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SECTION 1. TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome or conflicting, thus impeding cost-effective delivery of services at the local level; (3) State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems that require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) simplify Federal financial assistance application and reporting requirements; (3) improve the delivery of services to the public; and (4) facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Common rule.--The term ``common rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (4) Federal financial assistance program.--The term ``Federal financial assistance program'' means a domestic assistance program (as defined under section 6101(4) of title 31, United States Code) under which financial assistance is available, directly or indirectly, to a State, local, or tribal government or a qualified organization to carry out activities consistent with national policy goals. (5) Local government.--The term ``local government'' means-- (A) a political subdivision of a State that is a unit of general local government (as defined under section 6501(10) of title 31, United States Code); (B) any combination of political subdivisions described in subparagraph (A); or (C) a local educational agency as defined under section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)). (6) Qualified organization.--The term ``qualified organization'' means a private, nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (7) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands. (8) Tribal government.--The term ``tribal government'' means the governing entity of an Indian tribe, as that term is defined in the Indian Self Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 5. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, shall direct, coordinate, and assist Federal agencies in establishing-- (1) a uniform application, or set of uniform applications, to be used by an applicant to apply for assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (2) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for grantees; (3) a uniform system wherein an applicant may apply for, manage, and report on the use of, funding from multiple Federal financial assistance programs across different Federal agencies; (4) a process for applicants to electronically apply for, and report on the use of, funds from Federal financial assistance programs; (5) use of common rules for multiple Federal financial assistance programs across different Federal agencies; (6) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including the development of a release form to be used by grantees to facilitate the sharing of information across multiple Federal financial assistance programs; (7) a process to strengthen the information resources management capacity of State, local, and tribal governments and qualified organizations pertaining to the administration of Federal financial assistance programs; and (8) specific annual goals and objectives to further the purposes of this Act. (b) Actions Consistent With Statutory Requirements.--The actions taken by the Director under subsection (a) shall be consistent with statutory requirements relating to any applicable Federal financial assistance program. (c) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (d) Review of Plans and Reports.-- (1) In general.--The Director shall-- (A) review agency plans and reports developed under section 6 for adequacy; (B) monitor the annual performance of each agency toward achieving the goals and objectives stated in the agency plan; and (C) ensure that each agency plan does not diminish standards to measure performance and accountability of financial assistance programs. (2) Report.--Not later than 3 years after the date of enactment of this Act, the Director shall report to Congress on implementation of this section. Such a report may be included as part of any of the general management reports required under law. (e) Exemptions.-- (1) In general.--The Director may exempt any Federal agency from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. (2) Agencies exempted.--Not later than November 1 of each fiscal year, the Director shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives-- (A) a list of each agency exempted under this subsection in the preceding fiscal year; and (B) an explanation for each such exemption. (f) Guidance.--Not later than 120 days after the date of enactment of this Act, the Director shall issue guidance to Federal agencies on implementation of the requirements of this Act. Such guidance shall include a statement on the common rules that the Director intends to review and standardize under this Act. SEC. 6. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for each financial assistance program administered by the agency; (2) demonstrates active participation in the interagency process required the applicable provisions of section 5(a); (3) demonstrates agency use, or plans for use, of the uniform application (or set of applications) and system developed under section 5(a) (1) and (3); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency; (6) strengthens the information resources management capacity of State, local and tribal governments and qualified organizations pertaining to the administration of the financial assistance program administered by the agency; and (7) in cooperation with State, local, and tribal governments and qualified organizations, establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives. (b) Plan Consistent With Statutory Requirements.--Each plan developed and implemented under this section shall be consistent with statutory requirements relating to any applicable Federal financial assistance program. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each Federal agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment on the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public hearings or related public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult regularly with representatives of State, local and tribal governments and qualified organizations during development of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such a report may be included as part of any of the general management reports required under law. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 5(c)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of enactment of this Act the evaluation shall be submitted to the lead agency, the Director, and Congress. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; and (3) assess the level of coordination and cooperation among the Director, Federal agencies, State, local, and tribal governments, and qualified organizations in implementing this Act. SEC. 8. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of enactment of this Act and shall cease to be effective on and after 5 years after such date of enactment.
Federal Financial Assistance Management Improvement Act of 1998 - Directs the Director of the Office of Management and Budget, in consultation with Federal agency heads, to coordinate and assist Federal agencies in establishing: (1) a uniform Federal financial assistance application or set of such uniform applications; (2) ways to streamline Federal financial assistance administrative procedures and reporting requirements for grantees; (3) a uniform Federal financial assistance system; (4) an electronic application and reporting process; (5) use of common rules; (6) improved interagency and intergovernmental coordination of information collection and sharing of data, including the development of a release form to be used by grantees; (7) a process to strengthen the information resources management capacity of State and local governments and qualified organizations; and (8) specific annual goals and objectives to further the purposes of this Act. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. Requires the Director to: (1) review agency plans and reports developed under this Act for adequacy; (2) monitor each agency's annual performance toward achieving the goals and objectives stated in the agency's plan; (3) ensure that each agency plan does not diminish standards to measure performance and accountability of financial assistance programs; and (4) report to the Congress on implementation of this Act. Exempts any Federal agency from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director, not later than November 1 of each fiscal year, to submit to the Senate Committee on Governmental Affairs and the House Committee on Government Reform and Oversight: (1) a list of each agency exempted in the preceding fiscal year; and (2) an explanation for each such exemption. Directs the Director to issue guidance on implementation of the requirements of this Act, including a statement on the common rules that he or she intends to review and standardize under this Act. Sets specifications for the development and implementation of plans by Federal agencies, including for each agency to designate a lead agency official for carrying out the agency's responsibilities under this Act. Requires the lead official to consult regularly with representatives of State and local governments and qualified organizations during development of the plan. Requires each Federal agency to submit the plan to the Director and the Congress and report annually thereafter on the implementation of the plan and the agency's performance in meeting the goals and objectives specified under this Act. Directs the Director or the lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Terminates this Act five years after enactment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Science Foundation merits praise and public recognition for its major contributions during the past 50 years to the development of the Nation's academic research enterprise, which is the envy of the world. (2) The economic strength and security of the United States and the quality of life of all Americans are grounded in the Nation's scientific and technological capabilities. (3) The National Science Foundation plays a key role in the support of basic research in all science and engineering disciplines and in science, mathematics, engineering, and technology education at all levels. (4) The research and education activities of the National Science Foundation promote the discovery, integration, dissemination, and application of new knowledge in service to society and prepare future generations of scientists, mathematicians, and engineers who will be necessary to ensure America's leadership in the global marketplace. (5) The National Science Foundation must be provided with sufficient resources to enable it to carry out its responsibilities to develop intellectual capital, strengthen the scientific infrastructure, integrate research and education, and enhance the delivery of mathematics and science education and improve the technological literacy of all citizens. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Year 2002.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $5,078,400,000 for fiscal year 2002. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $3,859,700,000 shall be made available to carry out Research and Related Activities, of which-- (i) $561,000,000 shall be made available for Biological Sciences; (ii) $556,300,000 shall be made available for Computer and Information Science and Engineering; (iii) $489,400,000 shall be made available for Engineering; (iv) $624,400,000 shall be made available for Geosciences; (v) $1,028,700,000 shall be made available for Mathematical and Physical Sciences, of which $210,000,000 shall be made available for Mathematical Sciences; (vi) $189,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $236,000,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $112,300,000 shall be made available for Integrative Activities, of which $75,000,000 shall be made available for Major Research Instrumentation; (B) $903,400,000 shall be made available for Education and Human Resources, of which-- (i) such sums as may be necessary shall be made available to allow for a minimum of 900 new awards for Graduate Research Fellowships; (ii) $18,000,000 shall be made available for evaluation activities carried out by the Research, Evaluation and Communication division; and (iii) $67,000,000 shall be made available for research activities carried out by the Research, Evaluation and Communication division, of which $25,000,000 shall be made available for the Interagency Research Initiative; (C) $135,200,000 shall be made available for Major Research Equipment, of which-- (i) $17,400,000 shall be made available for the EarthScope; (ii) $16,900,000 shall be made available for the Large Hadron Collider; (iii) $9,000,000 shall be made available for Millimeter Array; (iv) $12,500,000 shall be made available for HIAPER; (v) $55,000,000 shall be made available for Terascale Computing Systems; and (vi) $24,400,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $173,300,000 shall be made available for Salaries and Expenses; and (E) $6,800,000 shall be made available for the Office of Inspector General. (b) Fiscal Year 2003.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $5,840,200,000 for fiscal year 2003. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $4,471,700,000 shall be made available to carry out Research and Related Activities, of which-- (i) $634,000,000 shall be made available for Biological Sciences; (ii) $645,200,000 shall be made available for Computer and Information Science and Engineering; (iii) $553,000,000 shall be made available for Engineering; (iv) $706,000,000 shall be made available for Geosciences; (v) $1,216,900,000 shall be made available for Mathematical and Physical Sciences, of which $300,000,000 shall be made available for Mathematical Sciences; (vi) $259,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $267,000,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $128,000,000 shall be made available for Integrative Activities, of which $85,000,000 shall be made available for Major Research Instrumentation; (B) $1,038,900,000 shall be made available for Education and Human Resources, of which-- (i) such sums as may be necessary shall be made available to allow for a minimum of 900 new awards for Graduate Research Fellowships; (ii) $20,000,000 shall be made available for evaluation activities carried out by the Research, Evaluation and Communication division; and (iii) $77,000,000 shall be made available for research activities carried out by the Research, Evaluation and Communication division, of which $28,000,000 shall be made available for the Interagency Research Initiative; (C) $138,700,000 shall be made available for Major Research Equipment, of which-- (i) $28,500,000 shall be made available for the EarthScope; (ii) $9,700,000 shall be made available for the Large Hadron Collider; (iii) $15,000,000 shall be made available for Millimeter Array; (iv) $12,000,000 shall be made available for the National Ecological Observatory Network; (v) $39,500,000 shall be made available for HIAPER; and (vi) $4,500,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $183,700,000 shall be made available for Salaries and Expenses; and (E) $7,200,000 shall be made available for the Office of Inspector General. (c) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $6,716,200,000 for fiscal year 2004. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $5,176,300,000 shall be made available to carry out Research and Related Activities, of which-- (i) $329,000,000 shall be made available for Social, Behavioral, and Economic Sciences; (ii) $390,000,000 shall be made available for Mathematical Sciences; and (iii) $100,000,000 shall be made available for the Major Research Instrumentation; (B) $1,194,700,000 shall be made available to carry out Education and Human Resources; (C) $142,900,000 shall be made available for Major Research Equipment, of which-- (i) $15,700,000 shall be made available for the EarthScope; (ii) $25,000,000 shall be made available for Millimeter Array; (iii) $20,000,000 shall be made available for the National Ecological Observatory Network; (iv) $7,500,000 shall be made available for HIAPER; and (v) $17,000,000 shall be made available for the Network for Earthquake Engineering Simulation; (D) $194,700,000 shall be made available for Salaries and Expenses; and (E) $7,600,000 shall be made available for the Office of Inspector General. (d) Fiscal Year 2005.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $7,723,600,000 for fiscal year 2005. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $5,988,000,000 shall be made available to carry out Research and Related Activities, of which $480,000,000 shall be made available for Mathematical Sciences; (B) $1,373,900,000 shall be made available to carry out Education and Human Resources; (C) $147,200,000 shall be made available for Major Research Equipment, of which-- (i) $13,200,000 shall be made available for the EarthScope; (ii) $35,000,000 shall be made available for Millimeter Array; (iii) $27,000,000 shall be made available for the National Ecological Observatory Network; and (iv) $7,500,000 shall be made available for HIAPER; (D) $206,400,000 shall be made available for Salaries and Expenses; and (E) $8,100,000 shall be made available for the Office of Inspector General. SEC. 4. PRIORITY FOR RESOURCE ALLOCATION. In allocating resources made available under section 3 for Research and Related Activities, the National Science Foundation shall give priority to increasing average grant size and duration. SEC. 5. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES AMOUNTS. If the amount appropriated pursuant to section 3(a)(2)(A), 3(b)(2)(A), or 3(c)(2)(A) is less than the amount authorized under that subparagraph, the amount available for each scientific directorate and major activity under that subparagraph shall be reduced by the same proportion. SEC. 6. CONSULTATION AND REPRESENTATION EXPENSES. From appropriations made under authorizations provided in this Act, the Director of the National Science Foundation may use not more than $10,000 in each fiscal year for official consultation, representation, or other extraordinary expenses. SEC. 7. MAJOR RESEARCH INSTRUMENTATION. The National Science Foundation shall conduct a review and assessment of the Major Research Instrumentation Program and provide a report to Congress on its findings and recommendations by September 1, 2002. The report shall include-- (1) estimates of the needs, by major field of science and engineering, of institutions of higher education for the types of research instrumentation that are eligible for acquisition under the guidelines of the Major Research Instrumentation Program; (2) the distribution of awards and funding levels by year and by major field of science and engineering for the Major Research Instrumentation Program, since the inception of the Program; and (3) an analysis of the impact of the Major Research Instrumentation Program on the research instrumentation needs that were documented in the National Science Foundation's 1994 survey of academic research instrumentation needs. SEC. 8. ASSESSMENT AND PLAN FOR PROGRAMS TO ENCOURAGE CAREERS IN SCIENCE AND ENGINEERING BY UNDERREPRESENTED GROUPS. (a) Assessment.--The Director of the National Science Foundation shall conduct a review and assessment of the precollege and undergraduate programs of the National Science Foundation that are focused on increasing the numbers of individuals pursuing careers in science, mathematics, and engineering, who are from segments of the population underrepresented in these career fields. The study shall-- (1) determine the effectiveness of the Foundation's programs, with emphasis on quantitative evidence of the programs' impact on increasing the numbers of individuals obtaining baccalaureate and graduate degrees in science, mathematics, and engineering and subsequently entering careers in those fields; (2) identify the principal characteristics of effective programs and factors that would affect the replication of effective programs at other sites; and (3) develop recommendations for surveys and for other data collection and analysis activities that would strengthen the Foundation's capability to assess the effectiveness of these programs and to replicate and enlarge successful programs. (b) Plan.--On the basis of the assessment under subsection (a), the Director shall develop a plan for-- (1) instituting a research grants program and allocating resources for the Foundation's internal assessment activities to address recommendations developed under subsection (a)(3); and (2) scaling up and replicating programs and activities that have been determined to be effective in increasing the numbers of baccalaureate and graduate degrees in science, mathematics, and engineering from segments of the population underrepresented in these career fields. (c) Transmittal to Congress.--The National Science Foundation shall transmit to Congress within 18 months after the date of enactment of this Act a report setting forth the findings, conclusions, and recommendations of the assessment conducted in accordance with subsection (a) and the plan developed in accordance with subsection (b), including recommended funding levels for proposed programs and activities. SEC. 9. NATIONAL RESEARCH FACILITIES PLAN. Section 201 of the National Science Foundation Authorization Act of 1998 is amended by adding at the end the following new subsection: ``(c) Cost Categories.--All cost data on facilities construction, repair and upgrades, operations, and maintenance provided in the plan required under subsection (a) shall indicate the source of the funds by appropriations account. Data supplied on operations costs shall indicate current and planned funding for instrumentation development and upgrades required to maintain the scientific value of the facility.''. SEC. 10. REPORTS ELIMINATION. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: (1) Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). (2) Section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)). (3) Section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (4) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886). (5) Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)). (6) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)). (7) Section 7(a) of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1873 note).
National Science Foundation Authorization Act of 2001 - Authorizes appropriations to the National Science (NSF) for FY 2002 through 2005, with specific allocations for Research and Related Activities, Education and Human Resources, Major Research Equipment, Salaries and Expenses, and the Office of Inspector General.Requires NSF, in allocating resources made available for Research and Related Activities, to give priority to increasing average grant size and duration.Prohibits the Director of NSF from using more than $10,000 in each fiscal year for official consultation, representation, or other extraordinary expenses.Requires NSF to assess and report to Congress on: (1) the Major Research Instrumentation Program; and (2) precollege and undergraduate programs of NSF that are focused on increasing the numbers of individuals pursuing careers in science, mathematics, and engineering who are from segments of the population underrepresented in these career fields.Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified NSF reports.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Incentives Act of 2002''. SEC. 2. INCREASE IN LIMITATION ON CAPITAL LOSSES OF INDIVIDUALS ALLOWABLE AGAINST ORDINARY INCOME. (a) In General.--Paragraph (1) of section 1211(b) of the Internal Revenue Code of 1986 (relating to limitation on capital losses of taxpayers other than corporations) is amended-- (1) by striking ``$3,000'' and inserting ``$20,000'', and (2) by striking ``$1,500'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. ACCELERATION OF INCREASE IN CONTRIBUTIONS TO CERTAIN RETIREMENT PLANS. (a) IRAs.-- (1) In general.--Subparagraph (A) of section 219(b)(5) of the Internal Revenue Code of 1986 (defining deductible amount) is amended to read as follows: ``(A) The deductible amount shall be $5,000.''. (2) Inflation adjustment.--Section 219(b)(5)(C) of such Code is amended-- (A) by striking ``2008'' and inserting ``2002'', and (B) by striking ``2007'' and inserting ``2001''. (b) 401(k) Plans.-- (1) In general.--Paragraph (1) of section 402(g) of such Code is amended-- (A) by striking subparagraph (B), (B) by striking ``(A) Limitation.--'' and moving the text 2 ems to the left, and (C) in such text by striking ``the applicable dollar amount'' and inserting ``$15,000''. (2) Inflation adjustment.--Section 402(g)(4) of such Code is amended-- (A) by striking ``2006'' and inserting ``2002'', and (B) by striking ``2005'' and inserting ``2001''. (3) Conforming amendment.--Section 401(a)(30) of such Code is amended by striking ``section 402(g)(1)(A)'' and inserting ``section 402(g)(1)''. (c) 457 Plans.-- (1) In general.--Subparagraph (A) of section 457(b)(2) of such Code is amended by striking ``the applicable dollar amount'' and inserting ``$15,000''. (2) Inflation adjustment.--Section 457(e)(15) of such Code is amended to read as follows: ``(15) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2002, the Secretary shall adjust the $15,000 amount under subsection (b)(2)(A) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2001, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 4. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends and interest otherwise includible in gross income which are received during the taxable year by an individual. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 32(c)(5) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by inserting after clause (ii) the following new clause: ``(iii) interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (2) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (3) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (4) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (5) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (6) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (7) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (8) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends and interest received by individuals) and'' after ``For purposes of''. (9) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends and interest received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (10) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Investment Incentives Act of 2002 - Amends the Internal Revenue Code to: (1) increase from $1,500 to $10,000 ($3,000 to $20,000 on a joint return) the limitation on capital losses allowed against ordinary income; (2) make the increase to the $5,000 amount allowed as an annual retirement contribution deduction effective immediately, instead of starting in 2008; (3) exclude from gross income $500 ($1,000 on a joint return) of dividends and interest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Identity Protection Act of 2006''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Department of Veterans Affairs is responsible by law for safeguarding and holding confidential the records of the Department that contain personal identifying information about present and former members of the Armed Forces and their family members; and (2) it is the responsibility of the Department when such identifying information is lost or compromised due to the carelessness of the Department or its employees to assist those individuals whose identifying information is affected in mitigating any affect of that loss or compromise. SEC. 3. OFFICE OF IDENTITY PROTECTION IN DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--There is established within the Department of Veterans Affairs an Office of Identity Protection. The Office shall be administered by a Director who shall be appointed by the Secretary. (b) Purpose.--The purpose of the Office shall be-- (1) to prevent the loss or compromise of personal identifying information (including name, social security number, financial records, and health records) about present and former members of the Armed Forces and their family members that is required by section 5701 of title 38, United States Code, or any other provision of law to be held confidential and privileged and protected from disclosure except as authorized by law; and (2) to assist any person whose personal identifying information referred to in paragraph (1) is or may have been compromised by the Department or a Department employee in mitigating the effect of any such compromise. (c) Responsibilities.--The Secretary of Veterans Affairs, acting through the Office of Veterans Identity Protection, shall-- (1) whenever there is a loss or compromise of personal identifying information described in subsection (b)(1), notify each individual whose personal identifying information was lost or compromised of that loss or compromise; (2) contract with national credit reporting agencies to provide one credit report every six months for three years, without charge to the recipient, to any individual whose personal identifying information held by the Department of Veterans Affairs is or may have compromised due to the carelessness of the Department or its employees in violation of section 5701 of title 38, United States Code, or any other provision of law; (3) offer a 24-hour toll-free telephone number and a website for individuals described in paragraph (2) to provide them information regarding access to credit reporting services; (4) work in coordination with the Department of Defense and the Federal Trade Commission to ensure that active-duty military personnel, especially those deployed in combat zones, have access to credit reporting services; and (5) make available to present and former members of the Armed Forces and their family members, through internet web pages, outreach activities, and other appropriate means, information on possible fraudulent consumer credit or reporting services that may be aimed at present or former members of the Armed Forces. (d) Agencies to Be Notified.--The Office shall be responsible for ensuring that the Department of Justice and the Federal Trade Commission are notified immediately when the Department of Veterans Affairs knows or suspects that personal data in the records of the Department have been compromised. SEC. 4. INSPECTOR GENERAL REPORT ON DATA SECURITY PRACTICES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Study.--The Inspector General of the Department of Veterans Affairs shall conduct a study of the data security practices of the Department, including practices relating to access to personal identifying information held by the Department and the authorization process for removing such data from secure custody in the files of the Department. (b) Report.--Not later than six months after the date of the enactment of this Act, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report providing the results of the study under subsection (a). SEC. 5. CRIMINAL PENALTY. Any officer or employee of the Department of Veterans Affairs who, except as authorized by law or by the Secretary of Veterans Affairs, removes from the custody of the Department of Veterans Affairs any file, record, report, or document of the Department of Veterans Affairs that is subject to section 5701 of title 38, United States Code, shall be fined as provided in title 18, United States Code, or imprisoned not more than 2 years, or both.
Veterans Identity Protection Act of 2006 - Expresses the sense of Congress that it is the responsibility of the Department of Veterans Afffairs: (1) to safeguard Department records that contain personal identifying information about present and former members of the Armed Forces and their family members; and (2) when such information is lost or compromised due to the carelessness of the Department or one of its employees, to assist the affected individuals in mitigating the effects of such loss or compromise. Establishes within the Department an Office of Identity Protection to prevent such loss or compromise of information and to assist affected individuals. Directs the Department's Inspector General to conduct a study of Department data security practices. Provides criminal penalties for Department officers or employees who remove from Department custody any protected personnel file, record, report, or document.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Adelmann Manufactured Housing Community Sustainability Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) more than 17 million people live in manufactured homes, benefitting from high-quality affordable homes that can provide them stability; (2) owners of manufactured homes are disproportionately low-income households: in 2013, the median annual household income for those living in manufactured housing was $28,400; (3) about 75 percent of manufactured home households earn less than $50,000; (4) over 10 percent of United States veterans live in manufactured homes; (5) in the late 1990s, manufactured housing represented two-thirds of the new affordable housing produced in the United States, and it remains the largest source of unsubsidized affordable housing in the country; (6) as of 2015, the average cost per square foot for a new manufactured home was $48, less than half the $101 per square foot of the structure-only cost of a new site-built home; (7) in 2009, 43 percent of all new homes that sold for less than $150,000 were manufactured homes; (8) manufactured homes accounts for 23 percent of new home sales under $200,000; (9) more than 50,000 manufactured home communities, or ``mobile home parks'', exist throughout the United States; (10) more than 2.9 million manufactured homes are placed in manufactured home communities; (11) manufactured home communities provide critical affordable housing but receive very little local, State, or Federal funds subsidizing the cost of these homes; (12) manufactured home owners in communities may own the home, but they do not own the land under their homes, leaving them vulnerable to rent increases, arbitrary rule enforcement, and even closure of the community if the community owner decides to convert the land to some other use; (13) eviction or closure of manufactured home communities is very disruptive to residents who may be unable to pay the thousands of dollars it takes to move their home or even find a new location for their home; (14) in the past two decades, a national network of housing providers has helped residents purchase and own the land and manage the community in order to preserve a crucial source of affordable housing; (15) nationwide, there are more than 1,000 of these stable, permanent ownership cooperatives or nonprofit-owned developments in more than a dozen States; (16) members continue to own their own homes individually and an equal share of the land beneath the entire neighborhood where everyone has a say in the way the resident-owned community is run, and major decisions are made by democratic vote by a member-elected board of directors; (17) in New Hampshire, more than 20 percent of manufactured home communities are owned by residents; (18) in Vermont, Massachusetts, Rhode Island, Washington, Oregon, and Minnesota, resident-owned cooperatives and nonprofit ownership have flourished; (19) nationwide, only 2 percent of all manufactured home communities are resident- or nonprofit-owned; (20) owners are frequently reluctant to sell the community because they would prefer to pass the property on to their heirs tax free and avoid capital gains taxes; (21) when the owner dies, the heirs frequently sell the community to the highest bidder resulting in displacement for dozens and sometimes hundreds of families; and (22) a Federal tax benefit needs to be established to induce owners to sell to residents they have known for decades or to nonprofit organizations in order to preserve the community for years to come. SEC. 3. TAX CREDIT FOR MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR NONPROFIT ENTITY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR NONPROFIT ENTITY. ``(a) Allowance of Credit.--For purposes of section 38, the manufactured home community sale credit determined under this section for any taxable year is an amount equal to 75 percent of the qualified gain received by the taxpayer during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified gain.--The term `qualified gain' means gain from the sale or exchange of real property to a qualified manufactured home community cooperative or corporation if-- ``(A) the real property is acquired for use as a manufactured home community, and ``(B) the requirements of paragraph (2) are met. ``(2) Requirements.--The requirements of this paragraph are met if-- ``(A) the seller (or any related person) owned the property for not less than the 2-year period ending before the sale or exchange, and ``(B) the property is transferred subject to a binding covenant that the property will be used as a manufactured home community for not less than 50 years. ``(3) Manufactured home community.--The term `manufactured home community' means a community comprised primarily of manufactured homes used solely for residential purposes and owned by a manufactured home community cooperative or corporation. ``(4) Manufactured home community cooperative or corporation.-- ``(A) In general.--The term `qualified manufactured home community cooperative or corporation' means a cooperative or a nonprofit corporation established pursuant to the laws of the State in which the property used as a manufactured home community is located and which-- ``(i) in the case of a community owned by a nonprofit corporation whose membership interests are sold on a nonappreciating basis, has only one class of membership consisting of residents, and ``(ii) in the case of a community owned by a cooperative, has no more than two classes of membership, which includes both members and a tax-exempt organization actively engaged in supporting affordable housing and resident- owned manufactured home communities. ``(B) Governance.--An entity shall not be treated as a qualified manufactured home community cooperative or corporation for purposes of subparagraph (A) unless governance of the entity is carried out by members elected to a board of directors with voting structured equitably among all members. ``(C) Member.--The term `member' means-- ``(i) an individual-- ``(I) has attained the age of 18, ``(II) is entitled by reason of the individual's membership interest to execute an occupancy agreement with the manufactured home community cooperative nonprofit with respect to one site in the manufactured home community for the purposes of situating a manufactured home owned by the member or, as permitted by the manufactured community cooperative or corporation, the member's trust or other entity, and ``(III) is a resident of the manufactured home community, and ``(ii) a tax exempt organization. ``(5) Membership interest.--The term `membership interest' means an ownership interest in a manufactured home community cooperative or corporation or a membership interest in a manufactured home community nonprofit corporation. ``(6) Manufactured home.--The term `manufactured home' means a structure, transportable in one or more sections, which-- ``(A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, ``(B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, and electrical heating systems, and ``(C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426) by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. ``(c) Special Rules.-- ``(1) Related person.--For purposes of subsection (b)(2)(A), a person (hereafter in this subparagraph referred to as the `related person') is related to the seller if-- ``(A) the related person bears a relationship to the seller specified in section 267(b) or 707(b)(1), or ``(B) the related person and the seller are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). ``(2) Election by both seller and buyer.--The credit is allowable under this section only if-- ``(A) elected by both the seller and the buyer of the real property and evidenced by an affidavit executed by both parties, and ``(B) the buyer of the real property records the affidavit and the affidavit is referenced in its deed to the real property. The seller shall elect the credit under this section on its return of tax. ``(d) Tax Upon Violation of Covenant.--There is imposed a tax on the buyer for a violation of the covenant specified in subsection (b)(2)(B). The amount of such tax shall be 20 percent of the net proceeds after settlement for the sale or exchange of the real property referred to in subsection (b)(2). For purposes of section 501(a), the tax imposed by this subsection shall not be treated as a tax imposed by this subtitle. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including the recapture of the tax benefit under this section in any case in which the real property described in subsection (b) is not used as a manufactured home community for at least 50 years.''. (b) Credit Allowed as 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 manufactured home community sale credit determined under section 45S(a).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the manufactured home community sale credit determined under section 45S(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Manufactured home community sale to residents or nonprofit entity.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.
Frank Adelmann Manufactured Housing Community Sustainability Act This bill amends the Internal Revenue Code to allow a business-related tax credit equal to 75% of the gain from the sale or exchange of real property to a qualified manufactured home community cooperative or corporation if: (1) the property is acquired for use as a manufactured home community, (2) the seller (or any related person) owned the property for at least two years before the sale or exchange, and (3) the property is transferred subject to a binding covenant that the property will be used as a manufactured home community for at least 50 years. A "qualified manufactured home community cooperative or corporation" is a cooperative or a nonprofit corporation established pursuant to the laws of the state in which the property is located. The bill specifies membership and governance requirements for the communities owned by the cooperative or nonprofit corporation. The bill also imposes a tax on buyers who violate the covenant to use the property for manufactured housing for at least 50 years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Contracting and Federal Lands Management Demonstration Project Act''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Federal lands.--The term ``Federal lands'' means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given such term by section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PURPOSES. (a) In General.--The purposes of this Act are-- (1) to expand the provisions of the Indian Self Determination and Education Assistance Act, as amended (25 U.S.C. 450 et seq.), in order to expand Native employment and income through greater contracting opportunities with the Federal Government; (2) to encourage Native contracting on Federal lands for purposes of benefiting from the knowledge and expertise of Native people in order to promote innovative management strategies on Federal lands that will lead to greater sensitivity toward, and respect for, Native American religious beliefs and sacred sites; (3) to better accommodate access to and ceremonial use of Indian sacred lands by Indian religious practitioners; and (4) to prevent significant damage to Indian sacred lands. SEC. 4. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. (a) In General.--The Indian Self Determination and Education Assistance Act is amended by adding a new subsection as follows: ``SEC. --. NATIVE AMERICAN FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. ``(a) In General.--The Secretary of the Interior shall establish the `Native American Federal Lands Management Demonstration Project' to enter contracts with Indian tribes or tribal organizations to perform functions including, but not limited to, archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes. ``(b) Participation.--During each of the 2 fiscal years immediately following the date of the enactment, the Secretary shall select not less than 12 eligible Indian tribes or tribal organizations to participate in the demonstration project. ``(c) Eligibility.--To be eligible to participate in the demonstration project, an Indian tribe or tribal organization, shall-- ``(1) request participation by resolution or other official action of the governing body of the Indian tribe or tribal organization; ``(2) demonstrate financial and management stability and capability, as evidenced by the Indian tribe or tribal organization having no unresolved significant and material audit exceptions for the previous 3 fiscal years; and (3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract. ``(d) Planning Phase.--Each Indian tribe and tribal organization selected by the Secretary to participate in the demonstration project shall complete a planning phase prior to negotiating and entering into a conservation system unit management contract. The planning phase shall be conducted to the satisfaction of the Indian tribe or tribal organization and shall include-- ``(1) legal and budgetary research; and ``(2) internal tribal planning and organizational preparation. ``(e) Contracts.-- ``(1) In general.--Upon request of a participating Indian tribe or tribal organization that has completed the planning phase pursuant to subsection (e), the Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization for the Indian tribe or tribal organization to plan, conduct, and administer programs, services, functions, and activities, or portions thereof, requested by the Indian tribe or tribal organization and related to archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes. ``(2) Time limitation for negotiation of contracts.--Not later than 90 days after a participating Indian tribe or tribal organization has notified the Secretary that it has completed the planning phase required by subsection (e), the Secretary shall initiate and conclude negotiations, unless an alternative negotiation and implementation schedule is otherwise agreed to by the parties. The declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts and agreements requested and negotiated under this Act. ``(f) Contract Administration.-- ``(1) Inclusion of certain terms.--At the request of the contracting Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act may be included in a contract entered into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated, they shall have the same force and effect as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. ``(2) Audit.--Contracts entered into under this Act shall provide for a single-agency audit report to be filed as required by chapter 75 of title 31, United States Code. ``(3) Transfer of employees.--Any career Federal employee employed at the time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by reason of such transfer. Intergovernmental personnel actions may be used to transfer supervision of such employees to the contracting Indian tribe or tribal organization. Such transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment lists, directives, rules, regulations, or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies. ``(g) Available Funding; Payment.--Under the terms of a contract negotiated pursuant to subsection (f), the Secretary shall provide each Indian tribe or tribal organization funds in an amount not less than the Secretary would have otherwise provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to the tribal organizations in the form of annual or semiannual installments. ``(h) Timing; Contract Authorization Period.--An Indian tribe or tribal organization selected to participate in the demonstration project shall complete the planning phase required by subsection (c) not later than 1 calendar year after the date that it was selected for participation and may begin implementation of its requested contract no later than the first day of the next fiscal year. The Indian tribe or tribal organization and the Secretary may agree to an alternate implementation schedule. Contracts entered into pursuant to this Act are authorized to remain in effect for 5 consecutive fiscal years, starting from the fiscal year the participating Indian tribe or tribal organization first entered into its contract under this Act. ``(i) Report.--Not later than 90 days after the close of each of fiscal years 2003 and 2006, the Secretary shall present to the Congress detailed reports, including a narrative, findings, and conclusions on the costs and benefits of this demonstration project. ``(j) Planning Grants.-- ``(1) In general.--Subject to the availability of appropriated funds, upon application the Secretary shall award a planning grant in the amount of $100,000 to any Indian tribe or tribal organization selected for participation in the demonstration project to enable it to plan for the contracting of programs, functions, services, and activities as authorized under this Act and meet the planning phase requirement of subsection (e). An Indian tribe or tribal organization may choose to meet the planning phase requirement without applying for a grant under this subsection. No Indian tribe or tribal organization may receive more than 1 grant under this subsection. ``(2) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary for each of the 2 fiscal years immediately following the date of the enactment of this Act to fund planning grants under this section.''. SEC. 5. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION DEVELOPMENT. (a) In General.--Section 7 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) is amended by adding at the end thereof the following new subsection (d): ``(d) Fostering Tribal Procurement Contracting and Reservation Development.-- ``(1) Upon the request and application of an Indian tribe to provide certain services or deliverables which the Secretary of the Interior would otherwise procure from a private sector entity, and absent a request to contract those services or deliverables pursuant to section 102 of this Act (25 U.S.C. 450f) made by the tribe or tribes to be directly benefited by said services or deliverables, the Secretary of the Interior shall contract for such services or deliverables through the applicant Indian tribe pursuant to section 102 of this Act (25 U.S.C. 450f). ``(2) Subsection (1) shall not apply unless the applicant tribe provides assurances to the Secretary that the principal beneficiary of the contracted services remains the tribe or tribes originally intended to benefit from the services or deliverables. For purposes of this subsection, the contracting tribe shall enjoy no less than the same rights and privileges under this Act as would the beneficiary tribe if the beneficiary tribe exercised its rights to contract under section 102 of this Act. If at any time the beneficiary tribe (or tribes) seeks to contract services being provided by the contracting tribe, the beneficiary tribe (or tribes) shall give the contracting tribe and the Secretary of the Interior no less than 180 days' notice.''.
Native American Contracting and Federal Lands Management Demonstration Project Act - Amends the Indian Self Determination and Education Assistance Act to direct the Secretary of the Interior to establish the Native American Federal Lands Management Demonstration Project.Requires the project to contract with at least 12 Indian tribes or tribal organizations to perform archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes.Sets forth criteria for participation, including demonstrated financial and management stability and capability and significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract.Makes funding available for planning grants.Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary to contract with an applying Indian tribe for the provision of certain services or deliverables that would otherwise be procured from the private sector and for which the tribe to be benefitted by such services or deliverables has not exercised its right to contract.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``To Research, Evaluate, Assess, and Treat Astronauts Act'' or the ``TREAT Astronauts Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Human space exploration can pose significant challenges and is full of substantial risk, which has ultimately claimed the lives of 24 National Aeronautics and Space Administration astronauts serving in the line of duty. (2) As United States government astronauts participate in long-duration and exploration spaceflight missions they may experience increased health risks, such as vision impairment, bone demineralization, and behavioral health and performance risks, and may be exposed to galactic cosmic radiation. Exposure to high levels of radiation and microgravity can result in acute and long-term health consequences that can increase the risk of cancer and tissue degeneration and have potential effects on the musculoskeletal system, central nervous system, cardiovascular system, immune function, and vision. (3) To advance the goal of long-duration and exploration spaceflight missions, United States government astronaut Scott Kelly participated in a 1-year twins study in space while his identical twin brother, former United States government astronaut Mark Kelly, acted as a human control specimen on Earth, providing an understanding of the physical, behavioral, microbiological, and molecular reaction of the human body to an extended period of time in space. (4) Since the Administration currently provides medical monitoring, diagnosis, and treatment for United States government astronauts during their active employment, given the unknown long-term health consequences of long-duration space exploration, the Administration has requested statutory authority from Congress to provide medical monitoring, diagnosis, and treatment to former United States government astronauts for psychological and medical conditions associated with human space flight. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should continue to seek the unknown and lead the world in space exploration and scientific discovery as the Administration prepares for long-duration and exploration spaceflight in deep space and an eventual mission to Mars; (2) data relating to the health of astronauts will become increasingly valuable to improving our understanding of many diseases humans face on Earth; (3) the Administration should provide the type of monitoring, diagnosis, and treatment described in subsection (a) only for conditions the Administration considers unique to the training or exposure to the spaceflight environment of United States government astronauts and should not require any former United States government astronauts to participate in the Administration's monitoring; (4) such monitoring, diagnosis, and treatment should not replace a former United States government astronaut's private health insurance; (5) expanded data acquired from such monitoring, diagnosis, and treatment should be used to tailor treatment, inform the requirements for new spaceflight medical hardware, and develop controls in order to prevent disease occurrence in the astronaut corps; and (6) the 340-day space mission of Scott Kelly aboard the ISS-- (A) was pivotal for the goal of the United States for humans to explore deep space and Mars as the mission generated new insight into how the human body adjusts to weightlessness, isolation, radiation, and the stress of long-duration space flight; and (B) will help support the physical and mental well- being of astronauts during longer space exploration missions in the future. SEC. 3. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN SPACE FLIGHT. (a) In General.--Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following: ``Sec. 20148. Medical monitoring and research relating to human space flight ``(a) In General.--Notwithstanding any other provision of law, the Administrator may provide for the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight, and may provide for the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. ``(b) Requirements.-- ``(1) No cost sharing.--The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation. ``(2) Access to local services.--The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator. ``(3) Secondary payment.--Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a). ``(4) Conditional payment.--The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if-- ``(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and ``(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment. ``(c) Exclusions.--The Administrator may not-- ``(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight; ``(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or ``(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a). ``(d) Privacy.--Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration. ``(e) Regulations.--The Administrator shall promulgate such regulations as are necessary to carry out this section. ``(f) Definition of United States Government Astronaut.--In this section, the term `United States government astronaut' has the meaning given the term `government astronaut' in section 50902, except it does not include an individual who is an international partner astronaut. ``(g) Data Use and Disclosure.--The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.''. (b) Clerical Amendment.--The table of contents for chapter 201 of title 51, United States Code is amended by inserting after the item relating to section 20147 the following: ``20148. Medical monitoring and research relating to human space flight''. (c) Annual Reports.-- (1) In general.--Each fiscal year, not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code, the Administrator of the National Aeronautics and Space Administration shall publish a report, in accordance with applicable Federal privacy laws, on the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). (2) Contents.--Each report under paragraph (1) shall include a detailed cost accounting of the Administration's activities under such section 20148 of title 51, United States Code, and a 5-year budget estimate. (3) Submission to congress.--The Administrator shall submit to the appropriate committees of Congress each report under paragraph (1) not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code. (d) Cost Estimate.-- (1) Requirement.--Not later than 90 days after the date of enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall enter into an arrangement with an independent external organization to undertake an independent cost estimate of the cost to the National Aeronautics and Space Administration and the Federal Government to implement and administer the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). The independent external organization may not be an entity of the National Aeronautics and Space Administration, such as the Office of Safety and Mission Assurance. (2) Submittal to congress.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit the independent cost estimate undertaken pursuant to paragraph (1) to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (e) Privacy Study.-- (1) Study.--The Administrator of the National Aeronautics and Space Administration shall carry out a study on any potential privacy or legal issues related to the possible sharing beyond the Federal Government of data acquired under the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). (2) Report.--Not later than 270 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study carried out under paragraph (1). (f) Inspector General Audit.--The Inspector General of the National Aeronautics and Space Administration shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). Passed the House of Representatives December 7, 2016. Attest: KAREN L. HAAS, Clerk.
To Research, Evaluate, Assess, and Treat Astronauts Act or the TREAT Astronauts Act (Sec. 3) This bill authorizes the National Aeronautics and Space Administration (NASA) to provide for: the medical monitoring and diagnosis of a former U.S. government astronaut or former payload specialist for conditions that NASA considers potentially associated with human space flight; and the treatment of such an astronaut or payload specialist for conditions that NASA considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. The bill requires that such medical monitoring, diagnosis, or treatment shall be provided without any deductible, copayment, or other cost sharing obligation. NASA may not require such an astronaut or payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized by this bill. NASA shall protect the privacy of all medical records generated with respect to such medical monitoring, diagnosis, and treatment and accessible to NASA. The term "government astronaut" does not include individuals who are international partner astronauts. NASA shall arrange with an independent external organization to undertake an independent cost estimate of the cost to NASA and the federal government for the implementation and administration of the activities of NASA under this bill. NASA shall study any potential privacy or legal issues related to the possible sharing beyond the federal government of data acquired under the activities of NASA. The NASA Inspector General shall periodically audit or review NASA's activities to prevent waste, fraud, and abuse.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fannie Mae and Freddie Mac Investigative Commission Act''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Commission'' means the Fannie Mae and Freddie Mac Investigative Commission established under section 3. (2) The term ``Fannie Mae'' means the Federal National Mortgage Corporation. (3) The term ``Freddie Mac'' means the Federal Home Loan Mortgage Corporation. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Fannie Mae and Freddie Mac Investigative Commission''. SEC. 4. DUTY OF THE COMMISSION. (a) In General.--The Commission shall investigate, determine, and make recommendations to Congress with respect to the policies, practices, and board decisions of Fannie Mae and Freddie Mac subsequent to the actions of the Resolution Trust Corporation during the late 1980s and from the 1990s through the present that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises. (b) Specific Topics.--In carrying out its duty under subsection (a), the Commission shall address and analyze, by year, beginning in 1990 and through the present, the following: (1) The appropriate role of Fannie Mae and Freddie Mac in expanding homeownership and the appropriate role in helping the housing market recover nationwide. (2) Fannie Mae and Freddie Mac's involvement, if any, in the development of faulty risk standards and accounting practices and the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises. (3) The role of the boards of directors of Fannie Mae and Freddie Mac in developing and voting for the investment, accounting, and contracting policies of such enterprises, particularly as they relate to risk assessments, subprime mortgages, and the international securitization of mortgages. (4) Any board members, working committees, or executive officers responsible for making the decisions to adapt or change risk assessments or grow Fannie Mae and Freddie Mac's portfolios of subprime mortgage loans, a summary of actual board votes on the same, and the process that led to such decisions. (5) The decisions of the boards or executive officers of Fannie Mae and Freddie Mac that contributed or may have contributed to the overvaluation of risky mortgage investments in the stock market and, later, to the growth of the subprime mortgage industry. (6) The annual compensation, including all forms of compensation, stock options, and other financial benefits accrued to each of Fannie Mae and Freddie Mac's executive officers and members of the boards of directors. (7) Such other matters that the Congress may place before the Commission. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 8 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) Two members appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) Two members appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be individuals who are of recognized standing and distinction in the areas of banking, securities and finance regulation, consumer advocacy and fair housing programs, and the mortgage industry. (3) Conflict of interest.--Members of the Commission shall not have a conflict of interest that is relevant to any matter the Commission is required to investigate under section 4. (4) Deadline for appointment.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (5) Chairperson.--The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of appointment. (b) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission shall-- (A) not affect the power of the remaining members to execute the duty of the Commission; and (B) be filled in the manner in which the original appointment was made. (c) Compensation.-- (1) Rates of pay; travel expenses.--Each member shall serve without pay, except that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (2) Prohibition of compensation of federal employees.-- Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission. (d) Meeting Requirements.-- (1) Frequency.-- (A) Quarterly meetings.--The Commission shall meet at least quarterly. (B) Additional meetings.--In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (3) Meeting by telephone or other appropriate technology.-- Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.-- (1) Appointment.--The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission. (2) Credentials.--The Director shall have experience in the areas of banking, securities and finance regulation, consumer advocacy and fair housing programs, and the mortgage industry. (3) Salary.--The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that such rate may not exceed the rate of basic pay for GS-15 of the General Schedule. (b) Staff.--With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate. (c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duty under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at such times and such places, take testimony, and receive evidence as the Commission considers appropriate. (b) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Issuance and signature.--Subpoenas issued under paragraph (1) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (3) Enforcement.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (c) 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 under this Act. (d) 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 its duty under this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (e) Physical Facilities and Equipment.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis. (f) Administrative Support Services.--Upon request of the Commission, the Architect of the Capitol and the Administrator of the General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its duty under this Act. (g) Bylaws, Rules, and Regulations.--The Commission may adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its duties. (h) Commission Records.--The Commission shall keep accurate and complete records of its doings and transactions which shall be made available for public inspection, and for the purpose of audit and examination by the Comptroller General or his designee. SEC. 8. INFORMATION FROM FREDDIE MAC, FANNIE MAE, AND THE FHFA. (a) Enterprises.--Fannie Mae and Freddie Mac shall provide full and prompt access to the Commission to any books, records, and other information requested for the purposes of carrying out its duty under this Act. (b) FHFA.--Upon request of the Commission, the Director of the Federal Housing Finance Agency shall provide access to any information necessary to assist the Commission in carrying out its duty under this Act. SEC. 9. REPORT. Not later than 12 months after the date on which all initial members are appointed, the Commission shall submit to Congress a final report containing a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary for fiscal year 2011 to carry out this Act. SEC. 11. TERMINATION. The Commission shall terminate following the submission and presentation of its final report and recommendations under section 9, but not later than 30 days after such submission and presentation.
Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Fannie Mae and Freddie Mac Investigative Commission to investigate and make recommendations to Congress regarding certain decisions of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (enterprises) that led to financial instability and federal conservatorship. Requires the Commission to analyze specified topics, including: (1) the role of the enterprises in expanding homeownership and in helping housing market recovery; (2) enterprise involvement in the development of faulty risk standards, accounting practices, and the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises; (3) the role of the respective boards of directors in voting for the policies relating to risk assessments, subprime mortgages, and the international securitization of mortgages; and (4) compensation, stock options, and financial benefits that accrued to executive officers and members of the boards of directors. Requires the enterprises and the Director of the Federal Housing Finance Agency to grant the Commission access to requested records and information.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Improvement Act of 2005''. SEC. 2. NATIONAL PREFERRED LENDERS PROGRAM. Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended by adding at the end the following: ``(E) National preferred lenders program.-- ``(i) Establishment.--There is established the National Preferred Lenders Program in the Preferred Lenders Program operated by the Administration, in which a participant may operate as a preferred lender in any State if such lender meets appropriate eligibility criteria established by the Administration. ``(ii) Terms and conditions.--An applicant shall be approved under the following terms and conditions: ``(I) Term.--Each participant approved under this subparagraph shall be eligible to make loans for not more than 2 years under the program established under this subparagraph. ``(II) Renewal.--At the expiration of the term described in subclause (I), the authority of a participant to make loans for the program established under this subparagraph may be renewed based on a review of performance during the previous term. ``(III) Effect of failure.--Failure to meet the criteria under this subparagraph shall not affect the eligibility of a participant to continue as a preferred lender in a State or district in which the participant is in good standing. ``(iii) Implementation.-- ``(I) Regulations.--As soon as is practicable, the Administrator shall promulgate regulations to implement the program established under this subparagraph. ``(II) Program implementation.--Not later than 120 days after the date of enactment of this subparagraph, the Administrator shall implement the program established under this subparagraph.''. SEC. 3. MAXIMUM LOAN AMOUNT. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000)'' and inserting ``$2,250,000 (or if the gross loan amount would exceed $3,000,000)''. SEC. 4. SECTION 7(A) AUTHORIZATION FOR FISCAL YEAR 2006. Section 20(e)(1)(B)(i) of the Small Business Act (15 U.S.C. 631 note) is amended by striking ``$17,000,000,000'' and inserting ``$18,000,000,000''. SEC. 5. ALTERNATIVE SIZE STANDARD. Section 3(a)(3) of the Small Business Act (15 U.S.C. 632(a)(3)) is amended-- (1) by striking ``When establishing'' and inserting the following: ``Establishment of Size Standards.-- ``(A) In general.--When establishing''; and (2) by adding at the end the following: ``(B) Alternative size standard.-- ``(i) In general.--Not later than 180 days after the date of enactment of this subparagraph, the Administrator shall establish an alternative size standard under paragraph (2), that shall be applicable to loan applicants under section 7(a) or under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.). ``(ii) Criteria.--The alternative size standard established under clause (i) shall utilize the maximum net worth and maximum net income of the prospective borrower as an alternative to the use of industry standards. ``(iii) Interim rule.--Until the Administrator establishes an alternative size standard under clause (i), the Administrator shall use the alternative size standard in section 121.301(b) of title 13, Code of Federal Regulations, for loan applicants under section 7(a) or under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).''.
Small Business Lending Improvement Act of 2005 - Amends the Small Business Act to establish within the current Preferred Lenders Program operated by the Small Business Administration (SBA) the National Preferred Lenders Program, under which a participant may operate as a preferred lender in any state if the lender meets eligibility criteria established by the SBA. Allows each approved participant to make loans for up to two years under the program. Increases: (1) to up to $3 million the maximum authorized SBA gross loan amount for small businesses; and (2) the FY2006 authorization of appropriations to the SBA for such loans. Directs the SBA Administrator to establish an alternative size standard (measuring the size of a business for purposes of eligibility for small business loans) utilizing the maximum net worth and net income of the prospective borrower as an alternative to the use of industry standards. Requires, in the interim, the use of an alternative size standard regulation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaiian Waters Chemical Munitions Safety Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Until 1970 the United States Armed Forces routinely dumped military chemical munitions in ocean waters. (2) According to the report entitled ``Off-Shore Disposal of Chemical Agents and Weapons Conducted by the United States'', which was prepared by the Army's Historical Research and Response Team in 2001, chemical munitions were dumped at a minimum of three locations near the Hawaiian Islands, and the weapons disposed of at these sites included 1,100 one-thousand pound cyanogen chloride bombs, 20 one-thousand pound hydrogen cyanide bombs, 125 five-hundred pound cyanogen chloride bombs, 15,000 one-hundred-and-fifteen pound mustard gas bombs, 31,000 mustard gas-filled mortar shells, 1,000 one-ton containers of mustard gas agent, 190 one-ton containers of lewisite agent, 16,000 one-hundred pound mustard gas bombs, and 4,220 tons of various ordinance filled with hydrogen cyanide. (3) The report also specified that chemical munitions were dumped off the coasts of Alabama, Alaska, California, Florida, Louisiana, Mississippi, New Jersey, North Carolina, South Carolina, and Virginia. (4) The lack of research into the effect of long-term seawater exposure on chemical munitions and the potential risks to the public and the environment has created significant public concern in Hawaii, especially among communities near coastal military facilities and military munitions disposal areas. (5) The dumping of chemical munitions in the ocean is now prohibited by the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.). (6) The United States is a signatory of both the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, with annexes, done at Washington, London, Mexico City, and Moscow December 29, 1972, and entered into force August 30, 1975 (26 UST 2403) and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''). SEC. 3. RESPONSE TO DISPOSAL OF CHEMICAL MUNITIONS WITHIN HAWAIIAN WATERS. (a) Survey and Identification of Disposal Sites.-- (1) Survey required.--The Secretary of the Army shall conduct a survey of all underwater sites within 12 miles of the Hawaiian Islands where chemical munitions are known or believed to have been disposed of by the Armed Forces between 1941 and 1972. (2) Survey purpose.--The purpose of the survey is to characterize the location and size of the disposal sites, the types and numbers of chemical munitions at the sites, and the condition of chemical munitions at the sites. (3) Report required.--Not later than September 30, 2009, the Secretary of the Army shall submit to Congress a report containing the results of the survey. (b) Identification of Navigational Hazards.--The Secretary of the Army shall cooperate with the Secretary of Commerce to ensure that nautical charts and other navigation materials for Hawaiian coastal waters include hazards to private activities and commercial shipping or fishing operations identified as a result of the survey conducted under subsection (a). (c) Monitoring.-- (1) Monitoring required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall implement the appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from the disposal sites covered by the survey. (2) Elements.--The monitoring regime shall include appropriate sampling, testing, and evaluation of Hawaiian coastal waters for signs of contamination from chemical munitions that may pose a risk to public health and the marine environment. (d) Research.--The Secretary of the Army, acting through the Office of the Assistant Secretary of the Army for Installations and Environment, shall establish a program to conduct research and provide research grants for the purpose of studying the long-term effects of seawater exposure on chemical munitions, potential public health risks associated with ocean disposal of chemical munitions, and the environmental impact of the ocean disposal of chemical munitions. (e) Remediation.-- (1) Report required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall submit to Congress a report containing the following: (A) An analysis of the feasibility of implementing multiple remediation measures at the disposal sites covered by the survey. (B) Cost estimates for such remediation measures. (C) An analysis of the public health and environmental safety risks of the disposal sites. (2) Special considerations.--The feasibility analysis required by paragraph (1)(A) shall take into account the cost of remediation measures, the public health and environmental damage risk of remediation measures, and the risk to personnel engaged in remediation measures. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Hawaiian Waters Chemical Munitions Safety Act of 2006 - Directs the Secretary of the Army to: (1) conduct a survey of all Hawaiian underwater sites where chemical munitions are known to have been disposed of by the Armed Forces between 1941 and 1972; and (2) identify on Hawaiian coastal nautical charts and other navigational materials navigational hazards to private activities and commercial shipping or fishing operations as identified in the survey. Requires the Secretary to implement appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from such disposal sites. Directs the Secretary to establish a program to conduct research and provide research grants to study the long-term effects of seawater exposure on chemical munitions, including the potential public health risks associated with, and the environmental impact of, ocean disposal of chemical munitions. Requires the Secretary to report to Congress on the feasibility and cost of implementing multiple remediation measures at the disposal sites covered by the survey, including an analysis of the public health and environmental safety risks of such sites.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambassador's Fund for Strategic Exchanges Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States has a strategic national interest in improving its image around the world, given the historically low levels of public opinion toward the United States in many countries. (2) International exchange programs have been proven to be one of the most beneficial and cost-effective means by which to promote mutual understanding between citizens of the United States and citizens of other countries and to advance United States national interests through closer working partnerships with leaders around the world. (3) Prominent world leaders during recent decades, such as Tony Blair and Anwar Sadat, have deepened their friendship and openness to the United States through international exchanges, and many persons who previously had highly anti-American opinions have changed their views after participating in exchange programs organized by the United States Government. (4) United States exchange programs, such as the International Visitors Program, make a tremendous impact in the lives of those individuals who participate and consistently are ranked by public diplomacy experts as some of the most effective public diplomacy programs. (5) The International Visitors Program of the United States Department of State organizes exchange programs for anticipated future leaders in their countries who travel to the United States for programs generally of three weeks, and it produces very positive results among its target audience. (6) Another key target audience for United States exchanges is not addressed by the International Visitors Program; this group includes current political, economic, and civil society leaders, often from less privileged backgrounds, who have not traveled to the United States previously. (7) Such persons currently in leadership positions in their countries are often unable to leave their jobs for a period of three weeks, given the press of their responsibilities, and United States embassies administering exchange programs not infrequently find that identified candidates for International Visitor Program exchanges decline participation because of this fact. (8) A number of United States embassies, including the embassy in Baghdad, Iraq, have piloted country-specific, embassy-initiated exchange programs targeted to such groups of current leaders who have never traveled to the United States. These programs generally last from 5-7 program days and bring together 8-10 participants from a country who work on similar issues but have not worked with each other before. Some of these programs have been coordinated with the Voluntary Visitors Division of the International Visitors Office in the Bureau of Educational and Cultural Affairs of the Department of State. (9) Such programs have proven highly effective in having an immediate impact on current leaders working in key sectors and in helping advance United States interests such as greater democratization, observance of human rights, economic reform and poverty alleviation, empowerment of women and girls, and improved cooperation with the United States in confronting threats from organized crime, narco-trafficking, and terrorist groups. These programs also promote greater cooperation across sectors, agencies, and regions within a country, given the shared experience the exchange visitors have together during their trip to the United States. (10) A key element of the success of these pilot exchanges is that they are conceived and developed in individual embassies overseas, keyed to specific interests of the United States in each country. (11) However, these pilot exchanges currently have not been replicated widely within the Department of State, being confined to only a few United States embassies around the world, because there are no Department-wide programmatic guidelines or central funding for these exchange programs. SEC. 3. AMBASSADOR'S FUND FOR STRATEGIC EXCHANGES. (a) In General.--The Secretary of State shall establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs a program to conduct public diplomacy exchanges, to be known as the ``Ambassador's Fund for Strategic Exchanges'', to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance key United States strategic goals. (b) Coordination.--Under the program established pursuant to subsection (a), each United States embassy and the Office of International Visitors shall coordinate to develop the short-term exchange visits described in such subsection. (c) Number and Duration.--The short-term exchange visits shall be for groups of up to between eight and ten participants, and shall be for visits of five to eight days. (d) Areas of Focus.--The key United States strategic goals referred to in subsection (a) may include the following, as determined by the individual United States embassy and the Office of International Visitors: (1) Strengthening democracy and human rights. (2) Advancing the rule of law. (3) Strengthening cooperation in the fight against terrorism, organized crime, and drug trafficking. (4) Reducing poverty and promoting economic reform. (5) Empowering women and girls. (6) Broadening political and economic participation to include traditionally excluded groups. (7) Other embassy and Office of International Visitors- identified priority purposes. (e) Selection.--The Bureau of Educational and Cultural Affairs shall solicit proposals from United States embassies for short-term exchange visits and select among them on a competitive basis. (f) Cost-sharing and Funding.-- (1) In general.--In accordance with paragraphs (2) and (3), as appropriate, the Bureau of Educational and Cultural Affairs and the United States embassies shall engage in cost-sharing in carrying out the short-term exchange visits. (2) Bureau of educational and cultural affairs.--From amounts authorized to be appropriated to carry out this Act pursuant to section 4 and from amounts made available for the regular program budget of the Voluntary Visitors Division, such sums as may be necessary are authorized to be appropriated to the Bureau of Educational and Cultural Affairs to carry out the short-term exchange visits. Such visits shall be treated in the same manner as Voluntary Visitor trips are treated. (3) United states embassies.-- (A) In general.--From amounts authorized to be appropriated to carry out this Act and from amounts made available for the public diplomacy budgets of United States embassies, such sums as may be necessary are authorized to be appropriated to such embassies to carry out the short-term exchange visits. Allowable expenses associated with such visits include airfares, pre-departure expenses, and such other expenses as are needed to allow individuals to travel to the United States to participate in such visits. (B) Rule of construction.--Nothing in this section may be construed as imposing any restrictions, such as restrictions included in the Foreign Affairs Manual of the Department of State, on the ability of United States embassies to pay for airfares of individuals participating in the short-term exchange visits. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this Act. (b) Additional Amounts.--In addition to amounts authorized to be appropriated pursuant to subsection (a), there are authorized to be appropriated $1,500,000 to the International Visitors Program for Professional and Cultural Exchanges for short-term exchange visits conducted under the auspices of the Ambassador's Fund for Strategic Exchanges. Such amounts shall be administered by the Bureau of Educational and Cultural Affairs.
Ambassador's Fund for Strategic Exchanges Act of 2009 - Directs the Secretary of State to establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs the Ambassador's Fund for Strategic Exchanges to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance U.S. strategic goals. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``After School for America's Children Act of 2012''. SEC. 2. PURPOSE; DEFINITIONS. Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``, such as reading and mathematics''; (B) in paragraph (2)-- (i) by inserting ``service learning, nutrition and health education,'' before ``drug and''; (ii) by striking ``and character education programs,'' and inserting ``social and emotional learning programming, character education programs, and physical fitness and wellness programs,''; and (C) by striking paragraph (3) and inserting the following: ``(3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children's education, including opportunities for literacy and related educational development.''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking subparagraph (A) and inserting the following: ``(A) assists students in meeting State and local academic achievement standards in core academic subjects by providing the students with academic and enrichment activities and a broad array of other activities (such as drug and violence prevention, physical education, wellness education, art, music, counseling, and technology programs) during nonschool hours or periods when school is not in session (such as before or after school or during summer recess) that-- ``(i) reinforce and complement the regular academic programs of the schools attended by the students served; and ``(ii) are targeted to the students' academic needs and aligned with the instruction students receive during the school day; and''; and (ii) in subparagraph (B), by inserting ``and opportunities for active and meaningful engagement in their children's education'' before the period at the end; (B) by redesignating paragraph (4) as paragraph (7); and (C) be redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (D) by inserting after paragraph (1) the following: ``(2) Social and emotional learning.--The term `social and emotional learning' means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency including-- ``(A) self-awareness and self management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organization skills; ``(B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help-seeking; and ``(C) decision-making skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection, and social and ethical responsibility. ``(3) Social and emotional learning programming.--The term `social and emotional learning programming' refers to classroom instruction and schoolwide activities and initiatives that-- ``(A) integrate social and emotional learning into school curriculum; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''; (E) in paragraph (5) (as so redesignated), by inserting ``Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self- Determination and Education Act (25 U.S.C. 450b)),'' after ``community-based organization,''; and (F) by inserting after paragraph (5) the following: ``(6) External organizations.--The term `external organization' means a nonprofit organization with a record of success in running or working with after school programs.''. SEC. 3. ALLOTMENTS TO STATES. Section 4202(c) of such Act (20 U.S.C. 7172(c)) is amended-- (1) in paragraph (1), by striking ``95 percent'' and inserting ``93 percent''; (2) in paragraph (2)-- (A) in subparagraph (B), by inserting ``rigorous'' before ``peer review''; and (B) by striking ``supervising the'' and inserting the following: ``(C) supervising the''; and (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``3 percent'' and inserting ``5 percent''; and (B) by adding at the end the following: ``(E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the afterschool program with State academic standards. ``(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. ``(G) Working with teachers, principals, parents, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs. ``(H) Coordinating funds received under this program with other Federal and State funds to implement high-quality programs. ``(I) Providing a list of prescreened external organizations, as described in section 4203(a)(12).''. SEC. 4. STATE APPLICATION. (a) In General.--Section 4203(a) of such Act (20 U.S.C. 7173(a)) is amended-- (1) in paragraph (6), by inserting ``and coordinating professional development for staff in specific content areas as well as youth development'' before the semicolon at the end; (2) in paragraph (11)-- (A) by striking ``provides an assurance'' and inserting the following: ``provides-- ``(A) An assurance''; (B) by striking ``and representatives of teachers'' and all that follows through ``organizations;'' and inserting ``statewide after school networks (where applicable), representatives of teachers, local educational agencies, and community-based organizations; and''; and (C) by adding at the end the following: ``(B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable;''; (3) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; (4) by inserting after paragraph (12) the following: ``(13) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this section, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; and''; and (5) in paragraph (14) (as redesignated by paragraph (3))-- (A) in subparagraph (A), by striking ``activities; and'' at the end and insert the following: ``activities, with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that-- ``(i) are able to track student success and improvement over time; and ``(ii) include State assessment results and other indicators of students success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level;''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) a description of how data collected for the purposes of subparagraph (A) will be collected; and''. (b) Limitation.--Section 4203 of such Act (20 U.S.C. 7173) is amended by adding at the end the following: ``(g) Limitation.--The Secretary may not impose a priority or preference for eligibility for, or applications by, States or eligible entities that seek to use funds made available under this part to extend the regular school day.''. SEC. 5. LOCAL COMPETITIVE GRANT PROGRAM. Section 4204 of such Act (20 U.S.C. 7174) is amended-- (1) in subsections (b), (c), (d), (g), (h), and (i), by striking ``under this part'' each place the term appears and inserting ``under this section''; and (2) in subsection (b)(2)-- (A) in subparagraph (A)(ii), by inserting ``, if applicable'' after ``home''; (B) in subparagraph (B), by inserting ``, as well as overall student success'' before the semicolon; (C) by striking subparagraph (C) and inserting the following: ``(C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources;''; (D) in subparagraph (D)-- (i) by inserting ``and alignment'' after ``collaboration''; and (ii) by inserting ``, including the sharing of relevant student data among the schools, all participants in the eligible entity, and any partnering entities described in subparagraph (H) while complying with applicable laws relating to privacy and confidentiality'' before the semicolon; and (E) by striking subparagraph (J) and inserting the following: ``(J) a demonstration that the eligible entity uses research or evidence-based practices to provide educational and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students;''; (3) in subsection (e), by inserting ``rigorous'' before ``peer review''; (4) in subsection (i)(1)-- (A) in subparagraph (A), by striking ``and'' after the semicolon; (B) in subparagraph (B)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) demonstrating that the activities proposed in the application-- ``(i) are, as of the date of the submission of the application, not accessible to students who would be served; or ``(ii) would expand accessibility to high- quality services that may be available in the community.''; (5) by adding at the end of subsection (i) the following: ``(3) Limitation.--A State educational agency may not impose a priority or preference for eligibility for, or applications by, eligible entities that seek to use funds made available under this part to extend the regular school day.''; and (6) by adding at the end the following: ``(j) Renewability of Awards.--A State educational agency may renew a grant provided under this section to an eligible entity, based on the eligible entity's performance during the original grant period.''. SEC. 6. LOCAL ACTIVITIES. Section 4205 of such Act (20 U.S.C. 7175) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``under this part'' and inserting ``under section 4204''; and (ii) by inserting ``and support student success'' after ``academic achievement''; (B) by redesignating paragraph (6), (7), and (8) through (12) as paragraphs (7), (8), and (9) through (13), respectively; (C) by striking paragraphs (1) through (5) and inserting the following: ``(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with local school curricula and State and local content and student academic achievement standards; ``(2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; ``(3) literacy education programs; ``(4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; ``(5) art and music education activities; ``(6) services for individuals with disabilities;''; (D) by striking paragraph (8) (as redesignated by subparagraph (B)) and inserting the following: ``(8) activities and programs that support global education and global competence, including those that foster learning about other countries, cultures, languages, and global issues;''; (E) in paragraph (9) (as redesignated by subparagraph (B)), by inserting ``to serve community needs'' before the semicolon: (F) in paragraph (10) (as redesignated by subparagraph (B)), by inserting ``to serve community needs'' before the semicolon; (G) in paragraph (11) (as redesignated by subparagraph (B)), by inserting ``parenting skills'' before ``programs''; (H) in paragraph (12) (as redesignated by subparagraph (B)), by striking ``and'' after the semicolon; (I) in paragraph (13) (as redesginated by subparagraph (B)), insert ``social and emotional learning programming'' before ``and character''; and (J) by adding at the end the following: ``(14) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as `STEM') and that foster innovation in learning by supporting nontraditional STEM education teaching methods.''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Principles of'' and inserting ``Measures of''; (B) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' after the semicolon; (ii) in subparagraph (C), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: ``(D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(13)(A); and ``(E) collect the data necessary for the measures of student success described in subparagraph (D).''; and (C) in paragraph (2)(A), by inserting ``and overall student success'' before the period at the end. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 4206 of such Act (20 U.S.C. 7176) is amended to read as follows: ``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2012 and each of the 5 succeeding fiscal years.'' SEC. 8. TRANSITION. The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.
After School for America's Children Act of 2012 - Amends the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (ESEA). (21st Century Community Learning Centers provide students with before and afterschool programs to improve their academic performance.) Requires the Centers to provide: (1) students with activities that are targeted to their academic needs and aligned with the instruction they receive during the school day, and (2) students' families with opportunities for active and meaningful engagement in their children's education. Includes Indian tribes or organizations among the local public or private entities that are eligible for grants from states to establish the Centers. Requires states to use at least 93% (currently 95%) of their allotment from the Secretary of Education to provide grants to those entities. Allows states to use up to 5% (currently, 3%) of their allotment for certain state activities. Requires states to use a rigorous peer review process in reviewing grant applications. Allows states to renew a grant under part B based on the grantee's performance during the original grant period. Prohibits the Secretary or states from giving funding priority to applicants that propose to use the funds to extend the regular school day. Includes among the activities grants may fund: (1) core academic subject education activities, including those that allow students to recover or attain credits; (2) literacy education programs; (3) programs that support a healthy, active lifestyle; (4) services for the disabled; (5) programs that support global education and competence; (6) social and emotional learning programming; and (7) programs that build science, technology, engineering, and mathematics (STEM) skills and support innovative STEM teaching methods. Reauthorizes the 21st Century Community Learning Centers program through FY2017.
{"src": "billsum_train", "title": "To reauthorize 21st century community learning centers, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Hood Families Benefits Protection Act''. SEC. 2. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED IN THE SHOOTINGS AT FORT HOOD. (a) Treatment.--For purposes of the laws specified in subsection (b), a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded by gunfire in the shootings that occurred at Fort Hood, Texas, on November 5, 2009, shall be deemed-- (1) in the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States; and (2) in the case of a civilian employee of the Department of Defense, to have been killed or wounded while serving with the Armed Forces in a contingency operation or to have been killed or wounded in a terrorist attack. (b) Covered Laws.--Subsection (a) shall apply with respect to the following laws (and related regulations and policies): (1) Executive Order 11016 (relating to the award of the Purple Heart to members of the Armed Forces). (2) The Secretary of Defense Medal for the Defense of Freedom (for civilian employees of the Department of Defense who are killed or wounded in the line of duty). (3) Section 8102a of title 5, United States Code (relating to a death gratuity for deaths incurred in connection with an employee's service with the Armed Forces in a contingency operation). (4) Section 1413a of title 10, United States Code (relating to combat-related special compensation for retired members). (5) Section 1482a of title 10, United States Code (relating to payment of expenses incident to the death of a civilian employee while serving with the Armed Forces in a contingency operation). (6) Sections 303a(e) and 373(b)(2) of title 37, United States Code (relating to repayment of unearned portion of bonuses and other benefits when a uniformed services dies or is retired or separated with a combat-related disability). (7) Section 310 of title 37, United States Code (relating to special pay for members for duty subject to hostile fire or imminent danger). (8) Section 328 of title 37, United States Code (relating to combat-related injury rehabilitation pay for members). (9) Section 372 of title 37, United States Code (relating to continuation of special pays and allowances for members during hospitalization and rehabilitation resulting from wounds incurred while on duty in a combat zone). (10) Section 402(h) of title 37, United States Code (relating to no payment for meals received at military treatment facilities by members recovering from an injury incurred in a combat zone). (11) Section 411h of title 37, United States Code (relating to transportation of family members incident to illness or injury of members). (12) Section 1007(c)(4) of title 37, United States Code (relating to deductions from pay of members). (13) Section 112 of the Internal Revenue Code of 1986 (relating to tax treatment of combat zone compensation of members). (14) Section 134(b)(6) of the Internal Revenue Code of 1986 (relating to tax treatment of certain State payments received by members in a combat zone). (15) Section 692 of the Internal Revenue Code of 1986 (relating to income taxes of members who die in a combat zone or from injuries sustained therein and victims of terrorist attacks). (16) Section 2201 of the Internal Revenue Code of 1986 (relating to selection of rate schedule to estate of members who die in a combat zone or from injuries sustained therein and victims of terrorist attacks). (17) Section 7508 of the Internal Revenue Code of 1986 (relating to postponement of time for performing certain actions under internal revenue laws for members serving in a combat zone or recovering from injuries sustained therein). (18) Any other provision of law that treats the death or injury of a member of the Armed Forces in a combat zone as the result of an act of an enemy of the United States or the death or injury of a civilian employee in a terrorist attack or while serving with the Armed Forces in a contingency operation differently from the death or injury of members and civilian employees under other circumstances. (c) Maximum Coverage Under Servicemembers' Group Life Insurance.-- If a member of the Armed Forces who was killed in the shootings that occurred at Fort Hood or dies of wounds sustained in the shootings was insured under subchapter III of chapter 19 of title 38, United States Code, but elected to be insured in an amount less than the amount provided for under section 1967(a)(3)(A)(i) of such title, the amount for which the person is deemed to be insured under such subchapter shall be $400,000 notwithstanding such election. (d) Exception.--Subsections (a) and (c) shall not apply to a member of the Armed Forces whose wounds or death is the result of the willful misconduct of the member.
Fort Hood Families Benefits Protection Act - Treats members of the Armed Forces and civilian employees of the Department of Defense (DOD) who were killed or wounded in the shootings at Fort Hood, Texas, as members killed or wounded in a combat zone or civilian employees killed or wounded in a terrorist attack or while serving in a contingency operation, respectively, for purposes of specified laws, regulations, and policies concerning compensation, awards, and other benefits for which such members and employees are eligible. Provides the maximum amount of coverage ($400,000) under Servicemembers' Group Life Insurance for any member killed in such shootings, as well as any member who dies of wounds sustained in the shootings, notwithstanding that the member elected to be insured in a lesser amount. Excludes from the above provisions members whose wounds or death is the result of willful misconduct.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Rural and Small Railroad Preservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a well-developed system of transportation and infrastructure is critical to the economic well being, health, and welfare of the United States; (2) a national emergency exists that threatens the survival of essential rail transportation infrastructure, especially infrastructure serving rural areas of the country; (3) a failure to address the growing crisis will result in rail line abandonments which will add to highway costs and congestion, thus increasing highway traffic that will lead to a degradation of safety, increase environmental damage, and further economically disadvantage rural areas of the country; (4) traditional funding techniques are unable to keep pace with the rail infrastructure investment needs in rural areas, including the requirement to upgrade track and bridges, to ensure safety, and to accommodate 286,000 pound freight cars; (5) the requirement that railroads pay a 4.3-cent diesel fuel excise tax into the general fund of the Treasury, while similar taxes on competing modes of transportation improve the infrastructures for those competing modes, is inequitable; and (6) a temporary Federal program utilizing the proceeds of the 4.3-cent railroad fuel tax to address the national emergency and preserve freight rail service is in the national interest as long as the 4.3-cent diesel tax on railroads is in existence. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish a program to preserve, rehabilitate, and improve rail tracks and bridges of Class II and III freight railroads to ensure that such railroads can be operated safely and can accommodate 286,000 pound rail cars. (b) Allocation of Funds.-- (1) Eligible recipients.--The Secretary shall allocate funds made available to carry out this section to entities making applications to the Secretary for such funds, including State and local governments, government-sponsored authorities and corporations, and Class II and III railroads. (2) Criteria.--In allocating funds made available to carry out this section, the Secretary shall give priority to applications that-- (A) propose the rehabilitation or improvement of track and bridges to a condition sufficient to accommodate 286,000 pound rail cars at speeds of at least 25 mph; or (B) are designated by a State Department of Transportation as-- (i) preserving an essential link in the State's transportation network; (ii) providing a cost efficient alternative to a highway connection or highway project; or (iii) enhancing safety. (3) Equitable distribution.--In allocating funds to carry out this section, the Secretary shall ensure the equitable distribution of funds to a diversity of geographic regions. (c) Use of Funds.-- (1) Types of projects.--Funds available under this section may be used only for capital rehabilitation and improvement projects to Class II and III rail freight lines to-- (A) upgrade track and bridges to accommodate 286,000 pound freight cars; or (B) promote essential service and enhance safety. (2) Types of funding.--The Secretary may make direct grants for the purposes stated in paragraph (1), and may make grants to supplement direct loans and loan guarantees under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) to provide for such benefits as a holiday on early payments, lowering rates of interest, or paying credit risk premiums or premium risk subsidy amounts in whole or in part. (d) Railroad Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following section: ``SEC. 9511. RAILROAD TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Railroad Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Railroad Trust Fund amounts equivalent to the taxes received in the Treasury under clause (ii) of section 4041(a)(1)(C) (relating to rate of tax on trains). ``(c) Expenditures.--Amounts in the Railroad Trust Fund shall be available, as provided by appropriation Acts, for making expenditures under the Emergency Rural and Small Railroad Preservation Act, as in effect on the date of the enactment of this section.''. (2) Clerical amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Railroad Trust Fund.''. (3) Effective date.--The amendments made by this subsection shall apply to amounts received after the date of the enactment of this Act. (e) Administration.--The Secretary shall give priority to projects that are economically viable, and shall require a non-Federal matching contribution of at least 10 percent. The Secretary shall make grants available no later than 90 days following the availability of appropriations for each fiscal year. (f) Study.--Section 22301(d) of title 49, United States Code, is amended by inserting ``, and of projects carried out with assistance under the Emergency Rural and Small Railroad Preservation Act,'' after ``under this section''.
Amends the Internal Revenue Code to establish the Railroad Trust Fund consisting of amounts derived from taxes on trains to be used to carry out this Act.
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SECTION 1. FINDINGS. The Congress finds the following: (1) In 1978, the Judicial Conference of the United States established a procedure for creating new Federal judicial districts, which is still in force. According to the ``Proceedings of the Judicial Conference, September 21-22, 1978'', this procedure requires that 4 principal criteria be taken into consideration in evaluating the establishment of a new Federal judicial district: caseload, judicial administration, geography, and community convenience. (2) The criterion of ``caseload'' is found to include the total number of Federal court cases and the number of cases per Federal judge, for both criminal and civil Federal cases. (3) The criterion of ``judicial administration'' is found to include the backlog of pending cases in a Federal judicial district, which hinders the effective resolution of pending business before the court. (4) The criterion of ``geography'' is found to mean the accessibility of the central administration of the Federal judicial district to officers of the court, parties with business before the court, and other citizens living within the Federal judicial district. (5) The criterion of ``community convenience'' is found to mean the extent to which creating a new Federal judicial district will allow the court to better serve the population and diverse communities of the area. (6)(A) The 13 southern counties of New Jersey, consisting of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, and Warren Counties, have a substantial criminal caseload which requires the creation of a separate judicial district. (B) 352 Federal criminal cases originated in the 13 southern New Jersey counties in fiscal year 2002 and were handled principally by the 4 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) In fiscal year 2002, the criminal cases originating in the 13 southern New Jersey counties exceeded that of 32 of the current 93 Federal judicial districts other than the District of New Jersey. Only 61 of the other current Federal judicial districts had more criminal cases than the southern region of New Jersey. (D) For example, in the Eastern District of Louisiana (12 judges), 304 criminal cases were filed in fiscal year 2002. In the District of Connecticut (8 judges), only 251 criminal cases were filed in fiscal year 2002. (7)(A) The substantial civil caseload concentrated in the southern counties of New Jersey requires the creation of a separate judicial district. (B) Approximately 2,744 Federal civil cases originated in the 13 southern New Jersey counties in fiscal year 2002 and were handled principally by the 4 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) In the fiscal year 2002, the civil cases originating in the 13 southern New Jersey counties exceeded that of 61 of the current Federal judicial districts other than the District of New Jersey. Only 32 of the other Federal judicial districts had more civil cases than the southern region of New Jersey. (D) For example, in the Western District of Tennessee (5 judges), 1,410 civil cases were filed in fiscal year 2002. In the Southern District of West Virginia (5 judges), only 1,778 civil cases were filed in fiscal year 2002. (8)(A) The size of the backlog of pending cases concentrated in the 13 southern counties of New Jersey requires the creation of a separate judicial district. (B) In fiscal year 2002, the pending criminal cases attributed to the 13 southern New Jersey counties exceeded that of 58 of the current 93 Federal judicial districts other than the District of New Jersey. Only 35 of the other current Federal judicial districts had more pending criminal cases than the southern region of New Jersey. (C) In fiscal year 2002, the pending civil cases attributed to the 13 southern New Jersey counties exceeded that of 72 of the current 93 Federal judicial districts other than the District of New Jersey. Only 21 of the other current Federal judicial districts had more pending civil cases than the southern region of New Jersey. (D) The number of pending cases in the Camden vicinage of New Jersey exceeds the number of cases pending before entire judicial districts with similar numbers of judges, clearly indicating that southern New Jersey merits a separate Federal judicial district. For example, as of October 1, 2002, there were 1,846 civil cases pending before the Camden vicinage. The Western District of Tennessee, with 5 judges, had only 991 civil cases pending in fiscal year 2002. The Western District of Oklahoma, with 6 judges, had only 1,400 civil cases pending during the same period. Finally, there were 250 criminal cases pending before the Camden vicinage at the end of fiscal year 2002, while the entire Eastern District of Louisiana, with 12 judges, had only 191 criminal cases pending. Also, the Western District of Pennsylvania, with 10 judges, had only 275 criminal cases pending at the end of fiscal year 2002. (9)(A) The distance between the northern and southern regions of New Jersey and the density of New Jersey's population create a substantial barrier to the efficient administration of justice. (B) The distance from Newark, New Jersey to Camden, New Jersey is more than 85 miles. (C) When a new Federal court district was created in Louisiana in 1971, the distance between New Orleans and Baton Rouge (nearly 80 miles) was cited as a major factor in creating a new district court, as travel difficulties were impeding the timely administration of justice. (10)(A) New Jersey's culturally and regionally diverse population of over 8,000,000 citizens, widely distributed across a densely populated State, is inconvenienced by having only 1 judicial district. (B) The District of New Jersey is the fourth most populous Federal judicial district in the United States. (C) The population of the 13 southern New Jersey counties exceeds the population of 69 of the current 93 Federal judicial districts other than the District of New Jersey. The population of the 8 northern New Jersey counties (consisting of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union) exceeds the population of 73 of the current 93 Federal judicial districts other than the District of New Jersey. (D) Of the 27 States and territories that have only a single Federal judicial district (including Puerto Rico and the District of Columbia), New Jersey has the highest population. (E) More than a dozen States have smaller populations than New Jersey, yet they have multiple Federal judicial districts, including Washington, Oklahoma, Iowa, West Virginia, and Missouri. (11) In evaluating the creation of a new Southern District of New Jersey, the Judicial Conference should seek the views of the chief judge of the affected district, the judicial council for the affected circuit court, and the affected United States Attorney as representative of the views of the Department of Justice, as required in the procedure established by the ``Proceedings of the Judicial Conference, September 21-22, 1978''. SEC. 2. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY. (a) Establishment.-- (1) Creation.--Section 110 of title 28, United States Code, is amended to read as follows: ``Sec. 110. New Jersey ``New Jersey is divided into 2 judicial districts to be known as the Northern and Southern Districts of New Jersey. ``Northern District ``(a) The Northern District comprises the counties of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union. ``Court for the Northern District shall be held at Newark. ``Southern District ``(b) The Southern District comprises the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, and Warren. ``Court for the Southern District shall be held at Camden and Trenton.''. (2) Judgeships.--The item relating to New Jersey in the table set forth in section 133(a) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 10 ``Southern............................................. 7''. (3) Bankruptcy judgeships.--The item relating to New Jersey in the table set forth in section 152(a)(1) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 4 ``Southern............................................. 4''. (b) District Judges, Bankruptcy Judges, Magistrate Judges, United States Attorney, United States Marshal, and Federal Public Defender.-- (1) Transfer of district judges.--(A) Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, or Union County shall, on and after such effective date, be a district judge for the Northern District of New Jersey. Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren County shall, on and after such effective date, be a district judge of the Southern District of New Jersey. (B) Whenever a vacancy occurs in a judgeship in either judicial district of New Jersey, the vacancy shall first be offered to those judges appointed before the enactment of this Act and in active service in the other judicial district of New Jersey at the time of the vacancy, and of those judges wishing to fill the vacancy, the judge most senior in service shall fill that vacancy. In such a case, the President shall appoint a judge to fill the vacancy resulting in the district of New Jersey from which such judge left office. (2) Transfer of bankruptcy and magistrate judges.--Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, or Union County shall, on and after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, for the Northern District of New Jersey. Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren County shall, on and after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, of the Southern District of New Jersey. (3) United states attorney, united states marshal, and federal public defender.-- (A) Those in office.--This section and the amendments made by this section shall not affect the tenure of office of the United States attorney, the United States marshal, and the Federal Public Defender, for the District of New Jersey who are in office on the effective date of this Act, except that such individuals shall be the United States attorney, the United States marshal, and the Federal Public Defender, respectively, for the Northern District of New Jersey as of such effective date. (B) Appointments.--The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the Southern District of New Jersey. The Court of Appeals for the Third Circuit shall appoint a Federal Public Defender for the Southern District of New Jersey. (4) Pending cases not affected.--This section and the amendments made by this section shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of New Jersey on such date. (5) Juries not affected.--This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of New Jersey on the effective date of this Act. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Appointments.--Notwithstanding subsection (a)-- (1) the President may make the appointments under section 2(b)(3)(B), and (2) the Court of Appeals for the Third Circuit may make the appointment under section 2(b)(3)(B), at any time after the date of the enactment of this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary for facilities for the District Court for the Southern District of New Jersey.
Amends the Federal judicial code to establish two judicial districts in New Jersey (currently, one), the Northern and Southern Districts of New Jersey. Sets forth provisions regarding the allocation of judgeships, including bankruptcy judgeships, among those districts.Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey.Transfers U.S. attorneys, U.S. marshals, and Federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey.Specifies that neither pending cases nor juries shall be affected.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Forest Restoration Investment Tax Credit Act''. SEC. 2. CARBON SEQUESTRATION INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CARBON SEQUESTRATION INVESTMENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible taxpayer's investment in a carbon sequestration project approved by the implementing panel under section 2 of the International Carbon Conservation Act, the carbon sequestration investment credit determined under this section for the taxable year is an amount equal to-- ``(A) $3.00, multiplied by ``(B) the number of tons of carbon the implementing panel determines was sequestrated in such project during the calendar year ending with or within such taxable year, multiplied by ``(C) the percentage of the total investment in such project which is represented by the investment in such project which is attributable, directly or indirectly, to the eligible taxpayer, as determined by the implementing panel. ``(2) Aggregate dollar limitation.--The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the eligible taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the eligible taxpayer with respect to such project through such taxable year. ``(b) Annual Limitation on Aggregate Credit Allowable.-- ``(1) In general.--The amount of the carbon sequestration investment credit determined under subsection (a) for any taxable year, when added to all such credits allowed to all eligible taxpayers with respect to the such project for such taxable year shall not exceed the credit dollar amount allocated to such project under this subsection by the implementing panel for the calendar year ending with or within such taxable year. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the carbon sequestration project proposal with respect to such project is approved by the implementing panel under section 2 of the International Carbon Conservation Act. ``(3) Aggregate credit dollar amount.--The aggregate credit dollar amount which the implementing panel may allocate for any calendar year is equal to $250,000,000. ``(c) Eligible Taxpayer; Implementing Panel.--For purposes of this section-- ``(1) Eligible taxpayer.--A taxpayer is eligible for the credit under this section with respect to a carbon sequestration project if such taxpayer has not elected the application of sections 3 and 4 of the International Carbon Conservation Act with respect to such project. ``(2) Implementing panel.--The term `implementing panel' means the implementing panel established under section 2 of such Act. ``(d) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 30-year period of a carbon sequestration project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1)-- ``(A) In general.--The credit recapture amount is an amount equal to the recapture percentage of all carbon sequestration investment credits previously allowable to an eligible taxpayer with respect to any investment in such project that is attributable to such taxpayer. ``(B) Recapture percentage.--The recapture percentage shall be 100 percent if the recapture event occurs during the first 10 years of the project, 66\2/ 3\ percent if the recapture event occurs during the second 10 years of the project, 33\1/3\ percent if the recapture event occurs during the third 10 years of the project, and 0 percent if the recapture event occurs at any time after the 30th year of the project. ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a carbon sequestration project if-- ``(A) the eligible taxpayer violates a term or condition of the approval of the project by the implementing panel at any time, ``(B) the eligible taxpayer adopts a practice which the implementing panel has specified in its approval of the project as a practice which would tend to defeat the purposes of the carbon sequestration program, or ``(C) the eligible taxpayer disposes of any ownership interest arising out of its investment that the implementing panel has determined is attributable to the project, unless the implementing panel determines that such disposition will not have any adverse effect on the carbon sequestration project. If an event which otherwise would be a recapture event is outside the control of the eligible taxpayer, as determined by the implementing panel, such event shall not be treated as a recapture event with respect to such taxpayer. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(e) Disallowance of Double Benefit.-- ``(1) Basis reduction.--The basis of any investment in a carbon sequestration project shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(2) Charitable deduction disallowed.--No deduction shall be allowed to an eligible taxpayer under section 170 with respect to any contribution which the implementing panel certifies pursuant to section 2 of the International Carbon Conservation Act to the Secretary constitutes an investment in a carbon sequestration project that is attributable to such taxpayer. ``(f) Certification to Secretary.--The implementing panel shall certify to the Secretary before January 31 of each year with respect to each eligible taxpayer which has made an investment in a carbon sequestration project-- ``(1) the amount of the carbon sequestration investment credit allowable to such taxpayer for the preceding calendar year, ``(2) whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and ``(3) the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits, ``(2) which prevent the abuse of the provisions of this section through the use of related parties, and ``(3) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (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 carbon sequestration investment credit determined under section 45S(a).''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the carbon sequestration investment credit determined under section 45S(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Carbon sequestration investment credit''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2010. SEC. 3. ALLOWANCE OF DEDUCTION FOR DIVIDENDS RECEIVED FROM CONTROLLED FOREIGN CORPORATIONS FOR ADDITIONAL YEAR. (a) In General.--Section 965 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Allowance for Deduction for an Additional Year.-- ``(1) In general.--In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting `January 1, 2011,' for `the date of the enactment of this section'. ``(2) Special rules.--For purposes of paragraph (1)-- ``(A) Extraordinary dividends.--Subsection (b)(2) shall be applied by substituting `June 30, 2010' for `June 30, 2003'. ``(B) Determinations relating to related party indebtedness.--Subsection (b)(3)(B) shall be applied by substituting `October 3, 2011' for `October 3, 2004'. ``(C) Applicable financial statement.--Subsection (c)(1) shall be applied by substituting `June 30, 2010' for `June 30, 2003' each place it occurs. ``(D) Determinations relating to base period.-- Subsection (c)(2) shall be applied by substituting `June 30, 2010' for `June 30, 2003'.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending on or after January 1, 2011.
Global Forest Restoration Investment Tax Credit Act - Amends the Internal Revenue Code to: (1) allow a business-related tax credit for investment in a carbon sequestration project approved under the International Carbon Conservation Act; and (2) extend through 2011 the taxpayer election to deduct dividends received from a controlled foreign corporation.
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SECTION 1. SHORT TITLE. This Act may be cited as ``Deamonte's Law'' . SEC. 2. FINDINGS. The Congress finds as follows: (1) The Centers for Disease Control and Prevention reports that tooth decay in baby teeth has increased 15 percent among United States toddlers and preschoolers 2 to 5 years old, between 1988 to 1994 and 1994 to 2004. (2) During the period of 1999 to 2004, 28 percent of young children had experienced cavities. (3) Tooth decay is the single most common childhood chronic disease, and it disproportionately affects poor and minority children. (4) Eighty percent of dental decay occurs in just 25 percent of children. (5) Parents are 3 times more likely to report that their children's dental needs are unmet, when compared with general medical care needs. (6) While 9,000,000 of the children in this Nation do not have medical insurance, more than twice that number-- 20,000,000--do not have dental insurance. (7) The Department of Health and Human Services estimates that more than 31,000,000 people live in dental health provider shortage areas, and 4,650 additional dentists would be needed to meet the need that exists in those areas. (8) Health centers serve as the health care home for 16,000,000 individuals, including 5,200,000 children, aged 18 and under. (9) A significant number of health centers provide dental services, but in many instances those services are inadequate to meet the needs of low-income children in the communities they serve. SEC. 3. ACCESS TO DENTAL CARE PILOT PROGRAM. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330M. ACCESS TO DENTAL CARE PILOT PROGRAM. ``(a) Grants.--The Secretary shall award grants to Federally qualified health centers to expand and improve the provision of pediatric dental services to medically underserved populations. ``(b) Use of Funds.--The Secretary may not make a grant to a Federally qualified health center under this section unless the center agrees to use the grant to expand and improve the provision of pediatric dental services to medically underserved populations by-- ``(1) recruiting dentists, pediatric dentists, or dentists with pediatric training to provide pediatric dental services to populations served by the center; ``(2) purchasing or renting equipment for the provision of dental services; ``(3) constructing and expanding physical space for the provision of dental services; or ``(4) allowing contractual relationships between Federally qualified health centers and private dental providers to increase access to dental care for adults and children. ``(c) Reports to Congress.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Definitions.--In this section: ``(1) The term `Federally qualified health center' has the meaning given to such term in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)). ``(2) The term `pediatric dentist' means an individual who has successfully completed residency training from a pediatric dentistry program accredited by the Commission on Dental Accreditation. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2013.''. SEC. 4. DENTISTRY WORKFORCE PILOT PROGRAM. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended by inserting after section 747 the following: ``SEC. 747A. DENTISTRY WORKFORCE PILOT PROGRAM. ``(a) Grants.--The Secretary shall make grants to schools of dentistry and hospitals with accredited training programs in pediatric dentistry to increase the number of individuals who pursue academic programs in pediatric dentistry. ``(b) Use of Funds.--The Secretary may not make a grant to a school of dentistry or a hospital under this section unless the school or hospital agrees to use the grant to increase the number of individuals who pursue academic programs in pediatric dentistry by-- ``(1) establishing, maintaining, or improving both pre- and post-doctoral academic programs in pediatric dentistry; ``(2) recruiting and training dental students to pursue training in pediatric dentistry; ``(3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice dentistry residencies in dentistry programs; or ``(4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry. ``(c) Reports to Congress.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall conduct an evaluation of the activities funded through grants under this section and submit a report to the Congress on the results of such evaluation. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2013.''.
Deamonte's Law - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to federally qualified health centers to expand and improve the provision of pediatric dental services to medically underserved populations by: (1) recruiting dentists, pediatric dentists, or dentists with pediatric training to provide pediatric dental services; (2) purchasing or renting dental equipment; (3) constructing and expanding space; and (4) allowing contractual relationships between such health centers and private dental providers to increase access to dental care for adults. Requires the Secretary to make grants to schools of dentistry and hospitals with accredited training programs to increase the number of individuals who pursue academic programs in pediatric dentistry by: (1) establishing, maintaining, or improving pre- and post-doctoral academic programs in pediatric dentistry; (2) recruiting and training dental students to pursue training in pediatric dentistry; (3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice residencies in dentistry programs; or (4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Power Act Amendments of 1999''. SEC. 2. CLARIFICATION OF JURISDICTION. (a) Declaration of Policy.--Section 201(a) of the Federal Power Act (16 U.S.C. 824(a)) is amended by-- (1) inserting after ``transmission of electric energy in interstate commerce'' the following: ``, including the unbundled transmission of electric energy sold at retail,''; and (2) striking ``such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States.'' and inserting the following: ``such Federal regulation shall not extend, however, to the bundled retail sale of electric energy or to unbundled local distribution service, which are subject to regulation by the States.''. (b) Application of Part.--Section 201(b) of the Federal Power Act (16 U.S.C. 824(b)(1)) is amended by-- (1) inserting after ``the transmission of electric energy in interstate commerce'' the following: ``, including the unbundled transmission of electric energy sold at retail,''; and (2) adding at the end the following: ``(3) The Commission, after consulting with the appropriate State regulatory authorities, shall determine, by rule or order, which facilities used for the transmission and delivery of electric energy are used for transmission in interstate commerce subject to the jurisdiction of the Commission under this Part, and which are used for local distribution subject to State jurisdiction.''. (c) Definition of Interstate Commerce.--Section 201(c) of the Federal Power Act (16 U.S.C. 824(c)) is amended by inserting after ``outside thereof'' the following: ``(including consumption in a foreign country)''. (d) Definitions of Types of Sales.--Section 201(d) of the Federal Power Act (16 U.S.C. 824(d)) is amended by-- (1) inserting ``(1) after the subsection designation; (2) adding at the end the following: ``(2) The term `bundled retail sale of electric energy' means the sale of electric energy to an ultimate consumer in which the generation and transmission service are not sold separately. ``(3) The term `unbundled local distribution service' means the delivery of electric energy to an ultimate consumer if-- ``(A) the electric energy and the service of delivering it are sold separately, and ``(B) the delivery uses facilities for local distribution as determined by the Commission under subsection (b)(3). ``(4) The term `unbundled transmission of electric energy sold at retail' means the transmission of electric energy to an ultimate consumer if-- ``(A) the electric energy and the service of transmitting it are sold separately, and ``(B) the transmission uses facilities for transmission in interstate commerce as determined by the Commission under subsection (b)(3).''. (e) Definitions of Public Utility.--Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by striking subsection (e) and inserting the following: ``(e) The term `public utility' when used in this Part or in the Part next following means-- ``(1) any person who owns or operates facilities subject to the jurisdiction of the Commission under this Part (other than facilities subject to such jurisdiction solely by reason of section 210, 211, or 212); or ``(2) any electric utility or Federal power marketing agency not otherwise subject to the jurisdiction of the Commission under this Part, including-- ``(A) the Tennessee Valley Authority, ``(B) a Federal power marketing agency, ``(C) a State or any political subdivision of a State, or any agency, authority, or instrumentality of a State or political subdivision, ``(D) a corporation or association that has ever received a loan for the purpose of providing electric service from the Administrator of the Rural Electrification Administration or the Rural Utilities Service under the Rural Electrification Act of 1936; or ``(E) any corporation or association which is wholly owned, directly or indirectly, by any one or more of the foregoing, but only with respect to determining, fixing, and otherwise regulating the rates, terms, and conditions for the transmission of electric energy under this Part (including sections 217, 218, and 219).''. (f) Application of Part to Government Utilities.--Section 201(f) of the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``No provision'' and inserting ``Except as provided in subsection (e)(2) and section 3(23), no provision''. (g) Definition of Transmitting Utility.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by striking paragraph (23) and inserting the following: ``(23) Transmitting utility.--The term `transmitting utility' means any electric utility, qualifying cogeneration facility, qualifying small power production facility, Federal power marketing agency, or any public utility, as defined in section 201(e)(2), that owns or operates electric power transmission facilities which are used for the sale of electric energy.''. SEC. 3. FEDERAL WHEELING AUTHORITY. (a) Commission Authority To Order Retail Wheeling.-- (1) Section 211(a) of the Federal Power Act (16 U.S.C. 824j(a)) is amended by striking ``for resale''. (2) Section 212(a) of the Federal Power Act (16 U.S.C. 824k(a)) is amended by striking ``wholesale transmission services'' each place it appears and inserting ``transmission services''. (3) Section 212(g) of the Federal Power Act (16 U.S.C. 824k(g)) is repealed. (b) Limitation on Commission Authority To Order Retail Wheeling.-- Section 212 of the Federal Power Act (16 U.S.C. 824k) is further amended by striking subsection (h) and inserting the following: ``(h) Limitation on Commission Authority To Order Retail Wheeling.--No rule or order issued under this Act shall require or be conditioned upon the transmission of electric energy: ``(1) directly to an ultimate consumer in connection with a sale of electric energy to the consumer unless the seller of such energy is permitted or required under applicable State law to make such sale to such consumer, or ``(2) to, or for the benefit of, an electric utility if such electric energy would be sold by such utility directly to an ultimate consumer, unless the utility is permitted or required under applicable State law to sell electric energy to such ultimate consumer.''. (c) Conforming Amendment.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by striking paragraph (24) and inserting the following: ``(24) Transmission services.--The term `transmission services' means the transmission of electric energy in interstate commerce.''. SEC. 4. STATE AUTHORITY TO ORDER RETAIL ACCESS. Part II of the Federal Power Act is further amended by adding at the end the following: ``SEC. 215. STATE AUTHORITY TO ORDER RETAIL ACCESS. ``(a) State Authority.--Neither silence on the part of Congress nor any Act of Congress shall be construed to preclude a State or State commission, acting under authority of state law, from requiring an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State. ``(b) Nondiscriminatory Service.--If a State or State commission permits or requires an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State, the electric utility shall provide such service on a not unduly discriminatory basis. Any law, regulation, or order of a State or State commission that results in unbundled local distribution service that is unjust, unreasonable, unduly discriminatory, or preferential is hereby preempted. ``(c) Reciprocity.--Notwithstanding subsection (b), a State or state commission may bar an electric utility from selling electric energy to an ultimate consumer using local distribution facilities in such State if such utility or any of its affiliates owns or controls local distribution facilities and is not itself providing unbundled local distribution service. ``(d) State Charges.--Nothing in this Act shall prohibit a State or State regulatory authority from assessing a nondiscriminatory charge on unbundled local distribution service within the State, the retail sale of electric energy within the State, or the generation of electric energy for consumption by the generator within the State.''. SEC. 5. UNIVERSAL AND AFFORDABLE SERVICE. Part II of the Federal Power Act is further amended by adding at the end the following: ``SEC. 216. UNIVERSAL AND AFFORDABLE SERVICE. ``(a) Sense of the Congress.--It is the sense of the Congress that-- ``(1) every consumer of electric energy should have access to electric energy at reasonable and affordable rates, and ``(2) the Commission and the States should ensure that competition in the electric energy business does not result in the loss of service to rural, residential, or low-income consumers. ``(b) Consideration and Reports.--Any State or State commission that requires an electric utility subject to its jurisdiction to provide unbundled local distribution service shall-- ``(1) consider adopting measures to-- ``(A) ensure that every consumer of electric energy within such State shall have access to electric energy at reasonable and affordable rates, and ``(B) prevent the loss of service to rural, residential, or low-income consumers; and ``(2) report to the Commission on any measures adopted under paragraph (1).''. SEC. 6. NATIONAL ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act is further amended by adding at the end the following: ``SEC. 217. NATIONAL ELECTRIC RELIABILITY STANDARDS. ``(a) Reliability Standards.--The Commission shall establish and enforce national electric reliability standards to ensure the reliability of the electric transmission system. ``(b) Designation of National and Regional Councils.-- ``(1) For purposes of establishing and enforcing national electric reliability standards under subsection (a), the Commission may designate an appropriate number of regional electric reliability councils composed of electric utilities or transmitting utilities, and one national electric reliability council composed of designated regional electric reliability councils, whose mission is to promote the reliability of electric transmission system. ``(2) The Commission shall not designate a regional electric reliability council unless the Commission determines that the council-- ``(A) permits open access to membership from all entities engaged in the business of selling, generating, transmitting, or delivering electric energy within its region; ``(B) provides fair representation of its members in the selection of its directors and the management of its affairs; and ``(C) adopts and enforces appropriate standards of operation designed to promote the reliability of the electric transmission system. ``(c) Incorporation of Council Standards.--The Commission may incorporate, in whole or in part, the standards of operation adopted by the regional and national electric reliability councils in the national electric reliability standards adopted by the Commission under subsection (a). ``(d) Enforcement.--The Commission may, by rule or order, require any public utility or transmitting utility to comply with any standard adopted by the Commission under this section. SEC. 7. SITING NEW INTERSTATE TRANSMISSION FACILITIES. Part II of the Federal Power Act is further amended by adding at the end the following: ``SEC. 218. SITING NEW INTERSTATE TRANSMISSION FACILITIES. ``(a) Commission Authority.--Whenever the Commission, after notice and opportunity for hearing, finds such action necessary or desirable in the public interest, it may order a transmitting utility to enlarge, extend, or improve its facilities for the interstate transmission of electric energy. ``(b) Procedure.--The Commission may commence a proceeding for the issuance of an order under subsection (a) upon the application of an electric utility, transmitting utility, or state regulatory authority, or upon its own motion. ``(c) Compliance With Other Laws.--Commission action under this section shall be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and all other applicable state and federal laws. ``(d) Use of Joint Boards.--Before issuing an order under subsection (a), the Commission shall refer the matter to a joint board appointed under section 209(a) for advice and recommendations on the need for, design of, and location of the proposed enlargement, extension, or improvement. The Commission shall consider the advice and recommendations of the Board before ordering such enlargement, extension, or improvement. ``(e) Limitation on Authority.--The Commission shall have no authority to compel a transmitting utility to extend or improve its transmission facilities if such enlargement, extension, or improvement would unreasonably impair the ability of the transmitting utility to render adequate service to its customers.''. SEC. 8. REGIONAL INDEPENDENT SYSTEM OPERATORS. Part II of the Federal Power Act is further amended by adding at the end the following: ``SEC. 219. REGIONAL INDEPENDENT SYSTEM OPERATORS. ``(a) Regional Transmission Systems.--Whenever the Commission finds such action necessary or desirable in the public interest to ensure the fair and non-discriminatory access to transmission services within a region, the Commission may order the formation of a regional transmission system and may order any transmitting utility operating within such region to participate in the regional transmission system. ``(b) Oversight Board.--The Commission shall appoint a regional oversight board to oversee the operation of the regional transmission system. Such oversight board shall be composed of a fair representation of all of the transmitting utilities participating in the regional transmission system, electric utilities and consumers served by the system, and State regulatory authorities within the region. The regional oversight board shall ensure that the independent system operator formulates policies, operates the system, and resolves disputes in a fair and non-discriminatory manner. ``(c) Independent System Operator.--The regional oversight board shall appoint an independent system operator to operate the regional transmission system. No independent system operator shall-- ``(1) own generating facilities or sell electric energy, or ``(2) be subject to the control of, or have a financial interest in, any electric utility or transmitting utility within the region served by the independent system operator. ``(d) Commission Rules.--The Commission shall establish rules necessary to implement this section.''. SEC. 9. ENFORCEMENT. ``(a) General Penalties.--Section 316(c) of the Federal Power Act (16 U.S.C. 825o(c)) is amended by-- (1) striking ``subsection'' and inserting ``section''; and (2) striking ``or 214'' and inserting: ``214, 217, 218, or 219''. ``(b) Civil Penalties.--Section 316A of the Federal Power Act (16 U.S.C. 825o-1) is amended by striking ``or 214'' each place it appears and inserting: ``214, 217, 218, or 219''. SEC. 10. AMENDMENT TO THE PUBLIC UTILITY REGULATORY POLICIES ACT. Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) is amended by adding at the end the following: ``(m) Protection of Existing Wholesale Power Purchase Contracts.-- No State or State regulatory authority may bar a State regulated electric utility from recovering the cost of electric energy the utility is required to purchase from a qualifying cogeneration facility or qualifying small power production facility under this section.''.
(Sec. 2) Requires FERC, after consulting with appropriate State regulatory authorities, to determine by rule or order which electric energy transmission and delivery facilities are used for transmission in interstate commerce, subject to FERC jurisdiction, and which are used for local distribution subject to State jurisdiction. Redefines the transmission of electric energy in interstate commerce to include electric energy that will be consumed in a foreign country. Includes among public utilities subject to FERC jurisdiction over electric energy transmission any electric utility or Federal power marketing agency (including the Tennessee Valley Authority (TVA)), municipal utilities, and rural electric cooperatives not otherwise subject to FERC. Redefines a transmitting utility to include any public utility, qualifying cogeneration facility, qualifying small power production facility, or Federal power marketing agency that owns or operates electric power transmission facilities used for electric energy sales. (Sec. 3) Authorizes any person generating electric energy for sale (currently only for resale) to apply to FERC for an order requiring a transmitting utility to provide transmission services (currently only wholesale transmission services) to the applicant. Repeals the prohibition against mandatory retail wheeling and sham wholesale transactions. Limits FERC authority to order retail wheeling to sales permitted or required by State law. (Sec. 4) Declares that neither the silence of the Congress nor any Act of the Congress shall be construed to preclude a State or State commission, acting under State law, from requiring an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State. Requires any electric utility permitted or required by a State to provide unbundled local distribution service to any electric consumer within such State, to do so on a not unduly discriminatory basis. Preempts any State law, regulation, or order that results in unbundled local distribution service that is unjust, unreasonable, unduly discriminatory, or preferential. Authorizes a State or State commission to bar an electric utility from selling electric energy to an ultimate consumer using local distribution facilities if such utility or any of its affiliates owns or controls local distribution facilities and is not itself providing unbundled local distribution service. Declares that nothing in this Act shall prohibit a State or State regulatory authority from assessing a nondiscriminatory charge on unbundled local distribution service, the retail sale of electric energy, or the generation of electric energy for consumption by the generator within the State. (Sec. 5) Expresses the sense of the Congress that: (1) every electric energy consumer should have access to electric energy at reasonable and affordable rates; and (2) FERC and the States should ensure that competition in the electric energy business does not result in the loss of service to rural, residential, or low-income consumers. Requires any State or State commission that requires an electric utility subject to its jurisdiction to provide unbundled local distribution service to: (1) consider adopting measures to implement such policy; and (2) report to FERC on any measures so adopted. (Sec. 6) Instructs FERC to establish and enforce national electric reliability standards to ensure the reliability of the electric transmission system. Authorizes FERC to: (1) designate national and regional councils to promote such reliability; (2) incorporate into its own standards the operational standards adopted by such councils; and (3) enforce compliance with such standards on the part of any public or transmitting utility. (Sec. 7) Prescribes procedural guidelines under which FERC may order a transmitting utility to broaden or improve its facilities for the interstate transmission of electric energy. (Sec. 8) Authorizes FERC to order the formation of a regional transmission system, and to order any transmitting utility operating within such region to participate in it. Requires FERC to appoint a regional oversight board to oversee such system operation, and such board to appoint an independent system operator to operate the system. (Sec. 9) Establishes civil penalties for violations of this Act. (Sec. 10) Amends the Public Utility Regulatory Policies Act of 1978 to prohibit any State or State authority from barring a State regulated electric utility from recovering the cost of electric energy the utility is required to purchase from a qualifying cogeneration facility or qualifying small power production facility.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Wind Energy Development Act''. SEC. 2. CREDIT FOR INSTALLATION OF WIND ENERGY PROPERTY INCLUDING BY RURAL HOMEOWNERS, FARMERS, RANCHERS, AND SMALL BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. WIND ENERGY PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,500 with respect to each half kilowatt of capacity of qualified wind energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a wind turbine of 100 kilowatts of rated capacity or less if-- ``(1) such turbine is placed in service or installed on or in connection with property located in the United States, ``(2) in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit, ``(3) the original use of such turbine commences with the taxpayer, and ``(4) such turbine carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as dwelling units. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a dwelling unit or other property, the increase in the basis of such dwelling unit or other property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2006, and before January 1, 2012.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a dwelling unit or other property with respect to which a credit was allowed under section 30D, to the extent provided in section 30D(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2006. SEC. 3. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR WIND ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) any property which would be described in subparagraph (A) of section 48(a)(3) if `wind energy' were substituted for `solar energy' in clause (i) thereof and the last sentence of such section did not apply to such subparagraph.''. (b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows: ``(I) is described in subparagraph (A) of section 48(a)(3) if the last sentence of such section did not apply to such subparagraph,''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006.
Rural Wind Energy Development Act - Amends the Internal Revenue Code to allow: (1) a tax credit for the installation of wind energy property; and (2) an accelerated depreciation allowance for such property.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservoir Operations Improvement Act''. SEC. 2. REVISION OF WATER MANUALS. (a) In General.--Not later than 18 months after the date on which the Secretary of the Army, acting through the Chief of Engineers, identifies all eligible projects under section 3(c), the Secretary shall revise the water manuals of not more than 15 such projects (including not fewer than 6 projects that are not wholly owned and operated by the Corps of Engineers, if a sufficient number of such projects are identified) in accordance with this section. (b) Data for Revisions.--A revision of a water manual under subsection (a) shall incorporate-- (1) a forecast-informed reservoir operations plan, in accordance with subsection (c); (2) new watershed data; and (3) as applicable, the effects of any structural improvement completed after the date of the most recent revision of the water manual. (c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall create a forecast-informed reservoir operations plan for each selected project and incorporate such a plan into the applicable revision of a water manual under subsection (a). A forecast-informed reservoir operations plan shall include each of the following components: (1) A consideration of the relationship between ocean and atmospheric conditions, including the El Nino and La Nina cycles, and the potential for above-normal, normal, or below- normal rainfall for the coming water year, including a consideration of atmospheric river forecasts. (2) The precipitation and runoff index specific to the basin and watershed in which the relevant project is located, including information regarding the hydrological and meteorological conditions, at each 10-digit hydrologic unit (as defined by the U.S. Geological Survey) within such watershed, that influence the timing and quantity of runoff. (3) Updated hydrologic forecasting for precipitation, snowpack, and soil moisture conditions. (4) An adjustment of flood control rule curves to optimize, as applicable, water supply storage and reliability, hydropower production, environmental benefits related to flows and temperature, or other authorized project benefits, without a reduction in flood safety. (5) Proactive management in response to changes in forecasts. (d) Consultation and Coordination Requirement.--In revising a water manual under subsection (a), the Secretary shall-- (1) consult with affected entities, including-- (A) non-Federal interests responsible for the operations and maintenance costs of the flood control project for which the water manual is to be revised; (B) water rights holders; (C) individuals or entities with a right to any portion of the water within the reservoir of such project; and (D) local agencies with flood control responsibilities downstream of such project; and (2) enter into a cooperative agreement, memorandum of understanding, or other agreement with each non-Federal interest for the project, describing the scope and goals of the revision and the coordination among the parties. (e) Report.--Not later than 180 days after the date on which the Secretary completes a revision of a water manual under subsection (a), the Secretary shall submit to Congress a report regarding the components of the forecast-informed reservoir operations plan incorporated into such revision. (f) Funding.--The Secretary may accept and expend amounts from non- Federal interests to fund all or a portion of the costs of carrying out a revision of a water manual under this section. SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS. (a) Report on Flood Control Projects.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a report that includes, with respect to any State that is a drought State during water year 2015 or 2016-- (1) a list of each flood control project located in such a State; (2) the year during which the original water manual for each such project was approved; (3) the year or years during which any revisions to the water manual of any such project occurred or are requested to occur; (4) a list of each such project for which operational deviations for drought contingency have been requested, and the status of such request; (5) a list of each such project for which permanent or seasonal changes to storage allocations have been requested, and the status of such request; and (6) a description of the means by which water conservation and water quality improvements were addressed in any response to a request under paragraph (4) or (5). (b) Incorporation of Prior Studies.--The Secretary shall incorporate into the report under subsection (a) any information or finding that is-- (1) included in or gathered for a report required by section 1046(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2319 note); and (2) relevant to the subject matter of the report under subsection (a) of this section. (c) Eligible Projects.--Not later than 60 days after the date on which the report under subsection (a) is submitted, the Secretary shall identify each flood control project-- (1) that is included in the report under subsection (a); (2) that includes a reservoir; and (3) for which a non-Federal interest has submitted to the Secretary a written request, pursuant to subsection (d), to revise the water manual for the project. (d) Written Request.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the manner in which a non-Federal interest for a flood control project may submit to the Secretary a written request under subsection (c)(3) to revise the water manual for the project. SEC. 4. EFFECTS. (a) Authorized Purposes of Projects.-- (1) No effect on existing purposes.--In accordance with all applicable laws, a revision of a water manual under section 2(a) may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project. (2) New purposes not authorized.--Nothing in this Act authorizes the Secretary to carry out, with respect to any flood control project, any activity for a purpose not authorized on the day before the date of enactment of this Act. (b) State Law.--Nothing in this Act-- (1) affects or modifies any obligation of the Secretary under State law; or (2) authorizes the diversion or use of water in a manner that is inconsistent with State water rights law. (c) Federal Law.--Nothing in this Act preempts or waives any provision of Federal law concerning the procedures that apply to a revision of a water manual. SEC. 5. DEFINITIONS. In this Act: (1) Drought state.--The term ``drought State'' means a State-- (A) for which the Governor has declared a drought; or (B) that contains at least one county for which the Secretary of Agriculture has designated a drought disaster. (2) Flood control project.--The term ``flood control project'' means a project operated, wholly or in part, for flood control, in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 709). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (4) Water manual.--The term ``water manual'' means, with respect to a flood control project, the water operations manual, the flood control rule curves, and the water control manual, as applicable.
Reservoir Operations Improvement Act This bill directs the U.S. Army Corps of Engineers to submit a report with respect to each drought state (a state for which the governor has declared a drought or that contains at least one county for which the Department of Agriculture has designated a drought disaster) during water year 2015 or 2016 that includes: a list of flood control projects in such state; the year during which the original water manual (water operations manuals, flood control rule curves, and water control manuals) for each project was approved; the years during which any revisions to a project's water manual occurred or are requested to occur; a list of projects for which operational deviations for drought contingency, and changes to storage allocations, have been requested and the status of such requests; and a description of the means by which water conservation and water quality improvements were addressed in any response to such requests. The Corps of Engineers shall: (1) identify each project included in the report that includes a reservoir and for which a non-federal interest has submitted a written request to revise the project's water manual; (2) revise the water manuals of not more than 15 of such projects; and (3) in collaboration with the National Oceanic and Atmospheric Administration, create a forecast-informed reservoir operations plan for each selected project. The water manual revision shall incorporate such plan, new watershed data, and the effects of any structural improvement completed after the date of the most recent prior revision of the water manual. A revision of a water manual may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eightmile Wild and Scenic River Act''. SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, CONNECTICUT. (a) Findings.--Congress finds that-- (1) the Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) required the Secretary to complete a study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System; (2) the segments of the Eightmile River that were assessed in the study continue to be in a free-flowing condition; (3) the segments of the Eightmile River contain outstanding resource values relating to-- (A) cultural landscapes; (B) water quality; (C) watershed hydrology; (D) unique species; (E) natural communities; (F) geology; and (G) watershed ecosystems; (4) the Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of those segments of the Eightmile River depend on the continued integrity and quality of the Eightmile River watershed; (B) those resource values that are manifested throughout the entire watershed; and (C) the continued protection of the entire watershed is intrinsically important to the designation of the Eightmile River under this Act; (5) the Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole; (6) during the study, the Eightmile River Wild and Scenic Study Committee prepared the Eightmile River Management Plan to establish objectives, standards, and action programs to ensure long-term protection of the outstanding values of the river, and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected land not owned by the United States; (7) the Eightmile River Wild and Scenic Study Committee-- (A) voted in favor of including the Eightmile River in the National Wild and Scenic Rivers System; and (B) included that recommendation as an integral part of the Eightmile River Watershed Management Plan; (8) the residents of the towns located adjacent to the Eightmile River and comprising most of its watershed, including Salem, East Haddam, and Lyme, Connecticut, as well as the boards of selectmen and land use commissions of those towns, voted-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek designation of the river as a component of the National Wild and Scenic Rivers System. (9) the General Assembly of the State of Connecticut enacted Public Act 05-18-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek the designation of the Eightmile River as a component of the National Wild and Scenic Rivers System. (b) Definitions.--In this Act: (1) Eightmile river.--The term ``Eightmile River'' means segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut that are designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (c). (2) Management plan.--The term ``Management Plan'' means the plan prepared by the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, known as the ``Eightmile River Watershed Management Plan'', and dated December 8, 2005. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by designating the undesignated paragraph relating to the White Salmon River, Washington, following paragraph (166) as paragraph (167); and (2) by adding at the end the following: ``(168) Eightmile River, Connecticut.--The following segments in the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior: ``(A) The 10.8-mile segment of the main stem of the Eightmile River, from Lake Hayward Brook to the Connecticut River at the mouth of Hamburg Cove, as a scenic river. ``(B) The 8.0-mile segment of the East Branch of the Eightmile River from Witch Meadow Road to the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook from the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond Brook to the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from Tisdale Brook to the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (d) Management.-- (1) In general.--The Secretary shall manage the Eightmile River in accordance with the Management Plan and such amendments to the Plan as the Secretary determines to be consistent with this section. (2) Management plan.--The Management Plan shall be considered to satisfy each requirement for a comprehensive management plan that is required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (e) Committee.--The Secretary shall coordinate the management responsibilities of the Secretary relating to the Eightmile River with the Eightmile River Coordinating Committee, as described in the Management Plan. (f) Cooperative Agreements.-- (1) In general.--Pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Secretary may enter into a cooperative agreement with-- (A) the State of Connecticut; (B) the towns of-- (i) Salem, Connecticut; (ii) Lyme, Connecticut; and (iii) East Haddam, Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency with management plan.--Each cooperative agreement authorized by this subsection-- (A) shall be consistent with the Management Plan; and (B) may include provisions for financial or other assistance from the United States. (g) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not-- (1) be administered as part of the National Park System; or (2) be subject to laws (including regulations) that govern the National Park System. (h) Land Management.-- (1) Zoning ordinances.--With respect to the Eightmile River, each zoning ordinance adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005 (including provisions for conservation of floodplains, wetland and watercourses associated with the segments), shall be considered to satisfy each standard and requirement under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The authority of the Secretary to acquire land for the purpose of managing the Eightmile River as a component of the National Wild and Scenic Rivers System shall be-- (A) limited to acquisition-- (i) by donation; or (ii) with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the Management Plan. (i) Watershed Approach.-- (1) Statement of policy.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and that watershed. (2) Covered tributaries.--The tributaries referred to in paragraph (1) include-- (A) Beaver Brook; (B) Big Brook; (C) Burnhams Brook; (D) Cedar Pond Brook; (E) Cranberry Meadow Brook; (F) Early Brook; (G) Falls Brook; (H) Fraser Brook; (I) Harris Brook; (J) Hedge Brook Lake Hayward Brook; (K) Malt House Brook; (L) Muddy Brook; (M) Ransom Brook; (N) Rattlesnake Ledge Brook; (O) Shingle Mill Brook; (P) Strongs Brook; (Q) Tisdale Brook; (R) Witch Meadow Brook; and (S) all other perennial streams within the Eightmile River watershed. (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.
Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments in the Eightmile River in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to: (1) manage Eightmile River in accordance with the Eightmile Watershed Management Plan, dated December 8, 2005, and such amendments to the Plan as the Secretary determines to be consistent with this Act; and (2) coordinate the management responsibilities of the Secretary relating to the River with the Eightmile River Coordinating Committee, as described in such Plan. Bars the Eightmile River from: (1) being administered as part of the National Park System; nor (2) being subject to laws and regulations that govern such System. Recognizes specified tributaries of the Eightmile River Watershed as integral to the protection and enhancement of the River and that watershed.
{"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``High Risk Protection Act of 2007''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``critical infrastructure'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (2) the term ``Department'' means the Department of Homeland Security; (3) the term ``high-threat area'' means an area determined to be a high-threat area under section 3(a)(1); (4) the term ``Secretary'' means the Secretary of Homeland Security; and (5) the term ``Urban Area Security Initiative Grant Program'' means the Urban Area Security Initiative Grant Program administered by the Department from funds appropriated for discretionary grants to high-threat, high-density urban areas. SEC. 3. FUNDING FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM. (a) In General.-- (1) Allocation based on risk only.--Notwithstanding any other provision of law, amounts appropriated to the Department for the Urban Area Security Initiative Grant Program shall be allocated based solely on risk (which shall include an evaluation of threats, vulnerabilities, and consequences and consideration of any previous terrorist attacks), as determined by the Secretary based on the considerations listed in subparagraphs (A) and (B) of paragraph (2). (2) Determination of high-threat areas.--In determining which areas qualify as high-threat areas for the Urban Area Security Initiative Grant Program, the Secretary shall consider-- (A) whether the area-- (i) contains critical infrastructure, including-- (I) skyscrapers and large commercial buildings; (II) transportation assets, including rail and mass transit, bridges and tunnels, and airports; (III) commuting populations; (IV) a national monument or icon; (V) a nuclear power plant or nonpower reactor; (VI) a seaport; (VII) a chemical facility; (VIII) a military facility; (IX) a Federal facility; (X) a dam; (XI) a nonnuclear electric power plant; (XII) a food or agriculture center; (XIII) an oil or natural gas refinery or pipeline; (XIV) a financial center; and (XV) a stadium or arena; and (ii) is located on an international border or coastline, including the number of border crossings; and (B) the population, population density, law enforcement investigative and enforcement activity, and tourism in the area. (3) Determination of allocation.--In allocating amounts among high-threat areas for the Urban Area Security Initiative Grant Program, the Secretary shall evaluate all threats (including threats to national monuments and icons) and critical infrastructure vulnerabilities located in high-threat areas using the considerations listed in subparagraphs (A) and (B) of paragraph (2). (b) Peer Review.--The Urban Area Security Initiative Grant Program shall not be subject to the peer review process of the Department. (c) Use of Funds.--Notwithstanding any other provision of law, funds made available under the Urban Area Security Initiative Grant Program may be used for overtime and other employment costs directly relating to the prevention of terrorist activities and any other activity determined to be necessary by the Secretary. (d) Reporting Regarding Grants.--Not later than 30 days before making a final allocation of grants to high-threat areas under the Urban Area Security Initiative Program, the Secretary shall submit to each Member of the Senate and the House of Representatives who represents a high-threat area a report regarding the proposed allocation of funds, including a description of the analysis of critical infrastructure used in making the proposed allocation. SEC. 4. REPORTING REGARDING DETERMINATION AND EVALUATION. The Secretary shall submit a report to the Committee on Homeland Security and Government Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives regarding the determination of high-threat areas, evaluation of threats, vulnerabilities, and consequences, and consideration of any previous terrorist attacks under section 3(a).
High Risk Protection Act of 2007 - Requires amounts appropriated to the Department of Homeland Security (DHS) for the Urban Area Security Initiative Grant Program to be allocated based solely on risk (which shall include an evaluation of threats, vulnerabilities, and consequences and consideration of any previous terrorist attacks). Directs the Secretary of Homeland Security: (1) in determining which areas qualify as high-threat areas, to consider whether the area contains critical infrastructure and is located on an international border or coastline and the area's population, population density, law enforcement investigative and enforcement activity, and tourism; and (2) in allocating amounts among high-threat areas, to evaluate all threats (including threats to national monuments and icons) and critical infrastructure vulnerabilities. Provides that the Program shall not be subject to the DHS peer review process. Allows funds made available under the Program to be used for overtime and other employment costs directly relating to the prevention of terrorist activities. Requires the Secretary to submit reports to each Member of Congress who represents a high-threat area regarding the proposed allocation of funds and to specified congressional committees on the determinations made.
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SECTION 1. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. (a) In General.-- (1) Widows.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (2) Widowers.--Section 202(f) of the Social Security Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2016.
This bill amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the widow's or widower's insurance benefit for any month to equal the greater of: (1) the primary insurance amount of a deceased individual (as under current law); or (2) in the case of a fully-insured widow or surviving divorced spouse, 75% of the sum of any old-age or disability insurance benefit to which the widow, widower, or surviving divorced spouse is entitled plus the primary insurance amount of the deceased individual.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Access and Reverse Commute Program Improvements Act of 2008''. SEC. 2. JOB ACCESS AND REVERSE COMMUTE PROGRAM. (a) Combined Applications.--Section 5316(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Combined applications.-- ``(A) In general.--A State may accept a single combined application for a project that will use funds provided under not less than 2 of the programs described in subparagraph (C). ``(B) Incentives.--For any State that determines to accept combined applications under subparagraph (A), the Secretary may-- ``(i) reduce the amount of the cost share required under a program described in subparagraph (C); ``(ii) increase the amount of funds the State may use for administrative expenses under a program described in subparagraph (C); or ``(iii) make a grant to the State for expenses relating to accepting combined applications. ``(C) Programs.--The programs described in this subparagraph are the program under this section, the elderly and disabled specialized transit program under section 5310, the new freedom program under section 5317, and any other program determined appropriate by the Secretary.''. (b) Job Access and Reverse Commute Formula Grants.-- (1) In general.--Section 5316 of title 49, United States Code, is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(E) subsidizing the costs associated with the transportation of low income high school students and young adults to career or technical education, job training, or apprenticeship programs.''; (B) in subsection (h)(2)-- (i) by striking ``operating assistance may not'' and inserting ``operating assistance-- ``(A) may not''; (ii) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(B) may not exceed 80 percent of the net operating costs of the project, if the State notifies the Secretary that it is necessary to achieve program goals.''; (C) in subsection (e), by adding at the end the following: ``(4) Transfers to states.--A local governmental authority may transfer to the State in which the local governmental authority is located any funds apportioned to the local governmental authority under this section. A State may use funds transferred under this paragraph for any eligible job access or reverse commute project under this section.''; and (D) by adding at the end the following: ``(j) Reporting and Certification Streamlining.-- ``(1) In general.--The Secretary may waive or streamline reporting and certification requirements relating to the program under this section at the request of a State if the Secretary determines that the primary goals of the program are still being met. ``(2) Study.--The Secretary shall conduct a study of the feasibility of the elimination, revision, or reduced frequency of collection for any reporting or certification requirements relating to the program under this section, particularly examining the burden on and needs of nonprofit organizations that receive funding and are unaccustomed to Federal Transit Administration regulations. ``(3) Flexibility.--The Secretary shall encourage flexibility and experimentation by allowing States to use other assessment and eligibility measures such as outcome based assessment of the transportation access improvements to targeted populations instead of documenting individuals either on a State-by-State trial basis or through the pilot program under subsection (k). ``(4) Workforce boards.--The Secretary shall-- ``(A) encourage coordination and review of applications by local workforce boards; and ``(B) consider using workforce board reviews as an alternative to streamline reporting requirements. ``(k) Pilot Program.-- ``(1) In general.--The Secretary may carry out a pilot program to make grants to recipients to-- ``(A) improve education and employment related transportation for eligible teens and young adults, such as linking high schools to technical colleges, job centers, and apprenticeships; ``(B) evaluate streamlined reporting and certification requirements developed under subsection (j) in order to determine whether the requirements still ensure sufficient accountability and whether the projects are still primarily addressing the goals of this section; ``(C) support more comprehensive projects that are integrated with other Federal, State, and local transportation and human service programs while ensuring the paperwork burden is minimized, including-- ``(i) bundling funds from and allowing combined applications with streamlined reporting requirements for other programs of the Department of Transportation (such as the elderly and disabled specialized transit program under section 5310 and the new freedom program under section 5317) or other Federal departments and agencies (such as the Department of Labor, the Department of Health and Human Services, and the Department of Education) to address more comprehensive human service transportation needs; ``(ii) developing programs that cross local government boundaries and involve multiple localities, particularly programs that serve more than 1 of the categories of areas described in subparagraph (A), (B), or (C) of subsection (c)(1); and ``(iii) developing comprehensive projects that integrate workforce development with transportation needs during the different phases of training and job placement. ``(2) Authorization.--There shall be available from the Mass Transit Account of the Highway Trust Fund $10,000,000 for each of fiscal years 2010 through 2014 to carry out this subsection. ``(l) Continuation and Expansion of JARC Technical Assistance and Clearinghouse.-- ``(1) In general.--The Secretary shall continue technical assistance and peer-to-peer network activities being carried out on the date of enactment of this subsection and expand the assistance and activities as appropriate, so that the Department supports efforts that-- ``(A) act as an information clearinghouse and information network; ``(B) provide technical assistance to potential applicants for a grant under this section; ``(C) provide technical assistance to grant recipients in meeting Federal reporting and certification requirements, especially entities such as first-time grant recipients and small nonprofit organizations; ``(D) conduct outreach and education of employers and employees regarding transportation assistance, including tax benefits for providing fringe benefits and earned income tax credit benefits for employees; and ``(E) as appropriate, coordinate the combined activities of and support memorandums of understanding between related Federal programs in the Department of Transportation or another Federal department or agency, such as the Department of Labor, the Department of Housing and Urban Development, the Economic Development Agency, or the Department of Education. ``(2) Authorization of appropriations.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2010 through 2014 to carry out expanded technical assistance and peer-to-peer network activities under this subsection.''. (2) Authorization.--Section 5338 of title 49, United States Code, is amended by adding at the end the following: ``(h) Job Access and Reverse Commute Formula Grants.-- ``(1) In general.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5316 of this title-- ``(A) $185,000,000 for fiscal year 2010; ``(B) $205,000,000 for fiscal year 2011; ``(C) $225,000,000 for fiscal year 2012; ``(D) $245,000,000 for fiscal year 2013; and ``(E) $265,000,000 for fiscal year 2014. ``(2) Availability of amounts.--Amounts made available by paragraph (1) shall remain available until expended.''. (c) Application.--Subparagraph (B) of section 5316(h)(2) of title 49, United States Code, as added by subsection (b) of this section, shall apply to unexpended amounts made available before, on, or after the date of enactment of this Act. (d) Offset.--Any amounts authorized to carry out a project under section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 256) for which no funds had been obligated as of June 9, 2008, are rescinded.
Job Access and Reverse Commute Program Improvements Act of 2008 - Revises the job access and reverse commute (JARC) program to authorize a state to accept a single combined application for a project funded from at least two of the following programs that provide individuals with transportation to and from a job: (1) the JARC program; (2) the elderly and disabled specialized transit program; (3) the new freedom program (for disabled workers); and (4) any other program the Secretary deems appropriate. Makes eligible for JARC formula grant funding the subsidizing of costs associated with the transportation of low income high school students and young adults to career or technical education, job training, or apprenticeship programs. Authorizes the Secretary of Transportation, at state request, to waive or streamline JARC program reporting and certification requirements, provided program goals are met. Directs the Secretary to study the feasibility of eliminating, revising, or reducing frequency of collection for any reporting or certification requirements relating to the JARC formula grant program, particularly examining the burden on and needs of nonprofit organizations that receive funding and are unaccustomed to Federal Transit Administration (FTA) regulations. Authorizes the Secretary to carry out a grant pilot program to: (1) improve education and employment related transportation activities for eligible teens and young adults; (2) evaluate streamlined reporting and certification requirements; and (3) support more comprehensive projects integrated with other federal, state, and local transportation and human service programs, while ensuring the paperwork burden is minimized. Requires the Secretary to continue and expand JARC technical assistance activities so that the Department of Transportation supports various specified efforts, including those that act as an information clearinghouse and information network.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National AMBER Alert Network Act of 2002''. SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. The officer so designated shall be known as the AMBER Alert Coordinator of the Department of Justice. (b) Duties.--In acting as the national coordinator of the AMBER Alert communications network, the Coordinator shall-- (1) seek to eliminate gaps in the network, including gaps in areas of interstate travel; (2) work with States to encourage the development of additional elements (known as local AMBER plans) in the network; (3) work with States to ensure appropriate regional coordination of various elements of the network; and (4) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts on abducted children through the network. (c) Consultation With Federal Bureau of Investigation.--In carrying out duties under subsection (b), the Coordinator shall notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an alert is issued through the AMBER Alert communications network. (d) Cooperation.--The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH AMBER ALERT COMMUNICATIONS NETWORK. (a) Establishment of Minimum Standards.--Subject to subsection (b), the AMBER Alert Coordinator of the Department of Justice shall establish minimum standards for-- (1) the issuance of alerts through the AMBER Alert communications network; and (2) the extent of the dissemination of alerts issued through the network. (b) Limitations.--(1) The minimum standards established under subsection (a) shall be adoptable on a voluntary basis only. (2) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the AMBER Alert communications network be limited to the geographic areas most likely to facilitate the recovery of the abducted child concerned. (3) In carrying out activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the AMBER Alert communications network. (c) Cooperation.--(1) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. (2) The Coordinator shall also cooperate with local broadcasters and State and local law enforcement agencies in establishing minimum standards under this section. SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN. (a) Program Required.--The Secretary of Transportation shall carry out a program to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development or enhancement of electronic message boards along highways and the placement of additional signage along highways; and (2) the development or enhancement of other means of disseminating along highways alerts and other information for the recovery of abducted children. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Secretary shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Secretary shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Transportation $20,000,000 for fiscal year 2003 to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS. (a) Program Required.--The Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to AMBER Alert communications plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to AMBER Alert communications plans; and (3) such other activities as the Secretary considers appropriate for supporting the AMBER Alert communications program. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Justice $5,000,000 for fiscal year 2003 to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.
National AMBER Alert Network Act of 2002 - Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. Requires the coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; and (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network.Directs the Coordinator to: (1) notify and consult with the Federal Bureau of Investigation concerning each child abduction for which an AMBER Alert is issued; and (2) establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child).Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways.Directs the Attorney General to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the steel industry of the United States. (2) Certain buildings and other structures in the Commonwealth of Pennsylvania are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge. (3) Despite substantial efforts for cultural preservation and historical interpretation by the Commonwealth of Pennsylvania and by individuals and public and private entities in the Commonwealth, these buildings and other structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to ensure the preservation, interpretation, visitor enjoyment, and maintenance of the nationally significant historical and cultural sites and structures described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Establishment.--The Steel Industry National Historic Site is hereby established as a unit of the National Park System in the Commonwealth of Pennsylvania. (b) Description.-- (1) Inclusion of certain property.--Subject to paragraph (2), the historic site shall consist of the following properties, each of which relate to the former United States Steel Homestead Works, as depicted on the map entitled ``Steel Industry National Historic Site'', dated November 2003, and numbered 80,000: (A) The historic location of 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. (B) The historic location of 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. (C) The historic location of 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, Pennsylvania. (2) Availability of map.--The map referred to in paragraph (1) shall be available for public inspection in an appropriate office of the National Park Service. (c) Acquisition of Property.-- To further the purposes of this section, the Secretary of the Interior may acquire, only by donation, property for inclusion in the historic site as follows: (1) Any land or interest in land with respect to the property identified in subsection (b)(1). (2) Up to 10 acres of land adjacent to or in the general proximity of the property identified in such subsection, for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (3) Personal property associated with, and appropriate for, the interpretation of the historic site. (d) Private Property Protections.--Nothing in this Act shall be construed-- (1) to require any private property owner to permit public access (including Federal, State, or local government access) to the private property; or (2) to modify any provision of Federal, State, or local law with regard to public access to or use of private property. (e) Administration.--The Secretary of the Interior shall administer the historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (f) Cooperative Agreements.-- (1) In general.--Until such time as the Secretary of the Interior has acquired the property identified in subsection (b)(1), as depicted on the map referred to in such subsection, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the purposes of the historic site. (2) Contrary purposes.--Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of the historic site, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (g) Technical Assistance.--The Secretary of the Interior may provide technical assistance to any person for-- (1) the preservation of historic structures within the historic site; and (2) the maintenance of the natural and cultural landscape of the historic site. (h) General Management Plan.-- (1) Preparation.--Not later than three years after the date on which funds are first made available to carry out this Act, the Secretary of the Interior shall prepare a general management plan for the historic site that will incorporate or otherwise address substantive comments made during the consultation required by paragraph (2). (2) Consultation.--The Secretary shall prepare the general management plan in consultation with-- (A) an appropriate official of each appropriate political subdivision of the Commonwealth of Pennsylvania that has jurisdiction over all or a portion of the lands included in the historic site; (B) an appropriate official of the Steel Industry Heritage Corporation; and (C) private property owners in the vicinity of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.
Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Requires the Historic Site to consist of the following properties (the properties) which relate to the former U.S. Steel Homestead Works: (1) the Battle of Homestead site; (2) the Carrie Furnace complex; and (3) the Hot Metal Bridge. Authorizes the Secretary of the Interior to acquire only by donation the following property for inclusion within the Site: (1) any land or interest in land in the properties; (2) up to ten acres of land adjacent to or in the general proximity of such properties for the development of visitor, administrative, museum, curatorial, and maintenance facilities; and (3) personal property associated with and appropriate for interpretation of such Site. Prohibits anything in this Act from being construed to: (1) require any private property owner to permit public access (including Federal, State, or local government access) to the private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. Allows the Secretary, until such time as the Secretary has acquired the properties, to enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the historic purposes of the Site. Provides that, any payment made by the Secretary pursuant to a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of the Site shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds at the time of such conversion, use, or disposal, whichever is greater. Authorizes the Secretary to provide technical assistance for the: (1) preservation of historic structures within the Site; and (2) maintenance of the natural and cultural landscape of such Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site, which will incorporate or otherwise address substantive comments made during consultation with: (1) an appropriate official of each appropriate political subdivision of Pennsylvania that has jurisdiction over all or part of the lands included in the Site; (2) an appropriate official of the Steel Industry Heritage Corporation; and (3) private property owners in the vicinity of such Site.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Kickbacks in Recovery Act of 2018''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following: ``Sec. 220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories ``(a) Offense.--Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully-- ``(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or ``(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind-- ``(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or ``(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory, shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence. ``(b) Applicability.--Subsection (a) shall not apply to-- ``(1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity; ``(2) a payment made by an employer to an employee or independent contract (who has a bona fide employment or contractual relationship with such employer) for employment, if the employee's payment is not determined by or does not vary by-- ``(A) the number of individuals referred to a particular recovery home, clinical treatment facility, or laboratory; ``(B) the number of tests or procedures performed; or ``(C) the amount billed to or received from, in part or in whole, the health care benefit program from the individuals referred to a particular recovery home, clinical treatment facility, or laboratory; ``(3) a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the Medicare coverage gap discount program under section 1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w- 114a(g)); ``(4) a payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section 1001.952(d) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section; ``(5) a waiver or discount (as defined in section 1001.952(h)(5) of title 42, Code of Federal Regulations, or any successor regulation) of any coinsurance or copayment by a health care benefit program if-- ``(A) the waiver or discount is not routinely provided; and ``(B) the waiver or discount is provided in good faith; ``(6) a remuneration described in section 1128B(b)(3)(I) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)(I)); ``(7) a remuneration made pursuant to an alternative payment model (as defined in section 1833(z)(3)(C) of the Social Security Act) or pursuant to a payment arrangement used by a State, health insurance issuer, or group health plan if the Secretary of Health and Human Services has determined that such arrangement is necessary for care coordination or value- based care; or ``(8) any other payment, remuneration, discount, or reduction as determined by the Attorney General, in consultation with the Secretary of Health and Human Services, by regulation. ``(c) Rule of Construction.--Neither actual knowledge of this section nor specific intent to commit a violation of this section shall be an element of an offense under this section. ``(d) Regulations.--The Attorney General, in consultation with the Secretary of Health and Human Services, may promulgate regulations to clarify the exceptions described in subsection (b). ``(e) Definitions.--In this section-- ``(1) the terms `applicable beneficiary' and `applicable drug' have the meanings given those terms in section 1860D- 14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g)); ``(2) the term `clinical treatment facility' means a medical setting, other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law; ``(3) the term `health care benefit program' has the meaning given the term in section 24(b); ``(4) the term `laboratory' has the meaning given the term in section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(5) the term `recovery home' means a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by inserting after the item related to section 219 the following: ``220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories.''.
Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home, clinical treatment facility, or laboratory, subject to limitations. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013''. SEC. 2. FINDINGS. Congress finds as follows: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent for children and adolescents under age 20. (3) As of June 2013, there are more than 360,000 childhood cancer survivors living in the United States. (4) As many as \2/3\ of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as \1/4\ experiencing a late effect that is serious or life-threatening. The most common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects and secondary malignancies. (5) The late effects of cancer treatment may change as treatments evolve, which means that the monitoring and treatment of cancer survivors may need to be modified on a routine basis. (6) The Institute of Medicine, in its report on cancer survivorship entitled ``Childhood Cancer Survivorship: Improving Care and Quality of Life'', states that an organized system of care and a method of care for pediatric cancer survivors is needed. SEC. 3. CANCER SURVIVORSHIP PROGRAMS. (a) Cancer Survivorship Programs.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417H. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR PEDIATRIC CANCER SURVIVORS. ``(a) In General.--The Secretary may make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a medical school; ``(2) a children's hospital; ``(3) a cancer center; or ``(4) any other entity with significant experience and expertise in treating survivors of childhood cancers. ``(c) Use of Funds.--The Secretary may make a grant under this section to an eligible entity only if the entity agrees-- ``(1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and ``(2) in developing, studying, and evaluating such systems, to give special emphasis to-- ``(A) the design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs); ``(B) the development of various models for providing multidisciplinary care; ``(C) the dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families; ``(D) the development of support programs to improve the quality of life of cancer survivors; ``(E) the design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care); ``(F) the dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) to cancer survivors and their families, where appropriate; and ``(G) the development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. ``SEC. 417H-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS. ``(a) In General.--Not later than 1 year after the date of enactment of the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013, the Secretary may convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this section as the `Collaborative'). The Collaborative shall be a cross- specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services. ``(b) Goals and Reports.--The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: ``(1) Identifying, refining, and broadly disseminating to healthcare educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to individuals with pediatric cancers. ``(2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. ``(3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. ``(4) Strengthening the emphasis on psychosocial healthcare in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. ``(5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. ``(6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018.''. (b) Technical Amendment.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``section 419C'' and inserting ``section 417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107-172; 116 Stat. 541).
Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Surface Transportation Act of 2001''. SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES. (a) Obligation Limitation.--Section 1102(c)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note) is amended-- (1) by striking ``Code, and'' and inserting ``Code,''; and (2) by inserting before the semicolon the following: ``, and for each of fiscal years 2002 and 2003, amounts authorized for Indian reservation roads under section 204 of title 23, United States Code''. (b) Pilot Program.--Section 202(d)(3) of title 23, United States Code, is amended by adding at the end the following: ``(C) Federal lands highway program demonstration project.-- ``(i) In general.--The Secretary shall establish a demonstration project under which all funds made available under this title for Indian reservation roads and for highway bridges located on Indian reservation roads as provided for in subparagraph (A), shall be made available, upon request of the Indian tribal government involved, to the Indian tribal government for contracts and agreements for the planning, research, engineering, and construction described in such subparagraph in accordance with the Indian Self-Determination and Education Assistance Act. ``(ii) Exclusion of agency participation.-- In accordance with subparagraph (B), all funds for Indian reservation roads and for highway bridges located on Indian reservation roads to which clause (i) applies, shall be paid without regard to the organizational level at which the Federal lands highway program has previously carried out the programs, functions, services, or activities involved. ``(iii) Selection of participating tribes.-- ``(I) Participants.-- ``(aa) In general.--The Secretary shall select 12 geographically diverse Indian tribes in each fiscal year from the applicant pool described in subclause (II) to participate in the demonstration project carried out under clause (i). ``(bb) Consortia.--Two or more Indian tribes that are otherwise eligible to participate in a program or activity to which this title applies may form a consortium to be considered as a single tribe for purposes of becoming part of the applicant pool under subclause (II). ``(cc) Funding.--An Indian tribe participating in the pilot program under this subparagraph shall receive funding in an amount equivalent to the funding that such tribe would otherwise receive pursuant to the funding formula established under section 1115(b) of the Transportation Equity Act for the 21st Century, plus an additional percentage of such amount, such additional percentage to be equivalent to the percentage of funds withheld during the fiscal year involved for the road program management costs of the Bureau of Indian Affairs under section 202(f)(1) of title 23, United States Code. ``(II) Applicant pool.--The applicant pool described in this subclause shall consist of each Indian tribe (or consortium) that-- ``(aa) has successfully completed the planning phase described in subclause (III); ``(bb) has requested participation in the demonstration project under this subparagraph through the adoption of a resolution or other official action by the tribal governing body; and ``(cc) has, during the 3- fiscal year period immediately preceding the fiscal year for which participation under this subparagraph is being requested, demonstrated financial stability and financial management capability through a showing of no material audit exceptions by the Indian tribe during such period. ``(III) Criteria for determining financial stability and financial management capacity.--For purposes of this subparagraph, evidence that, during the 3-year period referred to in subclause (II)(cc), an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self- determination contracts or self- governance funding agreements with any Federal agency shall be conclusive evidence of the required stability and capability. ``(IV) Planning phase.--An Indian tribe (or consortium) requesting participation in the project under this subparagraph shall complete a planning phase that shall include legal and budgetary research and internal tribal government and organization preparation. The tribe (or consortium) shall be eligible to receive a grant under this subclause to plan and negotiate participation in such project.''. (c) Administration.--Section 202 of title 23, United States Code, is amended by adding at the end thereof the following: ``(f) Indian Reservation Roads, Administration.-- ``(1) In general.--Notwithstanding any other provision of law, not to exceed 6 percent of the contract authority amounts made available from the Highway Trust Fund to the Bureau of Indian Affairs shall be used to pay the administrative expenses of the Bureau for the Indian reservation roads program and the administrative expenses related to individual projects that are associated with such program. Such administrative funds shall be made available to an Indian tribal government, upon the request of the government, to be used for the associated administrative functions assumed by the Indian tribe under contracts and agreements entered into pursuant to the Indian Self-Determination and Education Assistance Act. ``(2) Health and safety assurances.--Notwithstanding any other provision of law, an Indian tribe or tribal organization may commence road and bridge construction under the Transportation Equity Act for the 21st Century (25 U.S.C. 104) that is funded through a contract or agreement under the Indian Self-Determination and Education Assistance Act so long as the Indian tribe or tribal organization has-- ``(A) provided assurances in the contract or agreement that the construction will meet or exceed proper health and safety standards; ``(B) obtained the advance review of the plans and specifications from a licensed professional who has certified that the plans and specifications meet or exceed the proper health and safety standards; and ``(C) provided a copy of the certification under subparagraph (B) to the Bureau of Indian Affairs. ``(g) Indian Reservation Roads Program, Safety Incentive Grants.-- ``(1) Seat belt safety incentive grant eligibility.-- Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive allocations under section 157 to assist Indian communities in developing innovative programs to promote increased seat belt use rates. ``(2) Intoxicated driver safety incentive grant eligibility.--Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive grant funding under section 163 to assist Indian communities in the prevention of the operation of motor vehicles by intoxicated persons. ``(3) Grant funding procedures and eligibility criteria.-- The Secretary, in consultation with Indian tribal governments, may develop funding procedures and eligibility criteria applicable to Indian tribes with respect to allocations or grants described in paragraphs (1) and (2). The Secretary shall ensure that any such procedures or criteria are published annually in the Federal Register.''.
Indian Tribal Surface Transportation Act of 2001 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to prohibit the Secretary of Transportation from distributing the obligation authority for Federal-aid highway and highway safety construction programs for FY 2002 and 2003 with respect to amounts authorized for Indian reservation roads under the Federal Lands Highways Program.Directs the Secretary of Transportation to establish a demonstration project under which all funds made available for Indian reservation roads and highway bridges located on such roads shall be made available to an Indian tribal government, upon its request, for contracts and agreements for planning, research, engineering, and construction of any highway, road, bridge, parkway, or transit facility that provides access to or is located within the reservation or community of the Indian tribe.Deems an Indian tribe eligible to participate in the Indian reservation roads program to be a State eligible for: (1) safety incentive allocations to assist Indian communities in developing innovative programs to promote increased seat belt use rates; and (2) safety incentive grant funding to assist such communities in the prevention of the operation of motor vehicles by intoxicated persons.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Food and Fuel for America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Volumetric Excise Tax Credit was created to encourage gasoline refiners to blend domestically produced corn ethanol into the Nation's gasoline supplies. (2) The 54-cent temporary tariff on imported ethanol was created to encourage the development of a domestic grain ethanol industry. (3) Domestic corn ethanol production has increased five- fold since 2000 to more than 9,000,000,000 gallons of corn ethanol produced at more than 150 facilities. (4) Domestic corn ethanol production will soon exceed 12,000,000,000 gallons, diverting at least one-third of the Nation's corn supply from food and feed to fuel. (5) Federal ethanol mandates require gasoline refiners to blend 15,000,000,000 gallons of ethanol into gasoline supplies by 2015. (6) The United States is now the world's largest producer of ethanol and our domestic corn ethanol industry is no longer in need of tax subsidies or tariffs. (7) In combination, the rapid growth of the corn ethanol industry and Federal ethanol mandates has made the tax credit for corn ethanol and tariff obsolete. (8) Scarce Federal resources should be dedicated to the development of new and emerging sources of renewable energy, including biomass fuels that meet environmental goals. SEC. 3. REDUCTION OF INCOME TAX CREDIT FOR ALCOHOL USED AS A FUEL. (a) In General.--The table in section 40(h)(2) of the Internal Revenue Code of 1986 is amended by striking the last row and inserting the following new rows: ------------------------------------------------------------------------ 2009.......................... 28 cents 22 cents 2010.......................... 21 cents 16 cents 2011.......................... 16 cents 12 cents 2012.......................... 11 cents 9 cents 2013.......................... 7 cents 6 cents 2014.......................... 0 0. ------------------------------------------------------------------------ (b) Conforming Amendments.-- (1) Extension of credit.--Section 40(e)(1) of such Code is amended-- (A) by striking ``2010'' in subparagraph (A) and inserting ``2013,'', and (B) by striking ``2011'' in subparagraph (B) and inserting ``2014''. (2) Repeal of delayed reduction.--Section 40(h) of such Code is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to alcohol produced, and sold or used, in taxable years beginning after the date of the enactment of this Act. SEC. 4. REDUCTION OF EXCISE TAX CREDIT FOR ALCOHOL FUEL MIXTURES. (a) In General.--Section 6426(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking clause (ii), and by inserting after clause (i) the following new clauses: ``(ii) in the case of calendar year 2009, 28 cents, ``(iii) in the case of calendar year 2010, 21 cents, ``(iv) in the case of calendar year 2011, 16 cents, ``(v) in the case of calendar year 2012, 11 cents, ``(vi) in the case of calendar year 2013, 7 cents, and ``(vii) in the case of calendar year 2014 and thereafter, zero cents.''. (b) Conforming Amendments.-- (1) Section 6426(b) of such Code is amended-- (A) by striking subparagraph (C) of paragraph (2), and (B) by striking paragraph (6). (2) Section 6427(e)(5)(A) of such Code is amended by striking ``2010'' and inserting ``2013''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 5. REDUCTION AND ELIMINATION OF TARIFFS ON ETHANOL. (a) Reduction of Temporary Tariff Duty on Imported Ethanol.-- (1) Calendar year 2009.-- (A) In general.--Heading 9901.00.50 of Subchapter 1 of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking ``14.27 cents'' each place it appears and inserting ``8 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2009, and before January 1, 2010. (C) Retroactive application.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bureau of Customs and Border Protection before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any good-- (i) that was made on or after January 1, 2009 and before the date of the enactment of this Act; and (ii) with respect to which there would have been a lower rate of duty if the amendment made by this subsection applied to such entry, or withdrawal, shall be liquidated or reliquidated as if such amendment applied to such entry or withdrawal. (2) Calendar year 2010.-- (A) In general.--Such heading is amended by striking ``14.8 cents'' each place it appears and inserting ``6 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2010, and before January 1, 2011. (3) Calendar year 2011.-- (A) In general.--Such heading is amended by striking ``11.1 cents'' each place it appears and inserting ``4 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2011, and before January 1, 2012. (4) Calendar year 2012.-- (A) In general.--Such heading is amended by striking ``8.5 cents'' each place it appears and inserting ``3 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2012, and before January 1, 2013. (5) Calendar year 2013.-- (A) In general.--Such heading is amended by striking ``5.8 cents'' each place it appears and inserting ``2 cents''. (B) Applicability.--The amendment made by subparagraph (A) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2013, and before January 1, 2014. (b) Duty-free Treatment Beginning in 2014.-- (1) Addition of alternative fuels subchapter.--Chapter 98 of the Harmonized Tariff Schedule is amended by adding at the end the following new subchapter: ``Subchapter XXIII Alternative Fuels ---------------------------------------------------------------------------------------------------------------- Rates of Duty --------------------------------------------------------------------- Heading/Subheading Article Description 1 ----------------------------------------------- 2 General Special ---------------------------------------------------------------------------------------------------------------- 9823.01.01 Ethyl alcohol Free Free 20%''. (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses................. ---------------------------------------------------------------------------------------------------------------- (2) Conforming amendments.--Subchapter I of chapter 99 of the Harmonized Tariff Schedule is amended-- (A) by striking heading 9901.00.50; and (B) by striking U.S. notes 2 and 3. (3) Effective date.--The amendments made by this subsection shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2014. SEC. 6. SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the organization ``Feeding America'' formerly known as America's Second Harvest, issued the results of a national study on hunger and poverty in America and found that for 1 in 8 Americans hunger is a reality, that the numbers of hungry Americans is on the rise, and 37.3 million people lived in poverty, including over 7.6 million families, 3.6 million seniors, and over 13.3 million children under the age of 18; (2) the Department of Agriculture, Economic Research Service, found that an estimated 35.5 million Americans are food insecure, meaning their access to enough food is limited by a lack of money and other resources; (3) the Center for Budget and Policy Priorities reports that ``the current downturn is likely to cause significant increases both in the number of Americans who are poor and the number living in `deep poverty,' with incomes below half of the poverty line. Because this recession is likely to be deep and the government safety net for very poor families who lack jobs has weakened significantly in recent years, increases in deep poverty in this recession are likely to be severe''; (4) World Hunger Year (WHY), a non-profit organization which operates a national hunger hotline with funding from the Department of Agriculture, has experienced a significant increase in calls for food assistance or information about where to find food, shelter, child-care, or job-finding assistance; and (5) the production of cellulosic and advanced biofuels in the United States will assist the Nation in becoming less vulnerable to foreign supplies of oil, will create a significant number of jobs, and could achieve significant reductions in the generation of greenhouse gas emissions as determined by several recent studies. (b) Sense of Congress.--It is the sense of Congress that the savings achieved under this Act should be used to combat hunger in the United States and to develop domestic supplies of cellulosic and advanced biofuels by being used to-- (1) increase the assistance provided for Federal nutrition programs administered by the Secretary of Agriculture, including school nutrition programs; (2) provide assistance to non-profit organizations dedicated to responding to the needs of low-income families in the United States; and (3) provide loan guarantees or grants to companies ready to construct cellulosic and advanced biofuel processing facilities in the United States.
Affordable Food and Fuel for America Act - Amends the Internal Revenue Code to phaseout the income and excise tax credits for alcohol-based fuels and eliminate such credits in 2014. Amends the Harmonized Tariff Schedule of the United States to phaseout the tariff on ethanol and provide duty free treatment of ethanol in 2014. Expresses the sense of Congress that the savings achieved by this Act should be used to combat hunger in the United States and to develop domestic supplies of cellulosic and advanced biofuels.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Anti-Sex Offender Protection Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) Immigration law allows citizens and aliens lawfully admitted for permanent residence to bring foreign family members to the United States on the basis of immediate relative status or a preference classification. (2) Immediate relative status and preference classifications are obtained by filing petitions with the Secretary of Homeland Security. (3) For national security purposes, the Secretary of Homeland Security conducts background checks on the beneficiaries of such petitions and, since September 11, 2001, on the petitioners as well. (4) The Government Accountability Office (GAO) has determined that, in fiscal year 2005, at least 398 of the petitioners who filed family-based visa petitions were on the National Sex Offender Registry maintained by the Federal Bureau of Investigations. (5) GAO was only able to ascertain the nature of the sex offense for 194 of the 398 petitioners. (6) GAO was able to ascertain, however, that 119 of the convictions were for sex assault, 35 for child fondling, 9 for strong arm rape, 9 for carnal abuse combined with a sexual assault, 7 were for statutory rape, 4 for crimes against persons, 3 for indecent exposure, 2 for kidnapping, 2 for obscene material possession, 1 for exploitation of a minor with photographs, 1 for incest with a minor, 1 for sodomizing a boy, and 1 for restricting movement. (7) At least 14 of the 398 petitioners were classified as ``sexual predators'', which means a determination had been made that they are likely to commit additional sex offenses. (8) At least 45 of the petitioners were convicted of sex offenses against children. (9) The Immigration and Nationality Act does not provide the Secretary of Homeland Security with authorization to deny family-based petitions on the basis of a petitioner's conviction for a sex offense, even when the conviction record indicates that a spouse or a child beneficiary may be in grave danger. SEC. 3. DISCRETIONARY AUTHORITY TO DENY FAMILY-SPONSORED CLASSIFICATION PETITION BY PETITIONER LISTED ON NATIONAL SEX OFFENDER REGISTRY. Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(l) Authority to Deny Family-Based Petition by Petitioner Listed on National Sex Offender Registry.-- ``(1) In general.--The Secretary Homeland Security may, in the discretion of the Secretary, deny a petition under subsection (a) for classification of a spouse or child if-- ``(A) the Secretary has confirmed that the petitioner is on the national sex offender registry maintained by the Federal Bureau of Investigation for a conviction that individually (disregarding any aggregation due to any other conviction) resulted in incarceration for more than 1 year; ``(B) the petitioner has been given at least 90 days to establish that the petitioner is not the person named on the registry or that the conviction did not result in incarceration for more than 1 year and has failed to establish such fact; and ``(C) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(2) Determining danger.--In making the determination under paragraph (1)(C), the Secretary shall use the following principles: ``(A) Nature of the relationship.--In evaluating a petitioner who has filed a petition for a spouse, consideration should be given to indications of how well the petitioner and the spouse know each other. Petitions filed on the basis of marriages between men and women who have had little direct, personal contact with each other should be viewed with suspicion. In cases where the petitioner and the spouse have had little direct, personal contact with each other, evidence should be submitted to establish that they have gotten to know each other in some other way. ``(B) Nature of the sex offense.--Consideration should be given to when each offense occurred for which the petitioner was incarcerated for more than a year, how serious it was, the sentence that was imposed, how long the petitioner was incarcerated, the age of the petitioner when it was committed, and the characteristics of the victim. ``(C) Rehabilitation.--Evidence of rehabilitation should be evaluated with respect to whether it diminishes the risk of sexual abuse to the primary or derivative spouse or child beneficiaries. ``(D) Previous visa petitions.--The records for any previous petitions shall be examined to determine whether they provide or might lead to evidence that is pertinent to determining whether granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(3) Rebuttal.--If the Secretary intends to deny a petition under paragraph (1), the Secretary shall provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence. Rebuttal should focus primarily on the factors that led the Secretary to believe that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(4) Post-denial remedies.-- ``(A) Appeal.--All final denials under paragraph (1) may be appealed to the Board of Immigration Appeals. ``(B) New petition.--The petitioner may file a new petition whenever the petitioner has additional evidence that the petitioner believes might be sufficient to warrant granting the new petition. ``(5) Disclosure by the secretary of homeland security to beneficiaries.--In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall give the petitioner at least 90 days to establish that the petitioner is not the person named on the registry. If the petitioner fails to establish that the petitioner is not the person named on the registry within the time allotted, the Secretary shall provide the beneficiaries with a written copy of the information on the registry that is available to the public before making a decision on the petition. The beneficiary shall be informed that the registry information is based on available records and may not be complete. ``(6) Disclosure to department of state.--In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall provide the Secretary of State with-- ``(A) a separate document with information about the record on the national sex offender registry that is available to the public; ``(B) any additional information it has that raises concern that a primary or derivative spouse or child beneficiary may be subject to sexual abuse, including information from the registry that is not available to the public; and ``(C) information about any previous petitions under subsection (a) filed by the petitioner. ``(7) Disclosure by consular officer to beneficiaries.-- When a petition under subsection (a) is granted, if the petition is filed by a petitioner who has failed to make the demonstration of mis-identification described in paragraph (5), the consular officer shall conduct an interview with the primary or derivative spouse or child beneficiary of the petition before issuing a visa to the beneficiary. At least part of the interview must be held without the presence of the petitioner. During the private part of the interview, the beneficiary will be given a written copy of the information about the petitioner from the registry that is available to the public. This document must be written in the beneficiary's primary language. The consular officer is required to advise the beneficiary that approval of the visa petition does not mean that there are no reasons to be concerned about his or her safety. ``(8) Additional responsibilities of consular officer.--The consular officer may return files to the Secretary of Homeland Security for further consideration in cases where the consular officer is concerned that granting the visa might put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. When returning a file under the previous sentence, the consular officer may add any additional information or observations the officer has that might have a bearing on whether the visa should be granted, including the results of any field examination that has been conducted.''. SEC. 4. REMOVAL OF CONDITIONAL PERMANENT RESIDENT STATUS. (a) Identify and Provide Assistance for Spouses and Children Who Are Subject to Sexual Abuse or Related Types of Harm.--Section 216(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(3)) is amended-- (1) by inserting before ``The interview'' the following: ``(A) In general.--Subject to subparagraph (B), the interview''; and (2) by adding at the end the following: ``(B) Petitioner listed on national sex offender registry.--In all cases where the Secretary of Homeland Security has confirmed that a petitioning spouse is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of the conditional status, and at least part of the interview shall be held without the presence of the petitioning spouse. During the private portion of the interview, questions will be asked to determine whether an investigation should be conducted regarding the welfare of the alien spouse, or any alien son or daughter. If it is determined that any alien spouse, son, or daughter is being abused or harmed by the petitioning spouse, the victim shall be offered whatever assistance is appropriate, including information on ways to remain in the United State that do not depend on continuing the qualifying marriage.''. (b) Hardship Waiver in Cases Where the Alien Spouse or Child Is Subject to Sexual Abuse.--Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end (2) in subparagraph (C), by striking the period at the end and inserting ``, or''; and (3) by inserting after subparagraph (C) the following: ``(D) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse, or a son or daughter of the spouse, was sexually abused and the alien was not at fault in failing to meet the requirements of paragraph (1).''. SEC. 5. SPECIAL TASK FORCE TO IDENTIFY PEOPLE NAMED ON THE NATIONAL SEX OFFENDER REGISTRY WHO HAVE FILED FAMILY-BASED CLASSIFICATION PETITIONS. (a) In General.--The Secretary of Homeland Security shall establish a task force, to be known as the ``Task Force to Rescue Immigrant Victims of American Sex Offenders''. The task force shall consist of officials from Federal, State, and local law enforcement agencies with experience in domestic violence, sex crimes, immigration law, trafficking in humans, organized crime, or any other area of experience which may be useful in completing the duties described in subsection (b). (b) Duties.--The duties of the task force shall be the following: (1) Working back in time from the date of the establishment of the task force, identifying individuals on the Federal Bureau of Investigation's sex offender registry who have filed family-based petitions under section 204(a) of the Immigration and Nationality Act. When a confirmed match has been made with the sex offender registry, the task force should ascertain whether the petitioner filed previous petitions. (2) Maintaining the information about the petitioners in a comprehensive database. (3) Prioritizing the information according to the likelihood that primary or derivative spouse or child beneficiaries are in danger of sexual abuse. (4) Developing a system for investigating the cases in which beneficiaries may be at risk and providing them with information on how to seek assistance if they are abused. (5) Except for information on the registry that is available to the public, protecting the information produced by its investigations in accordance with the privacy rights of everyone involved in the investigation. (6) Taking whatever other actions as are reasonable and appropriate when investigations lead to information about sexual abuse or other criminal activities, including notifying State and local police departments, government offices, public organizations that provide assistance to victims of sexual abuse, and religious organizations. (c) Report to Congress.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the findings and recommendations of the task force. The report shall include the following: (1) An analysis of the information obtained in searching visa petition and national sex offender registry records. (2) The results of any investigations conducted by the task force. (3) Recommendations on administrative and legislative actions that would assist in identifying and protecting immigrant victims of sexual abuse or related harm. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Amounts appropriated under this section shall remain available until expended. SEC. 7. REGULATIONS. Regulations implementing this Act shall be promulgated in final form not later than 180 days after the date of the enactment of this Act.
Foreign Anti-Sex Offender Protection Act of 2006 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to deny a family-based immigration petition by a U.S. petitioner for an alien spouse or child if: (1) the Secretary has confirmed that the petitioner is on the national sex offender registry for a conviction that individually resulted in incarceration for more than one year; (2) the petitioner has been given at least 90 days to rebut such information and has failed to do so; and (3) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. Directs the Secretary to base such petitioner evaluation upon: (1) the nature of the relationship; (2) the nature of the sex offense; (3) rehabilitation; and (4) previous visa petitions. Directs the Secretary to provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence. Provides post-denial remedies through: (1) the Board of Immigration Appeals; and (2) a new petition filing based on additional evidence. States that where the Secretary has confirmed that the petitioner is listed on the national sex offender registry: (1) an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of conditional permanent resident status; and (2) if there is abuse or harm by the petitioner the victim shall be offered appropriate assistance, including information on ways to remain in the United State that do not depend on continuing the qualifying marriage. Provides a hardship waiver in cases of sexual abuse of the alien spouse or child. Directs the Secretary to establish the Task Force to Rescue Immigrant Victims of American Sex Offenders.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``529 and ABLE Account Improvement Act of 2016''. SEC. 2. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) In General.--Subsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, or'', and by adding at the end the following new paragraph: ``(9) qualified tuition program and qualified ABLE program contributions.''. (b) Qualified Tuition Program and Qualified ABLE Program Contributions Defined.--Section 132 of such Code is amended by redesignating subsection (o) as subsection (p) and inserting after subsection (n) the following new subsection: ``(o) Qualified Tuition Program and Qualified ABLE Program Contributions Defined.-- ``(1) In general.--For purposes of this section, the term `qualified tuition and qualified ABLE program contributions' means contributions (including matching contributions) made by an employer directly to a qualified tuition program (as described in section 529) or qualified ABLE program (as described in section 529A) designated by an employee if-- ``(A) such contribution is made to an account under such program for which the designated beneficiary is the employee or a member of the family of the employee (within the meaning of section 529(e)(2)), and ``(B) such contribution is made in connection with a qualified payroll deduction contribution program established by the employer. ``(2) Qualified payroll deduction contribution program.-- For purposes of this subsection, the term `qualified payroll deduction contribution program' means a program established by an employer-- ``(A) under which employees may elect to make contributions to accounts described in paragraph (1)(A) which reduce the amount of wages received directly by such employee by the amount of such contribution, and ``(B) which is made available on substantially the same terms to each member of a group of employees which is defined under a reasonable classification set up by the employer which does not discriminate in favor of highly compensated employees (as defined in section 414(q)). ``(3) Limitation on exclusion.--The amount of qualified tuition and qualified ABLE program contributions which may be excluded from gross income under subsection (a)(9) with respect to any employee shall not exceed $100 in any calendar year. ``(4) Nondiscrimination rule for employer contributions.-- Subsection (a)(9) shall only apply to contributions provided with respect to a highly compensated employee if such contributions meet the requirements of paragraph (2)(B). ``(5) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2016, the $100 amount contained in paragraph (3) 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 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $25.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2016. SEC. 3. TAX CREDIT FOR SMALL EMPLOYER COSTS OF ESTABLISHING DIRECT PAYROLL DEDUCTION INTO QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) In General.--Section 45E of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application to Programs for Payroll Deduction Contributions to Qualified Tuition Programs and Qualified ABLE Programs.--In the case of a qualified payroll deduction contribution program (as defined in section 132(o)(2)) established by an employer-- ``(1) such program shall be treated as an eligible employer plan for purposes of this section, ``(2) this section (including the limitation of subsection (b)) shall be applied separately with respect to such programs and any other eligible employer plans of the employer, and ``(3) subsection (d)(1)(A)(ii) shall be applied by substituting `education' for `retirement-related education'.''. (b) Clerical Amendments.-- (1) The heading for section 45E of such Code is amended by striking ``pension''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 45E and inserting the following new item: ``Sec. 45E. Small employer plan startup costs.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 4. EXEMPTIONS FROM ADDITIONAL TAX FOR CERTAIN DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(c)(6) of the Internal Revenue Code of 1986 is amended by striking the last sentence and inserting the following: ``This paragraph shall not apply to the extent that-- ``(A) a payment or distribution is contributed to an individual retirement plan of the account owner or the designated beneficiary with respect to the calendar year in which the payment or distribution is received, ``(B) a payment or distribution is used (within 90 days of the payment or distribution) to make a payment of interest or principal on a qualified education loan (as defined in section 222(d)(1)) on behalf of the designated beneficiary or a member of the family of such designated beneficiary within the meaning of section 529(e)(2)), or ``(C) the recipient of a payment or distribution makes (within 90 days of the receipt of the payment or distribution) a contribution to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)), but only if-- ``(i) a deduction for the entire payment or distribution is allowable under section 170, and ``(ii) the total payments and distributions taken into account under this subparagraph with respect to such recipient for any taxable year does not exceed $1,000.''. (b) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act. SEC. 5. CLARIFICATION REGARDING INVESTMENT DIRECTION IN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) Investment Direction in Qualified Tuition Programs.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of this paragraph, rebalancing investments among broad-based investment strategies established under the program shall not be treated as investment direction by a contributor or designated beneficiary unless the specific investments within those broad-based strategies are directed by the contributor or designated beneficiary.''. (b) Investment Direction in Qualified ABLE Programs.--Paragraph (4) of section 529A(b) of such Code is amended by adding at the end the following: ``For purposes of this paragraph, rebalancing investments among broad-based investment strategies established under the program shall not be treated as investment direction by a designated beneficiary unless the specific investments within those broad-based strategies are directed by the designated beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply with respect to calendar years beginning after the date of the enactment of this Act. SEC. 6. ROLLOVERS BETWEEN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS. (a) Rollovers From Qualified Tuition Programs to Qualified ABLE Programs.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by adding at the end the following new subclause: ``(III) to an ABLE account (as defined in section 529A(e)(6)) of the designated beneficiary or a member of the family of the designated beneficiary. Subclause (III) shall not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under section 529A(b)(2)(B).''. (b) Rollovers From Qualified ABLE Programs to Qualified Tuition Programs.--Clause (i) of section 529A(c)(1)(C) of such Code is amended-- (1) by striking ``such payment or distribution, into another'' and inserting ``such payment or distribution-- ``(I) into another''; (2) by striking the period at the end and inserting ``, or'', and (3) by adding at the end the following new subclause: ``(II) to a qualified tuition program (as described in section 529) for the benefit of the same designated beneficiary or a member of the family of such designated beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.
529 and ABLE Account Improvement Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.) The bill excludes from gross income a fringe benefit consisting of up to $100 per year (adjusted for inflation after 2016) of employer contributions to an employee's 529 or ABLE account. The employer contribution must be made: (1) to an account for which the designated beneficiary is the employee or a member of the employee's family, and (2) in connection with a payroll deduction contribution program established by the employer. The bill also: (1) expands the tax credit for small employer pension plan startup costs to include the costs of establishing a payroll deduction contribution program for 529 plans and ABLE accounts;(2) permits 529 funds to be used for transfers to an Individual Retirement Account (IRA), education loan payments, or charitable contributions without being subject to the additional tax for distributions that are not used for qualified higher education expenses; and (3) permits tax-free rollovers of funds between 529 and ABLE accounts for the benefit of the same beneficiary or a family member of the beneficiary. For the purpose of current law restrictions on the frequency of investment directions that a beneficiary or contributor may provide for a 529 or ABLE account, rebalancing investments among broad-based investment strategies established under the program is not an investment direction unless the beneficiary or contributor directs the specific investments within the strategies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Protection and Security Act''. SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Entities commonly known as ``information brokers'' have created up to several billion personal records on individuals. (2) Information made available by information brokers is used in the determination of opportunities for credit, employment, housing, insurance, means of travel, and other commercial decisions, and must therefore be as accurate, transparent to the individual, and secure as possible. Inaccurate information pertaining to an individual that is made available by an information broker may significantly interfere with the individual's economic opportunities. For these reasons, there is a vital need to ensure that information brokers exercise their important responsibilities with fairness, impartiality, accuracy, and respect for individuals' rights to privacy and security, and that information brokers properly safeguard individuals' personally identifiable information. (3) In 2004, an identity theft operation improperly gained access to hundreds of thousands of individual profiles maintained by one large information broker. Many of these individuals have and will become victims of identity theft. The full extent of this incident will not be known for years. (4) Identity thieves illegally exploit information technology to take advantage of innocent individuals. Identity thieves typically steal individuals' names, addresses, telephone numbers, social security numbers, bank account information, and personal financial and medical data. Due to identity thieves misusing this personal information, some individuals are denied jobs, faced with debts that are not their own, and arrested for crimes they did not commit. (5) According to the Federal Trade Commission, 10,000,000 Americans were affected by identity theft in 2004, and the problem is growing worse. Identity theft is now the most common fraud perpetrated on individuals. In 2004, identity theft accounted for 39 percent of consumer fraud complaints filed with the Federal Trade Commission. (6) According to a survey cited by the Federal Trade Commission, identity theft cost the United States $52,600,000,000 in 2004. Both individuals and businesses bear this heavy financial burden. (7) The increasing power of computers and information technology has greatly magnified the risk to individual privacy that can occur from any collection, maintenance, use, or dissemination of personally identifiable information, as well as the number of individuals who can be harmed. (8) There is a clear difference between a compilation of personally identifiable information and the compilation's component parts. Even for information contained in public records, items of data that appear in widely scattered sources are different from the collection and assembly of that information into databases, reports, or profiles. The interest in maintaining the privacy and security of such databases has always been, and will continue to be, very high. (9) In order to protect the privacy and security of individuals whose personally identifiable information resides in systems maintained by information brokers, it is necessary and proper for Congress to regulate the collection, maintenance, use, and dissemination of such information by information brokers by adopting a framework of fair information principles. It is the policy of Congress that information brokers have an affirmative and continuing obligation to protect the privacy and security of an individual's personally identifiable information. (b) Purposes.--The purposes of this Act are-- (1) to regulate the narrow category of business entities commonly known as ``information brokers'', but not to extend the regulations to businesses other than information broker businesses, or to weaken or alter the protections provided by other applicable laws; (2) to protect individual rights in relation to information brokers; and (3) to ensure that information brokers compete fairly in the processing and sale of personally identifiable information. SEC. 3. REGULATION BY FEDERAL TRADE COMMISSION. (a) Regulations.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission (in this Act referred to as ``the Commission'') shall promulgate regulations with respect to the conduct of information brokers and the protection of personally identifiable information held by such brokers. (2) Content of regulations.--The regulations promulgated under paragraph (1) shall include rules-- (A) requiring that procedures for the collection and maintenance of data guarantee maximum possible accuracy of personally identifiable information held by any information broker; (B) allowing an individual the right to obtain disclosure of all personally identifiable information pertaining to the individual held by an information broker, and to be informed of the identity of each entity that procured any personally identifiable information from the broker; (C) allowing individuals the right to request and receive prompt correction of errors in personally identifiable information held by information brokers; (D) requiring information brokers to safeguard and protect the confidentiality of personally identifiable information, appropriate to the nature and type of information involved; (E) requiring information brokers to authenticate users before allowing access to personally identifiable information, and requiring that each use of personal information is employed only for a lawful purpose; (F) requiring procedures to be established to prevent and detect fraudulent, unlawful, or unauthorized access, use, or disclosure of personally identifiable information held by an information broker, and to mitigate any potential harm to individuals from threats to the privacy or security of such information; (G) requiring information brokers to establish and maintain procedures that track users' access to personally identifiable information held by the broker, and the lawful purpose for which each access was made; and (H) prohibiting information brokers from engaging in activities that fail to comply with the Commission's regulations. (b) Definitions.--In this section: (1) Information broker.-- (A) In general.--The term ``information broker'' means a commercial entity whose business is to collect, assemble, or maintain personally identifiable information for the sale or transmission of such information or the provision of access to such information to any third party, whether such collection, assembly, or maintenance of personally identifiable information is performed by the information broker directly, or by contract or subcontract with any other entity. (B) Exemptions.--The Commission, in promulgating regulations under subsection (a), may exempt any commercial entity from such regulations, in whole or in part, if the Commission determines that granting such an exemption is in the public interest, consistent with the purposes of this Act, and if the entity's collection, assembly, and maintenance of personally identifiable information is only incidental to the entity's primary business. (2) Personally identifiable information.--The term ``personally identifiable information'' means any personal information, as determined by the Commission, which may be used to identify a person or cause harm to such person. SEC. 4. ENFORCEMENT. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under section 2 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce the regulations promulgated under section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Actions by States.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under section 2, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction, to-- (A) enjoin that act or practice; (B) enforce compliance with the regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (3) Commission and attorney general authority.--On receiving notice under paragraph (2), the Commission and the Attorney General each shall have the right-- (A) to move to stay the action, pending the final disposition of a pending Federal matter as described in paragraph (4); (B) to intervene in an action under paragraph (1); and (C) to file petitions for appeal. (4) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this subsection against any defendant named in the criminal proceeding or civil action for any violation that is alleged in that proceeding or action. (5) Rule of construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (c) Private Right of Action.-- (1) In general.--Any individual injured by an act in violation of the regulations promulgated under section 2, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State-- (A) an action to enjoin such violation; (B) an action to recover for actual monetary loss from such a violation, or to receive up to $1000 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Limitation.--An action may be commenced under this subsection within 2 years after the date on which the alleged violation occurred, except that where a defendant has materially and willfully misrepresented or disclosed any information under this Act or the regulations promulgated pursuant to this Act and the information so misrepresented or disclosed is material to the establishment of the defendant's liability under this Act or such regulations, the action may be brought by the individual under paragraph (1) at any time within 3 years after discovery by the individual of the misrepresentation or disclosure. (3) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other remedies available to the individual. SEC. 5. RELATION TO OTHER LAWS. (a) Fair Credit Reporting Act.--Nothing in this Act or the regulations promulgated under this Act shall be construed to modify, limit or supersede the operation of the Fair Credit Reporting Act. A person or entity subject to the Fair Credit Reporting Act shall comply with that Act as well as with this Act and the regulations promulgated under this Act. To the extent that there is any conflict between the Fair Credit Reporting Act and this Act or such regulations, the Act that affords an individual greater protection shall apply. Multiple requirements with respect to the same information, transaction, or individual shall not be considered a conflict. (b) State Laws.--This Act and the regulations promulgated under this Act shall not be construed as superseding, altering, or affecting any statute, regulation, order, or interpretation in effect in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this Act or the regulations promulgated under this Act, and then only to the extent of the inconsistency. For purposes of this section, a State statute, regulation, order, or interpretation shall not be considered inconsistent with the provisions of this Act or the regulations promulgated under this Act if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection under this Act or the regulations promulgated under this Act. SEC. 6. REPORT. Not later than 12 months after the issuance of the regulations required by section 2, the Commission shall transmit to Congress a report on the information brokerage industry and its impact on the privacy of personally identifiable information. Such report shall describe the regulations promulgated pursuant to this Act, compliance with such regulations by the information brokerage industry, and any recommendations by the Commission for additional measures (including any necessary legislation) to ensure the privacy of personally identifiable information.
Information Protection and Security Act - Directs the Federal Trade Commission (FTC) to promulgate regulations governing the conduct of information brokers and the protection of personally identifiable information held by such brokers. States that such regulations shall include rules: (1) requiring procedures for maximum data accuracy, confidentiality, user authentication and tracking, the prevention and detection of illegal or unauthorized activity, and mitigation of potential harm to individuals; (2) allowing individuals to obtain disclosure of such information pertaining to them held by an information broker, to be informed of each entity that procured such information, and to request and receive prompt correction of errors; and (3) prohibiting brokers from engaging in activity that fails to comply with FTC regulations. Requires violations of such regulations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Authorizes States, after providing notice to the FTC and the Attorney General, to bring civil actions on behalf of State residents in Federal district court or any other court of competent jurisdiction to: (1) enjoin such acts or practices; (2) enforce compliance with FTC regulations; or (3) obtain damages, restitution, compensation, or other appropriate relief. Prohibits State actions during the pendency of criminal proceedings brought by the Attorney General or civil actions instituted by the FTC against the same defendant for violations of this Act. Establishes a private right of action for individuals injured by violations of regulations promulgated under this Act.
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SECTION 1. SAFE SCHOOLS. (a) Amendments.--Part F of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to read as follows: ``PART F--ILLEGAL DRUG AND GUN POSSESSION ``SEC. 14601. DRUG-FREE AND GUN-FREE REQUIREMENTS. ``(a) Short Title.--This section may be cited as the `Safe Schools Act of 1997'. ``(b) Requirements.-- ``(1) In general.--Each State receiving Federal funds under this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined-- ``(A) to be in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency in that State; or ``(B) to have brought a weapon to a school under the jurisdiction of a local educational agency in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis. ``(2) Construction.--Nothing in this title shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student's regular school setting from providing educational services to such student in an alternative setting. ``(3) Definition.--For the purpose of this section, the term `weapon' means a firearm as such term is defined in section 921(a) of title 18, United States Code. ``(c) Special Rule.--The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(d) Report to State.--Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under this Act shall provide to the State, in the application requesting such assistance-- ``(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); and ``(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including-- ``(A) the name of the school concerned; ``(B) the number of students expelled from such school; and ``(C) the type of illegal drugs, illegal drug paraphernalia, or weapons concerned. ``(e) Reporting.--Each State shall report the information described in subsection (d) to the Secretary on an annual basis. ``(f) Report to Congress.--Two years after the date of enactment of the Safe Schools Act of 1997, the Secretary shall report to Congress with respect to any State that is not in compliance with the requirements of this part. ``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL. ``(a) In General.--No funds shall be made available under this Act to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who is in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, such agency, or who brings a firearm or weapon to a school served by such agency. ``(b) Definitions.--For the purpose of this section, the terms `firearm' and `school' have the same meaning given to such terms by section 921(a) of title 18, United States Code. ``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA. ``The Secretary shall-- ``(1) widely disseminate the policy of the Department in effect on the date of enactment of the Safe Schools Act of 1997 with respect to disciplining children with disabilities; ``(2) collect data on the incidence of children with disabilities (as such term is defined in section 602(a)(1) of the Individuals With Disabilities Education Act (20 U.S.C. 1401(a)(1))) possessing illegal drugs, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency, engaging in life threatening behavior at school, or bringing weapons to schools; and ``(3) submit a report to Congress not later than 1 year after the date of enactment of the Safe Schools Act of 1997 analyzing the strengths and problems with the current approaches regarding disciplining children with disabilities. ``SEC. 14604. DEFINITIONS. ``In this part: ``(1) Illegal drug.-- ``(A) In general.--The term `illegal drug' means a controlled substance, as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), the possession of which is unlawful under such Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.). ``(B) Exclusion.--The term `illegal drug' does not mean a controlled substance used pursuant to a valid prescription or as authorized by law. ``(2) Illegal drug paraphernalia.--The term `illegal drug paraphernalia' means drug paraphernalia, as defined in section 422 of the Controlled Substances Act (21 U.S.C. 863), except that the first sentence of section 422(d) of such Act shall be applied by inserting `or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.)' before the period.''. (b) Effective Date.--This Act and the amendments made by this Act take effect 6 months after the date of enactment of this Act.
Safe Schools Act of 1997 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency that receives ESEA funds to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia (or, as under current law, in possession of a gun) on school property. Renames the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1997.
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SECTION 1. RESTORATION OF DEDUCTION FOR INTEREST ON EDUCATIONAL LOANS. (a) In General.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any interest on a qualified educational loan (within the meaning of paragraph (5)), and''. (b) Qualified Educational Loan Defined.--Paragraph (5) of section 163(h) of such Code is amended to read as follows: ``(5) Qualified educational loan.--For purposes of this subsection-- ``(A) In general.--The term `qualified educational loan' means any indebtedness-- ``(i) which is provided-- ``(I) pursuant to a Federal, State, or State-based guarantee program or insurance program, ``(II) by an organization described in section 501(c)(3) and exempt from tax under section 501(a), or ``(III) by a financial institution under a supplemental education program which requires that repayments on the loan be made to the educational institution referred to in subparagraph (D)(i), and ``(ii) which is incurred to pay qualified educational expenses which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred. ``(B) Phaseout of benefit.-- ``(i) In general.--The amount of interest which would (but for this subparagraph) be taken into account under paragraph (2)(E) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such interest as the excess of the taxpayer's adjusted gross income for such taxable year over the applicable dollar amount bears to phaseout range. ``(ii) Applicable dollar amount; phaseout range.--For purposes of clause (i)-- ``(I) in the case of a return of an unmarried individual, the applicable dollar amount is $40,000 and the phaseout range is $15,000, ``(II) in the case of a joint return, the applicable dollar amount is $60,000 and the phaseout range is $30,000, and ``(III) in any other case, the applicable dollar amount is zero. ``(C) Deduction allowable only for first 48 months loan is in repayment status.--Paragraph (2)(E) shall apply only to interest which is paid or incurred during the first 48 months (whether or not consecutive) for which a payment is required to be made on the loan. ``(D) Qualified educational expenses.--For purposes of this paragraph-- ``(i) In general.--The term `qualified educational expenses' means qualified tuition and related expenses of the taxpayer, his spouse, or a dependent (as defined in section 152) for attendance at an educational institution described in section 170(b)(1)(A)(ii). ``(ii) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' has the meaning given such term by section 117(b), except that such term shall include any reasonable living expenses while away from home. ``(E) Adjustment of phaseout for inflation.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1998, the $40,000 and $60,000 amounts contained in subparagraph (B) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997, but only with respect to loans the first required payment on which is after such date.
Amends the Internal Revenue Code to allow a limited income tax deduction for interest on a qualified educational loan. Defines such a loan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Sludge in Food Production Consumer Notification Act of 2003''. SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(i)(1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied.''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by adding at the end the following: ``(10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4(g) of the Poultry Products Inspection Act (21 U.S.C. 453(g)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (e) Relation to National Organic Program.--Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture.
Sewage Sludge in Food Production Consumer Notification Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to classify a food as adulterated if it was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied. Permits the following exceptions: (1) if the application of sewage sludge ended more than one year before the production of the food commenced; (2) if a labeling requirement is met; or (3) in the case of a food that is generally offered for sale without labeling, if an informative sign is posted near the product.Amends the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to classify specified foods under those Acts as adulterated if sewage sludge was involved in specified ways in their production. Allows exceptions for each food similar to those to be permitted under the Federal Food, Drug, and Cosmetic Act.States that nothing in this Act shall be construed to modify the prohibition under a specified Federal regulation on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture.
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SECTION. 1. SHORT TITLE. This Act may be cited as ``Social Security Information Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) information regarding the solvency of the social security trust funds, and personal earnings and benefits estimates is vital for working Americans to plan a financially secure retirement; (2) over the next 35 years, the number of American people age 65 and older will double, while the number of people age 20 to 64 will increase by only 20 percent, and these demographic changes will have a significant impact on the future of the social security system; (3) simplified and accurate information regarding the social security system is needed to enable working Americans to understand and adjust to those demographic changes; (4) more than 50 percent of the workers in the United States do not have a pension and that percentage is increasing for younger age groups, 50 percent of families in the United States have less than $1,000 in net financial assets, and the median amount of savings among adults who are in their late 50s, the age of a worker facing immediate retirement, is still less than $10,000; (5) lack of information has, in part, caused poor financial planning for future retirement, resulting in insufficient savings; (6) the General Accounting Office reports that the Personal Earnings and Benefits Estimate Statements (PEBES) initiative is an important step towards better informing the public about the programs and benefits under the social security system, but extensive revisions to the PEBES are needed to ensure better understanding of that system and effective communication to the general public about that system; and (7) public awareness of the long-term financial soundness of the social security system will facilitate necessary reform of that system and increase public confidence in the system. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to require the Commissioner of Social Security to provide simple and accurate information on the fiscal status of the social security trust funds and on the personal earnings and benefits estimates of all eligible individuals in order to allow working Americans to better plan their retirement; (2) to prohibit the use of any message or design relating to such information that may mislead or confuse the general public; and (3) to build public confidence in the social security system through the requirement of full disclosure and increased awareness of the fiscal soundness of the system. SEC. 4. INFORMATION REQUIREMENTS FOR STATEMENTS. (a) Information Requirements for Social Security Account Statement.--Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``disability insurance''; (B) in subparagraph (C)-- (i) by inserting ``, including a separate estimate of the amount of interest earned on the contributions,'' after ``hospital insurance''; and (ii) by striking ``and'' after the semicolon; (C) in subparagraph (D), by striking the period at the end and inserting a semicolon; (D) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively; (E) by inserting after the matter preceding subparagraph (B), as redesignated by subparagraph (D), the following: ``(A) the name, age, gender, mailing address, and marital status of the eligible individual;''; (F) by adding at the end the following: ``(F) the total amount of the employer and employee contributions for the eligible individual for old-age and survivors insurance benefits, as of the end of the month preceding the date of the statement, in both actual dollars and dollars adjusted for inflation; ``(G) the projected value of-- ``(i) the aggregate amount of the employer and employee contributions for old-age and survivors insurance benefits that are expected to be made by or on behalf of the individual prior to the individual attaining retirement age, in both actual dollars and dollars adjusted for inflation; ``(ii) the annual amount of old-age and survivors insurance benefits that are expected to be payable on the eligible individual's account for a single individual and for a married couple, in dollars adjusted for inflation; ``(iii) the total amount of old-age and survivors insurance benefits payable on the eligible individual's account for the individual's life expectancy, in dollars adjusted for inflation, identifying-- ``(I) the life expectancy assumed; ``(II) the amount of benefits received on the basis of each $1 of contributions made by or on behalf of the individual; and ``(III) the projected annual rate of return for the individual, taking into account the date on which the contributions are made in the eligible individual's account and the date on which the benefits are paid; ``(iv) the total amount of old-age and survivors insurance benefits that would have accumulated on the eligible individual's account on the date on which the individual attains retirement age if the contributions for such individual had been invested in Treasury 10- year saving bonds at the prevailing interest rate for such bonds as of the end of the month preceding the date of the statement, in dollars adjusted for inflation, identifying-- ``(I) the date of retirement assumed; ``(II) the interest rate used for the projection; and ``(III) the amount that would be received on the basis of each $1 of contributions made by or on behalf of the individual; ``(H) the average annual rate of return, adjusted for inflation, on the Treasury 10-year saving bond as of the date of the statement; ``(I) the average annual rate of return, adjusted for inflation, on the Standard and Poor's 500, or an equivalent portfolio of common stock equities that are based on a broad index of United States market performance, for the preceding 25 years; ``(J) a brief statement that identifies-- ``(i) the balance of the trust fund accounts as of the end of the month preceding the date of the statement; ``(ii) the annual estimated balance of the trust fund accounts for each of the succeeding 30 years; and ``(iii) the assumptions used to provide the information described in clauses (i) and (ii), including the rates of return and the nature of the investments of such trust fund accounts; and ``(K) a simple 1-page summary and comparison of the information that is provided to an eligible individual under subparagraphs (G), (H), and (I).''; and (2) by striking paragraph (3) and inserting the following: ``(3) The estimated amounts required to be provided in a statement under this section shall be determined by the Commissioner using a general methodology for making such estimates, as formulated and published at the beginning of each calendar year by the Board of Trustees of the trust fund accounts. A description of the general methodology used shall be provided to the eligible individual as part of the statement required under this section. ``(4) The Commissioner of Social Security shall notify an individual who receives a social security account statement under this section that the individual may request that the information described in paragraph (2) be determined on the basis of relevant information provided by the individual, including information regarding the individual's future income, marital status, date of retirement, or race. ``(5) For purposes of this section-- ``(A) the term `dollars adjusted for inflation' means-- ``(i) dollars in constant or real value terms on the date on which the statement is issued; and ``(ii) an amount that is adjusted on the basis of the Consumer Price Index. ``(B) the term `eligible individual' means an individual who-- ``(i) has a social security account number; ``(ii) has attained age 25 or over; and ``(iii) has wages or net earnings from self- employment; and ``(C) the term `trust fund account' means-- ``(i) the Federal Old-Age and Survivors Insurance Trust Fund; and ``(ii) the Federal Disability Insurance Trust Fund.''. (b) Mandatory Provision of Statements.--Section 1143(c)(2) of the Social Security Act (42 U.S.C. 1320b-13(c)(2)) is amended by striking ``With respect to'' and all that follows. (c) Technical Amendment.--Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is amended by striking ``Secretary'' each place it appears and inserting ``Commissioner of Social Security''. (d) Effective Date.--The amendments made by this Act shall apply to statements provided for fiscal years beginning after the date of enactment of this Act.
Social Security Information Act of 1997 - Amends title XI of the Social Security Act to revise requirements for the social security account statements distributed annually by the Secretary of Health and Human Services. Requires such statements to include: (1) a separate estimate of the interest earned on employee and self-employment contributions for hospital insurance and old-age, survivors, and disability insurance; (2) specified information on the projected value of the aggregate amount of employer and employee contributions for old-age and survivors insurance, as well as annual and total amounts of benefits, in dollars adjusted for inflation; (3) the average annual rates of return on Treasury ten-year savings bonds and the Standard and Poor's 500; and (4) monthly and projected annual trust fund balances.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lucid Act of 2015''. SEC. 2. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS. (a) In General.--Section 163 of title 23, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Marijuana-Impaired Driving.--In addition to the other requirements of this section, in the case of a State in which the possession or use of marijuana is legal under the laws of the State with or without medical justification, the State shall be eligible for a grant under subsection (b), and shall be exempt from withholding under subsection (e), for a fiscal year only if the State-- ``(1) has in effect a law that prohibits an individual from driving or being in actual physical control of a motor vehicle while impaired by marijuana, as determined using measures established by the State; and ``(2) enforces that law using training and methods for determining cognitive or physical marijuana impairment.''. (b) Applicability.--The amendment made by subsection (a) shall apply to-- (1) the earlier of-- (A) the second fiscal year beginning after the date of enactment of this Act; and (B) the first fiscal year beginning after the 90th day following the date of publication of the report required under section 4(b); and (2) each fiscal year thereafter. SEC. 3. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE. (a) In General.--Section 164(a)(2) of title 23, United States Code, is amended to read as follows: ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean-- ``(A) driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit, as established by each State; and ``(B) in the case of a State in which the possession or use of marijuana is legal under the laws of the State with or without medical justification, driving or being in actual physical control of a motor vehicle while impaired by marijuana as determined using measures established by the State, if the State has implemented such measures.''. (b) Applicability.--The amendments made by subsection (a) shall apply to fiscal years beginning after the date of enactment of this Act. SEC. 4. EVALUATION OF MEASURES TO TEST FOR MARIJUANA IMPAIRMENT. (a) Study.-- (1) In general.--The Administrator of the National Highway Traffic Safety Administration shall conduct scientific testing to determine-- (A) the extent to which marijuana impairs an individual's ability to drive a motor vehicle; (B) how the magnitude of such impairment varies among individuals depending on certain characteristics, including age, sex, body mass index, health status, and history of marijuana use; (C) whether or not it is possible to reliably determine whether and to what extent an individual is cognitively or physically impaired by marijuana solely by measuring the concentration of tetrahydrocannabinol (in this subsection referred to as ``THC'') and derivatives in the individual's bloodstream or saliva; (D) the most accurate methods for law enforcement officers to measure THC concentration in the body of an individual who is suspected of marijuana-impaired driving, including blood testing and oral fluid testing; (E) how the effectiveness of such testing methods is compromised if there is a delay between when an individual is pulled over on suspicion of impaired driving and when the individual is subjected to a physical test to determine the individual's level of impairment; and (F) the most accurate field sobriety tests to determine the level of physical and cognitive impairment of drivers who have ingested marijuana. (2) Nature of study.--The testing described in paragraph (1) shall-- (A) include-- (i) laboratory experimentation that measures the impact of marijuana on the physical and cognitive performance areas involved in driving, such as reaction time, tracking, motor coordination, visual functions, divided attention, signal detection, concentration, and hazard perception; and (ii) experimentation on a driving course or driving simulator (or both) that measures the impact of marijuana on driving performance; and (B) be completed not later than 2 years after the date of enactment of this Act. (3) Availability of marijuana to nhtsa for research purposes.--Not later than 60 days after receiving a request for research-grade marijuana from the Administrator, the National Institute on Drug Abuse shall make marijuana available to the Administrator in an amount sufficient for the Administrator to carry out the requirements of this subsection. Such marijuana shall be as similar as practicable in THC concentration to marijuana typically sold at marijuana dispensaries in States in which the use of marijuana is legal with or without medical justification. (b) Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a report that-- (A) contains recommendations to States on how to prevent marijuana-impaired driving, including-- (i) the most effective measures for determining marijuana impairment; (ii) the most effective methods for testing for marijuana impairment at the roadside, including an analysis of the affordability and feasibility of such testing for State and local law enforcement agencies; and (iii) strategies for addressing the dangers posed by drivers who are impaired simultaneously by marijuana and other substances such as alcohol and prescription opioid medications; (B) incorporates the results of other available cognitive, experimental, and epidemiological studies; and (C) summarizes any findings from the study conducted under subsection (a) that are available at the time of the report. (2) Publication.--The Administrator shall-- (A) make the report described in paragraph (1) available without cost in an electronic, publicly accessible format; (B) publish updates to the report every 6 months to account for further findings derived from the study conducted under subsection (a) and other relevant cognitive, experimental, and epidemiological research; and (C) make all raw statistical data derived from the study conducted under subsection (a) available in an electronic, publicly accessible format, which shall be-- (i) made available without charge, license, or registration requirement; (ii) capable of being searched and aggregated; (iii) permitted to be downloaded, including downloaded in bulk; and (iv) updated every 6 months until the study is completed and the entirety of the results of the study has been published.
Lucid Act of 2015 Makes eligible for federal-aid highway project grants a state whose law legalizes the possession or use of marijuana with or without medical justification only if that state: has in effect a law prohibiting an individual from driving or being in actual physical control of a motor vehicle while impaired by marijuana, and enforces that law using training and methods for determining cognitive or physical marijuana impairment. Exempts those states from specified administrative penalties. Revises the terms "driving while intoxicated" and "driving under the influence" to accord with this Act. Subjects repeat offenders to minimum civil and criminal penalties for driving a motor vehicle while impaired by marijuana in those states. Directs the Administrator of the National Highway Traffic Safety Administration to: study through scientific testing the extent to which marijuana impairs an individual's ability to drive a motor vehicle; and issue a report, and make it available electronically to the public, with recommendations to states on how to prevent marijuana-impaired driving.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Solyndras Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) President Obama took office amidst a weak economy and high unemployment, yet he remained committed to advancing an expansive ``green jobs'' agenda that received substantial funding with the passage of the American Recovery and Reinvestment Act of 2009, commonly known as the stimulus package. (2) The stimulus package allocated $90 billion to various green energy programs, and related appropriations provided $47 billion for loan guarantees authorized under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.). (3) Such title XVII authorized the Secretary of Energy to issue loan guarantees for projects that avoid, reduce, or sequester air pollutants or greenhouse gases and employ new or significantly improved technologies compared with commercial technologies in service at the time the guarantee is issued. (4) Loan guarantees issued under such title XVII were required to provide a reasonable prospect of repayment and were expressly required to be subject to the condition that the obligation is not subordinate to other financing. (5) The stimulus package expanded such title XVII by adding section 1705 to include projects that use commercial technology for renewable energy systems, electric power transmission systems, and leading-edge biofuels projects and by appropriating $6,000,000,000 in funding to pay the credit subsidy costs for section 1705 loan guarantees for projects that commence construction no later than September 30, 2011. (6) The Department of Energy, since the enactment of the stimulus package, has issued loan guarantees under such title XVII for 28 projects totaling $15,100,000,000 under the section 1705 program, and, according to the Government Accountability Office, issued conditional loan guarantees for four projects totaling $4,400,000,000 under the section 1705 program and four projects totaling $10,600,000,000 under the section 1703 program. (7) Three of the first five companies that received section 1705 loan guarantees for their projects, Solyndra, Inc., Beacon Power Corporation, and Abound Solar, Inc., have declared bankruptcy. (8) The bankruptcy of the first section 1705 loan guarantee recipient, Solyndra, Inc., could result in a loss to taxpayers of over $530,000,000. (9) The investigation of the Solyndra loan guarantee by the Committee on Energy and Commerce has demonstrated that the review in 2009 of the Solyndra application by the Department of Energy and the Office of Management and Budget was driven by politics and ideology and divorced from economic reality where the Department of Energy ignored concerns about the company's financial condition and market for its products. (10) Despite an express provision in such title XVII prohibiting subordination of the United States taxpayers' financial interest, the Department of Energy restructured the Solyndra loan guarantee in February 2011, resulting in the taxpayers losing priority to Solyndra's investors in the event of a default. (11) The Inspector General of the Department of the Treasury concluded that it was unclear whether the Department of Energy's consultation requirement with the Secretary of the Treasury on the Solyndra loan guarantee was met; that the consultation that did occur was rushed with the Department of the Treasury expressing that ``the train really has left the station on this deal''; and that no documentation was retained as to how the Department of the Treasury's serious concerns with the loan guarantee were addressed. (12) The Government Accountability Office concluded that the Department of Energy Loan Guarantee Program under title XVII has treated applicants inconsistently; that the Department of Energy did not follow its own process for reviewing applications and documenting its analysis and decisions, increasing the likelihood of taxpayer exposure to financial risk from a default; and that the Department of Energy's absence of adequate documentation made it difficult for the Department to defend its decisions on loan guarantees as sound and fair. (13) A memorandum prepared for the President dated October 25, 2010, from Carol Browner, Ron Klain, and Larry Summers, principal advisors to the President, noted the risk presented by loan guarantee projects because most of the projects had little ``skin in the game'' from private investors. (14) A January 2012 report conducted at the request of the Chief of Staff to the President concluded that the portfolio of projects the Department of Energy included in the loan program were higher risk investments that private capital markets do not generally invest in. (15) The Department of Energy's section 1705 program has expired but the Department of Energy has announced that it will continue to consider applications for loan guarantees under the section 1703 program. (16) The Department of Energy has approximately $34,000,000,000 in remaining lending authority to issue new loan guarantees under the section 1703 program. SEC. 3. SUNSET. (a) No New Applications.--The Secretary of Energy shall not issue any new loan guarantee pursuant to title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) for any application submitted to the Department of Energy after December 31, 2011. (b) Pending Applications.--With respect to any application submitted pursuant to section 1703 or 1705 of the Energy Policy Act of 2005 before December 31, 2011: (1) No guarantee shall be made until the Secretary of the Treasury has provided to the Secretary of Energy a written analysis of the financial terms and conditions of the proposed loan guarantee, pursuant to section 1702(a) of the Energy Policy Act of 2005 (42 U.S.C. 16512(a)). (2) The Secretary of the Treasury shall transmit the written analysis required under paragraph (1) to the Secretary of Energy not later than 30 days after receiving the proposal from the Secretary of Energy. (3) Before making a guarantee under such title XVII, the Secretary of Energy shall take into consideration the written analysis made by the Secretary of the Treasury under paragraph (1). (4) If the Secretary of Energy makes a guarantee that is not consistent with the written analysis provided by the Secretary of the Treasury under paragraph (1), not later than 30 days after making such guarantee the Secretary of Energy shall transmit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a written explanation of any material inconsistencies. (c) Transparency.-- (1) Reports to congress.--Not later than 60 days after making a guarantee as provided in subsection (b), the Secretary of Energy shall transmit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that includes information regarding-- (A) the review and decisionmaking process utilized by the Secretary in making the guarantee; (B) the terms of the guarantee; (C) the recipient; and (D) the technology and project for which the loan guarantee will be used. (2) Protecting confidential business information.--A report under paragraph (1) shall provide all relevant information, but the Secretary shall take all necessary steps to protect confidential business information with respect to the recipient of the loan guarantee and the technology used. SEC. 4. RESTRUCTURING OF LOAN GUARANTEES. With respect to any restructuring of the terms of a loan guarantee issued pursuant to title XVII of the Energy Policy Act of 2005, the Secretary of Energy shall consult with the Secretary of the Treasury regarding any restructuring of the terms and conditions of the loan guarantee, including any deviations from the financial terms of the loan guarantee. SEC. 5. RESTATING THE PROHIBITION ON SUBORDINATION. Section 1702(d)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(3)) is amended by striking ``is not subordinate'' and inserting ``, including any reorganization, restructuring, or termination thereof, shall not at any time be subordinate''. SEC. 6. ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES. (a) In General.--Any Federal official who is responsible for the issuance of a loan guarantee under title XVII of the Energy Policy Act of 2005 in a manner that violates the requirements of such title or of this Act shall be-- (1) subject to appropriate administrative discipline provided for under title 5 of the United States Code, or any other applicable Federal law, including, when circumstances warrant, suspension from duty without pay or removal from office; and (2) personally liable for a civil penalty in an amount of at least $10,000 but not more than $50,000 for each violation. (b) Definition.--For purposes of this section, the term ``Federal official'' means-- (1) an individual serving in a position in level I, II, III, IV, or V of the Executive Schedule, as provided in subchapter II of chapter 53 of title 5, United States Code; and (2) an individual serving in a Senior Executive Service position, as provided in subchapter II of chapter 31 of title 5, United States Code. SEC. 7. GAO STUDY OF FEDERAL SUBSIDIES IN ENERGY MARKETS. (a) In General.--The Comptroller General shall conduct a study of the Federal subsidies in energy markets provided from fiscal year 2003 through fiscal year 2012. (b) Focus.--The study required under subsection (a) shall have particular focus on Federal subsidies in energy markets provided in support of-- (1) electricity production, transmission, and consumption; (2) transportation fuels and infrastructure; (3) energy-related research and development; and (4) facilities that manufacture energy-related components. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under subsection (a), including an identification and quantification of-- (1) costs to the United States Treasury; (2) impacts on United States energy security; (3) impacts on electricity prices, including any potential negative pricing impact on wholesale electricity markets; (4) impacts on transportation fuel prices; (5) impacts on private energy-related industries not benefitting from Federal subsidies in energy markets; (6) any Federal subsidies in energy markets that are provided to foreign persons or corporations; and (7) subsidies and direct financial interest any of the 15 foreign countries with the largest gross domestic product are providing to support energy markets in their respective countries. (d) Definition.--For purposes of this section, the term ``Federal subsidies'' means Federal grants, direct loans, loan guarantees, and tax credits, and other programmatic activities targeted at energy markets and related sectors, relating to specific energy technologies. Passed the House of Representatives September 14, 2012. Attest: KAREN L. HAAS, Clerk.
No More Solyndras Act - (Sec. 3) Prohibits the Secretary of Energy (DOE) from issuing any new loan guarantee of an innovative energy project under title XVII (Incentives for Innovative Technologies) of the Energy Policy Act of 2005 for any application submitted to DOE after December 31, 2011. Prohibits a loan guarantee for any application pending before that date until the Secretary of the Treasury furnishes, within 30 days after receiving the guarantee proposal from DOE, a written analysis of the its financial terms and conditions. Requires DOE, before making such a guarantee, to take the written analysis into consideration. Requires DOE also, if it makes a guarantee inconsistent with that written analysis, to give certain congressional committees, within 30 days after making the guarantee, a written explanation of any material inconsistencies. Requires DOE, within 60 days after making a loan guarantee on a pending application, to report to specified congressional committees on: (1) the review and decisionmaking process used in making the guarantee; (2) the terms of the guarantee; and (3) the recipient, the technology, and project for which the loan guarantee will be used. (Sec. 4) Directs the Secretary to consult with the Secretary of the Treasury regarding any restructuring of the terms and conditions of an innovative energy project loan guarantee, including any deviations from the financial terms of the guarantee. (Sec. 5) Revises the condition on the loan guarantee that the obligation shall not be subordinate to any other financing for the project. Prohibits likewise subordination to other financing of any reorganization, restructuring, or termination of the obligation. (Sec. 6) Subjects to certain administrative actions and civil penalties any federal official responsible for the issuance of an innovative energy project loan guarantee in violation of either the requirements of this Act or of title XVII of the Energy Policy Act of 2005. Specifies such sanctions as: (1) administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office; and (2) personal liability for a civil penalty of between $10,000 and $50,000 for each violation. (Sec. 7) Directs the Comptroller General to study federal subsidies in energy markets from FY2003-FY2012, with particular focus upon subsidies supporting: (1) electricity production, transmission, and consumption; (2) transportation fuels and infrastructure; (3) energy-related research and development; and (4) facilities that manufacture energy-related components. Requires the report to Congress on such study to identify and quantify: (1) costs to the U.S. Treasury; (2) impacts on U.S. energy security, electricity and transportation fuel prices, and private energy-related industries not benefitting from federal subsidies in energy markets; (3) federal subsidies in energy markets provided to foreign persons or corporations; and (4) subsidies and direct financial interest any of the 15 foreign countries with the largest gross domestic product (GDP) are providing to support energy markets in their respective countries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Transportation Act''. SEC. 2. RURAL ROAD SAFETY PROGRAM. (a) Findings.--Congress finds that it is in the vital interest of the Nation that a rural road safety program be established to ensure that the safety of the traveling public is enhanced on rural two-lane highways. (b) Establishment.--The Secretary shall establish and implement a rural road safety program in accordance with this section. (c) Apportionments.-- (1) In general.--On October 1 of each fiscal year, the Secretary shall apportion to each State to carry out this section an amount in the ratio of the percentage of the centerline mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials in each State bears to the total centerline mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials in all the States. (2) Allocation of apportioned funds.--Within each State, funds for the rural road safety program for each fiscal year shall be allocated among State, county, city, and other levels of government commensurate with each entity's ownership ratio of eligible two-lane road mileage of two-lane roads in rural areas functionally classified as minor and major collectors and arterials. (c) Location of Projects.--Funds authorized to carry out this section shall be available for expenditure only for activities described in subsection (g). (d) Obligation of Funds.--Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and the same extent as if such funds were apportioned under section 104(b) of title 23, United States Code,, except that the Secretary is authorized to waive provisions that the Secretary considers inconsistent with the purposes of this section. (e) Cost Sharing.--The Federal share of a project under this section shall be 80 percent of the total cost for such project. (f) Transferability.--Notwithstanding any other provision of law no portion of a State's apportionment allocated for the rural road safety program may be transferred to any other apportionment of the State for such fiscal year. (g) Use of Funds.--A State that receives an apportionment under this section may use funds-- (1) to improve horizontal and vertical alignment; (2) to eliminate wheel lane rutting, increase skid resistance, and smooth roadways; (3) to improve sight distances; (4) to widen lanes and shoulders; (5) to install dedicated turn lanes; (6) to install and upgrade guardrails, traffic barriers, crash cushions, protective devices, and rumblestrips; (7) to install traffic and safety lights, improve signage and pavement markings; and (8) to implement other safety activities designated by the Secretary. (h) Program.--Not later than 180 days after the date of enactment of this Act, each State that receives an apportionment under this section shall conduct and systematically maintain an engineering survey of all two-lane rural roads classified as minor and major collectors and minor arterials-- (1) to identify dangerous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, pedestrians, impaired, and ``older'' drivers; (2) to assign priorities for the correction of such locations, sections, and elements; and (3) establish and implement a schedule of projects for improvement of such roads. (i) Evaluation.-- (1) In general.--Each State shall establish an evaluation process approved by the Secretary to analyze and assess results achieved by safety improvement projects carried out in accordance with the procedures and criteria established by this section. (2) Priorities.--Such evaluation process shall develop cost-benefit data for various types of corrections and treatments, which shall be used in setting priorities for safety improvement projects. (j) Reporting.-- (1) In general.--Each State shall report to the Secretary not later than December 30 of each year, regarding the progress of implementing safety improvement projects for danger elimination and the effectiveness of such improvements. (2) State assessment.--Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate dangers and the previous and subsequent accident experience at dangerous locations. (3) Secretary's report.--The Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year regarding the progress of the States in implementing the rural road safety program. The report shall-- (A) include the number of projects undertaken, their distribution by cost range, road system, means and methods used, the previous and subsequent accident experience at improved locations and a cost-benefit analysis; and (B) analyze and evaluate each State's program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a), and include recommendations for future implementation of the rural road safety program. (k) Definitions.--In this section-- (1) the term ``rural area'' means all areas of the State not included in urban areas as defined in section 101(a)(29); (2) the term ``rural road'' means all roads in rural areas; and (3) the term ``Secretary'' means the Secretary of Transportation. (l) Authorization of Appropriations Rural Road Safety Program.--To carry out the rural road safety program under this section there are authorized to be appropriated $1,000,000,000 for each of fiscal years 2005 through 2010. SEC. 3. DIVISION BETWEEN CERTAIN AREAS. Section 105(c)(2) of title 23, United States Code, is amended by striking ``paragraphs (1), (2), and (3) and inserting ``paragraphs (1) and (2)''. SEC. 4. SPECIAL RULE FOR AREAS LESS THAN 5,000 POPULATION. Section 133(d)(3)(B) of title 23, United States Code, is amended-- (1) by inserting ``for roads functionally classified as minor arterials and major and minor collectors'' after ``5,000)''; and (2) by striking ``110'' and inserting ``150''. SEC. 5. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION. Section 144 of title 23, United States Code, is amended-- (1) in subsection (e)-- (A) by striking ``Funds'' and inserting the following: ``(1) State apportionment.--Funds''; and (B) by adding at the end the following: ``(2) Division between state, cities, towns, and counties.--Funds apportioned to each State shall be spent on bridges owned by the State and local governments based on the cost of deficient bridges at each level of government divided by the total cost of deficient bridges in that State.''. (2) in subsection (g)(3)-- (A) by striking ``15 percent'' and inserting ``25 percent''; and (B) by striking ``1987 through 2003'' and inserting ``2005 through 2010''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 504(b) of title 23, United States Code, is amended by adding at the end the following: ``(3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2005 through 2010.'' SEC. 7. STATE PLANNING AND RESEARCH. Section 505 of title 23, United States Code, is amended-- (1) in subsection (a) by striking ``Two percent'' and inserting ``two and \1/2\ percent''; (2) by redesignating subsections (c) and (d) as (d) and (e), respectively; and (3) by adding after subsection (b) the following: ``(c) Local Distribution.--Not less than 20 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be distributed to local governments, local planning agencies, including multi-jurisdictional rural planning agencies governed by local officials, and other transportation bodies responsible for transportation planning in nonmetropolitan areas to be used for the development of the statewide transportation improvement program.''. SEC. 8. APPALACHIAN REGIONAL COMMISSION. (a) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system program under section 14501 of title 40, United States Code, $611,800,000 for each of fiscal years 2005 through 2010. (b) Apportionment.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall apportion funds made available by subsection (a) for fiscal years 2005 through 2010 among the States based on the latest available cost to complete estimate for the Appalachian development highway system under section 14501 title 40, United States Code. (2) Local development districts.--Before apportioning amounts to the States under paragraph (1), the Secretary shall make available $11,800,000 to be equally divided among local development districts (as such term is defined in section 14102 of title 40, United States Code) to carry out comprehensive regional transportation planning activities, including activities related to linking transportation and economic development investment within the region. (b) Applicability of Title 23.--Funds made available by section 1101(a)(6) of the Transportation Equity Act for the 21st Century for the Appalachian development highway system shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this section shall be determined in accordance with section 14501 of title 40, United States Code, and such funds shall be available to construct highways and access roads under such section and shall remain available until expended.
Rural Transportation Act - Directs the Secretary of Transportation to establish and implement a rural road safety program under which funds shall be apportioned to each State to: (1) improve horizontal and vertical alignment, signage and pavement markings, and sight distances; (2) eliminate wheel lane rutting, increase skid resistance, and smooth roadways; (3) widen lanes and shoulders; (4) install dedicated turn lanes and traffic and safety lights; and (5) install and upgrade guardrails, traffic barriers, crash cushions, protective devices, and rumblestrips. Requires States to: (1) conduct and maintain an engineering survey of all two-lane rural roads classified as minor and major collectors and minor arterials to identify dangerous locations and to assign priorities and establish a schedule for improvements; and (2) establish a process to analyze and assess results achieved. Increases certain apportionments for: (1) Federal highway aid to rural areas for roads functionally classified as minor arterials and major and minor collectors; (2) highway bridge replacement and rehabilitation; and (3) State planning and research programs. Authorizes appropriations from the Highway Trust Fund for the Appalachian development highway system program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans and Other Health Care Improvements Act of 2012''. SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO VETERANS LIKE OTHER MEDICAL SERVICES. Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(H) Fertility counseling and treatment, including treatment using assisted reproductive technology.''. SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR SPOUSES AND SURROGATES OF VETERANS. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1788. Reproductive treatment and care for spouses and surrogates of veterans ``(a) In General.--The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. ``(b) Coordination of Care for Other Spouses and Surrogates.--In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. ``(c) Construction.--Nothing in this section shall be construed to require the Secretary to find or certify a surrogate for a veteran or to connect a surrogate with an injured veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item: ``1788. Reproductive treatment and care for spouses and surrogates of veterans.''. SEC. 4. ADOPTION ASSISTANCE. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section: ``Sec. 1789. Adoption assistance ``(a) In General.--The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. ``(b) Covered Veteran.--For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who-- ``(1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and ``(2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. ``(c) Limitation Amount.--For purposes of this section, the limitation amount is the amount equal to the lesser of-- ``(1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and ``(2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item: ``1789. Adoption assistance.''. SEC. 5. REPORT ON PROVISION OF FERTILITY COUNSELING AND TREATMENT. (a) In General.--Each year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements.--Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. SEC. 6. REGULATIONS ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT AND ADOPTION ASSISTANCE. (a) In General.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations-- (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 of title 38, United States Code, as added by section 3; and (3) to carry out section 1789 of such title, as added by section 4. (b) Limitation.--Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish-- (1) to any veteran, any fertility treatment using assisted reproductive technology; (2) any fertility counseling or treatment under section 1788 of title 38, United States Code, as added by section 3; or (3) any assistance under section 1789 of such title, as added by section 4. SEC. 7. COORDINATION WITH DEPARTMENT OF DEFENSE ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT. The Secretary of Veterans Affairs shall coordinate the furnishing of fertility counseling and treatment by the Department of Veterans Affairs with the furnishing of fertility counseling and treatment by the Department of Defense. SEC. 8. FUNDING. Amounts for a fiscal year to carry out this Act, section 7330B of title 38, United States Code, as added by section 2(a), section 1787 of such title, as added by section 4(a), and the amendments made by this Act shall be derived from amounts made available for an overseas contingency operation in that fiscal year, if amounts were made available for an overseas contingency operation in that fiscal year. Passed the Senate December 13, 2012. Attest: NANCY ERICKSON, Secretary.
Women Veterans and Other Health Care Improvements Act of 2012 - Directs the Secretary of Veterans Affairs to furnish fertility counseling and treatment, including assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated during active duty and is enrolled in the Department of Veterans Affairs (VA) patient enrollment system. Authorizes the Secretary to pay, to any such veteran, an amount to assist in the adoption of one or more children. Directs the Secretary to: (1) report annually to the congressional veterans committees on the counseling and treatment provided under this Act; (2) prescribe regulations on the furnishing of such counseling, treatment, and adoption assistance; and (3) coordinate the furnishing of such counseling and treatment with that provided by the Department of Defense (DOD).
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Sustaining Access to Vital Emergency Medical Services Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rural emergency medical service training and equipment assistance program. Sec. 3. Tax credit for volunteer emergency medical service providers. Sec. 4. Study and report on the costs of rural ambulance services. Sec. 5. Elimination of reduction in inflation adjustments for ambulance services. SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following new section: ``SEC. 1253. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Secretary') shall award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a State emergency medical services office; ``(B) a State department of Transportation; ``(C) a State emergency medical services association; ``(D) a State office of rural health; or ``(E) any other entity determined appropriate by the Secretary; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes-- ``(A) a description of the activities to be carried out under the grant; and ``(B) an assurance that the applicant will comply with the matching requirement of subsection (d). ``(c) Use of Funds.-- ``(1) In general.--An entity shall use amounts received under a grant made under subsection (a), either directly or through grants to emergency medical service squads that are located in, or that serve residents of, non-metropolitan statistical areas, to-- ``(A) hire or recruit emergency medical service personnel; ``(B) recruit or retain volunteer emergency medical service personnel; ``(C) train emergency medical service personnel in emergency response, injury prevention, safety awareness, and other topics relevant to the delivery of emergency medical services; ``(D) fund specific training to meet State certification requirements; ``(E) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods (such as distance learning); ``(F) acquire emergency medical services vehicles, including ambulances; ``(G) acquire emergency medical services equipment, including cardiac defibrillators; ``(H) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration; and ``(I) educate the public concerning cardiopulmonary resuscitation (CPR), first aid, injury prevention, safety awareness, illness prevention, and other related emergency preparedness topics. ``(2) Preference.--In awarding grants under this section the Secretary shall give preference to entities that intend to use amounts provided under the grant to fund activities described in any of subparagraphs (A) through (E) of paragraph (1). ``(d) Matching Requirement.--The Director may not make a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to 5 percent of the amount received under the grant. ``(e) Emergency Medical Services.--In this section, the term `emergency medical services'-- ``(1) means resources used by a qualified public or private nonprofit entity, or by any other entity recognized as qualified by the State involved, to deliver medical care outside of a medical facility under emergency conditions that occur-- ``(A) as a result of the condition of the patient; or ``(B) as a result of a natural disaster or similar situation; and ``(2) includes services delivered by an emergency medical services provider (either compensated or volunteer) or other provider recognized by the State involved that is licensed or certified by the State as an emergency medical technician, a para- medic, a registered nurse, a physician assistant, or a physician that provides services similar to services provided by such an emergency medical services provider. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2001 through 2006. ``(2) Administrative costs.--The Director may use not more than 10 percent of the amount appropriated under paragraph (1) for a fiscal year for the administrative expenses of carrying out this section.''. SEC. 3. TAX CREDIT FOR VOLUNTEER EMERGENCY MEDICAL SERVICE PROVIDERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by adding at the end the following: ``SEC. 25B. VOLUNTEER EMERGENCY MEDICAL SERVICE PROVIDER CREDIT. ``(a) Allowance of Credit.--In the case of an eligible volunteer emergency medical service provider, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500. ``(b) Eligible Volunteer Emergency Medical Service Provider.--For purposes of this section-- ``(1) In general.--The term `eligible volunteer emergency medical service provider' means an individual who-- ``(A) is an emergency medical service provider or other provider (within the meaning of section 1253(e)(2) of the Public Health Service Act) providing emergency medical services in connection with an emergency medical service squad, ``(B) volunteers with respect to such services, and ``(C) is listed as active on the official staff roster of such squad for the taxable year. ``(2) Emergency medical services.--For purposes of paragraph (1), the term `emergency medical services' means-- ``(A) emergency medical services (as defined in section 1253(e)(1) of such Act), and ``(B) any other services provided in relation to such emergency medical services, such as administrative and operational duties and community education and training programs. ``(3) Volunteer.--For purposes of paragraph (1), the term `volunteer' means to provide services without compensation, other than reimbursement or payment of reasonable and necessary expenses incurred in the performance of the emergency medical service provider's duty.''. ``(c) Verification.--The Secretary may require additional information to be provided, in such form and such manner as the Secretary deems necessary, to verify the eligibility for the credit under this section.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Volunteer emergency services provider credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. STUDY AND REPORT ON THE COSTS OF RURAL AMBULANCE SERVICES. (a) Study.--The Secretary of Health and Human Services, in consultation with the Director of the Office of Rural Health Policy and with the assistance of the Administrator of the Health Care Financing Administration, shall conduct a study of the means by which rural areas with low population densities can be identified for the purpose of designating areas in which the cost of providing ambulance services would be expected to be higher than similar services provided in more heavily populated areas because of low usage. Such study shall also include-- (1) an examination of the cost differences between independent volunteer ambulance providers and hospital-based ambulance providers serving rural areas; and (2) an identification and analysis of the factors that contribute to the additional costs of providing ambulance services in areas designated under the previous sentence. (b) Report.--Not later than June 30, 2001, the Secretary shall submit to Congress a report on the results of the study conducted under this section, together with a proposed regulation based on that study which adjusts the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) with respect to payment rates for ambulance services provided in low density rural areas to take into account the increased cost of providing such services in such areas. (c) Implementation of Regulation.--The regulation submitted under clause (ii) shall take effect not later than January 1, 2002. SEC. 5. ELIMINATION OF REDUCTION IN INFLATION ADJUSTMENTS FOR AMBULANCE SERVICES. Subparagraphs (A) and (B) of section 1834(l)(3) (42 U.S.C. 1395m(l)(3)(A)) are each amended by striking ``reduced in the case of 2001 and 2002 by 1.0 percentage points'' and inserting ``increased in the case of 2001 by 1.0 percentage point''.
Amends the Internal Revenue Code to provide a volunteer emergency medical service provider tax credit of $500. Requires the Secretary to study the means by which rural areas can be identified for purposes of designating areas in which the cost of providing ambulance services would be expected to be higher than in more populated areas. Amends title XVIII (Medicare) of the Social Security Act to eliminate the 2001 and 2002 reduction in inflation adjustments for ambulance services and to increase such adjustment by one percent for 2001.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Competition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) prescription drug costs are increasing at an alarming rate and are a major concern of senior citizens and American families; (2) there is a potential for drug companies owning patents on brand-name drugs to enter to private financial deals with generic drug companies in a manner that could tend to restrain trade and greatly reduce competition and increase prescription drug costs for American citizens; and (3) enhancing competition between generic drug manufacturers and brand name manufacturers can significantly reduce prescription drug costs to American families. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to provide timely notice to the Food and Drug Administration and the Federal Trade Commission regarding agreements between companies owning patents on branded drugs and companies who could manufacture generic or bioequivalent versions of such branded drugs; and (2) by providing timely notice, to-- (A) ensure the prompt availability of safe and effective generic drugs; (B) enhance the effectiveness and efficiency of the enforcement of the antitrust laws of the United States; and (C) deter pharmaceutical companies from engaging in anticompetitive actions or actions that tend to unfairly restrain trade. SEC. 4. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Antitrust laws.--The term ``antitrust laws'' has the same meaning as in section 1 of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug Application, as defined under section 505(j) of the Federal Food, Drug and Cosmetic Act. (4) Brand name drug company.--The term ``brand name drug company'' means a person engaged in the manufacture or marketing of a drug approved under section 505(b) of the Federal Food, Drug and Cosmetic Act. (5) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) FDA.--The term ``FDA'' means the United States Food and Drug Administration. (7) Generic drug.--The term ``generic drug'' means a product that is the subject of an ANDA. (8) Generic drug applicant.--The term ``generic drug applicant'' means a person who has filed or received approval for an ANDA under section 505(j) of the Federal Food, Drug and Cosmetic Act. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF GENERIC DRUGS. A brand name drug company and a generic drug applicant that enter into an agreement regarding the sale or manufacture of a generic drug that the Secretary has determined is the therapeutic equivalent of a brand name drug that is manufactured or marketed by that brand name drug company, or for which the generic drug applicant seeks such a determination of therapeutic equivalence, and which agreement could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug that has been or could be approved for sale by the FDA pursuant to an ANDA, shall file with the Commission and the Secretary the text of the agreement, an explanation of the purpose and scope of the agreement, and an explanation of whether the agreement could delay, restrain, limit, or in any way interfere with the production, manufacture, or sale of the generic version of the drug in question. SEC. 6. FILING DEADLINES. Any notice, agreement, or other material required to be filed under section 5 shall be filed with the Commission and the Secretary not later than 10 business days after the date the agreement is executed. SEC. 7. ENFORCEMENT. (a) Civil Fine.--Any person, or any officer, director, or partner thereof, who fails to comply with any provision of this Act shall be liable for a civil penalty of not more than $20,000 for each day during which such person is in violation of this Act. Such penalty may be recovered in a civil action brought by the United States, or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)). (b) Compliance and Equitable Relief.--If any person, or any officer, director, partner, agent, or employee thereof, fails to comply with the notification requirement under section 5 of this Act, the United States district court may order compliance, and may grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Commission or the Assistant Attorney General. SEC. 8. RULEMAKING. The Commission, in consultation with the Secretary, and with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5, United States Code, consistent with the purposes of this Act-- (1) may require that the notice described in section 5 of this Act be in such form and contain such documentary material and information relevant to the agreement as is necessary and appropriate to enable the Commission and the Assistant Attorney General to determine whether such agreement may violate the antitrust laws; (2) may define the terms used in this Act; (3) may exempt classes of persons or agreements from the requirements of this Act; and (4) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this Act. SEC. 9. EFFECTIVE DATES. This Act shall take effect 90 days after the date of enactment of this Act.
Prescription Drug Competition Act of 2001 - Requires brand name drug companies and generic drug applicants to file with the Federal Trade Commission and the Secretary of Health and Human Services specified information regarding any agreement regarding the sale or manufacture of a generic drug which the Secretary has determined is the therapeutic equivalent of the brand name drug or for which the applicant seeks a determination of therapeutic equivalence, if such agreement could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistive Technology Information Act of 1998''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) Assistive technology devices and services enable individuals with disabilities to assume greater control over their lives and to contribute more fully to society. (2) Rapid advancements in assistive technology continue to provide important new tools to help individuals with disabilities to become more independent and participate in activities related to home, school, work, and community. (3) Although substantial progress has been made in both the development of new assistive technology devices and the transfer and adaptation of existing assistive technology, information relating to assistive technology devices is often difficult to find and inconsistent. (b) Purpose.--The purpose of this Act is to establish a national public Internet site to provide to individuals with disabilities and the general public increased access to information on technology- related assistance and other related disability resources under title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2231 et seq.), including information on assistive technology devices and assistive technology services. SEC. 3. ESTABLISHMENT OF NATIONAL PUBLIC INTERNET SITE FOR INCREASED ACCESS TO INFORMATION UNDER THE TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988. (a) In General.--Title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2231 et seq.) is amended-- (1) by redesignating subtitle C as subtitle D; (2) by redesignating section 221 as section 231; and (3) by inserting after subtitle B the following: ``Subtitle C--Internet Site for Increased Access to Information on Technology-Related Assistance ``SEC. 221. ESTABLISHMENT OF INTERNET SITE. ``(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall enter into a contract with an institution of higher education described in subsection (b) to establish a national public Internet site for the purpose of providing to individuals with disabilities and the general public increased access to information on technology-related assistance and other related disability resources under this Act, including information on assistive technology devices and assistive technology services. ``(b) Institution of Higher Education.--An institution of higher education described in this subsection is an institution of higher education that has a curriculum focus in science and engineering at the undergraduate and graduate education levels and that has an existing multidisciplinary research center and with demonstrated expertise in-- ``(1) assistive technology and `intelligent agent' interactive information dissemination systems; ``(2) managing libraries of assistive technologies and disability resources; ``(3) delivering education, information, and referral services to individuals with disabilities, including technology-based curriculum development for adults with low- level reading skills; ``(4) developing cooperative partnerships with the private sector, particularly with private sector computer software and hardware and Internet services entities; and ``(5) advanced Internet site development and design. ``(c) Features of Internet Site.--The national public Internet site described in subsection (a) shall contain the following features: ``(1) Any member of the public may obtain information posted on the site at any time. ``(2) The site shall be constructed with an innovative automated `intelligent agent' that is a diagnostic tool for assisting users in problem definition and the selection of appropriate assistive technology devices and assistive technology services resources. ``(3)(A) The site shall include access to a comprehensive working library on assistive technology for all environments, including the home, workplace, transportation, and other environments. ``(B) The site shall include resources for the largest number of disabilities, including resources relating to low- level reading skills. ``(4) To the extent feasible, relevant private sector resources and information shall be linked to the site under agreements developed between the university and cooperating private sector entities. ``SEC. 222. APPLICATION. ``The Secretary may not enter into a contract under section 221 with an institution of higher education unless the institution submits to the Secretary an application in such form and containing such information as the Secretary may require. ``SEC. 223. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subtitle-- ``(1) $1,042,000 for fiscal year 1999; ``(2) $1,023,000 for fiscal year 2000; ``(3) $998,000 for fiscal year 2001; ``(4) $543,000 for fiscal year 2002; and ``(5) $565,000 for fiscal year 2003. ``(b) Availability.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. ``SEC. 224. DEFINITION. ``As used in this subtitle, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (b) Conforming Amendment.--Section 231 of such Act, as redesignated by subsection (a)(2), is amended by inserting ``(except subtitle C)'' after ``to carry out this title''.
Assistive Technology Information Act of 1998 - Amends the Technology-Related Assistance for Individuals With Disabilities Act of 1988 to direct the Secretary of Education to contract with an institution of higher education to establish a national public Internet site for providing to individuals with disabilities and the general public increased access to information on technology-related assistance and other related disability resources under the Act, including information on assistive technology devices and services. Requires the institution chosen to have demonstrated experience in assistive technology, among other requirements. Outlines information features required on the Internet site. Authorizes appropriations for FY 1999 through 2003.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Privacy Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) People in the United States lack important privacy protections. (2) The opportunities for an individual to secure employment, insurance, and credit, to obtain medical care, and to participate in electronic commerce are endangered by the potential for misuse of certain personal information. (3) Because markets work through trust, predictability, and stability, privacy protections should help businesses gain the trust of consumers and compliment existing practices. (4) 84 percent of Internet users are concerned about businesses and people they do not know obtaining personal information about them. (5) Nearly 80 percent of online consumers have at some time abandoned e-commerce transactions due to privacy concerns, resulting in an estimated loss to companies of $12.4 billion in 2000. (6) In order to protect the privacy of individuals in the Information Age, it is necessary and appropriate for public officials to take steps to safeguard this essential freedom. (b) Purpose.--The purpose of this Act is to assure that personal information about an individual consumer in the United States is properly protected and that any use of such information by others is consistent with the prior consent of the consumer. SEC. 3. PROTECTION OF PERSONAL INFORMATION. (a) Limitations on Disclosure of Personal Information.--An information recipient shall not disclose to any other person personal information collected or obtained from or about a consumer, unless-- (1) such disclosure is made after the consumer has been provided with a clear and concise description of the extent and circumstances under which such a disclosure may occur; (2) such disclosure does not exceed the scope of the consumer's prior consent, which shall be-- (A) in the case of disclosure of personal information, granted tacitly or affirmatively by the consumer after receiving the description required by paragraph (1); or (B) in the case of disclosure of sensitive personal information, granted affirmatively by the consumer after receiving the description required by paragraph (1); and (3) the consent granted under paragraph (2) has not subsequently been withdrawn by the consumer. (b) Limitation on Collection of Optional Information.--An information recipient may not require a consumer to provide, as a condition of entering into or completing a transaction with the information recipient, personal information that is not necessary to complete the transaction. (c) Limitation on Refusal to Transact.--An information recipient may not terminate or refuse to enter into a transaction with a consumer because the consumer has not granted, or has withdrawn, the consent required by subsection (a), except when the sole purpose of the transaction is the acquisition of such information for disclosure. (d) Reasonable Access to Personal Information.--An information recipient shall provide to a consumer about whom personal information has been obtained reasonable access to the consumer's personal information. SEC. 4. EXCEPTIONS. Section 3 does not apply to the disclosure of personal information-- (1) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer; (2) to protect the confidentiality or security of personal information; (3) to prevent or investigate fraud, an unauthorized transaction, a claim, or other liability; (4) to collect a debt or dishonored item; (5) for the purpose of a securitization or secondary market sale (including servicing rights); (6) for the purposes of legal process; (7) for law enforcement purposes; (8) for governmental regulatory purposes; (9) as otherwise authorized or required under a Federal law; or (10) if the Federal Trade Commission has made a finding that such a disclosure is consistent with the purposes of this Act and in the public interest. SEC. 5. UNFAIR OR DECEPTIVE ACT OR PRACTICE. (a) Violation of Act.--Disclosure of personal information about a consumer in a manner that violates this Act constitutes an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45)). (b) Violation of Rule.--Violation of a rule made under this Act constitutes violation of a rule defining an unfair or deceptive act or practice made under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 6. SAFE HARBOR. (a) Practices and Procedures, Guidelines.--A person does not commit a violation of this Act if such person-- (1) establishes, implements, and follows reasonable practices and procedures to effectively prevent a violation of this Act; (2) implements and follows a set of guidelines setting forth reasonable practices and procedures to effectively prevent a violation of this Act, if such guidelines are-- (A) issued by a self-regulatory organization to which such person is, or could be, subject; and (B) approved under subsection (b), after submission by such organization to the Federal Trade Commission; or (3) implements and follows a set of model guidelines issued by the Commission, after notice and opportunity for comment, setting forth reasonable practices and procedures to effectively prevent a violation of this Act. (b) Approval of Guidelines.--Not later than 90 days after receiving a request by a self-regulatory organization for approval of guidelines under subsection (a)(2) and after notice and an opportunity for comment, the Federal Trade Commission shall approve or disapprove such proposed guidelines (setting forth in writing the reasons for any disapproval). SEC. 7. PRIVATE RIGHT OF ACTION. A consumer may bring in an appropriate district court of the United States or, if otherwise permitted by the laws or rules of court of a State, in an appropriate court of that State-- (1) a civil action to enjoin a violation of this Act; (2) a civil action to recover-- (A) the greater of actual monetary loss or $1,000 in damages for each such violation; and (B) up to $10,000, to be determined in the discretion of the court, if the court finds that the defendant willfully or knowingly violated such rules; or (3) both such actions. SEC. 8. ACTIONS BY STATES. (a) Authority of States.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of violations of this Act, the State, on behalf of its residents, may bring-- (1) a civil action to enjoin such violations; and (2) a civil action to recover-- (A) the greater of actual monetary loss of such residents or $1,000 in damages for each such violation; and (B) up to $10,000, to be determined in the discretion of the court, if the court finds that the defendant willfully or knowingly violated such rules; or (3) both such actions. (b) Exclusive Jurisdiction of Federal Courts.--(1) The district courts of the United States shall have exclusive jurisdiction over all civil actions brought under this section. (2) Upon a proper showing in a civil action brought under this section, a permanent or temporary injunction or restraining order shall be granted without bond. (c) Rights of Federal Trade Commission.--(1) The State shall serve prior written notice of any civil action brought under this section upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (2) The Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (d) Limitation.--Whenever the Federal Trade Commission has commenced a civil action for violation of this Act, no State may, during the pendency of such action commenced by the Commission, subsequently commence a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. SEC. 9. PREEMPTION. This Act and the rules made under this Act preempt any inconsistent provision of State law. SEC. 10. DEFINITIONS. In this Act: (1) The term ``information recipient'' means any person who obtains personal information from or about a consumer, through a transaction in or affecting interstate or foreign commerce. Such term does not include-- (A) an affiliate, parent entity, or subsidiary of such person; or (B) the consumer about whom such information has been obtained. (2) The term ``consumer'' means an individual who is or was in a consumer relationship with an information recipient. (3) The term ``personal information'' means personally identifiable information and sensitive personal information. (4) The term ``personally identifiable information'' includes, with respect to a consumer-- (A) a name; (B) an address; (C) a phone number; and (D) an electronic mail address. (5) The term ``sensitive personal information'' includes, with respect to a consumer-- (A) a Social Security identification number; and (B) financial information. (6) The term ``State'' includes any commonwealth, territory, or possession of the United States. (7) The term ``violation of this Act'' includes violation of a rule made under this Act. SEC. 11. RULEMAKING AUTHORITY. Not later than one year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules, in accordance with section 553 of title 5, United States Code, to carry out this Act, which shall take effect not later than 180 days after their publication in final form. SEC. 12. EFFECTIVE DATE. This Act (other than section 11) shall take effect on the same date that the rules prescribed under section 11 take effect.
Consumer Privacy Protection Act - Prescribes limitations upon the disclosure by an information recipient of consumer personal and optional information, with certain exceptions. Mandates reasonable consumer access to such personal information.Deems disclosures in violation of this Act to constitute unfair or deceptive practices within the purview of the Federal Trade Commission Act. Specifies practices and procedures that shall not be deemed a violation of this Act. Authorizes civil suits brought in Federal district courts by: (1) a consumer for violations of this Act; and (2) a State, for any person engaging in a pattern or practice of such violations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Sovereignty Protection Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In response to a California Supreme Court decision that overturned Proposition 5, the passage of which in 1998 confirmed gaming rights for California tribes, the United States attorney declared that all tribal gaming in California must cease unless Tribal-State compacts were signed by October 13, 1999. (2) It is estimated that Indian gaming in California directly supports more than 16,000 jobs and indirectly supports another 34,000 jobs in California, while it has reduced welfare payments by $50,000,000. (3) Faced with the prospect that their most valuable economic assets would be shut down, 61 California tribes were essentially forced to sign gaming compacts with California Governor Gray Davis. (4) The Governor of California acted in bad faith by conditioning those compacts on the tribes' signing separate labor agreements that could result in the forced intrusion by labor unions on sovereign tribal lands and the unprecedented unionization of Indian casino employees. (5) The United States Constitution recognizes Indian tribes as sovereign governmental entities. (6) Indian tribes have an inherent right to govern themselves consistent with the United States Constitution, treaties, laws, and court decisions. (7) The National Labor Relations Board has held that tribally-owned and operated businesses located on Indian lands are exempt from the National Labor Relations Act under the Act's exemption for government entities. (8) The labor agreements forced on the tribes in California establish jurisdiction outside of the National Labor Relations Board and would instead be enforceable in State court. (9) By signing these labor agreements, California tribes were forced to cede their sovereignty and their constitutional rights to the State of California in order to save their enterprises from being shut down by the United States Department of Justice. (10) The Indian Gaming Regulatory Act was established to ``[promote] tribal economic development'' and ``for the regulation of gaming by an Indian tribe adequate to shield it from organized crime . . . and to ensure that the Indian tribe is the primary beneficiary of the gaming operation''. (11) Labor agreements have never been part of Tribal-State compacts outside California and could undermine the stated purposes of the Indian Gaming Regulatory Act. (12) The situation in California is part of a broader attack on tribal sovereignty led by labor-backed interests. (13) The recently-released report of the National Gambling Impact Study Commission, at the insistence of commission member John Wilhelm, president of the Hotel Employee and Restaurant Employee International Union, recommends that Indian tribes voluntarily enter into agreements with organized labor that could lead to the unionization of Indian casino employees, and states that if the tribes do not reach such agreements within a ``reasonable period of time'' that ``Congress should enact legislation establishing'' labor organizing rights, essentially forcing the tribes to unionize their casino employees. (14) The decision to allow access to tribal employees and the unionization of tribally owned and operated casinos located on tribal lands should be determined solely by the individual sovereign tribes, not the State or Federal Government. (15) Amending the Indian Gaming Regulatory Act to ensure that Indian tribes cannot be forced to provide access to or otherwise unionize their casino employees as a condition of obtaining a federally approved Tribal-State gaming compact under the Indian Gaming Regulatory Act would protect the constitutional rights of all federally recognized tribes and honor the Federal Government's treaty obligations to Native Americans, and would ensure that no tribe could be forced into any labor agreement against its will. SEC. 3. PROHIBITION ON LABOR AGREEMENTS AS PART OF TRIBAL-STATE COMPACTS. Section 11(d)(3) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)) is amended by adding at the end the following: ``(D) No Tribal-State compact negotiated under subparagraph (A) shall include, or be conditioned by another agreement which includes, any provision relating to labor terms or conditions (including terms or conditions related to free association, organizing, or collective bargaining) for employees of tribally owned businesses located on Indian lands. Any such provision entered into before, on, or after the date of the enactment of this subparagraph shall be null and void. If such a provision is included in, or otherwise is purported to condition the effectiveness of, a Tribal-State compact, such provision shall be deemed as severed from and not conditioning the effectiveness of the Tribal-State compact which shall remain in force as if such provision had never been executed.''.
Tribal Sovereignty Protection Act - Amends the Indian Gaming Regulatory Act to prohibit negotiated Tribal-State compacts from including, or being conditioned upon, any provision relating to labor terms or conditions for employees of tribally owned businesses located on Indian lands.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Family Building Act of 2007''. (b) Findings.--Congress makes the following findings: (1) Infertility is a disease affecting more than 6,000,000 American women and men, about 10 percent of the reproductive age population. (2) Recent improvements in therapy make pregnancy possible for more couples than in past years. (3) The majority of group health plans do not provide coverage for infertility therapy. (4) A fundamental part of the human experience is fulfilling the desire to reproduce. SEC. 2. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. (a) Group Health Plans.-- (1) Public health service act amendment.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) Requirements for Coverage of Treatment of Infertility.-- ``(1) In general.--In a case in which a group health plan, and a health insurance issuer offering group health insurance coverage provides coverage for obstetrical services, such plan or issuer shall include (consistent with this section) coverage for treatment of infertility. ``(2) Infertility defined.--For purposes of this section, the term `infertility' means a disease or condition that results in the abnormal function of the reproductive system, which results in-- ``(A) the inability to conceive after 1 year of unprotected intercourse, or ``(B) the inability to carry a pregnancy to live birth. ``(b) Required Coverage.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage shall provide coverage for treatment of infertility deemed appropriate by a participant or beneficiary and the treating physician. Such treatment shall include ovulation induction, artificial insemination, in vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), intracytoplasmic sperm injection (ICSI), and any other treatment provided it has been deemed as `non-experimental' by the Secretary of Health and Human Services after consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE, and the American College of Obstetricians and Gynecologists. ``(2) Limitation on coverage of assisted reproductive technology.-- ``(A) In general.--In the case of assisted reproductive technology, coverage shall be provided if-- ``(i) the participant or beneficiary has been unable to bring a pregnancy to a live birth through less costly medically appropriate infertility treatments for which coverage is available under the insured's policy, plan, or contract; ``(ii) the participant or beneficiary has not undergone 4 complete oocyte retrievals, except that if a live birth follows a completed oocyte retrieval, then at least 2 more completed oocyte retrievals shall be covered, with a lifetime cap of 6 retrievals; and ``(iii) the treatment is performed at a medical facility that-- ``(I) conforms to the standards of the American Society for Reproductive Medicine; and ``(II) is in compliance with any standards set by an appropriate Federal agency. ``(B) Definition of assisted reproductive technology.--For purposes of this paragraph, the term `assisted reproductive technology' includes all treatments or procedures that involve the handling of human egg and sperm for the purpose of helping a woman become pregnant. Types of Assisted Reproductive Technology include in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, embryo cryopreservation, egg or embryo donation, and surrogate birth. ``(3) Review by the secretary of health and human services.--Not later than 5 years after the date of enactment of the Family Building Act of 2007, the Secretary of Health and Human Services, in consultation with the American Society for Reproductive Medicine and RESOLVE: the National Infertility Association, shall review the requirements for treatment of infertility established under paragraphs (1) and (2). ``(c) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for infertility therapy may not be imposed to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(d) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments to which they are entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; ``(3) prohibit a provider from discussing with a participant or beneficiary infertility treatment techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments to a qualified participant or beneficiary in accordance with this section. ``(e) Rule of Construction.--Nothing in this section shall be construed to require a participant or beneficiary to undergo infertility therapy. ``(f) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(g) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(h) Preemption.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to infertility treatments or prevention.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with such a plan shall comply with the requirements of section 2707 of the Public Health Service Act, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer offering health insurance coverage in connection with a group health plan shall comply with the notice requirement under section 713(b) with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Standards relating to benefits for treatment of infertility.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after the date occurring 6 months after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date occurring 6 months after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENT TO TITLE 5, UNITED STATES CODE. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) Each contract under this chapter which provides obstetrical benefits shall also provide (in a manner consistent with section 2707 of the Public Health Service Act) coverage for the diagnosis and treatment of infertility (as defined by such section). ``(2) Subsection (m)(1) shall not, with respect to any contract under this chapter, prevent the inclusion of any terms which, under paragraph (1), are required by reason of section 2707(h) of the Public Health Service Act.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts entered into or renewed for contract years beginning at least 6 months after the date of enactment of this Act. SEC. 4. DEFENSE HEALTH CARE PLANS. (a) In General.--(1) Chapter 55 of title 10, is amended by inserting after section 1099 the following new section: ``Sec. 1099a. Health care plans: obstetrical and infertility benefits ``(a) In General.--Any health care plan under this chapter that provides obstetrical benefits shall also provide (in a manner consistent with section 2707 of the Public Health Service Act) coverage for the diagnosis and treatment of infertility (as defined by such section). ``(b) Regulations.--The Secretary of Defense shall precribe any regulations necessary to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1099a. Health care plans: obstetrical and infertility benefits.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts entered into or renewed for contract years beginning at least 6 months after the date of enactment of this Act.
Family Building Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act (ERISA) to require a group health plan that provides coverage for obstetrical services to include coverage for non-experimental treatment of infertility that is deemed appropriate by a participant or beneficiary and the treating physician. Requires coverage for assisted reproductive technology only if certain conditions are met. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance coverage offered in the individual market and coverage offered through Federal Employees Health Benefit (FEHB) plans and Department of Defense health care plans.
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SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``More Water, More Energy, and Less Waste Act of 2007''. (b) Findings.--The Congress finds that-- (1) development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources; (2) some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste; (3) reducing the quantity of produced water returned to the subsurface and increasing the quantity of produced water that is made available for irrigation and other uses-- (A) would augment water supplies; (B) could reduce the costs to energy developers for disposing of the water; and (C) in some cases, could increase the efficiency of energy development activities; and (4) it is in the national interest-- (A) to limit the quantity of produced water disposed of as waste; (B) to optimize the production of energy resources; and (C) to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment. (c) Purposes.--The purposes of this Act are-- (1) to optimize the production of energy resources-- (A) by minimizing the quantity of produced water; and (B) by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment; and (2) to demonstrate means of accomplishing those results. SEC. 2. DEFINITIONS. In this Act: (1) Lower basin state.--The term ``Lower Basin State'' means any of the States of-- (A) Arizona; (B) California; and (C) Nevada. (2) Produced water.--The term ``produced water'' means water from an underground source that is brought to the surface as part of the process of exploration for, or development of-- (A) oil; (B) natural gas; (C) coalbed methane; or (D) any other substance to be used as an energy source. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Upper basin state.--The term ``Upper Basin State'' means any of the States of-- (A) Colorado; (B) New Mexico; (C) Utah; and (D) Wyoming. SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS. (a) Study.--The Secretary, acting through the Commissioner of Reclamation, the Director of the United States Geological Survey, and the Director of the Bureau of Land Management shall conduct a study to identify-- (1) the technical, economic, environmental, and other obstacles to reducing the quantity of produced water; (2) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality or the environment; (3) the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in paragraphs (1) and (2); and (4) the costs and benefits associated with reducing or eliminating the obstacles identified in paragraphs (1) and (2). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under subsection (a). SEC. 4. IMPLEMENTATION. (a) Grants.--Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of-- (1) optimizing energy resource production by reducing the quantity of produced water generated; or (2) increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment. (b) Limitations.--Assistance under this section-- (1) shall be provided for-- (A) at least 1 project in each of the Upper Basin States; and (B) at least 1 project in at least 1 of the Lower Basin States; (2) shall not exceed $1,000,000 for any project; (3) shall be used to pay not more than 50 percent of the total cost of a project; (4) shall not be used for the operation or maintenance of any facility; and (5) may be in addition to assistance provided by the Federal Government pursuant to other provisions of law. SEC. 5. CONSULTATION, ADVICE, AND COMMENTS. In carrying out this Act, including in preparing the report under section 3(b) and establishing criteria to be used in connection with an award of financial assistance under section 4, the Secretary shall-- (1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials; (2)(A) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and (B) to the extent the Secretary determines to be advisable, include that information in the report under section 3(b); (3) seek the advice of-- (A) individuals with relevant professional or academic expertise; and (B) individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and (4) solicit comments and suggestions from the public. SEC. 6. RELATION TO OTHER LAWS. Nothing in this Act supersedes, modifies, abrogates, or limits-- (1) the effect of any State law or any interstate authority or compact relating to-- (A) any use of water; or (B) the regulation of water quantity or quality; or (2) the applicability or effect of any Federal law (including regulations). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $1,000,000 to carry out section 3; and (2) $7,500,000 to carry out section 4.
More Water, More Energy, and Less Waste Act of 2007 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, the Director of the U.S. Geological Survey, and the Director of the Bureau of Land Management (BLM), to conduct a study to identify: (1) the obstacles to reducing the quantity of produced water (water from an underground source that is brought to the surface as part of the exploration for or development of oil, natural gas, coal-bed methane, or any other substance to be used as an energy source) and to increasing the extent to which produced water can be used for irrigation or other purposes without adversely affecting water quality or the environment; and (2) the actions that could reduce or eliminate such obstacles and the associated costs and benefits. Directs the Secretary to provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of: (1) optimizing energy resource production by reducing the quantity of produced water generated; or (2) increasing the extent to which produced water may be recovered and made suitable for specified purposes. Requires such assistance to be provided for at least one project in: (1) each of the Upper Basin States (Colorado, New Mexico, Utah, and Wyoming); and (2) each of the Lower Basin States (Arizona, California, and Nevada). Prohibits such assistance from exceeding $1 million per project, from being used to pay more than 50% of the total project cost, or from being used for facility operation or maintenance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caging Prohibition Act of 2009''. SEC. 2. PROHIBITION ON VOTER CAGING. (a) Definitions.--In this section: (1) Voter caging document.--The term ``voter caging document'' means-- (A) any nonforwardable document that is sent to an individual at the address at which such individual is registered or seeking to become registered as a voter in a Federal election and that is returned to the sender or to a third party as undelivered or undeliverable; and (B) any document (other than a notice described in section 8(d) of the National Voter Registration Act of 1993) that is sent to an individual at the address at which such individual is registered as a voter in a Federal election and that contains instructions to return the document to the sender or a third party but is not so returned. (2) Voter caging list.--The term ``voter caging list'' means any list of individuals compiled from voter caging documents. (3) Unverified list match.--The term ``unverified list match'' means a list produced by either of the following: (A) Matching-- (i) the identity of registered voters or applicants for voter registration, with (ii) the identity of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, mental impairment, or otherwise, unless the process for matching the identities under this subparagraph establishes beyond a reasonable doubt that the identities belong to the same individual. (B) Failing to match-- (i) the identity of registered voters or applicants for voter registration, with (ii) the identity of individuals who are listed in the database of the State motor vehicle authority or in information provided by the Commissioner of Social Security under an agreement under section 205(r)(8) of the Social Security Act (42 U.S.C. 405(r)(8)). (b) Conduct by Election Officials Prohibited.--No State or local election official shall prevent an individual from registering or voting (including voting by provisional ballot) in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote (including eligibility to cast a provisional ballot), if the sole basis for such decision or challenge is evidence consisting of-- (1) a voter caging document or voter caging list; (2) an unverified list match; (3) the foreclosure status of the individual's residence; or (4) information indicating a change of residence, except in the case of change of residence information obtained in conformance with section 8(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)). (c) Requirements for Challenges by Persons Other Than Election Officials.-- (1) Attestation of first-hand knowledge of ineligibility.-- No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless the challenge-- (A) sets forth in writing the specific reason to believe that the individual who is the subject of the challenge is ineligible, including a description of the evidence supporting that belief; and (B) is subject to an oath or attestation under penalty of perjury that such individual is ineligible to register to vote or to vote in that election. (2) Prohibiting challenges based on certain evidence.--No person shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office if the sole basis for such challenge is evidence consisting of-- (A) a voter caging document or voter caging list; (B) an unverified list match; (C) the foreclosure status of the individual's residence; or (D) information indicating a change of residence, except in the case of change of residence information obtained in conformance with section 8(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)). (3) Penalties for knowing misconduct.--Whoever, other than a State or local election official, knowingly challenges the eligibility of any individual to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of paragraph (1) or (2) with the intent that one or more such individuals be disqualified from voting, shall be fined not more than $50,000 for each such violation. (d) No Effect on National Voter Registration Act of 1993.--Nothing in this section shall be construed to override the protections of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
Caging Prohibition Act of 2009 - Prohibits state or local election officials from preventing an individual from registering or voting (including by provisional ballot) in any election for federal office, or permitting a formal challenge under state law to an individual's registration status or eligibility to vote in a federal election, if the sole basis for such decision or challenge is evidence consisting of: (1) a voter caging document or voter caging list; (2) an unverified match list; (3) the foreclosure status of the individual's residence; or (4) certain information indicating a change of residence. Defines "voter caging document" as: (1) any nonforwardable document that is sent to an individual at the address at which such individual is registered (or seeking to become registered) as a voter in a federal election, and that is returned to the sender or to a third party as undelivered or undeliverable; and (2) any document (other than a notice warning of possible removal from the voting rolls) sent to an individual at the address at which such individual is registered containing instructions to return the document to the sender or a third party, but is not so returned. Defines "unverified match list" as one produced by: (1) matching the identity of registered voters or voter registration applicants with the identity of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, mental impairment, or otherwise, unless the process for matching the identities establishes beyond a reasonable doubt that the identities belong to the same individual; or (2) failing to match the identity of registered voters or voter registration applicants with the identity of individuals listed in the database of the state motor vehicle authority or in information provided by the Commissioner of Social Security under a verification agreement. Outlines requirements for challenges to an individual's registration or voting eligibility by persons other than election officials.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Science and Technology for the 21st Century Act''. SEC. 2. OFFICE OF AIR FORCE RESEARCH. (a) In General.--(1) Chapter 803 of title 10, United States Code, is amended by adding at the end the following new sections: ``Sec. 8023. Office of Air Force Research ``(a)(1) There is in the Office of the Secretary of the Air Force an Office of Air Force Research, at the head of which is a Director of Air Force Research. ``(2) Subject to the authority, direction, and control of the Secretary of the Air Force, the Director of Air Force Research serves as-- ``(A) the principal advisor to the Secretary of the Air Force on all research matters; ``(B) the principal advisor to the Chief of Staff of the Air Force on all research matters; and ``(C) the principal Air Force representative on research matters to other Government, academic, scientific, and corporate agencies. ``(3) Unless appointed to higher grade under another provision of law, an officer, while serving as Director of Air Force Research, has the grade of major general. ``(b)(1) There is a Deputy Director of Air Force Research, who shall be an employee in the Senior Executive Service and shall be located at and assigned to a major laboratory or field installation. ``(2) Subject to the authority, direction, and control of the Director of Air Force Research, the Deputy Director of Air Force Research is-- ``(A) responsible for the execution of the Air Force Research Laboratory technical program; and ``(B) responsible for operational aspects of the Air Force Research Laboratory. ``(c) The Office of Air Force Research shall perform such duties as the Secretary of the Air Force prescribes relating to-- ``(1) the encouragement, promotion, planning, initiation, and coordination of Air Force research; ``(2) the conduct of Air Force research in augmentation of and in conjunction with the research and development conducted by the bureaus and other agencies and offices of the Department of the Air Force; and ``(3) the supervision, administration, and control of activities within or for the Department relating to patents, inventions, trademarks, copyrights, and royalty payments, and matters connected therewith. ``(d) Subject to the authority, direction, and control of the Secretary of the Air Force, the Director of Air Force Research shall ensure that the management and conduct of the science and technology programs of the Air Force are carried out in a manner that will foster the transition of science and technology to higher levels of research, development, test, and evaluation. ``(e) Sufficient information relative to estimates of appropriations for research by the several bureaus and offices shall be furnished to the Office of Air Force Research to assist it in coordinating Air Force research and carrying out its other duties. ``(f) The Office of Air Force Research shall perform its duties under the authority of the Secretary, and its orders are considered as coming from the Secretary. ``Sec. 8024. Air Force Science and Technology Policy Council ``(a) There is in the Department of the Air Force a Science and Technology Policy Council consisting of-- ``(1) the Vice Chief of Staff of the Air Force, as chairman, with the power of decision; ``(2) the Assistant Secretary of the Air Force with responsibilities for acquisition; ``(3) the Director of Air Force Research; ``(4) the commander of the Air Force Materiel Command; and ``(5) The Deputy Chief of Staff of the Air Force with responsibilities for installations. ``(b) The responsibilities of the Council include the following: ``(1) To advise the Secretary of the Air Force and the Chief of Staff of the Air Force on matters of broad policy and budget relating to the Air Force science and technology program. ``(2) To identify, set priorities among, and endorse future Air Force technological capabilities. ``(3) To oversee and review major science and technology programs as they relate to meeting capabilities identified pursuant to paragraph (2). ``(4) To determine the appropriate balance between programs for the purpose of meeting requirements and programs for the purpose of pursuing long-term technologies. ``(5) To identify, set priorities among, and endorse planning and budgeting for the transition of science and technology to higher levels of research, development, test, and evaluation. ``(c) Subject to the approval of the Secretary of the Air Force, the Council shall appoint, from among personnel of the Department of the Air Force, a staff to assist the Council in carrying out its responsibilities. ``Sec. 8025. Air Force Scientific Advisory Board ``(a) The Secretary of the Air Force may appoint an Air Force Scientific Advisory Board consisting of not more than 15 civilians preeminent in the fields of science, research, and development work. Each member serves for such term as the Secretary specifies. ``(b) The Board shall meet at such times as the Secretary specifies to consult with and advise the Chief of Staff of the Air Force and the Director of Air Force Research. ``(c) No law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States applies to members of the Board solely by reason of their membership on the Board.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``8023. Office of Air Force Research. ``8024. Air Force Science and Technology Policy Council. ``8025. Air Force Scientific Advisory Board.''. (b) Conforming Amendment.--Section 8014(b) of title 10, United States Code, is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) The Director of Air Force Research.''.
Establishes within the Air Force a Science and Technology Policy Council to perform advisory and oversight responsibilities with respect to Air Force policy and budget relating to its science and technology program. Authorizes the Secretary to appoint an Air Force Scientific Advisory Board to consult with and advise the Chief of Staff and the Director.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``The 9-11 Commission Combating Proliferation Implementation Act''. TITLE I--OFFICE FOR COMBATING THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION SEC. 101. OFFICE FOR COMBATING THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION. (a) Establishment.--There is established within the Executive Office of the President an office to be known as the ``Office for Combating the Proliferation of Weapons of Mass Destruction'' (in this title referred to as the ``Office''). (b) Officers.--(1) The head of the Office shall be the Director of the Office. (2) There shall be a Deputy Director of the Office, who shall-- (A) assist the Director in carrying out the responsibilities of the Director under this title; and (B) serve as Acting Director in the absence of the Director and during any vacancy in the office of Director. (3) The Director and Deputy Director-- (A) shall be appointed by the President, by and with the advice and consent of the Senate; and (B) shall serve at the pleasure of the President. (4) No person shall serve as Director or Deputy Director while serving in any other position in the Federal Government. (c) Responsibilities.--Subject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) To develop policies, goals, objectives, and priorities for the United States for preventing the proliferation of weapons of mass destruction. (2) To serve as the principal advisor to the President with respect to those policies, goals, objectives, and priorities. (3) To develop a comprehensive strategy for the United States for the prevention of the proliferation of weapons of mass destruction, to be known as the ``Strategy for Combating the Proliferation of Weapons of Mass Destruction'' (in this title referred to as the ``Strategy''). (4) To coordinate, oversee, and evaluate the implementation and execution of the Strategy by the agencies of the Federal Government with responsibilities for preventing the proliferation of weapons of mass destruction. (5) To direct the development of comprehensive annual budgets submitted under section 1105(a) of title 31, United States Code, for the programs and activities under the Strategy. (6) To certify to the President, prior to the submission to Congress of each annual budget under that section, whether the budget for each element of preventing the proliferation of weapons of mass destruction is consistent with and adequate for carrying out the Strategy. (7) To carry out any other responsibilities relating to development, coordination, funding, and implementation of United States policy on the prevention of the proliferation of weapons of mass destruction that the President considers appropriate. (d) Authorities of the Director.--In carrying out subsection (c), the Director shall have authority to-- (1) develop and present to the President annual unified budgets for the prevention of the proliferation of weapons of mass destruction, including the authorities to-- (A) provide guidance on the development of annual budgets for each element of the prevention of the proliferation of weapons of mass destruction; (B) direct, coordinate, and modify the annual budgets of the elements of the prevention of the proliferation of weapons of mass destruction, in consultation with the heads of those elements; and (C) approve the budget of each element of the prevention of the proliferation of weapons of mass destruction before that budget may be provided to the President for transmission to the Congress; (2) transfer between accounts and agencies funds appropriated and associated resources available for the prevention of the proliferation of weapons of mass destruction and detail personnel when the Director makes a determination that doing so is necessary in order to-- (A) respond to an emergent risk of proliferation; (B) eliminate duplication of effort; or (C) significantly increase programmatic efficiency; (3) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office; (4) subject to paragraphs (3) and (4) of subsection (e), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in activities involving the prevention of the proliferation of weapons of mass destruction on temporary detail to another department, agency, or program in order to implement the Strategy, and the head of the department or agency shall comply with such a request; (5) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal agencies; (6) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of that title; (7) use the mails in the same manner as any other department or agency of the executive branch; and (8) monitor implementation of the Strategy, including-- (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations. (e) Personnel Detailed to Office.--(1) Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under that chapter for any rating period, or part thereof, that the employee is detailed to the Office. (2)(A) Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) An amount paid under this paragraph to an employee for any period-- (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(4) during any fiscal year is-- (A) for the Department of Defense, 5; (B) for the Department of Energy, 5; (C) for the Department of State, 5; and (D) for any other department or agency, 2. (4) A detail under subsection (d)(4) shall expire on the last day of the fiscal year after the fiscal year in which it is ordered by the Director unless extended by law or by an official having authority to extend it further. (f) Report on Strategic Plan.--(1) Not later than June 1, 2008, the Director shall submit to Congress the Strategy developed under subsection (c)(3), together with any recommendations of the Director for legislative changes that the Director considers appropriate with respect to either the Strategy and its implementation or the Office. (2) Not later than December 31 of each year after 2007, the Director shall submit to the Congress an updated Strategy and any such recommendations. (g) Global Coalition.--(1) The Director shall develop the Strategy and, in consultation with the Secretary of State, carry out the programs for which the Director is responsible in coordination with appropriate officials of the foreign governments concerned. (2) In consultation with the Secretary of State, the Director shall seek to develop and provide leadership for a coalition of United States and foreign governments committed to achieving the prevention of the proliferation of weapons of mass destruction through programs similar to those specified in section 103. (h) Oversight by Congress.--The location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of Congress, to-- (1) any information, document, record, or paper in the possession of the Office or any study conducted by or at the direction of the Director; or (2) any personnel of the Office, including the Director. (i) Pay of Director and of Deputy Director.--Chapter 53 of title 5, United States Code, is amended-- (1) in section 5312, by inserting after the item relating to the Director of National Intelligence the following new item: ``Director of the Office for Combating the Proliferation of Weapons of Mass Destruction.''; and (2) in section 5313, by inserting after the item relating to the Administrator of the Federal Emergency Management Agency the following new item: ``Deputy Director of the Office for Combating the Proliferation of Weapons of Mass Destruction.''. (j) Authorization of Appropriations.--There all authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 102. REQUEST FOR CORRESPONDING RUSSIAN DIRECTOR. It is the sense of the Congress that, as soon as practical, the President should personally request the President of the Russian Federation to designate an official of the Russian Federation having authorities and responsibilities for the prevention of the proliferation of weapons of mass destruction commensurate with those of the Director and with whom the Director should coordinate with respect to the planning and implementation in the Russian Federation of activities having the purpose of securing weapons of mass destruction. SEC. 103. SCOPE. In this title: (1) The term ``prevention of the proliferation of weapons of mass destruction'' includes activities under-- (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note); (B) the programs carried out by the National Nuclear Security Administration using amounts made available pursuant to an authorization of appropriations for defense nuclear nonproliferation activities; (C) programs authorized by section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (the FREEDOM Support Act) (22 U.S.C. 5854) and programs authorized by section 1412 of the Former Soviet Union Demilitarization Act of 1992 (22 U.S.C. 5902); and (D) a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the Director and the head of the agency. (2) The term ``weapons of mass destruction'' means chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials that can be used in the manufacture of such weapons. TITLE II--GLOBAL CLEANOUT SEC. 201. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the Secretary of Energy to carry out the program under section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569) $100,000,000 for each fiscal year. TITLE III--EXPANSION OF PROLIFERATION SECURITY INITIATIVE SEC. 301. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should strive to expand and strengthen the Proliferation Security Initiative announced by the President on May 31, 2003, placing particular emphasis on including countries outside of NATO; and (2) the United States should engage the United Nations to develop a Security Council Resolution to authorize the Proliferation Security Initiative under international law, including by providing legal authority to stop shipments of weapons of mass destruction, their delivery systems, and related materials. SEC. 302. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2008, $50,000,000 to conduct joint training exercises regarding interdiction of weapons of mass destruction under the Proliferation Security Initiative. Particular emphasis should be given to allocating money from this total-- (1) to invite other countries that do not participate in the Proliferation Security Initiative to observe the joint training exercises; and (2) to conduct training exercises with countries that openly join the Proliferation Security Initiative after the date of enactment of this Act. TITLE IV--COOPERATIVE THREAT REDUCTION PROGRAMS SEC. 401. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for Cooperative Threat Reduction programs not less than-- (1) $500,000,000 for fiscal year 2008; (2) $550,000,000 for fiscal year 2009; (3) $600,000,000 for fiscal year 2010; (4) $650,000,000 for fiscal year 2011; and (5) $700,000,000 for fiscal year 2012. SEC. 402. PERMANENT WAIVER AUTHORITY FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA. Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) shall not apply to the obligation and expenditure of funds during a fiscal year for the planning, design, or construction of a chemical weapons destruction facility in the Russian Federation if the President submits to Congress a written certification with respect to that fiscal year that includes-- (1) a statement as to why the waiver of the conditions during the fiscal year covered by such certification is consistent with the national security interests of the United States; and (2) a plan to promote a full and accurate disclosure by the Russian Federation regarding the size, content, status, and location of its chemical weapons stockpile. SEC. 403. REMOVAL OF FUNDING LIMITATION ON ACTIVITIES OUTSIDE THE FORMER SOVIET UNION. Section 1308(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-135; 117 Stat. 1662; 22 U.S.C. 5963(c)) is repealed. SEC. 404. LIABILITY REPORT. Not later than April 1, 2008, and every 6 months thereafter, the President shall submit to Congress a report identifying liability concerns regarding, and impediments to, the renegotiation of the Cooperative Threat Reduction umbrella agreement and ongoing negotiations for the implementation of the Plutonium Disposition, Nuclear Cities, and other cooperative nonproliferation programs. The report shall also outline a plan to address and resolve such concerns and impediments. SEC. 405. DEFINITION. In this title, the term ``Cooperative Threat Reduction programs'' means the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
9-11 Commission Combating Proliferation Implementation Act - Establishes within the Executive Office of the President the Office for Combating the Proliferation of Weapons of Mass Destruction (WMDs). Requires the Director of the Office to: (1) develop and advise the President on WMD anti-proliferation policies; and (2) implement a Strategy for Combating the Proliferation of WMDs. Expresses the sense of Congress that: (1) the President should request the President of the Russian Federation to appoint a corresponding official to the Director; (2) the President should expand and strengthen the Proliferation Security Initiative (PSI); and (3) the United States should engage the United Nations to develop a U.N. Security Council resolution authorizing the PSI under international law. Authorizes funding for: (1) acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide; (2) joint training exercises regarding interdiction of weapons of mass destruction under the PSI; and (3) Cooperative Threat Reduction programs (CTR). Gives the President permanent waiver authority over provisions prohibiting the use of certain CTR funds for chemical weapons destruction facilities in Russia. Amends the National Defense Authorization Act for Fiscal Year 2004 to repeal specified CTR fund limits for activities outside the former Soviet Union.
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SECTION 1. PORTABILITY OF ADVANCE DIRECTIVES. (a) In General.--An advance directive validly executed outside the State in which such directive is presented must be given effect to the same extent as an advance directive validly executed under the law of the State in which presented. (b) No Inference.--Nothing in this section may be construed to authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of the State. (c) Preemption.--The provisions of this section shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this section shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes. (d) Effective Date.--This section shall take effect on the date that is 6 months after the date of enactment of this Act. SEC. 2. AMENDMENTS TO RULES UNDER MEDICARE AND MEDICAID. (a) Medicare.--Section 1866(f)(1) of the Social Security Act (42 U.S.C. 1395cc(f)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the result under such State law if the individual is incapacitated in the absence of an advance directive, and''; (2) in subparagraph (B), by inserting ``and to include the content of such directive if the individual so desires'' before the semicolon; (3) in subparagraph (D), by striking ``and'' at the end; (4) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (5) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide for effective communication between the individual (or surrogate decision maker when appropriate) and the appropriate provider regarding all relevant aspects of health care decisions affecting the individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives.''. (b) Medicaid.--Section 1902(a) (42 U.S.C. 1396a(a)) is amended by inserting in paragraph 58, ``and what occurs in the absence of an advance directive'' after ``subsection (w) of this section.'' Section 1902(w)(1) of the Social Security Act (42 U.S.C. 1396a(w)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the result under such State law if the individual is incapacitated in the absence of an advance directive, and''; (2) in subparagraph (B), by inserting ``and to include the content of such directive if the individual so desires'' before the semicolon; (3) in subparagraph (D), by striking ``and'' at the end; (4) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (5) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide for effective communication between the individual (or surrogate decision maker when appropriate) and the appropriate provider regarding all relevant aspects of health care decisions affecting the individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives.''. (c) Application to Kidney Dialysis Centers of Provisions Relating to Advance Directives.-- (1) Medicare.--Section 1866(a)(1)(Q) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(Q)) is amended by striking ``and hospice programs'' and inserting ``hospice programs, and kidney dialysis centers''. (2) Medicaid.--Section 1902(a)(57) of such Act (42 U.S.C. 1396(a)(57)) is amended by striking ``hospice program'' and inserting ``hospice program, kidney dialysis center''. (d) Effective Date.--The amendments made by this section shall take effect on and after the date which is 1 year after the date of the enactment of this Act. SEC. 3. STUDY OF ISSUES RELATED TO END OF LIFE CARE. (a) Study.-- (1) In general.--Within 6 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences (or with another nonprofit, nongovernmental organization or consortium of institutions if the Institute declines to perform the study) to investigate and report on issues relating to care at the end of life, including how to determine the application of medically necessary or appropriate care for gravely or terminally ill or injured persons of all ages. (2) Specific issues.--The study described in paragraph (1) shall specifically include an examination of the following issues: (A) The epidemiology of dying. (B) Conditions that promote or impede appropriate care (such as professional training and beliefs, financing and organization of services, patient and public knowledge and attitudes). (C) Concerns of health care practitioners and providers, medical educators, the religious and medical ethics communities, the general public, and others responsible for public and private decisions about the organization, financing, and quality of health care in the United States. (D) Measures to evaluate systems of care on the quality of care they provide for gravely or terminally ill or injured patients. (E) Methods of communication and health care decisionmaking among providers, patients, and surrogates. (F) Priorities for research on the issues described in the preceding subparagraphs. (b) Report.--The Institute of Medicine (or the organization conducting the study under this section) shall submit to the Secretary and the Congress a report on the study described in subsection (a) within 27 months after the date of the enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
Provides for the portability among States of validly executed advance directives under Medicare and Medicaid provisions of the Social Security Act. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to require written policies and procedures of service providers to provide for effective communication with individuals regarding relevant aspects of health care decisions affecting such individual, including obtaining informed consent, individual prognosis and treatment decisions, and the formulation of advance directives. Requires a report to the Congress on a study of issues relating to care at the end of life, including how to determine the application of medically necessary or appropriate care for gravely or terminally ill or injured persons. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina and Hurricane Rita Fairness in Contracting Act of 2005''. SEC. 2. COMPETITION REQUIREMENTS. In entering into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts, the head of an executive agency shall comply with the requirements under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), except that the exceptions to the requirement for competitive procedures provided under paragraphs (3), (4), and (7) of subsection (c) of such section shall not apply to such contract. SEC. 3. WRITTEN APPROVAL FOR USE OF NON-COMPETITIVE PROCEDURES REQUIRED FOR CERTAIN CONTRACTS. (a) Approval Required.--The head of an executive agency may enter into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. (b) Congressional Notification Required.--In any case in which procedures other than full and open competitive procedures are to be used to enter into such a contract, the head of such executive agency shall submit not later than 7 calendar days before the award of the contract a notification to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the standing committees of the Senate and the House of Representatives that have jurisdiction over the executive agency. Such notification shall provide the justification for use of other than full and open competitive procedures, a brief description of the contract's scope, the amount of the contract, a discussion of how the contracting agency identified and solicited offers from contractors, a list of the contractors solicited, and the justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination of use of procedures other than full and open competitive procedures. (c) Scope of Requirements.-- (1) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (2) Applicability.--This section also shall apply to any extension, amendment or modification of contracts for the procurement of property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts entered into prior to the enactment of this Act using other than full and open competitive procedures. (3) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). SEC. 4. DISCLOSURE REQUIRED. (a) Publication and Public Availability.-- (1) In general.--The head of an executive agency that enters into a contract for the procurement of property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts through the use of other than full and open competitive procedures shall publish in the Federal Register or Federal Business Opportunities, and otherwise make available to the public not later than 7 calendar days before the date on which the contract is entered into, the following information: (A) The amount of the contract. (B) A brief description of the scope of the contract. (C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures. (2) Scope of requirements.-- (A) Size of contracts.--This section shall not apply to contracts of less than $5,000,000. (B) Applicability.--This section shall also apply to any extension, amendment, or modification of contracts entered into prior to the enactment of this Act using other than full and open competitive procedures. (C) Small business exception.--This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.). (b) Relationship to Other Disclosure Laws.--Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. SEC. 5. CONTRACTS ENTERED INTO UNDER UNUSUAL AND COMPELLING URGENCY EXCEPTION. (a) Requirement for Performance Within 6-Month Period.--The head of an executive agency may not rely on the exception provided under section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) to enter into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts using procedures other than competitive procedures unless the contract will be performed within a 6-month period. (b) Extended Notification and Disclosure Deadlines.--The notification and disclosure deadlines specified in section 3(b) and section 4(a)(1), respectively, shall be 7 calendar days after the date a contract is entered into in the case of a contract described in subsection (a). SEC. 6. DEFINITIONS. In this Act, the terms ``full and open competitive procedures'' and ``executive agency'' have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
Hurricane Katrina and Hurricane Rita Fairness in Contracting Act of 2005 - Requires agencies, in entering into a contract to procure property or services in connection with Hurricane Katrina or Hurricane Rita reconstruction efforts, to use specified competitive procedures. Allows agencies to enter into a contract to procure property or services in connection with such reconstruction efforts using other than full and open competition only upon the written approval of the President or the President's designee. Requires congressional notification when procedures other than full and open competitive procedures are to be used. Instructs agencies that enter into a contract for the procurement of property or services in connection with such reconstruction efforts through the use of other than full and open competitive procedures to publish in the Federal Register or Federal Business Opportunities and otherwise make available to the public specified information concerning the contract. Permits the use of noncompetitive procedures by agencies when: (1) a contract will be performed within a six-month period; and (2) the need for the property or services is of such an unusual and compelling urgency that the government would otherwise be seriously injured.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993''. SEC. 2. EMERGENCY SUPPLEMENTAL APPROPRIATIONS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 1993: DEPARTMENT OF AGRICULTURE Farmers Home Administration rural housing for domestic farm labor For an additional amount for ``Rural housing for domestic farm labor'' for the cost of repair and replacement of uninsured losses resulting from Hurricane Andrew in the southern portion of Dade County, Florida, $30,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF COMMERCE Economic Development Administration economic development assistance programs For an additional amount for ``Economic development assistance programs'' pursuant to the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), to be used for grants to the State of Florida and local communities in recovering from the consequences of Hurricane Andrew, $20,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration alcohol, drug abuse, and mental health For an additional amount for ``Alcohol, drug abuse, and mental health'', $20,300,000, to remain available until expended, of which amount $16,200,000 shall be available for the continuation of post- Hurricane Andrew mental health and substance abuse treatment programs in Dade County, Florida, $2,500,000 shall be available for a comprehensive multidisciplinary drug research, education, and training center in the Homestead, Florida, area to carry out a combined treatment and assessment program during a 3-year period, and $1,600,000 shall be available for residential psychiatric services for children in the Homestead, Florida, area. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF EDUCATION Impact Aid For an additional amount for ``Impact Aid'' for carrying out disaster assistance activities authorized by section 7 of Public Law 81-874 (20 U.S.C. 241-1) with respect to the Dade County, Florida, public schools, $38,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. The Secretary may waive or modify any requirement of law or regulation (except requirements relating to civil rights, discrimination, or safety) that the Secretary determines is necessary in order to provide such disaster assistance as efficiently and expeditiously as possible. Any waiver or modification under the preceding sentence with respect to the Rehabilitation Act of 1973 shall be limited to requirements for the matching of Federal funds, maintenance of effort, and the time period for the obligation of Federal funds, and may be made only if the recipient demonstrates to the satisfaction of the Secretary in its written application that such requirements impose a demonstrable barrier to the progress of the recipient in overcoming the effects of Hurricane Andrew. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs home investment partnerships program (transfer of funds) For an additional amount for the ``HOME investment partnerships program'' for use only in areas of Florida damaged by Hurricane Andrew, $82,200,000, to remain available until expended, and to be derived by transfer of $62,000,000 from the amount made available by the 1st paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157) and by transfer of $20,200,000 from the amount made available by the 2d paragraph under such heading in such Public Law. In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.). The Secretary of Housing and Urban Development shall not, as a condition of assisting a participating jurisdiction with such funds, require any contribution by or in behalf of such jurisdiction, notwithstanding section 220 of the HOME Investment Partnerships Act (42 U.S.C. 12750). Community Planning and Development community development grants (transfer of funds) For an additional amount for ``Community development grants'' for use only in Dade County, the City of Homestead, and Florida City, Florida, $54,800,000, to remain available until expended, and to be derived by transfer from the amount made available by the 2d paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157). In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993 - Makes emergency supplemental appropriations available to the following entities due to disasters in Florida resulting from Hurricane Andrew: (1) the Farmers Home Administration of the Department of Agriculture; (2) the Economic Development Administration of the Department of Commerce; (3) the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (4) the Department of Education; and (5) housing and community development programs of the Department of Housing and Urban Development.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Together for Rural Access to Mental Health and Wellness for Children and Seniors Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Providing adequate mental health care in rural communities is a national problem. Mental health is an integral part of a person's general health and well-being. In rural areas, where specialized mental health services are scarce, accessing mental health professional services is difficult. Primary care is often the only system for delivering mental health services. (2) Rural primary care providers are seeing an increase in mental health issues in their clinics. (3) The need is overwhelming with the Surgeon General estimating 21 percent of children experience the signs or symptoms of a mental disorder. Left untreated, these problems lead to rampant school failure, drug abuse, and often incarceration. (4) The Department of Health and Human Services indicates that 1 in 5 children and adolescents may have a diagnosable disorder, yet 70 percent to 80 percent receive little or no help. (5) Few schools have the resources to implement a full range of school mental health interventions. Identifying sustainable and flexible funding sources for these programs is extremely important. (6) Health, and especially mental health, is a fundamental cornerstone for ensuring that all youth have an equal opportunity to succeed at school. (7) Promoting and expanding telemental health collaborations to strengthen delivery of mental health services in remote and underserved areas is needed. (8) Telemental health is an effective tool for diagnosing and treating some mental health conditions. For rural and remote areas, telemental health offers patients access and care. (b) Purpose.--It is the purpose of this Act to-- (1) provide assistance to rural schools, hospitals, and communities for the conduct of collaborative efforts to secure a progressive and innovative system to improve access to mental health care for youth, seniors and families; (2) increase access of elementary and secondary school students to mental health services in rural areas by operating a mobile health services van program in such areas; or (3) increase access of individuals of all ages to mental health services in rural areas by providing telemental health services in such areas. SEC. 3. RURAL ACCESS TO MENTAL HEALTH SERVICES GRANT PROGRAM. (a) State Grants.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to enable such States to award subgrants to carry out the purposes of this Act. (b) Eligibility and Amount.-- (1) Eligibility.--To be eligible for a grant under subsection (a), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will designate a lead agency in accordance with subsection (c) and submit a State plan in accordance with subsection (d). (2) Amount.--The Secretary shall award a grant to a State under this section in an amount that is based on the respective number of critical access hospitals (as defined in section 1861 (mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)) in the State as such compares to the total number of critical access hospitals in all States that are awarded grants under this section. (c) State Lead Agency.-- (1) In general.--To be eligible to receive a grant under this section, the governor of a State shall select a lead agency within the State to administer the State programs under the grant. If the governor of the State selects a lead agency other than the State Office of Rural Health, the governor shall ensure the involvement of the State Office of Rural Health in the development and administration of the State program under this section. (2) Duties.--The lead agency of a State shall-- (A) administer, directly or through other governmental or nongovernmental agencies, amounts received under a grant under subsection (a); and (B) develop the State plan under subsection (d) and coordinate the expenditure of funds in consultation with appropriate representatives of the State and local educational agencies and the rural mental health providers and State hospital associations. (d) State Plan.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary a State plan that shall-- (1) identify the lead agency of the State; (2) contain assurances that the State shall use the amounts provided to the State under the grant to address-- (A) in the case of mobile van services, the mental health needs of elementary school and secondary school students; or (B) in the case of telemental health services, the mental health needs of individuals of all ages through telemental health services, and to pay administrative costs incurred in connection with providing the assistance to grant recipients; (3) contain assurances that benefits and services under the grant shall be available throughout the entire State; and (4) contain assurances that the lead agency shall consult with rural mental health providers and hospital associations that represent such providers in such State on the most appropriate ways to use the funds received under the grant. (e) Awarding of Subgrants.-- (1) In general.--The lead agency of the State shall use amounts received under a grant under subsection (a) to award subgrants to eligible entities on a competitive basis. (2) Eligibility.--To be eligible to receive a subgrant under paragraph (1), a grant applicant shall be located in or serving a rural area and be a government-owned or private nonprofit hospital (or, in the case of a mobile van services program, a governmental, tribal, or private nonprofit school district or educational institution which provides elementary education or secondary education (kindergarten through grade 12) and that collaborates with such a hospital), a community mental health center, a primary care clinic, or other nonprofit agency providing mental health services. (3) Selection criteria.--In establishing procedures for the awarding of subgrants under paragraph (1), the lead agency of the State shall provide for the use of the following selection criteria: (A) The extent to which a grant applicant demonstrates a need to improve the access of mental health services within the community served by such applicant. (B) The extent to which a grant applicant will serve a rural community with a significant low-income or other population that is underserved with respect to the provision of mental health services. (4) Application and approval.--To be eligible to receive a subgrant under paragraph (1), an entity shall submit an application to the lead agency of the State that includes-- (A) a description of the manner in which the entity intends to use amounts provided under the subgrant; (B) such information as the lead agency may require to apply the selection criteria under paragraph (3); (C) measurable objectives for the use of funds provided under the subgrant; (D) a description of the manner in which the applicant will evaluate the effectiveness of the program carried out under the subgrant; (E) an agreement to maintain such records, make such reports, and cooperate with such reviews or audits as the lead agency and the Secretary may find necessary for purposes of oversight of program activities and expenditures; (F) a plan for sustaining activities and services funded under the subgrant after Federal support for such activities and services has ended; and (G) such other information and assurances as the Secretary may require. (5) Use of funds.--A recipient of a subgrant under paragraph (1) shall use amounts awarded under the grant to-- (A) in the case of mobile van health services, offset costs incurred after December 31, 2007, that are related to operating a mobile van outreach program under which a hospital and one or more elementary or secondary schools provide mental health care services to students of such schools in the rural area, which may include the costs of-- (i) purchasing or leasing a mobile van in which mental health services are provided to elementary school or secondary school students; (ii) repairs and maintenance for such a mobile van; (iii) purchasing or leasing communications capabilities reasonable and necessary to operate the mobile van; (iv) providing education and training to staff on operating the mobile van program; and (v) providing for additional mental health services professional staff that are employed to provide mental health services as part of the mobile van program; and (B) in the case of telemental health services, offset costs incurred after December 31, 2007, that are related to providing telemental health services to persons of all ages in the rural area, which may include the cost of-- (i) purchasing, leasing, repairing, maintaining, or upgrading telemental health services equipment; (ii) operating telemental health services equipment, including telecommunications, utilities, and software costs; (iii) providing education and training to staff concerning the provision of telemental health services; and (iv) employing additional mental health services professional staff to provide telemental health services. (6) Limits.--The amount awarded to an entity as a subgrant under paragraph (1) for any fiscal year shall not exceed $300,000. (f) Reporting, Monitoring, and Evaluation.--The lead agency of each State that receives a grant under subsection (a) shall submit a report to the Secretary that contains-- (1) the amounts received under the grant; (2) the amounts allocated as subgrants under subsection (e); (3) the types of expenditures made by subgrant recipients with such funds; and (4) such other information as may be required by the Secretary to assist the Secretary in monitoring the effectiveness of this section. (g) Review of Compliance With State Plan.-- (1) In general.--The Secretary shall review and monitor State compliance with the requirements of this section and the State plan submitted under subsection (d). (2) Failure to comply.--If the Secretary, after reasonable notice to a State and opportunity for a hearing, determines that there has been a failure by the State to comply substantially with any provision or requirement set forth in the State plan or a requirement of this section, the Secretary shall notify the lead agency of the State of such determination and that no further payments to the State will be made with respect to the State grant until the Secretary is satisfied that there is no longer any failure to comply or that the noncompliance will be promptly corrected. (h) Interaction of Federal and State Law.--Federal and State procurement laws shall be preempted to the extent necessary to carry out this section. (i) Definitions.--In this section: (1) Hospital.--The term ``hospital'' means a non-Federal short-term general acute care facility located in or serving a rural area. (2) Mobile van.--The term ``mobile van'' means a mobile wellness center the purpose of which is to improve access to, and focuses on, early intervention of mental health, and that provides consultation, education, comprehensive interdisciplinary education, and collaborative treatment planning services. (3) Rural area.--The term ``rural area'', with respect to the location of an eligible applicant, or with respect to the location of mental health services, means that the entity or services-- (A) is located in a rural census tract of a metropolitan statistical area, as determined under the most recent version of the Goldsmith Modification, the Rural-Urban Commuting Area codes, as determined by the Office of Rural Health Policy of the Health Resources and Services Administration; or (B) is located in an area designated by any law or regulation of such State as a rural area (or, in the case of a hospital, is designated by such State as a rural hospital). (4) Telemental health services.--The term ``telemental health services'' means mental health services that are provided through the use of videoconferencing or similar means of electronic communications and information technology. (5) Telemental health services equipment.--The term ``telemental health services equipment'' includes telecommunications and peripheral equipment used to provide patient evaluations, case management, medication management, crisis response, pre-admission and pre-discharge planning, treatment planning, individual and group therapy, family therapy, mental status evaluations, case conferences, family visits, staff training, and administrative activities relating to the mental health services. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2008 through 2010.
Working Together for Rural Access to Mental Health and Wellness for Children and Seniors Act - Requires the Secretary of Health and Human Services to award grants to enable states to award grants for: (1) operating a mobile van outreach program under which a hospital and elementary or secondary schools provide mental health care services to students in a rural area; and (2) providing telemental health services to persons of all ages in a rural area. Requires the governor of a state to designate a lead agency to: (1) administer the state program under the grant; and (2) develop a state plan for the provision of mental health services in rural areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Tax Fairness Act of 2001''. SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES. (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Fuel Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), ``(B) sections 4091(b)(3)(A) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1), (2), or (3) of section 4041(a) (relating to diesel fuel, special fuels, and compressed natural gas), and ``(E) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on July 1, 2001, and ending on December 31, 2001.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on such liquid had the taxable event occurred on the floor stocks tax date over the tax paid under such sections on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term `taxable liquid' means any liquid on which tax is imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on the floor stocks tax date. (3) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (4) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (5) Floor stocks tax date.--The term ``floor stocks tax date'' means the day after the end of the suspension period under section 4081(f) of such Code (as added by section 2). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4041(a)(2) of such Code in the case of special fuels; by section 4081 of such Code in the case of gasoline, diesel fuel, and kerosene; and by section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4041, 4081, or 4091. SEC. 5. PROTECTION OF HIGHWAY TRUST FUND. The amounts transferred to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986 shall be determined as if this Act had not been acted.
Gas Tax Fairness Act of 2001 - Amends the Internal Revenue Code to suspend, for six months, motor fuels taxes. States that amounts transferred to the Highway Trust Fund shall be determined as if this Act had not been enacted.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Children Protection Act of 2000''. SEC. 2. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF ALIEN CHILDREN. (a) In General.--Except as provided in subsection (b), in the case of any alien under 18 years of age who is awaiting final adjudication of the alien's immigration status and who does not have a parent, guardian, or relative in the United States into whose custody the alien may be released, the Attorney General shall place such alien in a facility appropriate for children not later than 72 hours after the Attorney General has taken custody of the alien. (b) Exception.--The provisions of subsection (a) do not apply to any alien under 18 years of age who the Attorney General finds has engaged in delinquent behavior, is an escape risk, or has a security need greater than that provided in a facility appropriate for children. (c) Definition.--In this section, the term ``facility appropriate for children'' means a facility, such as foster care or group homes, operated by a private nonprofit organization, or by a local governmental entity, with experience and expertise in providing for the legal, psychological, educational, physical, social, nutritional, and health requirements of children. The term ``facility appropriate for children'' does not include any facility used primarily to house adults or delinquent minors. SEC. 3. ADJUSTMENT TO PERMANENT RESIDENT STATUS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(l)(1) The Attorney General may, in the Attorney General's discretion, adjust the status of an alien under 18 years of age (or who was under 18 years of age when taken into Government custody) who has no lawful immigration status in the United States to that of an alien lawfully admitted for permanent residence if-- ``(A)(i) the alien (or a parent or legal guardian acting on the alien's behalf) has applied for the status; and ``(ii) the alien has resided in the United States for a period of 5 consecutive years; or ``(B)(i) no parent or legal guardian requests the alien's return to the country of the parent's or guardian's domicile, or with respect to whom the Attorney General finds that returning the child to his or her country of origin would subject the child to mental or physical abuse; and ``(ii) the Attorney General determines that it is in the best interests of the alien to remain in the United States notwithstanding the fact that the alien is not eligible for asylum protection under section 208 or protection under section 101(a)(27)(J). ``(2) The Attorney General shall make a determination under paragraph (1)(B)(ii) based on input from a person or entity that is not employed by or a part of the Service and that is qualified to evaluate children and opine as to what is in their best interest in a given situation. ``(3) Upon the approval of adjustment of status of an alien under paragraph (1), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval, and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current. ``(4) Not more than 500 aliens may be granted permanent resident status under this subsection in any fiscal year.''. SEC. 4. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN. (a) Assignment.--Whenever a covered alien is a party to an immigration proceeding, the Attorney General shall assign such covered alien a child welfare professional or other individual who has received training in child welfare matters and who is recognized by the Attorney General as being qualified to serve as a guardian ad litem (in this section referred to as the ``guardian''). The guardian shall not be an employee of the Immigration and Naturalization Service. (b) Responsibilities.--The guardian shall ensure that-- (1) the covered alien's best interests are promoted while the covered alien participates in, or is subject to, the immigration proceeding; and (2) the covered alien understands the proceeding. (c) Requirements on the Attorney General.--The Attorney General shall serve notice of all matters affecting a covered alien's immigration status (including all papers filed in an immigration proceeding) on the covered alien's guardian. (d) Definition.--In this section, the term ``covered alien'' means an alien-- (1) who is under 18 years of age; (2) who has no lawful immigration status in the United States and is not within the physical custody of a parent or legal guardian; and (3) whom no parent or legal guardian requests the person's return to the country of the parent's or guardian's domicile or with respect to whom the Attorney General finds that returning the child to his or her country of origin would subject the child to physical or mental abuse. SEC. 5. SENSE OF CONGRESS. Congress commends the Immigration and Naturalization Service for its issuance of its ``Guidelines for Children's Asylum Claims'', dated December 1998, and encourages and supports the Service's implementation of such guidelines in an effort to facilitate the handling of children's asylum claims. SEC. 6. GENERAL ACCOUNTING OFFICE REPORT. The General Accounting Office shall prepare a report to Congress regarding whether and to what extent U.S. Embassy and consular officials are fulfilling their obligation to reunify, on a priority basis, children in foreign countries whose parent or parents are legally present in the United States.
Amends the Immigration and Nationality Act to authorize the Attorney General to adjust the status of an alien under the age of 18 with no lawful immigration status to that of a permanent resident alien if: (1) the alien or parent or guardian has so applied, and the alien has resided in the United States for five consecutive years; or (2) no foreign-domiciled parent or guardian has requested the alien's return, and the Attorney General determines that a return would subject the alien to physical or mental abuse, and it is in the alien's best interests to remain in the United States. Limits the annual number of such status adjustments. Directs the Attorney General to appoint a child welfare professional or trained individual as such alien's guardian ad litem. Expresses the sense of Congress commending the Immigration and Naturalization Service for issuance and implementation of specified children's asylum claims guidelines. Directs the General Accounting Office to report with respect to U.S. embassy and consular efforts to reunify on a priority basis children in foreign countries with parents who are legally present in the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Substitute for Quality Teaching Demonstration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Each day about 5 million children walk into 274,000 classrooms nationwide and find a substitute teacher. Students will spend the equivalent of one full year with a substitute teacher before they graduate from high school. (2) Virtually every State in the country is facing a substitute teacher shortage, a problem that has been exacerbated by increased demand for professional development opportunities for teachers. (3) In 73 percent of school districts, there is an immediate, urgent need for substitute teachers. (4) Nationwide, substitute teacher salaries average only $65 per day. In rural areas, rates are often as low as $40. Rarely do substitutes receive benefits. (5) This shortage is likely to grow to a crisis level within the next 10 years, as an acute shortage of substitute teachers develops because an unprecedented number of children will enter our schools. (6) The substitute teacher shortage has lead schools to relax their requirements and hire substitute teachers that are often underqualified. In all but one State, substitute teachers need no teaching certification. (7) In 28 States, principals may hire anyone with a high school diploma or a general equivalency diploma (GED) who is age 18 years or older. (8) Nearly 12 percent of districts do not require substitute teachers to fill out a job application. (9) Over half (56 percent) of school districts never have a face-to-face interview with potential substitutes. (10) In 30 percent of all school districts, no background checks are conducted on applicants for substitute teaching positions, and only half the districts check applicants' references. (11) Poorly trained substitute teachers have a negative impact on student academic performance. (12) States with lower academic achievement are twice as likely to allow less qualified substitutes in the classroom. Nine out of the ten lowest-ranked States in National Assessment of Educational Progress (NAEP) testing allowed substitute teachers with only a high school diploma to teach in their schools. In each of those States, education spending is thousands of dollars below the national average. (13) Of the top 25 States in education spending, 9 require at least a college degree for substitute teachers. (14) In 77 percent of school districts across the country, substitute teachers are given no training at all. (15) Alleviating the substitute teacher crisis would free up precious time for other teachers to spend in professional development programs. SEC. 3. DEMONSTRATION GRANT PROGRAM AUTHORIZED. Subject to the availability of appropriations, the Secretary of Education shall establish a competitive demonstration grant program to provide grants for a single academic year directly to not fewer than 50 nor more than 100 local educational agencies (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965), or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable such agencies or consortia to experiment with ways to alleviate the substitute teacher shortage described in section 2. SEC. 4. SELECTION OF GRANT RECIPIENTS. In selecting grant recipients under section 3, the Secretary of Education shall select applicants that, collectively, will explore a range of options for addressing the substitute teacher shortage, such as-- (1) developing a public relations campaign targeted at likely substitute teacher candidates (such as retired teachers); (2) establishing permanent substitute teacher pools; (3) addressing issues that hinder the ability of administrators to find qualified substitute teachers; or (4) increasing the availability of content and skills training for substitute teachers. SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date the last grant made under section 3 expires, the Secretary of Education shall submit a report to the Congress describing the findings and results of the demonstration program under this Act, including-- (1) the programs or methods that best alleviated the substitute teacher shortage, and where those programs or methods worked best; and (2) the impact of economic conditions on the quality and availability of substitute teachers. SEC. 6. RULEMAKING AUTHORITY. The Secretary of Education may prescribe rules to carry out this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2003.
No Substitute for Quality Teaching Demonstration Act - Directs the Secretary of Education to establish a competitive demonstration grant program to provide grants for a single academic year directly to between 50 and 100 local educational agencies, or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable them to experiment with ways to alleviate the substitute teacher shortage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Promotion Act of 2004''. SEC. 2. REPLACEMENT OF MANDATORY COUNTRY OF ORIGIN LABELING WITH VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING. Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638-1638d) is amended to read as follows: ``SEC. 281. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR CERTAIN MEAT PRODUCTS. ``(a) Definitions.--In this section: ``(1) The term `beef' means meat produced from cattle (including veal). ``(2) The term `covered meat product' means ground beef, ground pork, and ground lamb, and raw unprocessed muscle cuts of beef, pork and lamb. ``(3) The term `lamb' means meat produced from sheep. ``(4) The term `pork' means meat produced from hogs. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of covered meat products; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate a covered meat product as having a United States country of origin unless the covered meat product is derived exclusively from-- ``(1) an animal born, raised, and slaughtered in the United States; or ``(2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. ``SEC. 282. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR FISH PRODUCTS. ``(a) Definitions.--In this section: ``(1) The term `farm-raised fish' means all fish that are not wild fish. The term includes net-pen, aquacultural, and other farm-raised fish. ``(2) The term `farm-raised shellfish' means all shellfish that are not wild shellfish. The term includes net-pen, aquacultural, and other farm-raised fish. ``(3) The term `wild fish' means naturally-born or hatchery-raised fish harvested in the wild. ``(4) The term `wild shellfish' means naturally-born or hatchery-raised shellfish harvested in the wild. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, and products thereof; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, and products thereof. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, or products thereof as having a United States country of origin unless-- ``(1) in the case of wild fish or wild shellfish (or a product thereof), the wild fish or wild shellfish is harvested in the waters of the United States or by a United States vessel on the high seas; or ``(2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm- raised shellfish is raised and harvested in the United States. ``SEC. 283. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR PERISHABLE AGRICULTURAL COMMODITIES. ``(a) Definition.--In this section the term `perishable agricultural commodity'-- ``(1) means fresh fruits and vegetables of every kind and character, except frozen fruits and vegetables; and ``(2) includes cherries packed in brine as defined by the Secretary in accordance with trade usages. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of perishable agricultural commodities; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of perishable agricultural commodities. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States. ``(e) Survey of Country of Origin Labeling; Purpose.-- ``(1) Definition.--In this subsection, the term `label' means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identifiers) affixed to or placed directly on a perishable agricultural commodity or on the display, holding unit, or bin containing the commodity at the final point of sale. ``(2) Survey required; intervals.--Subject to subsection (f)(2)(C), during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004, and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey-- ``(A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that are labeled with respect to country of origin; ``(B) to measure the extent of the voluntary efforts of the perishable agricultural commodity industry to provide country of origin information to consumers, including the overall percentage of perishable agricultural commodities that bear labels with country of origin information; ``(C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; ``(D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin information is provided; ``(E) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are not labeled; ``(F) to estimate the extent of participation in the voluntary program established under subsection (b); and ``(G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. ``(3) Location of survey.--The survey may be conducted at retail stores and other locations selected by the Secretary. ``(4) Special considerations.--For the purposes of conducting the survey, the Secretary shall consider-- ``(A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear country of origin labels; and ``(B) label information regarding a State, region, or locality of the United States as information sufficient to identify the United States as the country of origin. ``(f) Use and Availability of Survey Results.-- ``(1) Report to congress.--The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e). ``(2) Subsequent surveys.-- ``(A) Determination of consumer awareness.--In other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall include in the report submitted under paragraph (1) with respect to that survey-- ``(i) specific action steps that would provide the perishable agricultural commodity distribution chain with incentives to increase country of origin labeling levels; and ``(ii) proposed guidelines that would increase the use of country of origin identification labels. ``(B) Effect of failure to ascertain country of origin.--If the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the report submitted under paragraph (1) with respect to the second of the two surveys such recommendations as the Secretary determines appropriate regarding ways to increase labeling to achieve that goal. ``(C) Effect of ability to ascertain country of origin.--If the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be required to conduct surveys under such subsection. ``(3) Public availability.--The Secretary shall make the results of each survey conducted under subsection (e) available to the perishable agricultural commodity industry and the public. ``SEC. 284. VERIFICATION. ``The Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program. ``SEC. 285. ENFORCEMENT. ``(a) Civil Penalty.-- ``(1) Assessment.--The Secretary of Agriculture may assess a civil penalty against a participant in a program of country of origin labeling under section 281, 282, or 283 that purposely or knowingly violates the terms of the program. ``(2) Amount of penalty.--The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. ``(3) Continuing violation.--Each day during which a violation continues shall be considered to be a separate violation. ``(b) Notice and Hearing.--The Secretary may not assess a penalty under subsection (a) against a person unless the person is given notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation.''.
Food Promotion Act of 2004 - Amends the Agricultural Marketing of 1946 to replace current mandatory country of origin labeling requirements with voluntary country of origin labeling programs for: (1) meat and meat products; (2) wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and related products; and (3) perishable agricultural commodities. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.
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SECTION 1. DEFINITIONS. For the purposes of this Act, the term-- (1) ``ANCSA'' means the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (2) ``ANILCA'' means the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); (3) ``Calista'' means the Calista Corporation, an Alaska Native Regional Corporation established pursuant to ANCSA; (4) ``Identified Lands'' means approximately 10,943 acres of lands (including surface and subsurface estates) designated as ``Proposed Village Site'' on a map entitled ``Proposed Newtok Exchange,'' dated September, 2002, and available for inspection in the Anchorage office of the United States Fish and Wildlife Service; (5) ``limited warranty deed'' means a warranty deed which is, with respect to its warranties, limited to that portion of the chain of title from the moment of conveyance from the United States to Newtok to and including the moment at which such title is validly reconveyed to the United States; (6) ``Newtok'' means the Newtok Native Corporation, an Alaska Native Village Corporation established pursuant to ANCSA; (7) ``Newtok lands'' means approximately 12,101 acres of surface estate comprising conveyed lands and selected lands identified as Aknerkochik on the map referred to in paragraph (4) and that surface estate selected by Newtok on Baird Inlet Island as shown on the map; and (8) ``Secretary'' means the Secretary of the Interior. SEC. 2. LANDS TO BE EXCHANGED. (a) Lands Exchanged to the United States.--If, within 180 days after the date of enactment of this Act, Newtok expresses to the Secretary in writing its intent to enter into a land exchange with the United States, the Secretary shall accept from Newtok a valid, unencumbered conveyance, by limited warranty deed, of the Newtok lands previously conveyed to Newtok. The Secretary shall also accept from Newtok a relinquishment of irrevocable prioritized selections for approximately 4,956 acres for those validly selected lands not yet conveyed to Newtok. (b) Lands Exchanged to Newtok.--In exchange for the Newtok lands conveyed and selections relinquished under subsection (a), the Secretary shall, subject to valid existing rights and notwithstanding section 14(f) of ANCSA, convey to Newtok the surface and subsurface estates of the Identified Lands. The conveyance shall be by interim conveyance. Subsequent to the interim conveyance, the Secretary shall survey Identified Lands at no cost to Newtok and issue a patent to the Identified Lands subject to the provisions of ANCSA and this Act. SEC. 3. CONVEYANCE. (a) Timing.--The Secretary shall issue interim conveyances pursuant to subsection 2(b) at the earliest possible time after acceptance of the Newtok conveyance and relinquishment of selections under subsection 2(a). (b) Relationship to ANCSA.--Lands conveyed to Newtok under this Act shall be treated as having been conveyed under the provisions of ANCSA, except that the provisions of 14(c) and 22g of ANCSA shall not apply to these lands. Consistent with section 103(c) of ANILCA, these lands shall not be included as a portion of the Yukon Delta National Wildlife Refuge and shall not be subject to regulations applicable solely to public lands within this Conservation System Unit. (c) Effect on Entitlement.--Except as otherwise provided, nothing in this Act shall be construed to change the total acreage of land to which Newtok is entitled under ANCSA. (d) Effect on Newtok Lands.--The Newtok Lands shall be included in the Yukon Delta National Wildlife Refuge as of the date of acceptance of the conveyance of those lands from Newtok, except that residents of the Village of Newtok, Alaska, shall retain access rights to subsistence resources on those Newtok lands as guaranteed under section 811 of ANILCA (16 U.S.C. 3121), and to subsistence uses, such as traditional subsistence fishing, hunting and gathering, consistent with section 803 of ANILCA (16 U.S.C. 3113). (e) Adjustment to Calista Corporation ANCSA Entitlement for Relinquished Newtok Selections.--To the extent that Calista subsurface rights are affected by this Act, Calista shall be entitled to an equivalent acreage of in lieu subsurface entitlement for the Newtok selections relinquished in the exchange as set forth in subsection 2(a) of this Act. This equivalent entitlement shall come from subsurface lands already selected by Calista, but which have not been conveyed. If Calista does not have sufficient subsurface selections to accommodate this additional entitlement, Calista Corporation is hereby authorized to make an additional in lieu selection for the deficient acreage from lands within the region but outside any conservation system unit. (f) Adjustment to Exchange.--If requested by Newtok, the Secretary may consider and make adjustments to the exchange to meet the purposes of this Act, subject to all the same terms and conditions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(Sec. 2) Directs the Secretary of the Interior to accept from the Newtok Native Corporation a conveyance, by limited warranty deed, of certain Alaskan lands previously conveyed to Newtok if such Corporation expresses an intent to enter into a land exchange with the United States within 180 days of enactment of this Act. Directs the Secretary to also accept a relinquishment of irrevocable prioritized selections from Newtok for those validly selected lands not yet conveyed to Newtok. Requires the Secretary, in exchange for the lands from Newtok, to convey to Newtok the surface and subsurface estate of specified Federal lands. States that such conveyance shall be by interim conveyance. (Sec. 3) Declares that land conveyed to Newtok under this Act shall be deemed to have been conveyed under the Alaska Native Claims Settlement Act (ANCSA), except that specified provisions of ANCSA concerning patents and lands in the National Wildlife Refuge System shall not apply to such lands. States that, consistent with the Alaska National Interest Lands Conservation Act of 1980, such lands shall not be considered part of the Yukon National Wildlife Refuge. Includes the Newtok lands conveyed to the United States in the Yukon Delta National Wildlife Refuge, except that residents of the village of Newtok, Alaska, shall retain access rights guaranteed under the Alaska National Interest Lands Conservation Act for subsistence fishing, hunting, and gathering. Entitles the Calista Corporation to an equivalent acreage of in-lieu subsurface entitlement for the relinquished Newtok selections to the extent that Calista subsurface rights are affected by this Act. Directs that such entitlement shall come from subsurface lands already selected by Calista, but which have not yet been conveyed. Permits Calista to make an additional in lieu selection from lands within the region but outside any conservation system unit if such action is necessary to equalize the acreage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability for Business Standards Act''. SEC. 2. COST-BENEFIT ANALYSIS REQUIREMENT FOR CERTAIN PRUDENTIAL REGULATIONS. (a) Rulemaking Requirement.--An appropriate Federal banking agency may not adopt or otherwise establish a prudential regulation that is substantively more stringent than a corresponding international prudential standard unless the appropriate Federal banking agency publishes, for public notice and comment-- (1) a description of the agency's rationale for doing so; and (2) a comprehensive analysis of the costs and benefits of the difference between the prudential regulation and the corresponding international prudential standard, including-- (A) any impact on the pricing and availability of credit in the aggregate and for specific types of borrowers; (B) any impact on liquidity in markets for financial instruments in the aggregate and for specific types of instruments; (C) any impact of doing so on the competitiveness of affected institutions; and (D) any impact on employment, economic growth, and the execution of monetary policy. (b) Requirements With Respect to Superseded Prudential Regulations.--An appropriate Federal banking agency may not adopt or otherwise establish a prudential regulation to implement an international standard that will result in a prudential regulation that is then in effect becoming a superseded prudential regulation, unless the appropriate Federal banking agency publishes for public notice and comment-- (1) a proposal to repeal or amend the superseded prudential regulation, or applicable part thereof; or (2) if the appropriate Federal banking agency does not propose to repeal or amend the superseded prudential regulation, or applicable part thereof, a description of the agency's rationale for not doing so, which shall include a comprehensive analysis of the incremental costs and benefits of the superseded prudential regulation after the adoption of the prudential regulation to implement an international standard. (c) Lookback Requirement.--With respect to a final rule issued by an appropriate Federal banking agency on or after January 1, 2007, but before the date of the enactment of this Act that established a prudential regulation that is substantively more stringent than a corresponding international prudential standard, or that resulted in another prudential regulation becoming a superseded prudential regulation, each appropriate Federal banking agency shall, not later than the end of the 180-day period beginning on the date of the enactment of this Act, issue a report to the Congress (and make such report available on the website of the agency) with respect to such rule, containing the description and analysis described under paragraphs (1) and (2) of subsection (a) or paragraph (2) of subsection (b), as applicable. (d) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the meaning given that term under section 3 of the Federal Deposit Insurance Act. (2) Banking organization.--The term ``banking organization'' means a depository institution or a depository institution holding company, as such terms are defined, respectively, under section 3 of the Federal Deposit Insurance Act. (3) Corresponding international prudential standard.--The term ``corresponding international prudential standard'' means an international prudential standard on which a prudential regulation is based, from which a prudential regulation is derived, or to which a prudential regulation is otherwise substantively similar. (4) Prudential regulation.--The term ``prudential regulation'' means any rule or regulation relating to capital requirements, leverage requirements, liquidity requirements, or any similar requirements, including any rule or regulation that imposes any minimum requirement on a banking organization's amount of capital, debt, or liquid assets, either in absolute terms or as a ratio of any measure of assets, exposures, or cash inflows and outflows, or that conditions the ability of a banking organization to take any action or imposes any requirement based on any absolute or proportional measure of capital, leverage, debt, or liquidity. (5) Prudential regulation to implement an international standard.--The term ``prudential regulation to implement an international standard'' means a prudential regulation that is based on, derived from, or otherwise substantively similar to an international prudential standard. (6) International prudential standard.--The term ``international prudential standard'' means any standard that has been adopted by an international institution comprised of an appropriate Federal banking agency and banking supervisors or central banks of jurisdictions other than the United States, including the Basel Committee on Banking Supervision and the Financial Stability Board, relating to capital requirements, leverage requirements, liquidity requirements, or any similar requirements, including any standard that contemplates minimum requirements on a banking organization's amount of capital, debt, or liquid assets, either in absolute terms or as a ratio of any measure of assets, exposures, or cash inflows and outflows, or that contemplates conditioning the ability of a banking organization to take any action or imposing any requirement based on any measure of capital, leverage, debt, or liquidity. (7) Superseded prudential regulation.--The term ``superseded prudential regulation'' means a prudential regulation, with respect to which a prudential regulation to implement an international standard addresses or would address the same or similar risks or otherwise achieves or would achieve the same or similar goals.
Transparency and Accountability for Business Standards Act This bill requires a federal banking agency to publish for notice and comment: (1) the agency's rationale for, and cost-benefit analysis regarding, the adoption of any prudential regulation that is substantively more stringent than a corresponding international prudential standard; and (2) a proposal for, or the agency's rationale for not proposing, the repeal or amendment of any prudential regulation that is effectively superseded by the implementation of an international prudential standard. A federal banking agency must issue a report regarding any such final rule issued before the bill's enactment and on or after January 1, 2007.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Perkins Loan Program Extension Act of 2015''. SEC. 2. EXTENSION OF FEDERAL PERKINS LOAN PROGRAM. (a) Authority to Make Loans.-- (1) In general.--Section 461 of the Higher Education Act of 1965 (20 U.S.C. 1087aa) is amended-- (A) in subsection (a), by striking ``of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof'' and inserting ``assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need''; (B) by striking subsection (b) and inserting the following: ``(b) Authority to Make Loans.-- ``(1) In general.-- ``(A) Loans for new undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of section 455(a)(2), for which such undergraduate student is eligible. ``(B) Loans for current undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under section 455(a)(2)(A) for which such undergraduate student is eligible. ``(C) Loans for certain graduate borrowers.--Through September 30, 2016, with respect to an eligible graduate student who has received a loan made under this part prior to October 1, 2015, an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program. ``(2) No additional loans.--An institution of higher education shall not make loans under this part after September 30, 2017. ``(3) Prohibition on additional appropriations.--No funds are authorized to be appropriated under this Act or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.''; and (C) by striking subsection (c). (2) Rule of construction.--Notwithstanding the amendments made under paragraph (1) of this subsection, an eligible graduate borrower who received a disbursement of a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) after June 30, 2016 and before October 1, 2016, for the 2016- 2017 award year, may receive a subsequent disbursement of such loan by June 30, 2017, for which the borrower received an initial disbursement after June 30, 2016 and before October 1, 2016. (b) Distribution of Assets From Student Loan Funds.--Section 466 of the Higher Education Act of 1965 (20 U.S.C. 1087ff) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``After September 30, 2003, and not later than March 31, 2004'' and inserting ``Beginning October 1, 2017''; and (B) in paragraph (1), by striking ``September 30, 2003'' and inserting ``September 30, 2017''; (2) in subsection (b)-- (A) by striking ``After October 1, 2012'' and inserting ``Beginning October 1, 2017''; and (B) by striking ``September 30, 2003'' and inserting ``September 30, 2017''; and (3) in subsection (c)(1), by striking ``October 1, 2004'' and inserting ``October 1, 2017''. (c) Additional Extensions Not Permitted.--Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) shall not apply to further extend the duration of the authority under paragraph (1) of section 461(b) of the Higher Education Act of 1965 (20 U.S.C. 1087aa(b)), as amended by subsection (a)(1) of this section, beyond September 30, 2017, on the basis of the extension under such subsection. SEC. 3. DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT. Section 463A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087cc-1(a)) is amended-- (1) in paragraph (12), by striking ``and'' after the semicolon; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) a notice and explanation regarding the end to future availability of loans made under this part; ``(15) a notice and explanation that repayment and forgiveness benefits available to borrowers of loans made under part D are not available to borrowers participating in the loan program under this part; ``(16) a notice and explanation regarding a borrower's option to consolidate a loan made under this part into a Federal Direct Loan under part D, including any benefit of such consolidation; ``(17) with respect to new undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(A), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible as referenced under subparagraphs (A) and (D) of section 455(a)(2); and ``(18) with respect to current undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(B), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible on Federal Direct Stafford Loans as referenced under section 455(a)(2)(A).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the Senate on December 16, 2015. Federal Perkins Loan Program Extension Act of 2015 (Sec. 2) This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the authority of institutions of higher education (IHEs) to disburse Federal Perkins Loans to new undergraduate borrowers through September 30, 2017. A student must first exhaust Federal Direct Subsidized and Unsubsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to current undergraduate borrowers through September 30, 2017. A student must first exhaust all Federal Direct Subsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to certain graduate borrowers through September 30, 2016, to enable students to continue or complete an academic program. A student must have received a Perkins loan prior to October 1, 2015. The bill prohibits Perkins Loan disbursement beyond September 30, 2017. It also prohibits authorization of additional appropriations for the Federal Perkins Loan program beyond September 30, 2016. Beginning October 1, 2017, each participating IHE must pay to the Department of Education: (1) a portion of the federal share of the balance of its Perkins Loan funds; (2) a portion of the Perkins student loan payments, including principal and interest, received by the institution; and (3) a capital distribution from its Perkins Loan fund. (Sec. 3) The bill also expands disclosure requirements for IHEs that participate in the Federal Perkins Loan program. Specifically, prior to Perkins Loan disbursement, an IHE must provide notice and explanation to all borrowers regarding unavailability of future Perkins loans, limited Perkins loan repayment and forgiveness options, and Direct Loan consolidation options. Also, an IHE must provide notice and explanation to new and current undergraduate borrowers regarding a comparison of Perkins and Direct loan interest rates. 
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Peopling of America Theme Study Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) an important facet of the history of the United States is the story of how the United States was populated; (2) the migration, immigration, and settlement of the population of the United States-- (A) is broadly termed the ``peopling of America''; and (B) is characterized by-- (i) the movement of groups of people across external and internal boundaries of the United States and territories of the United States; and (ii) the interactions of those groups with each other and with other populations; (3) each of those groups has made unique, important contributions to American history, culture, art, and life; (4) the spiritual, intellectual, cultural, political, and economic vitality of the United States is a result of the pluralism and diversity of the American population; (5) the success of the United States in embracing and accommodating diversity has strengthened the national fabric and unified the United States in its values, institutions, experiences, goals, and accomplishments; (6)(A) the National Park Service's official thematic framework, revised in 1996, responds to the requirement of section 1209 of the Civil War Sites Study Act of 1990 (16 U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary shall ensure that the full diversity of American history and prehistory are represented'' in the identification and interpretation of historic properties by the National Park Service; and (B) the thematic framework recognizes that ``people are the primary agents of change'' and establishes the theme of human population movement and change--or ``peopling places''--as a primary thematic category for interpretation and preservation; and (7) although there are approximately 70,000 listings on the National Register of Historic Places, sites associated with the exploration and settlement of the United States by a broad range of cultures are not well represented. (b) Purposes.--The purposes of this Act are-- (1) to foster a much-needed understanding of the diversity and contribution of the breadth of groups who have peopled the United States; and (2) to strengthen the ability of the National Park Service to include groups and events otherwise not recognized in the peopling of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Theme study.--The term ``theme study'' means the national historic landmark theme study required under section 4. (3) Peopling of america.--The term ``peopling of America'' means the migration to and within, and the settlement of, the United States. SEC. 4. THEME STUDY. (a) In General.--The Secretary shall prepare and submit to Congress a national historic landmark theme study on the peopling of America. (b) Purpose.--The purpose of the theme study shall be to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that-- (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped the culture and society of the United States. (c) Identification and Designation of Potential New National Historic Landmarks.-- (1) In general.--The theme study shall identify and recommend for designation new national historic landmarks. (2) List of appropriate sites.--The theme study shall-- (A) include a list in order of importance or merit of the most appropriate sites for national historic landmark designation; and (B) encourage the nomination of other properties to the National Register of Historic Places. (3) Designation.--On the basis of the theme study, the Secretary shall designate new national historic landmarks. (d) National Park System.-- (1) Identification of sites within current units.--The theme study shall identify appropriate sites within units of the National Park System at which the peopling of America may be interpreted. (2) Identification of new sites.--On the basis of the theme study, the Secretary shall recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (e) Continuing Authority.--After the date of submission to Congress of the theme study, the Secretary shall, on a continuing basis, as appropriate to interpret the peopling of America-- (1) evaluate, identify, and designate new national historic landmarks; and (2) evaluate, identify, and recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (f) Public Education and Research.-- (1) Linkages.-- (A) Establishment.--On the basis of the theme study, the Secretary may identify appropriate means for establishing linkages-- (i) between-- (I) regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsections (b) and (d); and (II) groups of people; and (ii) between-- (I) regions, areas, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsection (b); and (II) units of the National Park System identified under subsection (d). (B) Purpose.--The purpose of the linkages shall be to maximize opportunities for public education and scholarly research on the peopling of America. (2) Cooperative arrangements.--On the basis of the theme study, the Secretary shall, subject to the availability of funds, enter into cooperative arrangements with State and local governments, educational institutions, local historical organizations, communities, and other appropriate entities to preserve and interpret key sites in the peopling of America. (3) Educational initiatives.-- (A) In general.--The documentation in the theme study shall be used for broad educational initiatives such as-- (i) popular publications; (ii) curriculum material such as the Teaching with Historic Places program; (iii) heritage tourism products such as the National Register of Historic Places Travel Itineraries program; and (iv) oral history and ethnographic programs. (B) Cooperative programs.--On the basis of the theme study, the Secretary shall implement cooperative programs to encourage the preservation and interpretation of the peopling of America. SEC. 5. COOPERATIVE AGREEMENTS. The Secretary may enter into cooperative agreements with educational institutions, professional associations, or other entities knowledgeable about the peopling of America-- (1) to prepare the theme study; (2) to ensure that the theme study is prepared in accordance with generally accepted scholarly standards; and (3) to promote cooperative arrangements and programs relating to the peopling of America. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.
Authorizes the Secretary to enter into cooperative arrangements under this Act. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Bioethics Advisory Commission (referred to in this Act as the ``NBAC'') has reviewed the scientific and ethical implications of human cloning and has determined that the cloning of human beings is morally unacceptable; (2) the NBAC recommended that Federal legislation be enacted to prohibit anyone from conducting or attempting human cloning, whether using Federal or non-Federal funds; (3) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported prohibitions on human cloning; (4) the NBAC found that somatic cell nuclear transfer (also known as nuclear transplantation) may have many important applications in medical research; (5) the Institute of Medicine has found that nuclear transplantation may enable stem cells to be developed in a manner that will permit such cells to be transplanted into a patient without being rejected; (6) the NBAC concluded that any regulatory or legislative actions undertaken to prohibit human cloning should be carefully written so as not to interfere with other important areas of research, such as stem cell research; and (7)(A) biomedical research and clinical facilities engage in and affect interstate commerce; (B) the services provided by clinical facilities move in interstate commerce; (C) patients travel regularly across State lines in order to access clinical facilities; and (D) biomedical research and clinical facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market. SEC. 3. PURPOSES. It is the purpose of this Act to prohibit any attempt to clone a human being while protecting important areas of medical research, including stem cell research. SEC. 4. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--PROHIBITION ON HUMAN CLONING ``Sec. ``301. Prohibition on human cloning. ``Sec. 301. Prohibition on human cloning ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means asexual reproduction by implanting or attempting to implant the product of nuclear transplantation into a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to use funds made available under any provision of Federal law for an activity prohibited under paragraph (1) or (2). ``(c) Protection of Medical Research.--Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of-- ``(1) nuclear transplantation to produce human stem cells; ``(2) techniques to create exact duplicates of molecules, DNA, cells, and tissues; ``(3) mitochondrial, cytoplasmic or gene therapy; or ``(4) nuclear transplantation techniques to create nonhuman animals. ``(d) Penalties.-- ``(1) In general.--Whoever intentionally violates any provision of subsection (b) shall be fined under this title and imprisoned not more than 10 years. ``(2) Civil penalties.--Whoever intentionally violates paragraph (1), (2), or (3) of subsection (b) shall be subject to a civil penalty of $1,000,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater. ``(3) Civil actions.--If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation. ``(4) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(5) Advisory opinions.--The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices. ``(e) Cooperation With Foreign Countries.--It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b). ``(f) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action. ``(g) Preemption of State Law.--The provisions of this section shall preempt any State or local law, that is inconsistent with this section or section 498C of the Public Health Service Act, that prohibits or restricts research regarding, or practices constituting, nuclear transplantation or human cloning.''. (b) Ethical Requirements for Nuclear Transplantation Research.-- Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. ``(a) Definitions.--In this section: ``(1) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(2) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(3) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(4) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with the applicable provisions of part 46 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the Human Cloning Prohibition Act of 2001). ``(c) Civil Penalties.--Whoever intentionally violates subsection (b) shall be subject to a civil penalty of not more than $250,000. ``(d) Enforcement.--The Secretary of Health and Human Services shall have the exclusive authority to enforce this section.''.
Human Cloning Prohibition Act of 2001 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation for the purpose of human cloning in the United States or elsewhere; and (3) using funds made available under Federal law for any such activity. Authorizes the Attorney General to commence a civil action to enjoin a violation.Provides that nothing in this Act shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited, including nuclear transplantation to produce human stem cells or to create nonhuman animals.Subjects to forfeiture any real or personal property derived from or used to commit a violation.Directs the Attorney General, upon request, to render binding advisory opinions regarding the applicability of such prohibition with respect to specific research projects or practices.Expresses the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on such prohibited activities.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal standards for the protection of human subjects.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Respond, Innovate, Succeed, and Empower Act of 2016'' or the ``RISE Act of 2016''. SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY. Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 1003(6)) is amended by striking ``section 3(2)'' and inserting ``section 3''. SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED IN COLLEGE. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will carry out the following: ``(A) Adopt policies that, at a minimum, make the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability: ``(i) Documentation that the individual has had an individualized education program (IEP) in accordance with section 614(d) of the Individuals with Disabilities Education Act, including an IEP that may not be current or up- to-date on the date of the determination. The institution may ask for additional documentation from an individual who had an IEP who was found ineligible for services or exited from eligibility under such Act during elementary school. ``(ii) Documentation that the individual has had a plan prepared under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``(iii) A plan or record of service for the individual from a private school, a local educational agency, a State educational agency, or an institution of higher education provided in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(iv) A record or evaluation from a relevant licensed professional finding that the individual has a disability. ``(v) A plan or record of disability from another institution of higher education. ``(vi) Documentation of a disability due to service in the uniformed services, as defined in section 484C(a). ``(B) Adopt policies that are transparent and explicit regarding information about the process by which the institution determines eligibility for accommodations. ``(C) Disseminate such information to students, parents, and faculty in an accessible format, including during any student orientation and making such information readily available on a public website of the institution.''. SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH DISABILITIES. Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 1140q(a)) is amended-- (1) in paragraph (1), by striking ``From amounts appropriated under section 778,'' and inserting ``From amounts appropriated under paragraph (5),''; and (2) by adding at the end the following: ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000.''. SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3, is further amended by adding at the end the following: ``(31) The institution will submit, for inclusion in the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, key data related to undergraduate students enrolled at the institution who are formally registered as students with disabilities with the institution's office of disability services (or the equivalent office), including graduation rates for students with disabilities and the number and percentage of students with disabilities accessing or receiving accommodations at the institution. An institution shall not be required to submit the information described in the preceding sentence if the number of such students is equal to or less than 10, so as not to reveal personally identifiable information about an individual student.''. SEC. 6. RULE OF CONSTRUCTION. None of the amendments made by this Act shall be construed to affect the meaning of the terms ``reasonable accommodation'' or ``record of impairment'' under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under such Act.
Respond, Innovate, Succeed, and Empower Act of 2016 or the RISE Act of 2016 This bill amends the Higher Education Act of 1965 to set forth requirements about data collection related to students with disabilities. Specifically, the bill requires institutions of higher learning to outline which documents disabled students need to submit in order to ensure they are eligible for student disability support services. Institutions must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Prekindergarten Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) High-quality prekindergarten programs help children to succeed academically. Children who attended a high-quality prekindergarten program have higher academic achievement, lower rates of grade retention, are less likely to be placed in special education, and graduate from high school at higher rates than those who did not. (2) Early childhood education can reduce juvenile delinquency rates. A 15-year study following 989 low-income children who attended high-quality, comprehensive prekindergarten found that they were 33 percent less likely to be arrested, and 42 percent less likely to be arrested for a violent crime, than children in the control group. (3) There is currently a drastic shortage of affordable, quality early education programs that are accessible for working families. (4) Full-day, full-calendar-year universal prekindergarten programs would ensure all children 3, 4, and 5 years old have access to school readiness programs and quality child care. (5) Research shows that investing in quality prekindergarten programs will provide savings in the form of reduced need for remedial education, decreased crime rates, lower school dropout rates, and decreased welfare dependence. (b) Purpose.--The purpose of this Act is to ensure that all children 3, 4, and 5 years old have access to a high-quality full-day, full-calendar-year prekindergarten program by providing grants to States to assist in developing a universal prekindergarten program that is voluntary and free-of-charge. SEC. 3. PREKINDERGARTEN GRANT PROGRAM AUTHORIZATION. The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall provide grants to an agency designated by each State (hereafter in this Act referred to as the ``designated State agency'') for the development of high-quality full- day, full-calendar-year universal prekindergarten programs for all children 3, 4, and 5 years old in the State. SEC. 4. STATE REQUIREMENTS. (a) State Matching Funds.--Federal funds made available to a designated State agency under this Act shall be matched at least 20 percent by State funds. (b) State Application.--To be eligible to receive funds under this Act, a designated State agency shall submit an application at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require. The application shall include the following: (1) How the designated State agency, in overseeing the State's universal prekindergarten program, will coordinate with other State agencies responsible for early childhood education and health programs. (2) A State plan to establish and implement a statewide universal prekindergarten program, in accordance with subsection (c). (c) State Plan.--The State plan required under subsection (b)(2) shall include each of the following: (1) A description of the universal prekindergarten program that will be established and how it will support children's cognitive, social, emotional, and physical development. (2) A statement of the goals for universal prekindergarten programs and how program outcomes will be measured. (3) A description of-- (A) how funding will be distributed to eligible prekindergarten program providers based on the need for early childhood education in each geographical area served by such providers; and (B) how the designated State agency will involve representatives of early childhood program providers (including child care providers, Head Start programs, and State and local agencies) that sponsor programs addressing children 3, 4, and 5 years old. (4) A description of how the designated State agency will coordinate with existing State-funded prekindergarten programs, federally funded programs (such as Head Start programs), public school programs, and child care providers. (5) A description of how an eligible prekindergarten program provider may apply to the designated State agency for funding under this Act. (6) A plan to address the shortages of qualified early childhood education teachers, including how to increase such teachers' compensation to be comparable to that of public school teachers. (7) How the designated State agency will provide ongoing professional development opportunities to help increase the number of teachers in early childhood programs who meet the State's education or credential requirements for prekindergarten teachers. (8) A plan to address how the universal prekindergarten program will meet the needs of children with disabilities, limited English proficiency, and other special needs. (9) A plan to provide transportation to children to and from the universal prekindergarten program. (10) A description of how the State will provide the 20 percent match of Federal funds. (d) Administration.--A designated State agency may not use more than 5 percent of a grant under this Act for costs associated with State administration of the program under this Act. SEC. 5. LOCAL REQUIREMENTS. (a) In General.--An eligible prekindergarten program provider receiving funding under this Act shall-- (1) maintain a maximum class size of 20 children; (2) maintain a ratio of not more than 10 children for each member of the teaching staff; (3)(A) ensure that all prekindergarten teachers meet the requirements for teachers at a State-funded prekindergarten program under an applicable State law; and (B) document that the State is demonstrating significant progress in assisting prekindergarten teachers on working toward a bachelor of arts degree with training in early childhood development or early childhood education; (4)(A) be accredited by a national organization with demonstrated experience in accrediting prekindergarten programs; or (B) provide assurances that it shall obtain such accreditation not later than 3 years after first receiving funding under this Act; and (5) meet applicable State and local child care licensing health and safety standards. (b) Local Application.--Eligible prekindergarten program providers desiring to receive funding under this Act shall submit an application to the designated State agency overseeing funds under this Act containing the following: (1) A description of the prekindergarten program. (2) A statement of the demonstrated need for a program, or an enhanced or expanded program, in the area served by the eligible prekindergarten program provider. (3) A description of the age-appropriate and developmentally appropriate educational curriculum to be provided that will help children be ready for school and assist them in the transition to kindergarten. (4) A description of how the eligible prekindergarten program provider will collaborate with existing community-based child care providers and Head Start programs. (5) A description of how students and families will be assisted in obtaining supportive services available in their communities. (6) A plan to promote parental involvement in the prekindergarten program. (7) A description of how teachers will receive ongoing professional development in early childhood development and education. (8) An assurance that prekindergarten programs receiving funds under this Act provide the data required in section 7(c). SEC. 6. PROFESSIONAL DEVELOPMENT SET-ASIDE. (a) In General.--A designated State agency may set aside up to 5 percent of a grant under this Act for ongoing professional development activities for teachers and staff at prekindergarten programs that wish to participate in the universal prekindergarten grant program under this Act. A designated State agency using the set-aside for professional development must include in its application the following: (1) A description of how the designated State agency will ensure that eligible prekindergarten program providers in a range of settings (including child care providers, Head Start programs, and schools) will participate in the professional development programs. (2) An assurance that, in developing its application and in carrying out its program, the professional development provider has consulted, and will consult, with relevant agencies, early childhood organizations, early childhood education experts, and early childhood program providers. (3) A description of how the designated State agency will ensure that the professional development is ongoing and accessible to educators in all geographic areas of the State, including by the use of advanced educational technologies. (4) A description of how the designated State agency will ensure that such set-aside funds will be used to pay the cost of additional education and training. (5) A description of how the designated State agency will work with other agencies and institutions of higher education to provide scholarships and other financial assistance to prekindergarten staff. (6) A description of how the State educational agency will provide a financial incentive, such as a financial stipend or a bonus, to educators who participate in and complete such professional development. (7) A description of how the professional development activities will be carried out, including the following: (A) How programs and educators will be selected to participate. (B) How professional development providers will be selected, based on demonstrated experience in providing research-based professional development to early childhood educators. (C) The types of research-based professional development activities that will be carried out in all domains of children's physical, cognitive, social, and emotional development and on early childhood pedagogy. (D) How the program will train early childhood educators to meet the diverse educational needs of children in the community, especially children who have limited English proficiency, disabilities, and other special needs. (E) How the program will coordinate with and build upon, but not supplant or duplicate, early childhood education professional development activities that exist in the community. (b) Uses of Funds.--Funds set aside under this section may be used for ongoing professional development-- (1) to provide prekindergarten teachers and staff with the knowledge and skills for the application of recent research on child cognitive, social, emotional, and physical development, including language and literacy development, and on early childhood pedagogy; (2) to provide the cost of education needed to obtain a credential or degree with specific training in early childhood development or education; (3) to work with children who have limited English proficiency, disabilities, and other special needs; and (4) to select and use developmentally appropriate screening and diagnostic assessments to improve teaching and learning and make appropriate referrals for services to support prekindergarten children's development and learning. SEC. 7. REPORTING. (a) Report by Secretary.--For each year in which funding is provided under this Act, the Secretary of Health and Human Services shall submit an annual report to the Congress on the implementation and effectiveness of the universal prekindergarten program under this Act. (b) Report by Designated State Agency.--Each designated State agency that provides grants to eligible prekindergarten program providers under this Act shall submit to the Secretary an annual report on the implementation and effectiveness of the programs in the State supported under this Act. Such report shall contain such additional information as the Secretary may reasonably require. (c) Report by Grant Recipient.--Each eligible prekindergarten program provider that receives a grant under this Act shall submit to the designated State agency an annual report that includes, with respect to the program supported by such grant, the following: (1) A description of the type of program and a statement of the number and ages of children served by the program, as well as the number and ages of children with a disability or a native language other than English. (2) A description of the qualifications of the program staff and the type of ongoing professional development provided to such staff. (3) A statement of all sources of Federal, State, local, and private funds received by the program. (4) A description of the curricula, materials, and activities used by the program to support early childhood development and learning. (5) Such other information as the designated State agency may reasonably require. SEC. 8. FEDERAL FUNDS SUPPLEMENTARY. Funds made available under this Act may not be used to supplant other Federal, State, local, or private funds that would, in the absence of such Federal funds, be made available for the program assisted under this Act. SEC. 9. DEFINITIONS. In this Act: (1) The term ``eligible prekindergarten program provider'' means a prekindergarten program provider that is-- (A) a school; (B) supported, sponsored, supervised, or carried out by a local educational agency; (C) a Head Start program; or (D) a child care provider. (2) The term ``prekindergarten program'' means a program serving children 3, 4, and 5 years old that supports children's cognitive, social, emotional, and physical development and helps prepare those children for the transition to kindergarten. (3) The term ``local educational agency'' has the meaning given that term in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (4) The term ``prekindergarten teacher'' means an individual who has received, or is working toward, a bachelor of arts degree in early childhood education. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $10,000,000,000 for fiscal year 2003; (2) $20,000,000,000 for fiscal year 2004; (3) $30,000,000,000 for fiscal year 2005; (4) $40,000,000,000 for fiscal year 2006; and (5) $50,000,000,000 for fiscal year 2007.
Universal Prekindergarten Act - Directs the Secretary of Health and Human Services to provide grants to a designated State agency for development of universal prekindergaten programs for all children three, four, and five years old in the State. Requires the State to: (1) match Federal funds by at least 20 percent; and (2) submit a State plan to establish, coordinate, and implement a statewide universal prekindergarten program. Authorizes State agencies to set aside up to five percent of a grant for ongoing professional development activities for teachers and staff of prekindergarten programs that wish to participate.
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SECTION 1. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000.''. SEC. 2. PROHIBITION ON HOUSE OF REPRESENTATIVES GENERAL ELECTION CONTRIBUTIONS IN NONELECTION YEARS. 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) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not solicit or accept any contribution in an odd-numbered year with respect to a general election for such office or any primary election relating to the general election.''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. VOLUNTARY EXPENDITURE LIMITATION FOR HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) In such form and manner as the Commission may prescribe, each candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress in a general election or a primary election for such office shall be given the opportunity to comply with a voluntary expenditure limitation of $500,000 with respect to the general election and any primary election relating to the general election. In the case of a candidate who declines to comply with the voluntary limitation, the limitation under subsection (a)(1)(A) shall be $250.''. SEC. 5. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 4, is further amended by adding at the end the following new subsection: ``(k)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than in-State residents totaling in excess of one- half of the total of contributions accepted with respect to the reporting period. ``(2) As used in this subsection, the term `in-State resident' means an individual who resides in the State in which the congressional district involved is located.''. SEC. 6. PROHIBITION OF FRANKED MASS MAILINGS BY MEMBERS OF THE HOUSE OF REPRESENTATIVES IN ELECTION YEARS. Notwithstanding any other provision of law, or any rule or other authority, a Member of the House of Representatives may not make any franked mass mailing in an even-numbered year. As used in this section-- (1) the term ``mass mailing'' has the meaning given that term in section 3210 of title 39, United States Code; and (2) the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress. SEC. 7. ELIMINATION OF CARRY-OVER OF CAMPAIGN FUNDS BETWEEN HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, and 5, is further amended by adding at the end the following new subsection: ``(l) Notwithstanding any other provision of this Act, if after satisfying all financial obligations with respect to a general election and any primary election relating to the general election, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress has a campaign account balance, the candidate shall return the excess funds to contributors or, at the option of the candidate, donate the excess funds to charity. No excess funds may be carried forward or used for any other purpose.''.
Amends the Federal Election Campaign Act of 1971 to reduce the amount of contributions that a multicandidate political committee (PAC) may make to a House of Representatives candidate. Prohibits House general election contributions in nonelection years. Sets forth: (1) limitations and reporting requirements for amounts paid for mixed political activities ("soft money"); (2) voluntary expenditure limitations for House elections; and (3) House contribution limitations from persons other than in-State residents. Prohibits election-year franked mass mailings by House members. Requires House members to return or give to charity unused campaign funds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon National Forest Administrative Site Disposal Act''. SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LANDS, OREGON. (a) Conveyance Authority.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') may sell or exchange, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following National Forest System lands and improvements thereon located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette National Forests in the State of Oregon: (1) Tract ror-a.--Star Gulch Complex, Jacksonville, Oregon, consisting of approximately 2.25 acres in the north half of section 28, township 39 south, range 3 west, Willamette meridian, and containing the Star Gulch complex buildings of the Applegate Ranger District. (2) Tract ror-b.--Butte Falls Houses, Butte Falls, Oregon, consisting of approximately 0.50 acres in the S1/2NE1/4 of section 10, township 35 south, range 2 east, Willamette meridian, and containing those Forest lands in the Butte Falls Ranger District associated with Butte Falls Houses. (3) Tract sis-a.--Old Agness Guard Station, Agness, Oregon, consisting of approximately 2.5 acres in the SE1/4, NE1/4, Lot 14, of section 7, township 35 south, range 11 west, Willamette meridian, and containing those Forest lands in the Gold Beach Ranger District and associated administrative buildings at the Old Agness Guard Station. (4) Tract sis-b.--Chetco Ranger District Housing Complex, Brookings, Oregon, consisting of approximately 1.5 acres in the SW1/4, Block 29, of section 5, township 41 south, range 13 west, Willamette meridian, and containing the Chetco Ranger District and the associated housing complex. (5) Tract sis-c.--Daycare center on Wallace Street in Gold Beach, Oregon, consisting of approximately 0.25 acres. (6) Tract sis-d.--Powers South Work Center, Powers, Oregon, consisting of approximately 1.59 acres in the east 1/2 of section 13, township 31 south, range 12 west, Willamette meridian, and containing the South Compound site and associated administrative buildings. (7) Tract siu-b.--Gardiner Administrative Site, Gardiner, Oregon, consisting of approximately 3.4 acres in the NW1/4NE1/4 of section 22, township 21 south, range 12 west, Willamette meridian, and containing the Gardiner Administrative Site and the associated administrative buildings. (8) Tract siu-c.--Waldport Administrative Site, Waldport, Oregon, consisting of approximately 6.65 acres in the SW1/4SW1/ 4 of section 19, township 13 south, range 11 west, and the SE1/ 4SE1/4 of section 24, township 13 south, range 12 west, Willamette meridian, and containing the Waldport Administrative Site and the associated administrative buildings. (9) Tract ump-a.--Roseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres in the NE\1/4\NW\1/4\ of section 20, township 27 south, range 5 west, Umpqua meridian. (10) Tract ump-b.--Roseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres in section 15, township 27 south, range 5 west, Umpqua meridian. (11) Tract ump-c.--Brown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres in the E\1/2\NW\1/4\ of section 19, township 26 south, range 3 west, Umpqua meridian. (12) Tract wil-a.--Blue River Administrative Site, Blue River, Oregon, consisting of approximately 31.91 acres in the SW1/4S1/2 of section 28, township 16 south, range 4 east, Willamette meridian, and containing the upper portion of the Blue River Ranger District Compound and the associated administrative buildings. (13) Tract wil-b.--Hemlock Houses, Westfir, Oregon, consisting of approximately 6 acres in section 12, township 21 south, range 2 east, Willamette meridian, and containing those lands in Lot 2 associated with the Hemlock Houses. (14) Tract wil-c.--Flat Creek Administrative Site, Oakridge, Oregon, consisting of approximately 45 acres in the NW1/4 of section 14, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings. (15) Tract wil-d.--Subject to section 3, Rigdon Administrative Site, Oakridge, Oregon, consisting of approximately 15 acres in the NE1/4NE1/4 of section 21, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings. (16) Tract wil-f.--Cascadia Administrative Site, Sweet Home, Oregon, consisting of approximately 15 acres in the SE1/4 of section 36, township 13 south, range 2 east, Willamette meridian, and containing the Cascadia Administrative Site and the associated administrative buildings. (17) Tract wil-o.--Willamette National Forest Warehouse Administrative Site, Eugene, Oregon, consisting of approximately 2.4 acres in the NW1/4SE1/4 of section 25, township 17 south, range 4 west, Willamette meridian, and containing the Willamette National Forest Warehouse Administrative Site and the associated administrative buildings. (18) Tract wil-p.--Westfir Residences, Westfir, Oregon, consisting of approximately 20 acres in the NW1/4SW1/4 of section 8, township 21 south, range 3 east, Willamette meridian, and containing those lands associated with the Westfir Residences of a community nature. (b) Maps and Correction Authority.--The lands described in subsection (a) (other than in paragraphs (9), (10), and (11) of such subsection) are depicted on maps entitled ``Oregon Land Dispositions'' and dated June 30, 2003. The lands described in paragraphs (9), (10), and (11) of such subsection, Tracts UMP-A, UMP-B, and UMP-C, are depicted on the map entitled ``Umpqua National Forest Land Dispositions'' and dated June 1, 2003. The maps shall be on file and available for public inspection in the office of the Chief of the Forest Service until such time as the lands are conveyed. The Secretary may make minor corrections to the maps and may modify the descriptions in subsection (a) to correct errors or to reconfigure the lands to facilitate their conveyance. (c) Consideration.-- (1) Authorized consideration.--Consideration for the conveyance of land described in subsection (a) may include cash, land, including land with improvements constructed to the specifications of the Secretary, or a combination thereof. (2) Conveyances to public entities.--The Secretary may convey, without consideration, to the State of Oregon or a local government for public purposes any or all right, title and interest of the United States in and to land described in subsection (a). The conveyance of land without consideration under this paragraph shall be subject to such terms, conditions, and restrictions as the Secretary considers appropriate, and the Secretary shall include in the deed of conveyance a right of the United States to reenter and take title to the land if the land is sold or conveyed to another party or is devoted to a use other than the use for which the land was conveyed. (3) Authorization of direct sale.--In the case of the land described in paragraph (17) of subsection (a), Tract WIL-O, the Secretary shall grant the Eugene Mission the right to acquire the land in a direct sale for market value. (d) Conveyance Methods.-- (1) In general.--The Secretary may convey land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines will be in the best interests of the United States. (2) Solicitations of offers.--The Secretary may solicit offers for the conveyance of land under subsection (a) on such terms and conditions as the Secretary considers appropriate. The Secretary may reject any offer if the Secretary determines that the offer is not adequate or not in the public interest. (3) Use of brokers.--The Secretary may use real estate brokers in the conveyance of lands under subsection (a), and may pay appropriate commissions commensurate with the prevailing rates in the area. (e) Valuation.--Any appraisal considered necessary by the Secretary to convey land described in subsection (a) shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (f) Cash Equalization Payments.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land conveyed by exchange under authority of subsection (a). (g) Deposit and Treatment of Proceeds.--The Secretary shall deposit the proceeds from the conveyance of the land described in subsection (a) in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). No portion of the proceeds may be paid or distributed to the State of Oregon or a county in the State under any provision of law, and the proceeds are not moneys received from the National Forest for any purpose. (h) Use of Deposited Funds.-- (1) Authorized uses.--Funds deposited pursuant to subsection (g) shall be available to the Secretary, without further appropriation and until expended, for the following purposes: (A) The acquisition of land and interests in land for inclusion in a unit of the National Forest System specified in subsection (a). (B) The payment or reimbursement of costs incurred by the Forest Service in processing and arranging conveyances under this section, including the payment of real estate broker commissions authorized under subsection (d). (C) The acquisition or construction of new facilities, or the rehabilitation of existing facilities, in a unit of the National Forest System specified in subsection (a). (2) Land acquisition.--The use of the land acquisition authority provided by paragraph (1)(A) is subject to the following conditions: (A) The amount available for expenditure in each unit of the National Forest System referred to in subsection (a) shall be equal to the amount derived from the conveyance of land described in such subsection in that unit, reduced by any costs incurred by the Forest Service in processing those conveyances. (B) Funds derived from conveyances under this section may be used for the acquisition of lands and interests in land in other units of the National Forest System in Oregon if the Regional Forester for Region 6 agrees to such use. (3) Administration of lands acquired by the united states.--Lands acquired by the Secretary under this subsection or acquired by exchange under this section shall be managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.), and other laws and regulations pertaining to the National Forest System. (i) Departmental Regulations.--The Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (j) Withdrawals and Revocations.-- (1) Public land orders.--Effective as of the date of the enactment of this Act, any public land orders applicable to the land described in subsection (a) are revoked with respect to that lands. (2) Withdrawal.--Subject to valid existing rights, land described in subsection (a) are withdrawn from location, entry, and patent under the mining laws of the United States. SEC. 3. LAND CONVEYANCE, PORTION OF RIGDON ADMINISTRATIVE SITE, OAKRIDGE, OREGON, TRACT WIL-D. (a) Conveyance Required.--The Secretary of Agriculture shall convey, without consideration, to the City of Oakridge, Oregon (in the section referred to as the ``City)'', all right, title, and interest of the United States in and to the lower portion of the land described in section 2(a)(15), Tract WIL-D, for the purpose of facilitating the establishment of a timber museum on the conveyed land to be managed by the Upper Willamette Pioneer Association. (b) Legal Description.--The portion of Tract WIL-D to be conveyed to the City under this section is located generally west of Rigdon Drive, but the Secretary shall determine the exact acreage and description of the land to be conveyed. The conveyed land may not include the five residential properties on the upper portion of Tract WIL-D, generally located northeast of the intersection of Highway 58 and Rigdon Drive. (c) Condition of Conveyance.--As a condition of the conveyance under this section, the City and the Upper Willamette Pioneer Association shall agree to honor the life and contributions of Loran L. ``Stub'' Stewart with an appropriate display in the museum established on the conveyed property. SEC. 4. BOUNDARY ADJUSTMENT, ROGUE-UMPQUA DIVIDE WILDERNESS, OREGON. (a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98-328; 98 Stat. 273; 16 U.S.C. 1132 note) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the map entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and dated May 6, 2003. The adjustment is more fully described as follows: (1) Beginning at township 30 south, range 3 east, Willamette base and meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked ``USDA FOREST SERVICE AP 927 2001''. (2) Thence north 63 deg.39'34'' east, 3700.00 feet to new Angle Point 927B. (3) Thence south 84 deg.20'00'' east, 360.00 feet to new Angle Point 927C. (4) Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1-1/2 inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked ``AP 928 1999''. (5) Thence north 23 deg.00'00'' west, 175.00 feet to new Angle Point 928A. (6) Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as ``A high point on a ridge'' in section 7, township 30 south, range 3 east, Willamette base and meridian, with an elevation of approximately 4150 feet. (b) Map.--The map referred to in subsection (a) shall be on file and available for public inspection in the office of the Chief of the Forest Service. The Secretary of Agriculture may correct technical errors in the map and legal description specified in subsection (a).
Oregon National Forest Administrative Site Disposal Act - Directs the Secretary of Agriculture to sell or exchange any or all right, title, and interest of the United States in and to specified National Forest System lands, and improvements on those lands, located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Williamette National Forests in Oregon. Allows the Secretary to convey, without consideration, any or all right, title, and interest of the United States in and to such land to the State of Oregon or a local government for public purposes. Grants the Eugene Mission the first right to acquire certain of such land in a direct sale for market value. Allows the Secretary to accept a cash equalization payment exceeding 25 percent of the value of any such land conveyed by exchange as directed above. Provides for the deposit and treatment of the proceeds from the conveyance of all such land. Describes the authorized uses of deposited funds. Revokes any public land orders applicable to such land. Withdraws such land from location, entry, and patent under the U.S. mining laws. Directs the Secretary to convey, without consideration, certain of such land to the city of Oakridge, Oregon, to facilitate the establishment of a timber museum on such land to be managed by the Upper Williamette Pioneer Association. Adjusts the the Rogue-Umpqua Divide wilderness boundary as identified on the "Rogue-Umpqua Divide Wilderness Boundary Modification" map, dated May 6, 2003. .
{"src": "billsum_train", "title": "To provide for the disposal of certain Forest Service administrative sites in the State of Oregon, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Energy Safety and Technology Improvement Act of 2013''. SEC. 2. PRIORITY IN PERMITTING FOR NEW SAFETY-ENHANCING TECHNOLOGIES. (a) Exploration Plans and Permits.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following: ``(g) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies.''. (b) Development and Production Plans and Permits.--Section 25 of such Act (43 U.S.C. 1351) is amended by adding at the end the following: ``(m) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies.''. SEC. 3. ESTABLISHMENT OF A SMALL BUSINESS PROGRAM. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 31. ESTABLISHMENT OF SMALL BUSINESS PROGRAM. ``(a) In General.--The Secretary shall establish a small business innovation research program or small business technology transfer program, or both, in accordance with this section to broaden participation by smaller industry participants in the development of safer technologies for offshore oil and gas exploration and development. ``(b) Definitions.--In this section each of the terms `small business innovation research program' and `small business technology transfer program' has the meaning given such term in section 9(e) of the Small Business Act (15 U.S.C. 638(e)), as in effect on the date of the enactment of the Ocean Energy Safety and Technology Improvement Act of 2013.''. SEC. 4. OCEAN ENERGY SAFETY INSTITUTE. (a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is further amended by adding at the end the following: ``SEC. 32. OCEAN ENERGY SAFETY INSTITUTE. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish an independent Ocean Energy Safety Institute (in this section referred to as the `Institute') to enhance safe and responsible operations across the offshore oil and gas industry. ``(2) Form.--The Secretary may establish the Institute as-- ``(A) a federally funded research and development center through an agreement in accordance with Federal Acquisition Regulation 35.017-1; or ``(B) a university-affiliated research center managed by an institution of higher education. ``(3) Collaboration.--The Secretary shall ensure that the Institute is a collaborative initiative involving government, academia, and scientific experts. ``(b) Functions.--The Institute shall-- ``(1) develop a program of research, technical assistance, and education that serves as a center of expertise in oil and gas exploration, development, and production technology; ``(2) provide a forum for dialogue, shared learning, and cooperative research among academia, government, industry, and other nongovernmental organizations, in offshore energy-related technologies and activities that ensure safe and environmentally responsible offshore oil and gas exploration, development, and production operations; ``(3) serve as a technical center that captures and preserves knowledge and experience to improve such operations; ``(4) provide recommendations and technical assistance to the Secretary related to the determination of best available and safest technology and environmentally sound offshore oil and gas development practices; ``(5) evaluate design, test protocols, and test results on behalf of the Secretary to certify new best available and safest technologies for such operations that have health, safety, or environment ramifications; ``(6) facilitate training of Federal workers on identification and verification of best available and safest technology, and implementation of operational improvements, in the areas of offshore drilling safety and environmental protection, blowout containment, and oil spill response; ``(7) develop and maintain a domestic and international equipment failure reporting system and database of critical offshore oil and gas operations equipment failures related to well control; ``(8) provide recommendations and technical assistance related to geological and geophysical sciences relevant to understanding the technical challenges of offshore oil and gas operations; and ``(9) provide knowledgeable independent assessments concerning technology maturity, suitability, and cost. ``(c) Funding.-- ``(1) Fee.--The Secretary shall issue regulations to establish an annual nonproducing lease fee with respect to areas of the outer Continental Shelf that are subject to a lease under this Act for production of oil or natural gas under which production is not occurring. ``(2) Application.--Such fee shall apply with respect to land that is subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter. ``(3) Amount.--The amount of the fee shall be $1 for each acre of such land from which oil or natural gas is produced for less than 90 days in a calendar year. ``(4) Assessment and collection.--The Secretary shall assess and collect the fee established under this subsection. ``(5) Use.--Amounts received by the United States as the fee under this subsection may be used by the Secretary for operations of the Institute. ``(6) Preventing evasion.--The Secretary may include in the regulations provisions to prevent evasion of the fee. ``(d) Reporting and Meetings.--The Institute shall provide a report to the Secretary on all Institute activities on a quarterly basis, and conduct an in-person meeting with the Secretary or the Secretary's designees at least once each year.''. (b) Deadline for Fee Regulations.--The Secretary of the Interior shall issue regulations establishing the fee under the amendment made by subsection (a) within 180 days after the date of enactment of this Act.
Ocean Energy Safety and Technology Improvement Act of 2013 - Amends the Outer Continental Shelf Lands Act, with respect to the consideration of permits for geological explorations and development and production, to allow the Secretary of the Interior to give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies. Directs the Secretary to establish: (1) a small business innovation research program or technology transfer program, or both, to broaden participation in the development of safer technologies for offshore oil and gas exploration and development; and (2) an Ocean Energy Safety Institute, as a collaborative federally funded research and development center or university-affiliated research center, to enhance safe and responsible operations across the offshore oil and gas industry. Funds operations of the Institute through an annual fee applicable to areas of the outer Continental Shelf subject to an oil or gas lease under which production is not occurring.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Authentication Feature and Enhanced Identification Defense Act of 2003'' or ``SAFE ID Act''. SEC. 2. FRAUD AND FALSE STATEMENTS. (a) Offenses.--Section 1028(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``, authentication feature,'' after ``an identification document''; (2) in paragraph (2)-- (A) by inserting ``, authentication feature,'' after ``an identification document''; and (B) by inserting ``or feature'' after ``such document''; (3) in paragraph (3), by inserting ``, authentication features,'' after ``possessor)''; (4) in paragraph (4)-- (A) by inserting ``, authentication feature,'' after ``possessor)''; and (B) by inserting ``or feature'' after ``such document''; (5) in paragraph (5), by inserting ``or authentication feature'' after ``implement'' each place that term appears; (6) in paragraph (6)-- (A) by inserting ``or authentication feature'' before ``that is or appears''; (B) by inserting ``or authentication feature'' before ``of the United States''; (C) by inserting ``or feature'' after ``such document''; and (D) by striking ``or'' at the end; (7) in paragraph (7), by inserting ``or'' after the semicolon; and (8) by inserting after paragraph (7) the following: ``(8) knowingly traffics in false authentication features for use in false identification documents, document-making implements, or means of identification;''. (b) Penalties.--Section 1028(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``, authentication feature,'' before ``or false''; and (ii) in clause (i), by inserting ``or authentication feature'' after ``document''; and (B) in subparagraph (B), by inserting ``, authentication features,'' before ``or false''; and (2) in paragraph (2)(A), by inserting ``, authentication feature,'' before ``or a false''. (c) Circumstances.--Section 1028(c)(1) of title 18, United States Code, is amended by inserting ``, authentication feature,'' before ``or false'' each place that term appears. (d) Definitions.--Section 1028(d) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), (10), and (11), respectively; (2) by inserting before paragraph (2), as redesignated, the following: ``(1) the term `authentication feature' means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;''; (3) in paragraph (4)(A), as redesignated, by inserting ``or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit'' after ``entity''; (4) by inserting after paragraph (4), as redesignated, the following: ``(5) the term `false authentication feature' means an authentication feature that-- ``(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit; ``(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or ``(C) appears to be genuine, but is not; ``(6) the term `issuing authority'-- ``(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and ``(B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international government or quasi- governmental organization;''; (5) in paragraph (10), as redesignated, by striking ``and'' at the end; (6) in paragraph (11), as redesignated, by striking the period at the end and inserting ``; and''; and (7) by adding at the end the following: ``(12) the term `traffic' means-- ``(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or ``(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.''. (e) Additional Penalties.--Section 1028 of title 18, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Forfeiture; Disposition.--In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.''. (f) Technical and Conforming Amendment.--Section 1028 of title 18, United States Code, is amended in the heading by inserting ``, authentication features,'' after ``documents''.
Secure Authentication Feature and Enhanced Identification Defense Act of 2003 (SAFE ID Act) - Amends the Federal criminal code to prohibit knowingly trafficking in false authentication features for use in false identification documents, document-making implements, or means of identification.Directs the court, in addition to any penalty prescribed for fraud and related activity in connection with identification documents and information, to order the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Research Integration Act''. SEC. 2. ENERGY AND WATER RESEARCH AND ASSESSMENT. (a) In General.--The Secretary of Energy shall assess each of the energy research, development, and demonstration programs and projects of the Department of Energy and identify those programs and projects into which it is appropriate to integrate water considerations. In carrying out this section the Secretary shall, as appropriate-- (1) seek to advance energy and energy efficiency technologies and practices that would-- (A) minimize freshwater withdrawal and consumption; (B) increase water use efficiency; and (C) utilize nontraditional water sources with efforts to improve the quality of that water; (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (b) Strategic Plan.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall develop a Strategic Plan (in this section referred to as the ``Strategic Plan'') outlining the research, development, and demonstration needs for the programs and projects identified under subsection (a), in accordance with subsections (a) through (c) of this section, as appropriate. (2) Milestones and specific considerations.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall evaluate and, as appropriate, establish technical milestones for-- (A) new advanced cooling technologies for energy generation and fuel production technologies; (B) performance improvement of existing cooling technologies and cost reductions associated with using those technologies; (C) innovative water reuse, recovery, and treatment in energy generation and fuel production; (D) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (E) technologies that are life-cycle cost effective; (F) systems analysis and modeling of issues relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (G) technologies to treat and utilize produced waters discharged from oil, natural gas, coalbed methane, and mining activities; (H) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (I) biomass production and utilization and the impact on hydrologic systems; (J) technologies that reduce impacts on water from energy resource development; (K) increases in energy efficiency of water distribution and collection systems; (L) technologies for energy generation from water distribution and collection systems; and (M) any other area of the energy-water nexus that the Secretary considers appropriate. (3) Interagency collaboration and nonduplication.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall, where appropriate, work collaboratively with other Federal agencies operating related programs and avoid duplication. (4) Intra-agency coordination and nonduplication.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall coordinate and avoid duplication of activities across programs and projects of the Department of Energy, including with those of the National laboratories. (5) Relevant information and recommendations.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall consider and incorporate, as appropriate, relevant information and recommendations, including those of the National Water Availability and Use Assessment Program under section 9508(d) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)). (6) Nongovernmental participation.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions and industry who have expertise in technologies and practices relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (7) Submission to congress.--Not later than 9 months after the date of enactment of this Act, the Secretary shall submit to Congress the Strategic Plan. (8) Updating the strategic plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall utilize relevant information produced by Federal Government agencies, academia, and industry to update the Strategic Plan, and submit a report to Congress describing the changes from the initial Strategic Plan. (c) Implementation.-- (1) In general.--The Secretary of Energy shall implement the Strategic Plan, as appropriate, in carrying out energy research, development, and demonstration programs of the Department of Energy. (2) Application to projects.--Not later than 3 months after the submission of the report to Congress in subsection (b)(7)), the Secretary shall as appropriate apply the Strategic Plan to projects-- (A) identified as the most energy and water intensive; and (B) with the most potential to achieve the purposes of this section. (3) Delay or disruption.--In carrying out this subsection, the Secretary shall ensure that no program or project of the Department is unnecessarily delayed or disrupted. (d) Reports.--Not later than 2 years after the date of enactment of this Act, and at least once every 2 years thereafter, the Secretary shall transmit to Congress a report on its findings and activities under this section. (e) Additional Activities.--The Secretary may provide for such additional research, development, and demonstration activities as may be appropriate to integrate water considerations into the research, development, and demonstration activities of the Department as described in subsection (a). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $60,000,000 for each of the fiscal years 2011 through 2015. SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL. (a) In General.--The Secretary of Energy, in coordination with other relevant Federal agencies, shall establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. The Council shall consist of-- (1) representation from each Federal agency that conducts research related to energy and water resource data; and (2) non-Federal members, including representatives of research and academic institutions and industry, who have expertise in technologies and practices relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (b) Functions.--The Council shall-- (1) make recommendations on the development of data collection and data communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (2) recommend ways to make improvements to Federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops, including at least one regional workshop annually, to facilitate information exchange among Federal, State, and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (c) Reports.--Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Council, through the Secretary of Energy, shall transmit to the Congress a report on its findings and activities under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $5,000,000 for each of the fiscal years 2011 through 2015. SEC. 4. LIMITATION ON FEDERAL REGULATIONS. Nothing in this Act shall be construed to allow the establishment of regulations by the Federal Government that would infringe or impair the use of water by State, tribal, or local governments. SEC. 5. MANDATES. Nothing in this Act shall be construed to require State, tribal, or local governments to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments. SEC. 6. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary of Energy shall coordinate activities under this Act with other programs of the Department of Energy and other Federal research programs. Passed the House of Representatives December 1, 2009. Attest: LORRAINE C. MILLER, Clerk.
Energy and Water Research Integration Act - (Sec. 2) Directs the Secretary of Energy to identify each of the Department of Energy's (DOE's) energy research, development, and demonstration programs and projects into which it is appropriate to integrate water considerations. Requires the Secretary to: (1) seek to advance energy and energy efficiency technologies and practices that would minimize freshwater withdrawal and consumption, increase water use efficiency, and utilize nontraditional water sources with efforts to improve water quality; and (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. Requires the Secretary to develop, submit to Congress within nine months, and update every three years a Strategic Plan outlining the research, development, and demonstration needs of such programs and projects. Requires the Secretary to evaluate and establish technical milestones for: (1) new advanced cooling technologies for energy generation and fuel production technologies; (2) performance improvement and cost reductions of cooling technologies; (3) innovative water reuse, recovery, and treatment in energy generation and fuel production; (4) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (5) technologies that are life-cycle cost effective; (6) systems analysis and modeling of issues relating to the energy required to provide water supplies and the water required to provide reliable energy supplies; (7) technologies to treat and utilize produced waters discharged from oil, natural gas, coal-bed methane, and mining activities; (8) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (9) biomass production and utilization and the impact on hydrologic systems; (10) technologies that reduce impacts on water from energy resource development; (11) increases in energy efficiency of water distribution and collection systems; and (12) technologies for energy generation from such systems. Requires the Secretary to: (1) implement the Strategic Plan in carrying out DOE energy research, development, and demonstration programs; and (2) report to Congress every two years on findings and activities under this Act. Authorizes appropriations. (Sec. 3) Directs the Secretary to establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Requires the Council to: (1) make recommendations on the development of data collection and communication standards and protocols to entities engaged in collecting data for the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (2) recommend ways to make improvements to federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops to facilitate information exchange among federal, state, and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (Sec. 4) Provides that nothing in this Act shall be construed to: (1) allow the establishment of regulations by the federal government that would infringe or impair the use of water by state, tribal, or local governments; and (2) require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use. (Sec. 6) Directs the Secretary to coordinate activities under this Act with other DOE programs and other federal research programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gandhi-King Scholarly Exchange Initiative Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Mohandas (Mahatma) Karamchand Gandhi and Martin Luther King, Jr., were dedicated leaders of peace, civil rights, social justice, and social change in their respective communities and countries and in the world. (2) Mahatma Gandhi, who was born on October 2, 1869, was murdered on January 30, 1948, after dedicating his life to the peaceful empowerment of the people of India and to their liberation from British occupation. (3) Martin Luther King, Jr., who was born on January 15, 1929, was murdered on April 4, 1968, after a life dedicated to peaceful movements against segregation, discrimination, racial injustice, and poverty. (4) Mahatma Gandhi, who employed the principle of satyagraha, or non-violent resistance, has come to represent the moral force inspiring many civil and social rights movements around the world. (5) King's effective use of Gandhian principles was instrumental to the American civil rights movement. (6) In February 2009, a congressional delegation traveled to India to commemorate the 50th anniversary of the pilgrimage of Martin Luther King, Jr., and his wife, Coretta Scott King, to that country in 1959, and to study Gandhi's life and work, highlighting the need for further progress in peaceful conflict resolution and combating poverty. (7) In February 2009, United States Special Envoy for Pakistan and Afghanistan Richard Holbrooke visited India to determine how the international community can better contribute to peace and stability in Afghanistan and South Asia. (8) According to the 2009 Global Peace Index prepared by the Institute for Economics and Peace, if there had been no global violence in 2007, $4,800,000,000 in new business would have been created and $7,200,000,000 in expenses would have been saved, indicating that there is significant economic value associated with peace. SEC. 3. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE. (a) Initiative Established.--The Secretary of State is authorized to carry out, in cooperation with the appropriate representatives of the Government of India, an initiative to be known as the ``Gandhi-King Scholarly Exchange Initiative''. The initiative shall be comprised of educational, scholarly, and professional exchange programs, including the following: (1) An annual public diplomacy forum for scholars from the United States and India that focuses on the legacies of Mahatma Gandhi and Martin Luther King, Jr., which shall-- (A) be held alternately in the United States and in India; (B) include representatives from governments, non- governmental organizations, educational institutions, cultural organizations, and civic organizations; and (C) focus on studying the work of Gandhi and King and applying their philosophies to current issues, including the status of poverty, conflict, human rights, civil rights, peace, nonviolence, and democracy in the United States and India. (2) A professional development training initiative for government employees to develop international conflict solutions based on the principles of nonviolence developed in consultation with the president and chief executive officer of the United States Institute of Peace, the Under Secretary for Public Diplomacy and Public Affairs of the Department of State, and United States cooperating partners, which shall-- (A) target Federal, State, and local government employees in countries with ongoing political, social, ethnic, or violent conflict; (B) include a specific focus on the success of nonviolent movements in conflict resolution; (C) develop a curriculum for teaching conflict resolution and make such curriculum available to participating government employees; and (D) be made publically available through a variety of media. (3) An undergraduate, graduate, and post-graduate student exchange for students to-- (A) study the history and legacies of Martin Luther King, Jr., and Mahatma Gandhi; (B) visit historic sites in India and the United States that were integral to the American civil rights movement and the Indian independence movement; and (C) research and develop papers on the importance of peace, nonviolence, and reconciliation in current conflict regions. (b) United States Cooperating Partners Defined.--The term ``United States cooperating partners'' means-- (1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (2) a combination of institutions of higher education (as that term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003(2))); (3) a nongovernmental organization incorporated in the United States; or (4) a consortium consisting of two or more such institutions of higher education, higher education associations, or nongovernmental organizations. SEC. 4. REPORTING REQUIREMENTS. (a) Initial Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report on the Secretary's plan to carry out the initiative authorized under section 3. (b) Periodic Updates.--Upon the request of the committees referred to in subsection (a), the Secretary shall submit to such committees an update on the Secretary's progress in implementing the plan referred to in subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2010 through 2015. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purpose.
Gandhi-King Scholarly Exchange Initiative Act of 2009 - Authorizes the Secretary of State to carry out, in cooperation with the government of India, the Gandhi-King Scholarly Exchange Initiative comprised of educational, scholarly, and professional exchange programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Commitment to Consumers Act of 2009''. SEC. 2. NATIONAL CREDIT CARD USURY RATE. Section 107 of the Truth in Lending Act (15 U.S.C. 1606) is amended by adding at the end the following new subsection: ``(f) National Consumer Credit Usury Rate.-- ``(1) Limitation established.--Except as provided in paragraph (3) and notwithstanding subsection (a) or any other provision of law, the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan may not exceed 16 percent. ``(2) Inclusion of certain fees in determining apr.--In determining the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan for purposes of paragraph (1), any fee compensating a creditor or prospective creditor for opening or maintaining the account or for an extension of credit or making available a line of credit, such as a membership fee, or an annual fee shall be included in the finance charge for purposes of section 107. ``(3) Adjustments.-- ``(A) In general.--Subject to paragraphs (4) and (6), the Board may make adjustments to the maximum annual percentage rate limitation under paragraph (1) when any such adjustment is in the public interest and economic conditions warrant to the extent the limitation, after the adjustment, continues to fully protect consumers from exploitive and unreasonable lending practices. ``(B) Presumption concerning increases.--Any increase in the maximum annual percentage rate limitation under paragraph (1) shall be presumed to not be in the public interest unless the Board determines, after opportunity for comment, that severe economic conditions exist to justify an increase in such limitation, taking into account the prevailing bank prime rates, the rates in effect for overnight loans to member banks (as defined in section 3 of the Federal Deposit Insurance Act) and statistical information the Board determines to be relevant. ``(4) Notice to the congress.--Upon making any adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Board shall promptly submit a notice of such adjustment to the Congress. ``(5) Hearing.-- ``(A) In general.--After receipt by the House of Representatives of a notice from the Board pursuant to paragraph (4) of an adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Committee on Financial Services of the House of Representatives shall promptly conduct a hearing on such adjustment. ``(B) Rules of house of representatives.--The provisions of subparagraph (A) are enacted-- ``(i) as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and ``(ii) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. ``(6) Delayed effective date of any increase.--An increase, in accordance with paragraph (3)(B), in the maximum annual percentage rate limitation under paragraph (1)-- ``(A) may not take effect before the end of the 90- day period beginning on the date the notice to the Congress is submitted by the Board under paragraph (4); and ``(B) shall cease to be effective as of the date of the enactment of a joint resolution with respect to such increase. ``(7) Clarification of congressional intent.-- ``(A) No endorsement of 16 percent credit card rates.--No provision of this subsection may be construed as an endorsement by Congress of an interest rate of 16 percent on credit card accounts to which paragraph (1) applies. ``(B) Rates most advantageous to the borrower.--It is the intention of the Congress in enacting this subsection that-- ``(i) the maximum annual percentage rate limitation under paragraph (1) should merely serve as a ceiling on the annual percentage rate applicable consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and ``(ii) consumer credit card issuers should strive to maintain the rates on consumer credit card accounts that are the most advantageous to borrowers. ``(8) Unfair and deceptive act or practice.--In the case of any credit card account under an open end consumer credit plan which, as of December 11, 2009, bears an annual percentage rate that is less than 16 percent, any increase in the annual percentage on such account during the period beginning on December 11, 2009, and ending at the end of the 60-day period beginning on the date of the enactment of the Restoring America's Commitment to Consumers Act of 2009 shall be treated by the agency with jurisdiction over the creditor under section 108 as an unfair or deceptive act or practice. ``(9) Definition.--In this subsection, the term `joint resolution' means only a joint resolution-- ``(A) which does not have a preamble; ``(B) the title of which is as follows: `Joint resolution relating to the increase in the interest rates on credit card accounts pursuant to section 107(f)(3) of the Truth in Lending Act.'; and ``(C) the sole matter after the resolving clause of which is as follows: `That the Congress disapproves of any increase, pursuant to section 107 (f)(3) in the maximum annual percentage rate limitation applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan, notice of which was transmitted to the Congress on ___ by the Board of Governors of the Federal Reserve System', the blank space being filled with the appropriate date.''. SEC. 3. CAP ON CERTAIN CREDIT CARD ACCOUNT FEES. (a) In General.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by inserting after section 150 (as added by section 109(a) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) the following: new section: ``Sec. 151. Cap on certain credit card account fees. ``(a) In General.--Except as provided in subsection (b), the amount of any fee that a card issuer may impose with respect to a credit card account under an open end consumer credit plan, including any fee for default or breach by a borrower of a condition upon which credit was extended, such as a late fee, creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fee, and over-the-limit transaction fee, or other charge that a card issuer may impose with respect to a credit card account under an open end consumer credit plan may not exceed $15. ``(b) Exception for Fees Taken Into Account Under Section 107(f)(2).--Subsection (a) shall not apply with respect to any fee taken into account pursuant to subsection (f)(2) of section 107.''. (b) Clerical Amendment.--The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 150 (as added by section 109(b) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) the following new item: ``151. Cap on certain credit card account fees.''. SEC. 4. CLARIFICATION OF COORDINATION WITH STATE LAW. The first sentence of section 111(a)(1) of the Truth in Lending Act (15 U.S.C. 1610(a)(1)) is amended by striking ``the disclosure of information in connection with''. SEC. 5. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall take effect on the date of the enactment of this Act.
Restoring America's Commitment to Consumers Act of 2009 - Amends the Truth in Lending Act to prohibit the annual percentage rate (APR) applicable to an extension of credit on a credit card account under an open end consumer credit plan from exceeding 16%. Includes in an APR any compensation fee (including a membership fee or an annual fee) for: (1) opening or maintaining the account; (2) granting an extension of credit; or (3) making available a line of credit. Authorizes the Board of Governors of the Federal Reserve System to make adjustments to the maximum APR limitation; but creates the presumption that any increase by the Board to the maximum limitation is not in the public interest unless severe economic conditions justify the increase. Prohibits construction of this Act as an endorsement by Congress of a 16% APR. Declares the intention of Congress that: (1) such maximum APR limitation should merely serve as a ceiling on consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and (2) consumer credit card issuers should strive to maintain APRs most advantageous to borrowers. Treats as an unfair or deceptive act or practice a credit card account which, as of December 11, 2009, bears an APR that is less than 16%, and subsequently increases it between December 11, 2009, and 60 days after enactment of this Act. Imposes a $15 cap upon certain credit card account fees, including fees (such as late fees, overdraft fees, or over-the-limit transaction fees) for borrower default or breach of any condition upon which credit was extended.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. (c) Protection of Privacy.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin is not subject to the mandatory disclosure provisions of section 552 of title 5, United States Code, but may be released only as provided in subsection (b). SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost sharing requirements as specified in the last proviso under the heading ``united states geological survey-surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50). Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk.
Upper Mississippi River Basin Protection Act - Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Directs the Secretary of the Interior, acting through the Director of the United States Geological Survey (USGS), to establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin. (Sec. 102) Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; (3) integrate the existing monitoring efforts into the network; (4) make maximum use of existing data and ongoing programs and efforts in developing the network; (5) carry out this section in coordination with the long-term estuary assessment project authorized by the Estuaries and Clean Waters Act of 2000; (6) collaborate with other public and private monitoring programs; and (7) report to Congress on the network's development. (Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Title II: Computer Modeling and Research - (Sec. 201) Requires the Director to establish: (1) a computer modeling program to identify nutrient and sediment sources in the Basin; and (2) an Internet-based system to provide information about nutrient and sediment loss reduction programs and projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries. (Sec. 203) Requires the Director to provide to Congress and make available to the public: (1) an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin; and (2) a progress report every three years regarding modeling activities.Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to: (1) the USGS each fiscal year to carry out this Act, requiring one-third of the appropriated funds for the Cooperative Water Program and the remainder for the Hydrologic Networks and Analysis Program; and (2) the National Research Council for the water resources assessment.(Sec. 302) Makes funds available for the Cooperative Water Program subject to the same cost-sharing requirements as specified in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Rate Payer Disaster Recovery Act of 2008''. SEC. 2. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES OF ELECTRIC UTILITY COMPANIES SERVING LOW-INCOME HOUSEHOLDS. (a) Conditions for Contributions.--Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A) by striking ``and'' at the end; (B) in subparagraph (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) subject to paragraph (4), to an owner or operator of a private or investor-owned electric utility company serving low-income households for the repair, restoration, reconstruction, or replacement of facilities of the owner or operator damaged or destroyed by a major disaster and for associated expenses incurred by the owner or operator.''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Conditions for assistance to private or investor- owned electric utility companies serving low-income households.-- ``(A) In general.--The President may make contributions to the owner or operator of a private or investor-owned electric utility company serving low- income households under paragraph (1)(C) only if-- ``(i) the costs of repairing, restoring, reconstructing, or replacing its facilities damaged or destroyed by the major disaster; exceed ``(ii) the amount that is-- ``(I) 10 percent of the facilities' total transmission and distribution rate base; less ``(II)(aa) in the case of a single major disaster, accumulated depreciation on the date of the disaster; or ``(bb) in the case of an aggregation under subparagraph (B), accumulated depreciation on the date of the first major disaster included in such aggregation. ``(B) Aggregation for purposes of determining costs.--For purposes of determining under this paragraph the costs of repairing, restoring, or replacing the facilities of an owner or operator, the costs of damage from all previous major disasters during the 12-month period preceding the date of the declaration of the major disaster for which the owner or operator is seeking contributions under paragraph (1)(C) shall be aggregated. ``(C) Application deadline.--An owner or operator may apply for contributions under paragraph (1)(C)-- ``(i) in the case of a single major disaster, not later than 60 months after the date of the declaration of the disaster; or ``(ii) in the case of an aggregation under subparagraph (B), not later than 60 months after the date of the most recent major disaster for which the owner or operator is seeking contributions. ``(D) Available funding.--Subject to subparagraph (E), an owner or operator may apply for contributions under paragraph (1)(C) in the amount determined by multiplying-- ``(i) the amount by which the costs described in subparagraph (A)(i) attributable to the owner or operator exceed the amount described in subparagraph (A)(ii) attributable to the owner or operator; by ``(ii) the percent of retail residential customers comprised of low-income households served by the facilities of the owner or operator. ``(E) Limit on federal assistance for disaster relief.-- ``(i) In general.--The total amount of contributions made to an owner or operator under paragraph (1)(C) may not exceed $50,000,000 in any 12-month period. ``(ii) Presidential waiver.--For any major disaster occurring after the date of enactment of this clause, the President may waive the limit established by clause (i) if the President determines that the event is of an extraordinary nature; except that in no case may the total amount of contributions made to an owner or operator under paragraph (1)(C) exceed 100 percent of the cost of repair, restoration, reconstruction, or replacement of the damaged facilities of the owner or operator. ``(F) Approval or disapproval of applications.--The President shall approve or disapprove an application for contributions submitted by an owner or operator for contributions under paragraph (1)(C) not later than 30 days after the date of receipt of the application.''. (b) Federal Share.--Section 406(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned electric utility company serving low-income households''. (c) Large In-Lieu Contributions.--Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended by adding at the end the following: ``(3) For private or investor-owned electric utility companies serving low-income households.-- ``(A) In general.--In any case in which the owner or operator of a private or investor-owned electric utility company serving low-income households determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the owner or operator may elect to receive, in lieu of a contribution under subsection (a)(1)(C), a contribution in an amount equal to 75 percent of the available funding pursuant to subsection (a)(4)(D) or (a)(4)(E). ``(B) Use of funds.--Funds contributed to an owner or operator under this paragraph may be used by the owner or operator to-- ``(i) repair, restore, or improve other private or investor-owned power facilities; ``(ii) construct a new private or investor- owned power facility; or ``(iii) fund hazard mitigation measures that the owner or operator determines to be necessary to meet a need for the services and functions of the owner or operator in the area affected by the major disaster.''. (d) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned electric utility company serving low- income households''. (e) Definitions.--Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following: ``(f) Definitions.--In this section, the following definitions apply: ``(1) Private or investor-owned electric utility company serving low-income households.--The term `private or investor- owned electric utility company serving low-income households' means a privately-owned or investor-owned electric utility company in which no less than 25 percent of its retail residential customers are low-income households. ``(2) Company.--The term `company' means a corporation, partnership, association, or joint stock company. ``(3) Electric utility company.--The term `electric utility company' means any company that owns, operates, or leases facilities used for transmission or distribution of electric energy for sale. ``(4) Low-income household.--The term `low-income household' means a household with a total annual household income that does not exceed the greater of-- ``(A) an amount equal to 150 percent of the poverty level of a State; or ``(B) an amount equal to 60 percent of the State median income. ``(5) Poverty level.--The term `poverty level' has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622). ``(6) State median income.--The term `State median income' has the meaning given the term in section 2603 of the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security in consultation with the Chairman of the Federal Energy Regulatory Commission shall promulgate regulations necessary to implement this Act and the amendments made by this Act. SEC. 4. APPLICABILITY. This Act and the amendments made by this Act shall apply to a major disaster occurring after the date of enactment of this Act.
Low-Income Rate Payer Disaster Recovery Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make contributions to the owner or operator of a private or investor-owned electric utility company serving low-income households for facilities damaged or destroyed by a major disaster only if the costs of repairing, restoring, reconstructing, or replacing such facilities exceed 10% of the facilities' total transmission and distribution rate base minus: (1) accumulated depreciation on the date of the disaster in the case of a single major disaster; or (2) accumulated depreciation on the date of the first major disaster in the case of an aggregation of major disasters during the preceding 12 months. Sets forth application deadlines. Prohibits the total amount of contributions made to an owner or operator from exceeding $50 million in any 12-month period. Authorizes the President, for any major disaster occurring after enactment of this Act, to waive the limit upon determining that the event is of an extraordinary nature. Requires the President to approve or disapprove applications within 30 days after receipt. Allows an owner or operator who determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing a facility to elect to receive, in lieu of the cost-based contribution, 75% of the funding that would have been available.
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SECTION 1. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment 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 that section or other provision of the Social Security Act. SEC. 2. HOME AND COMMUNITY CARE FOR THE FRAIL ELDERLY. (a) Definition of Functionally Disabled Elderly Individual.-- Section 1929(b)(1)(C) (42 U.S.C. 1396t(b)(1)(C)) is amended to read as follows: ``(C) subject to section 1902(f) (as applied consistent with section 1902(r)(2))-- ``(i) is receiving supplemental security income benefits under title XVI (or under a State plan approved under title XVI), or ``(ii) at the option of the State-- ``(I) is described in section 1902(a)(10)(C), or ``(II) has income (as determined under section 1612 for purposes of the supplementary security income program) that does not exceed three times the maximum amount of income that an individual may have and obtain benefits under such program.''. (b) Determinations of Functional Disability.--Section 1929(c)(1) (42 U.S.C. 1396t(c)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``3'' and inserting ``5'', and (B) by striking ``toileting, transferring, and eating; or'' and inserting ``bathing, dressing, toileting, transferring, and eating;'', (2) in subparagraph (B)-- (A) by striking ``of the following 5 activities of daily living: bathing, dressing, toileting, transferring, and eating'' and inserting ``of the 5 activities of daily living described in subparagraph (A)'', and (B) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following new subparagraphs: ``(C) needs substantial supervision due to cognitive or other mental impairment and needs substantial assistance or supervision from another individual with at least 1 of the 5 activities of daily living described in subparagraph (A) or in complying with a daily drug regimen; or ``(D) needs substantial supervision from another individual because such individual engages in inappropriate behaviors that pose serious health or safety hazards to such individual or others.''. (c) Survey and Certification for Certain Community Care Settings.-- (1) In general.--Section 1929(i) (42 U.S.C.1395t(i)) is amended-- (A) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Special rule for certain small community care settings.--For purposes of this paragraph, the terms `community care setting' and `setting' shall not include a small community care setting that is not a provider of home and community care.'', and (B) in paragraph (3), by adding at the end the following new subparagraph: ``(F) Special rule for certain small community care settings.--For purposes of this paragraph, the terms `community care setting' and `setting' shall not include a small community care setting that is not a provider of home and community care.''. (2) Additional responsibilities for case managers.--Section 1929(d)(2) (42 U.S.C. 1396t(d)(2)) is amended-- (A) by amending subparagraph (A) to read as follows: ``(A) has experience or has been trained-- ``(i) in establishing, and in periodically reviewing and revising, individual community care plans; ``(ii) in the provision of case management services to the elderly; and ``(iii) with respect to case managers for individuals residing in small community care settings that are not providers of home and community care, in reviewing the compliance of such settings with the requirements set forth in subsection (g)(2);'', and (B) in subparagraph (B)-- (i) by striking ``and (iii)'' and inserting ``(iii)'', and (ii) by striking ``occur;'' and inserting ``occur; and (iv) reviewing the compliance of small community care settings that are not providers of home and community care with the requirements set forth in subsection (g)(2) in coordination with Ombudsmen selected under the State Long-Term Care Ombudsman program (described in section 712 of the Older Americans Act of 1965) and reporting any noncompliance of such settings with such subsection to the State;''. (d) Limitation on Amount of Expenditures as Medical Assistance.-- Section 1929(m) (42 U.S.C. 1396t(m)) is amended-- (1) in paragraph (1), by striking ``The amount of funds'' and inserting ``Except as provided in paragraph (5), the amount of funds'', (2) in paragraph (2)-- (A) by striking ``Individual Community Care Plan'' and inserting ``individual community care plan'', and (B) by striking ``an election period is the period of 4 or more calendar quarters'' and inserting ``an election period is a Federal fiscal year'', (3) by amending paragraph (4) to read as follows: ``(4) Allocation of medical assistance.-- ``(A) In general.--All of the funds available to be expended under paragraph (1) during a fiscal year shall be available as Federal medical assistance to the States electing to provide services under this section during such fiscal year. ``(B) General allocation formula.--For each fiscal year, beginning with fiscal year 1994, a State which has provided a notice to the Secretary under paragraph (6)(A) shall be allocated an amount of the funds that may be expended under paragraph (1) for such fiscal year equal to the product of-- ``(i) the total amount of funds that may be expended under paragraph (1) for such fiscal year; and ``(ii) the amount determined by dividing-- ``(I) the number of individuals age 65 or older residing in such State during such fiscal year, by ``(II) the total number of individuals age 65 or older residing in all States which have submitted notices to the Secretary under such paragraph during such fiscal year. ``(C) Reallocation of funds.-- ``(i) Formula for reallocation.-- ``(I) General rule.--Except as provided in subclause (II), within 60 days after the end of each fiscal year, beginning with fiscal year 1993, the Secretary shall pay to each State which provided services under this section during such fiscal year an amount equal to the product of-- ``(aa) the total amount of funds that may be expended under paragraph (1) for such fiscal year which remain available at the end of such fiscal year; and ``(bb) the amount determined by dividing the unavailable Federal amount (as defined in clause (ii)) for such State by the total unavailable Federal amount for all the States which provided services under this section during such fiscal year. ``(II) Special rule.--The amount determined for payment to a State under subclause (I) shall not exceed the unavailable Federal amount for such State. ``(ii) Definition.--For purposes of this subparagraph, the term `unavailable Federal amount' means the excess of-- ``(I) the amount a State would have received in Federal medical assistance based on such State's expenditures for services provided under this section but for the allocation under subparagraph (B), over ``(II) the amount of Federal medical assistance allocated to such State under subparagraph (B).'', and (4) by adding at the end the following new paragraphs: ``(5) Carryover of funds to next fiscal year.--Beginning with fiscal year 1993, any funds available under the limitations set forth in paragraph (1) for a fiscal year which remain available at the end of such fiscal year shall be available to be expended in the following fiscal year. ``(6) Notice to states of amounts available for assistance.-- ``(A) In general.-- ``(i) Notice to secretary.--In order to receive Federal medical assistance for expenditures for home and community care under this section for any fiscal year (beginning with fiscal year 1994), a State shall submit not later than 3 months before the beginning of such fiscal year a notice to the Secretary of its intention to provide such care. ``(ii) Notice to states.--Not later than 2 months before the beginning of each fiscal year (beginning with fiscal year 1994), the Secretary shall notify each State that has submitted a notice to the Secretary under clause (i) for the fiscal year of the amount of Federal medical assistance that will be available to the State for such fiscal year (as established under paragraph (4)(B)).''. (e) Evaluations and Reports.--Section 1929 (42 U.S.C. 1396t) is amended by adding at the end the following new subsection: ``(n) Evaluations and Reports.--The Secretary shall evaluate the provision of home and community care by States under this section and shall submit to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the effectiveness of such care, including the cost effectiveness of providing such care, and any recommendations for appropriate legislative action.''. (f) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 3. AMENDMENTS RELATED TO COMMUNITY SUPPORTED LIVING ARRANGEMENTS SERVICES. (a) Developmentally Disabled Individual Defined.--Section 1930(b) (42 U.S.C. 1396u(b)), is amended-- (1) by striking ``guardian'' and inserting ``guardian or'', and (2) by striking ``3 other'' and inserting ``3''. (b) Carryover of Available Funds.--Section 1930(j) (42 U.S.C. 1396u(j)) is amended by adding at the end the following new sentence: ``Beginning with fiscal year 1993, any funds available under the limitations set forth in this subsection for a fiscal year which remain available at the end of such fiscal year shall be available to be expended in the following fiscal year.''. (c) Evaluations and Reports.--Section 1930 (42 U.S.C. 1396u) is amended by adding at the end the following new subsection: ``(k) Evaluations and Reports.--The Secretary shall evaluate the provision of community supported living arrangements services by States under this section and shall submit to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the effectiveness of such services, including the cost effectiveness of providing such services, and any recommendations for appropriate legislative action.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall be effective on the date of the enactment of this Act. (2) Special rule.--In the case of any State which, on the date of enactment of this Act, provides services under section 1930 of the Social Security Act to 4 individuals residing together for purposes of subsection (b) of such section, the amendment made by subsection (a)(2) shall be effective on October 1, 1994. SEC. 4. ALZHEIMER'S DISEASE DEMONSTRATION PROJECTS. (a) In General.--Section 9342 of the Omnibus Budget Reconciliation Act of 1986, as amended by section 4164(a)(2) of the Omnibus Budget Reconciliation Act of 1990, is amended-- (1) in subsection (c)(1), by striking ``4 years'' and inserting ``6 years'', (2) in subsection (d)(1), by striking ``fourth year'' and inserting ``sixth year'', and (3) in subsection (f)-- (A) by striking ``$55,000,000'' and inserting ``$70,000,000''; and (B) by striking ``$3,000,000'' and inserting ``$4,000,000''. (b) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act.
Amends title XIX (Medicaid) of the Social Security Act to allow the participation in home- and community-based care programs of functionally disabled elderly individuals with: (1) incomes of up to three times the maximum amount allowed under the Supplemental Security Income program, at the State's option; and (2) two of five (currently, two of three) impaired activities of daily living. Exempts small community care settings which are not providers of home- and community-based care from survey and certification requirements. Requires case managers who have been properly trained to review such small settings for compliance with applicable requirements. Revises program funding provisions to: (1) guarantee States with a certain amount of funding over one year's election period; and (2) allow remaining funds to be carried over to the next fiscal year. Requires: (1) a State to notify the Secretary of Health and Human Services of its intention to provide home- and community-based care in order to receive Federal funding for it; and (2) the Secretary to notify each State which has submitted such a notice of the Federal funding amount available to it for the fiscal year. Requires the Secretary to evaluate and report annually to specified congressional committees on the provision of home-and community-based care by States. Revises the definition of developmentally disabled individual with respect to eligibility for community supported living arrangements program services. Allows program funds remaining at the end of a fiscal year to be carried over to the next fiscal year. Requires the Secretary to evaluate and report annually to specified congressional committees on the provision of community supported living arrangement services by States. Amends the Omnibus Budget Reconciliation Act of 1986 to reauthorize Alzheimer's disease demonstration projects.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Fields and Farm Economies Act''. SEC. 2. AMENDMENTS TO THE SOIL AND WATER RESOURCES CONSERVATION ACT OF 1977. The Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.) is amended-- (1) in section 5(e), by striking ``and December 31, 2015'' and inserting ``December 31, 2015, and December 31, 2022''; (2) in section 6(d), by striking ``, respectively'' and inserting ``, and a program update shall be completed by December 31, 2023''; (3) in section 7-- (A) in subsection (a), by striking ``and 2016'' and inserting ``, 2016, and 2022''; and (B) in subsection (b), in the matter preceding paragraph (1), by striking ``and 2017'' and inserting ``, 2017, and 2023''; (4) in section 10, by striking ``2018'' and inserting ``2023''; (5) by redesignating sections 8 through 10 as sections 9 though 11, respectively; and (6) by inserting after section 7 the following: ``SEC. 8. CONSERVATION PROGRAMS ASSESSMENT. ``(a) In General.--In coordination with the appraisal of soil, water, and related resources and with the national soil and water conservation program established under this Act, the Secretary may carry out a conservation effects assessment project to quantify the environmental and economic effects of conservation practices, develop the science base for managing the agricultural landscape for environmental quality and sustainable productive capacity, and improve the efficacy of conservation practices and programs by evaluating conservation effects. ``(b) Scope.--The project under this subsection may be carried out at national, regional, and watershed scales, and may include cropland, grazing lands, wetlands, forests, and such other lands as the Secretary may determine appropriate. ``(c) Activities.--The project under this subsection may include research, literature reviews and bibliographies, modeling, assessment, monitoring and data collection, outreach, extension education, and such other activities as the Secretary may determine appropriate. ``SEC. 9. GOALS AND ASSESSMENT PROCESS FOR CONSERVATION PROGRAMS. ``(a) Natural Resource and Environmental Objectives and Outcomes.-- ``(1) In general.--In coordination with the appraisal of soil, water, and related resources, the soil and water conservation program, and the conservation effects assessment project established by this Act, the Secretary shall identify, and periodically revise, specific natural resource and environmental objectives and anticipated conservation outcomes and results, by resource concern, for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary. ``(2) Assessments.--To help measure outcomes and results, the Secretary shall, to the maximum extent practicable, make assessments of changes in the status and conditions of natural resources and the environment that result from the application of conservation activities supported directly by such conservation programs and initiatives. ``(3) Monitoring and program evaluation.--The Secretary shall establish a coordinated monitoring and evaluation process for programs and initiatives to assess progress toward the identified objectives, to gather information to improve program and initiative implementation in accordance with desired program and initiative outcomes and results, and to assess the need for modifications to program or initiative rules or statutes. ``(b) Monitoring and Program Evaluation.-- ``(1) In general.--The Secretary shall use not more than one percent of the total annual funding from the funds of the Commodity Credit Corporation made available for new annual enrollments for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985 to establish a comprehensive monitoring and program evaluation process to assess progress in reaching natural resource and environmental objectives identified in accordance with subsection (a) and the contribution of individual programs and initiatives, as well as the programs and initiatives collectively, to that progress. ``(2) Implementation.--In implementing the monitoring and program evaluation process under paragraph (1), the Secretary may consider and incorporate resource concern inventories, quality criteria, conservation practices and enhancements, and such other information as the Secretary determines relevant for applying the monitoring and program evaluation process across each of the major land uses identified by the Secretary. ``(3) Monitoring and evaluation process.-- ``(A) In general.--Not later than two years after the date of enactment of this section, the Secretary shall issue a design for the comprehensive monitoring and evaluation process, a schedule for implementing the process, and a plan for coordinating the process with the national soil and water conservation program and conservation effects assessment project established under this Act. ``(B) Methodology.--The design for the monitoring and evaluation process shall-- ``(i) include detailed information concerning the requisite frequency of the monitoring process at the field, water body, habitat, or other level and the manner in which the data will be aggregated at the landscape or watershed level, county or local level, State level, national level, and any other level the Secretary determines necessary; and ``(ii) take into account the cumulative nature of conservation over time, the interactions and sequencing effects between conservation activities, the differing times for conservation effects to be realized, and other related measurement challenges. ``(C) Public research.--Notwithstanding any other provision of law, in order to facilitate implementation of the monitoring and evaluation process, the Secretary shall make available conservation activity and program data to cooperators and researchers engaged in public research and evaluation activities to improve conservation outcomes under this subsection, provided that-- ``(i) adequate assurances are provided to the Secretary that any resulting research or information will be made publicly available and in a form that protects personally identifiable information; and ``(ii) the National Technical Committee finds that any such research is likely to generate information that furthers the purpose of this section. ``(4) Cooperative agreements.--The Secretary may implement the monitoring evaluation process in part through cooperative or contribution agreements with Federal, State, and local agencies, universities and colleges, nongovernmental organizations with requisite expertise, as determined by the Secretary in consultation with the National Technical Committee. ``(5) National technical committee.-- ``(A) Composition.--The monitoring and evaluation process shall be administered by the Natural Resources Conservation Service with assistance from a national technical committee appointed by the Secretary and composed of individuals with relevant technical and scientific expertise representing-- ``(i) the Agricultural Research Service of the Department of Agriculture; ``(ii) the Economic Research Service of the Department of Agriculture; ``(iii) the Farm Service Agency of the Department of Agriculture; ``(iv) the United States Fish and Wildlife Service; ``(v) the Forest Service; ``(vi) the National Institute for Food and Agriculture; ``(vii) the United States Geological Survey; ``(viii) the Environmental Protection Agency; ``(ix) State and tribal agencies; ``(x) land grant university natural resource research programs; ``(xi) nongovernmental organizations with expertise in the full array of conservation issues and measurement and evaluation of conservation outcomes; and ``(xii) such other agencies, institutions, or organizations as the Secretary may determine appropriate. ``(B) FACA exemption.--The national technical committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Transparency.--The Secretary shall ensure the proceedings and recommendations of the national technical committee are available to the public. ``(6) Voluntary participation.--In carrying out this subsection, the Secretary shall ensure that any on-farm monitoring activities that may be included as part of the monitoring and program evaluation process are voluntary on the part of the producer, and may include appropriate compensation, as determined by the Secretary. ``(c) Reporting.-- ``(1) Report on objectives and methods.--Beginning in the fiscal year that is 3 years after the date of enactment of this subsection, and periodically thereafter, as determined by the Secretary, the Secretary shall submit to Congress, and make publicly available, a report that includes-- ``(A) a description of conservation outcome objectives that are, to the maximum extent practicable, quantitative, measurable, and time-bound for each program established under subtitle D or H of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary; ``(B) a description of the approaches, tools, and methods used to measure or model the conservation outcomes and results and to estimate the cost- effectiveness of each such program; and ``(C) guidance to the conservation project partners working to implement conservation programs within a landscape-level project that provides a description of the approaches, tools, and methods the partners might consider using to measure and model the conservation outcomes and results of their projects. ``(2) Report on outcomes.--In conjunction with each of the reports to Congress pursuant to section 7, the Secretary shall submit to Congress, and make publicly available, a report that includes-- ``(A) an assessment of progress made towards achieving conservation program objectives and anticipated outcomes and results for each conservation program established under subtitle D or H of title XII of the Food Security Act of 1985, as well as for such programs collectively, and the landscape conservation initiatives developed by the Secretary; ``(B) an evaluation of the cost-effectiveness of each such conservation program and initiative; and ``(C) recommendations, in light of the assessment and evaluation, to improve program implementation and improve the scientific and economic tools (including any new or revised conservation practices, conservation enhancements, or conservation planning tools) used to achieve stated natural resource conservation and environmental objectives. ``(3) Coordination.--The Secretary may coordinate the reports required under paragraphs (1) and (2) with any reports developed as part of the conservation effects assessment project authorized by section 8, whenever such coordination is feasible and warranted, as determined by the Secretary.''.
Healthy Fields and Farm Economies Act This bill reauthorizes and modifies the Soil and Water Resources Conservation Act of 1977, which provides the Department of Agriculture (USDA) with strategic assessment and planning authority for the conservation, protection, and enhancement of soil, water, and related natural resources. The bill authorizes USDA to establish a conservation effects assessment project to: quantify the environmental and economic effects of conservation practices, develop the science base for managing the agricultural landscape for environmental quality and sustainable productive capacity, and improve the efficacy of conservation practices and programs by evaluating conservation effects. USDA must establish a goals and assessment process for conservation programs that includes: the identification of natural resource and environmental objectives, outcomes, and results for the programs; assessments of the resulting changes in the status and conditions of natural resource and the environment; and a monitoring and evaluation process for the programs and initiatives. In implementing the monitoring and evaluation process, USDA must use certain funds provided for conservation programs and establish a National Technical Committee. USDA may enter into cooperative agreements with government agencies, universities and colleges, and nongovernmental organizations to assist in implementing the monitoring and evaluation process. The bill also sets forth reporting requirements regarding the progress conservation programs have made in achieving the objectives and outcomes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coalitions for Access and Quality Improvement Act of 2007''. SEC. 2. PURPOSE. Is it the purpose of this Act to provide assistance to community health coalitions (as defined in section (c)(1)) that have a clearly defined local need to increase access to and improve the quality of health care services through activities that-- (1) develop or strengthen the coordination of services to allow all individuals, including uninsured and low-income individuals, to receive efficient and higher quality care and to gain entry into and receive services from a comprehensive system of medical, dental, pharmaceutical, and behavioral health care; (2) develop efficient and sustainable infrastructure for a healthcare delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all types of providers of care in the community; and (3) develop or strengthen activities related to providing coordinated care for individuals with chronic conditions. SEC. 3. COMMUNITY COALITIONS FOR ACCESS AND QUALITY IMPROVEMENT. (a) Grants To Strengthen the Effectiveness, Efficiency, and Coordination of Services.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to eligible entities assist in the development of integrated health care delivery systems to serve defined communities of individuals to-- (1) improve the efficiency of and coordination among the providers providing services through such systems; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance the services provided through such systems. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- (1) represent a balanced consortium-- (A) whose principal purpose is to assure the sustainable capacity for the provision of a broad range of coordinated services for all residents within a community defined in the entity's grant application as described in paragraph (2); and (B) that includes at least one of each of the following providers that serve the community (unless such provider does not exist within the community, declines or refuses to participate, or places unreasonable conditions on their participation)-- (i) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (ii) rural health clinics and rural health networks (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (iii) a hospital with a low-income utilization rate that is greater than 25 percent (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))), or a Critical Access Hospital (as defined in section 19(c)(2) of such Act (42 U.S.C. 1395i-4(c)(2))); (iv) a public health department; and (v) an interested public or private sector health care provider or an organization that has traditionally served the medically uninsured and low-income individuals; and (2) submit to the Secretary an application, at such time, in such manner, and containing such information and the Secretary may require, including-- (A) a clear description of the community to be served and access, quality, and efficiency outcomes to be achieved under the grant; (B) a description of the providers who will participate in the community coalition under the grant and each provider's contribution to the care of individuals in the community; (C) a description of the activities that the applicant and the community coalition propose to perform under the grant to further the objectives of this section; (D) evidence demonstrating that the applicant is an established coalition with an ability to build on the current system for serving the community by involving providers who have traditionally provided a significant volume of care for uninsured and low-income individuals for that community; (E) evidence demonstrating the coalition's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high quality, accessible services, including, as appropriate, primary, secondary, and tertiary services as well as pharmacy, substance abuse, behavioral health and oral health services, in a manner that assures continuity of care in the community; (F) evidence of community involvement, including the business community, in the development, implementation, and direction of the system of care that the coalition proposes to assure; (G) evidence demonstrating the coalition's ability to ensure that participating individuals are enrolled in health care coverage programs, both public and private, for which the individuals are eligible; (H) a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a manner to assure long-term sustainability of the system of care; (I) a plan for the evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program and the use of evaluation findings to improve system performance; (J) evidence demonstrating fiscal responsibility through the use of appropriate accounting procedures and management systems; (K) evidence demonstrating commitment to serve the community without regard to the ability of an individual or family to pay by arranging for or providing free or reduced charge care for the poor; and (L) such other information as the Secretary may require. (c) Limitations.--The term of an initial grant to an eligible entity under this section shall be 3 fiscal years. An entity may receive an extension for 2 additional years if-- (1) the eligible entity submits to the Secretary a request for a grant for such additional period; (2) the Secretary determines that current performance justifies the granting of such an extension; and (3) the Secretary determines that granting such extension is necessary to further the objectives described in subsection (a). (d) Priorities.--In awarding grants under this section, the Secretary-- (1) may provide priority to applicants that demonstrate the greatest extent of unmet need in the community to be served for a more coordinated system of care; and (2) shall provide priority to applicants that best promote the objectives of this section, taking into consideration the extent to which the applicant-- (A) identifies a community whose geographical area has a high or increasing percentage of individuals who are uninsured or low-income; (B) demonstrates that the applicant has included in its community coalition providers, support systems, and programs that have a tradition of serving individuals and families in the community who are uninsured or earn below 200 of the Federal poverty level; (C) demonstrates that the proposed coalition activities would expand the utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including pharmaceuticals, behavioral and mental health services, oral health services, or substance abuse services; (D) proposes approaches that would improve coordination between health care providers and appropriate social service providers; (E) demonstrates collaboration with State and local governments; (F) demonstrates that the applicant makes use of non-Federal contributions to the greatest extent possible; or (G) demonstrates the likelihood that the proposed activities will lead to sustainable integrated delivery systems as additional efforts of health systems development evolve. (e) Use of Funds.-- (1) Use by grantees.-- (A) In general.--Except as provided in paragraphs (2) and (3), a grantee shall use amounts provided under this section only for-- (i) direct expenses associated with achieving the greater integration of a health care delivery system so that the system either directly provides or ensures the provision of a broad range of culturally competent services, including, as appropriate, primary, secondary, and tertiary care as well as oral health, substance abuse, behavioral and mental health, and pharmaceutical services; and (ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. (B) Specific uses.--Upon compliance with subparagraph (A) a grantees may use amounts provided under this section for the following: (i) To provide increases in outreach activities and to close gaps in health care service, including referrals to specialty services and prescription drugs and conducting ongoing outreach to health disparity populations. (ii) To make improvements to care management and delivery of patient-centered care, including patient navigation services. (iii) To make improvements to coordinate transportation to health care facilities. (iv) The development of provider networks and other innovative models to engage physicians in voluntary efforts to serve the medically underserved within a community. (v) Recruitment, training, and compensation of necessary personnel. (vi) The acquisition of technology for the purpose of coordinating care and improving provider communication, including the implementation of shared information systems or shared clinical systems. (vii) The development of common processes such as mechanisms for determining eligibility for the programs provided through the system, common identification cards, sliding scale discounts, and the monitoring and tracking of outcomes. (viii) The development of specific prevention and disease management tools and processes. (ix) Language access services. (x) The facilitation of the involvement of community organizations to provide better access to high quality health care services to individuals at risk for, or who have, chronic diseases or cancer. (xi) Helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or chronic disease. (2) Direct patient care limitation.--Not to exceed 20 percent of the amounts received under a grant under this section may be used for providing direct patient care and services. (3) Reservation of funds for national program purposes.-- The Secretary may use not to exceed 7 percent of the amount appropriated to carry out this section each fiscal year to enter into contracts with an organization that has expertise in facilitating peer to peer technical assistance among grantees, to obtain assistance of experts and consultants, to hold meetings, to develop tools, to disseminate information, to demonstrate access, quality and efficiency outcomes for sustainability, and for evaluations. (f) Requirements.-- (1) Evaluation of effectiveness.--An entity that receive a grant under this section shall annually submit to the Secretary a report concerning-- (A) the progress made in meeting the goals and measurable objectives set forth in the grant application submitted by the entity under subsection (b); (B) the extent to which activities carried out by the entity under the grant have-- (i) improved the effectiveness, efficiency, and coordination of services for uninsured and low-income individuals in the community served by such entity, using commonly accepted outcome measures; (ii) resulted in the provision of better quality health care for individuals and families in the community served; and (iii) resulted in the provision of health care to such individuals at lower cost than would have been possible in the absence of the activities conducted by such entity; and (C) the findings of an independent financial audit conducted on all records that relate to the disposition of funds received under the grant. (2) Progress.--The Secretary may not renew a grant under this section unless the Secretary determines that the coalition has made reasonable and demonstrable progress in meeting the goals and objectives set forth in the grant application for the preceding fiscal year. (g) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the applicant and each of the participating providers agree that the grantee and each such provider will maintain its expenditures of non-Federal funds for such activities at a level that is not less then the level of such expenditures during the fiscal year immediately preceding the fiscal year for which the applicant is applying to receive such grant. (h) Technical Assistance.--The Secretary may, either directly or by grant or contract, provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to enable the entity to comply with the requirements of this section. The purposes of this section may be achieved by grant or contract with State and national not-for-profit organizations with expertise in building successful community coalitions. (i) Evaluation of Program.--Not later than September 30, 2012, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the extent to which projects funded under this section have been successful in improving the effectiveness, efficiency, and coordination of services in the communities served by such projects, including whether the projects resulted in the provision of better quality health care for such individuals, and whether such care was provided at lower costs than would have been provided in the absence of such projects. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 2008; (2) $100,000,000 for fiscal year 2009; (3) $125,000,000 for fiscal year 2010; (4) $150,000,000 for fiscal year 2011; and (5) $175,000,000 for fiscal year 2012.
Community Coalitions for Access and Quality Improvement Act of 2007 - Directs the Secretary of Health and Human Services to award grants to eligible entities to assist in developing integrated health care delivery systems to serve defined communities to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided. Requires eligible entities to represent a balanced consortium whose principal purpose is to assure sustained capacity for the provision of a broad range of coordinated services for all residents, including at least one of each of the following providers that serve the community (with exceptions): (1) a federally qualified health center; (2) rural health clinics and rural health networks; (3) a hospital with a low-income utilization rate greater than 25% or a critical access hospital; (4) a public health department; and (5) an interested public or private sector health care provider or organization that has traditionally served medically uninsured and low-income individuals. Authorizes the Secretary, in awarding grants, to provide priority to applicants that demonstrate the greatest unmet need for a more coordinated system of care. Requires a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. Requires entities to report annually to the Secretary. Conditions grant renewal on demonstrable progress in meeting goals.
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SECTION 1. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after June 30, 1998. SEC. 2. MODIFICATIONS OF CREDIT FOR QUALIFIED RESEARCH EXPENSES. (a) Fixed-Base Percentage.--Subparagraph (A) of section 41(c)(3) of the Internal Revenue Code of 1986 (defining fixed-base percentage) is amended to read as follows: ``(A) In general.--Except as otherwise provided in this paragraph, the fixed-base percentage is the percentage which the aggregate qualified research expenses of the taxpayer for taxable years beginning in the base period is of the aggregate gross receipts of the taxpayer for such taxable years. For purposes of the preceding sentence, the base period for any taxable year is any period of 4 consecutive taxable years elected by the taxpayer from the 10 immediately preceding taxable years.'' (b) Start-Up Companies.-- (1) Fixed-base percentage.-- (A) In general.--Clause (i) of section 41(c)(3)(B) of such Code (relating to start-up companies) is amended to read as follows: ``(i) Taxpayers to which subparagraph applies.--The fixed-base percentage shall be determined under this subparagraph if the taxpayer did not have both gross receipts and qualified research expenses in each of the 10 taxable years described in subparagraph (A).'' (B) Maximum percentage not to apply.--Section 41(c)(3)(C) of such Code (relating to maximum fixed- base percentage) is amended by adding at the end the following: ``This subparagraph shall not apply to a taxpayer to which subparagraph (B) applies.'' (C) Conforming amendments.--Section 41(c)(3)(B)(ii) of such Code is amended-- (i) by striking ``1st 5 taxable years beginning after December 31, 1993'' and inserting ``1st 5 taxable years in the 10-year period described in subparagraph (A)'', and (ii) by inserting ``and'' at the end of subclause (V), by striking ``, and'' at the end of subclause (VI), and by striking subclause (VII). (2) Repeal of minimum base amount for start-up companies.--Section 41(c)(2) of the Internal Revenue Code of 1986 (relating to minimum base amount) is amended by adding at the end the following: ``This paragraph shall not apply to a taxpayer to which paragraph (3)(B) applies.'' (c) Repeal of Limitation on Contract Research Expenses.--Section 41(b)(3) of the Internal Revenue Code of 1986 (defining contract research expenses) is amended-- (1) by striking ``65 percent of'' in subparagraph (A), and (2) by striking subparagraph (C). (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Transition rule.--In the case of a taxpayer's 1st 5 taxable years beginning after December 31, 1998, the taxpayer may elect to have section 41 of the Internal Revenue Code of 1986 applied without regard to the amendments made by subsections (a) and (b). SEC. 3. MODIFICATIONS OF BASIC RESEARCH CREDIT. (a) Expansion of Credit to Research Done With National Laboratories and Federal Research Centers.--Section 41(e)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) National laboratories and research centers.-- Any organization which is-- ``(i) a national laboratory specified by the Secretary of Energy as being under contract with the Department of Energy, or ``(ii) a federally funded research and development center (within the meaning of section 2367 of title 10, United States Code).'' (b) Basic Research.--Section 41(e)(7) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new subparagraph: ``(F) Specific commercial objective.--For purposes of subparagraph (A), research shall not be treated as having a specific commercial objective if-- ``(i) all results of such research are to be published in such a manner as to be available to the general public prior to their use for a commercial purpose, or ``(ii) such research is done for a consortium of domestic corporations which represent substantially all of the domestic corporations conducting business within the sector to which the research relates.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.
Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Modifies the fixed-base percentage used in determining such credit. Makes the credit available to additional laboratories and centers. Revises the definition of basic research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Substance Abuse Prevention Act''. SEC. 2. DRUG SCREENING AND TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Plan Requirement of Drug Testing Program.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification that the state will operate an illegal drug use screening and testing program.-- ``(A) In general.--A certification by the chief executive officer of the State that the State will operate a program in accordance with section 408(a)(13) to screen all applicants for assistance under the State program funded under this part, and all individuals described in subparagraph (C) of such section, for the use of illegal drugs (as defined in subparagraph (E) of such section), and to test all such applicants and individuals who are found as a result of the screening to have a high risk of substance abuse. ``(B) Authority for continued testing.--The program described in subparagraph (A) may include a plan to continue screening or testing individuals receiving assistance under the State program funded under this part for illegal drug use at random or set intervals after the initial screening or testing of the individuals, at the discretion of the State agency administering such State program.''. (b) Requirement That Applicants and Individuals Receiving Assistance Be Screened, and if Necessary Tested, for Illegal Drug Use.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(13) Requirement for drug screening and testing; denial of assistance for individuals not screened, or if necessary, tested for the use of illegal drugs.-- ``(A) In general.--A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to any individual who has not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substance abuse, has not been tested for the use of illegal drugs, under the program required under section 402(a)(8). ``(B) Screening method.--The method by which substance abuse screening is to be conducted under this paragraph is by means of a survey that has been shown to be effective in identifying likely substance abuse and that is administered by an interview or a self- administered test designed to determine whether an individual should be further evaluated for substance abuse. ``(C) Transition rule.--In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for assistance is approved before such date if the assistance has not begun as of such date, a State may not provide assistance to the individual unless the individual is screened for illegal drug use in accordance with this paragraph after the 3rd month that begins after such date and, if found as a result of the screening to have a high risk of substance abuse, is tested for the use of illegal drugs, under the program so described. ``(D) Limitation on waiver authority.--The Secretary may not waive the provisions of this paragraph under section 1115. ``(E) Illegal drug defined.--In this paragraph, the term `illegal drug' means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(F) Preservation of assistance for other family members.--If an individual is denied assistance under this paragraph, the State shall continue to provide the assistance that would otherwise be provided in respect of the other members of the family of the individual, through protective or vendor payments to a 3rd party for the benefit of the other family members.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if state legislation required.--In the case of a State plan under section 402(a) 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 section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st 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 such session shall be deemed to be a separate regular session of the State legislature.
TANF Substance Abuse Prevention Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to screen and test all TANF applicants and recipients of assistance for illegal drug use. Requires state TANF programs to deny assistance to individuals who have not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substantive abuse, have not been tested for the use of illegal drugs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Rate Review Act''. SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINATORY RATES. (a) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.--The first section 2794 of the Public Health Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new subsection: ``(e) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.-- ``(1) Authority of states.--Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. ``(2) Consultation in rate review process.--In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. ``(3) Determination of who conducts reviews for each state.--The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: ``(A) In which markets in each State the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4), based on the Secretary's determination that the State regulator is adequately undertaking and utilizing such actions in that market. ``(B) In which markets in each State the Secretary shall undertake the corrective actions under paragraph (4), in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary's determination that the State is not adequately undertaking and utilizing such actions in that market. ``(4) Corrective action for excessive, unjustified, or unfairly discriminatory rates.--In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, through mechanisms such as-- ``(A) denying rates; ``(B) modifying rates; or ``(C) requiring rebates to consumers. ``(5) Noncompliance.--Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties under section 2723 and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a qualified health plan.''. (b) Clarification of Regulatory Authority.--Such section is further amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) in paragraph (1), by striking ``unreasonable increases in premiums'' and inserting ``potentially excessive, unjustified, or unfairly discriminatory rates, including premiums,''; and (C) in paragraph (2)-- (i) by striking ``an unreasonable premium increase'' and inserting ``a potentially excessive, unjustified, or unfairly discriminatory rate''; (ii) by striking ``the increase'' and inserting ``the rate''; and (iii) by striking ``such increases'' and inserting ``such rates''; and (2) in subsection (b)-- (A) by striking ``premium increases'' each place it appears and inserting ``rates''; and (B) in paragraph (2)(B), by striking ``premium'' and inserting ``rate''. (c) Conforming Amendments.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated by the Patient Protection and Affordable Care Act-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2), by inserting ``or section 2794'' after ``this part''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``or section 2794 that is'' after ``this part''; and (II) in subparagraph (C)(ii), by inserting ``or section 2794'' after ``this part''; and (2) in section 2761 (42 U.S.C. 300gg-61)-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) by inserting ``or section 2794'' after ``set forth in this part''; and (II) by inserting ``and section 2794'' after ``the requirements of this part''; and (B) in subsection (b)-- (i) by inserting ``and section 2794'' after ``this part''; and (ii) by inserting ``and section 2794'' after ``part A''. (d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), is amended by adding at the end the following: ``(v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage).''. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act, such sums as may be necessary. (f) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall be implemented with respect to health plans beginning not later than January 1, 2017.
Health Insurance Rate Review Act This bill amends the Public Health Service Act to declare that federal requirements that the Department of Health and Human Services (HHS) review unreasonable premium increases in health care coverage do not prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. The review is expanded to include all rate increases, not only premium increases. HHS or the relevant state insurance commissioner or state regulator must ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. HHS may apply civil monetary penalties to health insurance issuers that fail to comply with a corrective action taken by HHS and may make the plan involved ineligible for classification as a qualified health plan. HHS must determine whether HHS or the state insurance commissioner or regulator will undertake such corrective actions based on whether the state can adequately undertake the actions. This Act applies to health plans grandfathered under the Patient Protection and Affordable Care Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Year Community Service Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote community service among United States youth by connecting secondary school seniors to community service opportunities. SEC. 3. PROGRAM. The National and Community Service Act of 1990 is amended by inserting after section 198D (42 U.S.C. 12653d) the following: ``SEC. 198E. SENIOR YEAR COMMUNITY SERVICE PILOT PROGRAM. ``(a) Definition.--In this section: ``(1) Community service opportunity.--The term `community service opportunity', used with respect to a student, means a service opportunity in the student's community or school. ``(2) Graduation rate.--The term `graduation rate' means the percentage described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(ii)). ``(b) Senior Year Community Service Pilot Program.-- ``(1) In general.--The Corporation shall establish and carry out a national pilot program. In carrying out the program, the Corporation shall make grants on a competitive basis to local educational agencies, to enable the agencies to establish local programs to match secondary school seniors to community service opportunities. ``(2) Amount, number, and duration of grants.-- ``(A) Amount of grants.--In determining the amount of a grant to be made to a local educational agency under paragraph (1), the Corporation shall consider the number and percentage of secondary school seniors the local educational agency plans to match to community service opportunities under the local program involved. ``(B) Number and duration of grants.--The Corporation shall make not less than 6 grants under paragraph (1) and the grants shall be for periods of 2 years. ``(3) Application.--To be eligible to receive a grant under paragraph (1), a local educational agency shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The local educational agency shall demonstrate in the application that the local educational agency-- ``(A) is well-positioned to successfully implement a local program through the national pilot program; ``(B) demonstrates that appropriate leaders in the education, civic, and private sectors exhibit a strong commitment to community service; ``(C) is able to leverage additional funds to support the local program; ``(D) has a full commitment to match as many secondary school seniors as possible with service opportunities within the community or school involved; and ``(E) has worked with a local community-based organization to establish goals for the service that participating secondary school seniors will provide. ``(4) Use of funds.--A local educational agency that receives a grant under paragraph (1) shall use the grant funds to-- ``(A) establish a partnership with the local community-based organization described in paragraph (3)(E) to carry out the local program; ``(B) provide meaningful community service opportunities for students in their senior year, for terms of service described in section 139(b)(1); ``(C) supply a service coordinator to assist secondary schools participating in the local program; and ``(D) provide information to students in their junior year of secondary school regarding the community service opportunities available under the local program. ``(5) Responsibilities of the corporation.--The Corporation shall support the local educational agencies participating in the national pilot program, by-- ``(A) providing a downloadable template for the local educational agencies to use when providing information to students in their junior year as described in paragraph (4)(D); ``(B) offering assistance to the local educational agencies in finding community service opportunities for all participating seniors; ``(C) offering assistance to the local educational agencies regarding completing the paperwork necessary for participating seniors to be eligible for national service educational awards under subtitle D; and ``(D) providing any technical assistance the Corporation determines to be necessary. ``(6) Eligibility for national service educational award.-- A participant under this section shall be eligible for the national service educational award described in subtitle D if the participant meets the requirements of sections 139(b)(1) and 146(b). ``(7) Evaluation.-- ``(A) In general.--The Corporation shall award a contract to an independent agency with expertise in evaluating trends in student achievement to study the effects of the national pilot program on the achievement of participating students. ``(B) Measurement.--The evaluation described in subparagraph (A)-- ``(i) shall compare-- ``(I) secondary school seniors who are participating in the program; to ``(II) similar secondary school seniors who are not participating in the program; ``(ii) shall include measurements of-- ``(I) academic achievement on the student academic assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)); ``(II) graduation rates; ``(III) student attendance rates; ``(IV) student rates of enrollment, persistence, and attainment in institutions of higher education; and ``(V) success with respect to any other academic factor the Corporation determines is necessary; and ``(iii) shall measure whether the goals established by the local educational agency under paragraph (3)(E) were met. ``(8) Building on the senior year community service pilot program.--If the evaluation under paragraph (7) demonstrates that the national pilot program was effective in improving student achievement, as measured by the indicators described in paragraph (7)(B)(ii), the Corporation, in collaboration with the agency described in paragraph (7)(A), shall develop a plan to include in the program as many secondary school seniors as possible.''. SEC. 4. EDUCATIONAL AWARDS. (a) National Service Position Eligible for National Service Educational Award.--Section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting before paragraph (8) the following: ``(7) A position involving service as a participant under section 198E.''. (b) Reservation of Approved Positions.--Section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581) is amended-- (1) in subsection (b)-- (A) by striking ``The Corporation'' and inserting the following: ``(1) VISTA volunteers and civilian community corps participants.--The Corporation''; and (B) by adding at the end the following: ``(2) Senior year community service participants.--The Corporation shall ensure that each individual selected by a local educational agency during a fiscal year as a participant under section 198E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the funds appropriated under section 501(a)(2)(B)(ii).''; and (2) in subsection (f)-- (A) by inserting before ``The Corporation'' the following: ``(1) In general.--''; and (B) by striking the second sentence and inserting the following: ``(2) Adjustments.--The Corporation is authorized to make necessary and reasonable adjustments to the program rules-- ``(A) relating to participants described in subsection (b)(2), if appropriations under section 501(a)(2)(B)(ii) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those participants who are eligible for such an award; and ``(B) relating to participants (other than those referred to in subparagraph (A)), if appropriations under section 501(a)(2)(A) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those participants who are eligible for such an award.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 501(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(2)) is amended-- (1) in subparagraphs (A) and (B), by inserting ``(other than assistance described in subparagraph (B)(i))'' after ``H of title I''; (2) in subparagraph (A), by inserting ``(other than awards described in subparagraph (B)(ii))'' after ``subtitle D of title I''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) Senior year community service pilot program.-- ``(i) Financial assistance.--There are authorized to be appropriated to provide financial assistance under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2011. ``(ii) National service positions for senior year community service participants.-- There are authorized to be appropriated to provide national service educational awards under subtitle D of title I for participants under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2011.''.
Senior Year Community Service Act - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to implement a national pilot program awarding six competitive grants to local educational agencies to establish local programs matching secondary school seniors to community service opportunities for which such students receive national service educational awards. Directs the Corporation to contract with an independent agency to study the effects of the national pilot program on the achievement of participating students. Requires the Corporation to plan an expansion of such program if it is shown to be effective in improving student achievement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Intervention Act of 1994''. TITLE I--NATIONAL CRIMINAL RECORDS DATABASE SEC. 101. FINDINGS. The Congress finds that-- (1) nationwide-- (A) many State criminal record systems are not up to date and contain incomplete or incorrect information; and (B) less than 20 percent of all criminal records are fully computerized, include court dispositions, and are accessible through the Interstate Identification Index of the Department of Justice; and (2) a complete and accurate nationwide criminal record database is an essential element in fighting crime and development of such a database and is a national urgent priority. SEC. 102. STATE CRIMINAL RECORD UPGRADES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidelines establishing specific requirements for a State to qualify as a fully participating member of the Interstate Identification Index. (b) Minimum Requirements.--The guidelines referred to in subsection (a) shall require-- (1) that all arrest reports and final disposition orders are submitted to the State records repository within 21 days; (2) the State repository to enter these records and orders into the State database not more than 14 days after the repository receives the information; (3) the State to conduct audits, at least annually, of State criminal records to ensure that such records contain correct and complete information about every felony arrest and report the results of each audit to the Attorney General; (4) the State to certify to the Attorney General, on January 1 of each year, that the law enforcement agencies, courts, and records officials of the State are in compliance with this section; and (5) such other conditions as the Attorney General determines are necessary. (c) Fees.--A State that does not qualify as a fully participating State, pursuant to the guidelines referred to in subsection (a), within 2 years after the date on which the Attorney General issues such guidelines shall pay a user fee for each identification request made to the Interstate Identification Index in an amount equal to the average cost of a single Federal database inquiry, as determined by the Attorney General each year. SEC. 103. AUTHORIZATION. There are authorized to be appropriated $100,000,000 for fiscal years 1995 and 1996 to the Attorney General for grants to States to establish or improve their criminal record databases to qualify as a fully participating member of the Interstate Identification Index. TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS SEC. 201. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) violent criminals often serve only a small portion of their original sentences; (2) a significant proportion of the most serious violent crimes committed in the United States are committed by criminals who have been released early from a sentence for a previous violent crime; (3) violent criminals who are released early from prison often travel to other States to commit additional violent crimes; (4) the crime and threat of crime committed by violent criminals released early from prison affects tourism, economic development, use of the interstate highway system, federally owned or supported facilities, and other commercial activities of individuals; and (5) the policies of one State regarding the early release of criminals sentenced in that State for a violent crime often affects the citizens of other States, who can influence those policies only through Federal law. (b) Purpose.--The purpose of this title is to reduce violent crime by requiring States to bear the responsibility for the consequences of releasing violent criminals before they serve the full term for which they were sentenced. SEC. 202. CAUSE OF ACTION. (a) In General.--The victim (or in the case of a homicide, the family of the victim) of a violent crime shall have a Federal cause of action in any district court against a State if the individual committing the crime-- (1) previously had been convicted by the State of a violent offense; (2) was released from incarceration prior to serving his or her full sentence for such offense; and (3) committed the violent crime before the original sentence would have expired. (b) Exception.--A State shall not be liable under subsection (a) if the State requires a violent criminal to be incarcerated for the entire term of imprisonment to which the criminal is sentenced. (c) Definition.--As used in this title, the term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (d) Damages.--A State shall be liable to the victim in an action brought under this title for the actual damages resulting from the violent crime, but not for punitive damages.
TABLE OF CONTENTS: Title I: National Criminal Records Database Title II: Liability for Early Release of Violent Felons Violent Crime Intervention Act of 1994 - Title I: National Criminal Records Database - Directs the Attorney General to issue guidelines establishing specific requirements for a State to qualify as a fully participating member of the Interstate Identification Index of the Department of Justice. Specifies that such guidelines shall require that: (1) all arrest reports and final disposition orders be submitted to the State records repository within 21 days; (2) the State repository enter such records and orders into the State database within 14 days after receiving the information; (3) the State conduct and report to the Attorney General on annual audits to ensure that State criminal records contain correct and complete information about every felony arrest; and (4) the State certify to the Attorney General on January 1 of each year that the law enforcement agencies, courts, and records officials of the State are in compliance. Requires a State that does not qualify as a fully participating State pursuant to such guidelines to pay a user fee for each identification request made to the Index. Authorizes appropriations to the Attorney General for grants to States to establish or improve their criminal record databases to qualify as a fully participating member. Title II: Liability for Early Release of Violent Felons - Grants the victim (or in the case of a homicide, the family of the victim) of a violent crime a Federal cause of action in any district court against a State if the individual committing the crime previously had been convicted by the State of a violent offense, was released from incarceration prior to serving his or her full sentence, and committed the violent crime before the original sentence would have expired. Immunizes a State from such liability if the State requires a violent criminal to be incarcerated for the entire term of imprisonment to which the criminal is sentenced. Makes a State liable to the victim in an action brought under this title for the actual damages resulting from the violent crime, but not for punitive damages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida Wetlands Mitigation Banking Study Act of 1996''. SEC. 2. FINDINGS. Congress finds the following: (1) Mitigating the environmental impacts of necessary development actions on the Nation's wetlands and other aquatic resources is a central premise of Federal wetlands programs. While mitigation is required to prevent loss of the Nation's wetland resources, mitigation should be undertaken in a manner that is flexible, efficient, reliable, and effective. (2) Mitigation banking is wetland resource restoration, enhancement, creation, and in exceptional circumstances preservation, undertaken to provide mitigation ``credits'' to offset unavoidable wetland losses. (3) Mitigation banks often provide greater flexibility, efficiency, reliability, and effectiveness in meeting mitigation requirements than on-site mitigation can and often have significant environmental advantages over individual mitigation projects, such as-- (A) maintaining the integrity of a larger aquatic ecosystem by consolidating compensatory mitigation into a single large parcel; (B) bringing together financial resources, planning, and scientific expertise not practicable to bring to many project-specific compensatory mitigation proposals; (C) reducing permit processing times and providing more cost-effective compensatory mitigation opportunities for projects that qualify; (D) improving regulatory oversight by focusing regulatory agency resources more effectively; and (E) contributing toward attainment of the goal of no net loss of the Nation's wetlands by providing opportunities to compensate for authorized impacts when mitigation might not otherwise be appropriate or practicable. (4) The State of Florida has developed one of the most advanced regulatory frameworks in the Nation for authorizing the establishment and use of mitigation banks. Florida's statutes and regulations governing mitigation banks contain provisions for evaluating the suitability of mitigation banks, determining the number of mitigation ``credits'' to be awarded a mitigation bank, and ensuring the success and perpetual protection and management of mitigation banks. As a result, a number of mitigation banks have been successfully established and used in Florida. (5) In determining whether Federal legislation or further administrative action is necessary to encourage the establishment of mitigation banks, to allow for the use of mitigation banks to meet the requirements of applicable Federal statutes and regulations, and to ensure the proper location, success, and perpetual protection and management of mitigation banks, a study of the authorization and use of mitigation banks in Florida is necessary and useful. SEC. 3. MITIGATION BANKING STUDY. (a) In General.--The Secretary of the Army shall conduct a study of mitigation banking in the State of Florida for the purpose of evaluating the potential and problems of mitigation banking. By July 1, 1997, the Secretary shall submit a written report on the results of the study to the President, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Consultation.--In conducting this mitigation banking study and preparing the report under this section, the Secretary shall consult with the following: (1) The Environmental Protection Agency. (2) The Natural Resources Conservation Service of the Department of Agriculture. (3) The Fish and Wildlife Service of the Department of the Interior. (4) The National Marine Fisheries Service of the Department of Commerce. (5) The Florida Department of Environmental Protection. (6) The Northwest Florida Water Management District. (7) The Suwannee River Water Management District. (8) The St. Johns River Water Management District. (9) The Southwest Florida Water Management District. (10) The South Florida Water Management District. (c) Matters To Be Addressed.--The Secretary's mitigation bank study and report under this section shall address all subjects relating to the effective and responsible establishment, use, and perpetual protection and management of mitigation banks and shall specifically address the following issues: (1) Whether Federal legislation is necessary to encourage the responsible establishment, use, and perpetual protection and management of mitigation banks. (2) The manner in which mitigation banks should be authorized. (3) The legal restrictions which should be placed on lands within a mitigation bank to ensure the perpetual protection of that mitigation bank. (4) The financial responsibility that entities establishing a mitigation bank should provide to ensure the success and perpetual protection and management of that mitigation bank. (5) The manner in which wetland and upland areas within a mitigation bank should be evaluated in the award of mitigation ``credits'' to a mitigation bank. (6) The manner in which mitigation ``credits'' from a mitigation bank can be used as compensation for unavoidable impacts to wetlands and other aquatic resources. (7) The manner in which the service area of a mitigation bank should be established. (8) The relationship of mitigation banks to public acquisition or restoration programs designed to restore or enhance the environment. (9) The manner in which the siting of mitigations banks can be directed to assure compatibility with adjacent land uses and furtherance of local or regional goals for the restoration or protection of watersheds, floodplains, particular habitat types or functions, and water quality. (10) The procedure by which Federal and any State authorizations of the establishment and use of mitigation banks can be coordinated to reduce duplication and increase governmental efficiency. (d) Public Comment.--Prior to submitting the report, the Secretary shall provide notice and an opportunity for public comment on the report. The Secretary shall also solicit comments on the report from other States by submitting a copy of the report to the Interstate Counsel on Water Policy for comment.
Florida Wetlands Mitigation Banking Study Act of 1996 - Directs the Secretary of the Army to study and report to specified congressional committees and the President on the potential and problems of mitigation banking in Florida.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybercrime Enforcement Training Assistance Act of 2016''. SEC. 2. LOCAL LAW ENFORCEMENT GRANTS. (a) In General.--Subject to the availability of appropriations, the Attorney General shall award grants under this section to States and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals. (b) Application.-- (1) In general.--To request a grant under this section, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following: (A) A certification that Federal funds made available under this section will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. (B) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body). (C) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General-- (i) the application (or amendment) was made public; and (ii) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available. (D) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (E) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that-- (i) the programs to be funded by the grant meet all the requirements of this section; (ii) all the information contained in the application is correct; (iii) there has been appropriate coordination with affected agencies; and (iv) the applicant will comply with all provisions of this section and all other applicable Federal laws. (F) A certification that the State or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals. (G) A certification that any equipment described in subsection (c)(7) purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals. (c) Use of Funds.--Grants awarded under this section may only be used for programs that provide-- (1) training for State or local law enforcement personnel relating to cybercrimes against individuals, including-- (A) training such personnel to identify and protect victims of cybercrimes against individuals; (B) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to identify and investigate cybercrimes against individuals; (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals; (E) training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and (F) the payment of overtime incurred as a result of such training; (2) training for State or local prosecutors, judges, and judicial personnel, relating to cybercrimes against individuals, including-- (A) training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals; (B) training such personnel to utilize laws that prohibit cybercrimes against individuals; (C) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; and (D) training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes; (3) training for State or local emergency dispatch personnel relating to cybercrimes against individuals, including-- (A) training such personnel to identify and protect victims of cybercrimes against individuals; (B) training such personnel to utilize Federal, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and (D) the payment of overtime incurred as a result of such training; (4) assistance to State or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments; (5) assistance to State or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals; (6) assistance to State or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals; (7) assistance to State or local law enforcement and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment; (8) assistance in the facilitation and promotion of sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or (9) assistance to State and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another. (d) Report to the Secretary.--On the date that is one year after the date on which a State or unit of local government receives a grant under this section, and annually thereafter, the chief executive of such State or unit of local government shall submit to the Attorney General a report which contains-- (1) a summary of the activities carried out during the previous year with any grant received by such State or unit of local government; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (e) Report to Congress.--Not later than November 1 of each even- numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (d). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2017 through 2021. (2) Limitation.--Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses. (g) Definitions.--In this section: (1) The term ``cybercrimes against individuals'' means the criminal offenses applicable in the relevant State or unit of local government that involve the use of a computer to cause personal harm to an individual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual, except that-- (A) use of a computer need not be an element of such an offense; and (B) such term does not include the use of a computer to cause harm to a commercial entity, government agency, or any non-natural persons. (2) The term ``computer'' includes a computer network and an interactive electronic device. SEC. 3. NATIONAL RESOURCE CENTER GRANT. (a) In General.--Subject to the availability of appropriations, the Attorney General shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals to provide resource information, training, and technical assistance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, enforce, and prosecute cybercrimes against individuals. (b) Application.--To request a grant under this section, an eligible entity shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for fiscal year 2017 in such form as the Attorney General may require. Such application shall include the following: (1) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (2) A certification, made in a form acceptable to the Attorney General, that-- (A) the programs funded by the grant meet all the requirements of this section; (B) all the information contained in the application is correct; and (C) the applicant will comply with all provisions of this section and all other applicable Federal laws. (c) Use of Funds.--The eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals, which shall-- (1) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties, related to cybercrimes against individuals, including programs and research related to victims; (2) maintain a resource library which shall collect, prepare, analyze, and disseminate information and statistics related to-- (A) the incidence of cybercrimes against individuals; (B) the enforcement, and prosecution of laws relating to cybercrimes against individuals; and (C) the provision of supportive services and resources for victims of cybercrimes against individuals; and (3) conduct research related to-- (A) the causes of cybercrimes against individuals; (B) the effect of cybercrimes against individuals on victims of such crimes; and (C) model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individuals. (d) Duration of Grant.-- (1) In general.--The grant awarded under this section shall be awarded for a period of 5 years. (2) Renewal.--A grant under this section may be renewed for additional 5-year periods if the Attorney General determines that the funds made available to the recipient were used in a manner described in subsection (c), and if the recipient resubmits an application described in subsection (b) in such form, and at such time as the Attorney General may reasonably require. (e) Subgrants.--The eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter expertise in order to establish and maintain the National Resource Center on Cybercrimes Against Individuals in accordance with subsection (c). (f) Report to the Secretary.--On the date that is one year after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report which contains-- (1) a summary of the activities carried out under the grant program during the previous year; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (g) Report to Congress.--Not later than November 1 of each even- numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (d). (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2017 through 2021. (i) Definitions.--In this section: (1) Cybercrimes against individuals.--The term ``cybercrimes against individuals'' has the meaning given such term in section 2(g). (2) Eligible entity.--The term ``eligible entity'' means a nonprofit private organization that focuses on cybercrimes against individuals and that-- (A) provides documentation to the Attorney General demonstrating experience working directly on issues of cybercrimes against individuals; and (B) includes on the entity's advisory board representatives who have a documented history of working directly on issues of cybercrimes against individuals and who are geographically and culturally diverse.
Cybercrime Enforcement Training Assistance Act of 2016 This bill directs the Department of Justice (DOJ) to award grants to state and local governments to prevent, enforce, and prosecute cybercrimes against individuals. A cybercrime against an individual is a criminal offense that involves use of a computer, including a computer network or interactive electronic device, to harm an individual. DOJ must also award a grant to a nonprofit private cybercrime organization to establish and maintain the National Resource Center on Cybercrimes Against Individuals. It must provide technical assistance and training resources, maintain a resource library, and conduct research to improve the capacity of governments, communities, and individuals to prevent, enforce, and prosecute cybercrimes against individuals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Progress Assessment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Timely and reliable data on the situation of women in the United States and around the world is critical to the effective implementation of the Platform for Action agreed upon at the International Conference on Population and Development and in evaluating the cost effectiveness of United States domestic and foreign assistance programs. (2) Statistics on women exist in every country, including the United States, but are not generally published or analyzed in a form accessible to those, including laypersons, concerned with gender issues. (3) Many of the statistical indicators currently used fail to provide a complete picture of women's health and their roles within the family, the economy, and political and social spheres. (4) Many topics relevant to gender issues in society have not been adequately measured, such as access to resources, time-use, extent of family responsibilities, and the quality and effectiveness of programs and policies designed to meet women's needs. Efforts to develop appropriate approaches to data collection and to refine old approaches to data collection are required. (5) Comparable measurements and standard methodologies for collection and analysis of gender statistics must be integrated into the ongoing programs of the United States Census Bureau's national and international statistical services, and the statistical services funded by United States Agency for International Development, so that they can provide an unbiased basis for the design, implementation and monitoring of programs, policies, and legislation. SEC. 3. SURVEY OF STATUS OF WOMEN. (a) Periodic Surveys Required.--Title 13, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 11--COLLECTION AND PUBLICATION OF INFORMATION ON THE STATUS OF WOMEN ``Sec. ``501. Collection and publication. ``502. Reports. ``503. Federal Forum on Women's Statistics. ``Sec. 501. Collection and publication ``(a) The Secretary shall collect, compile, and publish statistics concerning the status of women and girls of all ages in the United States, and compile and publish statistics concerning the status of women and girls of all ages in foreign countries and in refugee camps, including statistics in the following priority areas-- ``(1) participation in the labor force, and educational and political institutions; ``(2) the structure of, care of, and support for families; ``(3) fertility regulation behavior and health; and ``(4) such additional categories as the Secretary may determine. ``(b) To assist the Secretary in carrying out the provisions of this chapter in foreign countries and refugee camps, the Administrator of the United States Agency for International Development, acting through its regional bureaus as well as its offices of population and women in development, and the Secretary of State acting through the Bureau for Refugee Programs, shall collect the information described in this chapter in the form and manner which shall be agreed to between the Secretary, the Secretary of State, and the Administrator. ``(c) The Secretary, the Secretary of State, and the Administrator shall seek to develop and establish internationally comparable measures and standard methodologies for collection of information on women and their roles under this chapter in both a large scale quantitative manner and in-depth descriptive manner based on smaller samples, surveys, or case studies. The United States Agency for International Development, the State Department, and the Bureau of the Census shall incorporate these measures and methodologies into their current and future, data collection effort. The Bureau of the Census shall promote these measures and methodologies in their international programs. ``Sec. 502. Reports ``(a) The Secretary shall publish the statistics collected under section 501, together with information obtained from other departments, agencies, or establishments of the Federal Government-- ``(1) for the United States, in 1997 and every second year thereafter; and ``(2) for foreign countries, in 1999 and every fifth year thereafter. ``(b) Each report under subsection (a) (after the first such report) shall include historical comparisons and interpretive comparisons on the changes in the status of women since the preceding report. ``(c) Each report under this section shall be submitted to the Congress. ``Sec. 503. Federal Forum on Women's Statistics ``(a) To assist in carrying out the provisions in this chapter, the Secretary shall establish a Federal Forum on Women's Statistics. The Forum may include representatives from appropriate departments, agencies, and establishments of the Federal Government that collect, compile, analyze, or publish data on the status of women and girls, and those entities that receive Federal grants or contracts to collect, compile, analyze, or publish data on the status of women and girls. ``(b) The Forum shall meet semiannually to exchange information on current collection and survey initiatives and to avoid duplication of efforts, to identify gaps in data, and to carry out other activities as the Secretary shall designate.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following: ``11. Collection and publication of information on the 501''. status of women.
Women's Progress Assessment Act - Amends Federal census law to require the Secretary of Commerce (Secretary) to collect, compile, and publish statistics concerning the status of women and girls of all ages in the United States, in foreign countries, and in refugee camps, including statistics in the following priority areas: (1) participation in the labor force and educational and political institutions; (2) the structure of, care of, and support for families; and (3) fertility regulation behavior and health. Requires the Administrator of the United States Agency for International Development, acting through its regional bureaus as well as its offices of population and women in development, and the Secretary of State, acting through the Bureau for Refugee Programs, to collect the information concerning the foreign countries and refugee camps. Requires the Secretary, the Secretary of State, and the Administrator to seek to develop and establish internationally comparable measures and standard methodologies for collection of information on women and their roles in both a large scale quantitative manner and in-depth descriptive manner based on smaller samples, surveys, or case studies. Requires the U.S. Agency for International Development, the State Department, and the Bureau of the Census to incorporate these measures and methodologies into their current and future data collection effort. Requires the Bureau of the Census to promote these measures and methodologies in international programs. Requires the Secretary to publish the collected statistics, together with information obtained from other Federal entities: (1) for the United States, in 1997 and every second year thereafter; and (2) for foreign countries, in 1999 and every fifth year thereafter. Requires: (1) the Secretary to establish a Federal Forum on Women's Statistics; and (2) the Forum to meet semiannually to exchange information on current collection and survey initiatives and to avoid duplication of efforts, to identify gaps in data, and to carry out other activities as the Secretary shall designate.
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SECTION 1. DUTY-FREE TREATMENT OF CERTAIN FOODSTUFFS ORIGINATING IN NAFTA COUNTRIES. (a) Amendments to U.S. Notes.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding after U.S. note 6 the following new note: ``7. Certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.--The following provisions apply only to subheading 9802.00.95: ``(a) Entry of any product described by subheading 9802.00.95: ``(i) shall not be subject to duty under the provisions of subchapter IV of chapter 99; and ``(ii) if a tariff-rate quota provision would have applied to such product but for subheading 9802.00.95, the quantity of the product entered under that subheading shall not be counted against the quantity specified as the in-quota quantity for any such product. ``(b) The term `product of Canada or Mexico' means a good: ``(i) that is determined to be a product of Canada or of Mexico under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act; or ``(ii) that is processed, packaged, or otherwise advanced in value or improved in condition in Canada or Mexico (or both) and that is determined to be a product of the United States under such rules of origin. ``(c) The term `product of the United States' means a good or material that is determined to be a product of the United States under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act. ``(d) The term `processed in Canada or Mexico (or both) using a good or material that was exported from the United States' includes, but is not limited to: ``(i) processing in Canada or Mexico using a good or material that previously was imported into the United States; and ``(ii) processing in Canada or Mexico using a good or material that was processed in a country or countries other than Canada or Mexico after exportation from the United States, if such processing did not effect a change in the country of origin of the good as exported from the United States.''. (b) Duty-Free Treatment.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9802.00.95 Any good of Free (see U.S. note subheading 7 of this 2008.11, that is a subchapter) '' product of Canada . or Mexico and that was processed in Canada or Mexico (or both) using a good or material exported from the United States, if the following conditions are met: (1) the good as imported into the United States is an originating good satisfying the requirements of General Note 12 of the tariff schedule; and (2) any good or material of heading 1202 or 2008 that was used in the processing in Canada or in Mexico (or both) of the good imported into the United States was a product of the United States and was produced from quota peanuts as defined in section 358-1 of the Agriculture Adjustment Act of 1938 that are products of the United States..... (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment for certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Opportunities for Military Veterans Act''. SEC. 2. VALUE-ADDED AGRICULTURAL MARKET DEVELOPMENT PROGRAM GRANTS. Section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).''; and (2) in paragraph (7)(B), by striking ``2012'' and inserting ``2017''. SEC. 3. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS AND VETERAN FARMERS AND RANCHERS. (a) Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers.--Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended-- (1) in the section heading, by inserting ``and veteran farmers and ranchers'' after ``ranchers''; (2) in subsection (a)-- (A) in paragraph (2)(B)(i), by inserting ``and veteran farmers or ranchers'' after ``ranchers''; and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the heading, by striking ``Fiscal years 2009 through 2012'' and inserting ``Mandatory funding''; (II) in clause (i), by striking ``and'' at the end; (III) in clause (ii), by striking the period at the end and inserting ``; and''; and (IV) by adding at the end the following: ``(iii) $5,000,000 for each of fiscal years 2013 through 2017.''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2013 through 2017.''; (3) in subsection (b)(2), by inserting ``or veteran farmers and ranchers'' after ``socially disadvantaged farmers and ranchers''; and (4) in subsection (c)-- (A) in paragraph (1)(A), by inserting ``veteran farmers or ranchers and'' before ``members''; and (B) in paragraph (2)(A), by inserting ``veteran farmers or ranchers and'' before ``members''. (b) Definition of Veteran Farmer or Rancher.--Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended by adding at the end the following: ``(7) Veteran farmer or rancher.--The term `veteran farmer or rancher' means a farmer or rancher who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable.''. SEC. 4. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM UNDER FARM SECURITY AND RURAL INVESTMENT ACT OF 2002. Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended-- (1) in subsection (c)(8)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) beginning farmers and ranchers who are veterans (as defined in section 101 of title 38, United States Code).''; and (2) by redesignating subsection (h) as subsection (i); (3) by inserting after subsection (g) the following: ``(h) State Grants.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means-- ``(A) an agency of a State or political subdivision of a State; ``(B) a national, State, or regional organization of agricultural producers; and ``(C) any other entity determined appropriate by the Secretary. ``(2) Grants.--The Secretary shall use such sums as are necessary of funds made available to carry out this section for each fiscal year under subsection (i) to make grants to States, on a competitive basis, which States shall use the grants to make grants to eligible entities to establish and improve farm safety programs at the local level.''; and (4) in subsection (i) (as redesignated by paragraph (2))-- (A) in paragraph (1)-- (i) in the heading, by striking ``for fiscal years 2009 through 2012''; (ii) in subparagraph (A), by striking ``and'' at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(C) $17,000,000 for each of fiscal years 2013 through 2017, to remain available until expended.''; (B) in paragraph (2)-- (i) in the heading, by striking ``for fiscal years 2009 through 2012''; and (ii) by striking ``2012'' and inserting ``2017''; and (C) by striking paragraph (3). SEC. 5. MILITARY VETERANS AGRICULTURAL LIAISON. (a) In General.--Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 (7 U.S.C. 6918) the following: ``SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON. ``(a) Authorization.--The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison. ``(b) Duties.--The Military Veterans Agricultural Liaison shall-- ``(1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; ``(2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; ``(3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and ``(4) advocating on behalf of veterans in interactions with employees of the Department. ``(c) Contracts and Cooperative Agreements.--For purposes of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education, or nonprofit organizations for-- ``(1) the conduct of regional research on the profitability of small farms; ``(2) the development of educational materials; ``(3) the conduct of workshops, courses, and certified vocational training; ``(4) the conduct of mentoring activities; or ``(5) the provision of internship opportunities.''. (b) Conforming Amendments.--Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended-- (1) in paragraph (6)(C), by striking the ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219.''. SEC. 6. CONSERVATION RESERVE PROGRAM TRANSITION INCENTIVE PROGRAM. (a) In General.--Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A) by inserting ``, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))),'' before ``or socially disadvantaged farmer or rancher''; and (2) by adding at the end the following: ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for the period of fiscal years 2013 through 2017.''. SEC. 7. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. Section 1240B(d)(4)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(4)(A)) is amended in the matter preceding clause (i) by inserting ``, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))),'' before ``or a beginning farmer or rancher''. SEC. 8. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR CONSERVATION ACCESS. Section 1241(g) of the Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended-- (1) in paragraph (1), by striking ``2012'' and inserting ``2017''; and (2) by adding at the end the following: ``(4) Preference.--In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))) that qualifies under subparagraph (A) or (B) of paragraph (1).''. SEC. 9. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS. Section 1244(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3844(a)(2)) is amended by adding at the end the following: ``(E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).''.
Agricultural Opportunities for Military Veterans Act - Amends the Agricultural Risk Protection Act regarding the value-added agricultural product market development grants program to: (1) include farmers and ranchers who are veterans among priority recipients, and (2) authorize program appropriations through FY2017. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the outreach and assistance to socially disadvantaged farmers and ranchers program to: (1) include farmers and ranchers who are veterans, and (2) extend mandatory funding and authorization of appropriations through FY2017. Amends the Farm Security and Rural Investment Act of 2002 regarding the beginning farmer and rancher development program to: (1) provide set-asides for beginning farmers and ranchers who are veterans, and (2) extend mandatory funding and authorization of appropriations through FY2017. Amends the Department of Agriculture Reorganization Act of 1994 to direct the Secretary of Agriculture (USDA) to establish the position of Military Veterans Agricultural Liaison to: (1) provide returning veterans with information about beginning farmer training and agricultural vocational and rehabilitation programs; (2) provide veterans with information concerning the availability of, and eligibility requirements for, agricultural programs; and (3) advocate on behalf of veterans with USDA. Amends the Food Security Act of 1985 regarding the conservation reserve transition incentive program to: (1) include farmers and ranchers who are veterans, and (2) authorize appropriations through FY2017. Makes farmers and ranchers who are veterans eligible for increased payments under the environmental quality incentives program. Gives priority to beginning or socially disadvantaged farmers and ranchers who are veterans for assistance set-asides under the environmental quality incentives program and the conservation stewardship program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Money Account Claim Satisfaction Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) since the 19th century, the United States has held Indian funds and resources in trust for the benefit of Indians; (2) in 1996, a class action was brought against the United States seeking a historical accounting of balances of individual Indian money accounts; (3) after 8 years of litigation and the expenditure of hundreds of millions of dollars of Federal funds, it is clear that the court-ordered historical accounting will require significant additional resources and years to accomplish and will not result in significant benefits to the members of the class; and (4) resolving the litigation in a full, fair, and final manner will best serve the interests of the members of the class and the United States. (b) Purpose.--The purpose of this Act is to provide a voluntary alternative claims process to reach settlement of the class action litigation in Cobell v. Norton (No. 96cv01285, D.D.C.). SEC. 3. DEFINITIONS. In this Act: (1) Accounting.--The term ``accounting''-- (A) with respect to funds in an individual Indian money account that were deposited or invested on or after the date of enactment of the Act of June 24, 1938 as provided in the first section of that Act (25 U.S.C. 162a), means a demonstration, to the maximum extent practicable, of the monthly and annual balances of funds in the individual Indian money account; and (B) with respect to funds in an individual Indian money account that were deposited or invested between 1887 and the day before the date of enactment of the Act of June 24, 1938, means a demonstration of the probable balances of funds in an individual Indian money account that were deposited or invested. (2) Claim.-- (A) In general.--The term ``claim'' means a legal or equitable claim that has been brought or could be brought, asserting any duty claimed to be owed by the United States under any statute, common law, or any other source of law to an individual Indian money account holder that pertains in any way to the account holder's account, including the duty to-- (i) collect and deposit funds in the account; (ii) invest funds in the account; (iii) make disbursements from the account; (iv) make and maintain records of activity in the account; (v) provide an accounting; and (vi) value, compromise, resolve, or otherwise dispose of claims relating to the account. (B) Inclusion.--The term ``claim'' includes a claim for damages or other relief for failure to perform, or for improper performance of, any duty described in subparagraph (A). (3) Class action.--The term ``class action'' means the civil action Cobell v. Norton (No. 96cv01285, D.D.C.). (4) De minimis individual indian money account.--The term ``de minimis individual Indian money account'' means an individual Indian money account that contains less than $100. (5) Eligible individual.--The term ``eligible individual'' means-- (A) a living individual who is or has been an individual Indian money account holder, except any such individual whose account holds or held funds only from the distribution of a judgment fund or a per capita distribution; and (B) the estate of a deceased individual who-- (i) was living on the date of enactment of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (ii) held an individual Indian money account on that date or at any time subsequent to that date, except any such individual whose account holds or held funds only from the distribution of a judgment fund or a per capita distribution. (6) IMACS task force.--The term ``IMACS Task Force'' means the Indian Money Account Claim Satisfaction Task Force established by section 4. (7) Individual indian money account.--The term ``individual Indian money account'' means an account that contains funds held in trust by the United States, established and managed by the United States on behalf of an individual Indian. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Tribunal.--The term ``Tribunal'' means the Indian Money Claims Tribunal established by section 5. SEC. 4. INDIAN MONEY ACCOUNT CLAIM SATISFACTION TASK FORCE. (a) Establishment.--There is established the Indian Money Account Claim Satisfaction Task Force. (b) Membership.-- (1) In general.--The IMACS Task Force shall be comprised of not fewer than 9 members, appointed jointly by the majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives. (2) Qualifications.-- (A) Background.--Members of the IMACS Task Force shall be selected from private enterprise and academia and shall not be employees of the United States. (B) Expertise.--Of the members appointed to the IMACS Task Force-- (i) 2 shall have expertise in the field of forensic accounting; (ii) 2 shall have expertise in the field of Federal Indian law; (iii) 2 shall have expertise in the field of commercial trusts; (iv) 1 shall have expertise in the field of mineral resources; (v) 1 shall have expertise in the field of economic modeling and econometrics; and (vi) 1 shall have expertise in the field of complex civil litigation. (3) IMACS task force leader.--An IMACS Task Force Leader shall be chosen by majority vote of the members of the IMACS Task Force. (c) Compensation and Travel Expenses.--A member of the IMACS Task Force shall be entitled to-- (1) compensation, at a rate that does not exceed the daily equivalent of the annual rate of basic pay prescribed under level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day the member is engaged in the performance of duties the IMACS Task Force; and (2) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (d) Information and Support.--The Secretary of the Interior shall provide the IMACS Task Force-- (1) access to all records and other information in the possession of or available to the Secretary relating to individual Indian money accounts; and (2) such personnel, office space and other facilities, equipment, and other administrative support as the IMACS Task Force may reasonably request. (e) Confidential Information.--Section 10(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the IMACS Task Force. (f) Duties.-- (1) In general.--The IMACS Task Force shall-- (A) not later than 1 year after the date of enactment of this Act, complete an analysis of records, data, and other historical information with regard to the conduct of an historical accounting submitted by the parties in the class action to the district court in January 2003; and (B) not later than 60 days after completing the analysis under subparagraph (A), hold meetings with representatives of-- (i) the plaintiffs in that civil action; (ii) the Department of Justice and the Department of the Interior; and (iii) any other parties that, in the discretion of the IMACS Task Force, are necessary to allow the IMACS Task Force to carry out its duties under this Act. (2) Account balances.-- (A) Methodologies or models.--The IMACS Task Force shall develop 1 or more appropriate methodologies or models to conduct an accounting of the individual Indian money accounts. (B) Determination.--Using methodologies or models developed under subparagraph (A), the IMACS Task Force shall conduct an accounting to determine in current dollars the balances of-- (i) first, all individual Indian money accounts opened in or after 1985; (ii) second, all individual Indian money accounts opened on or after the date of enactment of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), and before 1985; and (iii) third, all individual Indian money accounts opened before the date of enactment of the first section of the Act of June 24, 1938 (25 U.S.C. 162a). (C) Notice of determination.--On making a determination of the balance in the individual Indian money account of an eligible individual, the IMACS Task Force shall provide notice of the determination to the eligible individual and the Secretary. (g) Acceptance or Nonacceptance by Eligible Individual.-- (1) Acceptance.--If an eligible individual accepts the determination by the IMACS Task Force of the balance in the individual Indian money account of the eligible individual-- (A) not later than 60 days after the date on which the eligible individual receives notice of the determination, the eligible individual shall submit to the Secretary a notice that the eligible individual accepts the determination of the balance; (B) not later than 30 days after the Secretary receives the notice of acceptance under subparagraph (A), the Secretary shall make any adjustment in the records of the Secretary to reflect the determination; (C) based on the adjustment made pursuant to paragraph (B), the Secretary shall make full payment to the eligible individual of the balance in the individual Indian money account of the eligible individual in satisfaction of any claim that the individual may have; (D) the eligible individual shall provide the Secretary an accord and satisfaction of all claims of the eligible individual, which shall be binding on any heirs, transferees, or assigns of the eligible individual; and (E) the eligible individual shall be dismissed from the class action. (2) Nonacceptance.--If an eligible individual does not accept the determination by the IMACS Task Force of the balance in the individual Indian money account of the eligible individual, the eligible individual may-- (A) have the amount of the balance determined through arbitration by the Tribunal; or (B) remain a member of the class in the class action. SEC. 5. INDIAN MONEY CLAIMS TRIBUNAL. (a) Establishment.--There is established the Indian Money Claims Tribunal. (b) Membership.--The Tribunal shall be comprised of 5 arbitrators drawn from the list of arbitrators maintained by the Attorney General. (c) Election to Arbitrate.--If an eligible individual elects to have the amount of the balance in the individual Indian money account determined through arbitration by the Tribunal-- (1) not later than 60 days after receiving the notice of determination under section 4(f)(2)(C), the eligible individual shall submit to the Tribunal, in such form as the Tribunal may require, all claims of the eligible individual, with an agreement to be bound by any determination made by the Tribunal; and (2) the United States shall be bound by any determination made by the Tribunal. (d) Representation.-- (1) In general.--An eligible individual may be represented by an attorney or other representative in proceedings before the Tribunal. (2) Attorney's fee.--No legal representative retained by an eligible individual for purposes of proceedings before the Tribunal may collect any fee, charge, or assessment that is greater than 25 percent of the amount of the balance in the individual Indian money account of the eligible individual determined by the Tribunal. (e) Timing.--To the extent practicable, the Tribunal shall-- (1) schedule any proceedings necessary to determine a claim to occur not later than 180 days after the date on which the eligible individual submits the claim; and (2) make a determination of the claim, and provide the eligible individual and the Secretary notice of the determination, not later than 30 days after the conclusion of the proceedings. (f) Action Following Determination.--Not later than 30 days after the Secretary receives the notice of determination under subsection (e)(2)-- (1) the Secretary shall make any adjustment in the records of the Secretary to reflect the determination; (2) based on the adjustment made pursuant to paragraph (1), the Secretary shall make full payment to the eligible individual of the balance in the individual Indian money account of the eligible individual in satisfaction of any claim that the eligible individual may have; (3) the individual Indian money account of the eligible individual shall be closed; (4) the eligible individual shall provide the Secretary an accord and satisfaction of all claims of the eligible individual, which shall be binding on any heirs, transferees, or assigns of the eligible individual; and (5) the eligible individual shall be dismissed from the class action. SEC. 6. JUDGMENT FUND AVAILABILITY. The funds for any payment made pursuant to section 4(g)(1)(C) or 5(f)(2) shall be derived from the permanent judgment appropriation under section 1304 of title 31, United States Code (commonly known as the ``Judgment Fund''), without further appropriation. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to carry out section 4, $10,000,000 for each of fiscal years 2004 and 2005; and (2) to carry out section 5, $10,000,000 for each of fiscal years 2006 and 2007.
Indian Money Account Claim Satisfaction Act of 2003 - Establishes the Indian Money Account Claim Satisfaction Task Force: (1) to complete an analysis of records, data, and other historical information with regard to the conduct of an historical accounting submitted by the parties in the class action to the district court in January 2003 (Cobell v. Norton (No. 96cv01285, D.D.C.)); and (2) after such completion to hold meetings with representatives of the plaintiffs in the civil action, the Departments of Justice and of the Interior and any other parties that, in the discretion of the Task Force, are necessary to carryout out its duties. Requires the Task Force to develop appropriate methodologies or models to conduct an accounting to determine in current dollars the balances of: (1) all individual Indian money accounts opened in or after 1985; (2) all individual Indian money accounts opened on or after the enactment of a certain Act of June 24, 1938, regarding deposit, care, and investment of Indian moneys, and before 1985; and (3) all individual Indian money accounts opened before such enactment. Establishes the Indian Money Claims Tribunal to serve as arbitrator if an eligible individual elects to have the amount of the balance in the individual Indian money account determined through arbitration. Binds the individual and the United States to any determination made by the Tribunal. Requires payments made pursuant to this Act to be derived from the permanent judgment appropriation (commonly known as the Judgment Fund), without further appropriations.
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FUNDING CORPORATION. (a) Obligations of the Federal Home Loan Banks.--Section 21B of the Federal Home Loan Bank Act (12 U.S.C. 1441b) is amended-- (1) in subsection (e)(3)(C)-- (A) in clause (i), by striking ``is less than $300,000,000 per year'' and inserting ``for any year is less than the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (B) in clause (ii), by striking ``is more than $300,000,000 per year'' and inserting ``for any year is more than the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (2) in subsection (f)(2)(C)-- (A) by striking ``the aggregate amount of $300,000,000'' and inserting ``the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (B) by striking ``as follows:'' and all that follows and inserting ``by requiring each such bank to pay an equal percentage of the net earnings of the bank for the year for which such payment is so required, up to a maximum of 20 percent of the net earnings of the bank.''; (b) Backup for Reduction in Payments Due to Paragraph (1) Amendments.--Section 21B(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)) is amended-- (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) Backup assessment authority for certain subparagraph (c) reductions.-- ``(i) In general.--To the extent the amounts available pursuant to subparagraphs (A), (B), and (C) are insufficient to cover the amount of interest payments for any year, the Federal Housing Finance Board shall impose an assessment on each assessable institution at a rate determined by such Board to be necessary for such Board to collect an amount equal to the amount of the deficiency. ``(ii) Maximum amount limitation.--The aggregate amount of assessments imposed under clause (i) for any year may not exceed the amount by which $300,000,000 exceeds 20 percent of the aggregate net earnings of the Federal home loan banks for such year. ``(iii) Applied to interest payments.--The amount received by the Federal Housing Finance Board from assessments imposed under this subparagraph shall be transferred to the Funding Corporation to make such interest payments. ``(iv) Procedures to ensure timely payments.--For purposes of carrying out this paragraph, the Federal Housing Finance Board shall establish such procedures for imposing and collecting any assessment under this subparagraph for any year as such Board determines are necessary to ensure that the payment under clause (iii) will be made no later than the date by which any payment by the Federal home loan banks under subparagraph (C) is due for such year. ``(v) Assessable institution defined.--For purposes of this subparagraph, the term `assessable institution' means-- ``(I) any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) which, at any time on or after January 1, 1993, has been a Savings Association Insurance Fund member (as defined in section 7(l)(5) of the Federal Deposit Insurance Act) and, at the same time, has been a member of any Federal home loan bank; and ``(II) any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) which acquires (as defined in section 13(f)(8)(B) of such Act), or which results from the merger or consolidation of any depository institution with, any depository institution described in subclause (I).''. (c) Technical and Conforming Amendments.--(1) Section 21B(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)) is amended-- (A) in subparagraph (E) (as so redesignated by subsection (b)(1) of this section), by striking ``(B), and (C)'' and inserting ``(B), (C), and (D)''; and (B) in subparagraph (F)(i) (as so redesignated by subsection (b)(1) of this section), by striking ``(C), and (D)'' and inserting ``(C), (D), and (E)''. (2) Section 6(b)(3) of the Federal Home Loan Bank Act (12 U.S.C. 1426(b)(3)) is amended by striking ``Except as provided in Subsection (i)'' and inserting ``Except as provided in subsection (e)''. (3) Section 6(b)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1426(b)(4)) is deleted and section 6(b)(5) is redesignated as Section 6(b)(4). SEC. 4. STUDY OF FEASIBILITY OF CREATING A CLASS OF AFFILIATE MEMBERSHIP OF THE FEDERAL HOME LOAN BANKS FOR MORTGAGE BANKERS AND STATE HOUSING AUTHORITIES; REPORT TO THE CONGRESS. (a) Study.--The Federal Housing Finance Board shall study the feasibility of creating a class of affiliate members of the Federal home loan banks for institutions that make long-term home mortgage loans, and the desirability of applying requirements to such members that differ from the requirements currently applicable to the members of the Federal home loan banks in the areas of-- (1) the ability to obtain loans from the Federal home loan banks, (2) the rate of interest to be charged on such loans, (3) the collateral required for such loans, (4) restrictions on use of such loans, and (5) the stock of the Federal home loan banks required to be purchased. (b) Report.--Not later than December 31, 1993, the Federal Housing Finance Board shall submit to the Congress a report that contains the findings of the study required by subsection (a). SEC. 5. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.
Federal Home Loan Bank Modernization Act of 1993 - Amends the Federal Home Loan Bank Act to permit the withdrawal of any member from membership in a Federal Home Loan Bank. (Currently Federal savings and loan associations are precluded from doing so.) Replaces the minimum share subscription formula for Federal Home Loan Bank membership with a requirement based upon a subscriber's total assets (currently, aggregate unpaid loan principal). Repeals: (1) the 30 percent lending cap limitation on advances to members that are non-qualified thrift lenders; (2) the proscription against the acquisition of new advances from a Federal Home Loan Bank by a savings association lacking qualified thrift lender status; and (3) the minimum residential mortgage loan requirement for qualified thrift lender membership in the Federal Home Loan Bank system. Reduces from ten years to five years the waiting period before which a withdrawn member may resume membership. Modifies the formula for annual contributions by Federal Home Loan Banks to capitalize the Resolution Funding Corporation. Authorizes the Federal Home Loan Bank Board to impose assessments to make up for any deficiency resulting from such modification. Directs the Federal Housing Finance Board to study and report to the Congress on: (1) the feasibility of creating a class of affiliate members of the Federal Home Loan Banks for institutions that make long term home mortgage loans; and (2) the desirability of applying requirements to such members that differ from those currently applicable in specified areas to Federal Home Loan Bank members.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Semiautomatic Assault Weapon Violence Prevention Act of 1993''. SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (28) by striking ```semiautomatic rifle' means any repeating rifle'' and inserting ```semiautomatic firearm' means a repeating firearm''; and (2) by adding at the end the following new paragraph: ``(29) The term `semiautomatic assault weapon'-- ``(A) means-- ``(i) any of the semiautomatic firearms known as-- ``(I) A.A. Arms AP-9; ``(II) Auto-Ordnance Thompson; ``(III) Barrett Light-Fifty; ``(IV) Beretta AR-70; ``(V) Bushmaster Auto Rifle; ``(VI) Calico M-900 and M-950; ``(VII) Cobray, Ingram and RPB MAC-10 and MAC-11; ``(VIII) Colt AR-15 and Sporter; ``(IX) Encom MP-9 and MP-45; ``(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(XI) Feather AT-9; ``(XII) Federal XP900 and XP450; ``(XIII) Franchi SPAS-12; ``(XIV) Intratec TEC-9 and TEC-22; ``(XV) Israeli Military Industries UZI and Galil; ``(XVI) Iver Johnson Enforcer 3000; ``(XVII) Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs; ``(XVIII) Steyr AUG; ``(XIX) USAS-12; ``(XX) A.A. Arms AR-9 Rifle; ``(XXI) Advanced Armaments M-15; ``(XXII) Auto-Ordnance Thompson models 27A1 & M-1; ``(XXIII) Barrett Light-Fifty model 82A1; ``(XXIV) Bushmaster Auto Rifle; ``(XXV) Calico M-900 and M-951 Carbines; ``(XXVI) Century MAS-223 Carbine; ``(XXVII) Claridge Hi-Tec Carbine; ``(XXVIII) Colt AR-15 Rifle; ``(XXIX) Colt CAR-15 Carbine; ``(XXX) Colt Sporter Rifle; ``(XXXI) Commando Arms Carbine; ``(XXXII) Demro TAC-1 Carbine; ``(XXXIII) Demro XF-7 Carbine; ``(XXXIV) D MAX Auto Carbine; ``(XXXV) E.A. Co. BH15-A1 and J-15; ``(XXXVI) Eagle Arms EA-15; ``(XXXVII) Federal XC-900/XC-450 Auto Carbine; ``(XXXVIII) Federal Ordnance FAMAS Carbine; ``(XXXIX) Federal Ordnance M-14SA Rifle; ``(XL) Feather AT-9 Auto Carbine; ``(XLI) Goncz High-Tech Carbine; ``(XLII) Grist Mill Mfg. Co. XH-177; ``(XLIII) Iver Johnson Model Delta 786; ``(XLIV) Manchester Arms Commando Mark-9 and Mark-45; ``(XLV) Mandall The TAC-1 Carbine; ``(XLVI) MK 760 Carbine; ``(XLVII) Model `A' Carbine; ``(XLVIII) NuArmCo M-15; ``(XLIX) Olympic Arms CAR Series (AR-15) Rifles; ``(L) Ordinance Design Co. ER-15; ``(LI) P.A.W.S. ZX6 and ZX8 Carbines; ``(LII) PWA Commando; ``(LIII) Ruger Mini-14/5F (folding stock model); ``(LIV) Sendra Corp. XM-15A1-E2; ``(LV) SGW XM-15, BH-15 and XM-17; ``(LVI) Springfield Armory SAR-48; ``(LVII) Springfield Armory BM-59; ``(LVIII) Springfield Armory DR-200 Sporter Rifle; ``(LIX) Springfield Armory SAR-8 and SAR- 4800 Rifles; ``(LX) Springfield Armory Model G3 or SAR- 3; ``(LXI) Springfield Armory MIA Bush/Assault Rifle; ``(LXII) Springfield Armory M-21 Sniper Rifle; ``(LXIII) SWD MAC-11 or M-11 Cobray Carbine; ``(LXIV) Universal 100 Carbine; ``(LXV) Weaver Arms Nighthawk; ``(LXVI) Wilkinson `Terry' Carbine; ``(LXVII) Algimec AGM-1; ``(LXVIII) American Arms AKY39, AKF39 Rifles; ``(LXIX) AP-74; ``(LXX) Armalite AR-10; ``(LXXI) Armalite AR-180; ``(LXXII) Armscorp of America Israeli FN- FAL; ``(LXXIII) Argentine FN-FAL; ``(LXXIV) Australian Automatic Arms SAR Rifle; ``(LXXV) Australian G Series FAL; ``(LXXVI) Avtomat Kalashnikov; ``(LXXVII) Beretta AR70 Rifle; ``(LXXVIII) Beretta BM59 Rifle; ``(LXXIX) CETME G3; ``(LXXX) CIS SR-88; ``(LXXXI) Clayco AKS Rifle; ``(LXXXII) Daewoo Max 1 & Max 2; ``(LXXXIII) Dragunov Sniper Rifle; ``(LXXXIV) Egyptian Maadi AKM; ``(LXXXV) FAMAS MAS 223 Semi-Auto Rifle; ``(LXXXVI) FN-LAR Auto Rifle; ``(LXXXVII) FNC Auto Rifle; ``(LXXXVIII) Galil models AR and ARM Semi- Auto Rifles; ``(LXXXIX) Galil Sporter Rifle; ``(XC) Galil Sniper Rifle; ``(XCI) Heckler & Koch HK-91, 93 & 94 Auto Rifles; ``(XCII) Heckler & Koch SR-9 Rifle; ``(XCIII) Kassnar SA 85M AKM; ``(XCIV) Mitchell AK-47, M-70, M-59 and M- 76 Rifles; ``(XCV) Mitchell Spectre Auto Carbine; ``(XCVI) Norinco AKS, SKS & 56S Rifles; ``(XCVII) Norinco 81MGSm 81S, 84S, 86S, 86S-7, 88SB; ``(XCVIII) Norinco Officer's Nine Carbine; ``(XCIX) Ordnance Design Co. FR-15; ``(C) Poly Tech AK-47S & AKS-762 Rifles; ``(CI) PWA Cinnabdi; ``(CII) Shaanix AK-47, AK-47-56S & 56; ``(CIII) Sig AMT; ``(CIV) Sig PE-57 ``(CV) Sig 500 Series (SG 550/551) ``(CVI) SKS with detachable magazine; ``(CVII) Sterling MK-6 and SAR; ``(CVIII) Steyr AUG Autoloading Rifle; ``(CIX) Uzi Carbine and Mini Carbine; ``(CX) Valmet M-62, M-71, M-76, M-78 Rifles; ``(CXI) Valmet M-82 Bullpup Rifle; ``(CXII) Volunteer Enterprise Commando; ``(CXIII) AMT Lightning 25/22 Rifle; ``(CXIV) Auto-Ordnance Model 1927A-3 Rifle; ``(CXV) Calico M-100 and M-105 Carbines; ``(CXVI) Feather AT-22 Carbine; ``(CXVII) Federal Model XC-220 Carbine; ``(CXVIII) Grendel R-31 Auto Carbine; ``(CXIX) Illinois Arms Co. Model 180 Auto Rifle; ``(CXX) Armscor AK-22 Auto Rifle; ``(CXXI) Armscor Model 1600 Auto Rifle; ``(CXXII) EMF AP-74 Rifle; ``(CXXIII) Erma EM-1 .22 Rifle; ``(CXXIV) Mitchell AK-22 Rifle; ``(CXXV) Mitchell Galil/22 Rifle; ``(CXXVI) Mitchell CAR-15/22 Rifle; ``(CXXVII) Mitchell M-16A-1/22 Rifle; ``(CXXVIII) Mitchell PPS/50 Rifle; ``(CXXIX) Mitchell MAS/22 Rifle; ``(CXXX) Unique F-11; ``(CXXXI) AA Arms AP-9 Assault Pistol; ``(CXXXII) AA Arms P95 Pistol; ``(CXXXIII) Auto-Ordnance Thompson 1927-A5 Pistol; ``(CXXXIV) Bushmaster Auto Pistol; ``(CXXXV) Calico M-950 Pistol; ``(CXXXVI) Calico 100-P and M-110 Auto Pistols (rimfire); ``(CXXXVII) Claridge Hi-Tec Pistol; ``(CXXXVIII) Commando Pistol; ``(CXXXIX) D MAX Auto Pistol; ``(CXL) Encom MK IV Assault Pistol; ``(CXLI) Encom MP-9 & MP-45 Assault Pistols; ``(CXLII) Feather Mini-AT Auto Pistol; ``(CXLIII) Federal XP900/XP450 Pistols; ``(CXLIV) Goncz High-Tech Long Pistol; ``(CXLV) Grendel P-30 and P-31 Auto Pistols (rimfire); ``(CXLVI) Holmes MP-83 Assault Pistol; ``(CXLVII) Holmes MP-22 Assault Pistol (rimfire); ``(CXLVIII) Ingram MAC-10 and MAC-11 Pistols; ``(CXLIX) Intratec TEC-9 Pistol; ``(CL) Intratec Scorpion .22 Auto Pistol (rimfire); ``(CLI) Iver Johnson Enforcer Model 3000 Pistol; ``(CLII) Partisan Avenger Auto Pistol; ``(CLIII) R.P.B. MAC-10 Pistol; ``(CLIV) Scarab Skorpion Auto Pistol; ``(CLV) Sile PAWS pistol; ``(CLVI) Spectre DA pistol; ``(CLVII) S.W.D. Cobray/M-11 (MAC-11) Pistol; ``(CLVIII) Universal Enforcer Pistol; ``(XLIX) Wilkinson `Linda' Pistol; ``(CLX) Australian Automatic Arms SAP Pistol; ``(CLXI) Heckler and Koch SP-89 Pistol; ``(CLXII) Spectre Auto Pistol; ``(CLXIII) Sterling MK-7 Pistol; ``(CLXIV) Uzi Pistol; ``(CLXV) Gilbert USAS-12 Shotgun; ``(CLXVI) Hi-Standard Model 10A Shotgun; ``(CLXVII) Mossberg Model 500 pump-action Ballpup Shotgun; ``(CLXVIII) Striker 12 revolving cylinder Shotgun; ``(CLXIX) Street Sweeper revolving cylinder Shotgun; ``(CLXX) Atchisson Assault 12 ``(CLXXI) Benelli M1 Super 90 Shotgun; ``(CLXXII) Benelli M3 Super 90 Pump/Auto Shotgun; ``(CLXXIII) Benelli 1212-M1 `Master Blaster'; ``(CLXXIV) F.I.E./Franchi SPAS 12 Auto Shotgun; or ``(CLXXV) F.I.E./Franchi LAW 12 Auto Shotgun; ``(ii) a revolving-cylinder shotgun such as or similar to the Street Sweeper or Striker 12; and ``(iii) a semiautomatic firearm designated by the Secretary as a semiautomatic assault weapon under section 931; and ``(B) does not include (among other firearms)-- ``(i) any of the firearms known as-- ``(I) Remington Model 1100 shotgun; ``(II) Remington Model 7400 rifle; ``(III) Mossberg Model 5500 shotgun; ``(IV) HK Model 300 rifle; ``(V) Marlin Model 9 camp carbine; ``(VI) Browning High-Power rifle; or ``(VII) Remington Nylon 66 auto loading rifle; ``(ii) a firearm that is a manually operated bolt action firearm; ``(iii) a lever action firearm; ``(iv) a slide action firearm; or ``(v) a firearm that has been rendered permanently inoperable.''. (b) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a semiautomatic assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a semiautomatic assault weapon that was lawfully possessed before the effective date of this subsection or, in the case of a semiautomatic firearm that the Secretary designates as a semiautomatic assault weapon pursuant to section 931, before the date on which the designation is made; or ``(C) the transfer or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (c) Designation of Semiautomatic Assault Weapons.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 931. Designation of semiautomatic assault weapons ``(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the Attorney General, shall determine whether any other semiautomatic firearm (other than a firearm described in section 921(a)(29)(B)) should be designated as a semiautomatic assault weapon in addition to those previously designated by section 921(a)(29)(A) or by the Secretary under this section. ``(b) Criteria.--(1) The Secretary shall by regulation designate as a semiautomatic assault weapon a rifle, pistol, or shotgun that is a semiautomatic firearm and that is described in paragraph (2), (3), (4), or (5). ``(2) A replica or duplicate in any caliber of a semiautomatic firearm described in section 921(a)(29)(A)(i) is a semiautomatic assault weapon. ``(3) A rifle that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or readily adaptable to sporting purposes; ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A bayonet mount. ``(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. ``(v) A grenade launcher. ``(4) A pistol that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) An ammunition magazine that attaches to the pistol outside of the pistol grip. ``(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer. ``(iii) A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned. ``(iv) A manufactured weight of 50 ounces or more when the pistol is unloaded. ``(v) A semiautomatic version of an automatic firearm. ``(5) A shotgun that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A fixed magazine capacity in excess of 6 rounds. ``(iv) An ability to accept a detachable magazine.''. (2) Technical amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``931. Designation of semiautomatic assault weapons.''. (d) Penalties.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or 922(q)'' and inserting ``922 (q), (r), or (s)''. (e) Identification Markings for Semiautomatic Assault Weapons.-- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``The serial number of a semiautomatic assault weapon shall clearly show if the weapon was manufactured or imported after the effective date of this sentence.''. HR 3184 IH----2
Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) make it unlawful to transfer or possess a semiautomatic assault weapon; and (2) list weapons classified as semiautomatic assault weapons. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Protection & Integrity Certification Act'' or the ``EPIC Act''. SEC. 2. CERTIFICATION THAT FOREIGN FUNDS WILL NOT BE USED TO MAKE ANY CONTRIBUTION OR EXPENDITURE IN CONNECTION WITH ANY ELECTION IN THE UNITED STATES. (a) Application for Exemption.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(s) Certification.--In the case of an organization described in subsection (c) for which an application is required for exemption from tax under subsection (a), such application shall not be treated as complete unless the application contains a certification that the organization will not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (b) Certification by (c)(4) Organizations.-- (1) In general.--Section 506(a) of such Code is amended by inserting before the period at the end the following: ``and shall include with such notification the certification described in subsection (g)''. (2) Certification.--Section 506 of such Code is amended by adding at the end the following: ``(g) Certification.--The certification described in this subsection with respect to an organization is a certification that the organization will not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (c) Annual Reporting.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: ``(n) Certification.--The annual return required by subsection (a) for an organization described in section 501(c) and exempt from tax under section 501(a) shall not be treated as complete unless the return contains a certification that the organization did not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election in the year, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (d) GAO Study.--The Comptroller General of the United States shall-- (1) conduct a study of the political activities of corporations to determine whether foreign money is being used in United States elections, and (2) not later than July 1, 2019, submit a report of such study to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (e) Effective Date.-- (1) The amendment made by subsection (a) shall apply to applications filed after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to returns filed for taxable years beginning after the date of the enactment of this Act. SEC. 3. INCLUDING CERTIFICATIONS IN REPORTS FILED UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 BY ORGANIZATIONS MAKING DISBURSEMENTS FOR INDEPENDENT EXPENDITURES OR ELECTIONEERING COMMUNICATIONS. (a) Independent Expenditures.--Section 304(c)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) in the case of an independent expenditure made by an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the organization did not use foreign funds to make the expenditure.''. (b) Electioneering Communications.--Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph: ``(G) If the person making the disbursement is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the person did not use foreign funds to make the disbursement.''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the date of the enactment of this Act.
Election Protection & Integrity Certification Act or the EPIC Act This bill amends the Internal Revenue Code to require an organization applying for tax-exempt status to certify that it will not: (1) use foreign funds to make certain expenditures in connection with an election, a political party, or an electioneering communication; or (2) solicit, accept, or receive a contribution or donation from a foreign national for an election or a political party. A tax-exempt organization must certify in its annual tax return that it has not violated the requirements described above. The Government Accountability Office must study the political activities of corporations to determine whether foreign money is being used in U.S elections. The bill amends the Federal Election Campaign Act of 1971 to require tax-exempt organizations filing certain reports regarding disbursements for independent expenditures or electioneering communications to certify that foreign funds were not used for the disbursements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Target Practice and Marksmanship Training Support Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help-- (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose.--The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. SEC. 3. DEFINITION OF PUBLIC TARGET RANGE. In this Act, the term ``public target range'' means a specific location that-- (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT. (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended-- (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: ``(2) the term `public target range' means a specific location that-- ``(A) is identified by a governmental agency for recreational shooting; ``(B) is open to the public; ``(C) may be supervised; and ``(D) may accommodate archery or rifle, pistol, or shotgun shooting;''. (b) Expenditures for Management of Wildlife Areas and Resources.-- Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended-- (1) by striking ``(b) Each State'' and inserting the following: ``(b) Expenditures for Management of Wildlife Areas and Resources.-- ``(1) In general.--Except as provided in paragraph (2), each State''; (2) in paragraph (1) (as so designated), by striking ``construction, operation,'' and inserting ``operation''; (3) in the second sentence, by striking ``The non-Federal share'' and inserting the following: ``(3) Non-federal share.--The non-Federal share''; (4) in the third sentence, by striking ``The Secretary'' and inserting the following: ``(4) Regulations.--The Secretary''; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: ``(2) Exception.--Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.''. (c) Firearm and Bow Hunter Education and Safety Program Grants.-- Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Allocation of additional amounts.--Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.''; (2) by striking subsection (b) and inserting the following: ``(b) Cost Sharing.-- ``(1) In general.--Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. ``(2) Public target range construction or expansion.--The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.''; and (3) in subsection (c)(1)-- (A) by striking ``Amounts made'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), amounts made''; and (B) by adding at the end the following: ``(B) Exception.--Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.''. SEC. 5. LIMITS ON LIABILITY. (a) Discretionary Function.--For purposes of chapter 171 of title 28, United States Code (commonly referred to as the ``Federal Tort Claims Act''), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function. (b) Civil Action or Claims.--Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is-- (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or (2) located on Federal land. SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION. It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.
Target Practice and Marksmanship Training Support Act This bill amends the Pittman-Robertson Wildlife Restoration Act to facilitate the construction and expansion of public target ranges by: (1) authorizing a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorizing a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for those costs; (3) limiting the federal share of those costs under such Act to 90%; and (4) requiring amounts provided for those costs under such Act to remain available for expenditure and obligation for five fiscal years. The United States shall be shielded from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. The bill urges the Forest Service and the Bureau of Land Management to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training.
{"src": "billsum_train", "title": "Target Practice and Marksmanship Training Support Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans with Disabilities Act Restoration Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in enacting the Americans with Disabilities Act of 1990, Congress intended that the Act ``establish a clear and comprehensive prohibition of discrimination on the basis of disability'', and provide broad coverage and vigorous and effective remedies without unnecessary and obstructive defenses; (2) decisions and opinions of the Supreme Court have unduly narrowed the broad scope of protection afforded by the Americans with Disabilities Act of 1990, eliminating protection for a broad range of individuals whom Congress intended to protect; (3) in enacting the Americans with Disabilities Act of 1990, Congress recognized that physical and mental impairments are natural parts of the human experience that in no way diminish a person's right to fully participate in all aspects of society, but Congress also recognized that people with physical or mental impairments having the talent, skills, abilities, and desire to participate in society are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers; (4)(A) Congress modeled the Americans with Disabilities Act of 1990 definition of disability on that of section 504 of the Rehabilitation Act of 1973 (referred to in this section as ``section 504''), which had, prior to the date of enactment of the Americans with Disabilities Act of 1990, been construed broadly to encompass both actual and perceived limitations, and limitations imposed by society; and (B) the broad conception of the definition contained in section 504 had been underscored by the Supreme Court's statement in its decision in School Board of Nassau County v. Arline, 480 U.S. 273 (1987), that the definition ``acknowledged that society's myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment''; (5) in adopting, in the Americans with Disabilities Act of 1990, the concept of disability expressed in section 504, Congress understood that adverse action based on a person's physical or mental impairment is often unrelated to the limitations caused by the impairment itself; (6) instead of following congressional expectations that the term ``disability'' would be interpreted broadly in the Americans with Disabilities Act of 1990, the Supreme Court has ruled, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the elements of the definition ``need to be interpreted strictly to create a demanding standard for qualifying as disabled'' and, consistent with that view, has narrowed the application of the definition in various ways; and (7) contrary to explicit congressional intent expressed in the committee reports for the Americans with Disabilities Act of 1990, the Supreme Court has eliminated from the Act's coverage individuals who have mitigated the effects of their impairments through the use of such measures as medication and assistive devices. (b) Purpose.--The purposes of this Act are-- (1) to effect the Americans with Disabilities Act of 1990's objectives of providing ``a clear and comprehensive national mandate for the elimination of discrimination'' and ``clear, strong, consistent, enforceable standards addressing discrimination'' by restoring the broad scope of protection available under the Americans with Disabilities Act of 1990; (2) to respond to certain decisions of the Supreme Court, including Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999), Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999), Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999), and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that have narrowed the class of people who can invoke the protection from discrimination that the Americans with Disabilities Act of 1990 provides; and (3) to reinstate the original congressional intent regarding the definition of disability in the Americans with Disabilities Act of 1990 by clarifying that the protection of that Act is available for all individuals who are-- (A) subjected to adverse treatment based on an actual or perceived impairment, or a record of impairment; or (B) adversely affected-- (i) by prejudiced attitudes, such as myths, fears, ignorance, or stereotypes concerning disability or particular disabilities; or (ii) by the failure to remove societal and institutional barriers, including communication, transportation, and architectural barriers, or the failure to provide reasonable modifications to policies, practices, and procedures, reasonable accommodations, and auxiliary aids and services. SEC. 3. FINDINGS IN AMERICANS WITH DISABILITIES ACT OF 1990. Section 2(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) physical and mental disabilities are natural parts of the human experience that in no way diminish a person's right to fully participate in all aspects of society; and ``(B)(i) people with physical or mental disabilities having the talent, skills, abilities, and desire to participate in society are frequently precluded from doing so because of discrimination; and ``(ii) other people who have a record of a disability or are regarded as having a disability have also been subjected to discrimination;''; and (2) by striking paragraph (7) and inserting the following: ``(7)(A) individuals with disabilities have been subjected to a history of purposeful unequal treatment, have had restrictions and limitations imposed upon them because of their disabilities, and have been relegated to positions of political powerlessness in society; and ``(B) classifications and selection criteria that exclude individuals with disabilities should be strongly disfavored, subjected to skeptical and meticulous examination, and permitted only for highly compelling reasons, and never on the basis of prejudice, myths, irrational fears, ignorance, or stereotypes about disability;''. SEC. 4. DISABILITY DEFINED. Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Disability.-- ``(A) In general.--The term `disability' means-- ``(i) a physical or mental impairment; ``(ii) a record of a physical or mental impairment; or ``(iii) being regarded as having a physical or mental impairment. ``(B) Rule of construction.-- ``(i) Determination of impairment.--The determination of whether an individual has a physical or mental impairment shall be made without regard to-- ``(I) whether the individual uses a mitigating measure; ``(II) the impact of any mitigating measures the individual may or may not be using; ``(III) whether any manifestation of the impairment is episodic; or ``(IV) whether the impairment is in remission or latent. ``(ii) Mitigating measures.--The term `mitigating measure' means any treatment, medication, device, or other measure used to eliminate, mitigate, or compensate for the effect of an impairment, and includes prescription and other medications, personal aids and devices (including assistive technology devices and services), reasonable accommodations, and auxiliary aids and services.''; and (2) by redesignating paragraph (3) as paragraph (7) and inserting after paragraph (2) the following: ``(3) Mental impairment.--The term `mental', used with respect to an impairment, means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disability. ``(4) Physical impairment.--The term `physical', used with respect to an impairment, means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting 1 or more of the following body systems: ``(A) Neurological. ``(B) Musculoskeletal. ``(C) Special sense organs. ``(D) Respiratory, including speech organs. ``(E) Cardiovascular. ``(F) Reproductive. ``(G) Digestive. ``(H) Genitourinary. ``(I) Hemic and lymphatic. ``(J) Skin. ``(K) Endocrine. ``(5) Record of a physical or mental impairment.--The term `record of a physical or mental impairment' means a history of, or a misclassification as having, a physical or mental impairment. ``(6) Regarded as having a physical or mental impairment.-- The term `regarded as having a physical or mental impairment' means perceived or treated as having a physical or mental impairment, whether or not the individual involved has an impairment.''. SEC. 5. ADVERSE ACTION. The Americans with Disabilities Act of 1990 is amended by inserting after section 3 (42 U.S.C. 12102) the following: ``SEC. 4. ADVERSE ACTION. ``An adverse action taken by an entity covered under this Act against an individual because of that individual's use of a mitigating measure or because of a side effect or other consequence of the use of such a measure shall constitute discrimination under this Act.''. SEC. 6. DISCRIMINATION ON THE BASIS OF DISABILITY. Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended-- (1) in subsection (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''; and (2) in subsection (b), in the matter preceding paragraph (1), by striking the term ``discriminate'' and inserting ``discriminate against an individual on the basis of disability''. SEC. 7. QUALIFIED INDIVIDUAL. Section 103(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 2113(a)) is amended by striking ``that an alleged'' and inserting ``that-- ``(1) the individual alleging discrimination under this title is not a qualified individual with a disability; or ``(2) an alleged''. SEC. 8. 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 the purpose of providing a comprehensive prohibition of discrimination on the basis of disability and to advance the remedial purpose of this Act, the provisions of this Act shall be broadly construed. ``(f) Regulations.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Americans with Disabilities Act Restoration Act of 2007-- ``(A) the Attorney General, the Equal Employment Opportunity Commission, and the Secretary of Transportation shall issue regulations described in sections 106, 204, 223, 229, 244, and 306, as appropriate, including regulations that implement sections 3 and 4, to carry out the corresponding provisions of this Act, as this Act is amended by the Americans with Disabilities Act Restoration Act of 2007; and ``(B) the Architectural and Transportation Barriers Compliance Board shall issue supplementary guidelines described in section 504, to supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles II and III of this Act, as this Act is amended by the Americans with Disabilities Act Restoration Act of 2007. ``(2) Construction.--Nothing in this subsection shall be construed to limit the authority of an officer or agency described in paragraph (1) to issue regulations or guidelines under any other provision of this Act, other than this subsection. ``(g) Deference to Regulations and Guidance.--Duly issued Federal regulations and guidance for the implementation of the Americans with Disabilities Act of 1990, including provisions implementing and interpreting the definition of disability, shall be entitled to deference by administrative agencies or officers, and courts, deciding an issue in any action brought under this Act.''.
Americans with Disabilities Act Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of "disability" a reference to substantially limiting one or more major life activities. Prohibits, in determining whether an individual has an impairment, considering whether the individual uses a mitigating measure, the impact of any mitigating measures, or whether the impairment is episodic, in remission, or latent. Defines the term "mitigating measure." Defines "physical" and "mental" (used regarding an impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment." Declares that an adverse action taken because of an individual's use of a mitigating measure constitutes discrimination under the Act. Prohibits employment discrimination against an individual on the basis of disability (currently, against a qualified individual with a disability because of the disability). Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability. Requires that the Act's provisions be broadly construed. Directs the Attorney General, the Equal Employment Opportunity Commission (EEOC), and the Secretary of Transportation to issue regulations to carry out the provisions of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Entitles duly issued federal regulations and guidance to deference by administrative agencies or officers and courts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fighter Aces Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups' recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces' training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America's most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) Richard Bong was America's top Ace of all wars scoring a confirmed 40 enemy victories in WWII. He was from Poplar, Wisconsin, and flew the P-38 Lightning in all his combat sorties flying for the 49th Fighter Group. He was killed in 1945 during a P-80 test flight in which the engine flamed out on takeoff. (13) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. (14) The American Fighter Aces Association has existed for over 50 years as the primary organization with which the Aces have preserved their history and told their stories to the American public. The Association established and maintains the Outstanding Cadet in Airmanship Award presented annually at the United States Air Force Academy; established and maintains an awards program for outstanding fighter pilot ``lead-in'' trainee graduates from the Air Force, Navy, and Marine Corps; and sponsors a scholarship program for descendants of American Fighter Aces. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom, which has spanned the history of aviation warfare. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the American Fighter Aces, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. NATIONAL MEDALS. The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a single congressional gold medal in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution for display and research purposes. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the American Fighter Aces. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of the gold medal at a price sufficient to cover the costs of the medals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Integration Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Over 90 percent of United States companies engaged in manufacturing are small- and medium-sized businesses. (2) Most of these manufacturers produce goods for assemblage into products of large companies. (3) The emergence of the World Wide Web and the promulgation of international standards for product data exchange greatly accelerated the movement toward electronically integrated supply chains during the last half of the 1990's. (4) European and Asian countries are investing heavily in electronic enterprise standards development, and in preparing their smaller manufacturers to do business in the new environment. European efforts are well advanced in the aerospace, automotive, and shipbuilding industries and are beginning in other industries including home building, furniture manufacturing, textiles, and apparel. This investment could give overseas companies a major competitive advantage. (5) The National Institute of Standards and Technology, because of the electronic commerce expertise in its laboratories and quality program, its long history of working cooperatively with manufacturers, and the nationwide reach of its manufacturing extension program, is in a unique position to help United States large and smaller manufacturers alike in their responses to this challenge. (6) It is, therefore, in the national interest for the National Institute of Standards and Technology to accelerate its efforts in helping industry develop standards and enterprise integration processes that are necessary to increase efficiency and lower costs. SEC. 3. ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director shall establish an initiative for advancing enterprise integration within the United States. In carrying out this section, the Director shall involve, as appropriate, the various units of the National Institute of Standards and Technology, including the National Institute of Standards and Technology laboratories (including the Building and Fire Research Laboratory), the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), and the Malcolm Baldrige National Quality Program. This initiative shall build upon ongoing efforts of the National Institute of Standards and Technology and of the private sector, shall involve consortia that include government and industry, and shall address the enterprise integration needs of each United States major manufacturing industry at the earliest possible date. (b) Assessment.--For each major manufacturing industry, the Director may work with industry, trade associations, professional societies, and others as appropriate, to identify enterprise integration standardization and implementation activities underway in the United States and abroad that affect that industry and to assess the current state of enterprise integration within that industry. The Director may assist in the development of roadmaps to permit supply chains within the industry to operate as an integrated electronic enterprise. The roadmaps shall be based on voluntary consensus standards. (c) Reports.--Within 180 days after the date of the enactment of this Act, and annually thereafter, the Director shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the National Institute of Standards and Technology's activities under subsection (b). (d) Authorized Activities.--In order to carry out this Act, the Director may work with industry, trade associations, professional societies, and others as appropriate-- (1) to raise awareness in the United States, including awareness by businesses that are majority owned by women, minorities, or both, of enterprise integration activities in the United States and abroad, including by the convening of conferences; (2) on the development of enterprise integration roadmaps; (3) to support the development, testing, promulgation, integration, adoption, and upgrading of standards related to enterprise integration including application protocols; and (4) to provide technical assistance and, if necessary, financial support to small- and medium-sized businesses that set up pilot projects in enterprise integration. (e) Manufacturing Extension Program.--The Director shall ensure that the Manufacturing Extension Program is prepared to advise small- and medium-sized businesses on how to acquire the expertise, equipment, and training necessary to participate fully in supply chains using enterprise integration. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``automotive'' means land-based engine-powered vehicles including automobiles, trucks, busses, trains, defense vehicles, farm equipment, and motorcycles; (2) the term ``Director'' means the Director of the National Institute of Standards and Technology; (3) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, suppliers, and customers to enable the electronic exchange of product, manufacturing, and other business data among all partners in a product supply chain, and such term includes related application protocols and other related standards; (4) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates; and (5) the term ``roadmap'' means an assessment of manufacturing interoperability requirements developed by an industry describing that industry's goals related to enterprise integration, the knowledge and standards including application protocols necessary to achieve those goals, and the necessary steps, timetable, and assignment of responsibilities for acquiring the knowledge and developing the standards and protocols. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out functions under this Act-- (1) $2,000,000 for fiscal year 2002; (2) $10,000,000 for fiscal year 2003; (3) $15,000,000 for fiscal year 2004; and (4) $20,000,000 for fiscal year 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Enterprise Integration Act of 2002 - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an initiative for advancing enterprise integration within the United States which shall: (1) involve the various units of NIST, including NIST laboratories, the Manufacturing Extension Partnership program, and the Malcolm Baldrige National Quality Program, and consortia that include government and industry; (2) build upon ongoing efforts of NIST and the private sector; and (3) address the enterprise integration needs of each major U.S. manufacturing industry at the earliest possible date.Authorizes the Director, with respect to each major manufacturing industry, to: (1) work with industry, trade associations, and professional societies to identify all enterprise standardization and implementation activities underway and to assess the current state of enterprise integration; and (2) assist in the development of roadmaps (to be based on voluntary consensus standards) to permit supply chains to operate as an integrated electronic enterprise. Requires the Director to submit annual reports to specified congressional committees on such activities.Authorizes the Director to work with industry, trade associations, and professional societies: (1) to raise awareness, including that by businesses that are majority owned by women and/or minorities, of enterprise integration activities; (2) on the development of enterprise integration roadmaps; (3) to support the development, testing, promulgation, integration, adoption, and upgrading of enterprise integration standards; and (4) to provide technical assistance and financial support to small and medium-sized businesses that set up enterprise integration pilot projects.Requires the Director to ensure that the Manufacturing Extension Program is prepared to advise small and medium-sized businesses on how to acquire the expertise, equipment, and training necessary to participate fully in supply chains using enterprise integration.Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Grazing Improvement Act of 2011''. SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended by striking ``ten years'' each place it appears and inserting ``20 years''. SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following: ``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND LEASES. ``(a) Definitions.--In this section: ``(1) Environmental analysis.--The term `environmental analysis' means an environmental assessment or an environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture, with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. ``(b) Renewal, Transfer, and Reissuance.--A grazing permit or lease issued by the Secretary, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived after the date of enactment of this section shall be renewed or reissued, as appropriate, under-- ``(1) section 402; ``(2) section 19 of the Act of April 24, 1950 (commonly known as the `Granger-Thye Act') (16 U.S.C. 580l); ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or ``(4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-50). ``(c) Terms; Conditions.--The terms and conditions contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. ``(d) Cancellation; Suspension; Modification.--A permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. ``(e) Compliance With National Environmental Policy Act of 1969.-- ``(1) In general.--The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental analysis if the decision continues the current grazing management of the allotment. ``(2) Applicability regarding permits and leases with minor modifications.--If the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned contains only minor modifications from the grazing permit or lease that is the subject of the renewal, reissuance, or transfer, the grazing permit or lease shall be categorically excluded from the requirement to prepare an environmental analysis if-- ``(A) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land and resource management plan of the allotment, as determined by the Secretary concerned; and ``(B) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. ``(f) Priority and Timing for Completing Environmental Analyses.-- ``(1) In general.--Notwithstanding section 504 of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 (Public Law 104-19; 109 Stat. 212), the Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. ``(2) Applicability.--This subsection shall not apply to the renewal, reissuance, or transfer of a grazing permit or lease that is categorically excluded under subsection (e).''. SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING APPEALS. (a) Forest and Rangeland Renewable Resources Planning Act of 1974.--Section 14 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1612) is amended by adding at the end the following: ``(c) Applicability of Administrative Procedure Act.--With respect to a decision by the Secretary of Agriculture regarding a grazing permit, an appeal by a grazing permittee shall be conducted in accordance with subchapter II of chapter 5 of title 5, United States Code.''. (b) Federal Land Policy and Management Act of 1976.--Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended by adding at the end the following: ``(i) Applicability of Administrative Procedure Act.-- ``(1) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture, with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. ``(2) Applicability of administrative procedure act.--With respect to a decision by the Secretary concerned regarding a grazing permit or lease, an appeal by a grazing permittee shall be conducted in accordance with subchapter II of chapter 5 of title 5, United States Code. ``(3) Deadline for filing appeals.--An appeal made under this subsection shall be filed not later than 30 days after the date on which a decision described in paragraph (2) is made. ``(4) Suspension of decisions.-- ``(A) In general.--Except as otherwise provided in this subsection, each decision by the Secretary concerned regarding a grazing permit or lease that is appealed under this subsection shall be suspended until the date on which the appeal is resolved. ``(B) Determination by secretary concerned.--A decision described in subparagraph (A) may not be suspended if the Secretary concerned (including any other authorized official) determines there is an emergency regarding a deterioration of resources. ``(5) Continued use of grazing permit or lease.--Except in a situation in which grazing use for the preceding year was authorized on a temporary basis, an applicant who was granted grazing use in the preceding year may continue at the level of authorized active use until the date on which the appeal is resolved.''.
Grazing Improvement Act of 2011 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years). Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, Granger-Thye Act, Bankhead-Jones Farm Tenant Act, or California Desert Protection Act of 1994. Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the requirement under the National Environmental Policy Act of 1969 (NEPA) to prepare an environmental analysis if such decision continues current grazing management of the allotment. Makes provisions of the Administrative Procedure Act applicable to appeals made by grazing permittees regarding grazing permits or leases under the Act and the Forest and Rangeland Renewable Resources Planning Act of 1974.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership Opportunities for Public Safety Officers and Teachers Act of 2001''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) teachers, law enforcement officers, fire fighters, and rescue personnel help form the backbones of communities and are integral components in the social capital of neighborhoods in the United States; and (2) providing reduced downpayment requirements on HUD- insured properties and discounted purchase prices on HUD-owned properties for teachers, law enforcement officers, fire fighters, and rescue personnel recognizes the intrinsic value of the services provided by such employees to their communities and to family life and encourages and rewards those who are dedicated to providing public service in our most needy communities. SEC. 3. REDUCED DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(11) Reduced downpayment requirements for teachers and public safety officers.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor is an individual who-- ``(I) is (aa) a teacher, or (bb) a public safety officer; and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction of-- ``(I) in the case of a mortgage of a mortgagor described in clause (i)(I)(aa), the local educational agency for the school in which the mortgagor is employed (or, in the case of a mortgagor employed in a private school, the local educational agency having jurisdiction for the area in which the private school is located); or ``(II) in the case of a mortgage of a mortgagor described in clause (i)(I)(bb), the jurisdiction served by the public law enforcement agency, firefighting agency, or rescue or ambulance agency that employs the mortgagor.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)(2)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(11)(B): ``(A) Paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply. ``(B) If, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be a teacher or public safety officer (as such terms are defined in section 201) or pays the principal obligation of the mortgage in full, the Secretary shall at such time collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''. SEC. 4. 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, during fiscal years 2002 through 2006, 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) 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). ``(G) 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 terms `teacher' and `public safety officer' have the meanings given such terms in section 201.''. (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)''. SEC. 5. PUBLIC SAFETY OFFICER HOME OWNERSHIP IN HIGH-CRIME AREAS. (a) Program Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program in accordance with this section to assist Federal, State, and local public safety officers purchasing homes in locally-designated high-crime areas. (b) Eligibility.--To be eligible for assistance under this section, a public safety officer shall agree, in writing, to use the residence purchased with such assistance as the primary residence of the public safety officer for not less than 3 years after the date of purchase. (c) Mortgage Assistance.--If a public safety officer purchases a home in locally-designated high-crime area and finances such purchase through a mortgage insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203 or any other provision of the National Housing Act, the following shall apply: (1) Downpayment.-- (A) In general.--There shall be no downpayment required if the purchase price of the property is not more than the reasonable value of the property, as determined by the Secretary. (B) Purchase price exceeds value.--If the purchase price of the property exceeds the reasonable value of the property, as determined by the Secretary, the required downpayment shall be the difference between such reasonable value and the purchase price. (2) Closing costs.--The closing costs and origination fee for such mortgage may be included in the loan amount. (3) Insurance premium payment.--There shall be one insurance premium payment due on the mortgage. Such insurance premium payment-- (A) shall be equal to 1 percent of the loan amount; (B) shall be due and considered earned by the Secretary at the time of the loan closing; and (C) may be included in the loan amount and paid from the loan proceeds. (d) Local Designation of High-Crime Areas.-- (1) Criteria.--Any unit of local government may request that the Secretary designate any area within the jurisdiction of that unit of local government as a locally-designated high- crime area for purposes of this section if the proposed area-- (A) has a crime rate that is significantly higher than the crime rate of the non-designated area that is within the jurisdiction of the unit of local government; and (B) has a population that is not more than 25 percent of the total population of area within the jurisdiction of the unit of local government. (2) Deadline for consideration of request.--Not later than 60 days after receiving a request under paragraph (1), the Secretary shall approve or disapprove the request. (e) Public Safety Officer.--For purposes of this section, the term ``public safety officer'' has the meaning given such term in section 201 of the National Housing Act (12 U.S.C. 1707), except that such term includes any officer serving a public agency of the Federal Government. (f) Sunset.--The Secretary shall not approve any application for assistance under this section that is received by the Secretary after the expiration of the 3-year period beginning on the date that the Secretary first makes available assistance under the pilot program under this section. SEC. 6. DEFINITIONS. Section 201 of the National Housing Act (12 U.S.C. 1707) is amended-- (1) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (2) by realigning each paragraph<divide> 2 ems from the left margin; and (3) by adding at the end the following new paragraphs: ``(7) 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), except that such term shall not include any officer serving a public agency of the Federal Government. ``(8) The term `teacher' means an individual who is employed on a part- or full-time basis as a teacher 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. ``(9) The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)).''. SEC. 7. REGULATIONS. Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the provisions of this Act and the amendments made by this Act.
Home Ownership Opportunities for Public Safety Officers and Teachers Act of 2001 - Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front payments) for Federal Housing Administration mortgage loans for qualified elementary and secondary school teachers and administrators and non-Federal public safety officers to purchase homes within the jurisdictions of their employing agencies.Provides a 50 percent discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residence.Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist Federal, State, and local public safety officers purchase primary residences in high-crime areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Implementation Act''. SEC. 2. DEFINITION. In this Act, the term ``qualified bill'' means a bill in the House of Representatives or Senate that-- (1)(A) has not fewer than 6 sponsors who caucus with Democrats and 6 sponsors who caucus with Republicans in the Senate; or (B) has not fewer than 15 sponsors who caucus with Republicans and 15 sponsors who caucus with Democrats in the House; (2) states as it purpose to reduce the deficit by a goal of $4,000,000,000,000, but at least $1,500,000,000,000, over the period of fiscal years 2012 through 2021; and (3) specifies that the qualified bill is being introduced pursuant to this Act. SEC. 3. CONSIDERATION OF BIPARTISAN DEFICIT REDUCTION BILLS. (a) Introduction Deadline.--Not later than February 29, 2012, any Senator or Member of the House of Representatives may introduce a qualified bill that shall be considered as provided under subsection (c). (b) Referral of a Qualified Bill.-- (1) Senate.--In the Senate, a qualified bill introduced as provided by subsection (a) shall immediately be referred to the appropriate committee or committees of jurisdiction for review and reporting. (2) House.--In the House, a qualified bill introduced as provided by subsection (a) shall immediately be referred to the appropriate committee or the committees of jurisdiction for review and reporting. (3) CBO.-- (A) In general.--Not later than 48 hours after referral to committees, the bill shall be scored by CBO based on-- (i) current scoring guidelines; (ii) a continuation of policies in effect at the time the bill was introduced; and (iii) the National Commission on Fiscal Responsibility and Reform plausible baseline policy assumptions (referred to in this Act as the ``plausible baseline''). (B) Public availability.--For each bill, all 3 scores referred to in subparagraph (A) shall be printed in the Congressional Record and shall be available online. (c) Proceeding to the Qualified Bill.-- (1) Senate.--Not later than March 9, 2012, and notwithstanding rule XXII of the Standing Rules of the Senate, it shall be in order for any Senator to move to proceed to the consideration of a qualified bill (which shall have been discharged from committee if not reported under subsection (b)) which shall be considered as provided for a joint committee bill under subsections (c) and (d) of section 402 of the Budget Control Act of 2011 (2 U.S.C. 900 note) for the Senate, except that the date for reporting under subsection (c)(1) of such section and the date for the vote on passage under subsection (c)(5) of such section shall not apply to the qualified bill. (2) House.--Not later than March 9, 2012, it shall be in order for any Member of the House of Representatives to move to proceed to the consideration of a qualified bill (which shall have been discharged from committee if not reported under subsection (b)) which shall be considered as provided for a joint committee bill under subsections (b) and (d) of section 402 of the Budget Control Act of 2011 (2 U.S.C. 900 note) for the House of Representatives, except that the date for reporting under subsection (b)(1) of such section and the date for the vote on passage under subsection (b)(4) of such section shall not apply to the qualified bill. (3) CBO.--The House or the Senate may not proceed to a qualified bill under this subsection unless the scores required by subsection (b)(3) have been available in the Congressional Record and online for at least 72 hours. (d) Other Matters.-- (1) Consideration by the other house.--Section 402(e) of the Budget Control Act of 2011 (2 U.S.C. 900 note) shall apply to a qualified bill passed by the other House. (2) Multiple qualified bills.--If there is more than 1 qualifying bill, the qualifying bill will be the bill that achieves the most deficit reduction. If such bill fails to be enacted, succeeding bills may be qualifying bills and shall be considered in the order of the amount of deficit reduction achieved. (e) Vetoes.--If the President vetoes a qualified bill, debate on a veto message in the Senate or the House shall be one hour, equally divided between the majority and minority leader, or their designees. (f) Loss of Privilege.--This section shall cease to apply to a qualified bill if the qualified bill does not pass both Houses of Congress not later than March 30, 2012. SEC. 4. APPLICATION OF OTHER PROVISIONS OF BUDGET CONTROL ACT. (a) Debt Limit Increase.--A qualified bill that is enacted, and that achieves at least $1,500,000,000,000 in deficit reduction as certified by CBO either as measured by current scoring guidelines, against a continuation of policies in effect at the time the bill was introduced, or the plausible baseline shall be deemed to be a joint committee bill for purposes of section 3101A(a)(2)(A)(iii) of title 31, United States Code. (b) Sequestration.--A qualified bill that is enacted, and that achieves at least $1,500,000,000,000 in deficit reduction as certified by CBO either as measured by current scoring guidelines, against a continuation of policies in effect at the time the bill was introduced, or the plausible baseline shall cancel the discretionary spending limits listed under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a). SEC. 5. RULEMAKING. This Act is enacted by Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
Deficit Reduction Implementation Act - Authorizes a Senator or Member of the House of Representatives, by February 29, 2012, to introduce a bipartisan deficit reduction bill that: (1) has a specified minimum number of sponsors in the Senate and in the House who caucus with Democrats and who caucus with Republicans; (2) states as its purpose to reduce the deficit by a goal of $4 trillion, but at least $1.5 trillion between FY2012-FY2021; and (3) specifies that it is being introduced pursuant to this Act. Prescribes legislative procedures for considering such a bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Transparency Act of 2005''. SEC. 2. REPORTING FREQUENCY IN NON-ELECTION YEARS INCREASED TO QUARTERLY. (a) In General.--Clause (ii) of section 527(j)(2)(A) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: ``(ii) quarterly reports, which shall be filed not later than the fifteenth day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. FAILURE OF 527 ORGANIZATION TO COMPLY WITH DISCLOSURE REQUIREMENTS. (a) Excise Tax on Managers.-- (1) In general.--Subchapter C of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4956. TAX ON FAILURE OF POLITICAL ORGANIZATIONS TO MEET DISCLOSURE REQUIREMENTS. ``(a) Tax Imposed.--In the case of a failure of a political organization to meet the disclosure requirements of section 527(j) with respect to any contribution to or expenditure from the political organization, there is hereby imposed on the political organization a tax for each such failure. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be 30 percent of the total amount of the contribution or expenditure with respect to which such failure occurred. ``(c) Liability for Tax.-- ``(1) In general.--Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the political organization. ``(2) Joint and several liability of organization managers.--Each organization manager of the political organization shall be jointly and severally liable for any tax imposed under subsection (a). ``(d) Organization Manager.--For purposes of this section, the term `organization manager' means any officer, director, or trustee of the political organization (or individual having powers or responsibilities similar to those of an officer, director, or trustee). ``(e) Political Organization.--The term `political organization' shall have the meaning given such term by section 527(e)(1).''. (2) Conforming amendments.-- (A) The heading for subchapter C of chapter 42 of such Code is amended by adding at the end the following: ``; Failure of Political Organizations to Meet Reporting Requirements''. (B) The table of sections for such subchapter C is amended by adding at the end the following: ``Sec. 4956. Tax on failure of political organizations to meet disclosure requirements.''. (C) The item in the table of subchapters of such chapter 42 relating to subchapter C is amended to read as follows: ``subchapter c. political expenditures of section 501(c)(3) organizations; failure of political organizations to meet reporting requirements''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. (b) Denial of Gift Tax Exclusion.-- (1) In general.--Paragraph (4) of section 2501(a) of the Internal Revenue Code of 1986 (relating to taxable transfers) is amended to read as follows: ``(4) Transfers to political organizations.-- ``(A) In general.--Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization. ``(B) Exception for failure of organization to meet disclosure requirements.--Subparagraph (A) shall not apply to any transfer in a calendar year for which the political organization fails to make the disclosures required by section 527(j).''. (2) Notice to contributors of denial of gift tax exception for failure to disclose.--Section 527(j) of such Code is amended by adding at the end the following new paragraph: ``(8) Notice to contributors of denial of gift tax exception for failure to disclose.--In the case of a final determination by the Secretary that a failure described in paragraph (1)(A) with respect to an organization occurred, the organization shall, not later than 90 days after the date of such determination, provide written notice of such failure to each contributor to the organization for the calendar year in which such failure occurred. Such notice shall include a statement that the exception under section 2501(a)(4)(A) does not apply to any contribution to the organization in such calendar year.''. (3) Effective date.--The amendments made by this subsection shall apply to transfers made after December 31, 2005.
527 Transparency Act of 2005 - Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations (527 organizations) to require quarterly (instead of semiannual) reporting of contributions and expenditures in non-election years. Imposes a penalty tax on political organizations that fail to meet disclosure requirements. Denies a gift tax exclusion for donations to political organizations that fail to meet disclosure requirements.
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