: ``(iii) Sufficient planning.--A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.''; and (C) by adding at the end the following: ``(D) Limitation on payment for a fiscal year.--No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.''; (4) in paragraph (4)-- (A) in subparagraph (B)-- (i) in clause (i), by inserting ``, parents, and families'' after ``children''; (ii) in clause (ii), by striking ``safety and permanence for such children; and'' and inserting ``safe, permanent caregiving relationships for the children;''; (iii) in clause (iii), by striking ``or'' and inserting ``increase reunification rates for children who have been placed in out-of- home care, or decrease''; and (iv) by redesignating clause (iii) as clause (v) and inserting after clause (ii) the following: ``(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; ``(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and''; (B) in subparagraph (D), by striking ``where appropriate,''; and (C) by striking subparagraphs (E) and (F) and inserting the following: ``(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 471(e) and other funds provided to the State for child welfare and substance abuse prevention and treatment services. ``(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.''; (5) in paragraph (5)(A), by striking ``abuse treatment'' and inserting ``use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery''; (6) in paragraph (7)-- (A) by striking ``and'' at the end of subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; and''; (7) in paragraph (8)-- (A) in subparagraph (A)-- (i) by striking ``establish indicators that will be'' and inserting ``review indicators that are''; and (ii) by striking ``in using funds made available under such grants to achieve the purpose of this subsection'' and inserting ``and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 471(e)(6)''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and'' before ``consult''; and (ii) by striking clauses (iii) and (iv) and inserting the following: ``(iii) Other stakeholders or constituencies as determined by the Secretary.''; and (8) in paragraph (9)(A), by striking clause (i) and inserting the following: ``(i) Semiannual reports.--Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.''. SEC. 3. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect on October 1, 2017. (b) Transition Rule.-- (1) In general.--In the case of a State plan under part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (2) Application to programs operated by indian tribal organizations.--In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.
Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act (Sec. 2) This bill amends part B (Child and Family Services) of title IV of the Social Security Act to modify the grant program that provides funding to state and regional partnerships to prevent child abuse and neglect related to substance abuse. The bill redefines "regional partnership" to specify mandatory partners and optional partners engaged in the grant process. The bill sets the level of grant funding at between $250,000 (currently $500,000) and $1 million per grant per fiscal year. Grants shall be disbursed in two phases: (1) a planning phase (not to exceed two years), and (2) an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase. No payment shall be made for a fiscal year until the Department of Health and Human Services (HHS) determines that the eligible partnership has made sufficient progress in meeting the goals of the grant program, and that the members of the eligible partnership are coordinating to a reasonable degree with the other partnership members. The bill expands the grant program to include parents and families in the grant application process. HHS shall: review (instead of establish) indicators that are used to assess periodically the performance of grant recipients; establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being; Grant recipients must report semiannually (currently, annually) to HHS on services provided and activities carried out under the grant program, progress made in achieving the goals of the program, and the number of children, adults, and families receiving services. (Sec. 3) The amendments made by this bill are effective on October 1, 2017. The bill allows states and Indian tribes additional time for compliance with requirements imposed by this bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Children's HIV Protection Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Perinatal transmission is the leading cause of pediatric HIV infections, including AIDS cases. (2) The Centers for Disease Control and Prevention (``CDC'') estimates that nearly 7,000 HIV-infected women give birth in the United States each year and as many as 400 babies continue to be born with HIV infection each year. (3) Medical advances have made it possible to nearly eliminate perinatal HIV transmission. (4) Research studies have demonstrated that the administration of antiviral medication during pregnancy, during labor, and immediately following birth can significantly reduce the transmission of HIV from an infected mother to her baby. Caesarean section further reduces the risk of transmission. (5) Even if treatment begins shortly after birth, antiretroviral therapy can substantially reduce the chance that an HIV-exposed infant will become infected. (6) Breastfeeding by HIV-infected mothers poses additional significant risk of infection to babies. (7) The Institute of Medicine (``IOM'') has recommended the adoption of a national policy of universal HIV testing, with patient notification, as a routine component of prenatal care. However, 15 percent of HIV-infected pregnant women receive no prenatal care according to the IOM. (8) The CDC has recommended since 1995 that all pregnant women be counseled and offered voluntary HIV testing. Yet nearly half of pregnant women are still not tested according to the CDC. (9) The American Medical Association recommends mandatory HIV testing of all newborns with appropriate treatment for affected mothers and children. (10) Testing newborns whose mothers' status is unknown ensures that every child at risk for HIV is identified. (11) The provision of testing of pregnant women and newborns with appropriate counseling and treatment can significantly reduce the number of pediatric HIV infections, including AIDS cases, can improve access to and medical care for the woman and children, and can provide opportunities to further reduce transmission among adults. (12) The provision of such testing, counseling, and treatment can reduce the overall cost of pediatric HIV infections, including AIDS cases. (13) New York State has required mandatory HIV counseling and voluntary testing for pregnant women and mandatory HIV testing of all newborns since February 1997. As a result, the perinatal HIV transmission rate in the State has dropped from 25 percent to an all time low of 3.5 percent and over 99 percent of HIV-infected women and their children have been linked to care. (14) For the reasons specified in paragraphs (1) through (12)-- (A) universal routine HIV testing of pregnant women and newborns should be the standard of care; and (B) the relevant medical organizations, as well as public health officials, should issue guidelines making such testing, counseling, and treatment the standard of care. SEC. 3. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS. Subpart I of part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et seq.) is amended by inserting after section 2616 the following section: ``SEC. 2616A. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS. ``For fiscal year 2004 and subsequent fiscal years, the Secretary shall not make a grant to a State under this part unless the State demonstrates that the law or regulations of the State are in accordance with the following: ``(1) That all pregnant women receiving prenatal care in the State be offered counseling and testing regarding HIV disease. ``(2) In the case of prenatal testing for such disease that is conducted in the State, that the results of such testing be promptly disclosed to the pregnant woman involved. ``(3) In the case of newborn infants who are born in the State and whose biological mothers have not undergone prenatal testing for HIV disease, that each such infant undergo testing for such disease. ``(4) That the results of such testing of a newborn infant be promptly disclosed in accordance with the following, as applicable to the infant involved: ``(A) To the biological mother of the infant (without regard to whether she is the legal guardian of the infant). ``(B) If the State is the legal guardian of the infant: ``(i) To the appropriate official of the State agency with responsibility for the care of the infant. ``(ii) To the appropriate official of each authorized agency providing assistance in the placement of the infant. ``(iii) If the authorized agency is giving significant consideration to approving an individual as a foster parent of the infant, to the prospective foster parent. ``(iv) If the authorized agency is giving significant consideration to approving an individual as an adoptive parent of the infant, to the prospective adoptive parent. ``(C) If neither the biological mother nor the State is the legal guardian of the infant, to another legal guardian of the infant. ``(D) To the child's health care provider. ``(5) That, in disclosing the test results to an individual under paragraph (2) or (4), appropriate counseling on HIV disease and appropriate referrals for health care be offered to the individual (except in the case of a disclosure to an official of a State or an authorized agency, or to a health care provider).''.
Women and Children's HIV Protection Act of 2002 - Amends the Public Health Service Act to prohibit making a grant to a State under the care grant program unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Restoration Act''. SEC. 2. NATIONAL PARK RESTORATION FUND. (a) Establishment.--There is established in the Treasury of the United States a special fund, to be known as the ``National Park Restoration Fund'' (referred to in this section as the ``Fund''). (b) Contents.--The Fund shall consist of-- (1) any amounts deposited in the Fund under subsection (c)(2); and (2) any income on investments under subsection (d). (c) Deposits to Fund.-- (1) Definitions.--In this subsection: (A) Available receipts.-- (i) In general.--The term ``available receipts'', with respect to a fiscal year, means, of the amount described in clause (ii) for the fiscal year, the amounts that would otherwise be credited, covered, or deposited in the Treasury of the United States as miscellaneous receipts for the fiscal year. (ii) Description of amount.--The amount referred to in clause (i) is the amount equal to the difference between-- (I) the total amount of energy development revenues for the applicable fiscal year; and (II)(aa) for fiscal year 2018, $7,800,000,000; (bb) for fiscal year 2019, $8,000,000,000; (cc) for fiscal year 2020, $8,200,000,000; (dd) for fiscal year 2021, $8,600,000,000; (ee) for fiscal year 2022, $8,800,000,000; (ff) for fiscal year 2023, $9,000,000,000; (gg) for fiscal year 2024, $9,000,000,000; (hh) for fiscal year 2025, $9,100,000,000; (ii) for fiscal year 2026, $9,300,000,000; and (jj) for fiscal year 2027, $9,400,000,000. (B) Energy development revenues.--The term ``energy development revenues'' means all revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water. (2) Deposits.--For each of fiscal years 2018 through 2027, there shall be deposited in the Fund an amount equal to the product obtained by multiplying-- (A) the available receipts for the fiscal year; and (B) 0.5. (3) Effect on other revenues.--Nothing in this section affects the disposition of revenues that-- (A) are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or (B) have been otherwise appropriated under Federal law, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432), the Mineral Leasing Act (30 U.S.C. 181 et seq.), and chapter 2003 of title 54, United States Code. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest any portion of the Fund that is not, as determined by the Secretary of the Interior, required for the purposes described in subsection (e)(1). (2) Credits to fund.--The income on investments of the Fund under paragraph (1) shall be credited to, and form a part of, the Fund. (e) Use of Fund.-- (1) In general.--Amounts deposited in the Fund shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the priority deferred maintenance needs that support critical infrastructure and visitor services, if applicable, of the National Park Service, as determined by the Secretary and the Director of the National Park Service. (2) Additional amounts.--Amounts made available under paragraph (1) shall be in addition to amounts otherwise available for the purposes described in that paragraph. (3) Prohibition on use of funds for land acquisition.-- Amounts in the Fund shall not be used for the acquisition of land. (f) Termination of Deposits.-- (1) In general.--Deposits under subsection (c)(2) shall terminate on the earlier of-- (A) September 30 of the tenth fiscal year after the date of enactment of this Act; and (B) the date on which the aggregate amount deposited in the Fund under subsection (c)(2) equals at least $18,000,000,000. (2) Limitation.--Notwithstanding paragraph (1), the Secretary of the Interior may continue to expend any remaining amounts in the Fund after the termination date described in that paragraph in accordance with subsection (e). (g) Summary to Congress.--The Secretary of the Interior shall submit to the appropriate committees of Congress (including the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives), together with the annual budget submission of the President, a list of each project for which amounts from the Fund are allocated under this section, including a summary of each such project. (h) Sense of Congress Regarding Offset.--It is the sense of Congress that the costs of carrying out this section should be offset.
National Park Restoration Act This bill establishes the National Park Restoration Fund in the Treasury to be made available to the Department of the Interior for priority deferred maintenance needs that support critical infrastructure and visitor services of the National Park Service. Funds deposited through FY2027 are calculated according to a formula that uses as a factor the total amount of energy development revenues due and payable to the federal government. Interior may not use amounts in the fund to acquire lands. Interior shall submit to Congress a list of the projects for which amounts from the fund are allocated, including a summary of each project.
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SECTION 1. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT. This Act shall be known as the ``Cowlitz Indian Tribe Distribution of Judgment Funds Act''. SEC. 2. DEFINITIONS. For the purpose of this Act-- (1) The term ``current judgment fund'' means the funds awarded by the Indian Claims Commission Docket No. 218 and all interest accrued thereon as of the date of the enactment of this Act. (2) The term ``initial interest'' means the interest on the funds awarded by the Indian Claims Commission Docket No. 218 during the time period from one year before the date of the enactment of this Act through the date of the enactment of this Act. (3) The term ``principal'' means the funds awarded by the Indian Claims Commission Docket No. 218 and all interest accrued thereon as of one year before the date of the enactment of this Act. (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``tribe'' means the Cowlitz Indian Tribe of Washington, which was extended Federal acknowledgment by the United States Department of the Interior on December 31, 2001, pursuant to part 83 of title 25, Code of Federal Regulations. (6) The term ``tribal member'' means an individual who is an enrolled member of the Cowlitz Indian Tribe pursuant to tribal enrollment procedures and requirements. (7) The term ``tribe's governing body'' means the Cowlitz Tribal Council, which is the tribe's governing body under the tribe's Constitution. (8) The term ``tribal elder'' means any tribal member who was 62 years of age or older as of February 14, 2000. SEC. 3. JUDGMENT DISTRIBUTION PLAN. Notwithstanding the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401, et seq.), or any plan prepared or promulgated by the Secretary pursuant to that Act, the judgment funds awarded in Indian Claims Commission Docket No. 218 and interest accrued thereon as of the date of the enactment of this Act shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION AND USE OF FUNDS. (a) Principal Preserved After Elderly Assistance and Tribal Administration Payments.--(1) Except as provided in subsection (b), the principal shall not be distributed under this Act. Only the interest earned on the undistributed principal may be used to fund such programs. There will be no distribution of any funds other than as specified in this Act. (2) The Secretary shall-- (A) maintain undistributed current judgment funds in an interest-bearing account in trust for the tribe; and (B) disburse principal or interest in accordance with this Act not later than 30 days after receipt by the Northwest Regional Director, Bureau of Indian Affairs, of a request by the tribe's governing body for such disbursement of funds. (b) Elderly Assistance Program.--(1) From the current judgment fund, the Secretary shall set aside 20 percent for an elderly assistance payment. The Secretary shall provide one elderly assistance payment to each enrolled tribal elder not later than 30 days after all of the following have occurred: (A) The tribe's governing body has compiled and reviewed for accuracy a list of all enrolled tribal members that are both a minimum of one-sixteenth Cowlitz blood and 62 years of age or older as of February 14, 2000. (B) The Secretary has verified the blood quantum and age of the tribal members identified on the list prepared pursuant to subparagraph (A). (C) The tribe's governing body has made a request for disbursement of judgment funds for the elderly assistance payment. (2) If a tribal elder eligible for an elderly assistance payment dies before receiving payment under this subsection, the money which would have been paid to that individual shall be added to and distributed in accordance with the emergency assistance program under subsection (c). (3) The Secretary shall pay all costs of distribution under this subsection out of the amount set aside under paragraph (1). (c) Emergency Assistance Program.--From the principal, the Secretary shall set aside 10 percent for the Emergency Assistance Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and will be used to provide emergency assistance for tribal members. 10 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (d) Education, Vocational, and Cultural Training Program.--From the principal, the Secretary shall set aside 10 percent for an Education, Vocational and Cultural Training Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and will be used to provide scholarships to tribal members pursuing educational advancement, including cultural and vocational training. 10 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (e) Housing Assistance Program.--From the principal, the Secretary shall set aside 5 percent for the Housing Assistance Program. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and may be added to any existing tribal housing improvements programs to supplement them or it may be used in a separate Housing Assistance Program to be established by the tribe's governing body. 5 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (f) Economic Development, Tribal, and Cultural Centers.--From the principal, the Secretary shall set aside 21.5 percent for economic development and, if other funding is not available or not adequate (as determined by the tribe), for the construction and maintenance of tribal and cultural centers. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and shall be used for the following, with 21.5 percent of the initial interest available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act: (1) Property acquisition for business or other activities which are likely to benefit the tribe economically or provide employment for tribal members. (2) Business development for the tribe, including collateralization of loans for the purchase or operation of businesses, matching funds for economic development grants, joint venture partnerships, and other similar ventures, which are likely to produce profits for the tribe. All business loans shall pay principal and interest back to the Economic Development program for reinvestments and business profits shall go to the tribe's general fund for uses to be determined by the tribe's governing body. (3) Design, construction, maintenance, and operation of tribal and cultural centers. (g) Natural Resources.--From the principal, the Secretary shall set aside 7.5 percent for natural resources. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and may be added to any existing tribal natural resource program to enhance the tribe's use and enjoyment of existing and renewable natural resources within the tribe's lands. 7.5 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (h) Cultural Resources.--From the principal, the Secretary shall set aside 4 percent for cultural resources. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be distributed annually in a lump sum to the tribe's governing body and shall be used to maintain artifacts, collect documents, archive, and identify cultural sites of tribal significance. 4 percent of the initial interest shall be available upon the date of the enactment of this Act to fund the program for the first year after the date of the enactment of this Act. (i) Health.--From the principal, the Secretary shall set aside 21 percent for health. Beginning the second year after the date of the enactment of this Act, interest earned on such sum shall be disbursed annually in a lump sum to the tribe's governing body and shall be used for the health needs of the tribe. 21 percent of the initial interest shall be available upon the date of the enactment of this Act tofund the program for the first year after the date of the enactment of this Act. (j) Tribal Administration Program.--From the principal, the Secretary shall set aside 21 percent for tribal administration. 21 percent of the initial interest and such of the principal sum set aside for this program as required to fund the first year of this program at $150,000, the sum of $150,000 shall be immediately disbursed to the tribe for the purposes of funding tribal administration for the first year after the date of the enactment of this Act. Beginning the second year after the date of the enactment of this Act, interest earned on the remaining principal set aside under this subsection shall be disbursed annually in a lump sum to the tribe's governing body for operating costs of the tribe's governing body, including travel, telephone, cultural, and other expenses incurred in the conduct of the tribe's affairs, and legal fees as approved by the tribe's governing body. (k) General Conditions.--The following conditions will apply to the management and use of all funds available under this Act by the tribe's governing body: (1) No amount greater than 10 percent of the interest earned on the principal designated for any program under this Act may be used for the administrative costs of any of that program, except those programs operated pursuant to subsections (i) and (j). (2) No service area is implied or imposed under any program under this Act. If the costs of administering any program under this Act for the benefit of tribal members living outside the tribe's Indian Health Service area are greater than 10 percent of the interest earned on the principal designated for that program, the tribe's governing body may authorize the expenditure of such funds for that program. (3) Before any expenditures, the tribe's governing body must approve all programs and shall publish in a publication of general circulation regulations which provide standards and priorities for programs established in this Act. (4) Section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407) shall apply to funds available under this Act. (5) Any tribal member who feels he or she has been unfairly denied the right to take part in any program under this Act may appeal to the tribal secretary. The tribal secretary shall bring the appeal to the tribe's governing body for resolution. The resolution shall be made in a timely manner and the tribal secretary at that time shall respond to the tribal member. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Cowlitz Indian Tribe Distribution of Judgment Funds Act - Creates a plan under which the Secretary of the Interior shall distribute the judgment funds and certain accrued interest awarded to the Cowlitz Indian Tribe of Washington by the Indian Claims Commission Docket No. 218 (ICCD). Prohibits the distribution of principal (funds awarded by ICCD and all accrued interest as of one year before enactment of this Act) under this Act, except as provided by this Act. Requires the Secretary to: (1) maintain undistributed current judgment funds (funds awarded by ICCD and all accrued interest as of the enactment of this Act) in an interest bearing account in trust for the tribe; and (2) disburse principal or interest in accordance with this Act within 30 days after receipt by the Northwest Regional Director, Bureau of Indian Affairs, or a request by the tribe's governing body for such disbursement. Requires the Secretary to set aside 20 percent of the current judgment fund for a tribal elderly assistance program to provide one elderly assistance payment to each enrolled tribal elder within 30 days after: (1) the tribe's governing body has compiled and reviewed for accuracy a list of all enrolled tribal members that are both a minimum of one-sixteenth Cowlitz blood and 62 years of age or older as of February 14, 2000; (2) the Secretary has verified the blood quantum and age of the tribal member; and (3) the tribe's governing body has made a request for such disbursement. Provides that if a tribal elder eligible for the payment dies before receiving it, the payment shall be added to and distributed in accordance with the emergency assistance program under this Act. Requires the Secretary to set aside specified percentages of the principal and after a two year period in some circumstances, disburse the interest earned on it for tribal: (1) emergency assistance; (2) education and vocational and cultural training; (3) housing assistance; (4) economic development and construction and maintenance of tribal and cultural centers; (5) natural resources; (6) cultural resources; (7) health; and (8) administration. Prescribes general conditions for the management and use of all available funds by the tribe's governing body.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Neutral Government Act of 2009''. SEC. 2. AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS. (a) Federal Authorities.--Subject to the requirements of this Act, each executive agency (as defined in section 105 of title V of the United States Code) and each legislative branch office is authorized to use appropriated funds to purchase either or both of the following in any open market transaction, that complies with all applicable procurement rules and regulations and is approved in accordance with subsection (c): (1) Qualified tradeable greenhouse gas offsets. (2) Qualified tradeable renewable energy credits. (b) Qualification of Offsets and Credits.--A tradeable greenhouse gas offset or renewable energy credit shall be treated as qualified for purposes of this section if the Secretary of Energy certifies the generator of such offset or credit. Upon the application of any person generating or planning to generate any such offsets or credits, the Secretary shall certify the generator if the Secretary determines that the generator meets, or will, upon implementation, meet, such requirements as the Secretary deems necessary, under rules promulgated by the Secretary, to ensure that the offsets or credits generated will represent the reduction of greenhouse gases as specified or estimated in the offset (in the case of an offset) or in the generation of the amount of renewable energy which the credit represents or is estimated to represent (in the case of a credit). A reduction in greenhouse gases that the Secretary determines would have occurred in the absence of the opportunity to sell an offset for such reduction shall not be treated as a qualified offset for purposes of this Act. (c) Approval of Open Market Transactions.--The Secretary of Energy shall promulgate rules, after notice and opportunity for comment, regarding the open market transactions (involving qualified tradeable greenhouse gas offsets and qualified tradeable renewable energy credits) that will be treated as approved for purposes of this Act. Such rules shall accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators, and other open market transactions that are useful in enabling short-term purchases of greenhouse gas offsets and renewable energy credits to contribute meaningfully to the implementation of small scale offset and renewable energy generators. (d) Definitions.--For purposes of this Act: (1) Greenhouse gas offset.--The term ``greenhouse gas offset'' means the reduction in emissions of greenhouse gases that results from an action or actions undertaken for the purpose, among others, of reducing greenhouse gas emissions (including the generation of renewable energy), where: (A) such action or actions would not have occurred in the absence of the opportunity to sell an offset for the resulting reductions; (B) the party claiming credit for the reductions has acquired the exclusive legal rights to claim credit for the reductions; and (C) such exclusive legal rights can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (2) Greenhouse gas.--The term ``greenhouse gas'' includes carbon dioxide, methane, nitrous oxide, and fluorinated gases. (3) Renewable energy credit.--The term ``renewable energy credit'' means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where: (A) those attributes are transferred or recorded separately from that unit of energy; (B) the party claiming ownership of the credit has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy; and (C) exclusive legal ownership of the credit can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (4) Renewable energy.--The term ``renewable energy'' means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (5) Tradeable.--The term ``tradeable'' when used in connection with an offset or credit means that the offset or credit is available for purchase and sale in an open and transparent market. (e) Effective Date.--The authority of section 1 shall take effect for fiscal years after the enactment of this Act.
Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets; and (2) renewable energy credits. Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators. Defines "greenhouse gas offsets" to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Records Act Amendments of 2007''. SEC. 2. PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DISCLOSURE. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Claims of constitutionally based privilege against disclosure ``(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall-- ``(A) promptly provide notice of such determination to-- ``(i) the former President during whose term of office the record was created; and ``(ii) the incumbent President; and ``(B) make the notice available to the public. ``(2) The notice under paragraph (1)-- ``(A) shall be in writing; and ``(B) shall include such information as may be prescribed in regulations issued by the Archivist. ``(3)(A) Upon the expiration of the 20-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Archivist shall make available to the public the record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President notification of a claim of constitutionally based privilege against disclosure under subsection (b). ``(B) A former President or the incumbent President may extend the period under subparagraph (A) once for not more than 20 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. ``(C) Notwithstanding subparagraphs (A) and (B), if the period under subparagraph (A), or any extension of that period under subparagraph (B), would otherwise expire after January 19 and before July 20 of the year in which the incumbent President first takes office, then such period or extension, respectively, shall expire on July 20 of that year. ``(b)(1) For purposes of this section, any claim of constitutionally based privilege against disclosure must be asserted personally by a former President or the incumbent President, as applicable. ``(2) A former President or the incumbent President shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under paragraph (1). ``(c)(1) The Archivist shall not make publicly available a Presidential record that is subject to a privilege claim asserted by a former President until the expiration of the 20-day period (excluding Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist is notified of the claim. ``(2) Upon the expiration of such period the Archivist shall make the record publicly available unless otherwise directed by a court order in an action initiated by the former President under section 2204(e). ``(d)(1) The Archivist shall not make publicly available a Presidential record that is subject to a privilege claim asserted by the incumbent President unless-- ``(A) the incumbent President withdraws the privilege claim; or ``(B) the Archivist is otherwise directed by a final court order that is not subject to appeal. ``(2) This subsection shall not apply with respect to any Presidential record required to be made available under section 2205(2)(A) or (C). ``(e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process.''. (b) Restrictions.--Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection: ``(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.''. (c) Conforming Amendments.--(1) Section 2204(d) of title 44, United States Code, is amended by inserting ``, except section 2208,'' after ``chapter''. (2) Section 2207 of title 44, United States Code, is amended in the second sentence by inserting ``, except section 2208,'' after ``chapter''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Claims of constitutionally based privilege against disclosure.''. SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. Executive Order No. 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect. Passed the House of Representatives March 14, 2007. Attest: LORRAINE C. MILLER, Clerk.
Presidential Records Act Amendments of 2007 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, when making available any presidential record not previously made available publicly, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created and the incumbent President; and (2) make the notice available to the public. Requires such a record to be made available upon the expiration of the 20-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice, except any record with respect to which the Archivist receives notification of a claim of constitutionally based privilege against disclosure from a former or incumbent President. Authorizes a former or an incumbent President to extend the period for not more than 20 additional days by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. Provides that if the period, or any extension of that period, would otherwise expire after January 19 and before July 20 of the year in which the incumbent President first takes office, then such period or extension shall expire on July 20 of that year. Requires: (1) any claim of constitutionally based privilege against disclosure to be asserted personally by a former or incumbent President; and (2) a former or incumbent President to notify the Archivist and specified Congressional committees of a privilege claim on the same day that the claim is asserted. Prohibits the Archivist from making publicly available a presidential record that is subject to a privilege claim asserted by a former President until the expiration of the 20-day period beginning on the date the Archivist is notified of the claim. Requires the Archivist, upon the expiration of such period, to make the record publicly available unless otherwise directed by a court order in an action initiated by the former President. Prohibits the Archivist from making publicly available a presidential record that is subject to a privilege claim asserted by the incumbent President unless: (1) the incumbent President withdraws the privilege claim; or (2) the Archivist is otherwise directed by a final court order that is not subject to appeal. Makes this provision inapplicable with respect to any presidential record required to be made available: (1) pursuant to a subpoena or other judicial process issued by a court for purposes of a civil or criminal investigation; or (2) to either House of Congress because such records contain information needed for the conduct of business that is otherwise not available. Directs the Archivist to adjust any otherwise applicable time period as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process. Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, removal, or destruction of the Archives' records. (Sec. 3) Provides that Executive Order number 13233, dated November 1, 2001 (establishing a process for review of presidential records and assertion of privilege claims) shall have no force or effect.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans with Disabilities Act Restoration Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Physical and mental impairments are natural parts of the human condition as are race, gender, national origin, and sex. (2) Discrimination results when individuals with actual or perceived physical or mental impairments are met with attitudinal, societal, and physical barriers in society. (3) The use of mitigating measures by an individual does not change the fact that the individual has a physical or mental impairment, nor should the use of a mitigating measure by an individual insulate covered entities from liability for discriminatory practices and policies. (4) The Americans with Disabilities Act of 1990 has not been interpreted by the courts, including the Supreme Court, as intended by Congress. The courts have significantly limited the intended reach of the Americans with Disabilities Act, allowing many individuals with actual or perceived impairments to be subject to discrimination. (5) It is necessary to restore the intent of the Americans with Disabilities Act to fully remove the barriers that confront disabled Americans and to permit all people to fully participate in society. SEC. 3. DISABILITY DEFINED. Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Disability.-- ``(A) In general.--The term `disability' means, with respect to an individual-- ``(i) a physical or mental impairment; ``(ii) a record of a physical or mental impairment; or ``(iii) a perceived physical or mental impairment. ``(B) Rule of construction.--The existence of a physical or mental impairment or record or perception of a physical or mental impairment shall be determined without taking into account an individual's use of mitigating measures or whether the impairment is episodic, short term, or long term.''; and (2) by redesignating paragraph (3) as paragraph (7) and inserting after paragraph (2) the following: ``(3) Physical impairment.--The term `physical impairment' means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine. ``(4) Mental impairment.--The term `mental impairment' means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. ``(5) Record of physical or mental impairment.--The term `record of physical or mental impairment' means having a history of, or having been misclassified as having, a physical or mental impairment. ``(6) Perceived physical or mental impairment.--The term `perceived physical or mental impairment' means not having an impairment as set forth in paragraph (2)(A)(i) or (ii), but being regarded as having, or treated as having, a physical or mental impairment.''. SEC. 4. DISCRIMINATION ON THE BASIS OF DISABILITY. The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended-- (1) in section 2(b), by striking ``against individuals with disabilities'' each place it appears and inserting ``on the basis of disability''; and (2) in section 102(a), by striking ``against a qualified individual with a disability because of the disability of such individual'' and inserting ``against an individual on the basis of disability''. SEC. 5. QUALIFIED INDIVIDUAL. (a) Defense.--Section 103, by redesignating subsections (a) through (d) as subsections (b) through (e), respectively, and inserting before such subsection (b) (as so redesignated) the following: ``(a) In General.--It may be a defense to a charge of discrimination under this title that the individual with a disability alleging discrimination is not a qualified individual, as such term is defined in section 101(8).''. (b) Qualified Individual.--Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) is further amended-- (1) in section 101(8)-- (A) in the paragraph heading, by striking ``with a disability''; and (B) by striking ``with a disability'' after ``individual'' both places it appears; (2) in section 102(b)(5), by striking ``with a disability'' after ``individual'' both places it appears; and (3) in section 104-- (A) in subsection (a)-- (i) in the subsection heading, by striking ``With a Disability''; and (ii) by striking ``with a disability'' after ``individual''; and (B) in subsection (b), in the matter preceding paragraph (1), by striking ``with a disability''. SEC. 6. RULE OF CONSTRUCTION. Section 501 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended by adding at the end the following: ``(e) Broad Construction.--In order to ensure that this Act achieves its purpose under section 2(b) of providing a comprehensive prohibition of discrimination on the basis of disability, the provisions of this Act shall be broadly construed to advance their remedial purpose.''.
Americans with Disabilities Act Restoration Act of 2006 - Amends the Americans with Disabilities Act of 1990 to revise the definition of disability and to define: (1) physical impairment; (2) mental impairment; (3) record of physical or mental impairment; and (4) perceived physical or mental impairment. States a rule of construction that the existence of such an impairment, record, or perception shall be determined without taking into account an individual's use of mitigating measures or whether the impairment is episodic, short term, or long term. Provides that it may be a defense to a charge of discrimination that the individual with a disability alleging discrimination is not a qualified individual as defined in such Act. Declares that this Act shall be broadly construed to advance its remedial purpose of providing a comprehensive prohibition against discrimination on the basis of disability.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Energy Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appraisals. Sec. 4. Standardization. Sec. 5. Environmental reviews of major Federal actions on Indian lands. Sec. 6. BLM oil and gas fees. Sec. 7. Bonding requirements and nonpayment of attorneys' fees to promote Indian energy projects. Sec. 8. Tribal biomass demonstration project. Sec. 9. Tribal resource management plans. Sec. 10. Leases of restricted lands for the Navajo Nation. Sec. 11. Nonapplicability of certain rules. SEC. 3. APPRAISALS. (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: ``SEC. 2607. APPRAISAL REFORMS. ``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by-- ``(1) the Secretary; ``(2) the affected Indian tribe; or ``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. ``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal; and ``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. ``(d) Option to Indian Tribes To Waive Appraisal.-- ``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. ``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. ``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. ``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value. ``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''. (b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: ``Sec. 2607. Appraisal reforms.''. SEC. 4. STANDARDIZATION. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Review of Major Federal Actions on Indian Lands.-- ``(1) In general.--For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. ``(2) Regulations.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. ``(3) Definitions.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(4) Clarification of authority.--Nothing in the Native American Energy Act, except section 7 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''. SEC. 6. BLM OIL AND GAS FEES. The Secretary of the Interior, acting through the Bureau of Land Management, shall not collect any fee for any of the following: (1) For an application for a permit to drill on Indian land. (2) To conduct any oil or gas inspection activity on Indian land. (3) On any oil or gas lease for nonproducing acreage on Indian land. SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO PROMOTE INDIAN ENERGY PROJECTS. (a) In General.--A plaintiff who obtains a preliminary injunction or administrative stay in an energy related action, but does not ultimately prevail on the merits of the energy related action, shall be liable for damages sustained by a defendant who-- (1) opposed the preliminary injunction or administrative stay; and (2) was harmed by the preliminary injunction or administrative stay. (b) Bond.--Unless otherwise specifically exempted by Federal law, a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent-- (1) in an amount the court or agency decides is 30 percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages, including but not limited to preliminary development costs, additional development costs, and reasonable attorney fees, that each defendant may sustain as a result of the preliminary injunction or administrative stay; (2) written by a surety licensed to do business in the State in which the Indian Land or other land where the activities are undertaken is situated; and (3) payable to each defendant opposing the preliminary injunction or administrative stay, in the event that the plaintiff does not prevail on the merits of the energy related action, Provided, that, if there is more than one plaintiff, the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner. (c) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Administrative stay.--The term ``Administrative Stay'' means a stay or other temporary remedy issued by a Federal agency, including the Department of the Interior, the Department of Agriculture, the Department of Energy, the Department of Commerce, and the Environmental Protection Agency. (2) Indian land.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601). (3) Energy related action.--The term ``energy related action'' means a cause of action that-- (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action (as defined in section 702 of title 5, United States Code), to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail on the merits.--The phrase ``Ultimately prevail on the merits'' means, in a final enforceable judgment on the merits, the court rules in the plaintiff's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. (5) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT. The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following: ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. ``(a) In General.--For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. ``(b) Definitions.--The definitions in section 2 shall apply to this section. ``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). ``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application-- ``(1) containing such information as the Secretary may require; and ``(2) that includes a description of-- ``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and ``(B) the demonstration project proposed to be carried out by the Indian tribe. ``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary-- ``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108- 278; and whether a proposed demonstration project would-- ``(A) increase the availability or reliability of local or regional energy; ``(B) enhance the economic development of the Indian tribe; ``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or ``(E) otherwise promote the use of woody biomass; and ``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ``(f) Implementation.--The Secretary shall-- ``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and ``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. ``(g) Report.--Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period-- ``(1) each individual tribal application received under this section; and ``(2) each contract and agreement entered into pursuant to this section. ``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. ``(i) Term.--A stewardship contract or other agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years; and ``(2) may be renewed in accordance with this section for not more than an additional 10 years.''. SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS. Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION. Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended-- (1) by striking ``, except a lease for'' and inserting ``, including leases for''; (2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;''; (3) in subparagraph (B), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''. SEC. 11. NONAPPLICABILITY OF CERTAIN RULES. No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.
Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems an appraisal that is conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal. (Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area. (Sec. 6) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land. (Sec. 7) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. (Indian energy related actions are those concerned with energy activities undertaken on Indian land or by Indian tribes on other lands.) Subjects plaintiffs to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses. (Sec. 8) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Requires the creation of at least four new demonstration projects during each of those fiscal years. Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will: increase the availability or reliability of local or regional energy, enhance the tribe's economic development, improve the connection of electric power transmission facilities serving the tribe with other electric transmission facilities, improve the forest health or watersheds of federal land or Indian forest land or rangeland, or otherwise promote woody biomass use. Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands. Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years. (Sec. 9) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable management practice when sustainability is federally required. (Sec. 10) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years. (Sec. 11) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.
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SECTION 1. TRANSFER OF BUREAU OF LAND MANAGEMENT LANDS. (a) Required Offer.-- (1) In general.--Subject to valid existing rights and except as otherwise provided in this Act, the Secretary of the Interior shall offer to transfer all right, title, and interest of the United States in and to all lands and interests in lands administered by the Bureau of Land Management to the State in which such lands and interests are located. (2) Lands and interests included.--The lands and interests in lands referred to in paragraph (1) include-- (A) the fee simple interest where the United States owns both the surface and mineral rights; (B) the mineral rights where the surface estate is owned by a non-Federal person, including a State or political subdivision thereof; and (C) water rights related to such lands or interests. (3) Exclusion of mineral interests underlying indian reservations.--Paragraph (1) does not apply with respect to the mineral interests underlying a surface estate held by the United States in trust for an Indian tribe. (b) Two-Year Period To Make Offer to Governor.--The offer required by subsection (a) with respect to a State shall be made to the Governor within two years after the date of the enactment of this Act. (c) Acceptance of Offer.--A State may only accept the offer of all such lands or reject such offer. Acceptance of an offer under subsection (a) may only be made by the Governor, in writing to the Secretary. (d) Effective Date of Transfer.--Any transfer of lands under this Act shall be effective with respect to a State on the date which is ten years after the date on which the offer to the Governor is accepted. (e) Surveys.--The Secretary is not required to conduct a survey of any lands prior to transferring such lands under this Act. SEC. 2. LEASES, PERMITS, AND UNPATENTED MINING CLAIMS. (a) Valid Leases and Permits.--Each State receiving lands under this Act shall honor valid existing leases and permits on such lands for the term of such lease or permit and shall manage such leases and permits in accordance with their other terms and conditions. (b) Mining Claims.--(1) Except for those mining claims for which the holder is entitled to a patent as provided in paragraph (2), after the date on which lands subject to a mining claim are transferred to a State under this Act, the validity and continued existence of the mining claim shall be determined under the laws of the State to which the lands were transferred and shall be administered in accordance with such laws. (2) The holder of a mining claim is entitled to the issuance of a patent in the case of a mining claim on lands transferred to a State under this Act in the same manner and degree to which such holder would have been entitled to prior to the date of such transfer if, as of the date of the transfer a patent application was filed with the Secretary and all requirements-- (A) under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims; (B) under sections 2329, 2330, 2331, and 2333 of the Revised Statues (30 U.S.C. 35, 36, 37) for placer claims; and (C) applicable to such patent application for mill site claims, were fully complied with. (c) Rights-of-Way.--Each State receiving lands under this Act shall respect all rights-of-way granted by the United States on such lands in accordance with the terms and conditions of the rights-of-way. SEC. 3. MANAGEMENT OF LANDS TRANSFERRED UNDER THIS ACT. (a) Wilderness.--Lands transferred under this Act which have been designated by an Act of Congress as wilderness shall be managed by the State as wilderness in accordance with the requirements specified in the Wilderness Act, the Act of Congress which designated the lands as wilderness, and any other Act of Congress which specifically provides for the management of such lands, except that the State shall be substituted for the Secretary of the Interior. (b) Military Uses.--(1) Lands transferred by this Act which on the date of such transfer are subject to use for military purposes shall continue to be subject to the same military uses. (2) In the case of lands transferred to a State under this Act which are subject to a withdrawal from public use for military purposes, the State shall respect the withdrawal and military use for the term of the withdrawal and may not impose any fee or other charge on the United States with respect to the military purpose. At the end of such term, the Secretary of the military department concerned, or the Secretary of Defense, may negotiate with the Governor of the State for the continued use of such lands. Lands for which there is not a continued military use shall be decontaminated by the appropriate Secretary in accordance with the Act of Congress which withdrew such lands for military purposes or the withdrawal order, if any. (c) Records.--The Secretary of the Interior shall continue to hold all land records of the Secretary with respect to the lands transferred to a State under this Act. The Secretary shall provide to the State full copies of all applicable land records relating to lands which are transferred under this Act. The Secretary shall make such records available for public use as the Secretary determines appropriate. (d) Indian Lands.--The mineral interests described in section 1(a)(3) shall be transferred from the administrative jurisidiction of the Bureau of Land Management and shall be held in trust for the Indian tribe for which the overlying surface estate is held in trust. SEC. 4. WATER RIGHTS. (a) In General.--The Secretary shall transfer to a State receiving lands under this Act all water rights of the United States associated with the lands. (b) Certain Rights Not Affected.--A transfer of water rights under subsection (a) shall not be construed as-- (1) affecting, impairing, diminishing, subordinating, or enlarging-- (A) the rights of the United States or any State to water under any international treaty, interstate compact, or existing judicial decree; (B) any obligation of the United States to Indians or Indian tribes or any claim or right owned or held by or for Indians or Indian tribes, including with respect to any Indian water compact; (C) any right to any quantity of water reserved or used for governmental purposes or programs of the United States at any time prior to the date of the enactment of this Act; or (D) any license or permit issued before the date of the enactment of this Act; or (2) as a recognition, disclaimer, relinquishment, or reduction of any water right of the United States reserved or appropriated before the date of the enactment of this Act. SEC. 5. REDUCTION IN BUDGET AUTHORITY FOR THE BUREAU OF LAND MANAGEMENT. (a) Cap on Obligations and Expenditures.--Beginning with the fiscal year in which this Act is enacted, not more than $800,000,000 may be obligated or expended in any fiscal year by the Bureau of Land Management in carrying out its duties, functions, and responsibilities under any provision of law. (b) Priority for Use of Fiscal Resources.--The Secretary shall give priority to expending amounts available to the Bureau of Land Management to land management activities and to carrying out this Act. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (2) the term ``Secretary'' means the Secretary of the Interior.
Requires the Secretary of the Interior to transfer all right, title, and interest of the United States in and to all lands and interests administered by the Bureau of Land Management (BLM) to the State in which such lands and interests are located, with the exception of the mineral interests underlying a surface estate held by the United States in trust for an Indian tribe. Allows a State to only either accept the offer of all such lands or to reject such offer. Directs each State receiving lands under this Act to: (1) honor valid existing leases and permits; and (2) respect all rights-of-way granted by the United States on such lands. Requires the validity and existence of a transferred mining claim to be determined and administered under State law, with exceptions for the holders of specified patents. Requires: (1) transferred designated wilderness lands to continue to be managed as wilderness; and (2) transferred military purpose lands to continue to be military purpose lands. Transfers the administration of the mineral interests on Indian lands from the BLM. Sets forth provisions concerning the transfer of all water rights associated with the lands to the State receiving such lands. Caps BLM obligations and expenditures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Death Penalty Abolition Act of 2003''. SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY. (a) Homicide-Related Offenses.-- (1) Murder related to the smuggling of aliens.--Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by death or''. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death.--Section 34 of title 18, United States Code, is amended by striking ``to the death penalty or''. (3) Murder committed during a drug-related drive-by shooting.--Section 36(b)(2)(A) of title 18, United States Code, is amended by striking ``death or''. (4) Murder committed at an airport serving international civil aviation.--Section 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking ``punished by death or''. (5) Civil rights offenses resulting in death.--Chapter 13 of title 18, United States Code, is amended-- (A) in section 241, by striking ``, or may be sentenced to death''; (B) in section 242, by striking ``, or may be sentenced to death''; (C) in section 245(b), by striking ``, or may be sentenced to death''; and (D) in section 247(d)(1), by striking ``, or may be sentenced to death''. (6) Murder of a member of congress, an important executive official, or a supreme court justice.--Section 351 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (7) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.--Section 844 of title 18, United States Code, is amended-- (A) in subsection (d), by striking ``or to the death penalty''; (B) in subsection (f)(3), by striking ``subject to the death penalty, or''; (C) in subsection (i), by striking ``or to the death penalty''; and (D) in subsection (n), by striking ``(other than the penalty of death)''. (8) Murder committed by use of a firearm during commission of a crime of violence or a drug trafficking crime.--Section 924(j)(1) of title 18, United States Code, is amended by striking ``by death or''. (9) Genocide.--Section 1091(b)(1) of title 18, United States Code, is amended by striking ``death or''. (10) First degree murder.--Section 1111(b) of title 18, United States Code, is amended by striking ``by death or''. (11) Murder by a federal prisoner.--Section 1118 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by death or''; and (B) in subsection (b), in the third undesignated paragraph-- (i) by inserting ``or'' before ``an indeterminate''; and (ii) by striking ``, or an unexecuted sentence of death''. (12) Murder of a state or local law enforcement official or other person aiding in a federal investigation; murder of a state correctional officer.--Section 1121 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by sentence of death or''; and (B) in subsection (b)(1), by striking ``or death''. (13) Murder during a kidnaping.--Section 1201(a) of title 18, United States Code, is amended by striking ``death or''. (14) Murder during a hostage-taking.--Section 1203(a) of title 18, United States Code, is amended by striking ``death or''. (15) Murder with the intent of preventing testimony by a witness, victim, or informant.--Section 1512(a)(2)(A) of title 18, United States Code, is amended by striking ``the death penalty or''. (16) Mailing of injurious articles with intent to kill or resulting in death.--Section 1716(i) of title 18, United States Code, is amended by striking ``to the death penalty or''. (17) Assassination or kidnaping resulting in the death of the president or vice president.--Section 1751 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (18) Murder for hire.--Section 1958(a) of title 18, United States Code, is amended by striking ``death or''. (19) Murder involved in a racketeering offense.--Section 1959(a)(1) of title 18, United States Code, is amended by striking ``death or''. (20) Willful wrecking of a train resulting in death.-- Section 1992(b) of title 18, United States Code, is amended by striking ``to the death penalty or''. (21) Bank robbery-related murder or kidnaping.--Section 2113(e) of title 18, United States Code, is amended by striking ``death or''. (22) Murder related to a carjacking.--Section 2119(3) of title 18, United States Code, is amended by striking ``, or sentenced to death''. (23) Murder related to aggravated child sexual abuse.-- Section 2241(c) of title 18, United States Code, is amended by striking ``unless the death penalty is imposed,''. (24) Murder related to sexual abuse.--Section 2245 of title 18, United States Code, is amended by striking ``punished by death or''. (25) Murder related to sexual exploitation of children.-- Section 2251(d) of title 18, United States Code, is amended by striking ``punished by death or''. (26) Murder committed during an offense against maritime navigation.--Section 2280(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (27) Murder committed during an offense against a maritime fixed platform.--Section 2281(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (28) Terrorist murder of a united states national in another country.--Section 2332(a)(1) of title 18, United States Code, is amended by striking ``death or''. (29) Murder by the use of a weapon of mass destruction.-- Section 2332a of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``punished by death or''; and (B) in subsection (b), by striking ``by death, or''. (30) Murder by act of terrorism transcending national boundaries.--Section 2332b(c)(1)(A) of title 18, United States Code, is amended by striking ``by death, or''. (31) Murder involving torture.--Section 2340A(a) of title 18, United States Code, is amended by striking ``punished by death or''. (32) Murder related to a continuing criminal enterprise or related murder of a federal, state, or local law enforcement officer.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended-- (A) in each of subparagraphs (A) and (B) of subsection (e)(1), by striking ``, or may be sentenced to death''; (B) by striking subsections (g) and (h) and inserting the following: ``(g) [Reserved.] ``(h) [Reserved.]''; (C) in subsection (j), by striking ``and as to appropriateness in that case of imposing a sentence of death''; (D) in subsection (k), by striking ``, other than death,'' and all that follows before the period at the end and inserting ``authorized by law''; and (E) by striking subsections (l) and (m) and inserting the following: ``(l) [Reserved.] ``(m) [Reserved.]''. (33) Death resulting from aircraft hijacking.--Section 46502 of title 49, United States Code, is amended-- (A) in subsection (a)(2), by striking ``put to death or''; and (B) in subsection (b)(1)(B), by striking ``put to death or''. (b) Non-Homicide Related Offenses.-- (1) Espionage.--Section 794(a) of title 18, United States Code, is amended by striking ``punished by death or'' and all that follows before the period and inserting ``imprisoned for any term of years or for life''. (2) Treason.--Section 2381 of title 18, United States Code, is amended by striking ``shall suffer death, or''. (c) Repeal of Criminal Procedures Relating to Imposition of Death Sentence.-- (1) In general.--Chapter 228 of title 18, United States Code, is repealed. (2) Technical and conforming amendment.--The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE. (a) In General.--Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons Sentenced Before Date of Enactment.--Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall serve a sentence of life imprisonment without the possibility of parole.
Federal Death Penalty Abolition Act of 2003 - Repeals death penalty provisions for a wide range of specified offenses under the Immigration and Nationality Act, the Federal criminal code (the code), the Controlled Substances Act, and other statutes, including for murder relating to the smuggling of aliens, murder during a hostage-taking, and certain non-homicide-related offenses (espionage and treason). Repeals code procedures relating to imposition of the death sentence. Prohibits sentencing to death or putting to death any person for any violation of Federal law. Directs that any person sentenced to death before the date of this Act's enactment for any such violation serve a sentence of life imprisonment without the possibility of parole.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``CHIP Mental Health Parity Act''. SEC. 2. ENSURING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR CHILDREN AND PREGNANT WOMEN UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--Section 2103(c)(1) of the Social Security Act (42 U.S.C. 1397cc(c)(1)) is amended by adding at the end the following new subparagraph: ``(E) Mental health and substance use disorder services (as defined in paragraph (5)).''. (b) Mental Health and Substance Use Disorder Services.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended-- (A) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (8), and (9), respectively; and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Mental health and substance use disorder services.-- Regardless of the type of coverage elected by a State under subsection (a), child health assistance provided under such coverage for targeted low-income children and, in the case that the State elects to provide pregnancy-related assistance under such coverage pursuant to section 2112, such pregnancy-related assistance for targeted low-income women (as defined in section 2112(d)) shall-- ``(A) include coverage of mental health services (including behavioral health treatment) necessary to prevent, diagnose, and treat a broad range of mental health symptoms and disorders, including substance use disorders; and ``(B) be delivered in a culturally and linguistically appropriate manner.''. (2) Conforming amendments.-- (A) Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter before paragraph (1), by striking ``paragraphs (5), (6), and (7)'' and inserting ``paragraphs (5), (6), (7), and (8)''. (B) Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)) is amended-- (i) in paragraph (18), by striking ``substance abuse'' each place it appears and inserting ``substance use''; and (ii) in paragraph (19), by striking ``substance abuse'' and inserting ``substance use''. (C) Section 2110(b)(5)(A)(i) of the Social Security Act (42 U.S.C. 1397jj(b)(5)(A)(i)) is amended by striking ``subsection (c)(5)'' and inserting ``subsection (c)(6)''. (c) Assuring Access to Care.--Section 2102(a)(7)(B) of the Social Security Act (42 U.S.C. 1397bb(c)(2)) is amended by striking ``section 2103(c)(5)'' and inserting ``paragraphs (5) and (6) of section 2103(c)''. (d) Mental Health Services Parity.--Subparagraph (A) of paragraph (7) of section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) (as redesignated by subsection (b)(1)) is amended to read as follows: ``(A) In general.--A State child health plan shall ensure that the financial requirements and treatment limitations applicable to mental health and substance use disorder services (as described in paragraph (5)) provided under such plan comply with the requirements of section 2726(a) of the Public Health Service Act in the same manner as such requirements or limitations apply to a group health plan under such section.''. (e) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. (2) Exception for state legislation.--In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this section, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.
CHIP Mental Health Parity Act (Sec. 2) This bill requires Children's Health Insurance Program (CHIP) plans to cover mental health and substance use disorder services. Financial requirements and treatment limitations applicable to such services shall not differ from those applicable to other medical services under CHIP.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans, Employees, and Taxpayers Protection Act of 2017'' or the ``VET Protection Act of 2017''. SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--LABOR MANAGEMENT ``Sec. 751. Records on use of official time ``(a) Tracking of Official Time.--The Secretary shall track the use of official time by employees of the Department of Veterans Affairs in a manner that accounts for such time accurately and to a specific degree without the use of estimates or ranges of time. ``(b) Annual Report.--(1) Not later than December 31 of each year, the Secretary shall submit to the Office of Personnel Management and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the use of official time by employees of the Department during the most recently ended fiscal year. ``(2) Each report under paragraph (1) shall include, with respect to the fiscal year covered by the report, the following information: ``(A) The total amount of official time granted to employees. ``(B) The total amount of official time expended and the amount of official time expended per employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution. ``(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on the operations of the Department. ``(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time. ``(E) The total annual salary, job title, and amount of official time afforded to any employee. ``(F) A description of any room or space designated at the Department where official time activities will be conducted, including the square footage of any such room or space. ``(c) Official Time Defined.--In this section, the term `official time' means any period-- ``(1) which may be granted to an employee under chapter 71 of title 5 (including a collective bargaining agreement entered into under such chapter) or chapter 74 of this title to perform representational or consultative functions; and ``(2) during which the employee would otherwise be in a duty status. ``Sec. 752. Limitations on use of official time for certain purposes and individuals ``(a) Political Activities and Lobbying.--Notwithstanding section 7131 of title 5 or any other provision of law, any employee of the Department may not use official time to carry out political activities or activities relating to lobbying. ``(b) Prohibition on Use of Official Time by Certain Employees.-- The following employees of the Department may not use official time for any purpose: ``(1) Any employee appointed under section 7401(1) of this title. ``(2) Any employee with an annual rate of basic pay equal to or greater than $100,000. ``(3) Any employee who is serving a probationary period. ``(c) Limitation on All Employees.--Any employee of the Department not covered by subsection (b) may spend no more than 25 percent of the time such employee would otherwise be in a duty status on official time. ``(d) Official Time Defined.--In this section, the term `official time' has the meaning given such term in section 751(c) of this title. ``Sec. 753. Termination of collection of dues ``Notwithstanding section 7115 of title 5, any exclusive bargaining agreement entered into pursuant to chapter 71 of such title by the Department shall provide that an employee of the Department may terminate a voluntary allotment for the payment of dues at any time. Any deductions for dues made pursuant to such allotment shall cease beginning on the first pay period after the termination is made.''. (b) Applicability.--Sections 752 and 753 of title 38, United States Code, as added by subsection (a), shall apply with respect to any collective bargaining agreement entered into before, on, or after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter iv--labor management ``751. Records on use of official time. ``752. Limitations on use of official time for certain purposes and individuals. ``753. Termination of collection of dues.''. SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Probationary Period.-- (1) In general.--Chapter 7 of title 38, United States Code, is further amended by inserting after section 717 the following new section: ``Sec. 718. Probationary period for employees ``(a) In General.--Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of two years. ``(b) Covered Employees.--For purposes of this section, a covered employee is-- ``(1) any individual-- ``(A) appointed to a permanent position within the competitive service at the Department; or ``(B) appointed as a career appointee (as defined in section 3132(a) of title 5) within the Senior Executive Service at the Department; and ``(2) not an individual with a probationary period prescribed by section 7403 of this title. ``(c) Permanent Hires.--Not later than 90 days before the expiration of a covered employee's probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary. ``(d) Application.--With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, sections 7501(1) and 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting `completed 2 years' for `completed 1 year' in each instance it appears.''. (2) Clerical and conforming amendments.-- (A) Clerical.--The table of sections at the beginning of such chapter, as amended by section 2, is further amended by inserting after the item relating to section 717 the following new item: ``718. Probationary period for employees.''. (B) Conforming.--Title 5, United States Code, is amended-- (i) in section 3321(c)-- (I) by striking ``Service, or'' and inserting ``Service,''; and (II) by inserting at the end before the period the following: ``, or any individual covered by section 718 of title 38''; (ii) in section 3393(d), by inserting at the end before the period the following: ``or section 718 of title 38''; (iii) in sections 7501(1) and 7511(a)(1)(A)(ii), by inserting ``or section 718 of title 38'' after ``title 10'' in each instance it appears; and (iv) in section 7541(1)(A)-- (I) by striking ``title or'' and inserting ``title,''; and (II) by inserting at the end before the semicolon the following: ``, or section 718 of title 38''. (b) Application.--Section 718 of title 38, United States Code, as added by subsection (a)(1), shall apply to any covered employee (as that term is defined in subsection (b) of such section, as so added) appointed after the date of the enactment of this Act.
Veterans, Employees, and Taxpayers Protection Act of 2017 or the VET Protection Act of 2017 This bill directs the Department of Veterans Affairs (VA) to track the use of official time by VA employees without using estimates or time ranges. Official time is time granted to an employee under federal labor-management relations provisions to perform representational or consultative functions during which the employee would otherwise be in a duty status. The bill prohibits: (1) a VA employee from using official time to carry out political or lobbying activities; (2) specified health care employees, probationary employees, or employees above a certain salary level from using official time for any purpose; and (3) any VA employee from spending more than 25% of the time such employee would otherwise be in a duty status on official time. An exclusive bargaining agreement shall allow a VA employee to terminate a voluntary dues allotment at any time. A covered VA employee shall serve a two-year probationary period, after which the employee's supervisor shall determine within 90 days whether or not the appointment is permanent. A covered employee is any individual appointed to a permanent position within the competitive service or the Senior Executive Service and does not include specified health care practitioners.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Leave Sharing Act of 1993''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(d)(1) of the Federal Employees Leave Sharing Act of 1988 (5 U.S.C. 6331 note) is amended by striking ``5 years'' each place it appears and inserting ``10 years''. SEC. 3. AUTHORITY TO TRANSFER SICK LEAVE. (a) Direct Transfers of Leave.-- (1) In general.--Subchapter III of chapter 63 of title 5, United States Code, is amended by inserting after section 6338 the following: ``Sec. 6338a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the transfer and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the transfer and use of sick leave under the regulations shall be the same as those governing the transfer and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be transferred or used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave received under this subchapter-- ``(A) may not be used before the exhaustion requirement under section 6333(b) has been met; and ``(B) shall not (for restoration purposes, if applicable) be considered to have been used before all transferred annual leave has been exhausted. ``(3) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using any leave received under this subchapter in connection with a particular medical emergency.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6338(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6339(c)(1) of title 5, United States Code, is amended-- (i) by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''; and (ii) by striking ``annual leave account'' and inserting ``annual or sick leave account (as applicable)''. (b) Leave Bank Program.-- (1) In general.--Subchapter IV of chapter 63 of title 5, United States Code, is amended by inserting after section 6371 the following: ``Sec. 6371a. Sick leave ``(a) The Office of Personnel Management shall by regulation modify the program established under the preceding provisions of this subchapter so as to permit, in addition to annual leave, the contribution and use of sick leave. ``(b) To the extent feasible, the terms and conditions governing the contribution and use of sick leave under the regulations shall be the same as those governing the contribution and use of annual leave under the preceding provisions of this subchapter, subject to the following: ``(1) Sick leave may not be used in connection with any purpose for which accrued sick leave could not be used by the leave recipient under subchapter I. ``(2) Sick leave may be contributed instead of annual leave in order to satisfy, in whole or in part, the requirements of section 6366(a)(2)(A). ``(3) Sick leave received under this subchapter may not be used before the exhaustion requirement under section 6367(c) has been met. ``(4) Nothing in this section shall affect the maximum amount of sick leave or annual leave which may be accrued by a leave recipient while using leave received under this subchapter in connection with a particular medical emergency.''. (2) Technical and conforming amendments.-- (A) Prohibition of coercion.--Section 6370(a) of title 5, United States Code, is amended by striking ``annual leave'' and inserting ``annual or sick leave''. (B) Excepted agencies.--Section 6372(c)(1) of title 5, United States Code, is amended by striking ``annual leave accrued'' and inserting ``annual or sick leave accrued''. (c) Table of Contents.--The table of sections for chapter 63 of title 5, United States Code, is amended-- (1) by inserting after the item relating to section 6338 the following: ``6338a. Sick leave.''; and (2) by inserting after the item relating to section 6371 the following: ``6371a. Sick leave.''. (d) Effective Date.--Regulations required to be prescribed by the Office of Personnel Management under the amendments made by this section shall become effective not later than January 31, 1994.
Federal Employees Leave Sharing Act of 1993 - Amends the Federal Employees Leave Sharing Act of 1988 to extend leave-transfer programs and allow them to permit transfers of sick leave in addition to annual leave.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Colon Cancer Screen for Life Act of 2002''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) colorectal cancer screening tests (as defined in section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) covered under the medicare program have been severely underutilized, with the Comptroller General of the United States reporting in 2000 that since coverage of such tests was implemented, the percentage of beneficiaries under the medicare program receiving either a screening or a diagnostic colonoscopy has increased by only 1 percent; (2) the Centers for Medicare & Medicaid Services should encourage health care providers to use more effective screening and diagnostic health care technologies in the area of colorectal cancer screening; (3) in recent years, the Centers for Medicare & Medicaid Services has subjected colorectal cancer screening tests to some of the largest reimbursement reductions under the medicare program; (4) unlike other preventive screening tests covered under the medicare program, health care providers must consult with beneficiaries prior to furnishing a screening colonoscopy in order to-- (A) ascertain the medical and family history of the beneficiary; and (B) inform the beneficiary of preparatory steps that must be taken prior to the procedure; and (5) reimbursement under the medicare program is not currently available for the consultations described in paragraph (4) despite the fact that reimbursement is provided under such program for similar consultations prior to a diagnostic colonoscopy. SEC. 3. INCREASE IN REIMBURSEMENT FOR COLORECTAL CANCER SCREENING AND DIAGNOSTIC TESTS. (a) In General.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Enhanced payment for colorectal cancer screening and diagnostic tests.-- ``(A) Nonfacility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2002 and in subsequent years which reflect a 10 percent increase above the relative value units in effect as the nonfacility rates for such codes in 2001, with such revised payment level to apply to items and services performed in a nonfacility setting, provided, however, that such setting is consistent with quality care, sound medical judgment, and prevention of potential complications. ``(B) Facility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2002 and in subsequent years which reflect a 30 percent increase above the relative value units in effect as the facility rates for such codes in 2001, with such revised payment level to apply to items and services performed in a facility setting. ``(C) Annual adjustments.--In the case of items and services furnished on or after January 1, 2003, the payment rates described in subparagraphs (A) and (B) shall, subject to the minimum payment amounts established in such subparagraphs, be adjusted annually as provided in section 1848.''. (b) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after July 1, 2002. SEC. 4. MEDICARE COVERAGE OF OFFICE VISIT OR CONSULTATION PRIOR TO A SCREENING COLONOSCOPY OR IN CONJUNCTION WITH A BENEFICIARY'S DECISION TO OBTAIN SUCH A SCREENING. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) an outpatient office visit or consultation for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and sedation of the beneficiary, prior to a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether such screening is medically indicated with respect to the beneficiary;''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to an outpatient office visit or consultation under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1848''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (3) Requirement for establishment of payment amount under physician fee schedule.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(5) Payment for outpatient office visit or consultation prior to screening colonoscopy.--With respect to an outpatient office visit or consultation under section 1861(s)(2)(W), payment under section 1848 shall be consistent with the payment amounts for CPT codes 99203 and 99243.''. (c) Effective Date.--The amendments made by this section shall apply to items and services provided on or after July 1, 2002. SEC. 5. WAIVER OF DEDUCTIBLE FOR COLORECTAL CANCER SCREENING TESTS. (a) In General.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (1) by striking ``and'' before ``(6)''; and (2) by inserting before the period at the end the following: ``, and (7) such deductible shall not apply with respect to colorectal cancer screening tests (as described in section 1861(pp)(1))''. (b) Conforming Amendments.--Paragraphs (2)(C)(ii) and (3)(C)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each amended-- (1) by striking ``deductible and'' in the heading; and (2) in subclause (I), by striking ``deductible or'' each place it appears. (c) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after July 1, 2002.
Colon Cancer Screen for Life Act of 2002 - Expresses the sense of the Congress with respect to the use of and reimbursement for colorectal cancer screening tests covered under the Medicare program under title XVIII of the Social Security Act (SSA).Amends SSA title XVIII to: (1) increase reimbursement for colorectal cancer screening and diagnostic tests; (2) cover an outpatient office visit or consultation for the purpose of beneficiary education before a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether such screening is medically indicated with respect to the beneficiary; and (3) waive the deductible for colorectal cancer screening tests.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Property Mitigation Assistance Act of 2007''. SEC. 2. HOMEOWNER MITIGATION LOAN PROGRAM. Section 203 of the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5133) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following: ``(m) Homeowner Mitigation Loan Program.-- ``(1) Establishment.--The Administrator of the Federal Emergency Management Agency shall establish a grant program to provide assistance to States to promote pre-disaster property mitigation measures within the jurisdiction of the States. ``(2) Application.--A State desiring a grant under this subsection shall submit an application as required pursuant to regulations promulgated by the Administrator under paragraph (7). ``(3) Eligibility requirements.--In order to be eligible to receive a grant under paragraph (1) a State shall have-- ``(A) submitted a mitigation plan under section 322(c); ``(B) established a process for accepting and processing grant and loan applications from individual homeowners and business owners; ``(C) established a revolving loan fund to which any grant amounts received under this section shall be deposited; and ``(D) submitted a detailed plan for how terms and conditions for loans and grants authorized under paragraph (5) will be set. ``(4) Funding formula.-- ``(A) In general.--The Administrator shall allocate grant amounts to eligible States under paragraph (1) according to a formula based on the following factors: ``(i) The extent and nature of the potential hazards to property in the State. ``(ii) The level and degree of risk of potential hazards or natural disasters confronted by the State. ``(iii) The number of properties at risk in the event that a hazard or natural disaster should occur in the State. ``(iv) The amount of prior property damages incurred by the State during any previous hazard or natural disaster. ``(v) Any available data on the future risk of occurrence of any hazard or natural disaster in a State. ``(B) Baseline amount.--Any formula developed by the Administrator under subparagraph (A), shall ensure that each eligible State shall, at a minimum, receive an amount equal to not less than $500,000. ``(C) Matching requirement.--To be eligible to receive any grant funds under this subsection, a State shall contribute matching non-Federal funds in an amount equal to not less than 10 percent of the total amount of the grant. ``(5) Eligible activities.-- ``(A) In general.--A grant under this subsection may be used by a State to carry out grant and lending functions as authorized under this paragraph. ``(B) Revolving loans and grants to homeowners and businesses.-- ``(i) Authority of states.--Each State is authorized to make from any revolving loan fund established pursuant to paragraph (3)(C) grants or loans from such fund to assist individual homeowners and businesses in undertaking pre- disaster property mitigation measures. ``(ii) Determination of the state.--No loans shall be provided under this paragraph unless a State determines that-- ``(I) there is reasonable assurance of repayment of the loan; and ``(II) the amount of the loan, together with other funds available to the property owner, is adequate to assure the purposes for which the loan is made. ``(iii) Grant and loan requirements.-- ``(I) Grants.--A State may make grants for elevation and other pre- disaster property mitigation measures to homeowners with household incomes of less than 50 percent of area median income. ``(II) Loans.--A State may make-- ``(aa) low-interest loans for elevation and other pre- disaster property mitigation measures to homeowners with household incomes of less than 120 percent of area median income; and ``(bb) loans for elevation and other pre-disaster property mitigation measures to homeowners with household incomes of greater than 120 percent of area median income or any other property owner, including business owners. ``(III) Maximum grant and loan amounts.-- ``(aa) In general.--Each State shall establish maximum grant and loan amounts for elevation and other pre- disaster property mitigation measures under subclause (II). ``(bb) Considerations.--In establishing the grant and loan amounts under item (aa), each State shall consider the following: ``(AA) The degree to which such amounts will maximize mitigation efforts. ``(BB) The ability of such amounts to allow a homeowner to properly and effectively undertake mitigation activities. ``(IV) Interest rate.--For purposes of this paragraph, each State shall develop a sliding scale mechanism for determining the rate of interest to charge homeowners who apply for loans under this program based on their income level. ``(V) No compounding.--Interest on the outstanding principal balance of any loan under this paragraph shall not compound. ``(VI) Balance due.-- ``(aa) In general.--The principal of any loan made under this paragraph, including any interest accrued on such principal, shall not be due and payable before the period set forth in subclause (VII)(bb) unless the real property securing such loan is sold or transferred. ``(bb) Deposit of balance due.--If the event described in item (aa) occurs, the principal of any loan made under this paragraph, including any interest accrued on such principal, shall immediately become due and payable to the State. ``(VII) Repayment period.--All loans made under this paragraph shall be repayable-- ``(aa) on a monthly basis; and ``(bb) within a period of not more than 15 years. ``(VIII) No penalty for prepayment.--Any homeowner or other property owner who receives a loan under this section may repay the loan in full, without penalty, by lump sum or by installment payments, at any time prior to the loan becoming due and payable. ``(IX) Credits.--The interest on, and the proceeds from the collection or redemption of, any loan obligations held by the revolving loan fund of a State shall be credited to and form a part of such fund. ``(X) Subordination permitted.--Any loan made under this section will be subordinated to any refinancing of the first mortgage, any preexisting subordinate financing, any purchase money mortgage, or subordinated for any other reason, as determined by the State. ``(C) Application process.-- ``(i) In general.--An individual homeowner or business desiring a loan or grant under this paragraph shall submit an application at such time, in such manner, and accompanied by such information as the State may reasonably require. ``(ii) Required showing by homeowners.--An individual homeowner desiring a loan or grant under this paragraph shall submit to the State proof that such homeowner has insured the property on which any funds awarded under this paragraph will be used to undertake pre- disaster property mitigation measures, including proving that such homeowner has flood insurance on such property if the pre-disaster mitigation measure to be undertaken are being done to lower the risk of loss from a flood. ``(iii) State responsibility.--Each State receiving a grant under this subsection shall establish a process wherein not later than 60 days after the receipt of an application for a loan or grant submitted by a homeowner or business under clause (i), the State issues a determination as to whether or not such application is approved. In making such determination that State shall examine if the proposed mitigation project in the application satisfies the requirements of this paragraph, including whether-- ``(I) the homeowner or business is located in an area at risk of hazard or natural disaster; ``(II) the mitigation project is an eligible activity for purposes of such loan or grant; and ``(III) the cost of the mitigation project is reasonable. ``(D) Consultation with localities.--Each State receiving a grant under this subsection shall develop a process by which such State will consult with local and municipal governments as to each project proposed to be funded by a loan or grant under this paragraph. ``(6) Prohibition on use of funds for community wide mitigation activities.--None of the amounts made available under this subsection may be used for community wide mitigation activities. ``(7) Permissible designees.--A State receiving a grant under this subsection may designate a State housing finance agency or any other State agency, office, or entity with experience in maintaining grant and loan programs to-- ``(A) apply for a grant under this subsection; ``(B) receive and distribute grant funds awarded under this subsection in accordance with the requirements of this subsection; and ``(C) perform any other administrative duties related to the activities authorized by this subsection. ``(8) Rulemaking.--Not later than 6 months after the date of enactment of the Property Mitigation Assistance Act of 2007, the Administrator shall promulgate regulations implementing the provisions of this subsection. ``(9) Report to congress.--The Administrator shall, on annual basis, report to Congress on the activities authorized by this subsection. ``(10) Definitions.--As used in this subsection: ``(A) Low-interest loan.--The term `low-interest loan' means a loan that carries a simple annual percentage rate that shall be determined in the discretion of the State, but that shall, at minimum, be less than the prime rate of interest. ``(B) Median income.--The term `median income' means, with respect to an area, the unadjusted median family income for the area, as determined and published annually by the Secretary of Housing and Urban Development. ``(C) Other pre-disaster property mitigation measures.--The term `other pre-disaster property mitigation measures' includes-- ``(i) activities such as the addition of storm shutters, hurricane clips, and safe rooms; ``(ii) small elevation projects, such as the elevation of an electrical or heating system; and ``(iii) any other activity the Administrator, State, or local government believes will mitigate the risks of future hazards and natural disasters. ``(D) Prime rate of interest.--The term `prime rate of interest' means the target federal funds rate as determined by the Federal Open Markets Committee of the Federal Reserve System plus 300 basis points. ``(E) Property mitigation measures related to elevation.--The term `property mitigation measures related to elevation' means the elevation of a home. ``(F) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, each of the United States Virgin Islands, and any territory or possession of the United States. ``(11) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2008 through 2013.''.
Property Mitigation Assistance Act of 2007 - Amends the Robert T. Stafford Disaster Assistance and Emergency Relief Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish a grant program to provide assistance to states to promote pre-disaster property mitigation measures within their jurisdictions. Requires a state, to be eligible for assistance, to have: (1) submitted a mitigation plan; (2) established a process for accepting and processing grant and loan applications from individual homeowners and business owners; (3) established a revolving loan fund to which any grant amounts received under this Act shall be deposited; and (4) submitted a detailed plan for how terms and conditions for authorized loans and grants will be set. Directs the Administrator to allocate grant amounts to eligible states according to a formula based on specified factors, including the nature and extent of potential hazards to property in the state, the number of properties at risk in the event that a hazard or natural disaster should occur, the amount of prior property damage incurred by the state during any previous hazard or natural disaster, and any available data on the future risk of occurrence of any hazard or natural disaster in a state. Sets forth provisions regarding baseline amounts for eligible states and matching requirements. Authorizes each state to make grants or loans to assist individual homeowners and businesses in undertaking pre-disaster property mitigation measures from a revolving loan fund established under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Action in Maternal and Child Health Act of 2014''. SEC. 2. PURPOSE. The purpose of this Act is to provide tools for the United States Government to use to accelerate the reduction of preventable maternal, newborn, and child deaths in 24 United States Agency for International Development (USAID) focus countries by 2020, saving 15,000,000 children and 600,000 mothers. SEC. 3. FINDINGS. Congress makes the following findings: (1) Over the past 2 decades, child mortality has reduced by nearly 50 percent and maternal mortality has reduced by 40 percent, thanks in large part to United States Government action and intervention. (2) In the last 3 years, 24 priority countries--of which 16 are in Africa--have achieved an 8 percent reduction in under-5 mortality, saving 500,000 lives. (3) The report ``Acting on the Call: Ending Preventable Child and Maternal Deaths'' developed by USAID provides a critical foundation of evidence, knowledge, modeling, and policy development on ending maternal, newborn, and child deaths worldwide. (4) To achieve Millennium Development Goal 4--to reduce child mortality by \2/3\ between 1990 and 2015--on time, the global annual rate of reduction in under-5 mortality would need to rise to 15.6 percent from 2012 through 2015, much faster than the 3.9 percent achieved from 2005 through 2012. (5) According to the World Health Organization (WHO), every year 6,600,000 children under the age of 5--primarily infants-- die from preventable or treatable causes, and more than 800 women die every day from complications during pregnancy and childbirth. (6) The vast majority of these deaths occur in the developing world and countries in Africa have the highest burden. (7) The highest rates of child mortality are still in sub- Saharan Africa, with an under-5 mortality rate of 98 deaths per 1,000 live births--more than 15 times the average for developed regions. (8) Investing in women and children reduces poverty, stimulates economic growth, and most importantly, saves lives. (9) Health products, such as vaccines and treatments, have contributed significantly to recent successes in child and maternal survival globally. New approaches and technologies are critically needed to accelerate progress toward ending preventable maternal and child deaths. (10) The WHO identifies the following leading causes of maternal, newborn, and child mortality: (A) Leading causes of maternal mortality in low- income countries include post-partum bleeding, infection, and hypertension. (B) Newborn deaths account for approximately 44 percent of deaths among children under age 5 and are predominantly caused by infections, premature birth, and asphyxia. (C) Most deaths of children under the age of 5 are a result of preventable causes, such as respiratory infections (commonly from pneumonia), diarrhea, and malaria. (D) Malnutrition is the underlying contributing factor in about 45 percent of all child deaths, making children more vulnerable to severe diseases. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with host governments, international financial institutions, nongovernmental organizations, faith-based organizations, and the private sector, to establish a comprehensive, coordinated, integrated strategy to combat the leading causes of maternal, newborn, and child mortality globally by-- (1) building on progress and success to date; (2) scaling up the most effective evidence-based interventions with a focus on country ownership; (3) focusing on USAID's 24 priority countries; (4) streamlining existing resources and scaling up increased targeted resources; (5) increasing transparency and accountability; and (6) creating innovative new public-private financing mechanisms. SEC. 5. STRATEGY. (a) In General.--The President shall establish a strategy to accelerate action in each of the 24 priority countries set forth in section 7, building on the evidence outlined in USAID's ``Acting on the Call: Ending Preventable Child and Maternal Deaths''. The strategy will use the current modeling and data that outlines the most proven effective interventions. The strategy shall further strengthen the capability of the United States to be an effective leader in maternal, newborn, and child health, particularly in Africa, and will be a first step toward a broader, concerted effort to end maternal, newborn, and child deaths worldwide. (b) Elements.--The strategy established under subsection (a) shall-- (1) include specific objectives, multisectoral approaches, and specific strategies to address the leading causes of death among mothers during pregnancy, childbirth, and post-delivery; newborns in their first 28 days; and children under the age of 5; (2) clarify the responsibilities of the country, the implementing organization, and the United States in the achievement of such objectives; (3) include regular benchmarks to measure, where appropriate, progress toward achieving such objectives; (4) utilize data and modeling to implement the most effective interventions for saving 15,000,000 children and 600,000 mothers; (5) illustrate the result of coordination among relevant executive branch agencies, foreign governments, and international organizations; (6) provide projected levels of resources needed to achieve the stated objectives; (7) expand public-private partnerships for research and innovation and for leveraging resources in new and innovative ways; and (8) use open, fair, and competitive procedures wherever appropriate and possible in the administration, execution, and evaluation of the program. (c) Targeted Services.--The strategy established under subsection (a) should focus on the following evidence-based categories of intervention: (1) Safe motherhood and newborn survival, including-- (A) prenatal and postnatal care for mothers and newborns; (B) quality care during labor and delivery, including in emergencies; and (C) education on healthy timing and spacing of pregnancies. (2) Healthy households and schools, including Water, Sanitation, and Hygiene (WASH). (3) Nutrition, including-- (A) maternal and child nutrition during the first 1,000 days; and (B) prevention of maternal malnutrition. (4) Healthy childhood, including-- (A) vaccines for the leading causes of maternal, newborn, and child deaths; (B) prevention and treatment for pneumonia and diarrhea; (C) prevention of mother-to-child transmission of HIV (PMTCT); (D) prevention and treatment of malaria; and (E) capacity-building of health professionals. SEC. 6. ESTABLISHMENT OF AN INNOVATIVE PUBLIC-PRIVATE FINANCING MECHANISM. The United States Government shall establish a pilot program for innovative financing mechanisms for delivering maternal, newborn, and child health interventions in the 24 priority countries set forth in section 7 based on the specific recommendations outlined by the convening of high-level global experts at the 2014 United Nations General Assembly. The innovative financing framework will establish a method to mobilize capital for health utilizing tools, including loans and loan guarantees, volume guarantees, development impact bonds, or partner government taxes, levies, fees, and funds. SEC. 7. PRIORITY COUNTRIES. (a) In General.--Based on the global target list developed by USAID, the priority countries for receiving maternal and child health programming under this Act are the following: (1) Afghanistan. (2) Bangladesh. (3) The Democratic Republic of the Congo (DRC). (4) Ethiopia. (5) Ghana. (6) Haiti. (7) India. (8) Indonesia. (9) Kenya. (10) Liberia. (11) Madagascar. (12) Malawi. (13) Mali. (14) Mozambique. (15) Nepal. (16) Nigeria. (17) Pakistan. (18) Rwanda. (19) Senegal. (20) South Sudan. (21) Tanzania. (22) Uganda. (23) Yemen. (24) Zambia. (b) Eligibility Criteria.--The United States Government should give preference to applying mechanisms under this Act to the countries listed under subsection (a) that have reached or made progress towards 2001 Abuja Declaration commitments involving pledges to increase government funding for health to at least 15 percent within the next 5 years. A candidate country should be also considered to be an eligible country by demonstrating a commitment to-- (1) peaceful and democratic governance; (2) civil society engagement; (3) economic freedom; and (4) investments in the people of such country, particularly in maternal, newborn, and child health. SEC. 8. PROGRESS REPORT. Beginning 2 years after the date of the enactment of this Act, the President shall provide an annual progress report to Congress on activities under this Act, including-- (1) data on mechanisms implemented under this Act, including a description of how they are designed, managed, and monitored and evaluated; (2) how many mechanisms are implemented and where; and (3) the results of implementation of such mechanisms, and recommendations for improving these mechanisms to ensure future growth and success. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019, to remain available until expended.
Accelerating Action in Maternal and Child Health Act of 2014 - Directs the President to establish a strategy to: accelerate action in each of the priority countries listed in this Act to combat the leading causes of maternal, newborn, and child mortality; and strengthen the capability of the United States to be an effective leader in maternal, newborn, and child health, particularly in Africa, and in a broader effort to end maternal, newborn, and child deaths worldwide. Requires the United States to establish a pilot program for innovative financing mechanisms to deliver maternal, newborn, and child health interventions in such countries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Score Competition Act of 2015''. SEC. 2. CREDIT SCORE VALIDATION; VALIDATION PROCESS. (a) Use of Credit Scores by Fannie Mae in Purchasing Residential Mortgages.--Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(7)(A) Use of Credit Scores.--The corporation may condition its purchase of a residential mortgage under this section on the provision of a credit score for the borrower only if-- ``(i) the credit score is derived from any credit scoring model that has been validated and approved by the corporation under this paragraph; ``(ii) the corporation has established and made publicly available a description of the process the corporation will use to validate and approve credit scoring models, which process shall comply with any standards and criteria established by the Director of the Federal Housing Finance Agency pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; and ``(iii) the corporation provides for the use of such credit score by all of its automated underwriting systems and any other procedures and systems used to purchase residential mortgages. ``(B) Validation and Approval Process.--The process described in subparagraph (A)(ii) shall include an evaluation of-- ``(i) the criteria used to validate and approve a credit scoring model, including measures of the integrity, reliability, and accuracy of such model, and an assurance that such model is consistent with the safe and sound operation of the corporation; and ``(ii) the data necessary for the validation of the credit scoring model. ``(C) Application.--If the corporation elects to use a credit score under this paragraph, the corporation shall solicit applications from developers of credit scoring models for the validation and approval of such models under the process described in subparagraph (A)(ii). ``(D) Timeframe for Determination; Notice.-- ``(i) In general.--The corporation shall establish a date before which the corporation shall make a determination with respect to any application submitted under subparagraph (C) and provide notice of such determination to the applicant. Such date shall not be later than 180 days after the date on which an application is submitted to the corporation. ``(ii) Extensions.--The Director of the Federal Housing Finance Agency may authorize up to 2 extensions of the date established under clause (i), each of which shall not exceed 30 days, upon the written request and a showing of good cause by the corporation. ``(iii) Status notice.--The corporation shall provide notice to an applicant regarding the status of an application submitted under subparagraph (C) not later than 60 days after the date on which the application was submitted to the corporation. ``(iv) Reasons for disapproval.--If an application is disapproved, the corporation shall provide to the applicant the reasons for the disapproval not later than 30 days after a determination is made under this subparagraph. ``(E) Authority of Director.--If the corporation elects to use a credit score under this paragraph, the Director of the Federal Housing Finance Agency shall require the corporation to routinely update the validation and approval process described in subparagraph (A)(ii) as the Director, in the Director's discretion, deems to be necessary to ensure such process remains appropriate and adequate and complies with any standards and criteria established pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. ``(F) Credit Score Defined.--In this paragraph, the term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default.''. (b) Use of Credit Scores by Freddie Mac in Purchasing Residential Mortgages.--Section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454) is amended by adding at the end the following new subsection: ``(d)(1) Use of Credit Scores.--The Corporation may condition its purchase of a residential mortgage under this section on the provision of a credit score for the borrower only if-- ``(A) the credit score is derived from any credit scoring model that has been validated and approved by the Corporation under this subsection; ``(B) the Corporation has established and made publicly available a description of the process the corporation will use to validate and approve credit scoring models that, which process shall comply with any standards and criteria established by the Director of the Federal Housing Finance Agency pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992; and ``(C) the Corporation provides for use of such credit score by all of its automated underwriting systems and any other procedures and systems used to purchase residential mortgages. ``(2) Validation and Approval Process.--The process described in paragraph (1)(B) shall include an evaluation of-- ``(A) the criteria used to validate and approve a credit scoring model, including measures of the integrity, reliability, and accuracy of such model and an assurance that such model is consistent with the safe and sound operation of the Corporation; and ``(B) the data necessary for the validation of the credit scoring model. ``(3) Application.--If the Corporation elects to use a credit score under this subsection, the Corporation shall solicit applications from developers of credit scoring models for the validation and approval of such models under the process described in paragraph (1)(B). ``(4) Timeframe for Determination; Notice.-- ``(A) In general.--The Corporation shall establish a date before which the Corporation shall make a determination with respect to any application submitted under paragraph (3) and provide notice of such determination to the applicant. Such date shall not be later than 180 days after the date on which an application is submitted to the Corporation. ``(B) Extensions.--The Director of the Federal Housing Finance Agency may authorize up to 2 extensions of the date established under subparagraph (A), each of which shall not exceed 30 days, upon the written request and a showing of good cause by the Corporation. ``(C) Status notice.--The Corporation shall provide notice to an applicant regarding the status of an application submitted under paragraph (3) not later than 60 days after the date on which the application was submitted to the corporation. ``(D) Reasons for disapproval.--If an application is disapproved, the corporation shall provide to the applicant the reasons for the disapproval not later than 30 days after a determination is made under this paragraph. ``(5) Authority of Director.--If the Corporation elects to use a credit score under this subsection, the Director of the Federal Housing Finance Agency shall require the Corporation to routinely update the validation and approval process described in paragraph (1)(B) as the Director, in the Director's discretion, deems to be necessary to ensure such process remains appropriate and adequate and complies with any standards and criteria established pursuant to section 1328 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. ``(6) Credit Score Defined.--In this subsection, the term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default.''. SEC. 3. AUTHORITY OF DIRECTOR OF THE FEDERAL HOUSING FINANCE AGENCY. Subpart A of part 2 of subtitle A of the (12 U.S.C. 4541 et seq.) is amended by adding at the end the following new section: ``SEC. 1328. REGULATIONS FOR USE OF CREDIT SCORES. ``The Director may, by regulation, establish standards and criteria for any process used by an enterprise to validate and approve credit scoring models pursuant to section 302(b)(7) of the Federal National Mortgage Association Charter Act and section 305(d) of the Federal Home Loan Mortgage Corporation Act.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
Credit Score Competition Act of 2015 This bill amends the Federal National Mortgage Association Charter Act to authorize the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises, or GSEs) to use credit scores in purchasing residential mortgages only under certain conditions, including that the GSE has established and made publicly available a description of the process it will use to validate and approve credit scoring models. The Director of the Federal Housing Finance Agency may, by regulation, establish standards and criteria for any process used by a GSE to validate and approve credit scoring models pursuant to the Acts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Sugar Act of 2011''. SEC. 2. SUGAR PROGRAM. Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed. SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS. (a) In General.--Notwithstanding any other provision of law-- (1) a processor of any of the 2012 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2012 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (b) Termination of Marketing Quotas and Allotments.-- (1) In general.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (c) General Powers.-- (1) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph-- (A) in paragraph (1), by inserting ``(other than sugar beets and sugarcane)'' after ``commodities''; and (B) in paragraph (3), by inserting ``(other than sugar beets and sugarcane)'' after ``commodity''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``, sugar beets, and sugarcane'' after ``tobacco''. (3) Price support for nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (4) Commodity credit corporation storage payments.--Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed. (5) Suspension and repeal of permanent price support authority.--Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended-- (A) by striking subparagraph (E); and (B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively. (6) Storage facility loans.--Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed. (7) Feedstock flexibility program for bioenergy producers.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (d) Transition Provisions.--This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section. SEC. 4. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF RATE. (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.11 through 1701.11.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.11, as in effect on the day before the date of the enactment of this section: `` 1701.11.00 Cane sugar......... Free ................... 39.85 cents/kg ''. (b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.12 through 1701.12.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12, as in effect on the day before the date of the enactment of this section: `` 1701.12.00 Beet sugar......... Free ................... 42.05 cents/kg '' . (c) Elimination of Tariff on Certain Refined Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking the superior text immediately preceding subheading 1701.91.05 and by striking subheadings 1701.91.05 through 1701.91.30 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12.05, as in effect on the day before the date of the enactment of this section: `` 1701.91.02 Containing added Free ................... 42.05 cents/kg '' coloring but not ; containing added flavoring matter.. (2) by striking subheadings 1701.99 through 1701.99.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.99, as in effect on the day before the date of the enactment of this section: `` 1701.99.00 Other.............. Free ................... 42.05 cents/kg '' ; (3) by striking the superior text immediately preceding subheading 1702.90.05 and by striking subheadings 1702.90.05 through 1702.90.20 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1702.60.22: `` 1702.90.02 Containing soluble Free 42.05 cents/kg '' non-sugar solids ; (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids............ and (4) by striking the superior text immediately preceding subheading 2106.90.42 and by striking subheadings 2106.90.42 through 2106.90.46 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 2106.90.39: `` 2106.90.40 Syrups derived from Free 42.50 cents/kg '' cane or beet . sugar, containing added coloring but not added flavoring matter.. (d) Conforming Amendment.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking additional U.S. note 5. (e) Administration of Tariff-Rate Quotas.--Section 404(d)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3601(d)(1)) is amended-- (1) by inserting ``or'' at the end of subparagraph (B); (2) by striking ``; or'' at the end of subparagraph (C) and inserting a period; and (3) by striking subparagraph (D). (f) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 5. APPLICATION. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.
Free Sugar Act of 2011 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal the sugar loan program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Flexibility for School Meals Act''. SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCH AND SCHOOL BREAKFAST PROGRAMS. (a) Amendments to National School Lunch Act.--The Richard B. Russell National School Lunch Act (42 U.S.C. 1751) is amended-- (1) in section 4(b)(1)(A) (42 U.S.C. 1753(b)(1)(A)), by striking ``(consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act)''; (2) in section 9 (42 U.S.C. 1758)-- (A) in the heading, by striking ``and other program requirements'' and inserting ``guidelines''; (B) in subsection (a)(1)-- (i) in subparagraph (A)-- (I) by striking ``shall meet'' and inserting ``may meet''; (II) by striking ``minimum nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''; and (III) by striking ``, except that the minimum nutritional requirements'' and inserting ``which''; and (ii) in subparagraph (B)-- (I) by striking ``complying with the nutritional requirements'' and inserting ``meeting nutrition guidelines''; (II) by striking ``minimum nutritional requirements'' and inserting ``nutrition guidelines''; and (III) by striking ``maintaining compliance with the requirements'' and inserting ``meeting nutrition guidelines''; and (C) in subsection (f)-- (i) in the heading, by striking ``Nutritional Requirements'' and inserting ``Nutrition Guidelines''; (ii) by striking ``requirements of this subsection'' each place it appears and inserting ``guidelines under this subsection''; and (iii) in paragraph (1), by striking ``shall serve'' and inserting ``may serve''; (3) in section 11(a)(1)(A) (42 U.S.C. 1759a(a)(1)(A)), by striking ``(consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act)''; (4) in section 13(f) (7 U.S.C. 1761(f))-- (A) in paragraph (1), by striking ``shall serve meals consisting of a combination of foods and meeting minimum nutritional standards prescribed by the Secretary'' and inserting ``may serve meals consisting of a combination of foods that meet nutrition guidelines issued by the Secretary''; and (B) in paragraph (2), by striking ``complying with the nutritional requirements prescribed by the Secretary pursuant to this subsection'' and inserting ``meeting nutrition guidelines''; (5) in section 14(f) (42 U.S.C. 1762a(f)) by striking ``meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act, and''; (6) in section 17 (42 U.S.C. 1766)-- (A) in subsection (g)-- (i) in paragraph (2)-- (I) in the heading, by striking ``Requirements'' and inserting ``Guidelines''; and (II) in subparagraph (A)-- (aa) by striking ``shall'' and inserting ``may''; and (bb) by striking ``minimum nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''; (ii) in paragraph (2)(B)-- (I) in clause (i), by striking ``update requirements'' and inserting ``update guidelines''; and (II) in clause (ii), by striking ``updated requirements'' and inserting ``updated guidelines''; and (iii) by amending paragraph (2)(C) to read as follows: ``(C) Rule of construction.--The nutrition guidelines issued under subparagraph (A) shall not be construed as-- ``(i) prohibiting institutions, family or group day care homes, and sponsored centers from substituting foods to accommodate the medical or other special dietary needs of individual participants; or ``(ii) requiring an institution, family or group day care home, sponsored center, or emergency shelter from complying with such guidelines.''; (B) in subsection (o)(3)(A), by striking ``nutritional requirements'' and inserting ``nutrition guidelines''; and (C) in subsection (u)(3), by striking ``nutritional requirements'' both places it appears and inserting ``nutrition guidelines''; and (7) in section 22 (42 U.S.C. 1769c), by striking ``nutritional requirements'' each place it appears and inserting ``nutrition guidelines''. (b) Amendments to Child Nutrition Act.--Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1758) is amended-- (1) in subsection (b)(1), by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (2) in subsection (e)-- (A) in the heading, by striking ``Nutritional and Other Program Requirements'' and inserting ``Nutrition Guidelines''; (B) in paragraph (1)(A)-- (i) by striking ``shall meet minimum nutritional requirements prescribed'' and inserting ``may meet nutrition guidelines issued''; and (ii) by striking ``, except that the minimum nutritional requirements shall be measured by not less than the weekly average of the nutrient content of school breakfasts''; and (C) in paragraph (1)(B), by striking ``nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''.
Permanent Flexibility for School Meals Act This bill amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to eliminate the minimum nutritional requirements for Department of Agriculture school meal programs by changing the requirements to voluntary guidelines.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Improvement Act of 2000''. SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. (a) Requiring Reporting of All Contributions of $200 or More Within 10 Days of Receipt.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Each political committee which receives a contribution of $200 or more shall notify the Commission of the contribution not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this subsection shall be in addition to all other reports required under this Act.''. (b) Expanding Types of Contributions to Principal Campaign Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended-- (1) by striking ``$1,000'' and inserting ``$200''; and (2) by striking ``20th day'' and inserting ``90th day''. SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) The total amount of contributions accepted with respect to an election by a candidate for the office of Senator or the office of Representative in, or Delegate or Resident Commissioner to, the Congress from in-State individual residents shall be at least 50 percent of the total amount of contributions accepted from all sources. ``(2) If a candidate in an election makes expenditures of personal funds (including contributions by the candidate or the candidate's spouse to the candidate's authorized campaign committee) in an amount in excess of $250,000, paragraph (1) shall not apply with respect to any opponent of the candidate in the election. ``(3) In determining the amount of contributions accepted by a candidate for purposes of paragraph (1), the amounts of any contributions made by a political committee of a political party shall be allocated as follows: ``(A) 50 percent of such amounts shall be deemed to be contributions from in-State individual residents. ``(B) 50 percent of such amounts shall be deemed to be contributions from persons other than in-State individual residents. ``(4) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election involved is held.''. (b) Reporting Requirements.--Section 304 of such Act (2 U.S.C. 434), as amended by section 2(a), is further amended by adding at the end the following new subsection: ``(e)(1) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall include the following information in the first report filed under subsection (a)(2) which covers the period which begins 19 days before an election and ends 20 days after the election: ``(A) The total contributions received by the committee with respect to the election involved from in-State individual residents (as defined in section 315(i)(4)), as of the last day of the period covered by the report. ``(B) The total contributions received by the committee with respect to the election involved from all persons, as of the last day of the period covered by the report. ``(2)(A) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall submit a notification to the Commission of the first expenditure of personal funds (including contributions by the candidate or the candidate's spouse to the committee) by which the aggregate amount of personal funds expended (or contributed) with respect to the election exceeds $250,000. ``(B) Each notification under subparagraph (A)-- ``(I) shall be submitted not later than 24 hours after the expenditure or contribution which is the subject of the notification is made; and ``(II) shall include the name of the candidate, the office sought by the candidate, and the date of the expenditure or contribution and amount of the expenditure or contribution involved.''. (c) Penalty for Violation of Limits.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by adding at the end the following new paragraph: ``(4)(A) Any candidate who knowingly and willfully accepts contributions in excess of any limitation provided under section 315(i) shall be fined an amount equal to the greater of 200 percent of the amount accepted in excess of the applicable limitation or (if applicable) the amount provided in paragraph (1)(A). ``(B) Interest shall be assessed against any portion of a fine imposed under subparagraph (A) which remains unpaid after the expiration of the 30-day period which begins on the date the fine is imposed.''. SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by striking ``exceed $100'' and inserting ``exceed $20''. SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of the limitations imposed by this section, any contribution made by a dependent minor shall be treated as follows: ``(i) If the dependent minor is the dependent of one other individual, the contribution shall be treated as a contribution made by such other individual. ``(ii) If the dependent minor is the dependent of another individual and such other individual's spouse, the contribution shall be allocated among such individuals in such manner as such other individuals may determine. ``(B) In this paragraph, the term `dependent minor' means an individual who-- ``(i) is a dependent of another individual; and ``(ii) has not, as of the time of making the contribution involved, attained the legal age for voting in elections for Federal office in the State in which such individual resides.''. SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS IN CONNECTION WITH FEDERAL ELECTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by sections 2(a) and 3(b), is further amended by adding at the end the following new subsection: ``(f) If a political committee of a State political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 3(a), is amended by adding at the end the following new subsection: ``(j)(1) Except as provided in paragraph (2), the authorized committee of a candidate for election for Federal office may not accept any contribution from an authorized committee of another candidate for election for Federal office. ``(2) Paragraph (1) does not apply to the transfer of funds between an authorized committee of a candidate for election for Federal office and an authorized committee of the same candidate for election for another Federal office.''. SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC FILING. Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out the electronic filing of designations, statements, and reports under this Act.''. SEC. 12. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections and transactions occurring after December 31, 2000.
Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Amends FECA to: (1) prohibit an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office; and (2) require the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.
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SECTION 1. REPORT ON TIMELINESS IN THE PROCESSING OF APPLICATIONS FOR NATURALIZATION. (a) In General.--Not later than January 31, 1995, the Commissioner of Immigration and Naturalization shall submit to the Congress a report on timeliness in the processing of applications for naturalization. The report shall include-- (1) information, described in subsection (b), concerning timeliness in the processing of applications for naturalization; (2) analyses, described in subsection (c), of the reasons for any excessive delays in processing applications and of the resources needed to eliminate such delays; and (3) a plan, described in subsection (d), to eliminate such excessive delays. (b) Information in Report.-- (1) Excessive delay.--The report required by subsection (a) shall include a statement of-- (A) the number of applications for naturalization that were not approved or disapproved within 120 days of the date on which the Immigration and Naturalization Service received them; and (B) the number of individuals who were not sworn in as citizens within 45 days of the date of the approval of their applications for naturalization. (2) Additional information.--The report required by subsection (a) also shall include the following: (A) Time taken to process.--A statement of the average length of time that elapsed-- (i) from the date that an application for naturalization was received by the INS to the date that the application was filed; (ii) from the date that an application for naturalization was filed to the date that the applicant completed the interview used to fulfill requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); (iii) from the date that the applicant completed the interview to the date that the application was approved; and (iv) from the date that an application for naturalization was approved to the date that the applicant was sworn in as a citizen. (B) Number of applications in system.--A statement, for January 1, April 1, July 1, and October 1 of each relevant year, of the number of applicants-- (i) whose applications for naturalization were received by the INS but not yet filed; (ii) whose applications for naturalization were filed, but who had not yet completed the interview used to fulfill requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); (iii) who had completed the interview but whose applications for naturalization had not yet been approved or disapproved; and (iv) whose applications had been approved, but who had not yet been sworn-in. (C) Number of applications received.--A statement of-- (i) the number of applications for naturalization that were received by the INS; and (ii) the number of applications for naturalization that the INS expects to receive in each of the calendar years 1994, 1995, 1996, 1997, and 1998, and an explanation of how the expected numbers of applications were calculated. (D) Adequacy of fees.--A statement of-- (i) the amount of money the INS collects by imposing fees for the processing of applications for naturalization; (ii) what expenses are paid with the money from such fees; and (iii) the cost of processing applications for naturalization. (3) Breakdown of information by office and year.--The information required by this subsection shall be reported-- (A) by office, for each regional and district office of the INS that is located in the United States; and (B) by year, for applications received by the INS in the calendar years 1991, 1992, and 1993, except for the information required by paragraph (2)(C)(ii). (c) Analyses in Report.-- (1) Reasons for delay.--The report required by subsection (a) shall include a statement of the reasons for the excessive delay reported under subsection (b)(1). (2) Resources needed.--The report required by subsection (a) also shall include a detailed list of the budgetary, staff, and other resources-- (A) that are used to process applications for naturalization; and (B) that would be adequate to process applications for naturalization in a timely manner. (3) Breakdown of analyses.--The analyses required by paragraphs (1) and (2) shall be reported-- (A) by type of excessive delay, according to the categories described in subsection (e)(1); and (B) by office and year, according to the categories described in subsection (b)(3). (d) Plan To Improve Timeliness.-- (1) In general.--The report required by subsection (a) shall include a plan specifying how the INS will process applications for naturalization in a timely manner, including-- (A) how the INS will process applications for naturalization that are received by the INS after April 30, 1995, in a timely manner, taking into account the expected future increase in the number of applications for naturalization; and (B) how the INS will process applications that are received by the INS on or before April 30, 1995, in order to eliminate, by April 30, 1996, the backlog composed of individuals who are experiencing excessive delay. (2) Specifics.--The plan required by paragraph (1) shall include-- (A) suggested methods to utilize existing INS staff more effectively; (B) an evaluation of the possibility of using computer technology to improve the processing of applications for naturalization; and (C) proposals for any statutory change or other congressional action that the Commissioner of Immigration and Naturalization believes is necessary to process applications for naturalization in a timely manner. (e) Definitions.--For purposes of this section: (1) The term ``excessive delay'' means the following types of delay: (A) A delay of more than 120 days between the date that an application for naturalization is received by the INS and the date that the application is approved or disapproved. (B) A delay of more than 45 days between the date that an application for naturalization is approved and the date that the applicant is sworn in as a citizen. (2) The term ``filed'' means entered into a computer system used by the INS. (3) The term ``INS'' means the Immigration and Naturalization Service. (4) The term ``timely manner'' means without excessive delay.
Directs the Commissioner of Immigration and Naturalization to report on the timeliness of processing naturalization applications.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Extension Act of 2012''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 31, 2012'' and inserting ``February 17, 2012''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such Code is amended by striking ``January 31, 2012'' and inserting ``February 17, 2012''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``January 31, 2012'' and inserting ``February 17, 2012''. (c) Effective Date.--The amendments made by this section shall take effect on February 1, 2012. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``February 1, 2012'' and inserting ``February 18, 2012''; and (2) by inserting ``or the Airport and Airway Extension Act of 2012'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``February 1, 2012'' and inserting ``February 18, 2012''. (c) Effective Date.--The amendments made by this section shall take effect on February 1, 2012. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103(9) of title 49, United States Code, is amended to read as follows: ``(9) $1,344,535,519 for the period beginning on October 1, 2011, and ending on February 17, 2012.''. (2) Obligation of amounts.--Subject to limitations specified in advance in appropriation Acts, sums made available for a portion of fiscal year 2012 pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2012, and shall remain available until expended. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``January 31, 2012,'' and inserting ``February 17, 2012,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``February 1, 2012.'' and inserting ``February 18, 2012.''. (b) Section 41743(e)(2) of such title is amended by striking ``and $2,016,393 for the portion of fiscal year 2012 ending before February 1, 2012,'' and inserting ``and $2,295,082 for the portion of fiscal year 2012 ending before February 18, 2012,''. (c) Section 44302(f)(1) of such title is amended-- (1) by striking ``January 31, 2012,'' and inserting ``February 17, 2012,''; and (2) by striking ``April 30, 2012,'' and inserting ``May 17, 2012,''. (d) Section 44303(b) of such title is amended by striking ``April 30, 2012,'' and inserting ``May 17, 2012,''. (e) Section 47107(s)(3) of such title is amended by striking ``February 1, 2012.'' and inserting ``February 18, 2012.''. (f) Section 47115(j) of such title is amended by striking ``February 1, 2012,'' and inserting ``February 18, 2012,''. (g) Section 47141(f) of such title is amended by striking ``January 31, 2012.'' and inserting ``February 17, 2012.''. (h) Section 49108 of such title is amended by striking ``January 31, 2012,'' and inserting ``February 17, 2012,''. (i) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``February 1, 2012,'' and inserting ``February 18, 2012,''. (j) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ``February 1, 2012,'' and inserting ``February 18, 2012,''. (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by striking ``January 31, 2012.'' and inserting ``February 17, 2012.''. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1)(H) of title 49, United States Code, is amended to read as follows: ``(H) $3,692,555,464 for the period beginning on October 1, 2011, and ending on February 17, 2012.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a)(8) of title 49, United States Code, is amended to read as follows: ``(8) $1,044,541,913 for the period beginning on October 1, 2011, and ending on February 17, 2012.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a)(16) of title 49, United States Code, is amended to read as follows: ``(16) $64,092,459 for the period beginning on October 1, 2011, and ending on February 17, 2012.''. SEC. 9. ESSENTIAL AIR SERVICE. Section 41742(a)(2) of title 49, United States Code, is amended by striking ``and $50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012,'' and inserting ``and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Airport and Airway Extension Act of 2012 - (Sec. 2) Amends the Internal Revenue Code to extend through February 17, 2012, increased excise taxes on aviation fuels, the excise tax on air transportation of persons and property, and the expenditure authority for the Airport and Airway Trust Fund. (Sec. 4) Extends through February 17, 2012: (1) the authorization of appropriations for airport planning and development and noise compatibility planning projects (known as airport improvement projects [AIPs]), and (2) the authority of the Secretary of Transportation (DOT) to make new AIP grants. (Sec. 5) Extends through February 17, 2012: (1) the pilot program for passenger facility fee authorizations at non-hub airports, and (2) disclosure requirements for large and medium hub airports applying for AIP grants. Authorizes appropriations to the Secretary through February 17, 2012, to make agreements to provide small community air service assistance to underserved airports. Directs the Secretary to extend through February 17, 2012, the termination date of insurance coverage for domestic or foreign-flag aircraft. Grants the Secretary discretionary authority to further extend such coverage through May 17, 2012. Extends through May 17, 2012, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism. Extends through February 17, 2012: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility AIPs; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development grant or for permission to impose a passenger facility fee. Amends the Vision 100-Century of Aviation Reauthorization Act to extend through February 17, 2012: (1) the temporary increase to 95% of the federal government's share of certain AIP costs, (2) funding for airport development at Midway Island Airport, and (3) the effective period of final orders of the Secretary regarding the eligibility of small communities for essential air service subsidies. (Sec. 6) Authorizes appropriations to the Federal Aviation Administration (FAA) for the period from October 1, 2011, through February 17, 2012, for: (1) FAA operations; (2) air navigation facilities and equipment; and (3) civil aviation research, engineering, and development. (Sec. 9) Authorizes appropriations out of the Airport and Airway Trust Fund for the period from October 1, 2011, through February 17, 2012, for the essential air service (EAS) program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial UAS Modernization Act''. SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95) is amended by adding at the end the following: ``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. ``(a) In General.--A person may operate a small unmanned aircraft for commercial purposes without an airworthiness certificate within the United States, subject to the requirements under subsection (b) and the operating restrictions under subsection (c) during the period beginning on the date of the enactment of this Act and ending on the effective date of a final rule based on the Notice of Proposed Rulemaking Operation and Certification of Small Unmanned Aircraft Systems (80 Fed. Reg. 9544, February 23, 2015). ``(b) General Requirements.-- ``(1) Liability insurance.--A small unmanned aircraft may not be operated for commercial purposes during the period set forth in subsection (a) unless the Administrator receives an attestation that the owner of such aircraft has a liability insurance policy covering the operation of such aircraft. ``(2) Registration.--A small unmanned aircraft may not be operated for commercial purposes unless the owner has registered the aircraft under section 3(a) of the Commercial UAS Modernization Act. ``(3) Testing requirements.-- ``(A) Exam development.--Not later than 30 days after the date of the enactment of the Commercial UAS Modernization Act, the Administrator of the Federal Aviation Administration shall develop an initial aeronautical knowledge test that meets the requirements set forth in the notice referred to in subsection (a). ``(B) Requirements.--An individual may not operate a small unmanned aircraft for commercial purposes unless he or she-- ``(i) has received a passing grade on the test developed under subparagraph (A); ``(ii) passed a proficiency test administered by a test site selected pursuant to section 332(c); and ``(iii) has demonstrated the ability to fly the aircraft in accordance with the operating restrictions set forth in subsection (c). ``(4) Certification.--A small unmanned aircraft may not be operated for commercial purposes until the operator of a test site selected pursuant to section 332(c), in collaboration with a designated airworthiness representative, certifies that the small unmanned aircraft-- ``(A) meets the requirements for small unmanned aircraft set forth in the notice referred to in subsection (a); and ``(B) is capable of operating within the limits described in subsection (c). ``(c) Operating Restrictions.--During the period set forth in subsection (a), small unmanned aircraft operated for commercial purposes-- ``(1) may only be operated under visual line of sight rules; ``(2) may not be operated higher than 500 feet above ground level; ``(3) may not be operated, unless the operator has prior authorization from the air traffic control facility having jurisdiction over that airspace-- ``(A) in Class B, Class C, or Class D airspace; or ``(B) within the lateral boundaries of the surface area of Class E airspace designated for an airport; ``(4) shall comply with model aircraft operating standards set forth in Advisory Circular 91-57, which was issued by the Federal Aviation Administration on June 9, 1981, or the current revision of such standards; ``(5) may only be operated in daylight conditions; ``(6) shall yield right of way to all other users of the National Airspace System; ``(7) may not be operated by any individual with any physical or mental condition that the individual knows, or has reason to know, would interfere with the safe operation of the aircraft; and ``(8) may only be operated after a preflight inspection (as described in the notice referred to in subsection (a)). ``(d) Enforcement.--The Secretary of Transportation, or designee, may bring a civil action against a person in a district court of the United States to enforce this section or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this section. The action may be brought in the judicial district in which the person does business or the violation occurred. ``(e) Accident Reporting.--The owner or operator of a small unmanned aircraft that is involved in any accident causing personal injury or property damage, other than to the small unmanned aircraft, shall report such accident to the Federal Aviation Administration not later than 2 days after such accident.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of small unmanned aircraft for commercial purposes.''. SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a), is further amended by adding at the end the following: ``SEC. 338. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. ``(a) Appointment.--The Administrator of the Federal Aviation Administration (referred to in this section as the `Administrator') shall appoint a Deputy Associate Administrator for Unmanned Aircraft (referred to in this section as the `Deputy Associate Administrator'), who shall report to the Administrator and to the Secretary of Transportation. ``(b) Registration.-- ``(1) Procedures.--Not later than 30 days after the date of the enactment of the Commercial UAS Modernization Act, the Deputy Associate Administrator, in consultation with the Administrator, shall develop procedures for registering small unmanned aircraft. ``(2) Fees.--The Deputy Associate Administrator is authorized to collect reasonable fees, in an amount to be determined by the Deputy Associate Administrator, from the owner or operator of the small unmanned aircraft as part of the registration process. ``(c) Principal Duties.--The Deputy Associate Administrator shall-- ``(1) create an achievable comprehensive research and development plan for the safe integration of unmanned aircraft into the National Airspace System, which-- ``(A) takes into account work being done at other Federal agencies, in conjunction with their industry collaborators; ``(B) is based on an initial audit of current unmanned aircraft activity across the Federal Government in order to identify gaps and overlaps; and ``(C) allows for programmatic exemptions based on previous analysis. ``(d) Other Issues.--The Deputy Associate Administrator, in consultation with the Administrator, shall develop strategies for resolving-- ``(1) unmanned aircraft spectrum issues; ``(2) barriers to unmanned aircraft operating beyond line of sight; ``(3) barriers to allowing payload carriage; and ``(4) barriers to utilizing automated unmanned aircraft systems. ``(e) Exemptions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Deputy Associate Administrator, in consultation with the Administrator, shall expedite and expand exemptions from the interim operating restrictions otherwise applicable to unmanned aircraft under section 337. ``(2) Exemptions.--The exemptions authorized under paragraph (1) may include-- ``(A) beyond line of sight operations; ``(B) programmatic exemptions based on previous analysis; ``(C) extended visual line of sight and marginal visual flight rules weather conditions; and ``(D) heavier unmanned vehicles.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 337, as added by section 2(b), the following: ``Sec. 338. Deputy Associate Administrator for Unmanned Aircraft.''. SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION AND ANALYSIS PROGRAM. (a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center (referred to in this section as the ``Center''). (b) Research and Development Priorities.--The Director of the Center shall set priorities for data collection, analysis, and research under the program established under subsection (a), including identifying safety standards for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for beyond- visual-line of sight operations for such aircraft. (c) Use of Test Sites.--The program established under subsection (a) shall utilize the 6 unmanned aircraft system test sites of the Federal Aviation Administration-- (1) to conduct research; (2) to collect data; (3) to develop quarterly milestones to expedite commercial unmanned aircraft system operations; and (4) to work with other Federal agencies, the Center of Excellence for Unmanned Aircraft Systems, Federally funded research and development centers, industry, academia, and others, as appropriate, to implement the plan referred to in paragraph (3). (d) Air Traffic Management Pilot Program.-- (1) Implementation.--The Administrator of the Federal Aviation Administration, acting through the Center, and the Administrator of the National Aeronautics and Space Administration, shall implement an air traffic management pilot program to research and test a new regulatory structure for commercial and other operations of small unmanned aircraft in controlled and uncontrolled airspace below 1,200 feet above ground level. (2) Management testing.--The Center shall partner with a neutral third party to test the management of small unmanned aircraft in the airspace described in paragraph (1). (e) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Center shall submit a report that summarizes the actions taken under subsections (b), (c), and (d) to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.
Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit a person to operate a small commercial unmanned aircraft (drone) without an airworthiness certificate within the United States for the period beginning on enactment of this Act and ending on the effective date of a final rule based on the Notice of Proposed Rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" dated February 23, 2015, subject to the following conditions and restrictions: the Federal Aviation Administration (FAA) must receive proof that the drone owner has liability insurance for the drone; the owner must register the drone; the operator must pass a test developed to assess initial aeronautical knowledge and a proficiency test administered by a drone test site; and the operator must demonstrate the ability to fly the drone in accordance with certain operating restrictions concerning visibility, time of day, air traffic control, airspace, preflight inspection, and operator health. A drone may not be operated until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within the restrictions. The owner or operator of a drone involved in an accident causing personal injury or property damage must report it to the FAA within two days after the accident. The FAA shall: appoint a Deputy Associate Administrator for Unmanned Aircraft, establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center, and implement an air traffic management pilot program to research and test a new regulatory structure for drone operations in airspace below 1,200 feet.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Literacy Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Low health literacy is a problem for half of all American adults, or 100,000,000 individuals. (2) Health literacy problems impact health care cost, quality of care, and health outcomes. (3) Ensuring that individuals have health literacy skills is critical to their ability to function effectively as patients and health care consumers. (4) Health literacy skills are needed to communicate with health care providers, to understand self-care instructions, to understand and complete medical forms, to comply with treatment regimens, and to complete a host of other important health care tasks. (5) Low health literacy costs billions of dollars each year in avoidable health care expenses, the majority of which is borne by the Medicare and Medicaid programs. (6) The elderly and chronically ill are among those most at-risk of low health literacy. Those with the greatest health care needs are the heaviest users of health care and may be least able to respond to their health situation. (7) The Institute of Medicine's landmark report published in 2004, ``Health Literacy: A Prescription to End Confusion'', identifies health literacy as ``critical to successful health care''. (8) Former Surgeon General Carmona concluded that ``health literacy can save lives, save money, and improve the health and well-being of millions of Americans''. SEC. 3. HEALTH LITERACY: STRATEGIC PLANNING, RESEARCH AND COORDINATION. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 904. HEALTH LITERACY: STRATEGIC PLANNING, RESEARCH AND COORDINATION. ``(a) Definitions.--In this section: ``(1) Health literacy.--The term `health literacy' means an individual's ability to obtain, process, and understand basic health information and services needed to make appropriate health care decisions. ``(2) Center.--The term `Center' means the Health Literacy Implementation Center established under subsection (b). ``(b) Health Literacy Implementation Center.-- ``(1) Establishment.--The Director shall establish within the Agency a Health Literacy Implementation Center, to be headed by a Director to be appointed by the Secretary, to enhance efforts to help eliminate the problem of low health literacy by improving measurements, research, development, and information dissemination. ``(2) Duties.--The Center shall-- ``(A) gather health literacy resources from public and private sources and make such resources available to researchers, health care providers, and the general public; ``(B) sponsor demonstration and evaluation projects to establish the feasibility and utility of health literacy interventions and tools in various settings; ``(C) develop the next generation of health literacy interventions and tools, including curricula, measures, and health information decision support, with specific attention placed on elementary and secondary schools, colleges and universities (including community colleges), and adult and vocational education programs and language barriers and cultural differences that contribute to low health literacy rates; ``(D) identify and fill research gaps relating to health literacy that have direct applicability to quality improvement; ``(E) assist appropriate Federal agencies in establishing specific objectives and strategies for carrying out the purpose of the Center and in monitoring the programs of such agencies; ``(F) enter into implementation partnerships with organizations and agencies, including the Centers for Medicare & Medicaid Services, the Joint Commission on the Accreditation of Healthcare Organizations, and the National Committee for Quality Assurance, to promote the adoption of interventions and tools developed under this section; and ``(G) enter into an interagency agreement with the Secretary of Education to facilitate the coordination of Federal health literacy activities within the Department of Health and Human Services and the Department of Education. ``(3) Public meetings.--The Center shall convene at least one annual public meeting to help raise awareness about the problem of health literacy and Federal and State efforts to address the issue. The Center shall invite representatives from the Department of Health and Human Services and the Department of Education, State officials, private sector groups, and other interested parties involved in health literacy activities. ``(4) Report.--The Center shall annually submit to Congress a report that includes-- ``(A) a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments of the Center in the field of health literacy; and ``(B) a description of how plans for the operation of the Center for the succeeding fiscal year will facilitate achievement of the goals of the Center. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2008 through 2012. ``(c) State Health Literacy Resource Centers.-- ``(1) Grants.--The Director of the Center shall award grants to States to provide for the establishment of a network of State or regional health literacy resource centers to facilitate efforts to eliminate low health literacy. ``(2) Eligibility.--To be eligible for a grant under subsection (a), a State shall submit to the Director of the Center an application at such time, in such manner, and containing such information as the Director may require, including a description of how the State will structure and provide services through the resource center established under the grant. ``(3) Use of funds.--A State shall use amounts received under a grant under this section to-- ``(A) support efforts to better understand the nature and scope of low health literacy among the State's population; ``(B) assist public and private efforts in the State in coordinating and delivering health literacy services; ``(C) encourage State and local government and industry partnerships to coordinate efforts to address low health literacy; ``(D) provide technical and policy assistance to State and local governments and service providers; and ``(E) monitor and evaluate programs conducted under this grant. ``(4) Meetings.--A State health literacy resource center shall meet at least once each year to share models of best practices. A summary report with respect to such meeting shall be made available to the public to facilitate the dissemination of effective State-based practices ``(5) Report.--Not later than September 30, or each fiscal year for which a grant is received by a State under this section, the State shall submit to the Director of the Center a report that shall describe the programs supported by the grant and the results of monitoring and evaluation of those programs. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for each of fiscal years 2008 through 2012.''. SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT. (a) Study.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine to conduct a study to identify opportunities within the Department of Health and Human Services to improve the public's health literacy through the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.) and at the Food and Drug Administration. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Institute of Medicine shall submit to the Secretary of Health and Human Services and the appropriate committees of Congress, a report concerning the results of the study conducted under subsection (a).
National Health Literacy Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to establish within the Agency a Health Literacy Implementation Center to enhance efforts to eliminate low health literacy by improving measurements, research, development, and information dissemination. Defines "health literacy" as an individual's ability to obtain, process, and understand basic health information and services needed to make appropriate health care decisions. Directs the Center to: (1) make health literacy resources available to researchers, health care providers, and the public; (2) sponsor demonstration and evaluation projects; (3) develop the next generation of health literacy interventions and tools; (4) identify and fill research gaps relating to health literacy that have direct applicability to quality improvement; (5) assist federal agencies in establishing specific objectives and strategies for carrying out the Center's purpose and in monitoring programs; (6) enter into implementation partnerships to promote adoption of literacy interventions and tools; and (7) enter into an interagency agreement to facilitate coordination of health literacy activities within the Department of Health and Human Services (HHS) and the Department of Education. Requires: (1) the Center to convene at least one annual public meeting to help raise awareness about the problem of health literacy and federal and state efforts to address the issue; (2) the Director of the Center to award grants to states to provide for the establishment of a network of state or regional health literacy resource centers; (3) a state health literacy resource center to meet at least annually to share a model of best practices; and (4) the HHS Secretary to contract with the Institute of Medicine to identify opportunities within HHS to improve the public's health literacy through the Medicare and Medicaid programs and at the Food and Drug Administration (FDA).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 2001''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Business Account Transactions Authorized.-- ``(1) In general.--Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account that is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2), to make not more than 24 transfers per month (or such greater number as the Board may determine, by rule or order), for any purpose, to another account of the owner in the same institution. ``(2) Status as transaction account.--Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of that Act.''. SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank not less frequently than once in each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks, or on behalf of which such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions.''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 290) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2001 through 2005.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to paragraph (1), the Federal reserve banks shall transfer from such surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget, in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board shall determine the amount that each such bank shall pay in any such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish the surplus fund of that bank by the amount of any transfer by that bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''.
Small Business Interest Checking Act of 2001- Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Entrepreneurship and Investment Act of 2012''. SEC. 2. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM; APPLICATION FEE. (a) In General.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended-- (1) by striking ``pilot'' each place it appears; (2) in subsection (b), by striking ``for 15 years''; and (3) by adding at the end the following: ``(e) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fee of $2,500 to apply for designation as a regional center under this section. Fees collected under this subsection shall be deposited in the Treasury in accordance with section 286(w) of the Immigration and Nationality Act (8 U.S.C. 1356(w)).''. (b) Establishment of Account; Use of Fees.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ``(w) Immigrant Entrepreneur Regional Center Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Immigrant Entrepreneur Regional Center Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) and any fees collected in connection with forms I-526 or I-829. ``(2) Use of fees.--Fees collected under this section may only be used by the Secretary of Homeland Security to administer and operate the employment creation program described in section 203(b)(5).''. (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations to implement the amendments made by this section. (d) Effective Date.--The amendments made by subsections (a)(3) and (b) shall take effect on the effective date of the regulations prescribed pursuant to subsection (c). The remaining amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS. Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the following: ``In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5), if the petitioner desires a guarantee of a decision on the petition in 60 days or less, the premium fee under this subsection shall be set at $2,500 and shall be deposited as offsetting receipts in the Immigrant Entrepreneur Regional Center Account established under subsection (w).''. SEC. 4. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR ADJUSTMENT OF STATUS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) If, at the time a petition is filed for classification through a regional center under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.''. SEC. 5. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS. Section 203(b)(5)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(B)) is amended as follows: (1) Targeted employment area defined.--Clause (ii) is amended to read as follows: ``(ii) Targeted employment area defined.-- In this paragraph, the term `targeted employment area' means, at the time a petition for classification under this paragraph is filed, any of the following: ``(I) A rural area. ``(II) An area that has experienced high unemployment (of at least 150 percent of the national average rate). ``(III) A county that has had a 20 percent or more decrease in population since 1970. ``(IV) An area that is within the boundaries established for purposes of a State or Federal economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities and Empowerment Zones. ``(V) An area designated by a State agency to which the Governor has delegated the authority to designate targeted employment areas within the State.''. (2) Rural area defined.--Clause (iii) is amended by striking ``other than an area within a metropolitan statistical area or''. (3) Effect of prior determination.--Such section is amended by adding at the end the following: ``(iv) Effect of prior determination.--In a case in which a geographic area is determined under clause (ii) to be a targeted employment area, such determination shall remain in effect during the 2-year period beginning on the date of the determination for purposes of any alien seeking a visa reserved under this subparagraph.''. SEC. 6. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``3,000'' and inserting ``10,000''. SEC. 7. EXTENSION. Subparagraph (A) of section 216A(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by adding the following at the end thereof: ``A date specified by the applicant (but not later than the fourth anniversary) shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that he has attempted to follow his business model in good faith, provides an explanation for the delay in filing the petition that is based on circumstances outside of his control, and demonstrates that such circumstances will be able to be resolved within the specified period.''. SEC. 8. STUDY. (a) In General.--The Secretary of the Department of Homeland Security, in appropriate consultation with the Secretary of Commerce and other interested parties, shall conduct a study concerning the following: (1) Current job creation counting methodology and initial projections under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (2) How best to promote the employment creation program described in such section overseas to potential immigrant investors. (b) Report.--The Secretary of Homeland Security shall submit a report to the Congress not later than 1 year after the date of the enactment of this Act containing the results of the study conducted under subsection (a). SEC. 9. FULL-TIME EQUIVALENTS. (a) In General.--Section 203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``(or full-time equivalent)'' after ``full-time''. (b) Definition.--Section 203(b)(5)(D) of such Act (8 U.S.C. 1153(b)(5)(D)) is amended to read as follows: ``(D) Employment-related definitions.-- ``(i) Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. ``(ii) Full-time equivalent employment defined.--In this paragraph, the term `full- time equivalent employment' means employment representing the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. This shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees.''. SEC. 10. ELIGIBILITY FOR ADJUSTMENT OF STATUS. Section 245(k) of the Immigration and Nationality Act (8 U.S.C. 1255(k)) is amended, in the matter preceding paragraph (1), by striking ``(1), (2), or (3)'' and inserting ``(1), (2), (3), or (5)''. SEC. 11. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS. (a) Changes to Investment Criteria.--Section 203(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``partnership)--'' and inserting ``partnership) as follows:''; (2) in clause (i)-- (A) by striking ``(i) in which'' and inserting the following: ``(i) Not less than one new commercial enterprise-- ``(I) in which''; (B) by striking ``, and'' at the end and inserting a semicolon; and (C) by adding at the end the following: ``(II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in one or more such enterprises of an aggregate amount not less than the amount specified in subparagraph (C); or ``(III) with respect to which such alien has completed an investment agreement with 1 or more angel investors for an investment in one or more such enterprises of an aggregate amount not less than the amount specified in subparagraph (C).''; and (3) in clause (ii)-- (A) by striking ``(ii) which will'' and inserting the following: ``(ii) In the case of investment in such an enterprise or enterprises-- ``(I) if the enterprise or enterprises are described in clause (i)(I), will''; (B) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(II) if the enterprise or enterprises are described in subparagraph (II) or (III) of clause (i), will benefit the United States economy and create full-time employment for not fewer than 5 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).''. (b) Changes to Capital Requirements.--Section 203(b)(5)(C)(i) of such Act (8 U.S.C. 1153(b)(5)(C)(i)) is amended by inserting after ``$1,000,000'' the following: ``in the case of an enterprise described in subparagraph (A)(i)(I), $250,000 in the case of an enterprise described in subparagraph (A)(i)(II), and $100,000 in the case of an enterprise described in subparagraph (A)(i)(III)''. (c) Definitions.--Section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following: ``(E) Qualified venture capital operating company defined.--In this paragraph, the term `qualified venture capital operating company' means an entity that-- ``(i) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or ``(ii) is an investment company, as defined in subsection (a)(1) of section 3 of such Act (15 U.S.C. 80a-3), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, is not registered, and-- ``(I) is organized or incorporated, and domiciled, in the United States, and the majority ownership of which is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence; or ``(II) is owned or controlled by an entity that is organized or incorporated, and domiciled, in the United States, and the majority ownership of that entity is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence. ``(F) Angel investor defined.--In this paragraph, the term `angel investor' means-- ``(i) any individual who is a United States citizen or an alien lawfully admitted to the United States for permanent residence, or any entity wholly owned and controlled by United States citizens or aliens lawfully admitted to the United States for permanent residence; or ``(ii) any entity that has made at least 5 angel investments totaling at least $250,000 during the 3 years preceding the completion of an investment agreement described in subparagraph (A)(i)(III). ``(G) Angel investment.--In this paragraph, the term `angel investment' means an investment made in a commercial enterprise that, prior to such investment, was not owned or controlled by-- ``(i) the investor; ``(ii) any member of the immediate family of the investor; or ``(iii) any entity owned or controlled by any member of the immediate family of the investor.''. (d) Conforming Amendments to Conditional Permanent Status Provisions.-- (1) Termination of status if finding that qualifying entrepreneurship improper.--Section 216A(b)(1)(B) of such Act (8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows: ``(B)(i) the alien-- ``(I) did not invest, or was not actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), or was not sustaining such actions throughout the period of the alien's residence in the United States; or ``(II) did not complete an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), or such agreement was not carried out or was not actively in the process of being carried out; or ``(ii) the commercial enterprise or enterprises did not-- ``(I) create the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or ``(II) generate a profit and at least $1,000,000 in revenue; or''. (2) Contents of petition.--Section 216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``that the alien--'' and inserting ``that--''; (B) by amending subparagraph (A) to read as follows: ``(A)(i) the alien-- ``(I) invested, or was actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), and sustained such actions throughout the period of the alien's residence in the United States; or ``(II) completed an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), and such agreement was carried out or was actively in the process of being carried out; and ``(ii) the commercial enterprise or enterprises-- ``(I) created the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or ``(II) generated a profit and at least $1,000,000 in revenue; and''; and (C) in subparagraph (B), by inserting ``the alien'' before ``is otherwise''.
American Entrepreneurship and Investment Act of 2012 - Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to: (1) make the alien investor visa (EB-5) regional center program permanent, (2) establish a $2,500 regional center designation fee, and (3) increase visa set-asides for such program. Amends the Immigration and Nationality Act regarding EB-5 provisions to: (1) establish a $2,500 premium processing fee, (2) establish in the Treasury the Immigrant Entrepreneur Regional Account Center, (3) permit concurrent filing for EB-5 petitions and status adjustment applications, (4) expand the definition of "targeted employment area" for purposes of visa set-asides, and (5) expand EB-5 eligibility to include investors who have completed investment agreements with a qualified venture capital operating company or with an "angel investor" (U.S. citizen- or permanent resident-owned entity or an entity that has made specified commercial enterprise investments).
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SECTION 1. WEIR FARM NATIONAL HISTORIC SITE, CONNECTICUT. (a) Acquisition of Land for Visitor and Administrative Facilities.--Section 4 of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1171) is amended by adding at the end the following: ``(d) Acquisition of Land for Visitor and Administrative Facilities; Limitations.-- ``(1) Acquisition.-- ``(A) In general.--To preserve and maintain the historic setting and character of the historic site, the Secretary may acquire not more than 15 additional acres for the development of visitor and administrative facilities for the historic site. ``(B) Proximity.--The property acquired under this subsection shall be contiguous to or in close proximity to the property described in subsection (b). ``(C) Management.--The acquired property shall be included within the boundary of the historic site and shall be managed and maintained as part of the historic site. ``(2) Development.--The Secretary shall keep development of the property acquired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b). ``(3) Agreements.--Prior to and as a prerequisite to any development of visitor and administrative facilities on the property acquired under paragraph (1), the Secretary shall enter into one or more agreements with the appropriate zoning authority of the town of Ridgefield, Connecticut, and the town of Wilton, Connecticut, for the purposes of-- ``(A) developing the parking, visitor, and administrative facilities for the historic site; and ``(B) managing bus traffic to the historic site and limiting parking for large tour buses to an offsite location.''. (b) Increase in Maximum Acquisition Authority.--Section 7 of the Weir Farm National Historic Site Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1173) is amended by striking ``$1,500,000'' and inserting ``$4,000,000''. SEC. 2. ACQUISITION AND MANAGEMENT OF WILCOX RANCH, UTAH, FOR WILDLIFE HABITAT. (a) Findings.--Congress finds the following: (1) The lands within the Wilcox Ranch in eastern Utah are prime habitat for wild turkeys, eagles, hawks, bears, cougars, elk, deer, bighorn sheep, and many other important species, and Range Creek within the Wilcox Ranch could become a blue ribbon trout stream. (2) These lands also contain a great deal of undisturbed cultural and archeological resources, including ancient pottery, arrowheads, and rock homes constructed centuries ago. (3) These lands, while comprising only approximately 3,800 acres, control access to over 75,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management. (4) Acquisition of the Wilcox Ranch would benefit the people of the United States by preserving and enhancing important wildlife habitat, ensuring access to lands of the Bureau of Land Management, and protecting priceless archeological and cultural resources. (5) These lands, if acquired by the United States, can be managed by the Utah Division of Wildlife Resources at no additional expense to the Federal Government. (b) Acquisition of Lands.--As soon as practicable, after the date of the enactment of this Act, the Secretary of the Interior shall acquire, through purchase, the Wilcox Ranch located in Emery County, in eastern Utah. (c) Funds for Purchase.--The Secretary of the Interior is authorized to use not more than $5,000,000 from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) for the purchase of the Wilcox Ranch under subsection (b). (d) Management of Lands.--Upon payment by the State of Utah of one- half of the purchase price of the Wilcox Ranch to the United States, or transfer by the State of Utah of lands of the same such value to the United States, the Secretary of the Interior shall transfer to the State of Utah all right, title, and interest of the United States in and to those Wilcox Ranch lands acquired under subsection (b) for management by the State Division of Wildlife Resources for wildlife habitat and public access. SEC. 3. LAND CONVEYANCE, YAVAPAI COUNTY, ARIZONA. (a) Conveyance Required.--Notwithstanding any other provision of law, the Secretary of the Interior shall convey, without consideration and for educational related purposes, to Embry-Riddle Aeronautical University, Florida, a nonprofit corporation authorized to do business in the State of Arizona, all right, title, and interest of the United States, if any, to a parcel of real property consisting of approximately 16 acres in Yavapai County, Arizona, which is more fully described as the parcel lying east of the east right-of-way boundary of the Willow Creek Road in the southwest one-quarter of the southwest one-quarter (SW\1/4\SW\1/4\) of section 2, township 14 north, range 2 west, Gila and Salt River meridian. (b) Terms of Conveyance.--Subject to the limitation that the land to be conveyed is to be used only for educational related purposes, the conveyance under subsection (a) is to be made without any other conditions, limitations, reservations, restrictions, or terms by the United States. If the Secretary of the Interior determines that the conveyed lands are not being used for educational related purposes, at the option of the United States, the lands shall revert to the United States. SEC. 4. LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA. (a) Authorization of Exchange.--If the non-Federal lands described in subsection (b) are conveyed to the United States in accordance with this section, the Secretary of the Interior shall convey to the party conveying the non-Federal lands all right, title, and interest of the United States in and to a parcel of land consisting of approximately 8 acres administered by the Department of Interior as part of the El Portal Administrative Site in the State of California, as generally depicted on the map entitled ``El Portal Administrative Site Land Exchange'', dated June 1998. (b) Receipt of Non-Federal Lands.--The parcel of non-Federal lands referred to in subsection (a) consists of approximately 8 acres, known as the Yosemite View parcel, which is located adjacent to the El Portal Administrative Site, as generally depicted on the map referred to in subsection (a). Title to the non-Federal lands must be acceptable to the Secretary of the Interior, and the conveyance shall be subject to such valid existing rights of record as may be acceptable to the Secretary. The parcel shall conform with the title approval standards applicable to Federal land acquisitions. (c) Equalization of Values.--If the value of the Federal land and non-Federal lands to be exchanged under this section are not equal in value, the difference in value shall be equalized through a cash payment or the provision of goods or services as agreed upon by the Secretary and the party conveying the non-Federal lands. (d) Applicability of Other Laws.--Except as otherwise provided in this section, the Secretary of the Interior shall process the land exchange authorized by this section in the manner provided in part 2200 of title 43, Code of Federal Regulations, as in effect on the date of the enactment of this subtitle. (e) Boundary Adjustment.--Upon completion of the land exchange, the Secretary shall adjust the boundaries of the El Portal Administrative Site as necessary to reflect the exchange. Lands acquired by the Secretary under this section shall be administered as part of the El Portal Administrative Site. (f) Map.--The map referred to in subsection (a) shall be on file and available for inspection in appropriate offices of the Department of the Interior. (g) Additional Terms and Conditions.--The Secretary of the Interior may require such additional terms and conditions in connection with the land exchange under this section as the Secretary considers appropriate to protect the interests of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Amends the Weir Farm National Historic Site Establishment Act of 1990 to authorize the Secretary of the Interior to acquire not more than 15 additional acres of land contiguous or in close proximity to the Weir Farm National Historic Site, Connecticut, for the development of visitor and administrative facilities for the Site. Conditions development of visitor and administrative facilities on the Secretary's entering into one or more agreements with the appropriate zoning authority of the towns of Ridgefield and Wilton for the purposes of: (1) developing the parking, visitor, and administrative facilities for the Site; and (2) managing bus traffic to the Site and limiting parking for large tour buses to an offsite location. Increases the authorization of appropriations for acquisition of real and personal property for the Site.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Tuberculosis Elimination Act of 2003''. TITLE I--INTERAGENCY COLLABORATION SEC. 101. ADVISORY COUNCIL FOR THE ELIMINATION OF TUBERCULOSIS. Section 317E(f) of the Public Health Service Act (42 U.S.C. 247b- 6(f)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by striking paragraphs (2) through (4), and inserting the following: ``(2) Duties.--For the purpose of making progress toward the goal of eliminating tuberculosis from the United States, the Council shall provide to the Secretary and other appropriate Federal officials advice on coordinating the activities of the Public Health Service and other Federal agencies that relate to such disease and on efficiently utilizing the Federal resources involved. ``(3) National plan.--In carrying out paragraph (2), the Council, in consultation with appropriate public and private entities, shall make recommendations on the development, revision, and implementation of a national plan to eliminate tuberculosis in the United States. In carrying out this paragraph, the Council shall-- ``(A) consider the recommendations of the Institute of Medicine regarding the elimination of tuberculosis; ``(B) address the development and application of new technologies; and ``(C) review the extent to which progress has been made toward eliminating tuberculosis. ``(4) Global activities.--In carrying out paragraph (2), the Council, in consultation with appropriate public and private entities, shall make recommendations for the development and implementation of a plan to guide the involvement of the United States in global and cross border tuberculosis-control activities, including recommendations regarding policies, strategies, objectives, and priorities. Such recommendations for the plan shall have a focus on countries where a high incidence of tuberculosis directly affects the United States, such as Mexico, and on access to a comprehensive package of tuberculosis control measures, as defined by the World Health Organization directly observed treatment, short course strategy (commonly known as DOTS). ``(5) Composition.--The Council shall be composed of-- ``(A) representatives from the Centers for Disease Control and Prevention, the National Institutes of Health, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, the U.S.-Mexico Border Health Commission, and other Federal departments and agencies that carry out significant activities relating to tuberculosis; and ``(B) members appointed from among individuals who are not officers or employees of the Federal Government.''. TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. NATIONAL PROGRAM FOR TUBERCULOSIS ELIMINATION. Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by striking the heading for the section and inserting the following: ``national program for tuberculosis elimination''; (2) by amending subsection (b) to read as follows: ``(b) Research, Demonstration Projects, Education, and Training.-- With respect to the prevention, control, and elimination of tuberculosis, the Secretary may, directly or through grants to public or nonprofit private entities, carry out the following: ``(1) Research, with priority given to research concerning-- ``(A) diagnosis and treatment of latent infection of tuberculosis; ``(B) strains of tuberculosis resistant to drugs; ``(C) cases of tuberculosis that affect certain populations; and ``(D) clinical trials, including a tuberculosis trials consortium. ``(2) Demonstration projects for-- ``(A) the development of regional capabilities for the prevention, control, and elimination of tuberculosis; and ``(B) collaboration with the Immigration and Naturalization Service to identify and treat immigrants with active or latent tuberculosis infection. ``(3) Public information and education programs. ``(4) Education, training and clinical skills improvement activities for health professionals, including allied health personnel. ``(5) Support of model centers to carry out activities under paragraphs (1) through (4). ``(6) Collaboration with international organizations and foreign countries in carrying out such activities, including coordinating activities through the Committee on Interagency Collaboration for Tuberculosis Elimination.''; (3) in subsection (f), by adding at the end the following: ``(4) Annual reports.--The Council shall annually submit to the Congress and the Secretary a report on the activities carried out under this subsection. The report shall include the opinion of the Council on the extent to which the recommendations of the Institute of Medicine regarding tuberculosis have been implemented.''; and (4) by amending subsection (g) to read as follows: ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $528,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. TITLE III--NATIONAL INSTITUTES OF HEALTH SEC. 301. ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``tuberculosis ``Sec. 424C. (a) In General.--The Director of the Institute shall expand, intensify, and coordinate research and related activities of the Institute with respect to tuberculosis, including activities toward the goal of eliminating such disease. ``(b) Certain Activities.--Activities under subsection (a) shall include-- ``(1) enhancing basic and clinical research on tuberculosis; and ``(2) expanding research on the relationship between such disease and the human immunodeficiency virus. ``(c) Research Education.-- ``(1) Tuberculosis academic awards.--The Director of the Institute may provide awards to faculty of schools of medicine or osteopathic medicine to assist such faculty in developing high quality curricula in such schools designed to significantly increase the opportunities for interested individuals, including students of the school and practicing physicians and nurses, to learn the principles and practices of preventing, managing, and controlling tuberculosis. ``(2) Tuberculosis/pulmonary infection awards.--The Director of the Institute may provide awards to support the career development of clinically trained professionals who are committed to research regarding pulmonary infections and tuberculosis by providing for supervised study and research. ``(3) Authorization of appropriations.-- ``(A) Tuberculosis academic awards.--For the purpose of carrying out paragraph (1), there are authorized to be appropriated $5,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. ``(B) Tuberculosis/pulmonary infection awards.--For the purpose of carrying out paragraph (2), there are authorized to be appropriated $5,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. SEC. 302. ACTIVITIES OF NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. Section 447A of the Public Health Service Act (42 U.S.C. 285f-2) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following subsection: ``(b) Activities under subsection (a) shall include activities to develop a tuberculosis vaccine. Such activities shall be carried out in accordance with the blueprint for tuberculosis vaccine development described in the report prepared pursuant to the workshop convened in March 1998 by the Advisory Council for Elimination of Tuberculosis, the Director of the National Vaccine Program, and the Director of the Institute.''; and (3) in subsection (c) (as so redesignated), in the first sentence-- (A) by striking ``and'' after ``1994,''; and (B) by inserting before the period the following: ``, $240,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008''. SEC. 303. JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES. Section 482 of the Public Health Service Act (42 U.S.C. 287b) is amended-- (1) by inserting ``(a) In General.--'' before ``The general purpose''; (2) in subsection (a) (as so designated), by inserting after ``Health Sciences'' the following: ``(in this subpart referred to as the `Center')''; and (3) by adding at the end the following subsection: ``(b) Tuberculosis.-- ``(1) In general.--In carrying out subsection (a) with respect to tuberculosis, the Center shall expand, intensify, and coordinate international activities of the Center for research and training. ``(2) International training program.--In carrying out paragraph (1), the Center shall carry out an international training program regarding tuberculosis. Such program shall be modeled after the international training program carried out by the Center with respect to the human immunodeficiency virus.''. SEC. 304. LOAN REPAYMENT PROGRAMS REGARDING RESEARCH ON TUBERCULOSIS. Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended-- (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following section: ``loan repayments regarding research on tuberculosis ``Sec. 487H. In carrying out sections 487C, 487E, and 487F, the Secretary shall seek to ensure that, for fiscal year 2004 and subsequent fiscal years, a portion of amounts appropriated to carry out such sections is reserved for the purpose of entering into contracts under which (in accordance with the section involved) individuals will conduct research on tuberculosis.''.
Comprehensive Tuberculosis Elimination Act of 2003 - Amends the Public Health Service Act to prescribe composition requirements for the Advisory Council for the Elimination of Tuberculosis, and direct it to make recommendations on: (1) a national plan to eliminate tuberculosis in the United States; and (2) a plan to guide U.S. involvement in global tuberculosis-control activities, with a focus on high incidence countries and on access to a comprehensive package of tuberculosis control measures.Authorizes the Secretary of Health and Human Services, directly or through grants, to carry out tuberculosis research, demonstration projects, and public information and education programs.Authorizes the Director of the National Heart, Lung, and Blood Institute of the National Institutes of Health (NIH) to make awards: (1) to faculty of schools of medicine or osteopathic medicine to support the development of high quality curricula to assist interested individuals in learning the principles and practices of preventing, managing, and controlling tuberculosis; and (2) to support the career development of clinically trained professionals committed to pulmonary infection research.Requires the National Institute of Allergy and Infectious Diseases of NIH to work to develop a tuberculosis vaccine.Requires the John E. Fogarty International Center for Advanced Study in the Health Sciences to carry out an international training program regarding tuberculosis.Requires the Secretary to ensure that a portion of funds appropriated to repay the education loans of qualified health professionals, researchers from disadvantaged backgrounds, and pediatric researchers is reserved for contracts with individuals who research tuberculosis.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Implementation Reform Act of 2013''. SEC. 2. 3-YEAR DELAY IN IMPLEMENTATION OF REQUIRED PREMIUM ADJUSTMENT UPON REMAPPING. Notwithstanding any other provision of law, subsection (h) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), as added by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 919), shall have no force or effect until the date that is 3 years after the date of the enactment of this Act. SEC. 3. 5-YEAR DELAY IN IMPLEMENTATION OF FULL ACTUARIAL RATES FOR NEWLY PURCHASED PROPERTIES. (a) Delayed Implementation.--Paragraph (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended by inserting ``the expiration of the 5-year period that begins upon'' before ``the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012''. (b) Treatment of Intervening Rate Increases.--The amendment made by subsection (a) shall be construed to require that, in the case of any property purchased after the date of the enactment of the Biggert- Waters Flood Insurance Reform Act of 2012 but before the date of the enactment of this Act, any premium rate increase made with respect to such purchase pursuant to section 1307(g)(2) of the National Flood Insurance Act of 1968 be reversed. SEC. 4. ADEQUATE PROGRESS ON CONSTRUCTION OF FLOOD PROTECTION SYSTEMS. Subsection (e) of section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)) is amended by adding after the period at the end the following: ``Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement.''. SEC. 5. COMMUNITIES RESTORING DISACCREDITED FLOOD PROTECTION SYSTEMS. Subsection (f) of section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(f)) is amended by striking the first sentence and inserting the following: ``Notwithstanding any other provision of law, this subsection shall apply to riverine and coastal levees, but only in a community which has been determined by the Administrator of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system.''. SEC. 6. AFFORDABILITY STUDY. Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended-- (1) in subsection (c), by striking ``Not'' and inserting the following: ``Subject to subsection (e), not''; (2) in subsection (d)-- (A) by striking ``(d) Funding.--Notwithstanding'' and inserting the following: ``(d) Funding.-- ``(1) National flood insurance fund.--Notwithstanding''; and (B) by adding at the end the following: ``(2) Other funding sources.--To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator.''; and (3) by adding at the end the following new subsection: ``(e) Alternative.--If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)-- ``(1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; ``(2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and ``(3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied.''. SEC. 7. MAPPING OF NON-STRUCTURAL FLOOD MITIGATION FEATURES. Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); (C) by inserting after clause (iv) the following new clause: ``(v) areas that are protected by non- structural flood mitigation features; and''; and (D) in clause (vi) (as so redesignated), by inserting before the semicolon at the end the following: ``and by non-structural flood mitigation features''; and (2) in subsection (d)(1)-- (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v);''.
Flood Insurance Implementation Reform Act of 2013 - Delays until three years after enactment of this Act the requirement of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters) that any property located in an area participating in the national flood insurance program have the risk premium rate charged for flood insurance on the property adjusted to accurately reflect its current risk of flood. Amends the National Flood Insurance Act of 1968 to delay until five years after enactment of Biggert-Waters the prohibition against provision to prospective insureds of flood insurance by the Federal Emergency Management Agency (FEMA) at (subsidy) rates less than full actuarial estimates for property purchased after enactment of Biggert-Waters. Prohibits FEMA, when determining whether a community has made adequate progress on flood protection improvement systems, from counting federal funding or participation in such efforts. Makes flood insurance available at certain special flood hazard area rates to riverine and coastal levees located in a community which FEMA has determined to be in the process of restoring a flood protection system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but which no longer does so. Requires such rates to apply without regard to the level of federal funding or participation. Amends Biggert-Waters to authorize FEMA to to use other funds in addition to those specified in that Act to carry out a specified affordability study. Requires FEMA, upon notice to certain congressional committees that it cannot submit the report on that study by the current deadline, to specify in such notice an alternative method of gathering the requisite information and subsequently to submit the information so gathered. Directs FEMA to: (1) identify, review, update, maintain and publish National Flood Insurance rate maps pertaining to areas protected by non-structural flood mitigation features; and (2) work with states, local communities, and property owners to identify such areas and features.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Multi-Hazard School Disaster Planning and Response Act of 2013''. SEC. 2. EXPANDING PERMISSIBLE USES OF FUNDS UNDER THE MATCHING GRANT PROGRAM FOR SCHOOL SECURITY TO IMPROVE INFORMATION SHARING BETWEEN LAW ENFORCEMENT AND SCHOOLS. (a) In General.--Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Any law enforcement and school information sharing activity described in subsection (g)(1).''; and (2) by adding at the end the following new subsection: ``(g) Law Enforcement and School Information Sharing Activities.-- ``(1) In general.--For purposes of subsection (b)(5), a law enforcement and school information sharing activity described in this paragraph is any of the following activities conducted in accordance with paragraphs (3) and (4): ``(A) Establishing or improving an electronic data management system for the purpose of sharing specified emergency response plan data with first responders. ``(B) Assisting local law enforcement and local schools with costs associated with collecting information on, evaluating, updating, and digitizing specified emergency response plan data and making such plans electronically available to local dispatch centers and first responders through mobile data terminals and mobile data computers. ``(C) Enabling law enforcement to consult with schools to develop emergency plans, including specified emergency response plan data, in order to ensure such plans are comprehensive, complete, and current. ``(2) Specified emergency response plan data.--For purposes of paragraph (1), the term `specified emergency response plan data' means, with respect to a school, emergency plan and response information, as specified by the Attorney General, for such school-- ``(A) that includes floor plans, aerial and internal photographs, and key emergency contact information for administrative personnel, custodial staff, and relevant service vendors for such school; and ``(B) that is to be shared, in accordance with paragraph (3), with only first responders. ``(3) Dissemination of data.--Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under this part shall be so disseminated only to a local dispatch center for first responders through an electronic means and for purposes of being made available to mobile data terminals or mobile data computers of first responders. ``(4) Review and update of data.--Any specified emergency response plan data that is disseminated through a law enforcement and school information sharing activity for which funds are made available under a grant under this part shall be annually reviewed by the State, unit of local government, or Indian tribe receiving such grant and updated as necessary.''. (b) Preferential Consideration for Applications for New Authorized Uses.--Section 2701(c) of such Act (42 U.S.C. 3797a(c)) is amended-- (1) by striking ``Consideration.--In awarding'' and inserting the following: ``Considerations.-- ``(1) In general.--Subject to paragraph (2), in awarding''; and (2) by adding at the end the following new paragraph: ``(2) Preferential consideration for applications for information sharing purposes.--In awarding grants under this part for a use described in subsection (b)(5), the Director shall give preferential consideration, if feasible, to an application from a jurisdiction that demonstrates the activity for which the grant will be used will cover a significant number of schools, demonstrates such jurisdiction uses (or will use such grant to develop) an electronic record management system that is compatible across multiple jurisdictions, or demonstrates community interest with respect to such activity for which the grant will be used.''. (c) Funding.-- (1) Reauthorization of program.--Section 2705 of such Act (42 U.S.C. 3797e) is amended by striking ``2001 through 2009'' and inserting ``2014 through 2017''. (2) Additional authorization for funds for new authorized uses.--Such section is further amended by adding at the end the following new sentence: ``In addition to the amounts authorized to be appropriated under the previous sentence for a fiscal year, there is authorized to be appropriated for grants under this part for a use described in section 2701(b)(5), $10,000,000 for each of fiscal years 2014 through 2017.''.
Multi-Hazard School Disaster Planning and Response Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow funds provided under the Matching Grant Program for School Security to be used for the following law enforcement and school information sharing activities: (1) establishing or improving an electronic data management system for the purpose of sharing specified emergency response plan data with first responders; (2) assisting local law enforcement and local schools with costs associated with collecting information on, evaluating, updating, and digitizing such plan data and making plans electronically available to local dispatch centers and first responders through mobile data terminals and mobile data computers; and (3) enabling law enforcement to consult with schools to develop emergency plans, including such plan data, to ensure that plans are comprehensive, complete, and current. Requires the Director of the Office of Community Oriented Policing Services to give preferential consideration to an application for a grant for such an activity from a jurisdiction that demonstrates that: (1) the activity will cover a significant number of schools, (2) such jurisdiction uses (or will use such grant to develop) an electronic record management system that is compatible across multiple jurisdictions, or (3) there is community interest with respect to such activity. Reauthorizes such Program for FY2014-FY2017.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2013'' or the ``Housing Fairness Act of 2013''. SEC. 2. TESTING FOR DISCRIMINATION. (a) In General.--The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to-- (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2) measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b) Administration.--The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting the testing required under subsection (a). (c) Program Requirements.--The Secretary shall-- (1) submit to the Congress an evaluation by the Secretary of the effectiveness of the program under this section; and (2) issue regulations that require each application for the program under this section to contain-- (A) a description of the assisted activities proposed to be undertaken by the applicant; (B) a description of the experience of the applicant in formulating or carrying out programs to carry out the activities described in subsection (a); and (C) a description of proposed procedures to be used by the applicant for evaluating the results of the activities proposed to be carried out under the program. (d) Report.--The Secretary of Housing and Urban Development shall report to Congress-- (1) on a biennial basis, the aggregate outcomes of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2) on an annual basis, a detailed summary of the messages received by the Office of Fair Housing and Equal Opportunity of the Department through its 24-hour toll-free telephone hotline, through electronic mail, and through its website. The Secretary may submit the reports required under paragraph (1) of this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (e) Use of Results.--The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act (42 U.S.C. 3602)) uncovered as a result of such testing. (f) Definitions.--As used in this section: (1) Disability status.--The term ``disability status'' has the same meaning given the term ``handicap'' in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (2) Familial status.--The term ``familial status'' has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (g) Relationship to Other Laws.--Nothing in this section may be construed to amend, alter, or affect any provision of criminal law or the Truth in Lending Act (15 U.S.C. 1601 et seq.). (h) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations conducting testing required under subsection (a). Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and such regulations shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for each of fiscal years 2014 through 2018. SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM. (a) In General.--Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; and (B) in paragraph (2), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; (2) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out the provisions of this section $42,500,000 for each of fiscal years 2014 through 2018, of which-- ``(A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); ``(B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and ``(C) any remaining amounts shall be used for program activities authorized under this section. ``(2) Availability.--Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section.''; (3) in subsection (h), in the matter following subparagraph (C), by inserting ``and meets the criteria described in subparagraphs (A) and (C)'' after ``subparagraph (B)''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period and inserting ``; and''; and (iii) by adding after subparagraph (D) the following new subparagraph: ``(E) websites and other media outlets.''; (B) in paragraph (2), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''; and (C) in paragraph (3), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''. (b) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations funded with any amounts made available to carry out this section for any of fiscal years 2014 through 2018. Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Housing and Urban Development should-- (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) expend for such education and outreach programs all amounts appropriated for such programs; (3) promulgate regulations regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and (4) fully comply with the requirements of section 810(a) of the Fair Housing Act (42 U.S.C. 3610(a)). SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION. (a) Grant Program.--The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist public and private nonprofit organizations in-- (1) conducting comprehensive studies that examine-- (A) the causes of housing discrimination and segregation; (B) the effects of housing discrimination and segregation on education, poverty, and economic development; or (C) the incidences, causes, and effects of housing discrimination and segregation on veterans and military personnel; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility.--To be eligible to receive a grant under this section, a public or private nonprofit organization shall-- (1) submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; (2) agree to provide matching non-Federal funds for 50 percent of the total amount of the grant, which matching funds may include items donated on an in-kind contribution basis; and (3) meet the requirements of a qualified fair housing enforcement organization, as such term is defined in section 561(h) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), or subcontract with a qualified fair housing enforcement organization as a primary subcontractor. (c) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by such studies. The Secretary may submit the reports required under this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 10 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2014 through 2018. SEC. 6. LIMITATION ON USE OF FUNDS. None of the funds made available under this Act, or the amendments made by this Act, may be used for any political activities, political advocacy, or lobbying (as such terms are defined by Circular A-122 of the Office of Management and Budget, entitled ``Cost Principles for Non-Profit Organizations''), or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns.
Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2013 or Housing Fairness Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to conduct a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets. Amends the Housing and Community Development Act of 1987 to require that only qualified private nonprofit fair housing enforcement organizations receive funds under the fair housing initiatives program for investigations of violations of the rights granted under the Civil Rights Act of 1968. Requires the design of the national education and outreach program to provide for the development and dissemination of websites and other media outlets among its fair housing media products. Requires private entities that formulate or carry out programs to prevent or eliminate discriminatory housing practices to be nonprofit in order to be eligible for contracts to establish or support education and outreach programs and to support community-based education and outreach activities. Requires the Secretary to establish minimum standards for the training of testers of organizations funded with any amounts made available under this Act. Directs the Secretary to implement a competitive matching grant program to assist public and private nonprofit organizations in: (1) conducting comprehensive studies of the causes and effects of housing discrimination and segregation on education, poverty, and economic development or on veterans and military personnel; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assuring Honesty and Accountability Act of 2002''. SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING CAPS. (a) In General.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in paragraph (7) (relating to fiscal year 2003) by redesignation subparagraphs (A), (B), (C), as subparagraphs (C), (D), and (E) respectively, and by inserting before subparagraph (C) (as redesignated) the following: ``(A) for the defense category: $392,742,000,000, in new budget authority and $374,865,000,000 in outlays; ``(B) for the nondefense category: $366,354,000,000, in new budget authority and $406,810,000,000 in outlays;''; (2) in paragraph (8), strike ``(8) with respect to fiscal year 2004'', redesignate the remaining matter as subparagraph (C), and before such redesignated matter insert the following: ``(8) with respect to fiscal year 2004-- ``(A) for the defense category: $400,502,000,000, in new budget authority and $389,942,000,000 in outlays; ``(B) for the nondefense category: $380,305,000,000, in new budget authority and $420,134,000,000 in outlays;''; (3) in paragraph (9), strike ``(9) with respect to fiscal year 2004'', redesignate the remaining matter as subparagraph (C), and before such redesignated matter insert the following: ``(9) with respect to fiscal year 2005-- ``(A) for the defense category: $421,498,000,000, in new budget authority and $408,706,000,000 in outlays; ``(B) for the nondefense category: $387,960,000,000, in new budget authority and $424,854,000,000 in outlays;''; (4) in paragraph (10), strike ``(10) with respect to fiscal year 2006'', redesignate the remaining matter as subparagraph (B), and before such redesignated matter insert the following: ``(10) with respect to fiscal year 2006-- ``(A) for the discretionary category: $837,672,000,000, in new budget authority and $854,020,000,000 in outlays; and (5) redesignate paragraphs (11) through (16) as paragraphs (12) through (17), respectively, and insert after paragraph (10) the following new paragraph: ``(11) with respect to fiscal year 2007, for the discretionary category: $870,178,000,000, in new budget authority and $877,248,000,000 in outlays;''. (b) Expiration.--Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by striking subsection (b). SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``enacted before October 1, 2002,''. (b) Sequestration.--Section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``enacted before October 1, 2002''. SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE FLOOR. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``budget evasion points of order ``Sec. 316. (a) Discretionary Spending Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the spending limits set forth in that section. ``(b) Pay-as-You-Go.--It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the balances of the pay-as-you-go scorecard pursuant to that section. ``(c) Directed Scoring.--It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that directs the scorekeeping of any bill or resolution. ``(d) Far-Outyears.--It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that contains a provision providing new budget authority which reduces revenues which first takes effect after the first 5 fiscal years covered in the most recently adopted concurrent resolution on the budget and that would have the effect of reducing the surplus or increasing the deficit in any fiscal year. ``(e) Enforcement in the House of Representatives.--(1) It shall not be in order in the House of Representatives to consider a rule or order that waives the application of this section. ``(2)(A) This subsection shall apply only to the House of Representatives. ``(B) In order to be cognizable by the Chair, a point of order under this section must specify the precise language on which it is premised. ``(C) As disposition of points of order under this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. ``(D) A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(E) The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Waiver and Appeal in the Senate.--Section 904 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (c)(1), by inserting ``316,'' after ``313,''; and (2) in subsection (d)(2), by inserting ``316,'' after ``313,''. (c) Table of Contents.--The table of contents for the Congressional Budget Act of 1974 is amended by inserting after the item for section 315 the following: ``Sec. 316. Budget evasion points of order.''. (d) Reserve Fund for War on Terrorism.--Upon the enactment of any bill or joint resolution that provides new budget authority (and outlays flowing therefrom) for operations of the Department of Defense to prosecute the war on terrorism, the Director of the Office of Management and Budget shall make an appropriate adjustment to the discretionary spending limits (and those limits as adjusted) as set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 by the amount provided by that measure for that purpose, but the total adjustment for all measures considered under this section shall not exceed $10,000,000,000 in new budget authority for fiscal year 2003 and outlays flowing therefrom. SEC. 5. DISCLOSURE OF INTEREST COSTS. Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) containing a projection by the Congressional Budget Office of the cost of the debt servicing that would be caused by such measure for such fiscal year (or fiscal years) and each of the 4 ensuing fiscal years.''. SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING. (a) OMB Emergency Criteria.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Development of Guidelines for Application of Emergency Definition.--Not later than 5 months after the date of enactment of this Act, the chairmen of the Committees on the Budget (in consultation with the President) shall, after consulting with the chairmen of the Committees on Appropriations and applicable authorizing committees of their respective Houses and the Directors of the Congressional Budget Office and the Office of Management and Budget, jointly publish in the Congressional Record guidelines for application of the definition of emergency set forth in section 3(11) of the Congressional Budget and Impoundment Control Act of 1974. (c) Reserve Fund for Emergencies in President's Budget.--Section 1105 of title 31, United States Code is amended by adding at the end the following new subsections: ``(h) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a reserve fund for emergencies. The amount set forth in such fund shall be calculated as provided under section 317(b) of the Congressional Budget Act of 1974. ``(i) In the case of any budget authority requested for an emergency, such submission shall include a detailed justification of the reasons that such emergency is an emergency within the meaning of section 3(11) of the Congressional Budget Act of 1974, consistent with the guidelines described in section 6(b) of the Assuring Honesty and Accountability Act of 2002.''. (d) Separate House Vote on Emergency Designation.--(1) Rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``13. In the consideration of any measure for amendment in the Committee of the Whole containing any emergency spending designation, it shall always be in order, unless specifically waived by terms of a rule governing consideration of that measure, to move to strike such emergency spending designation from the portion of the bill then open to amendment.''. (2) The Committee on Rules shall include in the report required by clause 1(d) of rule XI (relating to its activities during the Congress) of the Rules of House of Representatives a separate item identifying all waivers of points of order relating to emergency spending designations, listed by bill or joint resolution number and the subject matter of that measure. (e) Committee Notification of Emergency Legislation.--Whenever the Committee on Appropriations or any other committee of either House (including a committee of conference) reports any bill or joint resolution that provides budget authority for any emergency, the report accompanying that bill or joint resolution (or the joint explanatory statement of managers in the case of a conference report on any such bill or joint resolution) shall identify all provisions that provide budget authority and the outlays flowing therefrom for such emergency and include a statement of the reasons why such budget authority meets the definition of an emergency pursuant to the guidelines described in subsection (b). SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER TO UNREPORTED LEGISLATION. (a) Section 315 of the Congressional Budget Act of 1974 is amended by striking ``reported'' the first place it appears. (b) Section 303(b) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (1), by striking ``(A)'' and by redesignating subparagraph (B) as paragraph (2) and by striking the semicolon at the end of such new paragraph (2) and inserting a period; and (2) by striking paragraph (3). SEC. 8. BUDGET COMPLIANCE STATEMENTS. Clause 3(d) of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: ``(4) A budget compliance statement prepared by the chairman of the Committee on the Budget, if timely submitted prior to the filing of the report, which shall include assessment by such chairman as to whether the bill or joint resolution complies with the requirements of sections 302, 303, 306, 311, and 401 of the Congressional Budget Act of 1974 or any other requirements set forth in a concurrent resolution on the budget and may include the budgetary implications of that bill or joint resolution under section 251 or 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as applicable.''. SEC. 9. JUSTIFICATION FOR BUDGET ACT WAIVERS IN THE HOUSE OF REPRESENTATIVES. Clause 6 of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(h) It shall not be in order to consider any resolution from the Committee on Rules for the consideration of any reported bill or joint resolution which waives section 302, 303, 311, or 401 of the Congressional Budget Act of 1974, unless the report accompanying such resolution includes a description of the provision proposed to be waived, an identification of the section being waived, the reasons why such waiver should be granted, and an estimated cost of the provisions to which the waiver applies.''. SEC. 10. CBO SCORING OF CONFERENCE REPORTS. (a) The first sentence of section 402 of the Congressional Budget Act of 1974 is amended as follows: (1) Insert ``or conference report thereon,'' before ``and submit''. (2) In paragraph (1), strike ``bill or resolution'' and insert ``bill, joint resolution, or conference report''. (3) At the end of paragraph (2) strike ``and'', at the end of paragraph (3) strike the period and insert ``; and'', and after such paragraph (3) add the following new paragraph: ``(4) A determination of whether such bill, joint resolution, or conference report provides direct spending.''. (b) The second sentence of section 402 of the Congressional Budget Act of 1974 is amended by inserting before the period the following: ``, or in the case of a conference report, shall be included in the joint explanatory statement of managers accompanying such conference report if timely submitted before such report is filed''.
Assuring Honesty and Accountability Act of 2002 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the discretionary spending limits (spending caps) for defense and nondefense categories in new budget authority and outlays.Retains (eliminates the expiration of) certain budget enforcement mechanisms.Retains (eliminates the expiration of) pay-as-you-go.Amends the Congressional Budget Act of 1974 concerning legislation which: (1) evades specified budget enforcement mechanisms; (2) provides direct spending (to be included in the Congressional Budget Office (CBO) analysis (scoring); and (3) is unreported by committee (for purposes of budget point of order rules).Limits the adjustment required to the discretionary spending limits in new budget authority for FY 2003 when new budget authority to prosecute the war on terrorism is enacted.Requires reports on legislation which provide new budget, spending, or credit authority or otherwise provide an increase or decrease in revenues or tax expenditures to include a projection by CBO of the cost of debt servicing (interest).Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending through: (1) establishing criteria and guidelines; (2) the inclusion of a reserve fund in the President's Budget; and (3) requiring a separate House vote on an emergency designation.Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); and (2) justification for budget act waivers (inclusion required for bill consideration).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Classroom Innovation Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ENCOURAGING STATE AND LOCAL BLENDED LEARNING PROJECTS. (a) State Applications.--Section 2112(b) (20 U.S.C. 6612(b)) is amended by inserting at the end the following: ``(13) In the case of a State that will carry out a program to award grants under section 2121(b), a description of the program, which shall include-- ``(A) the criteria the State will use to award grants under such section to eligible entities to carry out blended learning projects; ``(B) the State policies and procedures to be waived by the State, consistent with Federal law, for such eligible entities to carry out such projects, which may include waivers with respect to-- ``(i) restrictions on class sizes; ``(ii) restrictions on licensing or credentialing of personnel supervising student work in such projects; ``(iii) restrictions on the use of State funding for instructional materials for the purchase of digital instructional resources; ``(iv) restrictions on advancing students based on demonstrated mastery of learning outcomes, rather than seat-time requirements; and ``(v) restrictions on secondary school students in the State enrolling in online coursework; ``(C) how the State will inform eligible entities of the availability of the waivers described in subparagraph (B); and ``(D) how the State will provide the non-Federal match required under section 2121(b)(2)(D).''. (b) Reservation of Subgrant Funds for Blended Learning.--Section 2121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621) is amended by adding at the end the following: ``(b) Reservation for Blended Learning.-- ``(1) In general.--Notwithstanding any other provision of this part, a State that receives a grant under subpart 1 may reserve not more than 5 percent of the amount reserved to carry out this part under section 2113(a)(1) to make grants to local educational agencies to enable the agencies to carry out blended learning projects described in paragraph (2). ``(2) Blended learning projects.-- ``(A) In general.-- ``(i) In general.--The State educational agency may use the funds described in paragraph (1) to carry out a program to award grants on a competitive basis to eligible entities in the State to carry out blended learning projects described in this paragraph. ``(ii) Reservation for rural areas.--In awarding grants under this paragraph, a State educational agency shall reserve 5 percent of the funds available to carry out this paragraph for eligible entities that will serve rural areas. ``(B) Application.--An eligible entity desiring to receive a grant under this paragraph shall submit an application to the State educational agency at such time and in such manner as the agency may require, and which describes-- ``(i) the blended learning project to be carried out by the eligible entity, including the design of the instructional model to be carried out by the eligible entity and how such eligible entity will use funds provided under this paragraph to carry out the project; ``(ii) in the case of an eligible entity described in subclause (I) or (III) of subparagraph (E)(iii), the schools that will participate in the project; ``(iii) the expected impact on student academic achievement; ``(iv) how the eligible entity will ensure sufficient information technology is available to carry out the project; ``(v) how the eligible entity will ensure sufficient digital instructional resources are available to students participating in the project; ``(vi) the ongoing professional development to be provided for teachers, school leaders, and other personnel carrying out the project; ``(vii) the State policies and procedures for which the eligible entity requests waivers from the State to carry out the project, which may include requests for the waivers described in section 2112(b)(13)(B); ``(viii) as appropriate, how the eligible entity will use the blended learning project to improve instruction and access to the curriculum for diverse groups of students, including students with disabilities and students who are limited English proficient; ``(ix) how the eligible entity will evaluate the project in terms of student academic achievement and publicly report the results of such evaluation; and ``(x) how the eligible entity will sustain the project beyond the grant period. ``(C) Uses of funds.--An eligible entity receiving a grant under this paragraph shall use such grant to carry out a blended learning project, which shall include at least 1 of the following activities: ``(i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. ``(ii) Ongoing professional development for teachers, school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project. ``(D) Non-federal match.--A State educational agency that carries out a grant program under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the grant funds awarded by the State educational agency to eligible entities under this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Blended learning project.--The term `blended learning project' means a formal education program-- ``(I) that includes an element of online learning, and instructional time in a supervised location away from home; ``(II) that includes an element of student control over time, path, or pace; and ``(III) in which the elements are connected to provide an integrated learning experience. ``(ii) Charter school.--The term `charter school' has the meaning given the term in section 5210. ``(iii) Eligible entity.--The term `eligible entity' means a-- ``(I) local educational agency; ``(II) charter school; or ``(III) consortium of the entities described in subclause (I) or (II), which may be in partnership with a for- profit or nonprofit entity.''.
21st Century Classroom Innovation Act Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to allow states to use up to 5% of their part A grant funds that are reserved for allocating subgrants to local educational agencies (LEAs) to award competitive grants to LEAs, charter schools, or consortia of such entities to carry out blended learning projects. Defines a "blended learning project" as a formal education program that: (1) includes an element of online learning and instructional time in a supervised location away from home; (2) includes an element of student control over time, path, or pace; and (3) connects the elements of the education program to provide an integrated learning experience. Requires the competitive grant funds to be used for: (1) planning activities, the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases; or (2) ongoing professional development for teachers, school leaders, or other personnel involved in the project. Requires each state making such a grant to contribute non-federal funds equal to at least 10% of the grant.
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SECTION 1. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLATIVE BRANCH EMPLOYEES. (a) In General.--Part A of title II of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is amended-- (1) in the heading, by striking ``fair labor standards,'' and all that follows and inserting ``and other protections and benefits''; (2) by redesignating section 207 as section 208; and (3) by inserting after section 206 the following: ``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION RULES. ``(a) Rights and Protections Described.-- ``(1) In general.--No employing office may take or fail to take, or threaten to take or fail to take, a personnel action (within the meaning of chapter 23 of title 5, United States Code) with respect to any covered employee or applicant for employment because of-- ``(A) any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences-- ``(i) a violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order or the rules of the Senate or the House of Representatives to be kept secret in the interest of national defense or the conduct of foreign affairs; or ``(B) any disclosure to the General Counsel, or to the Inspector General of a legislative or executive agency or another employee designated by the head of the legislative or executive agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences-- ``(i) a violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. ``(2) Definitions.--For purposes of this section and for purposes of applying the procedures established under title IV for the consideration of alleged violations of this section-- ``(A) the term `covered employee' includes an employee of the Government Accountability Office or Library of Congress; and ``(B) the term `employing office' includes the Government Accountability Office and the Library of Congress. ``(b) Remedy.--The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under chapter 12 of title 5, United States Code, with respect to a prohibited personnel practice described in section 2302(b)(8) of such title. ``(c) Regulations To Implement Section.-- ``(1) In general.--The Board shall, pursuant to section 304, issue regulations to implement this section. ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as the substantive regulations promulgated by the Merit Systems Protection Board to implement chapters 12 and 23 of title 5, United States Code, except to the extent that the Board of Directors of the Office of Compliance may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.''. (b) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for part A of title II of the Congressional Accountability Act of 1995 is amended-- (A) in the item relating to part A, by striking ``FAIR LABOR STANDARDS,'' and all that follows and inserting ``AND OTHER PROTECTIONS AND BENEFITS''; (B) by redesignating the item relating to section 207 as relating to section 208; and (C) by inserting after the item relating to section 206 the following: ``Sec. 207. Rights and protections under whistleblower protection rules.''. (2) Application of laws.--Section 102(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is amended by adding at the end the following: ``(12) Section 2302(b)(8) of title 5, United States Code.''.
Amends the Congressional Accountability Act of 1995 to apply whistleblower rights and protections to legislative branch employees, including those of the Government Accountability Office or the Library of Congress. Prescribes for violation of this Act the same remedy as would be appropriate if awarded with respect to a prohibited federal personnel practice in the executive branch.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Proposed Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to amounts specifically authorized to be appropriated for a particular program, project, or activity. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third day of continuous session of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority if supported by 49 other Members. ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(C) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh day of continuous session of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority if supported by 14 other Members. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th calendar day of continuous session of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(D) If the bill is amended in the Senate solely as provided by subparagraph (B), the Secretary of the Senate shall cause an engrossed amendment (in the nature of a substitute) to be returned to the House of Representatives. Upon receipt of that amendment from the Senate, the House shall be deemed to have agreed to the Senate amendment and the Clerk of the House of Representatives shall enroll the bill. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(e) Amendments and Divisions Prohibited.--Except as provided by paragraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (g) of such section) that are enacted during the One Hundred Third Congress. SEC. 4. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 1994 on which Congress adjourns sine die.
Expedited Consideration of Proposed Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Museum of American Latino Heritage Act of 2006''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of American Latino Heritage (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications.--Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either-- (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with-- (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of a National Museum of American Latino Heritage in Washington, DC (hereafter in this Act referred to as the ``Museum''). (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on Issues.--The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior and Smithsonian Institution. (4) Whether the Museum should be located within the Smithsonian Institution. (5) The governance and organizational structure from which the Museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. (7) The cost of constructing, operating, and maintaining the Museum. (d) Legislation to Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum. (e) National Conference.--In carrying out its functions under this section, the Commission may convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 18 months after the commission members are selected. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Department of the Interior.--The Department of the Interior shall provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission's functions. These funds shall be made available prior to any meetings of the Commission. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member shall be entitled to 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. (d) Federal Advisory Committee Act.--The Commission is not subject to the provisions of the Federal Advisory Committee Act. SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports and plans required under section 3 not later than 24 months after the date of the Commission's first meeting. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for the first fiscal year beginning after the date of the enactment of this Act and $1,100,000 for the second fiscal year beginning after the date of the enactment of this Act. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk.
Commission to Study the Potential Creation of a National Museum of American Latino Heritage Act of 2006 - Establishes the Commission to Study the Potential Creation of a National Museum of American Latino Heritage to report its recommendations with respect to developing a plan of action for the establishment and maintenance of a National Museum of the American Latino Heritage in Washington, D.C. Requires the Commission to develop a fund-raising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fund-raising by the American Latino community. Instructs the Commission to examine and report on: (1) the availability and cost of collections to be acquired and housed in the Museum; (2) the impact of the Museum on regional Hispanic- and Latino-related museums; (3) possible locations for the Museum in Washington, D.C.; (4) whether the Museum should be located within the Smithsonian Institution; (5) the governance and organizational structure from which the Museum should operate; (6) how to engage the American Latino community in the development and design of the Museum; and (7) the cost of constructing, operating, and maintaining the Museum. Requires the Commission, based on the recommendations contained in the reports described above, to submit for consideration to specified congressional committees recommendations for a legislative plan of action to create and construct the Museum. Authorizes the Commission to convene a national conference on the Museum, which shall be comprised of individuals committed to the advancement of American Latino life, art, history, and culture. Instructs the Department of the Interior to provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission's functions. Makes such funds available prior to any meetings of the Commission. Excepts the Commission from application of the Federal Advisory Committee Act. Authorizes appropriations.
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SECTION 1. FIRST-TIME HOMEBUYER CREDIT FOR EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES. (a) In General.--Subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for empowerment zones) is amended by redesignating part V as part VI, by redesignating section 1397F as section 1397G, and by inserting after part IV the following new part: ``Part V--First-Time Homebuyer Credit ``Sec. 1397F. First-time homebuyer credit. ``SEC. 1397F. FIRST-TIME HOMEBUYER CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in an empowerment zone or an enterprise community during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $2,000. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this subsection) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the credit so allowable as-- ``(A) the excess (if any) of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $70,000 ($110,000 in the case of a joint return), bears to ``(B) $20,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) First-Time Homebuyer.--For purposes of this section-- ``(1) In general.--The term `first-time homebuyer' means any individual if such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence in either an empowerment zone or an enterprise community during the 1-year period ending on the date of the purchase of the principal residence to which this section applies. ``(2) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(d) Carryover of Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section, rules similar to the rules of subsections (e), (f), (g), and (h) of section 1400C shall apply. ``(f) Application of Section.--This section shall apply to property purchased after the date of the enactment of this section and before January 1, 2001.'' (b) Conforming Amendments.-- (1) Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of empowerment zone-enterprise community first-time homebuyer credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the first-time homebuyer credit determined under section 1397F may be carried back to a taxable year ending before the date of the enactment of section 1397F.'' (2) Subsection (a) of section 1016 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 thereof the following new paragraph: ``(28) in the case of a residence with respect to which a credit was allowed under section 1397F, to the extent provided under such section 1397F.'' (c) Conforming Amendments.-- (1) The table of parts for subchapter U of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Part V. First-time homebuyer credit. ``Part VI. Regulations.''. (2) The table of sections for part VI of such Code, as so redesignated, is amended to read as follows: ``Sec. 1397G. Regulations.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
Amends the Internal Revenue Code to permit a limited tax credit to a first-time purchaser of a principal residence in an enterprise zone or an empowerment community.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``North Atlantic Right Whale Recovery Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) North Atlantic Right Whales are one of the most endangered large whales in the world, with fewer than 350 animals remaining in the western North Atlantic. (2) Anthropogenic causes remain the largest source of mortality for North Atlantic Right Whales. (3) Accidental collisions of ships with right whales have been identified as the leading cause of human-related mortality of right whales, with at least 16 deaths attributable to ship strikes along the east coast of the United States since 1970. (4) Entanglement in fishing gear is the other major cause of right whale mortality, estimated to account for at least 3 deaths from 1970 through 2000. (5) The Recovery Plan for Northern Right Whales lists other potential or known anthropogenic sources of mortality such as habitat degradation, contamination by pollutants, ocean noise, and climate change. Although the mortality rate caused by these factors is unknown, they are potentially important and could affect Northern Right Whale birth rates, distribution patterns, and general health. (6) According to a recent study in the Proceedings of the National Academy of Sciences, unless human-related mortalities are reduced, the North Atlantic Right Whale is likely to become extinct. (7) The National Marine Fisheries Service of the Department of Commerce is the agency tasked with protecting and recovering right whales under both the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (8) Recent research has led to limited success in reducing collisions with ships and interactions with fishing gear. (9) The Mandatory Ship Reporting System, implemented in 1999 by the National Marine Fisheries Service and the Coast Guard, and approved by the International Maritime Organization, has begun to provide mariners with necessary information to help prevent ship collisions in North Atlantic Right Whale critical habitat in northeast and southeast coastal waters. (10) The National Marine Fisheries Service along with the Atlantic Large Whale Take Reduction Team have begun to develop gear and methods to reduce right whale interactions with fishing gear along the Atlantic Coast. (11) Recent events have revealed the lack of a coordinated Federal plan for recovering North Atlantic Right Whales, in spite of large funding increases by the Congress over the past decade. (12) Greater management and research attention must be focused on reducing mortality caused by ship collisions, entanglement in fishing gear, and other causes of mortality if the population decline of North Atlantic Right Whales is to be reversed. SEC. 3. NORTH ATLANTIC RIGHT WHALE RECOVERY PROGRAM. (a) In General.--The Secretary of Commerce shall institute a North Atlantic Right Whale Recovery Program, in coordination with the Secretary of Transportation and appropriate Federal agencies, States, the Southeast and Northeast Northern Right Whale Recovery Plan Implementation Teams, and the Atlantic Large Whale Take Reduction Team, pursuant to the authority provided under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Elements.--The program established under subsection (a) shall include the following research, management, and enforcement elements: (1) Activities to reduce mortality and injury due to collisions with vessel traffic. (2) Activities to reduce mortality and injury in fishing gear (including disentanglement and gear development). (3) Population monitoring, baseline surveys, assessment, and database management. (4) Support for regional recovery plan implementation teams, take reduction teams, and such meetings or workshops as are necessary to develop and provide expert advice on related research and management activities. (c) Secretary To Identify Agencies, Areas, and Activities.--The Secretary, in consultation with the teams described in subsection (a), shall identify the following: (1) The appropriate governmental agency or other entity to perform each activity covered by the program. (2) The geographic area or areas in which those activities should be conducted. (3) A timeline for initiation and completion of such activity. SEC. 4. FEDERAL-STATE COOPERATION. The Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall-- (1) develop cooperative agreements under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) to support State agency involvement in recovery programs for North Atlantic Right Whales; and (2) determine annually the funding needs and levels appropriate for Federal support to encourage the establishment of, and to help maintain, such programs. SEC. 5. NORTH ATLANTIC RIGHT WHALE PRIORITY ACTION PROGRAM. (a) In General.--The Secretary of Commerce and the Secretary of Transportation, in consultation with the Southeast and Northeast Northern Right Whale Recovery Plan Implementation Teams and the Atlantic Large Whale Take Reduction Team, shall identify near-term demonstration projects to reduce, or promote reductions in, mortality caused by ship strikes and entanglement in fishing gear. (b) Demonstration Projects.--Within 9 months after the date of enactment of this Act, the Secretary of Commerce shall institute demonstration projects determined, after consulting with the teams described in subsection (a), to have potential for immediate impact on reducing mortality of North Atlantic Right Whales in the following areas: (1) Detection and tracking of North Atlantic Right Whales in critical habitat, high use areas, or along their migration route. (2) Satellite tracking of individual whale movements. (3) Deployment of whale-friendly gear such as neutrally buoyant line and ``weak links'' in North Atlantic Right Whale critical habitat or high use areas to reduce the possibility of entanglements, including provision of such gear to fishermen. (4) Testing or developing innovative methods to increase the success of disentanglement efforts. (5) Other projects determined to have near-term potential of reducing right whale mortality. SEC. 6. REDUCING SHIP STRIKES. (a) Vessel Warning and Management.--The Secretaries of Commerce and Transportation shall, by January 1, 2003, develop a comprehensive program to prevent ship strikes of Northern Atlantic Right Whales. The program shall include-- (1) an Atlantic Coast vessel early warning system, with participation by the United States Coast Guard, the United States Navy, the Army Corps of Engineers, and State and local government agencies, that includes-- (A) collection and analysis of data on Atlantic vessel traffic patterns and operations related to incidents involving ships striking whales; (B) a coordinated communications system for notifications to mariners; and (C) a clearinghouse for whale sightings, including plans for development of a real-time information system that utilizes existing systems such as aerial and shipboard surveillance and incorporates innovative techniques such as acoustic detection, satellite tags, and predictive modeling, to locate and track right whales; and (2) a coordinated vessel management system that provides-- (A) updated information to mariners to advise on best practices based on the analysis of vessel operations and incidents involving ships striking whales; (B) regional risk assessments to identify alternative routing opportunities or speed changes for vessels; (C) vessel management standards for high risk areas during North Atlantic Right Whale migration periods; and (D) for the applicability of standards to a variety of vessel types. (b) Detection Technologies Program.--The Secretary of Commerce, in consultation with the Secretary of Transportation and the Secretary of the Navy, shall create a detection technology program to develop, test, and evaluate technologies that can be used to detect and track North Atlantic Right Whales in critical habitat and along their migration routes during fiscal years 2002 and 2003. The program should evaluate technologies that can be used to track long-term movements of whales, as well as technologies that could be used aboard ships to detect and avoid whales as the ships transit to ports and within shipping lanes. (c) Ship Strike Analysis.--Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall incorporate data from ``whale alert'' aircraft surveys, scientific survey data, confirmed right whale sightings, locations of observed ``close calls'', and ship traffic data from the mandatory ship reporting system into a geographic information system for analysis of interactions between whales and ships. The Secretary shall use the information gained from that analysis for education and outreach to mariners, fishermen, and ports. (d) Gaps in Authority.--The Secretary of Transportation, within 60 days after the date of enactment of this Act, shall identify any gaps in legislative authority preventing implementation of regulations affecting vessels in waters under United States jurisdiction necessary to promote recovery of North Atlantic Right Whales. (e) International Maritime Organization.--The Secretary of Transportation, acting through the Secretary of State, may propose regulations for adoption at the International Maritime Organization to further implement the recommendations contained within the North Atlantic Right Whale Recovery Plan. SEC. 7. NORTH ATLANTIC RIGHT WHALE RESEARCH GRANT PROGRAM. (a) Coordinated Research Framework.--The Secretary of Commerce, in consultation with the Northeast and Southeast Northern Right Whale Recovery Plan Implementation Teams, the Atlantic Large Whale Take Reduction Team, and the Marine Mammal Commission, shall design a comprehensive and coordinated right whale research grant program. The program shall include, at the minimum, research on the following subjects: (1) Detection and tracking of North Atlantic Right Whales, including the use of tagging and telemetry, to help ships avoid striking whales. (2) Behavior of right whales in proximity to ships. (3) Relationships between vessel speed, size, or design with whale collisions and mortality. (4) Modeling ship traffic in Atlantic shipping lanes and approaches to major United States ports along the Atlantic coast. (5) Population studies. (6) Reproduction and genetic studies. (7) Development of a geographic information system database to identify variables potentially associated with right whale distribution and migration, including temperature, other oceanographic parameters, and distribution and abundance of planktonic prey species. (8) Response of right whales to ship-avoidance deterrence methods. (9) Habitat quality studies including investigation of food quality, pollution levels, and interaction of ecological components with the food resources of Northern Right Whales. (10) Physiological condition studies, including reproductive fitness measures, and comparison with environmental conditions. (b) Peer Review.--The program shall provide for external peer review of grant applications. Peer review teams shall include scientists, fishing, shipping, and other appropriate industry representatives, and technology experts appropriate to evaluate the feasibility and scientific merit of each application. SEC. 8. INTERAGENCY COORDINATION AND COST-SHARING. (a) In General.--The Secretary of Commerce and the Secretary of Transportation shall ensure cooperation of Federal agencies and departments in sharing the costs, vessels, equipment, and other resources (including communications and monitoring equipment) to meet the needs of the updated North Atlantic Right Whale Recovery Plan, particularly with respect to tracking and surveillance of right whales in critical habitat and high use areas. (b) Report.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation, the Secretary of the Navy, and the Secretary of Commerce shall report to the Congress on any further funding requirements necessary to implement any requirements of this Act or regulations necessary to implement the North Atlantic Right Whale Recovery Plan. SEC. 9. INTERNATIONAL ACTION AND COORDINATION. (a) Canada.--The Secretary of Commerce, acting through the Secretary of State, shall initiate or continue discussions with Canada to coordinate programs concerning North Atlantic Right Whales, including-- (1) ship traffic management systems; (2) tracking whales in the Gulf of Maine and adjacent areas of the United States and Canadian Exclusive Economic Zone; (3) disentanglement efforts; and (4) sharing of relevant biological and maritime traffic information. (b) Fishery Interactions.--The Secretary of Commerce, working through the Department of State, shall begin discussions for the purpose of creating or amending bi- or multi-lateral agreements on management measures to reduce fishery interactions, with-- (1) all relevant management organizations; and (2) nations whose fleets may operate in North Atlantic Right Whales high use areas. (c) Scientific Information.--The Secretary of Commerce, working through the Department of State, shall begin discussions for the purpose of facilitating collection of information relevant to development of the priority action plan or recovery plan with-- (1) all relevant scientific organizations, including the International Council for the Exploration of the Sea, Northwestern Atlantic Fisheries Organization, the Food and Agricultural Organization; and (2) countries that conduct research in areas with right whales, including Canada, Greenland (Denmark), and Iceland. SEC. 10. REPORT TO CONGRESS. The National Oceanic and Atmospheric Administration shall transmit a report to the Congress no later than March 1 of each year setting forth-- (1) actions taken pursuant to the updated North Atlantic Right Whale Recovery Plan; (2) the amount of Federal and State funds expended on activities under that Plan; (3) known or suspected incidents of-- (A) collisions between vessels and North Atlantic Right Whales; and (B) entanglements, injuries, or mortalities of North Atlantic Right Whales; (4) known or suspected causes of incidents described in paragraph (3); (5) actions taken to prevent or reduce the likelihood of such incidents in the preceding year; (6) any new information about calving, feeding, or other high-use areas of North Atlantic Right Whales; (7) the status of any litigation involving North Atlantic Right Whale recovery activity; (8) areas identified for additional action under the North Atlantic Right Whale Recovery Plan; (9) projects funded under section 7; (10) the funding needs and levels determined under paragraph (2) of section 4 appropriate for Federal support to encourage the establishment of, and to help maintain, recovery programs for North Atlantic Right Whales; and (11) the cost of implementing the demonstration projects under section 5(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Commerce.--There are authorized to be appropriated to the Secretary of Commerce, for purposes of carrying out the Department of Commerce's functions and responsibilities under this Act, $4,500,000 for fiscal year 2002 and $5,000,000 for each of fiscal years 2003 and 2004. (b) Department of Transportation.--There are authorized to be appropriated to the Secretary of Transportation, for purposes of carrying out the Department of Transportation's functions and responsibilities under this Act, $1,000,000 for each of fiscal years 2002, 2003, and 2004. (c) State Cooperative Agreements.--There are authorized to be appropriated to the Secretary of Commerce $1,500,000 for fiscal year 2002 and $2,000,000 for each of fiscal years 2003 and 2004, for purposes of implementing agreements with Atlantic coastal States under section 6 of the Endangered Species Act of 1973 as required by section 4 of this Act. (d) North Atlantic Right Whale Research Grant Program.--There are authorized to be appropriated to the Secretary of Commerce, for purposes of carrying out the research program under section 7 of this Act, $1,000,000 for fiscal year 2002 and $2,000,000 for each of fiscal years 2003 and 2004.
North Atlantic Right Whale Recovery Act of 2001 - Directs the Secretary of Commerce (Secretary) to institute a North Atlantic Right Whale Recovery Program; and (2) develop cooperative agreements to support State agency involvement in such whale recovery programs.Requires the Secretary and the Secretary of Transportation to: (1) identify and institute demonstration projects to reduce mortality of such whales caused by ship strikes and entanglement in fishing gear; and (2) develop a program by January 2003 to prevent such ship strikes through use of a vessel early warning system and a coordinated vessel management system; and (3) ensure Federal agency cooperation to meet the needs of the updated North Atlantic Right Whale Recovery Plan.Requires the Secretary to: (1) create a technology program to detect and track such whales in critical habitat and along their migration routes during FY 2002 and 2003; and (2) incorporate specified data into a geographic information system for analysis of interactions between whales and ships.Requires the Secretary of Transportation to identify any gaps in legislative authority preventing implementation of regulations affecting vessels in U.S. waters necessary to promote recovery of such whales. Authorizes such Secretary to propose regulations for adoption at the International Maritime Organization to further implement recommendations contained within the Recovery Plan.Directs the Secretary to: (1) design a right whale research grant program; (2) continue discussions with Canada to coordinate whale programs; and (3) begin discussions with relevant organizations and nations for creating or amending agreements on management measures to reduce fishery interactions and for facilitating collection of information relevant to development of the priority action or recovery plan.Requires a National Oceanic and Atmospheric Administration report on actions and expenditures under the Recovery Plan, incidents of collisions and entanglements, preventive actions, recovery activity litigation, and demonstration project costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Trust Fund Amendments of 1993''. Sec. 2. Title II, section 201 of the Social Security Act (42 U.S.C. 401) is amended by deleting subsections (c) and (d) and inserting in lieu thereof the following: ``(c) Board of Trustees: Duties; Reports to Congress.--With respect to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this subchapter called the ``Trust Funds'') there is hereby created a body to be known as the Board of Trustees of the Trust Funds (hereinafter in this subchapter called the ``Board of Trustees'') which Board of Trustees shall be composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, all ex officio, and of eight members of the public (not more than four of whom may be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate. The terms of two of the members of the public shall expire each year. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member's term until the earlier of the time at which the member's successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member's term. The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees (hereinafter in this subchapter called the ``Managing Trustee''). The Commissioner of Social Security shall serve as Secretary of the Board of Trustees. The Board of Trustees shall meet not less frequently than ten times each calendar year. It shall be the duty of the Board of Trustees to-- ``(1) hold the Trust Funds; ``(2) report to the Congress not later than the first day of April of each year on the operation and status of the Trust Funds during the preceding fiscal year and on their expected operation and status during the next ensuing five fiscal years; ``(3) report immediately to the Congress whenever the Board of Trustees is of the opinion that the amount of either of the Trust Funds is unduly small; ``(4) recommend improvements in administrative procedures and policies designed to effectuate the proper coordination of the old-age and survivors insurance and Federal-State unemployment compensation program; ``(5) review the general policies followed in managing the Trust Funds, and recommend changes in such policies, including necessary changes in the provisions of the law which govern the way in which the Trust Funds are to be managed; and ``(6) approve the investment of funds and discharge their duties in a manner which is solely in the interest of the beneficiaries of the funds; and ``(A) for the exclusive purpose of-- ``(i) providing benefits for the beneficiaries; and ``(ii) defraying reasonable expenses of administering the fund; ``(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; ``(C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and ``(D) in accordance with the provisions of subsection (d) below. ``(d) Investments.--It shall be the duty of the Managing Trustee to invest such portion of the Trust Funds as is not, in his judgment, required to meet current withdrawals. Not more than one-fourth of such investments (based upon the cost at the time of investment) may be held in interest-bearing obligations of the United States. For such purpose such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of public-debt obligations for purchase by the Trust Funds. Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one-eighth of 1 per centum nearest such market yield. The Managing Trustee, with the approval of a majority of the Board of Trustees, shall invest the funds not required to meet current withdrawals and not invested in interest-bearing obligations of the United States described above, in other interest- bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price, and in bonds, debentures, and securities in accordance with the provisions of section (c).''.
Social Security Trust Fund Amendments of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that the Board of Trustees of the OASDI trust funds include eight members of the public, rather than two, and meet at least ten times each calendar year. Imposes a duty on the Board to use prudent person standards in overseeing the investment of OASDI funds for the exclusive purposes of providing benefits for OASDI beneficiaries and defraying reasonable expenses in administering such funds. Limits the proportion of such funds which may be invested in interest-bearing obligations of the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Loan Assistance Demonstration Program Act of 1995''. SEC. 2. ESTABLISHMENT AND SCOPE OF DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to demonstrate the effectiveness of encouraging economic development in enterprise communities by making grants to community development corporations for reducing interest rates on loans for economic development activities in the enterprise communities. (b) Selection of Enterprise Communities.-- (1) Number.--The Secretary shall carry out the demonstration program under this Act with respect to 5 enterprise communities, which the Secretary shall select not later than the expiration of the 30-day period beginning on the date of the enactment of this Act. (2) Diversity.--Of the enterprise communities selected under this subsection, not less than 2 shall be located in rural areas (as defined in section 1393(a) of the Internal Revenue Code of 1986) and not less than 2 shall be located in metropolitan statistical areas (within the meaning of section 143(k)(2)(B) of such Code). In selecting the enterprise communities, the Secretary shall provide for national geographic diversity among enterprise communities participating in the demonstration program. SEC. 3. GRANTS FOR ECONOMIC DEVELOPMENT LOAN ASSISTANCE. (a) Authority.--Under the demonstration program under this Act, the Secretary may make grants to any community development corporation sponsored by a bank or thrift institution, by a nonbank economic development corporation, or by residents of an enterprise community selected under section 2(b). (b) Use.--Each community development corporation receiving a grant under the demonstration program under this Act shall use the grant amounts to assist businesses and nonprofit organizations by reducing interest rates on loans for economic development activities carried out in an enterprise community selected under section 2(b). (c) Other Requirements.--The Secretary shall require each community development corporation receiving a grant under the demonstration program under this Act to-- (1) use the grant amounts to reduce the interest rate on a loan described in subsection (b) by an amount not to exceed 60 percent of the market rate of interest on such loan; and (2) take any actions necessary to inform businesses and nonprofit organizations of the availability of such loans, including holding informational meetings, making public announcements, and placing notices in newspapers and other publications. SEC. 4. MONITORING. The Secretary shall monitor the use of grants made under this Act and the costs of administering such grants. SEC. 5. REPORTS AND STUDY. (a) Annual Report.--The Secretary shall submit to the Congress, not later than 1 year after the date that amounts to carry out this Act are first made available under appropriations Acts and for each year thereafter in which amounts are available to carry out the demonstration program, a report containing an evaluation of the effectiveness of grants made under the demonstration program. (b) Study and Report on Expanded Program.-- (1) Study.--The Secretary shall conduct a study regarding the effects and costs of carrying out a long-term and expanded program of making grants for the purposes under this Act. The study shall determine the need for such grants and the amount of funds necessary to carry out an effective program of national scope. (2) Report.--The Secretary shall submit to the Congress, not later than September 30, 1998, a report regarding the results of the study under paragraph (1) and any recommendations for carrying out a program as described in paragraph (1). SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Economic development activities.--The term ``economic development activities'' means the construction and rehabilitation of housing, downtown and neighborhood commercial revitalization, industrial development and redevelopment, small and minority business assistance, neighborhood marketing, training, and technical assistance, research and planning for nonprofit development groups, and other activities which create permanent private sector jobs. (2) Enterprise community.--The term ``enterprise community'' means an area that is designated as an enterprise community under section 1391 of the Internal Revenue Code of 1986. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act in fiscal years 1996, 1997, and 1998 a total of $100,000,000. SEC. 8. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act.
Economic Development Loan Assistance Demonstration Program Act of 1995 - Directs the Secretary of Housing and Urban Development to establish a demonstration program (and authorizes loan assistance grants) to encourage economic development in five enterprise communities through grants to community development corporations for reducing interest rates on economic development loans. Authorizes appropriations.
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SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. The Congress finds and declares the following: (1) The Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (hereafter in this Act referred to as the ``Alaska Natives Commission'') was established by Public Law 101- 379 (42 U.S.C. 2991a note) following the publication in 1989 of the ``Report on the Status of Alaska Natives: A Call for Action'' by the Alaska Federation of Natives and after extensive congressional hearings which focused on the need for the first comprehensive assessment of the social, cultural, and economic condition of Alaska's 86,000 Natives since the enactment of the Alaska Native Claims Settlement Act, Public Law 92-203. (2) The 14-member Alaska Natives Commission held 15 regional hearings throughout Alaska between July 1992 and October 1993, and 2 statewide hearings in Anchorage coinciding with the Conventions of 1992 and 1993 of the Alaska Federation of Natives. In May 1994, the Alaska Natives Commission issued its 3 volume, 440 page report. As required by Public Law 101-379, the report was formally conveyed to the Congress, the President of the United States, and the Governor of Alaska. (3) The Alaska Natives Commission found that many Alaska Native individuals, families, and communities were experiencing a social, cultural, and economic crisis marked by rampant unemployment, lack of economic opportunity, alcohol abuse, depression, and morbidity and mortality rates that have been described by health care professionals as ``staggering''. (4) The Alaska Natives Commission found that due to the high rate of unemployment and lack of economic opportunities for Alaska Natives, government programs for the poor have become the foundation of many village economies. Displacing traditional Alaska Native social safety nets, these well-meaning programs have undermined the healthy interdependence and self-sufficiency of Native tribes and families and have put Native tribes and families at risk of becoming permanent dependencies of Government. (5) Despite these seemingly insurmountable problems, the Alaska Natives Commission found that Alaska Natives, building on the Alaska Native Claims Settlement Act, had begun a unique process of critical self-examination which, if supported by the United States Congress through innovative legislation, and effective public administration at all levels including traditional Native governance, could provide the basis for an Alaska Native social, cultural, economic, and spiritual renewal. (6) The Alaska Natives Commission recognized that the key to the future well-being of Alaska Natives lay in-- (A) the systematic resumption of responsibility by Alaska Natives for the well-being of their members, (B) the strengthening of their economies, (C) the strengthening, operation, and control of their systems of governance, social services, education, health care, and law enforcement, and (D) exercising rights they have from their special relationship with the Federal Government and as citizens of the United States and Alaska. (7) The Alaska Natives Commission recognized that the following 3 basic principles must be respected in addressing the myriad of problems facing Alaska Natives: (A) Self-reliance. (B) Self-determination. (C) Integrity of Native cultures. (8) There is a need to address the problems confronting Alaska Natives. This should be done rapidly, with certainty, and in conformity with the real economic, social, and cultural needs of Alaska Natives. (9) Congress retains and has exercised its constitutional authority over Native affairs in Alaska subsequent to the Treaty of Cession and does so now through this Act. SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY. (a) Findings.--The Congress finds and declares that-- (1) the Alaska Natives Commission adopted certain recommendations raising important policy questions which are unresolved in Alaska and which require further study and review before Congress considers legislation to implement solutions to address these recommendations; and (2) the Alaska Federation of Natives is the representative body of statewide Alaska Native interests best suited to further investigate and report to Congress with proposals to implement the recommendations of the Alaska Natives Commission. (b) Grant.--The Secretary of Health and Human Services shall make a grant to the Alaska Federation of Natives to conduct the study and submit the report required by this section. Such grant may only be made if the Alaska Federation of Natives agrees to abide by the requirements of this section. (c) Study.--Pursuant to subsection (b), the Alaska Federation of Natives shall-- (1) examine the recommendations of the Alaska Natives Commission; (2) examine initiatives in the United States, Canada, and elsewhere for successful ways that issues similar to the issues addressed by the Alaska Natives Commission have been addressed; (3) conduct hearings within the Alaska Native community on further ways in which the Commission's recommendations might be implemented; and (4) recommend enactment of specific provisions of law and other actions the Congress should take to implement such recommendations. (d) Consideration of Local Control.--In developing its recommendations pursuant to subsection (c)(4), the Alaska Federation of Natives shall give specific attention to the ways in which the recommendations may be achieved at the local level with maximum local control of the implementation of the recommendations. (e) Report.--Not later than 12 months after the date on which the grant is made under subsection (b), the Alaska Federation of Natives shall submit a report on the study conducted under this section, together with the recommendations developed pursuant to subsection (c)(4), to the President and the Congress and to the Governor and legislature of the State of Alaska. In addition, the Alaska Federation of Natives shall make the report available to Alaska Native villages and organizations and to the general public. (f) Authorization of Appropriations.--There is authorized to be appropriated $350,000 for the grant under subsection (b). (g) Additional State Funding.--The Congress encourages the State of Alaska to provide the additional funding necessary for the completion of the study under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Provides for the Alaska Federation of Natives to further investigate and report to the Congress with proposals to implement the recommendations of the Alaska Natives Commission. Directs the Secretary of Health and Human Services to make a grant to the Alaska Federation of Natives to carry out a study, conduct hearings, and report to the Congress, the President, and the governor and legislature of Alaska on proposals to implement the recommendations of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (Alaska Natives Commission). Authorizes appropriations. Requires consideration of maximizing local control of recommendation implementations. Encourages additional funding by Alaska for the completion of the study.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hygiene Assistance for Families of Infants and Toddlers Act of 2016''. SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. ``(a) In General.--The Secretary shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children address the diapering supply needs of such children. ``(b) Purpose.--The purpose of the diaper distribution demonstration project under this section is to identify new approaches to reduce the substantial cost of diapers and related supplies for low- income families and mitigate the health risks, including increased rates of depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers. ``(c) Application Requirements.--An entity desiring a grant under this section shall submit to the Secretary an application that includes the following: ``(1) A description of how the entity will use the grant funds in a cost-effective manner to develop a diaper distribution program that will provide sufficient diapers and diapering supplies to each participating family, and the mechanisms the entity has in place to ensure the safety and appropriateness of the diapers and diapering supplies provided to families. ``(2) A description of how the entity will coordinate with other State, Federal, and community-based programs and agencies (particularly other programs and agencies targeted at assisting infants, toddlers, or the parents or guardians of infants or toddlers) that provide benefits and services to families participating in the diaper distribution program, to integrate the distribution of diapers and diapering supplies with the delivery of such other benefits and services. ``(3) A description of how the entity will provide for the delivery of benefits under the diaper distribution program, which may include-- ``(A) cash assistance to be used to purchase diapers and diapering supplies; ``(B) vouchers, coupons, electronic benefit transfer systems, or any other non-cash method to be used to purchase diapers and diapering supplies, except that the entity may not require a store to cover the cost of any equipment, system, or processing required for any such method as a condition of participation in the program; ``(C) assistance in distributing diapers and diapering supplies from any programs or agencies the entity considers appropriate; ``(D) the distribution of diapers and diapering supplies at diaper banks or through other nonprofit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, including through the assistance of other State or Federal agencies that partner with such organizations to assist with diaper and diapering supply distribution; and ``(E) the distribution of diapers and diapering supplies at any other location or through any other means that will allow the entity to deliver diapers and diapering supplies to participating families without undue inconvenience. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a State or local governmental entity, an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization. ``(e) Use of Funds.--An entity to which a grant is made under this section shall use the grant funds to carry out a diaper distribution program in accordance with the grant application submitted under subsection (c) and approved by the Secretary. ``(f) No Effect on Other Programs.--Any assistance or benefits provided to a family pursuant to a grant made to a State under this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs- based program or State-funded needs based program that is financed in whole or in part with Federal funds. ``(g) Reports.--As a condition of receiving a grant under this section for a fiscal year, the entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies-- ``(1) the number of children and the number of families receiving assistance from the entity under the diaper assistance program for each month of the fiscal year, and the number of such children and families who also receive assistance during the fiscal year under other relevant public assistance programs, as determined by the Secretary; ``(2) the number of diapers, and the number of each type of diapering supply distributed under the diaper distribution program for each month of the fiscal year; and ``(3) the method or methods the entity uses to distribute diapers and diapering supplies. ``(h) Evaluation.--The Secretary, in consultation with each entity that receives a grant under this section, shall-- ``(1) not later than September 30, 2018-- ``(A) complete an evaluation of the effectiveness of the diaper distribution programs carried out pursuant to this section and of varying approaches for distributing diapers and diapering supplies used in such programs; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the Internet website of the Department of Health and Human Services; and ``(2)(A) not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (B)-- ``(i) submit to the relevant congressional committees a report describing the results of such evaluation; and ``(ii) update the website described in paragraph (1)(C) to include the results of such evaluation. ``(i) Definitions.--In this section: ``(1) The term `diaper' means an absorbent garment that is washable or disposable that is worn by a child who cannot control bladder or bowel movements, and, in the case of a washable diaper, provided together with the support necessary, such as washing instruction and troubleshooting, to ensure that such diapers will be properly cleaned and available for reuse. ``(2) The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash, and that the surrounding population is protected from harmful bacteria originating from dirty diapers. ``(3) The term `eligible child' means a child who-- ``(A) is not toilet-trained; ``(B) has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and ``(C) is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(4) The term `participating family' means a family that includes an eligible child participating in a diaper distribution program carried out pursuant to this section. ``(5) The term `toilet-trained' means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis. ``(j) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated for each of fiscal years 2017 through 2021 $75,000,000. ``(2) Availability of funds.--Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.''.
Hygiene Assistance for Families of Infants and Toddlers Act of 2016 This bill amends the Public Health Service Act to direct the Department of Health and Human Servicesto award grants to certain entities for demonstration projects that can help low-income families address the diapering supply needs of their children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Preparedness Standards Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Second Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction (also known as the Gilmore Commission) called for standards for emergency preparedness and response. (2) The National Strategy for Homeland Security calls for the issuance of standards for emergency preparedness and response. (3) The standard-setting activities called for in the Homeland Security Act of 2002 (Public Law 107-296) need to be accelerated and coordinated. (4) Actual preparedness against the threat of weapons of mass destruction is not being enhanced sufficiently. (5) The lack of standards for Federal, State, and local government emergency preparedness and response poses the risk of grant funds for emergency preparedness and response being wasted. SEC. 3. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 510. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS. ``(a) Requirement to Establish Standards.-- ``(1) In general.--The Secretary, in consultation with other Federal agencies, State and local emergency responder agencies and officials, and standard-setting bodies from the emergency responder community, shall establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment. ``(2) Content.--The Secretary shall design such standards to comply with the following: ``(A) Flexibility.--The standards shall be sufficiently flexible to allow local government officials to set priorities based on their needs, while reaching nationally determined preparedness levels within a fixed time period. ``(B) Measurable capabilities.--The standards shall be designed to develop emergency preparedness and response capabilities that are measurable and subject to Federal audit. ``(b) Determination of State and Local Government Minimum Essential Capability.--The Secretary shall-- ``(1) determine for each State the minimum essential emergency preparedness and response capability that should be achieved by the State, including State and local government emergency preparedness and response agencies of the State; and ``(2) measure for each State progress made by State and local government emergency preparedness and response agencies-- ``(A) in achieving the minimum essential capability determined for the State under paragraph (1); and ``(B) complying with standards issued by the Secretary under this section. ``(c) Improvement of Compliance With Standards.--To improve compliance with emergency preparedness and response capability standards under this section, the Secretary may-- ``(1) coordinate and consolidate the development by the Federal Government of standards for Federal, State, and local government for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment; ``(2) establish and coordinate an integrated capability for Federal, State, and local governments and emergency responders to plan for and address potential consequences of terrorism; ``(3) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments; ``(4) establish standards for a national, interoperable emergency communications and warning system; and ``(5) establish standards for training of first responders, and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction. ``(d) Consultation.--In carrying out activities under this section, the Secretary shall consult with relevant private sector groups, including-- ``(1) the National Fire Protection Association; ``(2) National Association of County and City Health Officials; ``(3) Association of State and Territorial Health Officials; and ``(4) American National Standards Institute. ``(e) Annual Report.--The Secretary shall, by not later than 9 months after the date of the enactment of this section and annually thereafter, report to the Congress, on a State-by-State basis, regarding-- ``(1) progress achieved, by grant and training programs administered by the Department, in-- ``(A) increasing State and local government terrorism preparedness; and ``(B) conforming such State and local government terrorism preparedness to applicable standards issued by Federal agencies; ``(2) when State and local government terrorism preparedness will conform to such standards; and ``(3) the amount of expenditures required for State and local government terrorism preparedness to conform to such standards.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 509 the following: ``Sec. 510. Emergency preparedness and response standards.''. SEC. 4. STANDARD WITH RESPECT TO WEAPONS OF MASS DESTRUCTION. The Secretary of Homeland Security shall, pursuant to the amendment made by section 3, include in the fiscal year 2005 budget request for the Department of Homeland Security a minimum essential emergency preparedness and response capability standard with respect to weapons of mass destruction- and terrorism-related disaster equipment and training, separately-- (1) for metropolitan areas, expressed per 100,000 persons in a metropolitan area; and (2) for rural areas.
National Preparedness Standards Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, including standards and guidelines for training, interoperable communication systems, and response equipment. Requires such standards to be: (1) sufficiently flexible to allow local government officials to set priorities based on their needs, while reaching nationally-determined preparedness levels within a fixed time period; and (2) measurable and subject to Federal audit. Directs the Secretary to: (1) determine minimum essential emergency preparedness and response capabilities for each State; (2) measure the progress of each State in achieving such capabilities and in complying with standards issued by the Secretary; and (3) include in the FY 2005 budget request for the Department of Homeland Security a separate minimum essential emergency preparedness and response capability standard for metropolitan areas and for rural areas with respect to weapons of mass destruction and terrorism-related disaster equipment and training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Restoration Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The right to vote is guaranteed in the United States Constitution for all citizens. The right to vote in all governmental elections shall not be abridged or denied on the basis of race, sex, color, or previous conditions of servitude. Congress has ultimate supervisory power over Federal elections, and this authority has been upheld by the United States Supreme Court on numerous occasions. (2) There is no uniform eligibility standard for participating in Federal elections. Different States have different rules regarding the voting eligibility of ex-felons. While 48 States and the District of Columbia prohibit the voting participation of inmates while serving their sentences, 13 States disenfranchise some or all ex-offenders who have completed their sentences. Even in States that allow ex- offenders to vote, the process by which they regain that right makes it difficult for them to vote again. For example, in 8 States, a pardon or order from the Governor is required. In 2 States, the parole or pardon board must act. In addition, in 16 States Federal offenders are not able to regain their right to vote via the State procedure. Instead, those offenders must obtain a Presidential pardon. (3) An estimated 3,900,000 Americans, or approximately 2 percent of the adult population, currently are ineligible to vote as a result of felony conviction. Three-fourths of the disqualified voters are on probation or parole, or are ex- offenders. (4) In recent years, the number of incarcerated individuals has grown exponentially, due in part to onerous drug policies enacted by this body. Current studies point to the fact that 1 in 4 prison inmates in 1998 was incarcerated for a drug offense (compared to 1 in 10 in 1983), and that drug offenders constituted 58 percent of 1998 Federal prison inmates in 1998. The harsh drug laws are not just affecting our men; more than one-third of the women in prison are incarcerated for a drug offense. Overwhelmingly, these drug offenses are nonviolent. Moreover, the racially disparate sentencing laws regarding crack and powder cocaine have resulted in African-Americans being 31 percent of those convicted for Federal drug charges, even though they are only 12 percent of the United States population and 15 percent of drug users. (5) Minorities are disproportionately impacted by laws that remove a felon or ex-felon's right to vote. Currently 1,400,000, or 13 percent, of African-American men are barred from participating in Federal elections as a result of a felony conviction. (6) Congress should address these discrepancies and the impact they are having on minority communities. All Americans should be afforded the right to vote in Federal election, under basic principles of fundamental fairness and equal protection. (b) Purpose.--It is the purpose of this Act to restore the eligibility to vote and register to vote in Federal elections to individuals who have completed sentences for criminal offenses and promote the participation of such individuals in the civic life of their communities. SEC. 3. PROTECTION OF RIGHT TO VOTE AND REGISTER TO VOTE IN FEDERAL ELECTIONS. (a) In General.--The right of any individual to vote in an election for Federal office or to register to vote in such an election may not be denied or abridged on the grounds that the individual has been convicted of a felony, except that a State may restrict the right of such an individual to vote or register to vote in such an election during any period in which the individual remains under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation). (b) Enforcement.-- (1) Private right of action.-- (A) Declaratory or injunctive relief.--(i) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (ii) If the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred during the 120-day period which ends on the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (iii) If the violation occurred during the 30-day period which ends on the date of an election for Federal office, the aggrieved person shall not be required to provide notice to the chief election official under clause (i) as a condition of bringing a civil action under clause (ii). (B) Compensatory damages.--If a violation of this Act occurs during the 3-day period which ends on the date of an election for Federal office, a civil action brought under subparagraph (A)(ii) may include a request for compensatory damages with respect to the violation. (2) Action by attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to remedy a violation of this Act. SEC. 4. GRANT PROGRAM TO ASSIST STATES IN PROTECTING RIGHTS OF EX- FELONS TO VOTE AND REGISTER TO VOTE IN FEDERAL ELECTIONS. (a) Establishment of Program.-- (1) In general.--There is hereby established a program under which the Attorney General shall award grants to eligible States during each of the first 5 fiscal years which begin after the date of the enactment of this Act to carry out a program to protect the rights of individuals who have been convicted of felonies to vote and register to vote in elections for Federal office in the State by-- (A) providing information to individuals convicted of felonies regarding their eligibility (or lack thereof) to register to vote and vote in the State (in accordance with the requirements of subsection (b)); and (B) carrying out a program to increase voter registration rates among such individuals (in accordance with the requirements of subsection (c)). (2) Eligibility requirements.--A State is eligible to receive a grant under the program under this section if it submits to the Attorney General (at such time and in such form as the Attorney General may require) an application containing-- (A) information and assurances that the State will carry out the program described in paragraph (1); and (B) such other information and assurances as the Attorney General may require. (3) Amount of grant.--The amount of a grant awarded to a State under this section for a fiscal year shall be equal to the product of-- (A) the total amount appropriated for the year for grants under this section; and (B) the amount (expressed as a percentage) equal to-- (i) the number of individuals residing in the State who have been convicted of felonies (based on the most recent information available); and (ii) the total number of such individuals residing in all States eligible to receive a grant under this section for the year (based on the most recent information available). (b) Program To Provide Information to Felons Regarding Voter Registration and Voting Rights and Status.-- (1) Requirements of program.--Each State receiving a grant under the program under this Act shall provide information to individuals convicted of felonies by the State (or local jurisdictions in the State) regarding their eligibility (or lack thereof) to register to vote and vote in the State through a program which meets the following requirements: (A) The program shall include the establishment and maintenance of an index of individuals convicted of felonies by the State (or local jurisdictions in the State) who are under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation), or who were released from the custody or supervision of the State or local jurisdiction during the previous 10 years, including information with respect to each such individual regarding whether the individual has the right to register to vote in the State and whether the individual has exercised that right. (B) The State shall inform each individual engaged in plea bargaining with a State or local prosecutor of the impact of any proposed plea bargain on the individual's right to register to vote and vote. (C) The State shall inform each individual convicted of a felony of the individual's eligibility (or lack thereof) to register to vote and vote upon conviction, upon release from the custody of the State or local government, and upon the completion of any State or local supervision of the individual required as part of the individual's sentence. (D) The State shall carry out appropriate activities to notify such individuals of their right to register to vote and vote (in addition to the information required to be provided under subparagraph (C)), including providing information through the media, the Internet, the mails, and through cooperative agreements with public or private entities providing services or otherwise having contact with convicted felons. (2) Report to attorney general.--Each State receiving a grant for a year under the program under this Act shall submit a report to the Attorney General not later than 30 days after the end of the year describing the activities carried out under the program described in this subsection, and shall include in the report the number and percentage of individuals subject to such program who have been directly informed of their right to register to vote (or lack thereof). (3) Reduction in number of felonies causing loss of voting rights.--Each State receiving a grant under the program under this Act is encouraged to reduce the number of felonies which may result in the temporary or permanent disenfranchisement of convicted felons. (c) Program To Increase Voter Registration Rates Among Individuals Convicted of Felonies.-- (1) Requirements of program.--Each State receiving a grant under the program under this Act shall carry out a program to increase voter registration rates among individuals in the State convicted of felonies using such methods as the State considers appropriate and effective, so long as the program meets the following requirements: (A) The program shall include the establishment and maintenance of an index of individuals convicted of felonies who are eligible to register to vote in the State, including information on the number of such individuals who are registered to vote. (B) Under the program, the State shall carry out such activities as it considers appropriate to increase the voter registration rates of individuals convicted of felonies, so long as the rate at which such individuals are registered to vote in the State increases by at least 50% during the 5-year period which begins with the first year for which a State receives a grant under the program under this Act. (C) Under the program, the State shall carry out such activities as it considers appropriate to increase the rate at which individuals convicted of felonies who are registered to vote in the State actually vote in elections. (2) Assistance of providers of services.--In carrying out the program required under this subsection, the State shall seek to enter into cooperative agreements with public and private entities which provide services in the State to individuals convicted of felonies and utilize information and other assistance provided by such entities to meet the requirements of this subsection. (3) Report to attorney general.--Each State receiving a grant under the program under this Act for a year shall submit a report to the Attorney General not later than 30 days after the end of the year describing the activities carried out under the program described in this subsection, and shall include in the report the number and percentage of individuals in the State convicted of felonies who are registered to vote and who voted in the most recent elections held in the State. (d) Technical Assistance.--The Attorney General shall provide technical assistance to States receiving grants under the program under this Act to help the States in carrying out the programs funded with the grants. (e) Annual Report.--Not later than 30 days after the end of each year for which grants are awarded under the program under this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and Senate on the activities carried out under the program, including the information provided to the Attorney General by the States participating in the program. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for grants under this section for each of the first 5 fiscal years which begin after the date of the enactment of this Act. SEC. 5. RESPONSIBILITIES OF DEPARTMENT OF JUSTICE REGARDING INDIVIDUALS CONVICTED OF FEDERAL FELONIES. (a) Index of Individuals Convicted.--The Attorney General, acting through the Director of the Bureau of Prisons, shall establish and maintain an index of individuals convicted of felonies by the Federal Government who are under the custody or supervision of the Federal Government (including supervision through parole or probation), or who were released from the custody or supervision of the Federal Government during the previous 10 years. (b) Notice Requirement.--The Attorney General shall inform-- (1) each individual engaged in plea bargaining with a Federal prosecutor of the impact of any proposed plea bargain on the individual's right to register to vote and vote; and (2) each individual convicted of a felony of the individual's right to register to vote and vote (or lack thereof) upon conviction, upon release from the custody of the Federal Government, and upon the completion of any Federal or other supervision of the individual required as part of the individual's sentence. (c) Report to Congress.--Not later than 30 days after the end of each year, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and Senate describing the activities carried out pursuant to this section, and shall include in the report the number and percentage of the individuals described in this section who have been directly informed by the Attorney General of their right to register to vote and vote (or lack thereof). SEC. 6. DEFINITIONS. In this Act-- (1) the term ``chief election official'' means (with respect to a State) the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act; (2) the terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431); and (3) the term ``State'' means each of the several States, the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands. SEC. 7. RELATION TO OTHER LAWS. (a) No Effect on Other Elections.--Nothing in this Act may be construed to affect the eligibility of any individual to vote or register to vote in any election other than an election for Federal office. (b) No Effect on Voting Rights Act and National Voter Registration Act.--The rights and remedies established by this Act shall be in addition to any other rights and remedies provided by law. No provision of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) shall be superseded, restricted, or otherwise limited by the rights and remedies established by this Act or any other provision of this Act.
Voting Restoration Act - Prohibits the denial or abridgement of the right of any individual to vote or to register to vote in an election for Federal office on the grounds of a felony conviction. Permits a State, however, to restrict such an individual's right to vote or register to vote during any period in which the individual remains under the custody or supervision of the State or local jurisdiction (including supervision through parole or probation). Establishes an enforcement mechanism, which includes authorizing: (1) a person aggrieved by a violation of this Act to bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation which may include a request for compensatory damages under specified conditions; and (2) the Attorney General to bring a civil action in an appropriate district court for such declaratory or injunctive relief as necessary to remedy a violation of this Act.Directs the Attorney General to award grants to eligible States to carry out a program to protect the right to vote and to register to vote in Federal elections of individuals who have been convicted of felonies.Requires each State receiving a grant to: (1) provide information to individuals convicted of felonies by the State (or local jurisdictions in the State) regarding their eligibility (or lack thereof) to register to vote and to vote in the State through a described program; and (2) carry out a program to increase voter registration rates among such individuals.Encourages States receiving program grants to reduce the number of felonies which may result in the temporary or permanent disenfranchisement of convicted felons.Outlines the responsibilities of the Department of Justice regarding individuals convicted of Federal felonies, including requiring the Attorney General to establish and to maintain an index of individuals convicted of felonies by the Federal Government who are under its custody or supervision (including supervision through parole or probation), or who were released from its custody or supervision during the previous ten years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Library Donation Reform Act of 2013''. SEC. 2. PRESIDENTIAL LIBRARIES. (a) In General.--Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(h) Presidential Library Fundraising Organization Reporting Requirement.-- ``(1) Reporting requirement.--Not later than 15 days after the end of a calendar quarter and until the end of the requirement period described in paragraph (2), each Presidential library fundraising organization shall submit to the Archivist information for that quarter in an electronic searchable and sortable format with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. ``(2) Duration of reporting requirement.--The requirement to submit information under paragraph (1) shall continue until the later of the following occurs: ``(A) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established. ``(B) The President whose archives are contained in the deposit no longer holds the Office of President. ``(3) Information required to be published.--The Archivist shall publish on the website of the National Archives and Records Administration, within 30 days after each quarterly filing, any information that is submitted under paragraph (1), without a fee or other access charge, in a searchable, sortable, and downloadable database. ``(4) Submission of false material information prohibited.-- ``(A) Individual.-- ``(i) Prohibition.--It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(B) Organization.-- ``(i) Prohibition.--It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). ``(ii) Penalty.--The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. ``(5) Prohibition on contribution.-- ``(A) In general.--It shall be unlawful for a person to knowingly and willfully-- ``(i) make a contribution described in paragraph (1) in the name of another person; ``(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or ``(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. ``(B) Penalty.--The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). ``(6) Regulations required.--The Archivist shall promulgate regulations for the purpose of carrying out this subsection. ``(7) Definitions.--In this subsection: ``(A) Information.--The term `information' means the following: ``(i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. ``(ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. ``(iii) If the source of such a contribution is an individual, the occupation of the individual. ``(iv) The date of each such contribution. ``(B) Presidential library fundraising organization.--The term `Presidential library fundraising organization' means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at-- ``(i) a Presidential archival depository; or ``(ii) any facilities relating to a Presidential archival depository.''. (b) Applicability.--Section 2112(h) of title 44, United States Code (as added by subsection (a))-- (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on, or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act.
. Presidential Library Donation Reform Act of 2013 - Amends federal law regarding presidential archival depositories to require any presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. Requires the Archivist of the United States to publish such information on the website of the National Archives within 30 days after each quarterly filing. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit false information or omit material information. Prescribes criminal penalties for violation of such prohibitions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Revolving Door Restriction Act of 2015''. SEC. 2. ONE-YEAR EMPLOYMENT RESTRICTION RELATED TO ENFORCEMENT MATTERS. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 4E the following new section: ``SEC. 4F. ONE-YEAR EMPLOYMENT RESTRICTION RELATED TO ENFORCEMENT MATTERS AND REQUIRED ETHICS OPINIONS. ``(a) One-Year Employment Restriction.--Any person who is an employee of the Commission and who, within 1 year after the termination of such employment with the Commission, works for any company or individual against whom the Commission brought an enforcement action, where such action (or a waiver related to such action) was brought within the previous 18 months and was participated on by such person, shall be subject to the same penalties as provided for in section 216 of title 18, United States Code, for offenses described in that section. ``(b) Required Ethics Opinion.-- ``(1) In general.--Any person who is an employee of the Commission and who, within 1 year after the termination of such employment with the Commission, seeks to work for any company or individual against whom the Commission brought an enforcement action (or issued a waiver related to such action) where such action (or waiver) was participated on by such person, shall first receive an ethics opinion from the Commission. ``(2) Ethics opinion.-- ``(A) Content.--The ethics opinion described in paragraph (1) shall include a determination of whether such person should be permitted to work for such company or individual. ``(B) Determination requirements.--The Commission may not determine, under subparagraph (A), that such person should be permitted to work for such company or individual unless the Commission finds that-- ``(i) there would be no appearance of impropriety for such person to work for such company or individual; ``(ii) no material advantage would be gained by such company or individual because such person participated on an enforcement action (or a waiver related to such action); and ``(iii) the integrity of any ongoing enforcement action participated on by such person is not diminished by such person going to work for such company or individual. ``(C) Regulations.--The Chairman of the Commission shall provide for regulations for the issuance of ethics opinions under this subsection. ``(3) Penalties.--A person shall be subject to the same penalties as provided for in section 216 of title 18, United States Code, for offenses described in that section, if such person-- ``(A) receives an ethics opinion under paragraph (1), where such ethics opinion states that such person should not be permitted to work for a particular company or individual; and ``(B) within 1 year after the termination of such person's employment with the Commission, the person works for such company or individual. ``(c) Exception for Non-Professional Staff.--The provisions of this section shall not apply to a person who is a non-professional staff employee of the Commission. ``(d) Definitions.--For purposes of this section: ``(1) Enforcement action.--The term `enforcement action' means such court actions, administrative proceedings, Commission opinions, and other actions, as the Commission may determine appropriate. ``(2) Participated on.--With respect to an enforcement action (or a waiver related to such action) and a person, the term `participated on' means the person either-- ``(A) participated personally in the enforcement action (or waiver related to such action); or ``(B) knew or reasonably should have known that the enforcement action (or waiver related to such action) was under his or her official responsibility as an employee of the Commission. ``(3) Work for.--The term `work for' means-- ``(A) employed by; ``(B) volunteers for; ``(C) lobbies on behalf of; or ``(D) consults for.''. (b) Report.--One year after the date of the enactment of this Act, the Chairman of the Securities and Exchange Commission shall submit a report to the Congress analyzing the impact that the provisions of this Act have had on recruitment and retention of employees by the Securities and Exchange Commission. (c) Effective Date.--The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.
SEC Revolving Door Restriction Act of 2015 This bill amends the Securities Exchange Act of 1934 to subject to federal criminal penalties for bribery, graft, and conflicts of interest an ex-employee of the Securities and Exchange Commission (SEC) who, within one year after ending employment with the SEC, works for any company or individual against whom the SEC brought an enforcement action (or a related waiver) within the previous 18 months and the ex-employee participated in that action. Any employee who seeks to work for such a company or individual must first receive an ethics opinion from the SEC on whether permission to do so should be granted. Non-professional SEC staff are exempt from this employment prohibition.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Useful Initiatives for Indian Land Development Act of 2017'' or the ``BUIILD Act of 2017''. SEC. 2. ENVIRONMENTAL REVIEW. Section 105 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following: ``(e) Consolidation of Environmental Review Requirements.-- ``(1) In general.--If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202, where grant amounts under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the recipient's tribe may, in addition to assuming all of the responsibilities for environmental review, decisionmaking, and action pursuant to subsection (a), assume all of the additional responsibilities for environmental review, decisionmaking, and action under provisions of law that would apply to the Federal agencies that are the other sources of Federal funds for the project. ``(2) Discharge.--A tribe's compliance with the additional responsibilities described in paragraph (1), as well as the review requirements under the National Environmental Policy Act of 1969 and related laws specified in regulations issued under this section with regard to such project shall be deemed to discharge the responsibility of such other Federal agencies for compliance with any applicable environmental review requirements with respect to such project. ``(3) Certification.--In the case of a tribe that assumes additional responsibilities described in paragraph (1), the certification under subsection (c) shall, in addition to the content required under subsection (c), specify-- ``(A) the additional responsibilities that the tribe has fully carried out under this subsection; and ``(B) that the certifying officer consents to assume the status of a responsible Federal official under such additional provisions of law. ``(4) Liability.-- ``(A) In general.--A tribe that completes an environmental review pursuant to this subsection shall assume sole liability for the content and quality of the review. ``(B) Remedies and sanctions.--In the event that the Secretary has approved a certification and release of funds for a project in accordance with subsection (b), but the Secretary or another funding Federal agency subsequently learns that a tribe failed to carry out its responsibilities as described in subsection (a), the appropriate remedies and sanctions may be imposed in accordance with regulations issued pursuant to section 106, or in accordance with other sources of Federal funds assisting the project. ``(C) Statutory violation waivers.--In the event that a statutory violation waiver request is made under subsection (d) and is approved by the Secretary, such approval of the waiver request shall discharge other sources of Federal funds assisting the project from imposing remedies or sanctions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 108 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4117) is amended in the first sentence by striking ``2009 through 2013'' and inserting ``2018 through 2025''. SEC. 4. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES. Section 702 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4211) is amended-- (1) in the section heading, by striking ``50'' and inserting ``99''; (2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and (3) in subsection (c)-- (A) in paragraph (1), by inserting ``(in effect before, on, or after the date of enactment of the Bringing Useful Initiatives for Indian Land Development Act of 2017)'' after ``law''; and (B) in paragraph (2), by striking ``50 years'' and inserting ``99 years''. SEC. 5. TRAINING AND TECHNICAL ASSISTANCE. Section 703 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4212) is amended to read as follows: ``SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. ``There are authorized to be appropriated for assistance for providing training and technical assistance to Indian tribes and tribally designated housing entities such sums as may be necessary for each of fiscal years 2018 through 2025. Such assistance shall be made available to training and technical assistance providers.''. SEC. 6. LOAN GUARANTEES FOR INDIAN HOUSING. Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is amended-- (1) in paragraph (5)-- (A) in subparagraph (B), by inserting after the period at the end of the first sentence the following: ``There are authorized to be appropriated for those costs $12,200,000 for each of fiscal years 2018 through 2025.''; and (B) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2018 through 2025''; and (2) in paragraph (7), by striking ``2008 through 2012'' and inserting ``2018 through 2025''. SEC. 7. LEVERAGING. All funds provided under a grant made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.
Bringing Useful Initiatives for Indian Land Development Act of 2017 or BUIILD Act of 2017 This bill amends the Native American Housing Assistance and Self-Determination Act of 1996 to modify the environmental review process used for certain affordable housing activities on Indian reservations. Specifically, the bill allows an Indian tribe that receives federal funds in addition to block grant amounts under the Act to assume all of the responsibilities for environmental review that would apply to the federal agencies providing funds for the project if the grant amount constitutes the largest single source of federal funds that the tribe reasonably expects to commit to the project at the time of environmental review. The bill reauthorizes through FY2025 the block grant program for affordable housing activities on Indian reservations, training and technical assistance for Indian tribes and tribally designated housing entities, and the Indian Housing Loan Guarantee Fund. In addition, the bill increases from 50 years to 99 years the term that tribal trusts or restricted lands may be leased for housing development and residential purposes. Funds provided under a grant under the Act may be used to meet matching or cost participation requirements under other federal or nonfederal programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Manage Act of 2001'' SEC. 2. PRESIDENTIAL TRANSMISSION OF ``FREEDOM TO MANAGE'' LEGISLATIVE PROPOSALS. (a) In General.--Whenever the President transmits a set of legislative proposals to Congress in accordance with the requirements of subsections (b) and (c) of this section, the congressional consideration of those legislative proposals shall be governed by section 3 of this Act. The President may transmit one or more sets of legislative proposals to Congress for congressional consideration under section 3 of this Act. (b) Format of Legislative Proposals.--A set of legislative proposals shall be in the form of a bill, consisting of up to four sections. (1) One of the sections may consist of repeals of existing law. Such a section shall be entitled ``Repeals.'', shall begin with the introductory phrase ``The following provisions of law are repealed:'', and shall then set forth the citations to each of the provisions of law to be repealed. (2) Another of the sections may consist of amendments to existing law. Such a section shall be entitled ``Amendments.'', shall begin with the introductory phrase ``The following provisions of law are amended as follows:'', and shall then set forth each of the provisions of law and how it is proposed to be amended. (3) Another of the sections may consist of new authorities. Such a section shall be entitled ``New Authorities.'', shall begin with the introductory phrase ``The following provisions are enacted into law:'', and shall then set forth each of the provisions to be enacted into law. (4) A final section shall set forth the effective date (or dates) of the repeals, amendments and enactments made in the prior sections, and include any ``transition'' and ``savings'' provisions that are determined to be necessary or appropriate in connection with carrying out these repeals, amendments, and enactments. (c) Subject of Legislative Proposals.--The President's legislative proposals under this section may only relate to the elimination or reduction of barriers to efficient government operations that are posed by existing laws that apply to one or more agencies, including government-wide laws, or new authorities that will allow for more efficient government operations. (d) Accompanying Message To Congress.--When transmitting legislative proposals under this section, the President shall also transmit an accompanying Message to Congress that provides an explanation for each of his legislative proposals and its expected impact on Federal operations. In the Message, the President shall expressly state that he is making the transmission in accordance with section 2 of the Freedom to Manage Act. (e) Publication.--The Clerk of the House of Representatives and the Secretary of the Senate shall ensure that the President's set of legislative proposals and accompanying Message to Congress are printed as a document of each House. SEC. 3. CONGRESSIONAL CONSIDERATION OF THE PRESIDENT'S ``FREEDOM TO MANAGE'' LEGISLATIVE PROPOSALS. (a) Definitions.-- (1) Resolution of approval.--For the purposes of this section, the term ``resolution'' means only a joint resolution which is introduced within the 10 legislative days beginning on the date on which the President transmits his legislative proposals to the Congress under section 2 of this Act, and-- (A) which does not have a preamble; (B) the title of which is as follows: ``Joint resolution approving the legislative proposals of the President under the Freedom to Manage Act.''; (C) the matter after the resolving clause of which is as follows: ``That Congress approves the legislative proposals of the President, as follows, that were transmitted on ________ under the Freedom to Manage Act:'', the blank space being filled in with the appropriate date; and (D) the remaining text which consists of the complete text of the President's legislative proposals submitted under section 2 of this Act. (2) Legislative day.--For the purposes of this section, the term ``legislative day'' refers to any day on which either House of Congress is in session. (b) Introduction of Resolution of Approval.--In order for the resolution to be considered under the procedures set forth in this section, the resolution must meet the definition set forth in subsection (a) and must be introduced no later than 10 legislative days after the President transmits his legislative proposals to the Congress under section 2 of this Act. (c) Referral of Resolution of Approval.--A resolution of approval for the President's legislative proposals transmitted under section 2 of this Act shall be referred to the Committee on Governmental Affairs in the Senate and the Committee on Government Reform in the House of Representatives. (d) Consideration in the House of Representatives.-- (1) The Committee on Government Reform shall report the resolution without amendment, and with or without recommendation, not later than the 30th legislative day after the date of its introduction. If the committee fails to report the resolution within that period, it is thereafter in order for a Member to move that the House discharge the committee from further consideration of the resolution. A motion to discharge may be made only by a Member favoring the resolution (but only at a time or place designated by the Speaker in the legislative schedule of the day after the calendar day on which the Member offering the motion announces to the House his intention to do so and the form of the motion). The motion is privileged. Debate thereon shall be limited to not more than one hour, the time to be divided in the House equally between a proponent and an opponent. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (2) After the approval resolution is reported or the committee has been discharged from further consideration, it shall be in order to consider the resolution in the House. If the resolution is reported and the report has been available for at least one calendar day, all points of order against the resolution and against consideration of the resolution are waived. If the committee has been discharged from further consideration of the resolution, all points of order against the resolution and against consideration of the resolution are waived. The motion is privileged. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. During consideration of the resolution in the House, the first reading of the bill shall be dispensed with. Debate on the resolution shall be confined to the resolution, and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the resolution. Amendments to the resolution are not in order. Only one motion to rise shall be in order, except if offered by the manager. The previous question shall be considered as ordered on the resolution without intervening motion. A motion to reconsider the vote on passage of the resolution shall not be in order. (3) Appeals from decisions of the Chair regarding application of the rules of the House of Representatives to the procedure relating to the approval resolution shall be decided without debate. (4) Consideration of senate message.--Consideration in the House of all motions or appeals necessary to dispose of a message from the Senate on the resolution shall be limited to not more than one hour. Debate on each motion shall be limited to 20 minutes. Debate on any appeal or point of order that is submitted in connection with the disposition of the Senate message shall be limited to 10 minutes. Any time for debate shall be equally divided and controlled by the proponent and the majority manager, unless the majority manager is a proponent of the motion, appeal, or point of order, in which case the minority manager shall be in control of the time in opposition. (e) Consideration in the Senate.-- (1) The Committee on Governmental Affairs shall report the resolution not later than the 30th legislative day following the date of introduction of the resolution. If the committee fails to report the resolution within that period, the committee shall be automatically discharged from further consideration of the resolution and the resolution shall be placed on the Calendar. (2) Resolution of approval from house.--When the Senate receives from the House of Representatives the approval resolution, such resolution shall not be referred to committee and shall be placed on the Calendar. (3) Motion nondebatable.--A motion to proceed to consideration of the resolution under this subsection shall not be debatable It shall not be in order to move to reconsider the vote by which the motion to proceed was adopted or rejected, although subsequent motions to proceed may be made under this paragraph. (4) Limit on consideration.-- (A) Amendments to the resolution are not in order. (B) After no more than 10 hours of consideration of the resolution, the Senate shall proceed, without intervening action or debate, to vote on the final disposition thereof to the exclusion of all motions, except a motion to reconsider or to table. (C) A single motion to extend the time for consideration under subparagraph (B) for no more than an additional five hours is in order prior to the expiration of such time and shall be decided without debate. (D) The time for debate on the resolution shall be equally divided between the Majority Leader and the Minority Leader or their designees. (5) No motion to recommit.--A motion to recommit the resolution shall not be in order. (6) Consideration of house message.--Consideration in the Senate of all motions or appeals necessary to dispose of a message from the House of Representatives on the resolution shall be limited to not more than four hours. Debate on each motion shall be limited to 30 minutes. Debate on any appeal or point of order that is submitted in connection with the disposition of the House message shall be limited to 20 minutes. Any time for debate shall be equally divided and controlled by the proponent and the majority manager, unless the majority manager is a proponent of the motion, appeal, or point of order, in which case the minority manager shall be in control of the time in opposition. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Freedom to Manage Act of 2001 - Sets forth procedures for expedited congressional consideration of legislative proposals from the President to: (1) repeal or amend existing law applicable to one or more agencies in order to eliminate or reduce barriers to efficient government operations; or (2) introduce new authorities to allow for more efficient operations.
{"src": "billsum_train", "title": "A bill to provide for expedited congressional consideration of \"Freedom to Manage\" legislative proposals transmitted by the President to Congress to eliminate or reduce barriers to efficient government operations that are posed by laws that apply to one or more agencies, including government-wide laws."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Park Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the United States steel industry; (2) a large proportion of the buildings and other structures in the Commonwealth are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge; and (3) despite substantial efforts by the Commonwealth, as well as individuals and public and private entities in the Commonwealth, to preserve and interpret these significant historical and cultural buildings and structures, such buildings and structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to provide for the preservation, development, interpretation, and use of the nationally significant historical and cultural buildings, structures, and sites described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Pennsylvania. (2) Park.--The term ``park'' means the Steel Industry National Historic Park established by section 4. (3) Plan.--The term ``plan'' means the management plan for the park required under section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC PARK. (a) Establishment.--There is established as a unit of the National Park System the Steel Industry National Historic Park in the Commonwealth. (b) Components.--The park shall consist of land and interests in land comprising the former United States Steel Homestead Works, including-- (1) the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel Mill; (2) the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/ Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house; (3) the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall; and (4) all other property included in the park-- (A) by Federal law; or (B) acquired by the Secretary for inclusion in the park under section 5 or other Federal law. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire-- (1) land and interests in land described in paragraphs (1), (2), or (3) of section 4(b); and (2) not more than 10 acres of land adjacent to, or in the general vicinity of, the property described in paragraphs (1), (2), or (3) of section 4(b), for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the park. (c) Means.--An acquisition of real property or personal property shall be made by donation. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer the park in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--The Secretary may enter into cooperative agreements with interested public and private entities and individuals to carry out this Act. (2) Reimbursement.--A payment made by the Secretary under the terms of a cooperative agreement entered into under this subsection shall be subject to an agreement that if at any time the project assisted is converted, used, or disposed of in a manner that is contrary to the purposes of this Act, as determined by the Secretary, the interested entity or individual shall reimburse the Secretary for the greater of-- (A) the amount of assistance provided for the project; or (B) the portion of the increased value of the project that is attributable to that assistance, determined as of the date of the conversion, use, or disposal. (c) Technical Assistance.--The Secretary may provide to any person technical assistance for-- (1) preserving historic structures of the park; (2) maintaining the cultural landscape of the park; and (3) local preservation planning for the park. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall-- (1) prepare a plan for the park; and (2) submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (b) Consultation With Local Officials.--In preparing the plan under subsection (a)(1), the Secretary shall consult with-- (1) a representative of each political subdivision of the Commonwealth that has jurisdiction over all or a portion of the park; and (2) a representative of the Steel Industry Heritage Corporation.
Steel Industry National Historic Park Act - Establishes the Steel Industry National Historic Park in Pennsylvania as a National Park System unit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Rape Victims and Improving Use of DNA Evidence Act of 2010''. SEC. 2. INCENTIVE FUNDS UNDER THE BYRNE GRANT PROGRAM FOR STATES AND UNITS OF LOCAL GOVERNMENT THAT PROVIDE CERTAIN SERVICES TO VICTIMS OF SEXUAL ASSAULT. Section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3754) is amended by adding at the end the following new subsection: ``(i) Incentive Funds for Providing Certain Services to Victims of Sexual Assault and Establishing Rape Kit Databases.-- ``(1) In general.--The amounts allocated under this section to a State or unit of local government for a fiscal year (beginning with the first fiscal year that begins at least one year from the date of the enactment of this subsection) shall be increased by 10 percent if such State or unit of local government provides and certifies in accordance with such standards as the Attorney General may require, that the State or unit of local government had in effect, for the previous fiscal year, each of the following: ``(A) Examination and testing of rape kit.--A process to provide to each victim of sexual assault, with respect to an act of sexual assault over which the State or unit of local government has jurisdiction, each of the following: ``(i) Examination by a qualified sexual assault nurse examiner to collect a rape kit from such victim. ``(ii) Testing of any rape kit collected from such victim and the furnishing of any results from such test to the victim not later than 180 days after the date on which such testing was requested. ``(B) Rape kit database.--A database developed and maintained by such State or unit of local government related to rape kits collected, in connection with acts of sexual assault over which the State or unit of local government has jurisdiction, from victims of such acts that complies with the following requirements: ``(i) The database, for each rape kit collected from each victim of sexual assault, provides for the following: ``(I) Identifies such rape kit by a unique identifying number. ``(II) The database contains information on the date and location of each of the following: ``(aa) The act of sexual assault for which such rape kit was collected. ``(bb) The medical examination conducted from which such rape kit was collected. ``(cc) The testing of such rape kit. ``(III) The database contains information on the real-time physical location of such rape kit, including street address, locality, and State. ``(IV) The database contains information on the results of any testing of such rape kit. ``(ii) Information contained in the database, with respect to a rape kit, may be made available only as follows: ``(I) On a publically available Internet site but only to the extent that such information does not include any personally identifiable information (including the name of the victim associated with a unique identifying number). ``(II) To criminal justice agencies for law enforcement identification purposes. ``(III) In judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules. ``(IV) To a physican or nurse who is treating a victim of sexual assault from whom the rape kit was collected for injuries resulting from the sexual assault of such victim or with respect to the collection of such rape kit, but only insofar as the information relates to such treatment. ``(V) To the victim of sexual assault from whom the rape kit was collected, if the information made available is limited to information relating to the rape kit collected from such victim. ``(iii) Information contained in such database shall be searchable by any of the criteria specified in clause (i), subject to the availability of such information under clause (ii). ``(iv) Access for purposes of data entry and editing (including updating) of such database shall be limited to appropriate individuals of a State or local law enforcement agency. ``(2) Funding.-- ``(A) Ratable reduction for insufficient funds.--If there are insufficient funds for a fiscal year to allocate to each State or unit of local government the amount of incentive funds that such State or unit of local government is otherwise eligible to receive under this subsection, the Attorney General shall ratably reduce the allotment to all States and units of local government based on the proportionate share each State or unit of local government received under this section (before the application of this subsection) for the preceding fiscal year. ``(B) Authorization of appropriations.--In addition to funds made available under section 508, there is authorized to be appropriated for incentive funds under this subsection such sums as may be necessary for each of the fiscal years 2011 through 2015. ``(3) Definitions.--For purposes of this subsection: ``(A) The term `sexual assault' has the meaning given such term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925a(a)). ``(B) The term `victim of sexual assault' means an individual who seeks medical treatment or care for an injury sustained as a result of sexual assault and reports such injury to a local or State law enforcement officer or agency. ``(C) The term `rape kit' means DNA evidence obtained related to sexual assault. ``(D) The term `qualified sexual assault nurse examiner' means a nurse that has obtained certification from a hospital, governmental entity, or an appopriate institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), for the collection of rape kits from victims of sexual assault. ``(E) The term `tested' means, with respect to a rape kit, that such rape kit has undergone forensic analysis. ``(F) The term `unique identifying number' means a series of letters, numbers, or a combination thereof, that a law enforcement agency assigns to a rape kit that-- ``(i) such agency receives in connection with an act of sexual assault; and ``(ii) is used in place of the name of a victim of sexual assault in the database established under this subsection except if the person accessing the database is the victim of sexual assault or a member of a law enforcement agency.''. SEC. 3. STUDY AND REPORT ON DNA BACKLOG. Subsection (g) of section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(g)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by moving subparagraphs (A), (B), and (C) (as so redesignated by paragraph (1) of this section) two ems to the right; (3) by striking ``(g) Reports to Congress--Not'' and inserting the following: ``(g) Reports to Congress.-- ``(1) In general.--Not''; and (4) by adding at the end the following new paragraph: ``(2) Study and report to congress on dna backlog.-- ``(A) Study.--The Attorney General shall conduct a study to determine the extent of the backlog in the United States relating to the analysis of DNA samples collected from crime scenes, victims, suspects, arrestees, and convicted offenders. Such study shall determine the following: ``(i) The number of each of the following: ``(I) DNA samples that have been prepared to be sent to a public or private crime laboratory for forensic analysis but have not been sent to such laboratory. ``(II) Investigations for which DNA samples described in subclause (I) have been collected. ``(III) DNA samples that have been received by a public or private crime laboratory for forensic analysis but have not yet been tested at such laboratory. ``(IV) Investigations for which DNA samples described in subclause (III) have been collected. ``(ii) For each DNA sample and for each investigation for which such samples exist, the average duration of the following periods: ``(I) The period beginning on the date that is 30 days after the date each sample is collected from victims of sexual assault and ending on the date each sample is sent to a public or private crime laboratory to be tested. ``(II) The period beginning on the date that is 30 days after the date each sample is received by a public or private crime laboratory and ending on the date each sample is tested at each such laboratory. ``(B) Report.--Not later than two years after the date of the enactment of this Act and for each year thereafter, the Attorney General shall submit to Congress a report containing-- ``(i) the results of the study conducted under subparagraph (A); ``(ii) a statistical analysis of the data contained in such study, disaggregated by jurisdiction, criminal offense, type of DNA evidence tested, if available, and any other category of information the Attorney General may require; and ``(iii) recommendations on how to reduce-- ``(I) the number of DNA samples and investigations that are subject to the conditions described in subparagraph (A)(i); and ``(II) the average duration of the periods described in subparagraph (A)(ii). ``(C) Definitions.--For purposes of this paragraph: ``(i) The term `DNA sample' means evidence containing human DNA collected by Federal, State, local, or tribal law enforcement agencies. ``(ii) The term `investigation' includes any investigatory action taken by a Federal, State, tribal, or local law enforcement agency relating to an act of sexual assault after such agency receives a report of such act. ``(iii) The term `tested' means, with respect to a DNA sample that such sample has undergone forensic analysis.''.
Justice for Rape Victims and Improving Use of DNA Evidence Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase by 10% grants under the Edward Byrne Memorial Justice Assistance Grant Program for states or local governments that had in effect for the previous fiscal year: (1) a process to provide a victim of sexual assault with an examination by a qualified sexual assault nurse examiner for purposes of collecting a rape kit from such victim and to provide the results of rape kit testing to the victim within 180 days; and (2) an online rape kit database containing specified information. Amends the DNA Analysis Backlog Elimination Act of 2000 to require the Attorney General to study and report to Congress on the extent of the backlog in the United States relating to the analysis of DNA samples collected from crime scenes, victims, suspects, arrestees, and convicted offenders.
{"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide incentives to States and units of local government under the Edward Byrne Memorial Justice Assistance Grant Program for providing certain services to victims of sexual assault or rape, and for other purposes."}
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Farm Empowerment 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. Marketing loans for 1996 through 2002 crops of certain agricultural commodities. Sec. 3. Total acreage base system. Sec. 4. Conforming amendments to current price support programs for program crops. Sec. 5. Elimination of acreage reduction programs. Sec. 6. Extension of cottonseed oil and sunflower oil export programs. Sec. 7. Suspension of permanent price support authority. Sec. 8. Removal of three-entity rule; direct attribution. SEC. 2. MARKETING LOANS FOR 1996 THROUGH 2002 CROPS OF CERTAIN AGRICULTURAL COMMODITIES. Title I of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by adding at the end the following: ``SEC. 116. MARKETING LOANS FOR 1996 THROUGH 2002 CROPS OF CERTAIN AGRICULTURAL COMMODITIES. ``(a) Definitions.--For the purposes of this section: ``(1) Covered commodities.--The term `covered commodities' means rice, upland cotton, feed grains, wheat, and oilseeds. ``(2) Feed grains.--The term `feed grains' means corn, grain sorghums, barley, oats, and rye. ``(3) Oilseeds.--The term `oilseeds' means soybeans, sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may designate. ``(b) Marketing Loans.-- ``(1) Availability.--The Secretary shall make available to eligible producers on a farm a nonrecourse marketing loan for each of the 1996 through 2002 crops of covered commodities produced on the farm. The term of the marketing loan shall be 15 months in length. ``(2) Eligible producers.--To be eligible for a loan under this subsection, the producers on a farm may not plant covered commodities on a farm in excess of the total acreage base of the farm, as determined under section 503. ``(3) Loan rate.--Loans made under this subsection shall be made at the rate of 115 percent of the simple average national price received by producers of the covered commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the covered commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. ``(c) Limitation on Total Value of Marketing Loans.--The combined annual value of loans made to a producer under subsection (b) may not exceed $175,000. ``(d) Repayment.-- ``(1) Repayment rate.--Producers on a farm may repay loans made under subsection (b) for a covered commodity at a level that is the lesser of-- ``(A) the loan rate determined for the commodity; or ``(B) the prevailing domestic market price for the commodity, as determined by the Secretary. ``(2) Prevailing domestic market price.--The Secretary shall prescribe by regulation-- ``(A) a formula to determine the prevailing domestic market price for each covered commodity, which may include adjustments for differences in quality but not for differences in location; and ``(B) a mechanism by which the Secretary shall announce periodically the prevailing domestic market prices established under this subsection. ``(e) Adjustment Account.-- ``(1) Establishment.--The Secretary shall establish an Adjustment Account, which shall be used to make-- ``(A) payments to producers of the 1996 through 2002 crops of covered commodities who participate in the marketing loan program established under subsection (b); and ``(B) payments to producers of the 1994 and 1995 crops of covered commodities that are authorized under sections 101B, 103B, 105B, 107B, and 205, but not paid before the date of the enactment of this section. ``(2) Amount in account.--The Secretary shall transfer into the Adjustment Account from funds of the Commodity Credit Corporation such sums as shall be necessary to implement this section and make marketing loans available under subsection (b). ``(3) Availability of funds.--Funds in the Adjustment Account shall remain available until expended. ``(f) Advance Payment.--At the request of a producer who intends to obtain a marketing loan under subsection (b) for a crop of a covered commodity, the Secretary shall make available to the producer in advance of planting not more than 10 percent of the projected marketing loan for that crop year. ``(g) Marketing Loan Deficiency Payments.-- ``(1) In general.--For each of the 1996 through 2002 crops of covered commodities, the Secretary may make payments available to producers who, although eligible to obtain a marketing loan under subsection (b), agree to forego obtaining the loan in return for payments under this subsection. ``(2) Computation.--A payment under this subsection shall be computed by multiplying-- ``(A) the loan payment rate; by ``(B) the quantity of the covered commodity which the producer is eligible to place under loan but for which the producer foregoes obtaining the loan in return for payments under this subsection. ``(3) Loan payment rate.--For purposes of this subsection, the loan payment rate shall be the amount by which-- ``(A) the loan rate for the commodity determined under subsection (b); exceeds ``(B) the repayment rate for the commodity determined under subsection (d).''. SEC. 3. TOTAL ACREAGE BASE SYSTEM. (a) Definitions.--Section 502 of the Agricultural Act of 1949 (7 U.S.C. 1462) is amended by striking paragraph (3) and inserting the following new paragraphs: ``(3) Feed grains.--The term `feed grains' means corn, grain sorghums, barley, oats, and rye. ``(4) Covered commodity.--The term `covered commodity' means rice, upland cotton, feed grains, wheat, or oilseeds.''. (b) Crop Acreage Base.--Section 503 of such Act (7 U.S.C. 1463) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.--The Secretary shall provide for the establishment and maintenance of a total crop acreage base for covered commodities, including any covered commodity crop produced under an established practice of double cropping''; and (B) in paragraph (2), by striking ``The sum of the crop acreage bases'' and inserting ``The total crop acreage base''; (2) by striking subsection (b) and inserting the following: ``(b) Calculation.--The total crop acreage base for a farm for a crop year shall be the number of acres that is equal to the average of the acreage planted and considered planted to one of the covered commodity crops for harvest on the farm in each of the 5 crop years preceding that crop year.''; (3) by striking subsection (g); and (4) in subsection (h)-- (A) by striking ``(1) In general.--''; and (B) by striking paragraph (2).''. (c) Application of Title.--Section 509 of such Act (7 U.S.C. 1469) is amended by striking ``1991 through 1997 program crops'' and inserting ``1991 through 2002 crops of covered commodities''. SEC. 4. CONFORMING AMENDMENTS TO CURRENT PRICE SUPPORT PROGRAMS FOR PROGRAM CROPS. (a) Wheat 0/85 Program.--Section 107B(c)(1)(E) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a(c)(1)(E)) is amended by striking ``through 1997'' in clauses (i) and (vii) each place it appears and inserting ``and 1995''. (b) Feed Grains 0/85 Program.--Section 105B(c)(1)(E) of such Act (7 U.S.C. 1444f(c)(1)(E)) is amended by striking ``through 1997'' in clauses (i) and (vii) each place it appears and inserting ``and 1995''. (c) Cotton Program.--Section 103B of such Act (7 U.S.C. 1444-2) is amended-- (1) in the section heading, by striking ``1997'' and inserting ``1995''; (2) in subsections (a)(1), (b)(1), (c)(1)(A), (c)(1)(B)(ii), and (o), by striking ``1997'' each place it appears and inserting ``1995''; (3) in subsection (c)(1)(D)(i) and (c)(1)(D)(v)(II) by striking ``through 1997'' each place it appears and inserting ``and 1995''; (4) in the heading of subsection (c)(1)(D)(v)(II), by striking ``through 1997 crops'' and inserting ``and 1995 crops''; (5) in subsection (e)(1)(D), by striking ``29\1/2\ percent for each of the 1995 and 1996 crops, and 29 percent for the 1997 crop'' and inserting ``29\1/2\ percent for the 1995 crop''; and (6) in subparagraphs (B)(i), (D)(i), (E)(i), and (F)(i) of subsection (a)(5), by striking ``1998'' each place it appears and inserting ``1996''. (d) Rice 50/85 Program.--Section 101B of such Act (7 U.S.C. 1441-2) is amended-- (1) in subsections (c)(1)(D)(i) and (c)(1)(D)(v)(II), by striking ``through 1997'' each place it appears and inserting ``and 1995''; and (2) in the heading of subsection (c)(1)(D)(v)(II), by striking ``through 1997 crops'' and inserting ``and 1995 crops''. (e) Oilseeds.--Section 205(c) of such Act (7 U.S.C. 1446f(c)) is amended by striking ``through 1997'' both places it appears and inserting ``and 1995''. SEC. 5. ELIMINATION OF ACREAGE REDUCTION PROGRAMS. (a) Wheat.--Section 107B of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a) is amended by striking subsection (e) and redesignating subsections (f) through (q) as subsections (e) through (p), respectively. (b) Feed Grains.--Section 105B of such Act (7 U.S.C. 1444f) is amended by striking subsection (e) and redesignating subsections (f) through (r) as subsections (e) through (q), respectively. (c) Cotton.--Section 103B of such Act (7 U.S.C. 1444-2) is amended by striking subsection (e) and redesignating subsections (f) through (o) as subsections (e) through (n), respectively. (d) Rice.--Section 101B of such Act (7 U.S.C. 1441-2) is amended by striking subsection (e) and redesignating subsections (f) through (n) as subsections (e) through (m), respectively. SEC. 6. EXTENSION OF COTTONSEED OIL AND SUNFLOWER OIL EXPORT PROGRAMS. Section 301(b)(2)(A) of the Disaster Assistance Act of 1988 (7 U.S.C. 1464 note) is amended by striking ``through 1995'' and inserting ``through 2002''. SEC. 7. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY. (a) Wheat.-- (1) Nonapplicability of certificate requirements.--Sections 379d through 379j of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379d-1379j) shall not be applicable to wheat processors or exporters during the period June 1, 1995, through May 31, 2003. (2) Suspension of land use, wheat marketing allocation, and producer certificate provisions.--Sections 331 through 339, 379b, and 379c of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1331 through 1339, 1379b, and 1379c) shall not be applicable to the 1996 through 2002 crops of wheat. (3) Suspension of certain quota provisions.--The joint resolution entitled ``A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 1996 through 2002. (4) Nonapplicability of section 107 of the agricultural act of 1949.--Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1996 through 2002 crops of wheat. (b) Feed Grains.-- (1) Nonapplicability of section 105 of the agricultural act of 1949.--Section 105 of the Agricultural Act of 1949 (7 U.S.C. 1444b) shall not be applicable to the 1996 through 2002 crops of feed grains. (2) Recourse loan program for silage.--Section 403 of the Food Security Act of 1985 (7 U.S.C. 1444e-1) is amended by striking ``1996'' and inserting ``2002''. (c) Oilseeds.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``oilseeds'' and all that follows through ``determine),''. SEC. 8. REMOVAL OF THREE-ENTITY RULE; DIRECT ATTRIBUTION. Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended by striking subsection (a) and inserting the following new subsection: ``(a) Direct Attribution.--In the case of payments specified in paragraphs (1) and (2) of section 1001, the Secretary shall attribute-- ``(1) payments received by an individual directly to the individual; and ``(2) payments received by an entity to individuals who own the entity in proportion to the ownership interest of the individual in the entity.''.
Family Farm Empowerment Act of 1995 - Amends the Agricultural Act of 1949 (Act) to provide nonrecourse marketing loans through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Requires repayment at the lower of the loan rate or the prevailing domestic market price. Authorizes marketing loan deficiency payments for producers who forgo obtaining such loans. Provides for a total acreage base for such crops. Makes conforming amendments to certain price support programs. Eliminates acreage reduction programs for wheat, feed grains, cotton, and rice. Amends the Disaster Assistance Act to extend funding obligations for the cottonseed and sunflower oil export programs. Amends the Agricultural Adjustment Act of 1938 and the Act to suspend specified permanent price support provisions for wheat, feed grains (including silage), and oilseeds. Amends the Food Security Act of 1985 to replace the three-entity rule (consideration as separate entities for limitations purposes) with a direct attribution rule (based upon ownership percentage).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Aging Act of 2007''. SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT INTEGRATION OF MENTAL HEALTH SERVICES IN PRIMARY CARE SETTINGS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended-- (1) in section 520(b)-- (A) in paragraph (14), by striking ``and'' after the semicolon; (B) in paragraph (15), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(16) conduct the demonstration projects specified in section 520K.''; and (2) by adding at the end the following: ``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL HEALTH SERVICES IN PRIMARY CARE SETTINGS. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public and private nonprofit entities for projects to demonstrate ways of integrating mental health services for older adults into primary care settings, such as health centers receiving a grant under section 330 (or determined by the Secretary to meet the requirements for receiving such a grant), other Federally qualified health centers, primary care clinics, and private practice sites. ``(b) Requirements.--In order to be eligible for a grant under this section, the project to be carried out by the entity shall provide for collaborative care within a primary care setting, provided by licensed mental health professionals with appropriate training and experience in the treatment of older adults, in which screening, assessment, and intervention services are combined into an integrated service delivery model, including-- ``(1) screening services by a mental health professional with at least a masters degree in an appropriate field of training; ``(2) referrals for necessary prevention, intervention, follow-up care, consultations, and care planning oversight for mental health and other service needs, as indicated; and ``(3) adoption and implementation of evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders. ``(c) Considerations in Awarding Grants.--In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that-- ``(1) projects are funded in a variety of geographic areas, including urban and rural areas; and ``(2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. ``(d) Duration.--A project may receive funding pursuant to a grant under this section for a period of up to 3 years, with an extension period of 2 additional years at the discretion of the Secretary. ``(e) Application.--To be eligible to receive a grant under this section, a public or private nonprofit entity shall-- ``(1) submit an application to the Secretary (in such form, containing such information, and at such time as the Secretary may specify); and ``(2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. ``(f) Evaluation.--Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for the year involved. ``(g) Supplement, Not Supplant.--Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each fiscal year thereafter.''. SEC. 3. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH TEAMS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.), as amended by section 2, is further amended by adding at the end the following: ``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH TEAMS. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public or private nonprofit entities that are community-based providers of geriatric mental health services, to support the establishment and maintenance by such entities of multi-disciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services. Entities eligible for such grants include-- ``(1) mental health service providers of a State or local government; ``(2) outpatient programs of private, nonprofit hospitals; ``(3) community mental health centers meeting the criteria specified in section 1913(c); and ``(4) other community-based providers of mental health services. ``(b) Requirements.--To be eligible to receive a grant under this section, an entity shall-- ``(1) adopt and implement, for use by its mental health outreach team, evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders, relying to the greatest extent feasible on protocols that have been developed-- ``(A) by or under the auspices of the Secretary; or ``(B) by academicians; ``(2) provide screening for mental disorders, diagnostic services, referrals for treatment, and case management and coordination through such teams; and ``(3) coordinate and integrate the services provided by such team with the services of social service, mental health, and medical providers at the site or sites where the team is based in order to-- ``(A) improve patient outcomes; and ``(B) to ensure, to the maximum extent feasible, the continuing independence of older adults who are residing in the community. ``(c) Cooperative Arrangements With Sites Serving as Bases for Outreach.--An entity receiving a grant under this section may enter into an agreement with a person operating a site at which a geriatric mental health outreach team of the entity is based, including-- ``(1) senior centers; ``(2) adult day care programs; ``(3) assisted living facilities; and ``(4) recipients of grants to provide services to older adults under the Older Americans Act of 1965, under which such person provides (and is reimbursed by the entity, out of funds received under the grant, for) any supportive services, such as transportation and administrative support, that such person provides to an outreach team of such entity. ``(d) Considerations in Awarding Grants.--In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that-- ``(1) projects are funded in a variety of geographic areas, including urban and rural areas; and ``(2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. ``(e) Application.--To be eligible to receive a grant under this section, an entity shall-- ``(1) submit an application to the Secretary (in such form, containing such information, at such time as the Secretary may specify); and ``(2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. ``(f) Coordination.--The Secretary shall provide for appropriate coordination of programs and activities receiving funds pursuant to a grant under this section with programs and activities receiving funds pursuant to grants under section 520K and sections 381, 422, and 423 of the Older Americans Act of 1965. ``(g) Evaluation.--Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for such year. ``(h) Supplement, Not Supplant.--Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each fiscal year thereafter.''. SEC. 4. DESIGNATION OF DEPUTY DIRECTOR FOR OLDER ADULT MENTAL HEALTH SERVICES IN CENTER FOR MENTAL HEALTH SERVICES. Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Deputy Director for Older Adult Mental Health Services in Center for Mental Health Services.--The Director, after consultation with the Administrator, shall designate a Deputy Director for Older Adult Mental Health Services, who shall be responsible for the development and implementation of initiatives of the Center to address the mental health needs of older adults. Such initiatives shall include-- ``(1) research on prevention and identification of mental disorders in the older adult population; ``(2) innovative demonstration projects for the delivery of community-based mental health services for older adults; ``(3) support for the development and dissemination of evidence-based practice models, including models to address substance-related disorders in older adults; and ``(4) development of model training programs for mental health professionals and care givers serving older adults.''. SEC. 5. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR MENTAL HEALTH SERVICES. Section 502(b)(3) of the Public Health Service Act (42 U.S.C. 290aa-1(b)(3)) is amended by adding at the end the following: ``(C) In the case of the advisory council for the Center for Mental Health Services, the members appointed pursuant to subparagraphs (A) and (B) shall include representatives of older adults or their families, and professionals with an expertise in geriatric mental health.''. SEC. 6. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING SUBSTANCE ABUSE IN OLDER ADULTS. Section 509(b)(2) of the Public Health Service Act (42 U.S.C. 290bb-2(b)(2)) is amended by inserting before the period the following: ``, and to providing treatment for older adults with substance-related disorders''. SEC. 7. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANTS. (a) In General.--Section 1912(b)(4)of the Public Health Service Act (42 U.S.C. 300x-2(b)(4)) is amended to read as follows: ``(4) Targeted services to older individuals, individuals who are homeless, and individuals living in rural areas.--The plan describes the State's outreach to and services for older individuals, individuals who are homeless, and individuals living in rural areas, and how community-based services will be provided to these individuals.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to State plans submitted on or after the date that is 180 days after the date of enactment of this Act.
Positive Aging Act of 2007 - Amends the Public Health Service Act to : (1) require the Secretary of Health and Human Services to make grants to public and private nonprofit entities for projects to demonstrate ways of integrating mental health services for older adults into primary care settings and for multidisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services; (2) require the Director of the Center for Mental Health Services to designate a Deputy Director for Older Adult Mental Health Services to address the mental health needs of older adults; (3) require the inclusion of representatives of older adults and their families and geriatric mental health professionals on the Advisory Council for the Center; (4) designate as a project of national significance the treatment of older adults with substance-related disorders; and (5) require state plans under the Community Mental Health Services Block Grant program to describe outreach to, and services for, older individuals and individuals who are homeless and living in rural areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Ambulance Payment Reform Act of 2003''. SEC. 2. AMBULANCE PAYMENT RATES. (a) Payment Rates.-- (1) In general.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows: ``(3) Payment rates.-- ``(A) In general.--Subject to any adjustment under subparagraph (B) and paragraph (9) and the full payment of a national mileage rate pursuant to paragraph (2)(E), in establishing such fee schedule, the following rules shall apply: ``(i) Payment rates in 2003.-- ``(I) Ground ambulance services.-- In the case of ground ambulance services furnished under this part in 2003, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term `full cost ambulance supplier' means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier's total staff and which receives less than 20 percent of space and other capital assets free of charge. ``(II) Other ambulance services.-- In the case of ambulance services not described in subclause (I) that are furnished under this part in 2003, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). ``(ii) Payment rates in subsequent years for all ambulance services.--In the case of any ambulance service furnished under this part in 2004 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. ``(B) Adjustment in rural rates.--For years beginning with 2004, the Secretary, after taking into consideration the recommendations contained in the report submitted under section 221(b)(3) the Medicare, Medicaid, and SCHIP Benefits Improvements and Protection Act of 2000, shall adjust the fee schedule payment rates that would otherwise apply under this subsection for ambulance services provided in low density rural areas based on the increased cost (if any) of providing such services in such areas.''. (2) Conforming amendment.--Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is repealed. (b) Use of Medical Conditions for Coding Ambulance Services.-- Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows: ``(7) Coding system.-- ``(A) In general.--The Secretary shall, in accordance with section 1173(c)(1)(B), establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. ``(B) Medical conditions.--The code set established under subparagraph (A) shall-- ``(i) take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1); and ``(ii) notwithstanding any other provision of law, be adopted as a standard code set under section 1173(c).''.
Medicare Ambulance Payment Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payment for ambulance services to revise requirements for the establishment of a fee schedule.Directs the Secretary of Health and Human Services to establish a system for the coding of claims for ambulance services, including a code set specifying the medical condition of the individual transported by an ambulance and the appropriate level of transportation service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Farmworkers and Federal Health Coverage Act of 2001''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Commission on Farmworkers and Federal Health Coverage (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall examine problems experienced by farmworkers (including their families) under medicaid and SCHIP. Specifically, the Commission shall examine the following: (1) Barriers to enrollment.--Barriers to their enrollment, including a lack of outreach and outstationed eligibility workers, complicated applications and eligibility determination procedures, and linguistic and cultural barriers. (2) Lack of portability.--The lack of portability of medicaid and SCHIP coverage for farmworkers who are determined eligible in one State but who move to other States on a seasonal or other periodic basis. (3) Possible solutions.--The development of possible solutions to increase enrollment and access to benefits for farmworkers, because, in part, of the problems identified in paragraphs (1) and (2), and the associated costs of each of the possible solution described in subsection (b). (b) Possible Solutions.--Possible solutions to be examined shall include each of the following: (1) Interstate compacts.--The use of interstate compacts among States that establish portability and reciprocity for eligibility for farmworkers under the medicaid and SCHIP and potential financial incentives for States to enter into such compacts. (2) Demonstration projects.--The use of multi-state demonstration waiver projects under section 1115 of the Social Security Act (42 U.S.C. 1315) to develop comprehensive migrant coverage demonstration projects. (3) Use of current law flexibility.--Use of current law medicaid and SCHIP State plan provisions relating to coverage of residents and out-of-State coverage. (4) National migrant family coverage.--The development of programs of national migrant family coverage in which States could participate. (5) Public-private partnerships.--The provision of incentives for development of public-private partnerships to develop private coverage alternatives for farmworkers. (6) Other possible solutions.--Such other solutions as the Commission deems appropriate. (c) Definitions.--For purposes of this Act: (1) Farmworker.--The term ``farmworker'' means a migratory agricultural worker or seasonal agricultural worker, as such terms are defined in section 330(g)(3) of the Public Health Service Act (42 U.S.C. 254c(g)(3)), and includes a family member of such a worker. (2) Medicaid.--The term ``medicaid'' means the program under title XIX of the Social Security Act. (3) SCHIP.--The term ``SCHIP'' means the State children's health insurance program under title XXI of the Social Security Act. (4) Secretary.--The term ``Secretary'' means Secretary of Health and Human Services. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the Secretary of Health and Human Services from among the following: (1) Farmworkers affected by the lack of portability of coverage under the medicaid program or the State children's health insurance program (under titles XIX and XXI of the Social Security Act). (2) Representatives with expertise in providing health care to farmworkers, including designees of national and local organizations representing migrant health centers and other providers. (3) Researchers with expertise in health care financing. (4) Representatives of foundations and other nonprofit entities that have conducted or supported research on farmworker health care financial issues. (5) Representatives of Federal agencies which are involved in the provision or financing of health care to farmworkers, including the Health Care Financing Administration and the Health Research and Services Administration. (6) Representatives of State governments. (7) Representatives from the farm and agricultural industries. (8) Designees of labor organizations representing farmworkers. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Chairperson.--The Chairperson of the Commission shall be designated by the Secretary of Health and Human Services at the time of the appointment of members. (d) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Compensation and Expenses.-- (1) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission, except that, to the extent or in the amounts provided in advance in appropriation Acts, farmworker members described in subsection (a)(1) shall be entitled to receive reasonable compensation for lost wages for days (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. In no case shall such reasonable compensation exceed the daily equivalent of the annual rate of basic pay for grade GS-15 of the General Schedule. (2) 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. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. To the extent or in the amounts provided in advance in appropriation Acts, the Commission shall establish the rate of pay for the Director, which shall not exceed the rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the Commission, the Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for level GS-15 of the General Schedule. (d) Experts and Consultants.--With the approval of the Commission, Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, 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. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (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.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. Not later than 18 months after the date of the enactment of this Act, the Commission shall transmit a report to the President, the Secretary of Health and Human Services, and the Congress on the study conducted under this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
National Commission on Farmworkers and Federal Health Coverage Act of 2001 - Establishes the National Commission on Farmworkers and Federal Health Coverage to examine the following problems experienced by farmworkers and their families under titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act: (1) barriers to their enrollment under Medicaid and SCHIP; and (2) lack of portability of Medicaid and SCHIP coverage for farmworkers determined eligible in one State who move to other States on a periodic basis. Requires the Commission to examine development of possible solutions to increase enrollment and access to benefits for farmworkers, because, in part, of such problems, and the associated costs of possible solutions. Specifies possible solutions to be examined.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Land Exchange Act of 1993''. SEC. 2. TARGHEE NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In General.--The boundaries of the Targhee National Forest are adjusted as generally depicted on the map entitled ``Targhee National Forest Proposed Boundary Changes'' and dated March 1, 1991. (b) Map and Legal Description.-- (1) Public access.--The map described in subsection (a) and a legal description of the lands depicted on the map shall be on file and available for public inspection in the Regional Office of the Intermountain Region of the Forest Service. (2) Technical corrections.--The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture (referred to in this Act as the ``Secretary'') may correct clerical and typographical errors. (c) Rule of Construction.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Targhee National Forest, as adjusted by this Act, shall be considered to be the boundaries of the Forest as of January 1, 1965. SEC. 3. CLARK FORK LAND EXCHANGE. (a) Findings.--Congress finds that, over the past 10 years-- (1) the University of Idaho has utilized the Clark Fork Ranger Station within the Kaniksu National Forest as the Clark Fork Field Campus, under a Granger-Thye permit; and (2) the University of Idaho has made substantial improvements in order to maintain and utilize the buildings as a campus facility. (b) Land Exchange.-- (1) Conveyance by the secretary.-- (A) In general.--In exchange for the conveyance described in paragraph (2) and subject to easements that are considered necessary by the Secretary for public and administrative access and to valid existing rights, the Secretary shall convey to the State of Idaho, acting through the Regents of the University of Idaho, all right, title, and interest of the United States to Parcel A. (B) Parcel a.--As used in this section, the term ``Parcel A'' means the approximately 35.27 acres comprising the Clark Fork Ranger Station within the Kaniksu National Forest, as depicted on the map entitled ``Clark Fork Land Exchange--Parcel A'' and dated July 1, 1991. (2) Conveyance by the state of idaho.-- (A) In general.--In exchange for the conveyance described in paragraph (1) and subject to valid existing rights of record acceptable to the Secretary, the State of Idaho shall convey to the Secretary, by general warranty deed in accordance with Department of Justice title standards, all right, title, and interest to Parcel B. (B) Parcel b.--As used in this section, the term ``Parcel B'' means the approximately 40 acres depicted on the map entitled ``Clark Fork Land Exchange--Parcel B'' and dated July 1, 1991. (3) Maps and legal descriptions.-- (A) Public access.--The maps described in paragraphs (1)(B) and (2)(B) and the legal descriptions of the lands depicted on the maps shall be on file and available for public inspection in the Regional Office of the Northern Region of the Forest Service. (B) Technical corrections.--The maps and legal descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors. (c) Land Valuation.-- (1) In general.--Subject to paragraph (2), if the lands exchanged between the United States and the State of Idaho, as authorized by subsection (b), are not of equal value, the values shall be equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Exception.--The value of the improvements made by the University of Idaho on Parcel A under the Granger-Thye permit shall be excluded from consideration in a valuation conducted pursuant to paragraph (1). (d) National Forest Boundary Adjustment.-- (1) In general.--Upon acquisition of Parcel B by the United States, the boundaries of the Kaniksu National Forest shall be adjusted to include Parcel B. (2) Rule of construction.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Kaniksu National Forest, as adjusted by this Act, shall be considered to be the boundaries of the Forest as of January 1, 1965.
Idaho Land Exchange Act of 1993 - Adjusts the boundaries of the Targhee National Forest in Idaho. Directs the Secretary of Agriculture to convey to Idaho, acting through the Regents of its University, the Clark Fork Ranger Station within the Kaniksu National Forest in exchange for Idaho conveying to the Secretary the Clark Fork Land Exchange. Provides that if the lands exchanged between the United States and Idaho are not of equal value, the values shall be equalized in accordance with provisions of the Federal Land Policy and Management Act of 1976, except that the value of the improvements made by the University on the Clark Fork Ranger Station under the Granger-Thye permit shall be excluded from consideration in such valuation. Adjusts the boundaries of the Kaniksu National Forest to include the lands conveyed by Idaho.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Line Item Veto Act''. SEC. 2. LINE ITEM VETO AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of the Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority or veto any targeted tax benefit which is subject to the terms of this Act if the President-- (1) determines that-- (A) such rescission or veto would help reduce the Federal budget deficit; (B) such rescission or veto will not impair any essential Government functions; and (C) such rescission or veto will not harm the national interest; and (2) notifies the Congress of such rescission or veto by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriation Act or a joint resolution making continuing appropriations providing such budget authority or a revenue Act containing a targeted tax benefit. The President shall submit a separate rescission message for each appropriation Act and for each revenue Act under this paragraph. SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DISAPPROVED. (a)(1) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless, during the period described in subsection (b), a rescission/receipts disapproval bill making available all of the amount rescinded is enacted into law. (2) Any provision of law vetoed under this Act as set forth in a special message from the President shall be deemed repealed unless, during the period described in subsection (b), a rescission/receipts disapproval bill restoring that provision is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of twenty calendar days of session during which Congress must complete action on the rescission/receipts disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission/receipts disapproval bill; and (3) if the President vetoes the rescission/receipts disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission or veto, as the case may be, shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``rescission/receipts disapproval bill'' means a bill or joint resolution which-- (A) only disapproves a rescission of discretionary budget authority, in whole, rescinded, or (B) only disapproves a veto of any targeted tax benefit, in a special message transmitted by the President under this Act. (2) The term ``calendar days of session'' shall mean only those days on which both Houses of Congress are in session. (3) The term ``targeted tax benefit'' means any provision of a revenue Act which the President determines would provide a Federal tax benefit to five or fewer taxpayers. SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETOES. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act or vetoes any provision of law as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded or the provision vetoed; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority or veto any provision pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission or veto; and (5) all actions, circumstances, and considerations relating to or bearing upon the rescission or veto and the decision to effect the rescission or veto, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission/Receipts Disapproval Bills.--Any rescission/receipts disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) An rescission/receipts disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provision of this Act. (2) Debate in the Senate on any rescission/receipts disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one hour, to be equally divided between, and controlled by the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission/receipts disapproval bill that relates to any matter other than the rescission of budget authority or veto of the provision of the law transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission/ receipts disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice in India Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) each year, in both Jammu and Kashmir and the Punjab, the Government of India detains thousands of persons under special or preventive detention laws without informing them of the charges against them; (2) most of these detainees are political prisoners, including prisoners of conscience; (3) they are often detained for several months and sometimes even more than a year; (4) detainees are not permitted any contact with lawyers or family members unless they are remanded to judicial custody and transferred to prison, and only then if the family on its own is able to locate the detainee; (5) in most cases, these persons are detained under the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, and the Jammu and Kashmir Public Safety Act of 1978; (6) the Terrorist and Disruptive Activities (Prevention) Act of 1987 authorizes administrative detention without formal charge or trial for up to 1 year for investigation of suspected ``terrorist'' or broadly defined ``disruptive'' activities; (7) the 1-year period of permissible detention before trial violates Article 9 of the International Covenant on Civil and Political Rights, to which India is a party; (8) Article 9 of the International Covenant provides, ``Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.''; (9) under the Terrorist and Disruptive Activities (Prevention) Act of 1987, all proceedings before a designate court must be conducted in secret ``at any place other than...[the court's]...ordinary place of sitting''; (10) section 16(2) of the Terrorist and Disruptive Activities (Prevention) Act of 1987 permits the designated court to keep the ``identity and address of any witness secret''; (11) under the Terrorist and Disruptive Activities (Prevention) Act of 1987, a confession to a senior police officer can be admitted as evidence if there is reason to believe it was made voluntarily; (12) the Terrorist and Disruptive Activities (Prevention) Act of 1987 amends India's criminal code, which prohibits such confessions, and substantially increases the risk of torture; (13) the Terrorist and Disruptive Activities (Prevention) Act of 1987 reverses the presumption of innocence, placing the burden on the accused to prove that he or she is not guilty; (14) the National Security Act of 1980 permits the detention of persons without charge or trial for up to 1 year in order to prevent them from acting in a manner prejudicial to the security of the state, the maintenance of public order, the maintenance of supplies and services essential to the community, or relations with a foreign power; (15) the National Security Act of 1980 was amended to permit 2 years detention in the Punjab; (16) under this Act, India may detain any person engaged in behavior ``prejudicial to the defense of India, the relations of India with foreign powers, or the security of India''; (17) the Jammu and Kashmir Public Safety Act of 1978 empowers India to detain persons without trial for up to 1 year for a broad range of activities, including ``promoting, propagating, or attempting to create, feelings of enmity or hatred or disharmony on grounds of religion, race, community, or region''; (18) the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983 and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 empower Indian security forces to search homes without warrant, to make arrests without warrant, to destroy the ``hideouts'' of suspected terrorists, and to shoot to kill with immunity from prosecution; (19) Indian security forces routinely employ methods of torture, beatings, and threats to induce detainees to sign statements of confession and to identify suspected militants; (20) the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983, and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 facilitate human rights abuses by suspending ordinary safeguards against arbitrary arrest, incommunicado detention, and torture; and (21) these 5 laws are incompatible with the principles of a modern democracy. SEC. 3. REDUCTION OF DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN LAWS REPEALED. (a) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall report to the Congress whether the Government of India has repealed all the laws specified in subsection (d). (b) Reduction of Assistance.--If the President reports to Congress, either pursuant to subsection (a) or at any other time, that the Government of India has not repealed all the laws specified in subsection (d), all development assistance for India under chapter 1 of part I of the Foreign Assistance Act of 1961 shall be terminated except for assistance to continue the Immunodiagnostic Development Project, the Child Survival Health Support Project, and the Private and Voluntary Organizations for Health II Project. (c) Resumption of Assistance.--Assistance terminated pursuant to subsection (b) may be resumed only if the President reports to Congress that the Government of India has repealed all the laws specified in subsection (d). (d) Special and Preventive Detention Laws.--The laws referred to in subsections (a), (b), and (c) are the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983, and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990.
Justice in India Act - Terminates all development assistance for India under the Foreign Assistance Act of 1961 (except assistance for specified health projects) if the President reports to the Congress that India has not repealed certain special and preventive detention laws. Provides for the resumption of such assistance if India repeals such laws.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Underground Railroad Freedom Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the National Underground Railroad Freedom Center (hereinafter ``Freedom Center'') was founded in 1995; (2) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (3) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (4) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (5) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act. (b) Purposes.--The purposes of this Act are-- (1) to promote preservation and public awareness of the history of the Underground Railroad; (2) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (3) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Project budget.--The term ``project budget'' means the total amount of funds expended by the Freedom Center on construction of its facility, development of its programs and exhibits, research, collection of informative and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center, prior to the opening of the Freedom Center facility in Cincinnati, Ohio. (3) Federal share.--The term ``Federal share'' means an amount not to exceed 20 percent of the project budget and shall include all amounts received from the Federal Government under this legislation and any other Federal programs. (4) Non-federal share.--The term ``non-Federal share'' means all amounts obtained by the Freedom Center for the implementation of its facilities and programs from any source other than the Federal Government, and shall not be less than 80 percent of the project budget. (5) The freedom center facility.--The term ``the Freedom Center facility'' means the facility, including the building and surrounding site, which will house the museum and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in section 4(c). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Program Authorized.--From sums appropriated pursuant to the authority of subsection (d) in any fiscal year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the Federal share of the cost of authorized activities described in section 5. (b) Expenditure on Non-Federal Property.--The Secretary is authorized to expend appropriated funds under subsection (a) of this section to assist in the construction of the Freedom Center facility and the development of programs and exhibits for that facility which will be funded primarily through private and non-Federal funds, on property owned by the city of Cincinnati, Hamilton County, and the State of Ohio. (c) Description of the Freedom Center Facility Site.--The facility referred to in subsections (a) and (b) will be located on a site described as follows: a 2-block area south of new South Second, west of Walnut Street, north of relocated Theodore M. Berry Way, and east of Vine Street in Cincinnati, Ohio. (d) Authorization of Appropriations.--There are authorized to be appropriated $16,000,000 for the 4 fiscal year period beginning October 1, 1999. Funds not to exceed that total amount may be appropriated in 1 or more of such fiscal years. Funds shall not be disbursed until the Freedom Center has commitments for a minimum of 50 percent of the non- Federal share. (e) Availability of Funds.--Notwithstanding any other provision of law, funds appropriated to carry out the provisions of this Act shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which the funds were appropriated. (f) NPS Employees.--The Secretary is authorized to use employees of the National Park Service to carry out any agreement entered into between the Freedom Center and the Secretary with respect to activities authorized under section 5. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--The Freedom Center may engage in any activity related to its objectives addressed in section 2(a), including, but not limited to, construction of the Freedom Center facility, development of programs and exhibits related to the history of the Underground Railroad, research, collection of information and artifacts and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center. (b) Priorities.--The Freedom Center shall give priority to-- (1) construction of the Freedom Center facility; (2) development of programs and exhibits to be presented in or from the Freedom Center facility; and (3) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 6. APPLICATION. (a) In General.--The Freedom Center shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each application shall-- (1) describe the activities for which assistance is sought; (2) provide assurances that the non-Federal share of the cost of activities of the Freedom Center shall be paid from non-Federal sources, together with an accounting of costs expended by the Freedom Center to date, a budget of costs to be incurred prior to the opening of the Freedom Center facility, an accounting of funds raised to date, both Federal and non- Federal, and a projection of funds to be raised through the completion of the Freedom Center facility. (b) Approval.--The Secretary shall approve the application submitted pursuant to subsection (a) unless such application fails to comply with the provisions of this Act. SEC. 7. REPORTS. The Freedom Center shall submit an annual report to the appropriate committees of the Congress not later than January 31, 2000, and each succeeding year thereafter for any fiscal year in which Federal funds are expended pursuant to this Act. The report shall-- (1) include a financial statement addressing the Freedom Center's costs incurred to date and projected costs, and funds raised to date and projected fundraising goals; (2) include a comprehensive and detailed description of the Freedom Center's activities for the preceding and succeeding fiscal years; and (3) include a description of the activities taken to assure compliance with this Act.
Authorizes appropriations. Requires annual reports from the Center to Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Parity Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Huntington's Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration. In the United States, approximately 30,000 individuals are affected by Huntington's Disease, along with another 200,000 individuals who are genetically ``at risk''. There is no effective treatment in terms of halting or slowing the progression of the disease. (2) Clinical indicators of Huntington's Disease include-- (A) loss of ability to control bodily movements; (B) loss of ability to think or act quickly, inability to learn new material, and loss of memory; and (C) behavioral or psychological problems, including personality changes, irritability, mood swings, anxiety, obsessive-compulsive behavior, inability to concentrate, decreased motivation, and severe depression. (3) Adult-onset Huntington's Disease typically results in the development of symptoms in individuals between 30 and 50 years of age. Late-onset Huntington's Disease is characterized by development of symptoms after 50 years of age and is usually associated with a milder course of the disease. Juvenile Huntington's Disease affects individuals who have yet to attain 19 years of age and progresses at a more rapid rate. (4) Because of the incapacitating nature of Huntington's Disease, individuals living with this illness, including those in the early stages of the disease, are unable to retain employment. As a result, many such individuals rely solely on Social Security Disability Insurance. (5) Despite significant advances in medicine and a greater understanding of Huntington's Disease, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. The designation of this disease by the Social Security Administration as ``Huntington's Chorea'' is both outdated and medically inaccurate, as this term fails to recognize the behavioral and cognitive impact of Huntington's Disease, while also providing an incomplete characterization of the full spectrum of Huntington's Disease for purposes of Social Security Disability Insurance and the Medicare program. (6) After qualifying for Social Security Disability Insurance, individuals with Huntington's Disease must wait another 24 months before receiving benefits under the Medicare program, despite the fact that such individuals often become incapacitated before reaching the age-eligibility requirement under the Medicare program of 65 years of age. (7) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by amyotrophic lateral sclerosis (``ALS''), a degenerative neurological condition that is similar to Huntington's Disease. (8) In light of the outdated Social Security Disability Insurance guidelines for Huntington's Disease and the significant cognitive, behavioral, and physical incapacitation faced by individuals with this disease, there is an urgent need for a revision of the medical and evaluation criteria used by the Social Security Administration in determining whether such individuals are disabled, as well as removal of the 24-month waiting period for coverage under the Medicare program for such individuals, similar to the existing exemption for individuals who have been diagnosed with ALS. SEC. 3. REVISION OF MEDICAL AND EVALUATION CRITERIA FOR EVALUATING DISABILITY CAUSED BY ADULT-ONSET AND JUVENILE HUNTINGTON'S DISEASE. (a) In General.--For purposes of determinations of cognitive, behavioral, and physical disability under titles II and XVI of the Social Security Act, the Commissioner of Social Security, in consultation with the National Institute of Neurological Disorders and Stroke, the National Institutes of Health, and other relevant organizations with medical expertise relating to Adult-Onset and Juvenile Huntington's Disease, shall, not later than 180 days after the date of the enactment of this Act-- (1) amend section 11.00 of part A of the Listing of Impairments (relating to neurological impairments of adults) by-- (A) providing medical and evaluation criteria for Huntington's Disease; and (B) striking ``Huntington's Chorea'' each place it appears; (2) amend section 12.00 of part A of the Listing of Impairments (relating to mental disorders of adults) by providing medical and evaluation criteria for Huntington's Disease; (3) amend section 111.00 of part B of the Listing of Impairments (relating to neurological impairments of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease; and (4) amend section 112.00 of part B of the Listing of Impairments (relating to mental disorders of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease. (b) Listing of Impairments.--For purposes of this section, the term ``Listing of Impairments'' means appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. SEC. 4. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER MEDICARE PROGRAM FOR INDIVIDUALS DIAGNOSED WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's Disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.
Huntington's Disease Parity Act of 2015 Directs the Commissioner of Social Security, for purposes of determining cognitive, behavioral, and physical disability under titles II (Old Age, Survivors, and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act (SSAct), to amend specified Listings of Impairments by providing medical and evaluation criteria for Huntington's Disease. Amends SSAct title II to waive the 24-month waiting period for coverage under the program under SSAct title XVIII (Medicare) for individuals diagnosed with Huntington's Disease.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Women's Public Colleges and Universities Historic Building Preservation and Restoration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historically women's public college or university.-- (A) In general.--The term ``historically women's public college or university'' means a public institution of higher education established in the United States between 1836 and 1908 to provide industrial education for women. (B) Inclusions.--The term ``historically women's public college or university'' includes each of the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). (2) Historic building or structure.--The term ``historic building or structure'' means a building or structure-- (A) listed, or eligible to be listed, on the National Register of Historic Places; (B) designated as a national historic landmark; or (C) located within a designated historic district. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES AND UNIVERSITIES. (a) Authority To Make Grants.--From amounts appropriated to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal years 2002 through 2006, the Secretary shall award grants in accordance with this section to historically women's public colleges and universities to pay the Federal share of the costs of the preservation and restoration of historic buildings and structures on the campuses of the colleges and universities. (b) Grant Conditions.--As a condition of the receipt of a grant under subsection (a), a grantee shall agree that, for a period of time specified by the Secretary-- (1) no alteration shall be made to the property preserved or restored using grant funds without the concurrence of the Secretary; and (2) reasonable public access to the property shall be permitted by the grantee for interpretive and educational purposes. (c) Cost Sharing for Buildings and Structures Listed on the National Register of Historic Places.-- (1) Federal share.--Except as provided by paragraph (2), the Federal share of the cost of a grant for preservation or restoration of a historic building or structure shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost of activities under a grant under this subsection may be provided in cash or in the form of in-kind goods or services. (d) Funding Provisions.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out this act $16,000,000 for each of fiscal years 2002 through 2006. (2) Allocations for fiscal year 2002.-- (A) In general.--Of the amounts made available under paragraph (1) for fiscal year 2002, $2,000,000 shall be used to make a grant to each of the following historically women's public colleges and universities: (i) University of Montevallo in Montevallo, Alabama. (ii) Georgia College and State University in Milledgeville, Georgia. (iii) Wesleyan College in Macon, Georgia. (iv) Mississippi University for Women in Columbus, Mississippi. (v) University of North Carolina in Greensboro, North Carolina. (vi) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. (vii) Winthrop University in Rock Hill, South Carolina. (viii) Texas Woman's University in Denton, Texas. (B) Less than $16,000,000 available.--If less than $16,000,000 is made available under this subsection for fiscal year 2002, each of the institutions specified in subparagraph (A) shall receive \1/8\ of the total amount made available. (3) Allocations for fiscal years 2003 through 2006.--For each of fiscal years 2003 through 2006, the Secretary shall distribute \1/8\ of the total amount made available for the fiscal year under paragraph (1) to each of the grantees specified in paragraph (2)(A). (e) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this Act.
Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to award grants to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. Specifies eight institutions to receive such grants in FY 2002 through 2006.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arson Prevention Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) arson is a serious and costly problem, and is responsible for approximately 25 percent of all fires in the United States; (2) arson is a leading cause of fire deaths, accounting for approximately 700 deaths annually in the United States, and is the leading cause of property damage due to fire in the United States; (3) estimates of arson property losses are in the range of $2,000,000,000 annually, or approximately 1 of every 4 dollars lost to fire; (4) the incidence of arson in the United States is seriously underreported, in part because of the lack of adequate participation by local jurisdictions in the National Fire Incident Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) program; (5) there is a need for expanded training programs for arson investigators; (6) there is a need for improved programs designed to enable volunteer firefighters to detect arson crimes and to preserve evidence vital to the investigation and prosecution of arson cases; (7) according to the National Fire Protection Association, of all the suspicious and incendiary fires estimated to occur, only \1/3\ are confirmed as arson; and (8) improved training of arson investigators will increase the ability of fire departments to identify suspicious and incendiary fires, and will result in increased and more effective prosecution of arson offenses. SEC. 3. ARSON PREVENTION GRANTS. The Federal Fire Prevention and Control Act of 1974 is amended by inserting after section 24 (15 U.S.C. 2220) the following new section: ``SEC. 25. ARSON PREVENTION GRANTS. ``(a) Definitions.--As used in this section: ``(1) Arson.--The term `arson' includes all incendiary and suspicious fires. ``(2) Office.--The term `Office' means the Office of Fire Prevention and Arson Control of the United States Fire Administration. ``(b) Grants.--The Administrator, acting through the Office, shall carry out a demonstration program under which not more than 10 grant awards shall be made to States, or consortia of States, for programs relating to arson research, prevention, and control. ``(c) Goals.--In carrying out this section, the Administrator shall award 2-year grants on a competitive, merit basis to States, or consortia of States, for projects that promote one or more of the following goals: ``(1) To improve the training by States leading to professional certification of arson investigators, in accordance with nationally recognized certification standards. ``(2) To provide resources for the formation of arson task forces or interagency organizational arrangements involving police and fire departments and other relevant local agencies, such as a State arson bureau and the office of a fire marshal of a State. ``(3) To combat fraud as a cause of arson and to advance research at the State and local levels on the significance and prevention of fraud as a motive for setting fires. ``(4) To provide for the management of arson squads, including-- ``(A) training courses for fire departments in arson case management, including standardization of investigative techniques and reporting methodology; ``(B) the preparation of arson unit management guides; and ``(C) the development and dissemination of new public education materials relating to the arson problem. ``(5) To combat civil unrest as a cause of arson and to advance research at the State and local levels on the prevention and control of arson linked to urban disorders. ``(6) To combat juvenile arson, such as juvenile fire- setter counseling programs and similar intervention programs, and to advance research at the State and local levels on the prevention of juvenile arson. ``(7) To combat drug-related arson and to advance research at the State and local levels on the causes and prevention of drug-related arson. ``(8) To combat domestic violence as a cause of arson and to advance research at the State and local levels on the prevention of arson arising from domestic violence. ``(9) To combat arson in rural areas and to improve the capability of firefighters to identify and prevent arson initiated fires in rural areas and public forests. ``(10) To improve the capability of firefighters to identify and combat arson through expanded training programs, including-- ``(A) training courses at the State fire academies; and ``(B) innovative courses developed with the Academy and made available to volunteer firefighters through regional delivery methods, including teleconferencing and satellite delivered television programs. ``(d) Structuring of Applications.--The Administrator shall assist grant applicants in structuring their applications so as to ensure that at least one grant is awarded for each goal described in subsection (c). ``(e) State Qualification Criteria.--In order to qualify for a grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator that the State or consortium-- ``(1) will obtain at least 25 percent of the cost of programs funded by the grant, in cash or in kind, from non- Federal sources; ``(2) will not as a result of receiving the grant decrease the prior level of spending of funds of the State or consortium from non-Federal sources for arson research, prevention, and control programs; ``(3) will use no more than 10 percent of funds provided under the grant for administrative costs of the programs; and ``(4) is making efforts to ensure that all local jurisdictions will provide arson data to the National Fire Incident Reporting System or the Uniform Crime Reporting program. ``(f) Extension.--A grant awarded under this section may be extended for one or more additional periods, at the discretion of the Administrator, subject to the availability of appropriations. ``(g) Technical Assistance.--The Administrator shall provide technical assistance to States in carrying out programs funded by grants under this section. ``(h) Consultation and Cooperation.--In carrying out this section, the Administrator shall consult and cooperate with other Federal agencies to enhance program effectiveness and avoid duplication of effort, including the conduct of regular meetings initiated by the Administrator with representatives of other Federal agencies concerned with arson and concerned with efforts to develop a more comprehensive profile of the magnitude of the national arson problem. ``(i) Assessment.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress that-- ``(1) identifies grants made; ``(2) specifies the identity of grantees; ``(3) states the goals of each grant; and ``(4) contains a preliminary assessment of the effectiveness of the grant program under this section. ``(j) Regulations.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall issue regulations to implement this section, including procedures for grant applications. ``(k) Administration.--The Administrator shall directly administer the grant program required by this section, and shall not enter into any contract under which the grant program or any portion of the program will be administered by another party.''. SEC. 4. VOLUNTEER FIREFIGHTER TRAINING. Section 24(a)(2) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the semicolon the following: ``, with particular emphasis on the needs of volunteer firefighters for improved and more widely available arson training courses''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following new subsection: ``(h) In addition to any other amounts that are authorized to be appropriated to carry out this Act, there are authorized to be appropriated to carry out this Act-- ``(1) $500,000 for fiscal year 1994 for basic research on the development of an advanced course on arson prevention; ``(2) $2,000,000 for fiscal year 1995 for the expansion of arson investigator training programs at the Academy under section 24 and at the Federal Law Enforcement Training Center, or through regional delivery sites; ``(3) $4,000,000 for each of fiscal years 1994 and 1995 for carrying out section 25, except for salaries and expenses for carrying out section 25; and ``(4) $250,000 for each of the fiscal years 1994 and 1995 for salaries and expenses for carrying out section 25.''.
Arson Prevention Act of 1993 - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, through the Office of Fire Prevention and Arson Control, to carry out a demonstration program to provide two-year grants to States for programs relating to arson research, prevention, and control. Sets forth State funding requirements and provides for additional renewal periods for such grants. Authorizes appropriations, including appropriations for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Commuters Relief Act of 2007''. SEC. 2. FINDINGS. The Congress hereby finds: (1) In 2007, the price of gasoline has risen to record levels in many areas of the United States. (2) Rising gas prices present significant challenges to commuters dependent on cars or other automobiles for transportation to and from their places of employment. (3) Residents of rural areas are particularly affected by increasing gasoline prices given their limited access to public transportation and longer distances between homes and places of employment. (4) The health of economies in many rural areas is particularly susceptible to harm from the increasing price of gasoline. (5) The documented incidence of poverty is higher outside of metropolitan areas than within such areas. SEC. 3. DEDUCTION FOR LONG-DISTANCE RURAL COMMUTERS DURING PERIODS OF HIGH GASOLINE PRICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. HIGH GASOLINE EXPENSES FOR LONG-DISTANCE RURAL COMMUTERS. ``(a) Allowance of Deduction.--In the case of an eligible individual, there shall be allowed as a deduction the sum of the amounts determined under subsection (b) for each high gasoline price month during the taxable year. ``(b) Amount of Credit.-- ``(1) In general.--The amount of credit determined under this subsection for each high gasoline price month is $100. ``(2) Increased credit for carpooling.--The amount of credit determined under paragraph (1) for each high gasoline price month shall be increased by $100 if the eligible individual car pools an average of 4 days per week during the 3-month period ending with such month. ``(3) Car pool.--An individual car pools on any trip if at least one other individual is in the highway motor vehicle during substantially all of the trip in connection with the employment of such other individual. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(A) throughout such month, the distance between the individual's principal place of abode and primary place of employment is more than 30 miles, ``(B) on at least 4 days during each week of such month, such individual commutes between such place of abode and place of employment using a highway motor vehicle-- ``(i) which is fueled gasoline or diesel fuel, and ``(ii) which is registered to such individual or to another individual as part of a car pooling arrangement between such individuals, ``(C) both such places are in rural areas, and ``(D) the family income of the family which includes the taxpayer does not exceed the median family income for the United States. ``(2) Rural area.--The term `rural area' means any nonmetropolitan area (as determined by the Office of Management and Budget for census purposes) with a population of not more than 30,000. ``(d) High Gasoline Price Month.--For purposes of this section-- ``(1) In general.--The term `high gasoline price month' means any calendar month during which the average weekly retail price of regular grade gasoline (inclusive of taxes) for applicable PAD District is at least $3 per gallon. ``(2) Applicable pad district.--For purposes of paragraph (1), the applicable PAD district is the Petroleum Administration for Defense District which includes most of the distance between the individual's principal place of abode and primary place of employment. ``(e) Separate Application to Individuals Filing Joint Returns.-- This section shall be applied separately to individuals filing a joint return.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) High gasoline expenses for long-distance rural commuters.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 as inserting the following new items: ``Sec. 224. High gasoline expenses for long-distance rural commuters. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to calendar months beginning after the date of the enactment of this Act and to taxable years ending after such date.
Rural Commuters Relief Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers who reside in a rural area of not more than 30,000 people a tax deduction for up to $100 of commuting costs in any month in which the cost of gasoline is at least $3 per gallon (high gasoline price month). Allows an additional $100 deduction amount for carpooling during a high gasoline price month. Allows individual taxpayers to claim such deduction whether or not they itemize their other deductions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Animal Identification Plan Implementation Act''. SEC. 2. ANIMAL IDENTIFICATION PLAN. Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) is amended by adding at the end the following: ``(f) Animal Identification Plan.-- ``(1) Definition of animal identification plan.-- ``(A) In general.--The term `animal identification plan' means the United States Animal Identification Plan developed by the National Animal Identification Development Team. ``(B) Inclusions.--The term `animal identification plan' includes-- ``(i) the operational premises identification allocation system; ``(ii) the operational certification system able to certify State premises and animal number allocation systems; ``(iii) the operational premises repository; and ``(iv) the operational identification database. ``(2) Implementation priority.--Subject to the availability of appropriations and cost-share agreements, the Secretary shall implement the animal identification plan-- ``(A) for beef and dairy cattle that are at least 30 months old on the date of enactment of this subsection, not later than 60 days after the date of enactment of this subsection; ``(B) for all other beef and dairy cattle, not later than 90 days after the date of the enactment of this subsection; ``(C) for all other ruminate livestock, not later than 180 days after the date of enactment of this subsection; and ``(D) for all other livestock, not later than 1 year after the date of enactment of this subsection. ``(3) Participation by state and third-party vendors.--The Secretary may enter into agreements to collect information for the animal identification plan with States or third-party vendors that meet the requirements of the animal identification plan. ``(4) Confidentiality of information.-- ``(A) In general.--In implementing the animal identification plan, the Secretary shall ensure the privacy of producers by-- ``(i) collecting only data necessary to establish and maintain the animal identification plan; and ``(ii) maintaining the confidentiality of information collected from producers. ``(B) Nonapplication of foia.--Section 552 of title 5, United States Code, shall not apply to the animal identification plan. ``(C) Application of privacy act.--Section 552a of title 5, United States Code, shall apply to any information collected to implement this subsection. ``(5) Financial assistance.--The Secretary may provide financial assistance to producers to assist the producers in complying with the animal identification plan. ``(6) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2004, of which at least $25,000,000 shall be available to carry out paragraph (5). ``(B) Use of commodity credit corporation funds.-- Subject to subparagraph (C), if less than $50,000,000 is appropriated for fiscal year 2004, the Secretary may use up to $50,000,000 of the funds of the Commodity Credit Corporation to carry out this subsection. ``(C) Limitation on amount of funds.--No more than $50,000,000 may be used to carry out this subsection.''. SEC. 3. RUMINANT FEED BAN. (a) In General.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) monitor the implementation of section 589.2000 of title 21, Code of Federal Regulations (relating to animal proteins prohibited in ruminant feed); (2) conduct an annual formal evaluation of the effectiveness and implementation of that section; and (3) submit to Congress an annual report that describes the formal evaluation. (b) Enforcement Plan.-- (1) In general.--The Secretary shall develop and implement a plan for enforcing section 589.2000 of title 21, Code of Federal Regulations. (2) Inclusions.--The plan shall include-- (A) a hierarchy of enforcement actions to be taken; (B) a timeframe to allow a person subject to section 589.2000 of title 21, Code of Federal Regulations, to correct violations; and (C) a timeframe for subsequent inspections to confirm that violations have been corrected.
United States Animal Identification Plan Implementation Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to implement the animal identification plan (developed by the National Animal Identification Development Team) for: (1) beef and dairy cattle that are at least 30 months old on the date of enactment of this Act, not later than 60 days after such enactment; (2) all other beef and dairy cattle, not later than 90 days after the date of such enactment; (3) all other ruminate livestock, not later than 180 days after the date of such enactment; and (4) all other livestock, not later than one year after the date of such enactment. Authorizes the Secretary to enter into State or third-party information collection agreements. Provides for: (1) confidentiality of producer information; and (2) nonapplication of the Freedom of Information Act. Directs: (1) the Secretary of Health and Human Services, through the Commissioner of Food and Drugs, to monitor and report on the implementation of certain regulations relating to prohibited animal proteins in ruminant feed; and (2) the Secretary to develop a related enforcement plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Examination Fairness and Reform Act''. SEC. 2. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Director describing with particularity the reasons that a longer period is needed to complete the examination. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 3. INDEPENDENT EXAMINATION REVIEW DIRECTOR. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW. ``(a) Establishment.--There is established in the Council an Office of Independent Examination Review. ``(b) Head of Office.--There is established the position of the Independent Examination Review Director, as the head of the Office of Independent Examination Review. The Director shall be appointed by the Federal Financial Institutions Examination Council. ``(c) Staffing.--The Director is authorized to hire staff to support the activities of the Office of Independent Examination Review. ``(d) Duties.--The Director shall-- ``(1) receive and, at the discretion of the Director, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; ``(2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; ``(3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; ``(4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; ``(5) adjudicate any supervisory appeal initiated under section 1014; and ``(6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council's recommendations for improvements in examination procedures, practices, and policies. ``(e) Confidentiality.--The Director shall keep confidential all meetings, discussions, and information provided by financial institutions.''. (b) Definition.--Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by adding ``and'' at the end; and (3) by adding at the end the following: ``(4) the term `Director' means the Independent Examination Review Director established under section 1013(a) and (b).''. SEC. 4. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. The Federal Financial Institutions Examination Council Act of 1978, as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. ``(a) In General.--A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. ``(b) Notice.-- ``(1) Timing.--A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Director within 60 days after receiving the final report of examination that is the subject of such review. ``(2) Identification of determination.--The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. ``(3) Information to be provided to institution.--Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. ``(c) Right to Hearing.-- ``(1) In general.--The Director shall-- ``(A) determine the merits of the appeal on the record; or ``(B) at the election of the financial institution, refer the appeal to an administrative law judge to conduct a hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which shall take place not later than 60 days after the petition for review is received by the Director. ``(2) Timing of decision.--An administrative law judge conducting a hearing under paragraph (1)(B) shall issue a proposed decision to the Director based upon the record established at the hearing. ``(3) Standard of review.--In any hearing under this subsection-- ``(A) neither the administrative law judge nor the Director shall defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency's decision based upon the relevant statutes, regulations, other appropriate guidance, and evidence presented at the hearing. ``(d) Final Decision.--A decision by the Director on an independent review under this section shall-- ``(1) be made not later than 60 days after the record has been closed; and ``(2) be deemed final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. ``(e) Right to Judicial Review.--A financial institution shall have the right to petition for review of the decision of the Director under this section by filing a petition for review not later than 60 days after the date on which the decision is made in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. ``(f) Report.--The Director shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. ``(g) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section.''. SEC. 5. ADDITIONAL AMENDMENTS. (a) Regulator Appeals Process, Ombudsman, and Alternative Dispute Resolution.-- (1) In general.--Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806) is amended-- (A) in subsection (a), by inserting after ``appropriate Federal banking agency'' the following: ``, the Bureau of Consumer Financial Protection,''; (B) in subsection (b)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as redesignated), by striking ``In establishing'' and inserting ``(1) In general.--In establishing''; (iii) in paragraph (1)(B) (as redesignated), by striking ``the appellant from retaliation by agency examiners'' and inserting ``the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a)''; and (iv) by adding at the end the following: ``(2) Retaliation.--For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution's or credit union's rights under this section.''; (C) in subsection (e)(2)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection.''; and (D) in subsection (f)(1)(A) (i) in clause (ii), by striking ``; and'' and inserting a semicolon; (ii) in clause (iii), by striking ``; and'' and inserting a semicolon; and (iii) by adding at the end the following: ``(iv) any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors; and ``(v) any suspension or removal of an institution's status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for a material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and''. (2) Effect.--Nothing in this subsection affects the authority of an appropriate Federal banking agency or the National Credit Union Administration Board to take enforcement or other supervisory action. (b) Federal Credit Union Act.--Section 205(j) of the Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``the Administration'' each place that term appears. (c) Federal Financial Institutions Examination Council Act.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by sections 2 through 4 of this Act, is further amended-- (1) in section 1003 (12 U.S.C. 3302) by striking paragraph (1) and inserting the following: ``(1) the term `Federal financial institutions regulatory agencies'-- ``(A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and ``(B) includes the Bureau of Consumer Financial Protection for purposes of sections 1012 through 1014;''; and (2) in section 1005 (12 U.S.C. 3304), by striking ``One- fifth'' and inserting ``One-fourth''.
Financial Institutions Examination Fairness and Reform Act This bill amends the Federal Financial Institutions Examination Council Act of 1978 to:   set deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency, and establish the Office of Independent Examination Review to adjudicate appeals and investigate complaints from financial institutions concerning examination reports. The bill also requires the establishment of an independent internal agency appellate process at the Consumer Financial Protection Bureau (CFPB) for the review of supervisory determinations made at institutions supervised by the CFPB.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinyon-Juniper Related Projects Implementation Act''. SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS. (a) Availability of Special Account Under Lincoln County Land Act of 2000.--Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1048), is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``and implementation'' after ``development''; and (B) in subparagraph (C)-- (i) in clause (i), by striking ``; and'' at the end and inserting a semicolon; (ii) in clause (ii), by striking ``; and'' at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(iii) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and ``(iv) completing compliance activities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management- designated Dry Lake Valley North Solar Energy Zone; and''; and (2) by adding at the end the following: ``(3) Waiver of fees.--Processing of applications for rights-of-way submitted by a local government or regional government to serve land conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. ``(4) Cooperative agreements.--Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County- provided law enforcement and planning related activities regarding-- ``(A) wilderness in Lincoln County, Nevada, designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(B) cultural resources identified, protected, and managed pursuant to that Act; ``(C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and ``(D) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to that Act and this Act.''. (b) Availability of Special Account Under Lincoln County Conservation, Recreation, and Development Act of 2004.--Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is amended-- (1) in subsection (b)(3)-- (A) in subparagraph (E), by striking ``; and'' at the end and inserting a semicolon; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; (C) by adding at the end the following: ``(G) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and ``(H) completing compliance activities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management- designated Dry Lake Valley North Solar Energy Zone.''; and (2) by adding at the end the following: ``(d) Waiver of Fees.--Processing of applications for rights-of-way submitted by a local government or regional government to serve lands conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. ``(e) Cooperative Agreements.--Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County-provided law enforcement and planning related activities regarding-- ``(1) wilderness in Lincoln County, Nevada, designated by this Act; ``(2) cultural resources identified, protected, and managed pursuant to this Act; ``(3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and ``(4) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to this Act and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046).''. SEC. 3. DISPOSITION OF PROCEEDS. (a) Disposition of Proceeds Under Lincoln County Land Act of 2000.--Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047) is amended by inserting ``and economic development'' after ``schools''. (b) Disposition of Proceeds Under Lincoln County Conservation, Recreation, and Development Act of 2004.--Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended by striking ``and transportation'' and inserting ``transportation, and economic development''. SEC. 4. CERTAIN LAND IN UTILITY CORRIDOR NOT WITHDRAWN. Section 301(c) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) is amended in the matter preceding paragraph (1) by inserting ``(other than land in the corridor located in sections 7, 8, 9, 10, and 15, T. 7 N., R. 68 E.)'' after ``subsection (a)''.
Pinyon-Juniper Related Projects Implementation Act - Amends the Lincoln County Land Act of 2000 (the Act) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Amends the Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 to make certain amounts available for: (1) pinyon-juniper dominated landscape restoration projects within the county, consistent with the Ely Resource Management Plan; and (2) completing specified plans and activities. Declares that establishment and funding of cooperative agreements between the BLM and Lincoln County shall be required for certain county-provided law enforcement and planning related activities. Requires the use of a portion of proceeds from land sales under both Acts for economic development in Lincoln County. Excludes specified public land within certain utility corridors in Lincoln and Clark Counties, Nevada, from being withdrawn from public land, mining, and mineral leasing and geothermal leasing laws.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Handgun Safety Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is in the interest of the Nation to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would disallow unauthorized users, whether they be children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow for authorized users to continue to lawfully own and use their handgun more safely. (4) In 2011, according to the Centers for Disease Control (CDC), there were 851 accidental firearm deaths. (5) In 2010, according to the CDC, 62 people under the age of 15 were killed accidentally with firearms. (6) Almost 350,000 incidents of firearm theft from private citizens occur annually according to the National Crime Victimization Survey. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS SEC. 101. AUTHORIZATION. The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the ``Director''), shall make grants to qualified entities to develop technology for personalized handguns. SEC. 102. APPLICATIONS. A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 103. USES OF FUNDS. A qualified entity receiving a grant under this title-- (1) shall use not less than 70 percent of such funds to develop technology for personalized handguns; (2) may use not more than 20 percent of such funds to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of such funds for administrative costs associated with the development of technology funded under this title. SEC. 104. TERM; RENEWAL. (a) Term.--A grant awarded under this title shall be for a term of one year. (b) Renewal.--A qualified entity receiving a grant under this title may renew such grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 105. REPORTS. A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. The Director shall transmit to Congress each year a report containing a summary of such information received. SEC. 106. REGULATIONS. The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. SEC. 107. DEFINITIONS. In this title: (1) Handgun.--The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (2) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only the authorized users of a handgun to fire such handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun, and is not sold as an accessory; and (ii) cannot be readily removed or deactivated. (3) Qualified entity.--The term ``qualified entity'' means-- (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 2001)). (4) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only the authorized users of a handgun to fire such handgun; and (B) cannot be readily removed or deactivated. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $2,000,000 for fiscal years 2015 and 2016. TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD SEC. 201. CONSUMER PRODUCT SAFETY STANDARD. (a) Establishment of Standard.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act (15 U.S.C. 2056(a)) for handguns. (b) Standard Requirements.--The standard established under subsection (a) shall require that-- (1) effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and (2) effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be-- (A) personalized handguns, if manufactured on or after the effective date in paragraph (1); or (B) retrofitted personalized handguns, if manufactured before the effective date in paragraph (1). (c) Exemptions.-- (1) Antique firearms.--The standard established under subsection (a) shall not require retrofitting or personalization of antique firearms. (2) Military firearms.--The standard established under subsection (a) shall not apply to a firearm that is owned by the Department of Defense. (d) Cost of Retrofitting.-- (1) In general.--Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection (b) shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required. (2) Reimbursement.--Section 524(c) of title 28, United States Code, is amended-- (A) in subparagraph (H), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (I) the following: ``(J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act.''. (e) Availability of an Action on Behalf of a State.--If an attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate. SEC. 202. DEFINITIONS. In this title: (1) Authorized user.--The term ``authorized user'', with respect to a firearm, means the lawful owner of the firearm and any individual authorized by the owner to use the firearm who is allowed to own, carry, or use a firearm in the State where the firearm is being used. (2) Handgun and antique firearm.--The terms ``handgun'' and ``antique firearm'' have the meanings given such terms in section 921 of title 18, United States Code. (3) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (4) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT. Section 4 of the Protection of Lawful Commerce in Arms Act (Public Law 109-92) is amended-- (1) in paragraph (4), by adding at the end the following: ``Notwithstanding the preceding sentence, the term `qualified product' does not include any handgun manufactured after the 2- year period that begins with the date of the enactment of this sentence that is not a personalized handgun or a retrofitted personalized handgun.''; and (2) by adding at the end the following: ``(10) Authorized user.--The term `authorized user', with respect to a handgun, means the lawful owner of the handgun and any individual authorized by the owner to use the handgun who is allowed to own, carry, or use a handgun in the State where the handgun is being used. ``(11) Personalized handgun.--The term `personalized handgun' means a handgun that-- ``(A) enables only an authorized user of a handgun to fire the handgun; and ``(B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- ``(i) is incorporated into the design of the handgun; and ``(ii) cannot be readily removed or deactivated. ``(12) Retrofitted personalized handgun.--The term `retrofitted personalized handgun' means a handgun fitted with a device that-- ``(A) enables only an authorized user of a handgun to fire the handgun; and ``(B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. ``(13) Handgun.--The term `handgun' has the meaning given the term in section 921(a)(29) of title 18, United States Code.''.
Personalized Handgun Safety Act - Requires the Director of the National Institute of Justice to make grants to qualified entities (states or local governments, organizations, or institutions of higher education) to develop technology for personalized handguns (a handgun that enables only the authorized user to fire it). Requires a recipient to use not less than 70% of grant funds to develop technology for personalized handguns. Allows such entity to use not more than: (1) 20% of such funds to develop technology for retrofitted personalized handguns, and (2) 10% of such funds for administrative costs. Provides for one-year grant awards, subject to renewal. Directs the Consumer Product Safety Commission (CPSC) to promulgate a consumer product safety standard providing a specified timetable by which handguns manufactured, sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be personalized handguns or retrofitted personalized handguns, depending on the date of manufacture. Exempts antique firearms and firearms owned by the Department of Defense (DOD). Requires the cost of retrofitting a handgun to be borne by the manufacturer if the manufacturer is operational at the time the retrofit is required. Makes appropriations for the Department of Justice (DOJ) available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Authorizes an official or agency of a state to bring a civil action in U.S. district court against a handgun seller or manufacturer on behalf of residents adversely affected by a violation of such standard. Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of "qualified product" any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Document Fraud Prevention Act of 1993''. SEC. 2. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS. (a) In General.--The Attorney General shall cause to be issued new registration and identification cards to all aliens who are qualified to hold employment in the United States for the purpose of providing proof of employment eligibility under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (b) Requirements.--(1) Each new registration and identification card issued under subsection (a) shall-- (A) be in a form which is resistant to counterfeiting and tampering; (B) be designed in such a manner so that an employer can reliably determine that-- (i) the person with the bearer's claimed identity is eligible to be employed in the United States, and (ii) the bearer is not claiming the identity of another individual; (C) contain a photograph and other identifying information (such as date of birth, sex, and distinguishing marks) that would allow an employer to determine with reasonable certainty that the bearer is not claiming the identity of another individual; (D) in the case of a card issued to-- (i) a work-eligible nonimmigrant admitted under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), (ii) an alien admitted for temporary residence under section 210 of such Act (8 U.S.C. 1160), (iii) an alien granted temporary protected status under section 244A of such Act (8 U.S.C. 1254a), and (iv) an alien authorized to work by the Immigration and Naturalization Service pending a final determination of deportability, shall specify the expiration date of the work authorization on the face of the card; and (E) shall specify the alien's admission number or alien file number. (2) The new card shall be valid for a period of 10 years and must be reissued to remain valid after the 10th anniversary of the date of its issue. (3) The new card shall note on its face whether work authorization is restricted. (4) An employer, for purposes of satisfying the requirements of section 274A(b) of the Immigration and Nationality-- (A) may require an alien seeking employment to produce the new card as proof of employment eligibility, and (B) may inquire whether an applicant's limited work authorization has expired or has been reauthorized at the end of a work authorization period. Such a requirement or inquiry shall not constitute an unfair immigration-related employment practice under section 274B of such Act. SEC. 3. IMPLEMENTATION. (a) In General.--Each alien who is authorized to be employed in the United States shall, on or before October 1, 1994, turn in any alien registration and identification card which is in the alien's possession at any post office or office of the Immigration and Naturalization Service. No resident alien shall receive the new card until-- (1) the alien-- (A) has surrendered the old green card, (B) has provided proof of identity, (C) has provided such other documents as may be required under law, and (D) has paid a fee (not to exceed $75) that is reasonable and sufficient to cover the costs of administration of this section; and (2) the Service has verified the lawful status of the alien. The Attorney General may waive payment of the fee under paragraph (1)(D) (or reduce the amount of such fee) if the alien provides satisfactory evidence that the alien cannot afford the full fee. (b) Posting of Notices.--Notices of the requirement of subsection (a) shall be posted in all post offices and Immigration and Naturalization Service offices and published in local newspapers during fiscal year 1994. (c) Invalidity of Old Cards.--Any alien registration or identification card for permanent resident aliens, other than an alien registration and identification card issued under this section, shall be invalid as of midnight of October 1, 1997. (d) Use of New Cards Under SAVE Program.-- (1) In general.--Section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Document Fraud Prevention Act of 1993.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', and (C) in paragraph (4), by striking ``paragraph (2)(A)'' and inserting ``such paragraph''. (2) Housing assistance.--Section 214(d) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)) is amended-- (A) in paragraph (2), by striking ``either'' and all that follows through the end and inserting the following: ``a registration and identification card issued under section 2(a) of the Immigration Document Fraud Prevention Act of 1993.'', (B) in paragraph (3), by striking ``paragraph (2)(A)'' and inserting ``paragraph (2)'', (C) in paragraph (4), by striking ``paragraph (2)(A)'' the first place it appears and inserting ``paragraph (2)'', and (D) in paragraph (4), by striking ``paragraph (2)(A)'' the second place it appears and inserting ``such paragraph''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 1997. SEC. 4. NO NATIONAL IDENTITY CARD. The new card described in section 2-- (1) shall not be considered a national identity card; (2) shall not be issued to any citizen or national of the United States; and (3) shall-- (A) not be required to be carried on one's person, and (B) not be required to be presented other than-- (i) upon request by a prospective employer for any purposes other than under this section or under sections 1001, 1023, 1566, and 1621 of title 18, United States Code, or to satisfy the requirements of section 274A of the Immigration and Nationality Act, or (ii) for purposes of carrying out section 1137(d) of the Social Security Act or section 214(d) of the Housing and Community Development Act of 1980. SEC. 5. EMPLOYER EDUCATION PROGRAM. The Attorney General, in consultation with the Secretary of Labor, the Administrator of the Small Business Administration, and the Commissioner of the Internal Revenue, shall conduct a nationwide program to inform employers about their responsibilities under the Immigration and Nationality Act and the uses of the new alien registration and identification cards issued under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for each of fiscal years 1994 and 1995 to carry out this Act. SEC. 7. STRONGER PENALTIES FOR IMMIGRATION FRAUD. (a) Fraud and Misuse of Visas, Permits, and Other Documents.-- Section 1546(a) of title 18, United States Code, is amended by striking ``five years'' each place it appears and inserting ``10 years''. (b) Fraud and Related Activity in Connection with Identification Documents.--Section 1028(b)(1) of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years''. SEC. 8. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT. The Attorney General shall continue to conduct the demonstration projects under section 274A of the Immigration and Nationality Act in order to establish if it is feasible to determine the employment eligibility of aliens authorized to work in the United States through the use of a telephone and computation capability that is available on the date of enactment of this Act. The Attorney General shall submit a report to Congress on such projects by not later than October 1, 1994.
Immigration Document Fraud Prevention Act of 1993 - Provides for: (1) the replacement of current green cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all permanent resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Increases immigration fraud penalties.
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SECTION 1. REDUCTION IN PAY OF MEMBERS WHO MISS VOTES BECAUSE OF CAMPAIGNING FOR ELECTION TO OTHER OFFICE. (a) Reduction in Pay.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is amended-- (1) in paragraph (1), in the matter following subparagraph (C), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Reduction in pay of members missing votes because of campaigning for election to other office.-- ``(A) Members of the house.-- ``(i) Reduction.--If during a Congress a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) is a candidate for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the rate of pay otherwise applicable to the Member for any month during that Congress shall be reduced by the Member's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Member of the House of Representatives described in clause (i) with respect to any month is equal to the percentage of votes taken in the House of Representatives during that month (including votes taken in the Committee of the Whole House on the State of the Union) for which the Member did not cast a vote because the Member was absent from the House on the day the vote was taken, unless on such day the Member did not engage in any campaign- related activity for the election described in clause (i). ``(iii) Duties of clerk.--The Clerk of the House of Representatives shall-- ``(I) consult with the Federal Election Commission on an ongoing basis to determine which Members (if any) are candidates for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(II) provide the Chief Administrative Officer of the House of Representatives with such information as the Chief Administrative Officer may require in order to carry out this subparagraph. ``(B) Senators.-- ``(i) Reduction.--If during a Congress a Senator is a candidate for election to any office other than the office of Senator, the rate of pay otherwise applicable to the Senator for any month during that Congress shall be reduced by the Senator's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Senator described in clause (i) with respect to any month is equal to the percentage of votes taken in the Senate during that month for which the Senator did not cast a vote because the Senator was absent from the Senate on the day the vote was taken, unless on such day the Senator did not engage in any campaign-related activity for the election described in clause (i). ``(iii) Duties of secretary.--The Secretary of the Senate shall consult with the Federal Election Commission on an ongoing basis to determine which Senators (if any) are candidates for election to any office other than the office of Senator. ``(C) Transfer of funds to reduce the public debt.--For each fiscal year, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the account established by section 3113(d) of title 31, United States Code, an amount equal to the difference between the aggregate amount expended for the pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended for the pay of Members of Congress for the fiscal year but for the operation of this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2013.
Amends the Legislative Reorganization Act of 1946 to reduce the rate of pay otherwise applicable to Members of Congress for any month, during a Congress, by the Member's missed vote percentage for the most recent month before such month if the individual missed votes because of campaigning for election to another office. Applies this requirement to a vote taken in the Committee of the Whole House on the State of the Union unless the Member of the House of Representatives did not engage in any campaign-related activity on the date of the vote. Requires the Secretary of the Treasury to transfer from the general fund of the Treasury to a specified mandatory account to reduce the public debt the difference between the aggregate amount expended for pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended but for the reduction in pay.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Terry Peak Land Transfer Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Certain National Forest System land located in the Black Hills National Forest in Lawrence County, South Dakota, is currently permitted to the Terry Peak Ski Area by the Secretary of Agriculture pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b). (2) The National Forest System land comprises only 10 percent of the land at the Ski Area, with the remaining 90 percent located on private land owned by the Ski Area operator. (3) As the fractional Forest Service land holding at the Ski Area is also encumbered by ski lifts, ski trails, a base lodge parking lot and other privately owned improvements, it serves little purpose in continued public ownership, and can more logically be conveyed to the Ski Area to unify land management and eliminate permitting and other administrative costs to the United States. (4) The Ski Area is interested in acquiring the land from the United States, but the Secretary does not have administrative authority to convey such land in a nonsimultaneous land exchange absent specific authorization from Congress. (5) The Black Hills National Forest contains several small inholdings of undeveloped private land with multiple landowners which complicate National Forest land management and which can be acquired by the United States from willing sellers if acquisition funds are made available to the Secretary. (6) The proceeds from the Terry Peak conveyance can provide a modest, but readily available and flexible, funding source for the Secretary to acquire certain inholdings in the Black Hills National Forest from willing sellers, and given the small and scattered nature of such inholdings, and number of potential sellers involved, can do so more efficiently and quickly than through administrative land exchanges. (7) It is, therefore, in the public interest to convey the National Forest System land at Terry Peak to the Ski Area at fair market value and to utilize the proceeds to acquire more desirable lands for addition to the Black Hills National Forest for permanent public use and enjoyment. (b) Purpose.--It is the purpose of this Act to require the conveyance of certain National Forest System lands at the Terry Peak Ski Area to the Ski Area and to utilize the proceeds to acquire more desirable lands for the United States for permanent public use and enjoyment. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. (2) The term ``selected land'' means land comprising approximately 41.42 acres and generally depicted as Government lots 6 and 11, section 2, township 4 north, range 2 east, Black Hills meridian, on a map entitled ``Terry Peak Land Conveyance'', dated March 1999. (3) The terms ``Terry Peak Ski Area'' and ``Ski Area'' mean the Black Hills Chairlift Company, a South Dakota Corporation, or its successors, heirs and assigns. SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS. (a) Conveyance Required.--The Secretary of Agriculture shall convey the selected land to the Terry Peak Ski Area at fair market value, as determined by the Secretary. (b) Appraisal.--The value of the selected land shall be determined by the Secretary utilizing nationally recognized appraisal standards, including to the extent appropriate, the Uniform Appraisal Standards For Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and other applicable law. The costs of the appraisal shall be paid for by the Ski Area. (c) Completion of Conveyance.--It is the sense of the Congress that the conveyance to the Ski Area required by this Act be consummated no later than 6 months after the date of the enactment of this Act, unless the Secretary and the Ski Area mutually agree to extend the consummation date. Prior to conveying the selected land to the Ski Area, the Secretary shall complete standard pre-disposal analyses and clearances pertaining to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. (d) Use of Proceeds by the Secretary.--All monies received by the Secretary pursuant to this Act shall be considered monies received and deposited pursuant to Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act) and shall be utilized by the Secretary to acquire replacement land from willing sellers for addition to the Black Hills National Forest in South Dakota. Any lands so acquired shall be added to and administered as part of the Black Hills National Forest and, if any such land lies outside the exterior boundaries of the Forest, the Secretary may modify the boundary of the Forest to include such land. Nothing in this section shall be construed to limit the authority of the Secretary to adjust the boundaries of the Forest pursuant to section 11 of the Act of March 1, 1911 (16 U.S.C. 521; commonly known as the Weeks Act). (e) Conveyance Subject to Valid Existing Rights, Easements.--The conveyance to the Ski Area required by this Act shall be subject to valid existing rights and to existing easements, rights-of-way, utility lines and any other right, title or interest of record on the selected land as of the date of transfer of the selected land to the Terry Peak Ski Area. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Terry Peak Land Transfer Act of 1999 - Directs the Secretary of Agriculture to convey certain Black Hills National Forest land in South Dakota to the Terry Peak Ski Area.
{"src": "billsum_train", "title": "Terry Peak Land Act of 1999"}
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SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--The Immigration and Nationality Act is amended by adding after title V the following new title: ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS ``congressional policy regarding ineligibility of aliens not lawfully present in the united states for public education benefits ``Sec. 601. (a) Statement of Policy.--Because Congress views that the right to a free public education for aliens who are not lawfully present in the United States promotes violations of the immigration laws and because such a free public education for such aliens creates a significant burden on States' economies and depletes States' limited educational resources, Congress declares it to be the policy of the United States that-- ``(1) aliens who are not lawfully present in the United States are not entitled to public education benefits in the same manner as United States citizens, nationals, and lawful resident aliens; and ``(2) States should not be obligated to provide public education benefits to aliens who are not lawfully present in the United States. ``(b) Construction.--Nothing in this section shall be construed as expressing any statement of Federal policy with regard to-- ``(1) aliens who are lawfully present in the United States, ``(2) benefits other than public education benefits provided under State law, or ``(3) preventing the exclusion or deportation of aliens unlawfully present in the United States. ``authority of states ``Sec. 602. (a) In General.--In order to carry out the policies described in section 601, each State may provide, subject to subsection (f), with respect to an alien who is not lawfully present in the United States that-- ``(1) the alien is not eligible for public education benefits under State law; or ``(2) the alien is required, as a condition of obtaining such benefits, to pay a fee in an amount consistent with the following: ``(A) In the case of a State that requires payment of a fee of nonresidents as a condition of obtaining such benefits, the amount of such nonresident fee. ``(B) In the case of any other State, an amount specified by the State, not to exceed the average per pupil expenditures for such benefits (as determined by the State and selected by the State either for the State or for the local educational agency involved). ``(b) Individuals Not Lawfully Present in the United States.--For purposes of subsection (a), an individual shall be considered to be not lawfully present in the United States unless the individual (or, in the case of an individual who is a child, another on the child's behalf)-- ``(1) declares in writing under penalty of perjury that the individual (or child) is a citizen or national of the United States and (if required by a State) presents evidence of United States citizenship or nationality; or ``(2)(A) declares in writing under penalty of perjury that the individual (or child) is not a citizen or national of the United States but is an alien lawfully present in the United States, and ``(B) presents either-- ``(i) documentation described in section 1137(d)(2) of the Social Security Act, or ``(ii) such other documents as the State determines constitutes reasonable evidence indicating that the individual (or child) is an alien lawfully present in the United States. ``(c) Procedures for Screening.--If a State provides for immigration eligibility screening pursuant to this section for individuals who are seeking public education benefits, the State shall provide for such screening for all individuals seeking such benefits. ``(2) A State may (at its option) verify with the Service the alien's immigration status through a system for alien verification of eligibility (SAVE) described in section 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)). ``(d) Opportunity for Fair Hearing.--If a State denies public education benefits under this section with respect to an alien, the State shall provide the alien with an opportunity for a fair hearing to establish that the alien has been determined by the Service to be lawfully present in the United States, consistent with subsection (b) and Federal immigration law. ``(e) No Requirement to Deny Free Public Education.--No State shall be required by this section to deny public education benefits to any alien not lawfully present in the United States. ``(f) No Authority to Deny Free Public Education to Students Enrolled At Any Time During the Period Beginning September 1, 1996, and Ending July 1, 1997.--(1) A State may not deny, and may not require payment of a fee as a condition for the receipt of, public education benefits under this section with respect to a protected alien. ``(2) For purposes of this subsection, the term `protected alien' means an alien who is not lawfully present in the United States and is enrolled as a student in a public elementary or secondary school in the United States at any time during the period beginning September 1, 1996, and ending July 1, 1997. ``(g) No Impact on Immigration Status.--Nothing in this section or section 601 shall be construed as affecting the immigration status of any alien, including the conferring of any immigration benefit or change in any proceedings under this Act with respect to the alien.''. (b) Clerical Amendment.--The table of contents is amended by adding at the end the following new items: ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS ``Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully present in the United States for public education benefits. ``Sec. 602. Authority of States.''. Passed the House of Representatives September 25, 1996. Attest: ROBIN H. CARLE, Clerk.
Amends the Immigration and Nationality Act to authorize States to deny, or require specified fees for, public education benefits to aliens not lawfully present in the United States who are not enrolled in the public schools during the period beginning September 1, 1996, through July 1, 1997.
{"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to authorize States to deny public education benefits to aliens not lawfully present in the United States who are not enrolled in public schools during the period beginning September 1, 1996, and ending July 1, 1997."}
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SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) In General.-- (1) Old-age insurance benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (2) Wife's insurance benefits.-- (A) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (3) Husband's insurance benefits.-- (A) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (4) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (B) by striking ``dies, or'' in subparagraph (D). (5) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (6) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (7) Mother's and father's insurance benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (A) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (B) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (8) Parent's insurance benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (9) Disability insurance benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (10) Benefits at age 72 for certain uninsured individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (b) Computation of Last Monthly Payment.-- (1) Old-age and survivors insurance benefits.--Section 202 of such Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection) multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (2) Disability insurance benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (3) Benefits at age 72 for certain uninsured individuals.-- Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (determined before application of this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the date of the enactment of this Act.
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to OASDI benefits through the month of his or her death with benefits for that month computed on a prorated basis.
{"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide for payment of a benefit for the month of the recipient's death."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Homebuyer Accessibility Act of 2012''. SEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT. (a) In General.--Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.''. (b) Additional Limitation for Adaptive Housing Improvements.-- Paragraph (1) of section 36(b) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for adaptive housing improvements.--In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(i) provided to the veteran pursuant to specially adapted housing assistance under chapter 21 of title 38, United States Code, or ``(ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities.''. (c) Eligible Veteran.-- (1) In general.--Paragraph (1) of section 36(c) of such Code is amended by striking ``First-time homebuyer.--The term `first time homebuyer' means any individual'' and inserting ``Eligible veteran.--The term `eligible veteran' means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code)''. (2) Long-time resident.--Paragraph (6) of section 36(c) of such Code is amended by striking ``treated as a first-time homebuyer'' and inserting ``treated as meeting the no present ownership interest requirement of paragraph (1)''. (d) Recapture of Credit.--Subsection (f) of section 36 is amended to read as follows: ``(f) Recapture of Credit.-- ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraphs (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (e) Application of Credit.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``(h) Termination.--This section shall not apply to any residence purchased after December 31, 2016.''. (f) Assignment of Credit in Case of Construction.--Section 36, as amended by this Act, is amended by adding at the end the following new subsection: ``(i) Credit May Be Assigned.-- ``(1) In general.--In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraphs (B) of subsection (b)(1). ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (g) Conforming Amendments.-- (1) Paragraph (2) of section 26(b) of such Code is amended by striking ``and'' at the end of subparagraph (W), by striking the period at the end of subparagraph (X) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(Y) section 36(f) (relating to recapture of veteran first-time homebuyer tax credit).''. (2) Section 38(b) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) the portion of the veteran first-time homebuyers credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies,''. (3) The heading for section 1400C(e)(4) is amended by striking ``national first-time homebuyers credit'' and inserting ``veteran first-time homebuyers credit''. (h) Clerical Amendment.--The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 36. Veteran first-time homebuyer credit.''. (i) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: ``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. ``(a) In General.--In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $8,000. ``(c) Qualified Adaptive Housing Improvement.--For purposes of this section, the term `qualified adaptive housing improvement' means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(1) provided to the veteran pursuant to specially adapted housing assistance under chapter 21 of title 38, United States Code, or ``(2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. ``(d) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (2) Section 38(b), as amended by this Act, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Veteran home mobility improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.
Veterans Homebuyer Accessibility Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to allow veterans of the Armed Forces a tax credit for 10% of the purchase price of a principal residence purchased prior to January 1, 2017. Allows an additional credit for the cost of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran. Requires a recapture of credit amounts if the veterans sells such residence within 36 months after purchasing it.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for veteran first-time homebuyers and for adaptive housing and mobility improvements for disabled veterans, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patient Access to Emergency Medications Act of 2016''. SEC. 2. EMERGENCY MEDICAL SERVICES. Section 303 of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Emergency Medical Services That Administer Controlled Substances.-- ``(1) Registration.--For the purpose of enabling emergency medical services professionals to administer controlled substances in schedule II, III, IV, or V to ultimate users receiving emergency medical services in accordance with the requirements of this subsection, the Attorney General-- ``(A) shall register an emergency medical services agency if the agency submits an application demonstrating it is authorized to conduct such activity under the laws of each State in which the agency practices; and ``(B) may deny an application for such registration if the Attorney General determines that the issuance of such registration would be inconsistent with the requirements of this subsection or the public interest based on the factors listed in subsection (f). ``(2) Option for single registration.--In registering an emergency medical services agency pursuant to paragraph (1), the Attorney General shall allow such agency the option of a single registration in each State where the agency administers controlled substances in lieu of requiring a separate registration for each location of the emergency medical services agency. ``(3) Hospital-based agency.--If a hospital-based emergency medical services agency is registered under subsection (f), the agency may use the registration of the hospital to administer controlled substances in accordance with this subsection without being registered under this subsection. ``(4) Administration outside physical presence of medical director or authorizing medical professional.--Emergency medical services professionals of a registered emergency medical services agency may administer controlled substances in schedule II, III, IV, or V outside the physical presence of a medical director or authorizing medical professional in the course of providing emergency medical services if the administration is-- ``(A) authorized by the law of the State in which it occurs; and ``(B) pursuant to-- ``(i) a standing order that is issued and adopted by one or more medical directors of the agency, including any such order that may be developed by a specific State authority; or ``(ii) a verbal order that is-- ``(I) issued in accordance with a policy of the agency; ``(II) provided by an authorizing medical professional in response to a request by the emergency medical services professional with respect to a specific patient; ``(III) in the case of a mass casualty incident; or ``(IV) to ensure the proper care and treatment of a specific patient. ``(5) Delivery.--A registered emergency medical services agency may deliver controlled substances from a registered location of the agency to an unregistered location of the agency only if-- ``(A) the agency designates the unregistered location for such delivery; and ``(B) notifies the Attorney General at least 30 days prior to first delivering controlled substances to the unregistered location. ``(6) Storage.--A registered emergency medical services agency may store controlled substances-- ``(A) at a registered location of the agency; ``(B) at any designated location of the agency or in an emergency services vehicle situated at a registered or designated location of the agency; or ``(C) in an emergency medical services vehicle used by the agency that is-- ``(i) traveling from, or returning to, a registered or designated location of the agency in the course of responding to an emergency; or ``(ii) otherwise actively in use by the agency. ``(7) No treatment as distribution.--The delivery of controlled substances by a registered emergency medical services agency pursuant to this subsection shall not be treated as distribution for purposes of section 308. ``(8) Restocking of emergency medical services vehicles at a hospital.--Notwithstanding paragraph (13)(J), a registered emergency medical services agency may receive controlled substances from a hospital for purposes of restocking an emergency medical services vehicle following an emergency response, and without being subject to the requirements of section 308, provided all of the following conditions are satisfied: ``(A) The registered or designated location of the agency where the vehicle is primarily situated maintains a record of such receipt in accordance with paragraph (9). ``(B) The hospital maintains a record of such delivery to the agency in accordance with section 307. ``(C) If the vehicle is primarily situated at a designated location, such location notifies the registered location of the agency within 72 hours of the vehicle receiving the controlled substances. ``(9) Maintenance of records.-- ``(A) In general.--A registered emergency medical services agency shall maintain records in accordance with subsections (a) and (b) of section 307 of all controlled substances that are received, administered, or otherwise disposed of pursuant to the agency's registration, without regard to subsection 307(c)(1)(B). ``(B) Requirements.--Such records-- ``(i) shall include records of deliveries of controlled substances between all locations of the agency; and ``(ii) shall be maintained, whether electronically or otherwise, at each registered and designated location of the agency where the controlled substances involved are received, administered, or otherwise disposed of. ``(10) Other requirements.--A registered emergency medical services agency, under the supervision of a medical director, shall be responsible for ensuring that-- ``(A) all emergency medical services professionals who administer controlled substances using the agency's registration act in accordance with the requirements of this subsection; ``(B) the recordkeeping requirements of paragraph (9) are met with respect to a registered location and each designated location of the agency; ``(C) the applicable physical security requirements established by regulation of the Attorney General are complied with wherever controlled substances are stored by the agency in accordance with paragraph (6); and ``(D) the agency maintains, at a registered location of the agency, a record of the standing orders issued or adopted in accordance with paragraph (9). ``(11) Regulations.--The Attorney General may issue regulations-- ``(A) specifying, with regard to delivery of controlled substances under paragraph (5)-- ``(i) the types of locations that may designated under such paragraph; and ``(ii) the manner in which a notification under paragraph (5)(B) must be made; ``(B) specifying, with regard to the storage of controlled substances under paragraph (6), the manner in which such substances must be stored at registered and designated locations, including in emergency medical service vehicles; and ``(C) addressing the ability of hospitals, registered locations, and designated locations to deliver controlled substances to each other in the event of-- ``(i) shortages of such substances; ``(ii) a public health emergency; or ``(iii) a mass casualty event. ``(12) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to limit the authority vested in the Attorney General by other provisions of this title to take measures to prevent diversion of controlled substances; or ``(B) to override the authority of any State to regulate the provision of emergency medical services. ``(13) Definitions.--In this section: ``(A) The term `designated location' means a location designated by an emergency medical services agency under paragraph (5). ``(B) The term `emergency medical services' means emergency medical response and emergency mobile medical services provided outside of a fixed medical facility. ``(C) The term `emergency medical services agency' means an organization providing emergency medical services, including such an organization that-- ``(i) is governmental (including fire-based and hospital-based agencies), nongovernmental (including hospital-based agencies), private, or volunteer-based; ``(ii) provides emergency medical services by ground, air, or otherwise; and ``(iii) is authorized by the State in which the organization is providing such services to provide emergency medical care, including the administering of controlled substances, to members of the general public on an emergency basis. ``(D) The term `emergency medical services professional' means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional's State license or certification. ``(E) The term `emergency medical services vehicle' means an ambulance, fire apparatus, supervisor truck, or other vehicle used by an emergency medical services agency for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations. ``(F) The term `hospital-based' means, with respect to an agency, owned or operated by a hospital. ``(G) The term `medical director' means a physician who is registered under subsection (f) and provides medical oversight for an emergency medical services agency. ``(H) The term `medical oversight' means supervision of the provision of medical care by an emergency medical services agency. ``(I) The term `medical professional' means an emergency or other physician, or another medical professional (including an advanced practice registered nurse or physician assistant) whose scope of practice under a State license or certification includes the ability to provide verbal orders. ``(J) The term `registered location' means a location that appears on the certificate of registration issued to an emergency medical services agency under this subsection or subsection (f), which shall be where the agency receives controlled substances from distributors. ``(K) The term `registered emergency medical services agency' means-- ``(i) an emergency medical services agency that is registered pursuant to this subsection; or ``(ii) a hospital-based emergency medical services agency that is covered by the registration of the hospital under subsection (f). ``(L) The term `specific State authority' means a governmental agency or other such authority, including a regional oversight and coordinating body, that, pursuant to State law or regulation, develops clinical protocols regarding the delivery of emergency medical services in the geographic jurisdiction of such agency or authority within the State that may be adopted by medical directors. ``(M) The term `standing order' means a written medical protocol in which a medical director determines in advance the medical criteria that must be met before administering controlled substances to individuals in need of emergency medical services. ``(N) The term `verbal order' means an oral directive that is given through any method of communication including by radio or telephone, directly to an emergency medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of the authorizing medical director.''. Passed the House of Representatives November 14, 2016. Attest: KAREN L. HAAS, Clerk.
Protecting Patient Access to Emergency Medications Act of 2016 (Sec. 2) This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration (DEA) to register an emergency medical services (EMS) agency to administer controlled substances if the agency submits an application demonstrating that it is authorized to conduct such activity in the state in which the agency practices. The DEA may deny an application if it determines that the registration is inconsistent with the public interest. An EMS agency may obtain a single registration in each state instead of a separate registration for each location. A registered EMS agency may deliver, store, and receive controlled substances, subject to specified conditions. An EMS professional of a registered EMS agency may administer controlled substances in schedules II, III, IV, or V outside the physical presence of a medical director if such administration is authorized under state law and pursuant to a standing or verbal order, subject to specified conditions. The bill specifies that a hospital-based EMS agency (i.e., an EMS agency owned or operated by a hospital) may continue to administer controlled substances under the hospital's DEA registration.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Security for Life Act of 2004''. SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAYMENTS. (a) Lifetime Annuity Payments Under Annuity Contracts.--Section 72(b) of the Internal Revenue Code of 1986 (relating to exclusion ratio) is amended by adding at the end the following new paragraph: ``(5) Exclusion for lifetime annuity payments.-- ``(A) In general.--In the case of lifetime annuity payments received under one or more annuity contracts in any taxable year, gross income shall not include 50 percent of the portion of lifetime annuity payments otherwise includible (without regard to this paragraph) in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $20,000. ``(B) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2005, the $20,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. ``(C) Application of paragraph.--Subparagraph (A) shall not apply to-- ``(i) any amount received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)), ``(ii) any amount paid under an annuity contract that is received by the beneficiary under the contract-- ``(I) after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or ``(II) after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or ``(iii) any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment. ``(D) Investment in the contract.--For purposes of this section, the investment in the contract shall be determined without regard to this paragraph.''. (b) Definitions.--Subsection (c) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Lifetime annuity payment.-- ``(A) In general.--For purposes of subsection (b)(5), the term `lifetime annuity payment' means any amount received as an annuity under any portion of an annuity contract, but only if-- ``(i) the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and ``(ii) such amount is part of a series of substantially equal periodic payments made not less frequently than annually over-- ``(I) the life of the annuitant, ``(II) the lives of the annuitant and a joint annuitant, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less, ``(III) the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or ``(IV) the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less. ``(iii) Exceptions.--For purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments-- ``(I) because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage applied not less frequently than annually, or similar fluctuating criteria, ``(II) due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, or ``(III) because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year. ``(B) Annuity contract.--For purposes of subparagraph (A) and subsections (b)(5) and (w), the term `annuity contract' means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract. ``(C) Minimum period of payments.--For purposes of subparagraph (A), the term `minimum period of payments' means a guaranteed term of payments that does not exceed the greater of 10 years or-- ``(i) the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(III), or ``(ii) the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(IV). For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (w)(1)(C)(ii), the permissible minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year. ``(D) Minimum amount that must be paid in any event.--For purposes of subparagraph (A), the term `minimum amount that must be paid in any event' means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime annuity payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death.''. (c) Recapture Tax for Lifetime Annuity Payments.--Section 72 of the Internal Revenue Code of 1986 is amended by redesignating subsection (w) as subsection (x) and by inserting after subsection (v) the following new subsection: ``(w) Recapture Tax for Modifications to or Reductions in Lifetime Annuity Payments.-- ``(1) In general.--If any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to lifetime annuity payments), and-- ``(A) the series of payments under such contract is subsequently modified so any future payments are not lifetime annuity payments, ``(B) after the date of receipt of the first lifetime annuity payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or ``(C) after the date of receipt of the first lifetime annuity payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is-- ``(i) due to an event described in subsection (c)(5)(A)(iii), or ``(ii) due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(C) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(D)), then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount. ``(2) Recapture amount.-- ``(A) In general.--For purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer's gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621. ``(B) Deferral period.--For purposes of this subsection, the term `deferral period' means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs. ``(3) Exceptions to recapture tax.--Paragraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant-- ``(A) dies or becomes disabled (within the meaning of subsection (m)(7)), ``(B) becomes a chronically ill individual within the meaning of section 7702B(c)(2), or ``(C) encounters hardship.''. (d) Lifetime Distributions of Life Insurance Death Benefits.-- (1) In general.--Section 101(d) of the Internal Revenue Code of 1986 (relating to payment of life insurance proceeds at a date later than death) is amended by adding at the end the following new paragraph: ``(4) Exclusion for lifetime annuity payments.-- ``(A) In general.--In the case of amounts to which this subsection applies, gross income shall not include the lesser of-- ``(i) 50 percent of the portion of lifetime annuity payments otherwise includible in gross income under this section (determined without regard to this paragraph), or ``(ii) the amount in effect under section 72(b)(5). ``(B) Rules of section 72(b)(5) to apply.--For purposes of this paragraph, rules similar to the rules of section 72(b)(5) and section 72(w) shall apply, substituting the term `beneficiary of the life insurance contract' for the term `annuitant' wherever it appears, and substituting the term `life insurance contract' for the term `annuity contract' wherever it appears.''. (2) Conforming amendment.--Section 101(d)(1) of such Code is amended by inserting ``or paragraph (4)'' after ``to the extent not excluded by the preceding sentence''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act. (2) Special rule for existing contracts.--In the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), or requirements similar to such section 72(c)(5)(A) in the case of a life insurance contract), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section (or similar requirements) shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.
Retirement Security for Life Act of 2004 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2006.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Respiratory Equipment Access and Transparency to Home Ventilator Care Act of 2017'' or the ``BREATH Act of 2017''. SEC. 2. PROMOTING EVIDENCE-BASED CARE FOR CERTAIN VENTILATORS AND OTHER ITEMS OF DURABLE MEDICAL EQUIPMENT. Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(v) Appropriate Use Criteria for Certain Ventilators.-- ``(1) In general.--Not later than January 1, 2018, subject to paragraph (2), and in consultation with medical experts and applicable stakeholders, the Secretary shall establish and implement policies and standards for determining the appropriate use of ventilators as described in subsection (a)(3)(A). ``(2) Delay in implementation of appropriate use criteria for use by certain individuals.--The Secretary may, as the Secretary determines appropriate, delay until such date as the Secretary determines appropriate but not later than January 1, 2020, the establishment and implementation of appropriate use criteria as described in paragraph (1) (which may be the same appropriate use criteria established and implemented under such paragraph) for ventilators furnished to individuals diagnosed with neuromuscular or other thoracic restrictive diseases or cystic fibrosis.''. SEC. 3. REIMBURSEMENT FOR HOME MECHANICAL VENTILATORS. (a) In General.--Section 1834(a)(3) of the Social Security Act (42 U.S.C. 1395m(a)(3)) is amended-- (1) in subparagraph (B)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv)-- (i) by inserting ``, except as provided in clause (v),'' after ``subsequent year''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) for an item or device furnished on or after January 1, 2018, in the case of a ventilator described in subparagraph (A), the payment rate determined for the ventilator under subparagraph (D) for the year.''; and (2) by adding at the end the following new subparagraphs: ``(D) 2018 and subsequent years payment rates for ventilators.--For purposes of subparagraph (B)(v), the payment rate determined under this subparagraph for a ventilator described in subparagraph (A) is the following: ``(i) 2018.--For 2018, the payment amount specified in subparagraph (B) for an item or device furnished on or after July 1, 2017, and before January 1, 2018, increased by the covered item update for 2018. ``(ii) 2019.--For 2019, the rate determined under clause (i) for 2018-- ``(I) increased by the covered item update for 2019; and ``(II) if applicable, increased by the budget neutrality adjustment under subparagraph (E). ``(iii) 2020 and subsequent years.--For 2020 and subsequent years, the rate determined under this subparagraph for an item or device furnished on December 31 of the previous year, increased by the covered item update for the year. ``(E) Budget neutrality adjustment of payment rates for ventilators for 2019.-- ``(i) In general.--Subject to the succeeding clauses of this subparagraph, the Secretary shall implement the provisions of subparagraphs (B)(v) and (D) in a budget neutral manner and any budget neutrality adjustment under this subparagraph shall be limited to payments for a ventilator described in subparagraph (A) furnished during 2019. ``(ii) Computation of aggregate budget neutrality adjustment.--The aggregate budget neutrality adjustment under this subparagraph shall be an amount equal to the difference (if any) between-- ``(I) aggregate payments under this part for ventilators described in subparagraph (A) furnished during 2017, as adjusted under subclause (I) of clause (iii); and ``(II) aggregate payments under this part for such ventilators furnished during 2018, as adjusted under subclause (II) of such clause. ``(iii) Adjustments.--For purposes of clause (ii)-- ``(I) payments described in subclause (I) of such clause shall be increased by the covered item update for 2018; and ``(II) payments described in subclause (II) of such clause shall be increased or decreased by the percentage change in the total number of individuals enrolled under this part (other than Medicare Advantage enrollees) from 2017 to 2018.''.
Beneficiary Respiratory Equipment Access and Transparency to Home Ventilator Care Act of 2017 or the BREATH Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish by January 1, 2018, policies and standards for determining the appropriate use of certain ventilators under the Medicare program. The CMS may delay such establishment until January 1, 2020, for certain ventilators furnished to individuals with specified medical diagnoses. Subject to budget neutrality requirements, the bill increases the Medicare payment rate for such ventilators for 2018 and subsequent years.
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SECTION 1. FINDINGS. Congress finds that-- (1) June 15 through August 10, 1994, marks the 50th anniversary of the Mariana campaign of World War II in which American forces captured the islands of Saipan and Tinian in the Northern Marianas and liberated the United States Territory of Guam from Japanese occupation; (2) an attack during this campaign by the Japanese Imperial fleet, aimed at countering the American forces that had landed on Saipan, led to the battle of the Philippine Sea, which resulted in a crushing defeat for the Japanese by United States naval forces and the destruction of the effectiveness of the Japanese carrier-based airpower; (3) the recapture of Guam liberated one of the few pieces of United States territory that was occupied for two and one-half years by the enemy during World War II and restored freedom to the indigenous Chamorros on Guam who suffered as a result of the Japanese occupation; (4) Army, Navy, Marine Corps, and Coast Guard units distinguished themselves with their heroic bravery and sacrifice; (5) the Guam Insular Force Guard, the Guam militia, and the people of Guam earned the highest respect for their defense of the island during the Japanese invasion and their resistance during the occupation; their assistance to the American forces as scouts for the American invasion was invaluable; and their role, as members of the Guam Combat Patrol, was instrumental in seeking out the remaining Japanese forces and restoring peace to the island; (6) during the occupation, the people of Guam-- (A) were forcibly removed from their homes; (B) were relocated to remote sections of the island; (C) were required to perform forced labor and faced other harsh treatment, injustices, and death; and (D) were placed in concentration camps when the American invasion became imminent and were brutalized by their occupiers when the liberation of Guam became apparent to the Japanese; (7) the liberation of the Mariana Islands marked a pivotal point in the Pacific war and led to the American victories at Iwo Jima, Okinawa, the Philippines, Taiwan, and the south China coast, and ultimately against the Japanese home islands; (8) the Mariana Islands of Guam, Saipan, and Tinian provided, for the first time during the war, air bases which allowed land- based American bombers to reach strategic targets in Japan; and (9) the air offensive conducted from the Marianas against the Japanese war-making capability helped shorten the war and ultimately reduced the toll of lives to secure peace in the Pacific. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) an appropriate commemoration of the 50th anniversary of the Mariana campaign should be planned by the United States in conjunction with the Government of Guam and the Government of the Commonwealth of the Northern Mariana Islands; (2) the Secretary of the Interior should take all necessary steps to ensure that appropriate visitor facilities at War in the Pacific National Historical Park on Guam are expeditiously developed and constructed; and (3) the Secretary of the Interior should take all necessary steps to ensure that the monument referenced in section 3(b) is completed before July 21, 1994, for the 50th anniversary commemoration, to provide adequate historical interpretation of the events described in section 1. SEC. 3. WAR IN THE PACIFIC NATIONAL HISTORICAL PARK. (a) Authorization of Appropriations.--Subsection (k) of section 6 of the Act entitled ``An Act to authorize appropriations for certain insular areas of the United States, and for other purposes'', approved August 18, 1978 (92 Stat. 493; 16 U.S.C. 410dd) is amended by striking ``$500,000'' and inserting ``$8,000,000''. (b) Development.--Section 6 is further amended by adding at the end the following subsections: ``(l) Within the boundaries of the park, the Secretary is authorized to construct a monument which shall commemorate the loyalty of the people of Guam and the herosim of the American forces that liberated Guam. ``(m) Within the boundaries of the park, the Secretary is authorized to implement programs to interpret experiences of the people of Guam during World War II, including, but not limited to, oral histories of those people of Guam who experienced the occupation. ``(n) Within six months after the date of enactment of this subsection, the Secretary, through the Director of the National Park Service, shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing updated cost estimates for the development of the park. Further, this report shall contain a general plan to implement subsections (l) and (m), including, at a minimum, cost estimates for the design and construction of the monument authorized in section (l). ``(o) The Secretary may take such steps as may be necessary to preserve and protect various World War II vintage weapons and fortifications which exist within the boundaries of the park.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Expresses the sense of the Congress that: (1) an appropriate commemoration of the 50th anniversary of the Mariana campaign of World War II should be planned by the United States in conjunction with the Governments of Guam and the Commonwealth of the Northern Mariana Islands; and (2) the Secretary of the Interior should take steps to ensure that appropriate visitor facilities at War in the Pacific National Historical Park, Guam, are developed and constructed and a monument completed by July 21, 1994, for the historical interpretation of the campaign. Authorizes the Secretary, within the boundaries of the Park, to: (1) construct a monument to commemorate the loyalty of the people of Guam and the heroism of the American forces that liberated Guam; and (2) implement programs to interpret experiences of the people of Guam during World War II, including oral histories of people who experienced the occupation. Requires the Secretary, through the Director of the National Park Service, to develop and submit to specified congressional committees a report containing updated cost estimates for the development of the Park and a general plan to implement this Act, including cost estimates for the design and construction of the monument. Requires the Secretary to take steps to preserve and protect various World War II vintage weapons and fortifications which exist within the Park. Increases the authorization of appropriations for development of the Park.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jamestown 400th Anniversary Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The founding of the colony at Jamestown, Virginia, in 1607, the first permanent English colony in America, and the capital of Virginia for 92 years, has major significance in the history of the United States. (2) The Jamestown Settlement brought people from throughout the Atlantic Basin together to form a society that drew upon the strengths and characteristics of English, European, African, and Native American cultures. (3) The economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, manufacturing, and economic structure and status. (4) The National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown. (5) In 2000, Congress established the Jamestown 400th Commemoration Commission to ensure a suitable national observance of the Jamestown 2007 anniversary and to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances. (6) A commemorative coin will bring national and international attention to the lasting legacy of Jamestown, Virginia. (7) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of a suitable national observance in 2007 of the 400th anniversary of the founding of Jamestown, Virginia. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 5 dollar 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 dollar 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. 3. SOURCES OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. 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 settlement of Jamestown, Virginia, the first permanent English settlement in America. (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 ``2007''; 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-- (A) the Jamestown 2007 Steering Committee, created by the Jamestown-Yorktown Foundation of the Commonwealth of Virginia; (B) the National Park Service; and (C) the Commission of Fine Arts; and (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. 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 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the periodbeginning on January 1, 2007, and ending on December 31, 2007. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (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) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Programs to promote understanding of the legacies of jamestown.--\1/2\ of the surcharges shall be used to support programs to promote the understanding of the legacies of Jamestown and for such purpose shall be paid to the Jamestown-Yorktown Foundation of the Commonwealth of Virginia. (2) Other purposes for surcharges.-- (A) In general.--\1/2\ of the surcharges shall be used for the following purposes: (i) To sustain the ongoing mission of preserving Jamestown. (ii) To enhance national and international educational programs relating to Jamestown, Virginia. (iii) To improve infrastructure and archaeological research activities relating to Jamestown, Virginia. (iv) To conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown, Virginia. (B) Recipients of surcharges for such other purposes.--The surcharges referred to in subparagraph (A) shall be distributed by the Secretary in equal shares to the following organizations for the purposes described in such subparagraph: (i) The Secretary of the Interior. (ii) The Association for the Preservation of Virginia Antiquities. (iii) The Jamestown-Yorktown Foundation of the Commonwealth of Virginia. (c) Audits.--The Jamestown-Yorktown Foundation of the Commonwealth of Virginia, the Secretary of the Interior, and the Association for the Preservation of Virginia Antiquities shall each be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. (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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Jamestown 400th Anniversary Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury (the Secretary) to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia (the first permanent English settlement in America). Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs that: (1) half of the surcharges be used to support programs to promote the understanding of the legacies of Jamestown (to be paid to the Jamestown-Yorktown Foundation); and (2) half be used to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs relating to Jamestown, to improve infrastructure and archaeological research activities relating to Jamestown, and conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown (to be distributed by the Secretary in equal shares to the Secretary of the Interior, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation). Prohibits such surcharge with respect to the issuance of any coin during a calendar year if the issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation. Authorizes the Secretary to issue guidance to implement this limitation.
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SECTION 1. DEFINITIONS. (a) Definitions.--As used in this Act: (1) The term ``locatable mineral'' means any mineral not subject to disposition under any of the following: (A) the Mineral Leasing Act (30 U.S.C. 181 and following); (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); (C) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following); or (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following). (2) The term ``mineral activities'' means any activity for, related to or incidental to mineral exploration, mining, beneficiation and processing activities for any locatable mineral, including access. 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. (C) The term ``beneficiation'' means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques. (D) The term ``processing'' means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including but not limited to, smelting and electrolytic refining. (3) The term ``mining claim'' means a claim for the purposes of mineral activities. (4) The term ``Secretary'' means, unless otherwise provided in this Act, the Secretary of the Interior acting through the Director of the Minerals Management Service. SEC. 2. MINING CLAIM MAINTENANCE REQUIREMENTS. (a) In General.--The holder of each mining claim located on lands open to location shall pay to the Secretary an annual claim maintenance fee of $100 per claim per calendar year. (b) Time of Payment.--The claim maintenance fee payable pursuant to subsection (a) for any year shall be paid on or before August 31 of each year, except that for the initial calendar year in which the location is made, the locator shall pay the initial claim maintenance fee at the time the location notice is recorded with the Bureau of Land Management. (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242). (d) Claim Maintenance Fees Payable Under 1993 Act.--The claim maintenance fees payable under this section for any period with respect to any claim shall be reduced by the amount of the claim maintenance fees paid under section 10101 of the Omnibus Budget Reconciliation Act of 1993 with respect to that claim and with respect to the same period. (e) Waiver.--(1) The claim maintenance fee required under this section may be waived for a claim holder who certifies in writing to the Secretary that on the date the payment was due, the claim holder and all related parties held not more than 10 mining claims on lands open to location. Such certification shall be made on or before the date on which payment is due. (2) For purposes of paragraph (1), with respect to any claim holder, the term ``related party'' means each of the following: (A) The spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claim holder. (B) Any affiliate of the claim holder. (f) Co-ownership.--Upon the failure of any one or more of several co-owners to contribute such co-owner or owners' portion of the fee under this section, any co-owner who has paid such fee may, after the payment due date, give the delinquent co-owner or owners notice of such failure in writing (or by publication in the newspaper nearest the claim for at least once a week for at least 90 days). If at the expiration of 90 days after such notice in writing or by publication, any delinquent co-owner fails or refuses to contribute his portion, his interest in the claim shall become the property of the co-owners who have paid the required fee. SEC. 3. ROYALTY. (a) Reservation of Royalty.--Production of all locatable minerals from any mining claim located under the general mining laws, or mineral concentrates or products derived from locatable minerals from any mining claim located under the general mining laws, as the case may be, shall be subject to a royalty of 8 percent of the gross income from such production. The claimholder and any operator to whom the claimholder has assigned the obligation to make royalty payments under the claim and any person who controls such claimholder or operator shall be jointly and severally liable for payment of such royalties. (b) Duties of Claim Holders, Operators, and Transporters.--(1) A person-- (A) who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe; and (B) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim. (2) Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is liable to the Secretary for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such liability for the period referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) A person conducting mineral activities shall-- (A) develop and comply with the site security provisions in operations permit designed to protect from theft the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims; and (B) not later than the 5th business day after production begins anywhere on a mining claim, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed. (4) The Secretary may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate. (c) Recordkeeping and Reporting Requirements.--(1) A claim holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling locatable minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim. Upon the request of any officer or employee duly designated by the Secretary or any State conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information which may be required by this section shall be made available for inspection and duplication by such officer or employee or State. (2) Records required by the Secretary under this section shall be maintained for 6 years after cessation of all mining activity at the claim concerned unless the Secretary notifies the operator that he or she has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (d) Audits.--The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person. (e) Cooperative Agreements.--(1) The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of locatable minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section. (2) Except as provided in paragraph (4)(A) of this subsection (relating to trade secrets), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of locatable minerals, concentrates, or products derived therefrom from claims on lands open to location under the general mining laws. (3) Trade secrets, proprietary, and other confidential information shall be made available by the Secretary pursuant to a cooperative agreement under this subsection to the Secretary of Agriculture upon request only if-- (A) the Secretary of Agriculture consents in writing to restrict the dissemination of the information to those who are directly involved in an audit or investigation under this section and who have a need to know; (B) the Secretary of Agriculture accepts liability for wrongful disclosure; and (C) the Secretary of Agriculture demonstrates that such information is essential to the conduct of an audit or investigation under this subsection. (f) Interest and Substantial Underreporting Assessments.--(1) In the case of mining claims where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such under payments at the same interest rate as is applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount. (2) If there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section, the Secretary may assess a penalty of 10 percent of the amount of that underreporting. (3) If there is a substantial underreporting of royalty owed on production from a claim for any production month by any person responsible for paying the royalty, the Secretary may assess an additional penalty of 10 percent of the amount of that underreporting. (4) For the purposes of this subsection, the term ``underreporting'' means the difference between the royalty on the value of the production which should have been reported and the royalty on the value of the production which was reported, if the value which should have been reported is greater than the value which was reported. An underreporting constitutes a ``substantial underreporting'' if such difference exceeds 10 percent of the royalty on the value of production which should have been reported. (5) The Secretary shall not impose the assessment provided in paragraphs (2) or (3) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (6) The Secretary shall waive any portion of an assessment under paragraph (2) or (3) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- (A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported, or (B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported, or (C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or (D) such person meets any other exception which the Secretary may, by rule, establish. (7) All penalties collected under this subsection shall be deposited in the Treasury. (g) Expanded Royalty Obligations.--Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals, concentrates, or products derived therefrom lost or wasted from a mining claim located or converted under this section when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section. (h) Exception.--No royalty shall be payable under subsection (a) with respect to minerals processed at a facility by the same person or entity which extracted the minerals if an urban development action grant has been made under section 119 of the Housing and Community Development Act of 1974 with respect to any portion of such facility. (i) Disbursement of Revenues.--The receipts from royalties collected under this section with respect to any mining claim shall be disbursed in the same manner as provided in section 35 of the Mineral Leasing Act (30 U.S.C. 181 and following). (j) Effective Date.--The royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period. SEC. 4. PURCHASING POWER ADJUSTMENT. The Secretary shall adjust all dollar amounts established in this Act for changes in the purchasing power of the dollar every 10 years following the date of enactment of this Act, employing the Consumer Price Index for all-urban consumers published by the Department of Labor as the basis for adjustment, and rounding according to the adjustment process of conditions of the Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 890). SEC. 5. SAVINGS CLAUSE. Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order or land use plan, in effect prior to the effective date of this Act, that prohibits or restricts the application of the general mining laws, including such laws that provide for special management criteria for operations under the general mining laws as in effect prior to the effective date of this Act, to the extent such laws provide environmental protection greater than required under this Act. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date 1 year after the date of enactment of this Act.
Mandates annual claim maintenance fees of $100 per claim per calendar year (except shale claims subject to claim maintenance fees under the Energy Policy Act of 1992). Reduces such fees by the amount of the claim maintenance fees paid under the Omnibus Budget Reconciliation Act of 1993. Allows the Secretary of the Interior, acting through the Director of the Minerals Management Service (MMS), to waive claim maintenance fees for claim holders that, with all related parties, held no more than ten claims on lands open to location. States that the claim interest of any co-owner who fails to contribute his portion of the claim maintenance fee shall become the property of the co-owners who have paid the required fee. Subjects the production of locatable minerals located under the general mining laws (including their concentrates and products) to a royalty payment of eight percent of the gross income. Prescribes guidelines for the duties of claim holders, operators, and transporters. Authorizes the Secretary to require by rule that transporters possess documentation showing the amount, origin, and intended destination of the locatable mineral, concentrate or product. Prescribes recordkeeping, reporting, and auditing requirements. Authorizes the Secretary to enter into cooperative agreements with the Secretary of Agriculture to implement this Act. Provides for: (1) interest and substantial underreporting assessments in cases of tardy or delinquent mining claim royalty payments; and (2) several and joint liability for royalty payments on all locatable minerals, concentrates, or products derived therefrom which are lost or wasted due to negligence or noncompliance with regulations. Directs the Secretary to adjust dollar amounts every ten years for changes in the purchasing power of the dollar.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Next Door Act of 2005''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM. (a) Discount and Downpayment Assistance for Teachers and Public Safety Officers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Higher fha loan limit for purchase of eligible properties in high-cost areas.-- ``(i) In general.--Notwithstanding any other provision of this title relating to the maximum amount of the principal obligation of a mortgage that may be insured under this title, in the case of an eligible property that is located in a high-cost area and is purchased pursuant to a discounted sale price under this paragraph, the Secretary may insure a mortgage for the purchase of such eligible property that involves a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 150 percent of the limitation on such principal obligation otherwise applicable under section 203(b)(2)(A). ``(ii) High-cost area.--For purposes of this subparagraph, the term `high-cost area' means any area for which the median 1-family house price in the area exceeds the maximum amount limitation on the principal obligation of a mortgage determined at such time under section 203(b)(2)(A)(ii). ``(G) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(H) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(ii) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iii) The term `teacher' means an individual who is employed on a part- or full- time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre-Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(I) Program integrity.--Notwithstanding any other provision of this paragraph, the Secretary may suspend the applicability of this paragraph for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity.''. (b) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (c) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. TEACHER AND PUBLIC SAFETY OFFICER AWARENESS CAMPAIGN. (a) In General.--The Secretary of Housing and Urban Development, in coordination with the Secretary of Education and the Attorney General, shall carry out a program of activities to inform and educate teachers and public safety officers of the availability and terms of the program established by the amendments made by section 2. (b) Eligible Activities.--Amounts made available for the program under this section may be used only for activities designed to accomplish the purpose specified in subsection (a), which may include public service announcements, bus tours, advertising in teacher or public safety officer journals, development of web sites, establishment of toll-free telephone numbers for providing information, and such other activities as the Secretary of Housing and Urban Development may consider appropriate. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Housing and Urban Development for each of fiscal years 2006 through 2013 such sums as may be necessary for carrying out the program under this section.
Community Partners Next Door Act of 2005 - Amends the National Housing Act to provide: (1) a 50% discount for teachers, teacher assistants, administrators, and public safety officers purchasing certain eligible asset properties for use as their primary residence; (2) a $100 downpayment on any related insured mortgage; and (3) a higher Federal Housing Administration (FHA) loan limit for such purchases in high-cost areas. Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual. Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to inform teachers and public safety officers about such program.
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SECTION 1. TERMINATION OF EXCEPTION FOR CERTAIN REAL ESTATE INVESTMENT TRUSTS FROM THE TREATMENT OF STAPLED ENTITIES. (a) In General.--Notwithstanding paragraph (3) of section 136(c) of the Tax Reform Act of 1984 (relating to stapled stock; stapled entities), the REIT gross income provisions shall be applied by treating the activities and gross income of members of the stapled REIT group properly allocable to any nonqualified real property interest held by the exempt REIT or any stapled entity which is a member of such group (or treated under subsection (c) as held by such REIT or stapled entity) as the activities and gross income of the exempt REIT in the same manner as if the exempt REIT and such group were 1 entity. (b) Nonqualified Real Property Interest.--For purposes of this section-- (1) In general.--The term ``nonqualified real property interest'' means, with respect to any exempt REIT, any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity. (2) Exception for binding contracts, etc.--Such term shall not include any interest in real property acquired after March 26, 1998, by the exempt REIT or any stapled entity if-- (A) the acquisition is pursuant to a written agreement which was binding on such date and at all times thereafter on such REIT or stapled entity, or (B) the acquisition is described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission. (3) Improvements and leases.-- (A) In general.--Except as otherwise provided in this paragraph, the term ``nonqualified real property interest'' shall not include-- (i) any improvement to land owned or leased by the exempt REIT or any member of the stapled REIT group, and (ii) any repair to, or improvement of, any improvement owned or leased by the exempt REIT or any member of the stapled REIT group, if such ownership or leasehold interest is a qualified real property interest. (B) Leases.--Such term shall not include any lease of a qualified real property interest. (C) Termination where change in use.-- (i) In general.--Subparagraph (A) shall not apply to any improvement placed in service after December 31, 1999, which is part of a change in the use of the property to which such improvement relates unless the cost of such improvement does not exceed 200 percent of-- (I) the cost of such property, or (II) if such property is substituted basis property (as defined in section 7701(a)(42) of the Internal Revenue Code of 1986), the fair market value of the property at the time of acquisition. (ii) Binding contracts.--For purposes of clause (i), an improvement shall be treated as placed in service before January 1, 2000, if such improvement is placed in service before January 1, 2004, pursuant to a binding contract in effect on December 31, 1999, and at all times thereafter. (4) Treatment of entities which are not stapled, etc. on march 26, 1998.--Notwithstanding any other provision of this section, all interests in real property held by an exempt REIT or any stapled entity with respect to such REIT (or treated under subsection (c) as held by such REIT or stapled entity) shall be treated as nonqualified real property interests unless-- (A) such stapled entity was a stapled entity with respect to such REIT as of March 26, 1998, and at all times thereafter, and (B) as of March 26, 1998, and at all times thereafter, such REIT was a real estate investment trust. (5) Qualified real property interest.--The term ``qualified real property interest'' means any interest in real property other than a nonqualified real property interest. (c) Treatment of Property Held by 10-Percent Subsidiaries.--For purposes of this section-- (1) In general.--Any exempt REIT and any stapled entity shall be treated as holding their proportionate shares of each interest in real property held by any 10-percent subsidiary entity of the exempt REIT or stapled entity, as the case may be. (2) Property held by 10-percent subsidiaries treated as nonqualified.-- (A) In general.--Except as provided in subparagraph (B), any interest in real property held by a 10-percent subsidiary entity of an exempt REIT or stapled entity shall be treated as a nonqualified real property interest. (B) Exception for interests in real property held on march 26, 1998, etc.--In the case of an entity which was a 10-percent subsidiary entity of an exempt REIT or stapled entity on March 26, 1998, and at all times thereafter, an interest in real property held by such subsidiary entity shall be treated as a qualified real property interest if such interest would be so treated if held directly by the exempt REIT or the stapled entity. (3) Reduction in qualified real property interests if increase in ownership of subsidiary.--If, after March 26, 1998, an exempt REIT or stapled entity increases its ownership interest in a subsidiary entity to which paragraph (2)(B) applies above its ownership interest in such subsidiary entity as of such date, the additional portion of each interest in real property which is treated as held by the exempt REIT or stapled entity by reason of such increased ownership shall be treated as a nonqualified real property interest. (4) Special rules for determining ownership.--For purposes of this subsection-- (A) percentage ownership of an entity shall be determined in accordance with subsection (e)(4), (B) interests in the entity which are acquired by the exempt REIT or stapled entity in any acquisition described in an agreement, announcement, or filing described in subsection (b)(2) shall be treated as acquired on March 26, 1998, and (C) except as provided in guidance prescribed by the Secretary, any change in proportionate ownership which is attributable solely to fluctuations in the relative fair market values of different classes of stock shall not be taken into account. (d) Treatment of Property Secured by Mortgage Held by Exempt REIT or Member of Stapled REIT Group.-- (1) In general.--In the case of any nonqualified obligation held by an exempt REIT or any member of the stapled REIT group, the REIT gross income provisions shall be applied by treating the exempt REIT as having impermissible tenant service income equal to-- (A) the interest income from such obligation which is properly allocable to the property described in paragraph (2), and (B) the income of any member of the stapled REIT group from services described in paragraph (2) with respect to such property. If the income referred to in subparagraph (A) or (B) is of a 10-percent subsidiary entity, only the portion of such income which is properly allocable to the exempt REIT's or the stapled entity's interest in the subsidiary entity shall be taken into account. (2) Nonqualified obligation.--Except as otherwise provided in this subsection, the term ``nonqualified obligation'' means any obligation secured by a mortgage on an interest in real property if the income of any member of the stapled REIT group for services furnished with respect to such property would be impermissible tenant service income were such property held by the exempt REIT and such services furnished by the exempt REIT. (3) Exception for certain market rate obligations.--Such term shall not include any obligation-- (A) payments under which would be treated as interest if received by a REIT, and (B) the rate of interest on which does not exceed an arm's length rate. (4) Exception for existing obligations.--Such term shall not include any obligation-- (A) which is secured on March 26, 1998, by an interest in real property, and (B) which is held on such date by the exempt REIT or any entity which is a member of the stapled REIT group on such date and at all times thereafter, but only so long as such obligation is secured by such interest. The preceding sentence shall not cease to apply by reason of the refinancing of the obligation if (immediately after the refinancing) the principal amount of the obligation resulting from the refinancing does not exceed the principal amount of the refinanced obligation (immediately before the refinancing). (5) Treatment of entities which are not stapled, etc. on march 26, 1998.--A rule similar to the rule of subsection (b)(4) shall apply for purposes of this subsection. (6) Increase in amount of nonqualified obligations if increase in ownership of subsidiary.--A rule similar to the rule of subsection (c)(3) shall apply for purposes of this subsection. (7) Coordination with subsection (a).--This subsection shall not apply to the portion of any interest in real property that the exempt REIT or stapled entity holds or is treated as holding under this section without regard to this subsection. (e) Definitions.--For purposes of this section-- (1) REIT gross income provisions.--The term ``REIT gross income provisions'' means-- (A) paragraphs (2), (3), and (6) of section 856(c) of the Internal Revenue Code of 1986, and (B) section 857(b)(5) of such Code. (2) Exempt reit.--The term ``exempt REIT'' means a real estate investment trust to which section 269B of the Internal Revenue Code of 1986 does not apply by reason of paragraph (3) of section 136(c) of the Tax Reform Act of 1984. (3) Stapled reit group.--The term ``stapled REIT group'' means, with respect to an exempt REIT, the group consisting of-- (A) all entities which are stapled entities with respect to the exempt REIT, and (B) all entities which are 10-percent subsidiary entities of the exempt REIT or any such stapled entity. (4) 10-percent subsidiary entity.-- (A) In general.--The term ``10-percent subsidiary entity'' means, with respect to any exempt REIT or stapled entity, any entity in which the exempt REIT or stapled entity (as the case may be) directly or indirectly holds at least a 10-percent interest. (B) Exception for certain c corporation subsidiaries of reits.--A corporation which would, but for this subparagraph, be treated as a 10-percent subsidiary of an exempt REIT shall not be so treated if such corporation is taxable under section 11 of the Internal Revenue Code of 1986. (C) 10-percent interest.--The term ``10-percent interest'' means-- (i) in the case of an interest in a corporation, ownership of 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of 10 percent of the assets or net profits interest in the partnership, and (iii) in any other case, ownership of 10 percent of the beneficial interests in the entity. (5) Other definitions.--Terms used in this section which are used in section 269B or section 856 of such Code shall have the respective meanings given such terms by such section. (f) Guidance.--The Secretary may prescribe such guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance to prevent the avoidance of such purposes and to prevent the double counting of income. (g) Effective Date.--This section shall apply to taxable years ending after March 26, 1998.
Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.
{"src": "billsum_train", "title": "A bill to provide that the exception for certain real estate investment trusts from the treatment of stapled entities shall apply only to existing property, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Visas Act''. SEC. 2. VISA REFUSAL AND REVOCATION. (a) Authority of the Secretary of Homeland Security and the Secretary of State.-- (1) In general.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Authority of the Secretary of Homeland Security.-- ``(1) In general.--Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary-- ``(A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and ``(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. ``(2) Effect of revocation.--The revocation of any visa under paragraph (1)(B)-- ``(A) shall take effect immediately; and ``(B) shall automatically cancel any other valid visa that is in the alien's possession. ``(3) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation. ``(c) Authority of the Secretary of State.-- ``(1) In general.--The Secretary of State may direct a consular officer to refuse a visa requested by, or revoke a visa issued to, an alien if the Secretary of State determines such refusal or revocation to be necessary or advisable in the interests of the United States. ``(2) Limitation.--No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to visa refusals and revocations occurring before, on, or after such date. (b) Issuance of Visas at Designated Consular Posts and Embassies.-- (1) In general.--Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)) is amended to read as follows: ``(i) Visa Issuance at Designated Consular Posts and Embassies.-- Notwithstanding any other provision of law, except section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and the process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts, the Secretary of Homeland Security-- ``(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at all visa-issuing posts in Algeria; Canada; Colombia; Egypt; Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia; South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab Emirates; the United Kingdom; Venezuela; and Yemen; and ``(2) is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.''. (2) Expedited clearance and placement of department of homeland security personnel at overseas embassies and consular posts.--The Secretary of State shall accommodate and ensure-- (A) not later than 1 year after the date of the enactment of this Act, that Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act of 2002 have been stationed at post such that the post is fully operational; and (B) not later than 1 year after the date on which the Secretary of Homeland Security designates an additional consular post or embassy for personnel under section 428(i)(2) of the Homeland Security Act of 2002 that the Department of Homeland Security personnel assigned to such post or embassy have been stationed at post such that the post is fully operational. (c) Visa Revocation.-- (1) Information.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Visa Revocation Information.--If the Secretary of Homeland Security or the Secretary of State revokes a visa-- ``(1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; and ``(2) look-out notices shall be posted to all Department of Homeland Security port inspectors and Department of State consular officers.''. (2) Effect of visa revocation; judicial review of visa revocations.-- (A) In general.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking the final sentence and inserting the following: ``A revocation under this subsection shall take effect immediately and shall automatically cancel any other valid visa that is in the alien's possession. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a revocation under this subsection may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation.''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring before, on, or after such date.
Secure Visas Act - Amends the Homeland Security Act of 2002 to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Provides that such visa revocation shall become effective immediately and cancel any other visa in an alien's possession. Prohibits judicial review of the Secretary's refusal or revocation of visa, or of any claim arising from such revocation. Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. interests. Prohibits a visa approval decision by the Secretary of State from overriding a revocation or refusal determination by the Secretary. Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen and authorizes the Secretary to asign DHS personnel to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security. Directs the Secretary of State to ensure that any such DHS personnel have been stationed and are operational within one year of enactment of this Act. States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers. Amends INA to: (1) eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful U.S. presence, and (2) prohibit any court from hearing a claim arising from a visa revocation.
{"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security and the Secretary of State to refuse or revoke visas to aliens if in the security or foreign policy interests of the United States, to require the Secretary of Homeland Security to review visa applications before adjudication, to provide for the immediate dissemination of visa revocation information, and for other purposes."}
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SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Hidden Rate Elimination Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN MARGINAL INCOME TAX RATES FOR INDIVIDUALS. (a) Rates for 2002.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (d) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $12,000............... 14% of taxable income. Over $12,000 but not over $45,200. $1,680, plus 15% of the excess over $12,000. Over $45,200 but not over $109,250. $6,660, plus 27% of the excess over $45,200. Over $109,250 but not over $166,450. $23,953.50, plus 30% of the excess over $109,250. Over $166,450 but not over $297,300. $41,113.50, plus 35% of the excess over $166,450. Over $297,300.................. $86,911, plus 38% of the excess over $297,300. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $10,000............... 14% of taxable income. Over $10,000 but not over $36,250. $1,400, plus 15% of the excess over $10,000. Over $36,250 but not over $93,600. $5,337.50, plus 27% of the excess over $36,250. Over $93,600 but not over $151,600. $20,822, plus 30% of the excess over $93,600. Over $151,600 but not over $297,300. $38,222, plus 35% of the excess over $151,600. Over $297,300.................. $89,217, plus 38% of the excess over $297,300. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $6,000................ 14% of taxable income. Over $6,000 but not over $27,050. $840, plus 15% of the excess over $6,000. Over $27,050 but not over $65,550. $3,997.50, plus 27% of the excess over $27,050. Over $65,550 but not over $136,750. $14,362.50, plus 30% of the excess over $65,550. Over $136,750 but not over $297,300. $35,752.50, plus 35% of the excess over $136,750. Over $297,300.................. $91,945, plus 38% of the excess over $297,300. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $6,000................ 14% of taxable income. Over $6,000 but not over $22,600. $840, plus 15% of the excess over $6,000. Over $22,600 but not over $54,625. $3,330, plus 27% of the excess over $22,600. Over $54,625 but not over $83,225. $11,976.75, plus 30% of the excess over $54,625. Over $83,225 but not over $148,650. $20,556.75, plus 35% of the excess over $83,225. Over $148,650.................. $43,455.50, plus 38% of the excess over $148,650.''. (b) Phasein of Rate Reductions.--Section 1 is amended by adding at the end the following new subsection: ``(i) Phasein of 2006 Rates of 10, 15, 25, and 33 Percent.-- ``(1) In general.--In the case of taxable years beginning in a calendar year after 2002, the tax rates determined under subsection (a), (b), (c), or (d) shall be the tax rates imposed by such subsection in taxable years beginning in calendar year 2002, reduced-- ``(A) in the case of the 14 percent rate, by 1 percentage point in each taxable year beginning in a calendar year after 2002 and before 2007, ``(B) in the case of the 27 and 35 percent rates, by 1 percentage point in taxable years beginning in calendar year 2004, and by an additional 1 percentage point in taxable years beginning in calendar year 2006, and ``(C) in the case of the 30 and 38 percent rate, by 1 percentage point in each taxable year beginning in a calendar year after 2002 and before 2006, and by an additional 2 percentage points in taxable years beginning in calendar year 2006. ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out the reductions under this subsection.''. (c) Inflation Adjustment To Apply in Determining Rates for 2002.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000'', and (3) by striking paragraph (7) and inserting the following new paragraph: ``(7) Special rule for certain brackets.-- ``(A) Calendar years 2002 through 2006.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in calendar years after 2001 and before 2007, the Secretary shall make no adjustment to the dollar amounts at which the first rate bracket begins or at which the second rate bracket begins under any table contained in subsection (a), (b), (c), or (d). ``(B) Later calendar years.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 2006, the cost-of-living adjustment used in making adjustments to the dollar amounts referred to in subparagraph (A) shall be determined under paragraph (3) by substituting `2005' for `2000'.''. (d) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 32(j)(1)(B). (B) Section 41(e)(5)(C). (C) Section 42(h)(3)(H)(i)(II). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 132(f)(6)(A)(ii). (H) Section 135(b)(2)(B)(ii). (I) Section 146(d)(2)(B). (J) Section 151(d)(4). (K) Section 220(g)(2). (L) Section 221(g)(1)(B). (M) Section 512(d)(2)(B). (N) Section 513(h)(2)(C)(ii). (O) Section 685(c)(3)(B). (P) Section 877(a)(2). (Q) Section 911(b)(2)(D)(ii)(II). (R) Section 2032A(a)(3)(B). (S) Section 2503(b)(2)(B). (T) Section 2631(c)(2). (U) Section 4001(e)(1)(B). (V) Section 4261(e)(4)(A)(ii). (W) Section 6039F(d). (X) Section 6323(i)(4)(B). (Y) Section 6334(g)(1)(B). (Z) Section 6601(j)(3)(B). (AA) Section 7430(c)(1). (2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each amended by striking ``begins,'' and all that follows through ``thereof''. (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (e) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15 percent'' and inserting ``10 percent''. (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``15 percent'', and (B) by striking paragraph (13). (3) Section 531 is amended by striking ``39.6 percent'' and inserting ``33 percent''. (4) Section 541 of such Code is amended by striking ``39.6 percent'' and inserting ``33 percent''. (5) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``5, 10, 15, or 25 percent''. (6) Section 3402(p)(2) is amended by striking ``15 percent'' and inserting ``10 percent''. (7) Section 3402(q)(1) is amended by striking ``28 percent'' and inserting ``15 percent''. (8) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``25 percent''. (9) Section 3406(a)(1) is amended by striking ``31 percent'' and inserting ``25 percent''. (10) The Secretary of the Treasury may prescribe percentages which shall apply in lieu of the percentages specified in the amendments made by this subsection in order to coordinate those percentages with the percentages specified in the tables prescribed under the last sentence of section 1(i)(1) of the Internal Revenue Code of 1986, as added by this section. (f) 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, 2001. (2) Amendments to withholding provisions.--The amendments made by paragraphs (5), (6), (7), (8), and (9) of subsection (e) shall apply to amounts paid after December 31, 2001. SEC. 3. REPEAL OF PHASEOUTS OF DEDUCTION FOR PERSONAL EXEMPTIONS AND OF ITEMIZED DEDUCTIONS. (a) Repeal of Phaseout of Personal Exemptions.-- (1) In general.--Subsection (d) of section 151 (relating to exemption amount) is amended by striking paragraph (3). (2) Technical amendments.-- (A) Paragraph (6) of section 1(f) is amended-- (i) by striking ``section 151(d)(4)'' in subparagraph (A) and inserting ``section 151(d)(3)'', and (ii) by striking ``section 151(d)(4)(A)'' in subparagraph (B) and inserting ``section 151(d)(3)''. (B) Paragraph (4) of section 151(d) is amended to read as follows: ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1988' for `calendar year 2000' in subparagraph (B) thereof.'' (b) Repeal of Overall Limitation on Itemized Deductions.-- (1) In general.--Section 68 is hereby repealed. (2) Technical amendments.-- (A) Subparagraph (A) of section 1(f)(6) is amended by striking ``section 68(b)(2)''. (B) Paragraph (1) of section 56(b) is amended by striking subparagraph (F). (C) Subparagraph (B) of section 773(a)(3) is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (D) The table of sections for part I of subchapter B of chapter 1 is amended by striking the item relating to section 68. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Hidden Rate Elimination Act of 2001 - Amends the Internal Revenue Code to provide for a reduction in tax rates for individuals for calendar year 2002, as well as further reductions through calendar year 2006.Repeals the phaseout of personal exemptions.Repeals the overall limitation on itemized deductions.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide individual income tax rate reductions and to repeal the phaseouts of the deduction for personal exemptions and of itemized deductions."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Attorney Fee Payment System Improvement Act of 2002''. SEC. 2. CAP ON ATTORNEY ASSESSMENTS. (a) In General.--Section 206(d)(2)(A) of the Social Security Act (42 U.S.C. 406(d)(2)(A)) is amended by inserting ``, except that the maximum amount of the assessment may not exceed $75'' after ``subparagraph (B)''. (b) Effective Date.--The amendment made by this section shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 206 of the Social Security Act (42 U.S.C. 406) on or after the first day of the first month that begins after 120 days after the date of enactment of this Act. SEC. 3. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS. (a) In General.--Section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by striking ``section 206(a)'' and inserting ``section 206''; (B) by striking ``(other than paragraph (4) thereof)'' and inserting ``(other than subsections (a)(4) and (d) thereof); and (C) by striking ``paragraph (2) thereof'' and inserting ``such section''; (2) in subparagraph (A)(i), by striking ``in subparagraphs (A)(ii)(I) and (C)(i),'' and inserting ``in subparagraphs (A)(ii)(I) and (D)(i) of subsection (a)(2)'', and by striking ``and'' at the end; (3) by striking subparagraph (A)(ii) and inserting the following: ``(ii) by substituting, in subsections (a)(2)(B) and (b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the requirements of due process of law' for the phrase `subsection (g) or (h) of section 223'; ``(iii) by substituting, in subsection (a)(2)(C)(i), the phrase `under title II' for the phrase `under title XVI'; ``(iv) by substituting, in subsection (b)(1)(A), the phrase `pay the amount of such fee' for the phrase `certify the amount of such fee for payment' and by striking, in subsection (b)(1)(A), the phrase `or certified for payment'; and ``(v) by substituting, in subsection (b)(1)(B)(ii), the phrase `deemed to be such amounts as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a)' for the phrase `determined before any applicable reduction under section 1127(a))'.''; and (4) by striking subparagraph (B) and inserting the following new subparagraphs: ``(B) Subject to subparagraph (C), if the claimant is determined to be entitled to past-due benefits under this title and the person representing the claimant is an attorney, the Commissioner of Social Security shall pay out of such past-due benefits to such attorney an amount equal to the lesser of-- ``(i) so much of the maximum fee as does not exceed 25 percent of such past-due benefits (as determined before any applicable reduction under section 1631(g) and reduced by the amount of any reduction in benefits under this title or title II pursuant to section 1127(a)), or ``(ii) the amount of past-due benefits available after any applicable reductions under sections 1631(g) and 1127(a). ``(C)(i) Whenever a fee for services is required to be paid to an attorney from a claimant's past-due benefits pursuant to subparagraph (B), the Commissioner shall impose on the attorney an assessment calculated in accordance with clause (ii). ``(ii)(I) The amount of an assessment under clause (i) shall be equal to the product obtained by multiplying the amount of the representative's fee that would be required to be paid by subparagraph (B) before the application of this subparagraph, by the percentage specified in subclause (II), except that the maximum amount of the assessment may not exceed $75. ``(II) The percentage specified in this subclause is such percentage rate as the Commissioner determines is necessary in order to achieve full recovery of the costs of determining and approving fees to attorneys from the past-due benefits of claimants, but not in excess of 6.3 percent. ``(iii) The Commissioner may collect the assessment imposed on an attorney under clause (i) by offset from the amount of the fee otherwise required by subparagraph (B) to be paid to the attorney from a claimant's past-due benefits. ``(iv) An attorney subject to an assessment under clause (i) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment. ``(v) Assessments on attorneys collected under this subparagraph shall be deposited in the Treasury in a separate fund created for this purpose. ``(vi) The assessments authorized under this subparagraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended, for administrative expenses in carrying out this title and related laws.''. (b) Effective Date.--The amendments made by this section shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) on or after the first day of the first month that begins after 270 days after the date of enactment of this Act.
Social Security Attorney Fee Payment System Improvement Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to set a cap of $75 on assessments owed by attorney representatives upon receiving payment for representing a successful claimant for past-due benefits.Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to extend a similar payment system to attorney representatives of claimants who obtain a favorable court judgment for past-due SSI benefits. Sets a cap to such an attorney payment by the Commissioner of Social Security of 25% of the amount of such past-due benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware Water Gap National Recreation Area Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Columbia Gas Transmission Corporation. (2) Pipeline.--The term ``pipeline'' means that portion of the pipeline of the Corporation numbered 1278 that is-- (A) located in the Recreation Area; and (B) situated on 2 tracts designated by the Corporation as ROW No. 16405 and No. 16413. (3) Recreation area.--The term ``Recreation Area'' means the Delaware Water Gap National Recreation Area in the Commonwealth of Pennsylvania. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Superintendent.--The term ``Superintendent'' means the Superintendent of the Recreation Area. SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE. (a) In General.--The Secretary may enter into an agreement with the Corporation to grant to the Corporation an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches. (b) Terms and Conditions.--The easement authorized under subsection (a) shall-- (1) be consistent with-- (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the enlarged pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary; (c) Permits.-- (1) In general.--The Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance.--The easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall-- (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that-- (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) Pipeline Replacement Requirements.--The enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1-2002-1004-H). (e) FERC Consultation.--The Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) Limitation.--The Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) Effect on Right-of-Way Easement.--Nothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) Penalties.--On request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if-- (1) the Corporation-- (A) violates a provision of-- (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(2)(C); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101-337 (16 U.S.C. 19jj)). SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP. Section 702 of Division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4185) is amended-- (1) in subsection (a), by striking ``at noon on September 30, 2005'' and inserting ``on the earlier of the date on which a feasible alternative is available or noon of September 30, 2015''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``September 30, 2005'' and inserting ``on the earlier of the date on which a feasible alternative is available or September 30, 2015''; and (B) in paragraph (2)-- (i) by striking ``noon on September 30, 2005'' and inserting ``the earlier of the date on which a feasible alternative is available or noon of September 30, 2015''; and (ii) by striking ``not exceed $25 per trip'' and inserting the following: ``be established at a rate that would cover the cost of collection of the commercial use fee, but not to exceed $40 per trip''. SEC. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD. Effective on January 1, 2006, section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)) is amended in the first sentence by striking ``2006'' and inserting ``2007''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Delaware Water Gap National Recreation Area Improvement Act - Authorizes the Secretary of the Interior to grant an easement to the Columbia Gas Transmission Corporation to enlarge the diameter of a specified natural gas pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania. Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area in accordance with specified procedural requirements for the temporary areas required for the construction of the enlarged pipeline. Requires the Corporation to comply with Federal Energy Regulatory Commission (FERC) certification requirements for the increase in pipeline size. Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. Authorizes the Attorney General, at the Secretary's request, to bring against the Corporation a civil action for damages and response costs if the Corporation violates easement or permit provisions, fails to submit or timely implement an approved restoration and mitigation plan, or the violation or failure destroys, results in the loss of, or injures park system resources. Amends the Omnibus Parks and Public Lands Management Act of 1996 to modify the effective date of the prohibition against the use of Highway 209 within Delaware Water Gap National Recreation Area by certain commercial vehicles. Changes such date from noon on September 30, 2005, to the earlier of the date on which a feasible alternative is available, or noon of September 30, 2015. Increases from $25 to $40 the maximum commercial use fee which the Secretary is required to collect from commercial vehicles until the effective date of the prohibition. Extends the National Park System Advisory Board until January 1, 2007.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Professions and Primary Care Reinvestment Act''. SEC. 2. EDUCATION AND TRAINING FOR DELIVERY SYSTEM REFORM. (a) Medical Home Training.--Section 747(a) of the Public Health Service Act (42 U.S.C. 293k(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (6) the following: ``(7) to plan, develop, and operate a demonstration program that provides training in new competencies, as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry, which may include-- ``(A) providing training to primary care providers relevant to providing care through patient-centered medical homes (as defined by the Secretary for purposes of this paragraph, taking into account the criteria of the National Committee for Quality Assurance and other certifying entities); ``(B) developing tools and curricula relevant to patient-centered medical homes; and ``(C) providing continuing education relevant to patient-centered medical homes.''. (b) Priorities of Delivery System Reform.--Section 747 of the Public Health Service Act (42 U.S.C. 293k) is amended by striking subsection (c) and inserting the following: ``(c) Priorities in Making Awards.--In awarding grants or contracts under this section, the Secretary shall give priority to qualified applicants that-- ``(1) have a record of training the greatest percentage of providers, or that have demonstrated significant improvements in the percentage of providers trained, who enter and remain in primary care practice; ``(2) have a record of training individuals who are from underrepresented minority groups or from a rural or disadvantaged background; ``(3) provide training in the care of vulnerable populations such as children, older adults, homeless individuals, victims of abuse or trauma, individuals with mental health or substance-related disorders, individuals with HIV/AIDS, and individuals with disabilities; ``(4) establish formal relationships and submit joint applications with federally qualified health centers, rural health clinics, area health education centers, or clinics located in underserved areas or that serve underserved populations; ``(5) provide training in interdisciplinary, integrated care through collaboration among health professionals, including physician assistants, nurse practitioners, pharmacists, dentists, geriatricians, and mental and behavioral health professionals; ``(6) provide training in enhanced communication with patients, evidence-based practice, chronic disease management, preventive care, health information technology, or other competencies as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry; or ``(7) provide training in cultural competency and health literacy.''. (c) Other Amendments.--Section 747 of the Public Health Service Act (42 U.S.C. 293k) is amended-- (1) in subsection (d)-- (A) by striking ``subsection (a) may not exceed'' and inserting ``this section shall be''; and (B) by striking the second sentence; and (2) by striking subsection (e) and inserting the following: ``(e) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $125,000,000 for each of fiscal years 2010 through 2014. Fifteen percent of the amount appropriated in each such fiscal year shall be allocated to the physician assistant training programs described in subsection (a)(5), which prepare students for practice in primary care.''. SEC. 3. HEALTH WORKFORCE INFORMATION AND ANALYSIS. (a) In General.--Section 761 of the Public Health Service Act (42 U.S.C. 294m) is amended-- (1) by redesignating subsection (c) as subsection (e); (2) by striking subsection (b) and inserting the following: ``(b) National Center for Health Workforce Analysis.-- ``(1) Establishment.--The Secretary shall establish the National Center for Health Workforce Analysis (referred to in this section as the ``National Center'') within the Department of Health and Human Services. ``(2) Purposes.--The purposes of the National Center are to-- ``(A) carry out the activities under section 792(a); and ``(B) collect, analyze, and report data related to health workforce issues in coordination with the State and Regional Centers for Health Workforce Analysis described in subsection (c) (referred to in this section as the ``State and Regional Centers''). ``(3) Functions.--The National Center shall-- ``(A) annually evaluate the effectiveness of programs under this title, based on data reported by recipients of contracts or grants under this title, data collected from the State and Regional Centers described in subsection (c), and analyses conducted under paragraph (4); ``(B) develop and publish benchmarks for performance for programs under this title; ``(C) regularly produce and report to the relevant committees of Congress estimates of the supply, demand, and distribution of health professionals, such as physicians, dentists, nurses, physician assistants, pharmacists, mental and behavioral health professionals, public health workers, and long-term care workers, as appropriate; ``(D) establish, maintain, and make publicly available through the Internet a national health workforce database to collect data from-- ``(i) longitudinal tracking systems (as defined in section 761(d)(2)) on performance measures (as developed under sections 748(d)(3), 756(d)(3), and 762(a)(3)); and ``(ii) the State and Regional Centers described in subsection (c); ``(E) establish and maintain a registry of each grant awarded under this title, including data on the project director, the institution, the type and year of the award, and the residency, fellowship, or internship program, as appropriate; and ``(F) biennially submit to the relevant committees of Congress a report on the activities of the National Center during the previous 2-year period. ``(4) Collaboration and data sharing.-- ``(A) In general.--The National Center shall collaborate with Federal agencies, health professions education organizations, health professions organizations, and professional medical societies for the purpose of linking data regarding grants awarded under this title with 1 or more of the following: ``(i) Data maintained by the Centers for Medicare & Medicaid Services. ``(ii) Data on participation in the National Health Service Corps. ``(iii) Data sets maintained by health professions education organizations, health professions organizations, or professional medical societies. ``(iv) Other data sets, as the Secretary determines appropriate. ``(B) Contracts for health workforce analysis.--For the purpose of carrying out the activities described in subparagraph (A), the National Center may enter into contracts with health professions education organizations, health professions organizations, or professional medical societies. ``(c) State and Regional Centers for Health Workforce Analysis.-- ``(1) In general.--The Secretary shall award grants to, or enter into contracts with, eligible entities for purposes of-- ``(A) collecting, analyzing, and reporting to the National Center data regarding programs under this title and data related to health workforce issues; ``(B) conducting, broadly disseminating, and making publicly available through the Internet research and reports on State, regional, and national health workforce issues, including research on the supply, demand, and distribution of health professionals; ``(C) evaluating the effectiveness of programs under this title and other policies related to health workforce issues; and ``(D) providing technical assistance to local and regional entities on the collection, analysis, and reporting of data related to health workforce issues. ``(2) Eligible entities.--To be eligible for a grant or contract under this subsection, an entity shall-- ``(A) be a State, a State workforce commission, a public health or health professions school, an academic health center, or an appropriate public or private nonprofit entity or a partnership of such entities; and ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Increase in Grants for Longitudinal Tracking Systems.-- ``(1) In general.--The Secretary shall increase the amount of a grant or contract awarded to an eligible entity under this title for the establishment and maintenance of a longitudinal tracking system.''. ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `longitudinal tracking system' means a system that tracks students, residents, fellows, interns, or faculty who have received education, training, or financial assistance from programs under this title over a period of not less than 5 years, as specified by the Secretary. ``(B) Capability.--A longitudinal tracking system shall be capable of-- ``(i) tracking participation in the National Health Service Corps, practice in federally qualified health centers, practice in health professional shortage areas and medically underserved areas, and practice in primary care; and ``(ii) collecting and reporting data on performance measures developed under sections 748(d)(3), 756(d)(3), and 762(a)(3). ``(C) Guidelines.--A longitudinal tracking system shall comply with guidelines issued under sections 748(d)(4), 756(d)(4), and 762(a)(4). ``(3) Eligible entities.--To be eligible to obtain an increase under this section, an entity shall be a recipient of a grant or contract under this title and have not previously received an increase under this section.''; and (3) in subsection (e), as so redesignated-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) National center for health workforce analysis.--To carry out subsection (b), there are authorized to be appropriated $1,000,000 for each of fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year. ``(B) State and regional centers.--To carry out subsection (c), there are authorized to be appropriated $4,500,000 for each of fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year. ``(C) Grants for longitudinal tracking systems.--To carry out subsection (d), there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2014. ``(D) Carryover funds.--An entity that receives an award under this section may carry over funds from 1 fiscal year to another without obtaining approval from the Secretary. In no case may any funds be carried over pursuant to the preceding sentence for more than 3 years.''; and (B) in paragraph (2), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Transfer of Functions.--Not later than 180 days after the date of enactment of this Act, all of the functions, authorities, and resources of the National Center for Health Workforce Analysis of the Health Resources and Services Administration, as in effect on the date before the date of enactment of this Act, shall be transferred to the National Center for Health Workforce Analysis established under section 761 of the Public Health Service Act, as amended by subsection (a). (c) Preference for Use of Longitudinal Tracking Systems.--Section 791(a)(1) of the Public Health Service Act (42 U.S.C. 295j(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(C) utilizes a longitudinal tracking system (as defined in section 761(d)(2)) and reports data from such system to the national workforce database (as established under section 761(b)(3)(D)).''. (d) Performance Measures; Guidelines for Longitudinal Tracking Systems.-- (1) Advisory committee on training in primary care medicine and dentistry.--Section 748(d) of the Public Health Service Act (42 U.S.C. 293l(d)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this part; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this part; and ``(5) recommend appropriation levels for programs under this part.''. (2) Advisory committee on interdisciplinary, community- based linkages.--Section 756(d) of the Public Health Service Act (42 U.S.C. 294f(d)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this part; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this part; and ``(5) recommend appropriation levels for programs under this part.''. (3) Advisory council on graduate medical education.-- Section 762(a) of the Public Health Service Act (42 U.S.C. 294o(a)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this title, except for programs under part C or D; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this title, except for programs under part C or D; and ``(5) recommend appropriation levels for programs under this title, except for programs under part C or D.''.
Health Professions and Primary Care Reinvestment Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to make grants to hospitals, medical schools, and other entities to train primary care providers to provide care through patient-centered medical homes and to develop tools and curricula and provide continuing education relevant to patient-centered homes. Requires the Secretary to: (1) establish the National Center for Health Workforce Analysis (National Center) to collect, analyze, and report data related to health workforce issues in coordination with the State and Regional Centers for Health Workforce Analysis; (2) award grants to, or enter into contracts with, states, state workforce commissions, and other health care entities to collect, analyze, and report to the National Center data on programs related to health workforce issues; and (3) increase the amount of grants or contracts awarded for the establishment and maintenance of a longitudinal tracking system (a system that tracks students, residents, fellows, interns, or faculty who have received education, training, or financial assistance from Health Professions Education and Training programs for at least five years). Requires the Advisory Committee on Interdisciplinary, Community-Based Linkages and the Advisory Council on Graduate Medical Education to develop, publish, and implement performance measures for health professions education programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims Restitution Act of 1995''. SEC. 2. ORDER OF RESTITUTION. Section 3663 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``may order'' and inserting ``shall order''; and (B) by adding at the end the following new paragraph: ``(4) In addition to ordering restitution of the victim of the offense of which a defendant is convicted, a court may order restitution of any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily, by unlawful conduct of the defendant during-- ``(A) the criminal episode during which the offense occurred; or ``(B) the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.''; (2) in subsection (b)(1)(B), by striking ``impractical'' and inserting ``impracticable''; (3) in subsection (b)(2), by inserting ``emotional or'' after ``resulting in''; (4) in subsection (c), by striking ``If the Court decides to order restitution under this section, the'' and inserting ``The''; (5) by striking subsections (d), (e), (f), (g), and (h); (6) by redesignating subsection (i) as subsection (m); and (7) by inserting after subsection (c) the following new subsections: ``(d)(1) The court shall order restitution to a victim in the full amount of the victim's losses as determined by the court and without consideration of-- ``(A) the economic circumstances of the offender; or ``(B) the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. ``(2) Upon determination of the amount of restitution owed to each victim, the court shall specify in the restitution order the manner in which and the schedule according to which the restitution is to be paid, in consideration of-- ``(A) the financial resources and other assets of the offender; ``(B) projected earnings and other income of the offender; and ``(C) any financial obligations of the offender, including obligations to dependents. ``(3) A restoration order may direct the offender to make a single, lump-sum payment, partial payment at specified intervals, or such in- kind payments as may be agreeable to the victim and the offender. ``(4) An in-kind payment described in paragraph (3) may be in the form of-- ``(A) return of property; ``(B) replacement of property; or ``(C) services rendered to the victim or to a person or organization other than the victim. ``(e) When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. ``(f) When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. ``(g)(1) If the victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation. ``(2) The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss, at which time a person that has provided compensation to the victim shall be entitled to receive any payments remaining to be paid under the restitution order. ``(3) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim in-- ``(A) any Federal civil proceeding; and ``(B) any State civil proceeding, to the extent provided by the law of the State. ``(h) A restitution order shall provide that-- ``(1) all fines, penalties, costs, restitution payments and other forms of transfers of money or property made pursuant to the sentence of the court shall be made by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment by the entity in accordance with this subsection; ``(2) the entity designated by the Director of the Administrative Office of the United States Courts shall-- ``(A) log all transfers in a manner that tracks the offender's obligations and the current status in meeting those obligations, unless, after efforts have been made to enforce the restitution order and it appears that compliance cannot be obtained, the court determines that continued recordkeeping under this subparagraph would not be useful; ``(B) notify the court and the interested parties when an offender is 90 days in arrears in meeting those obligations; and ``(C) disburse money received from an offender so that each of the following obligations is paid in full in the following sequence: ``(i) a penalty assessment under section 3013 of title 18, United States Code; ``(ii) restitution of all victims; and ``(iii) all other fines, penalties, costs, and other payments required under the sentence; and ``(3) the offender shall advise the entity designated by the Director of the Administrative Office of the United States Courts of any change in the offender's address during the term of the restitution order. ``(i) A restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. ``(j) Compliance with the schedule of payment and other terms of a restitution order shall be a condition of any probation, parole, or other form of release of an offender. If a defendant fails to comply with a restitution order, the court may revoke probation or a term of supervised release, modify the term or conditions of probation or a term of supervised release, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, or take any other action necessary to obtain compliance with the restitution order. In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the restitution order, and any other circumstances that may have a bearing on the defendant's ability to comply with the restitution order. ``(k) An order of restitution may be enforced-- ``(1) by the United States-- ``(A) in the manner provided for the collection and payment of fines in subchapter (B) of chapter 229 of this title; or ``(B) in the same manner as a judgment in a civil action; and ``(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. ``(l) A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.''. SEC. 3. PROCEDURE FOR ISSUING ORDER OF RESTITUTION. Section 3664 of title 18, United States Code, is amended-- (1) by striking subsection (a); (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively; (3) by amending subsection (a), as redesignated by paragraph (2), to read as follows: ``(a) The court may order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate. The probation service of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.''; and (4) by adding at the end the following new subsection: ``(e) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.''.
Crime Victims Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
{"src": "billsum_train", "title": "Crime Victims Restitution Act of 1995"}
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